Terms of Service

1. Acceptance of Terms

By creating an account, subscribing to any service tier, accessing the Quark website, using any API endpoint, or receiving any signal data or report, you agree to these Terms. If you do not agree to all of these Terms, you must not access or use the platform.

If you are entering into these Terms on behalf of a company, fund, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms, in which case “you” and “your” refer to that entity.

We reserve the right to refuse service to anyone for any reason at any time.

2. Service Description

Quark is a quantitative trading signal platform that provides market intelligence through the following products and services:

• Regime Detection Signals — Probabilistic assessments of current market regime states (e.g., bull, bear, crisis, transition) derived from proprietary quantitative models.
• Crash Probability Alerts — Estimated probabilities of significant market dislocations based on proprietary mathematical frameworks.
• Allocation Guidance — Quantitative allocation weightings generated by algorithmic optimization methods. These are model outputs, not personalized recommendations.
• Research Reports — Periodic market intelligence reports containing quantitative analysis, signal summaries, and model commentary.
• API Signal Feeds — Programmatic access to signal data via authenticated API endpoints, subject to tier-based rate limits and data scope.

Service Tiers

Quark offers the following subscription tiers, each with defined access levels:

Tier features, pricing, and availability are subject to change. Current tier details are published on the Quark website and take precedence over the summary above in the event of any discrepancy.

4. Intellectual Property

4.1 Proprietary Rights

All Signal Data, research reports, mathematical models, algorithms, methodologies, software, source code, trade secrets, and any other materials provided through the platform (collectively, “Quark IP”) are the exclusive property of Quark and are protected by applicable copyright, trade secret, patent, and other intellectual property laws.

The quantitative models, signal generation methodologies, and analytical frameworks underlying the platform represent substantial proprietary investment by Quark. These methodologies constitute trade secrets of Quark.

4.2 Limited License

Subject to your compliance with these Terms and payment of applicable subscription fees, Quark grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to:

• Access and view Signal Data through the platform interface for your personal or internal business use.
• Access API endpoints in accordance with your subscription tier’s rate limits and data scope.
• Use Signal Data to inform (but not automate without additional licensing) your own investment decision-making process.

This license does not convey any ownership interest in Quark IP.

4.3 Reservation of Rights

All rights not expressly granted in these Terms are reserved by Quark.

5. Prohibited Uses

You agree that you will not, directly or indirectly:

5.1 Reverse Engineering and Methodology Reconstruction

• Reverse-engineer, decompile, disassemble, or otherwise attempt to derive the source code, algorithms, or mathematical models underlying the platform or any Signal Data.
• Conduct systematic analysis of Signal Data patterns, outputs, or correlations with the intent to reconstruct, approximate, or replicate Quark’s proprietary methodologies.
• Use machine learning, statistical inference, or any other analytical technique on Signal Data to extract, infer, or reconstruct Quark’s signal generation processes.

5.2 Redistribution and Resale

• Redistribute, resell, sublicense, publish, broadcast, or otherwise make Signal Data available to any third party, whether for compensation or otherwise.
• Share, transfer, or disclose your API keys, access credentials, or account access with any other person or entity.
• Publish, post, or publicly disclose specific Signal Data values, signals, or model outputs on any website, social media platform, forum, or other public channel.
• Create derivative products or services based on Signal Data.

5.3 Technical Violations

• Use automated scraping, crawling, or harvesting tools to collect Signal Data beyond what is provided through authorized API access.
• Circumvent, disable, or interfere with any security, authentication, or access-control features of the platform.
• Exceed the rate limits or data scope associated with your subscription tier.
• Access or attempt to access any API endpoint, data, or functionality not included in your subscription tier.
• Interfere with or disrupt the platform’s infrastructure, servers, or networks.

5.4 Other Prohibited Conduct

• Use the platform for any unlawful purpose or in violation of any applicable law or regulation.
• Misrepresent your identity, affiliation, or the nature of your use of Signal Data.
• Use Signal Data to engage in market manipulation, insider trading, or any other illegal trading activity.

