Terms of Service
1. Agreement to Terms
These Terms of Service ("Terms") form a binding agreement between you ("you," "your," or "User") and Bimini One, Inc., a Delaware corporation ("Bimini," "we," "us," or "our"), governing your access to and use of the website located at bimini.one (the "Site"), the Bimini Sonar™ and Carmen products, the Bimini intelligence platform, any associated portals, applications, content, data, and outputs (collectively, the "Services").
By accessing or using the Services, by creating an account, by subscribing, or by clicking to accept these Terms, you acknowledge that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy, which is incorporated by reference. If you do not agree, do not access or use the Services.
2. Eligibility
You must be at least 18 years old and have the legal capacity to enter into a binding contract to use the Services. If you use the Services on behalf of an organization (such as a registered investment adviser, family office, broker-dealer, or fund), you represent that you are authorized to bind that organization to these Terms, and "you" refers to both you and that organization. The Services are intended for use by financial professionals and other sophisticated users and are not directed to retail consumers seeking personalized financial advice.
3. Description of the Services
Bimini is a market intelligence company. Its platform analyzes publicly available data and produces forward-looking, probabilistic market assessments. Components of the Services may include, without limitation:
- Bimini Sonar™ — a market intelligence product whose core deliverable is the Intelligence Brief, a forward-looking market assessment (classified as Tailwind, Headwind, or Crosswind) presented with a Chain of Logic reasoning trail.
- Carmen — an in-house financial intelligence AI that powers the Brief and answers questions through Bimini's proprietary analytical lens.
- The Site, dashboards, data displays, and any free or paid tiers, portals, exports, and application programming interfaces (APIs) that Bimini may make available. API access, if and when offered, is additionally governed by Addendum A — API Terms.
The Services produce information and intelligence, not advice. See Section 11 (No Investment, Legal, or Tax Advice; Disclaimers). Bimini may add, modify, suspend, or discontinue any part of the Services at any time, with or without notice.
4. Accounts and Registration
Certain features require an account. You agree to: (a) provide accurate, current, and complete information; (b) keep your credentials confidential; (c) be responsible for all activity under your account; and (d) notify us promptly at info@bimini.one of any unauthorized use. We may suspend or terminate accounts that violate these Terms or that we reasonably believe present a security or legal risk. You may not share, sell, or transfer your account or access credentials, and you may not permit access by more users than your subscription authorizes.
5. Subscriptions, Fees, and Billing
Some Services are offered free of charge and others on a paid subscription basis. The features, limits, and current pricing of each plan are presented at the point of purchase and may change from time to time.
- Fees and billing cycle. Paid subscriptions are billed in advance on a recurring basis (e.g., monthly or annually) as described at purchase. By subscribing, you authorize us and our third-party payment processor to charge your designated payment method on a recurring basis until you cancel.
- Taxes. Fees are exclusive of taxes; you are responsible for applicable taxes.
- Renewals. Subscriptions automatically renew for successive periods unless cancelled before the renewal date.
- Cancellation. You may cancel at any time; cancellation takes effect at the end of the then-current billing period, and you retain access through that period. For annual subscriptions, cancellation stops the subscription from auto-renewing at the next annual renewal date; the current annual term continues through its paid end date and is not refunded or pro-rated for the unused portion. To avoid a renewal charge, cancel before the renewal date. Unless required by law or expressly stated, fees are non-refundable and partial periods are not pro-rated.
- Changes to pricing. We may change fees on prospective notice; changes apply at your next renewal.
- Non-payment. We may suspend or terminate access for failed or overdue payments.
6. License to Use the Services
Subject to these Terms and your payment of applicable fees, Bimini grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services and their outputs for your own internal business or professional purposes. All rights not expressly granted are reserved.
7. Acceptable Use
You agree not to, and not to permit any third party to:
- use the Services in violation of any applicable law, regulation, or third-party right, including securities laws;
- reproduce, redistribute, resell, sublicense, publicly display, or commercially exploit the Services or any outputs except as expressly permitted, or as part of a competing product or service;
- scrape, harvest, crawl, or use automated means to access the Services except as expressly authorized in writing;
- reverse engineer, decompile, disassemble, or attempt to derive the source code, models, methodology ("the Recipe"), Ghost Pattern detection methodology, or underlying data assets of the Services;
- circumvent or attempt to circumvent usage limits, access controls, rate limits, or security measures;
- introduce malware or interfere with or disrupt the integrity or performance of the Services;
- remove, obscure, or alter any proprietary notices, disclaimers, or Chain of Logic / Intelligence Brief footers; or
- use the Services to provide personalized investment advice to third parties in a manner that misrepresents the nature of Bimini's outputs.
