Terms of Service

Last updated: September 3, 2025

The following terms of use (the "Terms of Use") govern your access to and use of: (a) our website located at mbic.us (the "MBIC Website"); (b) any mobile device software provided by us to you (the "MBIC Application"); (c) MBIC's consulting services, analytics platforms, and application interfaces (the "MBIC Services"); (d) any text, pictures, media, data, information and other materials or content (collectively, the "Content") contained on or provided through the foregoing (a) to (c); and (e) all other Content, products or services provided by us to you, as more particularly described on the MBIC Website and the MBIC Application. The MBIC Website, MBIC Application, MBIC Services and Content are collectively referred to as the "MBIC Solution".

These Terms of Use form an agreement between MBIC LLC ("MBIC", "us", "we", "our") and you. The term "you" or "User" refers to the person or entity browsing, installing, downloading, accessing or otherwise using the MBIC Solution ("use" or "using" in these Terms of Use will mean any of the foregoing).

BY USING THE MBIC SOLUTION IN ANY WAY, INCLUDING PURCHASING ANY SERVICES WE PROVIDE (THE "SERVICES"), YOU: (A) REPRESENT AND WARRANT THAT (I) YOU HAVE REACHED THE AGE OF MAJORITY IN YOUR JURISDICTION, (II) YOU HAVE THE CAPACITY TO ENTER INTO BINDING OBLIGATIONS, AND (III) ALL INFORMATION SUPPLIED BY YOU TO US THROUGH THE MBIC SOLUTION IS TRUE, ACCURATE, CURRENT, AND COMPLETE; AND (B) AGREE TO BE BOUND BY AND COMPLY WITH THESE TERMS OF USE, AS UPDATED FROM TIME TO TIME IN ACCORDANCE WITH SECTION 1.

IF YOU ARE USING THE MBIC SOLUTION ON BEHALF OF ANOTHER PERSON OR A CORPORATE ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND SUCH PERSON OR ENTITY TO THESE TERMS OF USE.

YOU MAY NOT ACCESS THE MBIC SOLUTION FOR PURPOSES OF MONITORING AVAILABILITY, PERFORMANCE OR FUNCTIONALITY, OR FOR ANY OTHER BENCHMARKING OR COMPETITIVE PURPOSES.

MBIC'S DIRECT COMPETITORS ARE PROHIBITED FROM ACCESSING THE MBIC SOLUTION, EXCEPT WITH MBIC'S PRIOR WRITTEN CONSENT.

This Agreement does not alter in any way the terms or conditions of any other agreement you may have with us in respect of any Services, products, applications or otherwise, including any Service Agreement (defined in Section 5 below) you enter with us.

1. Changes to these Terms of Use and the MBIC Solution

Except where prohibited by applicable law, we reserve the right to change any element of these Terms of Use at any time. When we change these Terms of Use, we will: (i) place a notice on the MBIC Website and MBIC Application, send you an email, and/or notify you by some other means as required by applicable law; (ii) post a new version to the MBIC Website and MBIC Application; and (iii) update the "Last Updated" date at the top of these Terms of Use. We may require you to provide consent to the updated Terms of Use in a specified manner before further use of the MBIC Solution is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you will stop using the MBIC Solution. Otherwise, your continued access to or use of the MBIC Solution after any changes to these Terms of Use indicates your acceptance of such changes.

Except where prohibited by applicable law, we reserve the right to change any element of the MBIC Solution at any time, without notice. We may, at our discretion, suspend your access to or use of the MBIC Solution or any component thereof: (i) for scheduled maintenance; (ii) due to a force majeure event; (iii) if you are delinquent in your payment of fees to MBIC under any agreement; (iv) if MBIC believes in good faith that you have violated any provision of these Terms of Use, the Usage Policy or any other responsible use guidelines we provide to you or are posted on the MBIC Website; (v) to address any emergency security concerns; or (vi) if required to do so by a regulatory body or as a result of a change in applicable law.

You may need to update third-party software from time to time in order to use the MBIC Solution.

MBIC may engage third parties, including cloud service providers, to provide the MBIC Solution or the Services.