6. Breach and Remedies

6.1 Immediate Termination

Any violation of Section 4 (Intellectual Property) or Section 5 (Prohibited Uses) constitutes a material breach of these Terms and will result in immediate termination of your subscription and access to the platform, without refund of any prepaid fees.

6.2 Liquidated Damages

The parties acknowledge that Quark’s proprietary methodologies and Signal Data represent significant intellectual property whose misappropriation would cause substantial harm that is difficult to quantify precisely. Accordingly, the parties agree to the following liquidated damages, which represent a reasonable estimate of the harm caused by a breach:

• Individual Tiers (Observer, Analyst, Strategist, Quant): $50,000 per breach.
• Institutional and Enterprise Tiers: $500,000 per breach.

Each distinct act of unauthorized redistribution, reverse engineering, or other prohibited use constitutes a separate breach. These liquidated damages are in addition to, and not in lieu of, any injunctive relief or other equitable remedy available to Quark.

6.3 Injunctive Relief

You acknowledge that any breach of Section 4 or Section 5 would cause irreparable harm to Quark for which monetary damages alone would be insufficient. Accordingly, Quark is entitled to seek injunctive relief, specific performance, or other equitable remedies in any court of competent jurisdiction, without the requirement of posting a bond or proving actual damages.

6.4 Recovery of Costs

In the event of a breach, you agree to pay all reasonable attorneys’ fees, court costs, and other expenses incurred by Quark in enforcing these Terms.

7. Subscription and Billing

7.1 Subscription Terms

Subscriptions are billed on a recurring monthly basis. By subscribing, you authorize Quark to charge your designated payment method at the then-current subscription rate for your tier on each monthly billing date.

7.2 Payment Processing

All payments are processed through Stripe, Inc. (“Stripe”). By subscribing, you also agree to Stripe’s Terms of Service and Privacy Policy. Quark does not directly store your credit card number or banking details.

7.3 Price Changes

Quark reserves the right to modify subscription pricing at any time. Price changes will take effect at the start of your next billing cycle following at least thirty (30) days’ advance notice. Continued use of the platform after a price change constitutes acceptance of the new pricing.

7.4 Cancellation

You may cancel your subscription at any time through your account settings or by contacting support. Cancellation takes effect at the end of the current billing period. You will retain access to your subscribed tier through the end of the period for which you have already paid.

7.5 No Refunds

All fees are non-refundable. No refunds or credits will be issued for partial billing periods, unused access, downgraded tiers, or periods of non-use. Quark may, at its sole discretion, offer prorated credits in exceptional circumstances, but is under no obligation to do so.

7.6 Failed Payments

If a payment fails, Quark may reattempt the charge and/or suspend access to the platform until payment is successfully processed. Continued failure to pay may result in account termination.

9. Indemnification

You agree to indemnify, defend, and hold harmless Quark, its members, managers, officers, employees, agents, and affiliates from and against any and all claims, actions, demands, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to:

• Your use of the platform or any Signal Data.
• Any investment decision or trading activity you undertake based in whole or in part on Signal Data.
• Your violation of these Terms.
• Your violation of any applicable law, regulation, or third-party right.
• Any claim by a third party arising from your redistribution, disclosure, or misuse of Signal Data.

This indemnification obligation shall survive termination of your subscription and these Terms.

10. Data Privacy

10.1 Information We Collect

Quark collects the following information in connection with your subscription:

• Account Information: Email address, name, and account credentials.
• Billing Information: Payment method details are collected and processed by Stripe. Quark does not directly store full credit card numbers or bank account details.
• Usage Data: API access logs, login timestamps, feature usage patterns, and IP addresses for security and service improvement purposes.

10.2 Information We Do Not Collect

Quark does not collect, access, or store:

• Your brokerage or trading account information.
• Your portfolio holdings or positions.
• Your trading history or transaction records.
• Your financial statements or personal financial data beyond what is needed for billing.

10.3 How We Use Your Information

We use collected information to:

• Provide and maintain the platform and your subscription.
• Process payments and manage billing.
• Communicate service updates, security notices, and material changes to these Terms.
• Monitor and enforce compliance with these Terms, including rate limits and prohibited uses.
• Improve the platform and develop new features.

10.4 Data Sharing

Quark does not sell your personal information to third parties. We may share information with:

• Stripe for payment processing.
• Service providers who assist in platform operations, subject to confidentiality obligations.
• Law enforcement or regulatory bodies when required by applicable law, subpoena, or court order.

10.5 Data Security

Quark employs commercially reasonable technical and organizational security measures to protect your information. However, no method of electronic transmission or storage is completely secure, and Quark cannot guarantee absolute security.

10.6 Data Retention

We retain your account information for the duration of your subscription and for a reasonable period thereafter for legal and operational purposes. You may request deletion of your account data by contacting support, subject to any legal retention requirements.

For full details, see our Privacy Policy.

11. Modifications to Terms

Quark reserves the right to modify these Terms at any time. We will provide at least thirty (30) days’ advance notice of material changes by email to the address associated with your account and/or by posting a notice on the platform.

Your continued use of the platform after the effective date of any modified Terms constitutes your acceptance of the changes. If you do not agree to the modified Terms, you must cancel your subscription and cease using the platform before the effective date of the changes.

12. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of laws provisions. You agree that the federal and state courts located in the State of Delaware shall have jurisdiction over any matters not subject to arbitration under Section 13.

13. Dispute Resolution

13.1 Informal Resolution

Before initiating any formal dispute resolution proceeding, you agree to first contact Quark and attempt to resolve the dispute informally for at least thirty (30) days. Informal dispute resolution efforts shall be initiated by sending written notice to Quark at the contact information provided on the platform.

13.2 Binding Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, that is not resolved through informal resolution shall be determined by binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules then in effect.

The arbitration shall be conducted by a single arbitrator. The arbitration shall be held in Wilmington, Delaware, or at such other location as the parties may mutually agree, or by videoconference if agreed by both parties. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

13.3 Class Action Waiver

YOU AND QUARK AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, REPRESENTATIVE ACTION, OR PRIVATE ATTORNEY GENERAL ACTION. Unless both parties agree otherwise in writing, the arbitrator may not consolidate more than one person’s claims and may not preside over any form of representative or class proceeding.

13.4 Exceptions to Arbitration

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights. The provisions of Section 6.3 (Injunctive Relief) are not subject to arbitration.

13.5 Arbitration Fees

Each party shall bear its own costs of arbitration, including attorneys’ fees, except that the prevailing party in any arbitration shall be entitled to recover its reasonable attorneys’ fees and costs from the non-prevailing party.

14. General Provisions

14.1 Entire Agreement

These Terms, together with any applicable subscription agreement or order form, constitute the entire agreement between you and Quark regarding your use of the platform and supersede all prior or contemporaneous agreements, representations, warranties, and understandings.

14.2 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its original intent.

14.3 Waiver

The failure of Quark to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. Any waiver of any provision of these Terms shall be effective only if in writing and signed by Quark.

14.4 Assignment

You may not assign or transfer these Terms or your subscription without the prior written consent of Quark. Quark may assign these Terms without restriction, including in connection with a merger, acquisition, or sale of assets.

14.5 Force Majeure

Quark shall not be liable for any delay or failure in performance resulting from causes beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, pandemic, government action, power failures, internet or telecommunications failures, or failures of third-party data providers.

14.6 Notices

Quark may provide notices to you via email to the address associated with your account, through the platform interface, or by posting on the website. Notices from you to Quark must be sent to the contact information published on the platform.

14.7 No Third-Party Beneficiaries

These Terms do not confer any rights or remedies on any third party.

14.8 Survival

Sections 3 (Not Investment Advice), 4 (Intellectual Property), 5 (Prohibited Uses), 6 (Breach and Remedies), 8 (Limitation of Liability), 9 (Indemnification), 12 (Governing Law), and 13 (Dispute Resolution) shall survive the termination or expiration of these Terms.

15. Contact Information

For questions about these Terms, contact:

Quark LLC
Email: contact@quarkresearch.cc
Website: https://quarkresearch.cc