8. Intellectual Property
The Services, including all software, models, the Bimini intelligence platform, the Intelligence Refinery, the Bimini Recipe, Ghost Pattern detection methodology, the Bimini Market Substrate, Correlation Models, Intelligence Briefs, Chain of Logic reports, text, graphics, designs, the "Bimini," "Bimini Sonar," and "Carmen" names and logos, and all related intellectual property, are owned by Bimini or its licensors and are protected by intellectual property and other laws. These Terms grant you no ownership interest. "Bimini Sonar™" and other marks are trademarks of Bimini One, Inc.; you may not use them without our prior written consent.
9. User Content and OSINT / Peer-to-Peer Contributions
The Services may permit you to submit information, observations, signals, feedback, or other content ("User Content"), including contributions to Bimini's open-source-intelligence (OSINT) and anonymized peer-to-peer correlation features.
- License to Bimini. You grant Bimini a worldwide, perpetual, irrevocable, royalty-free, sublicensable, and transferable license to use, host, store, reproduce, modify, create derivative works from, and incorporate your User Content into the Services and Bimini's data assets, including in anonymized and aggregated form, for any purpose related to operating and improving the Services.
- Anonymization. Peer-to-peer correlations are designed to be processed and surfaced on an anonymized basis that does not reveal any individual contributor's underlying data. See the Privacy Policy for how contributed information is handled.
- Your responsibility. You represent that you have all rights necessary to submit your User Content, that it does not violate any law or third-party right, and that you will not submit material non-public information (MNPI), confidential information you are not authorized to disclose, or personal data of others without authorization.
- Feedback. Any suggestions or feedback you provide may be used by Bimini without restriction or obligation to you.
10. Third-Party Data, Links, and Services
The Services rely on and may display third-party data, content, and links (including government data, market data, and payment processing). Bimini does not control and is not responsible for third-party content, products, or services, and their inclusion does not imply endorsement. Your use of third-party services is governed by their own terms.
11. No Investment, Legal, or Tax Advice; Disclaimers
This Section is a material part of these Terms. By using the Services, you acknowledge and agree to the following.
The information provided through the Services is for informational and educational purposes only. Bimini analyzes publicly available market data and produces statistical indicators of anomalous market behavior. These indicators are probabilistic in nature, do not identify any person or entity, do not assert or imply unlawful conduct, and should not be interpreted as evidence of material non-public information, insider trading, market manipulation, or any other violation of law.
Nothing contained in the Services constitutes, or should be construed as, investment advice, legal advice, tax advice, accounting advice, or any other professional advice. Nothing in the Services constitutes an offer to sell, a solicitation of an offer to buy, or a recommendation to purchase, sell, or hold any security, commodity, derivative, digital asset, or other financial instrument. Bimini is not an investment adviser, broker-dealer, law firm, or accounting firm, and does not undertake to provide personalized advice or recommendations based on any individual's financial circumstances, objectives, or needs. All content is impersonal, of general and regular circulation, and not tailored to any specific person's investment situation.
Investing in securities and other financial instruments involves substantial risk, including the possible loss of principal. Market conditions may change rapidly, and any strategy, forecast, observation, or market signal discussed through the Services may become inaccurate or irrelevant without notice. Past performance, historical data, prior market observations, and prior model outputs do not guarantee future results. No representation or warranty is made that any strategy, security, product, model output, or market view referenced through the Services will be profitable, suitable for any particular person, or successful under any market conditions.
The content of the Services may be based on sources believed to be reliable; however, Bimini makes no representation or warranty, express or implied, regarding the accuracy, completeness, timeliness, reliability, or adequacy of any information presented. Any data, models, analytics, or outputs may contain errors, omissions, delays, or methodological limitations. All information is provided "as is" and "as available," without warranty of any kind.
You are solely responsible for evaluating the merits and risks associated with any use of the Services. Before making any investment, legal, tax, or financial decision, you should consult your own qualified financial adviser, attorney, accountant, or tax professional regarding your individual circumstances, objectives, and risk tolerance. You should invest only risk capital that you can afford to lose without materially affecting your financial condition or financial stability.