By agreeing to these Terms of Use, you hereby acknowledge and agree that you have read and agree to be bound by the Usage Policy, available at https://mbic.us/usage-policy.html.

2. User Account

To access certain features of the MBIC Solution, you may be required to successfully sign up for a user account using the available interfaces of the services, and select a username and password login credentials (the "User ID").

If you select a User ID, you will keep your User ID secure and will not grant access to or otherwise share your User ID with any other person.

You must provide us with true, accurate, current and complete information for your User ID. If we believe or suspect that your information is not true, accurate, current or complete, we may deny or terminate your access to the MBIC Solution.

We reserve the right to disable any User ID issued to you at any time in our sole discretion. If we disable access to a User ID issued to you, you may be prevented from accessing the MBIC Solution (or any portion thereof).

MBIC is entitled to act on instructions received through your account. MBIC is not responsible for any actions taken or transactions made to or from your account by any other party using your User ID. You are solely responsible for any and all use of your User ID and all purchases and activities that occur under or in connection with the User ID. Without limiting any rights which we may otherwise have, we reserve the right to take any and all action, as we deem necessary or reasonable, to ensure the security of the MBIC Solution and your account, including without limitation terminating your account, changing your password, or requesting additional information to authorize transactions on your account. You agree to be responsible for any act or omission of any users that access the MBIC Solution under your User ID that, if undertaken by you, would be deemed a violation of these Terms of Use.

3. Electronic Communications

When you use or view the MBIC Solution or send e-mails, texts or other electronic messages to us, you are communicating with us electronically and you consent to receive communications from us electronically. We will communicate with you by e-mail, by text message or by posting notices on the MBIC Solution. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

By creating an account to access the MBIC Solution, you acknowledge that MBIC will send you service-related e-mails relating to your account, including service updates. Your consent to receive communications and do business electronically, and our agreement to do so, applies to all of your interactions and transactions with us. You may withdraw your consent to receive communications electronically by contacting us in the manner described below. If you withdraw your consent (excluding consent to receive marketing communications), from that time forward, you must stop using the MBIC Solution.

If you are a member of our mailing list you will also receive email communications from us regarding our products, services and initiatives. If you do not wish to receive these communications, you can unsubscribe from such promotional e-mails at any time by clicking on the unsubscribe link in any of our e-mail communications. Users who unsubscribe from receiving such promotional communications may continue to receive certain transactional and/or account-related communications.

4. Client Data and Privacy

YOU RETAIN ALL OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS IN AND TO ANY DATA, INFORMATION, CONTENT, RECORDS OR FILES THAT YOU PROVIDE TO MBIC ("CLIENT DATA"). YOU GRANT MBIC A LIMITED, NON-EXCLUSIVE, ROYALTY-FREE LICENSE TO ACCESS, USE, PROCESS, AND ANALYZE CLIENT DATA SOLELY TO: (I) PROVIDE THE SERVICES; (II) FULFILL OUR OBLIGATIONS UNDER ANY SERVICE AGREEMENT; AND (III) IMPROVE OUR SERVICES THROUGH AGGREGATED, DE-IDENTIFIED ANALYSIS THAT DOES NOT REVEAL YOUR SPECIFIC INFORMATION.

MBIC WILL NOT SHARE, SELL, OR DISTRIBUTE YOUR CLIENT DATA TO THIRD PARTIES WITHOUT YOUR EXPRESS CONSENT, EXCEPT AS REQUIRED BY LAW OR AS NECESSARY TO PROVIDE THE CONTRACTED SERVICES (SUCH AS DEPLOYING SOLUTIONS ON YOUR CHOSEN CLOUD INFRASTRUCTURE).

Please review our current Privacy Policy, available at mbic.us/privacy, which contains important information about our practices in collecting, storing, using and disclosing information about identifiable individuals ("Personal Information") and which is hereby incorporated into and forms a part of these Terms of Use.

5. Service Agreements

These Terms of Use will govern any consulting engagement you enter into with MBIC. We will confirm your request by sending an email to the email address you have provided. For comprehensive consulting projects, we will provide a detailed service agreement (the "Service Agreement") for your acceptance. No project will be considered accepted by MBIC until the applicable Service Agreement has been executed and any required deposits have been received.

