Draft

Last Updated: March 5, 2026

Terms of Service

This document has not yet been reviewed by legal counsel and is not final.

These Terms of Service (“Terms”) govern your access to and use of the Malleus platform and related services (the “Platform”) provided by Malleus (operating as a sole proprietorship under the trade name “Malleus,” doing business as Spooky Industries) (“Malleus,” “we,” “us,” or “our”). By accessing or using the Platform, you agree to be bound by these Terms.

IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE PLATFORM.

1. Acceptance of Terms

1.1 — By creating an account, you represent that you are at least 18 years old and have legal authority to bind the organization on whose behalf you are acting.

1.2 — If you have a separate Service Agreement with Malleus, these Terms supplement that agreement. The Service Agreement controls in case of conflict.

2. Accounts and Access

2.1 — You are responsible for maintaining the confidentiality of your account credentials.

2.2 — You agree to:

Provide accurate registration information
Maintain your account information
Notify us of unauthorized use
Not share credentials

2.3 — Malleus reserves the right to suspend or terminate accounts that violate these Terms, pose security risks, or are associated with fraudulent activity.

2.4 — You are responsible for ensuring all users within your organization comply with these Terms.

3. Acceptable Use

You agree to use the Platform only for lawful business purposes. You agree not to:

Use the Platform for any unlawful purpose
Upload viruses, malware, or other harmful code
Attempt to gain unauthorized access to the Platform
Interfere with the Platform’s integrity or performance
Reverse engineer or decompile any portion of the Platform
Infringe on intellectual property or privacy rights of others
Resell or sublicense the Platform without consent
Send spam or collect Personal Information without consent
Use automated bots or scrapers
Remove proprietary notices
Use AI Features to generate misleading, fraudulent, or harmful content

4. AI Features

4.1 — AI Acceptable Use:

Review and validate all AI Outputs before relying on them
Maintain human oversight
Do not use AI Features for illegal or discriminatory purposes
Do not attempt to extract underlying AI models

4.2 — AI Disclaimers:

AI FEATURES ARE PROVIDED “AS IS.” AI OUTPUTS MAY CONTAIN ERRORS. MALLEUS DOES NOT WARRANT ACCURACY. AI OUTPUTS ARE NOT SUBSTITUTES FOR PROFESSIONAL JUDGMENT. YOU ARE SOLELY RESPONSIBLE FOR DECISIONS BASED ON AI OUTPUTS.

5. Intellectual Property

5.1 — The Platform is owned by Malleus and protected by intellectual property laws.

5.2 — These Terms grant only a limited right to access and use the Platform.

5.3 — “Malleus” and related logos are trademarks of Malleus.

6. DMCA Notice Procedure

Submit copyright infringement notices to:

Malleus — DMCA Agent
jake@getmalleus.com

Malleus terminates accounts of repeat infringers.

7. Availability and Support

7.1 — We use commercially reasonable efforts to maintain availability but do not guarantee uninterrupted operation.

7.2 — Scheduled maintenance will be communicated in advance when practicable.

7.3 — Support available Monday–Friday, 9AM–5PM Central Time via email.

8. Disclaimers

THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND. MALLEUS DOES NOT WARRANT THAT THE PLATFORM WILL MEET YOUR REQUIREMENTS, OPERATE UNINTERRUPTED, OR BE ERROR-FREE. YOUR USE IS AT YOUR SOLE RISK.

9. Limitation of Liability

MALLEUS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES. TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED THE GREATER OF: (A) FEES PAID IN THE PRECEDING 12 MONTHS; OR (B) $100. THESE LIMITATIONS DO NOT APPLY TO GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.

10. Indemnification

You agree to indemnify and hold harmless Malleus from claims arising from:

Your use of the Platform in violation of these Terms
Violation of law
Data you submit
Your use of AI Features

11. Governing Law and Dispute Resolution

11.1 — Governed by the laws of the State of Tennessee.

11.2 — Informal resolution for 30 days before formal proceedings.

11.3 — Binding arbitration in Memphis, Tennessee per AAA Commercial Arbitration Rules.

11.4 — CLASS ACTION WAIVER: Claims may only be brought individually, not as class actions.

11.5 — Either party may seek injunctive relief; small claims court is permitted.

12. Electronic Communications

By using the Platform, you consent to receive electronic communications from Malleus.

13. Changes to Terms

We will provide at least 30 days’ notice before material changes take effect. Continued use constitutes acceptance.

14. Miscellaneous

14.1 — Severability: Invalid provisions don’t affect remaining terms.

14.2 — Waiver: Failure to enforce is not a waiver.

14.3 — Entire Agreement: These Terms plus Service Agreement, Privacy Policy, and Order Form are the complete agreement.

14.4 — Assignment: You may not assign without consent; Malleus may assign freely.

14.5 — Survival: Intellectual Property, Disclaimers, Limitation of Liability, Indemnification, and Governing Law sections survive termination.

14.6 — Accessibility: Contact jake@getmalleus.com for accessibility issues.

15. Contact

Malleus (Spooky Industries)
Email: jake@getmalleus.com