12. Disclaimer of Warranties
TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICES AND ALL OUTPUTS ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. BIMINI DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, ACCURATE, COMPLETE, OR TIMELY, OR THAT ANY OUTPUT WILL BE RELIABLE OR PROFITABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
13. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, BIMINI, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, TRADING LOSSES, LOST OPPORTUNITIES, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO YOUR ACCESS TO, USE OF, OR RELIANCE ON THE SERVICES OR ANY OUTPUTS, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY LAW, BIMINI'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNTS YOU PAID TO BIMINI FOR THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100); PROVIDED THAT, NOTWITHSTANDING THE FOREGOING, BIMINI'S TOTAL AGGREGATE LIABILITY SHALL IN NO EVENT EXCEED ONE THOUSAND U.S. DOLLARS ($1,000). SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
14. Indemnification
You agree to indemnify, defend, and hold harmless Bimini and its affiliates, officers, directors, employees, agents, licensors, and service providers from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Services; (b) your User Content; (c) your violation of these Terms or any applicable law; or (d) your violation of any third-party right.
15. Term and Termination
These Terms apply while you use the Services. We may suspend or terminate your access at any time, with or without cause or notice, including for violation of these Terms. Upon termination, your license ends and you must cease using the Services. Termination of access under this Section does not change the billing, fees, or refund treatment of your subscription, which remains governed by the cancellation and non-refundability provisions of Section 5 (Subscriptions, Fees, and Billing); termination does not entitle you to a refund or pro-ration of fees already paid, except as required by law. Sections that by their nature should survive termination (including Sections 8, 9, 11–14, 16, and 17) will survive.
16. Governing Law and Dispute Resolution
These Terms are governed by the laws of the State of Georgia, without regard to conflict-of-laws principles. Unless otherwise agreed in writing, any dispute arising out of or relating to these Terms or the Services shall be subject to the exclusive jurisdiction and venue of the state courts located in Putnam County, Georgia and the United States District Court for the Middle District of Georgia, and you consent to personal jurisdiction in those courts.
17. Changes to These Terms
We may modify these Terms from time to time. If we make material changes, we will provide notice by reasonable means (such as posting the updated Terms with a new "Last Updated" date or notifying account holders). Your continued use of the Services after the changes take effect constitutes acceptance of the revised Terms.
18. General
- Entire Agreement. These Terms and the Privacy Policy constitute the entire agreement between you and Bimini regarding the Services and supersede all prior agreements on the subject.
- Severability. If any provision is held unenforceable, the remaining provisions remain in effect.
- No Waiver. Our failure to enforce any provision is not a waiver.
- Assignment. You may not assign these Terms without our consent; we may assign them, including in connection with a merger, acquisition, or sale of assets.
- Force Majeure. Bimini is not liable for delays or failures due to causes beyond its reasonable control.
- Relationship. Nothing creates a partnership, agency, fiduciary, or employment relationship between you and Bimini.
19. Contact
Bimini One, Inc.
Email: info@bimini.one
Website: bimini.one
Addendum A — API Terms
This Addendum applies if and when Bimini makes an application programming interface ("API") available to you. It supplements and forms part of these Terms; in the event of a conflict between this Addendum and the main body of these Terms with respect to API access, this Addendum controls. API access may require a separate plan or fees and may be offered on a beta or pre-release basis.
- API keys and credentials. Bimini may issue API keys or credentials. You are responsible for keeping them confidential and for all activity that occurs under them. You may not share, sublicense, or transfer your credentials, and you must notify us promptly at info@bimini.one of any suspected compromise.
- Rate limits and usage limits. Your use of the API is subject to the rate limits, call quotas, and usage limits that Bimini publishes or otherwise communicates. You may not exceed, circumvent, or attempt to circumvent these limits. Bimini may throttle, suspend, or limit API access to protect the security, integrity, or performance of the Services.
- Permitted use and data redistribution. API outputs are licensed for your own internal business or professional use under Section 6 (License to Use the Services). Unless expressly authorized in writing, you may not redistribute, resell, republish, sublicense, syndicate, or otherwise make API outputs available to third parties; cache or store outputs beyond what is reasonably necessary to operate your authorized use; or use the API or its outputs to build, train, or improve any competing product, model, or dataset. Intelligence Briefs, Chain of Logic content, classifications, and detections delivered through the API remain subject to all restrictions in these Terms, including the no-advice and disclaimer provisions of Section 11.
- Attribution. Where you are permitted to display API outputs, you must attribute them to "Bimini" (or "Bimini Sonar™") as Bimini reasonably specifies, and you must not remove, obscure, or alter any attribution, disclaimer, or Chain of Logic / Intelligence Brief footer accompanying the outputs. You may not imply endorsement, partnership, or certification by Bimini without our prior written consent.
- Changes and deprecation. Bimini may modify, version, deprecate, or discontinue the API or any endpoint at any time. We will use commercially reasonable efforts to provide advance notice of material breaking changes where practicable but are not obligated to maintain backward compatibility.
- Suspension. Bimini may suspend or revoke API access for violation of these Terms, for excessive or abusive usage, or to address a security or legal risk.