6. Payment

Payment terms will be specified in your Service Agreement. You will need to provide MBIC with the information necessary to process payment from you. By submitting your payment information to us, you authorize us to charge the applicable payment method according to the agreed payment schedule. You represent and warrant that you will not use any payment method unless you have all necessary authorization to do so.

7. Pricing and Services

Service options and pricing displayed on the MBIC Solution may be updated and are subject to change. Except where otherwise indicated, all prices do not include any applicable sales taxes, which will be added to your total project cost. You are responsible for the payment of any provincial, state, and local sales or use taxes that may apply to your Service Agreement.

8. Ownership of the MBIC Solution

All right, title and interest, including intellectual property rights, in the MBIC Solution, the source code in the software we use to provide the MBIC Solution (the "Software") and all other materials provided by us hereunder, and any updates, adaptation, translation, customization or derivative works thereof, will remain the sole property of MBIC (or our third-party suppliers, if applicable).

The MBIC Solution and all materials provided by us hereunder are made available or licensed and not "sold" to you.

"MBIC" is the trade name and mark of MBIC LLC. Any trademarks, graphics or logos appearing in or on the MBIC Solution are the exclusive property of MBIC (or its third-party suppliers) and may not be used in any manner without our express written consent.

All rights not expressly granted to you in these Terms of Use are reserved by MBIC.

9. License to the MBIC Solution

Subject to these Terms of Use, we grant you a non-exclusive, non-transferable, non-sublicensable and revocable license to use the MBIC Solution in accordance with these Terms of Use.

10. Your Responsibilities

You agree to:

  • Use reasonable efforts to prevent unauthorized access to or use of the MBIC Solution
  • Keep your User IDs and all other login information confidential
  • Not register for more than one account, register for an account on behalf of an individual other than yourself without such individual's authorization, or register for an account on behalf of any group or entity
  • Monitor and control all activity conducted through your account in connection with the MBIC Solution
  • Upload and share only data to which you own all required rights under law and do so only consistent with applicable law
  • Promptly notify us if you become aware or reasonably suspect any illegal or unauthorized activity or a security breach involving your account
  • Comply with all applicable laws and regulations, including, but not limited to, all intellectual property, data and privacy laws

11. No Unlawful or Prohibited Use

You will not use the MBIC Solution in violation of these Terms of Use, any applicable Service Agreement, the Usage Policy, or any applicable law. You acknowledge and agree that the MBIC Solution has been designed for business use and you represent and warrant to and covenant with MBIC that you will not use the MBIC Solution for personal, family or household purposes unless specifically agreed in writing.

12. Disclaimer

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE, UNDERSTAND, AND AGREE THAT THE MBIC SOLUTION AND THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO THE MBIC SOLUTION AND THE SERVICES, WHETHER EXPRESS, IMPLIED, STATUTORY OR COLLATERAL, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES AND CONDITIONS OF MERCHANTABILITY, QUALITY, DURABILITY, COMPATIBILITY, TITLE, SECURITY, RELIABILITY, COMPLETENESS, QUIET ENJOYMENT, ACCURACY, CURRENCY, TIMELINESS, INTEGRATION, FITNESS FOR A PARTICULAR OR GENERAL PURPOSE AND NON-INFRINGEMENT.

13. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE OR OUR AFFILIATES AND OUR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, AND SERVICE PROVIDERS (COLLECTIVELY, THE "MBIC PARTIES"), BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR LOST PROFITS, LOSS OF USE, LOSS OF DATA, PERSONAL INJURY, FINES, FEES, PENALTIES OR OTHER LIABILITIES, WHETHER OR NOT WE WERE ADVISED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL OUR TOTAL AGGREGATE LIABILITY IN CONNECTION WITH OR UNDER THESE TERMS OF USE, OR YOUR USE OF, OR INABILITY TO MAKE USE OF, THE MBIC SOLUTION, EXCEED $1,000 USD.

14. Contact

If you have any questions or comments regarding these Terms of Use, please contact us at: