9546-3105 Quebec Inc. d/b/a Marea — Terms of Use

1. Introduction and Acceptance

These Terms of Use (“Terms”) govern your access to and use of the Marea-operated website at https://www.usemarea.com (“Site”) and the related software, platform, integrations, and services (“Services”) provided by Marea (“Marea,” “we,” “us,” or “our”). By accessing or using the Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Services.

2. Eligibility, Access, and Accounts

You must be at least 18 years old to access or use the Services. You agree to:

• Provide accurate registration information
• Maintain the confidentiality of your login credentials
• Notify Marea immediately of unauthorized access
• Use your account only in accordance with these Terms and the Privacy Policy

Marea may suspend or terminate accounts that violate these Terms or pose security risks.

3. Roles of the Parties (Controller/Processor)

Marea acts as:

• A Data Controller for: website visitor data, account information, cookies, analytics, AI model improvement data (where permitted), security monitoring data, and customer support interactions.
• A Data Processor for: customer-uploaded data (including donor information, images, listings, inventory, workflows) and data synchronized through customer-authorized integrations.

Marea will process personal data in accordance with our Privacy Policy and, where applicable, a Data Processing Agreement (DPA).

4. Use of the Services

5. Intellectual Property

Marea and its licensors own all rights, title, and interest in the Services, including software, technology, trademarks, and content. These Terms grant no ownership rights.

You retain ownership of any content or data you upload (“Your Content”). You grant Marea a limited license to process Your Content solely to provide the Services.

You represent that:

• You have rights to Your Content
• Your Content does not violate any law or third-party rights
• Your Content complies with these Terms

6. AI-Generated Outputs

Marea provides features that use artificial intelligence (“AI Outputs”). You acknowledge that:

• AI Outputs may contain inaccuracies, errors, or bias
• AI Outputs are provided “as-is”
• You are solely responsible for reviewing, validating, and approving Outputs
• AI Outputs must not be used in high-risk or regulated decision-making without human oversight
• You may not use Outputs to train or develop external AI models without written permission from Marea

Marea retains all intellectual property rights in the underlying AI models.

7. Privacy and Personal Data

Your use of the Services is governed by our Privacy Policy. Personal data may be processed:

• As a Controller (for operational, security, analytics, and support data)
• As a Processor (for customer-uploaded and integration-sourced data)

Marea implements industry-standard security controls to safeguard personal data. Users have privacy rights under applicable global laws, including GDPR and CCPA/CPRA, as described in the Privacy Policy.

8. Service Availability and Modifications

Marea strives to maintain reliable service but does not guarantee uninterrupted availability. We may modify, suspend, or discontinue any part of the Services at any time. We may provide notice of scheduled maintenance where practicable.

Marea is not liable for losses related to service modifications or downtime.

9. Third-Party Integrations

The Services may integrate with platforms such as Practice Management Software or POS systems. You are responsible for complying with third-party terms. Marea is not responsible for third-party privacy practices, availability, or content.

10. Disclaimers

THE SERVICES AND AI OUTPUTS ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND. ALARA DISCLAIMS ALL WARRANTIES, INCLUDING:

• Accuracy, completeness, or usefulness of AI Outputs
• Fitness for a particular purpose
• Non-infringement
• Reliability, uptime, or error-free operation

The Services are not intended for high-risk uses such as medical, financial, legal, safety-critical, or life-support decisions.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• Marea is not liable for indirect, consequential, special, punitive, or incidental damages.
• Marea’s total liability for all claims shall not exceed the amount paid by you for the Services in the prior twelve (12) months, or $1,000, whichever is greater.

These limitations apply even if Marea was advised of the possibility of damages.

12. Indemnification

You agree to indemnify and hold harmless Marea and its affiliates from claims arising out of:

• Your use or misuse of the Services or AI Outputs
• Your breach of these Terms, or applicable law
• Your Content
• Decisions made based on AI Outputs

13. Term and Termination

Marea may suspend or terminate your access to the Services for violations of these Terms, the Privacy Policy, or security obligations. Provisions relating to intellectual property, disclaimers, liability limitations, indemnification, and governing law survive termination.

14. Dispute Resolution

These Terms are governed by the laws of Delaware, USA.

Disputes shall be resolved through binding arbitration under the rules of the American Arbitration Association in New York, NY. Class actions are waived.

Either party may seek equitable relief in court to protect intellectual property.

15. General Provisions

• These Terms and the Privacy Policy constitute the entire agreement.
• Invalid provisions are severed; remaining terms continue in effect.
• Failure to enforce rights does not waive them.
• You may not assign these Terms without Marea’s consent. Marea may assign without restriction.
• Force majeure events excuse performance delays.

16. Contact Information

9546-3105 Quebec Inc. d/b/a Marea

Contact us at: info@usemarea.com

By using the Services, you acknowledge that you have read, understood, and agree to these Terms of Use.