Version 2 · Effective: April 27, 2026 · Published: April 27, 2026
Malcolm
By accessing or using the Malcolm platform and services ("Services") provided by Malcolm Inc., a Delaware corporation ("we," "our," or "us"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree, do not use our Services.
These Terms constitute a legally binding agreement between you (either an individual or entity, "you", "your", or "Customer") and Malcolm Inc. If you are entering into these Terms on behalf of a company, fund, or other legal entity, you represent that you have the authority to bind such entity to these Terms.
Malcolm provides an AI-powered investment management platform designed exclusively for venture capital firms, private equity funds, family offices, and investment professionals. Our Services include, but are not limited to:
Dealflow automation and screening
Portfolio management and reporting tools
LP and fund management features
AI-powered meeting briefs and intelligence
Third-party integrations with email, calendar, and document services
Our Services are strictly intended for B2B use by:
Licensed investment professionals and their authorized representatives.
Registered investment funds and their employees.
Individuals aged 18 or older with authority to bind their organization.
Export Controls: As a US-based entity, our Services are subject to US export control and economic sanctions laws. By using the Services, you represent and warrant that you are not located in, under the control of, or a national/resident of any restricted country (e.g., comprehensively sanctioned jurisdictions) or on any US Government list of prohibited or restricted parties (such as the Treasury Department's Specially Designated Nationals List).
To use our Services, you must:
Create an account with accurate and complete corporate and personal information.
Maintain the security and confidentiality of your account credentials.
Promptly notify us of any unauthorized access or suspected security breaches.
Accept full responsibility for all activities that occur under your account.
Access to our Services requires a paid subscription. Your subscription includes a predefined base allocation of AI compute, storage, and platform features, as specified in your applicable Order Form or on our website. We reserve the right to modify pricing upon reasonable advance notice.
Due to the variable cost of artificial intelligence compute, your base subscription is subject to hard usage limits. If your account reaches these limits, access to certain AI-intensive features will be temporarily paused until your next billing cycle.
To prevent service interruption, Account Administrators may explicitly opt-in to usage-based billing ("Overage") for additional Large Language Model (LLM) spend. By opting into Overage, you agree to pay for all compute consumed beyond your base allocation at the then-current rates displayed in your account dashboard. You are solely responsible for monitoring your account's usage and Overage spend.
Depending on your Order Form, you may pay via the following methods:
Credit Card (e.g., Stripe): If you provide a credit card, you authorize us (or our third-party payment processor) to automatically charge your card for your base subscription fees at the start of each billing cycle, and for any accrued Overage fees at the end of each billing month.
Invoicing: For eligible accounts paying via manual invoice, fees are due exactly thirty (30) days from the invoice date (Net 30), payable via wire transfer, ACH, or other mutually agreed methods.
All fees are non-refundable, except as expressly provided in these Terms. Any undisputed fees not paid when due shall accrue interest at a rate of 1.5% per month, or the maximum rate permitted by law, whichever is lower. We reserve the right to temporarily suspend your access to the Services if any payment is more than fifteen (15) days past due.
All fees are exclusive of any applicable sales, use, value-added (VAT), or other taxes. You are responsible for paying all applicable taxes associated with your use of the Services, excluding taxes based on our net income.
6.1 Acceptable Use Policy Your access to and use of the Services is strictly subject to our Acceptable Use Policy ("AUP"), located at https://admin.aimalcolm.com/legal/acceptable-use/, which is hereby incorporated by reference into these Terms. You are responsible for ensuring that all users within your organization, including any invited LP portal users, comply fully with the AUP.
6.2 Core Prohibitions Without limiting the generality of the AUP, you explicitly agree NOT to:
Use the Services for any unlawful purpose or to violate any applicable financial regulations (including SEC or FCA rules).
Attempt to reverse engineer, decompile, or disassemble the Services or the underlying artificial intelligence models.
Use the Services (or any AI-generated outputs) to train, develop, or improve a competing artificial intelligence model or software product.
Attempt to gain unauthorized access to our systems, bypass any security measures, or transmit viruses, malware, or harmful code.
Use automated tools to scrape, extract, or mine data from the Services without our express written permission.
6.3 Rate Limits and Fair Use Your use of AI-powered features is subject to fair use limits. We reserve the right to throttle, suspend, or limit your access to the Services, or charge overage fees, if your usage significantly exceeds the average usage of other similarly situated customers, or if it threatens the stability, performance, or security of our infrastructure.
Our Services integrate with third-party platforms (e.g., Google Workspace, Microsoft 365, Notion, Slack). By connecting these services, you:
Authorize us to access and process data from these platforms as described in our Privacy Policy.
Agree to be bound by the respective third-party terms of service.
Acknowledge that Malcolm Inc. is not responsible for the availability, security, or performance of any third-party service or API.
Malcolm Inc. retains all right, title, and interest (including all copyright, trademark, patent, and other intellectual property rights) in and to the Services, the underlying AI models, algorithms, software, and any aggregated/anonymized usage data.
You retain all ownership rights to the proprietary fund data, portfolios, and information you upload to the Services ("Customer Data"). You grant us a limited, worldwide, non-exclusive license to host, copy, transmit, and process Customer Data solely as necessary to provide the Services to you and in accordance with our Data Processing Addendum ("DPA"), which is hereby incorporated by reference into these Terms.
Each party agrees to protect the other party's confidential information with the same degree of care it uses to protect its own, but no less than reasonable care. Confidential information shall not be disclosed to any third party without the disclosing party's prior written consent, except as required by law.
If you or your users provide any suggestions, enhancement requests, recommendations, or other feedback regarding the Services ("Feedback"), you hereby grant Malcolm Inc. a royalty-free, worldwide, irrevocable, perpetual license to use, incorporate, and commercially exploit such Feedback without any obligation or compensation to you.
Our Services utilize artificial intelligence to generate content, including meeting briefs, deal analysis, and summaries. You explicitly acknowledge and agree that:
No Financial Advice: Malcolm Inc. is a technology provider, not a registered investment advisor, broker-dealer, or fiduciary. The Services do not constitute investment, legal, tax, or financial advice.
Accuracy: AI outputs are probabilistic and may contain errors, omissions, or "hallucinations."
Human Verification: You are solely responsible for independently verifying all AI-generated information, analysis, and calculations before relying upon them to make investment or business decisions.
No AI Model Training: Malcolm Inc. uses Customer Data strictly to provide the Services to your specific instance. We will not use your proprietary Customer Data to train, retrain, or improve our foundational artificial intelligence models or algorithms across our broader customer base without obtaining your prior, explicit written consent.
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND.
To the fullest extent permitted by law, Malcolm Inc. disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Services will be uninterrupted, error-free, completely secure, or that the AI outputs will be entirely accurate or reliable.
Service Availability: While we strive for high availability, Malcolm Inc. does not guarantee any specific uptime or service levels unless explicitly agreed upon in a separate, mutually executed Service Level Agreement ("SLA"). We reserve the right to temporarily suspend access to the Services for scheduled maintenance, security upgrades, or emergency repairs.
Beta Services: From time to time, we may invite you to try pre-release, experimental, or beta features ("Beta Services"). Beta Services are provided strictly for evaluation purposes, are not guaranteed to be fully functional, and may contain bugs, errors, or AI hallucinations. All Beta Services are provided "AS IS" and "AS AVAILABLE" without any warranties, commitments, or SLAs of any kind. Malcolm Inc. shall have no liability whatsoever arising out of or related to your use of Beta Services.
If the Services materially fail to conform to the functionality described in our documentation, or if we breach any material obligation under these Terms, your sole and exclusive remedy, and Malcolm Inc.’s entire liability, shall be for Malcolm Inc. to use commercially reasonable efforts to correct the non-conformity. If we are unable to correct the non-conformity within a reasonable period, you may terminate your subscription without penalty, and we will refund a prorated portion of any prepaid fees for the remainder of your current subscription term.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MALCOLM INC., ITS DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, RELIANCE, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF INVESTMENT OPPORTUNITIES, BUSINESS INTERRUPTION, OR REPUTATIONAL HARM, ARISING OUT OF OR RELATING TO THESE TERMS OR THE USE OF THE SERVICES. THIS EXCLUSION APPLIES REGARDLESS OF THE LEGAL THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE), AND EVEN IF MALCOLM INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MALCOLM INC.'S TOTAL, CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNTS ACTUALLY PAID BY YOU TO MALCOLM INC. DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE FIRST CLAIM. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.
THE PARTIES AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY SET FORTH IN THIS SECTION 11 ALLOCATE THE RISKS BETWEEN THE PARTIES AND FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND MALCOLM INC. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
You agree to indemnify, defend, and hold harmless Malcolm Inc. and its officers, directors, employees, and agents from any and all claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to:
Your violation of these Terms.
Your use of the Services to make investment decisions.
Any claim that your Customer Data infringes the intellectual property or privacy rights of a third party.
By You: You may terminate your account at any time through your account settings or by providing written notice.
By Us: We may suspend or terminate your access immediately if you breach these Terms, fail to pay applicable fees, or engage in activity that harms our systems or other users.
Effect of Termination: Upon termination, your right to access the Services ceases. We will delete or anonymize your Customer Data in accordance with our data retention policies and applicable law. Sections 8, 9, 10, 11, 12, and 15 shall survive termination.
Neither party shall be liable for any failure or delay in performing its obligations under these Terms (other than payment obligations) where such failure or delay results from a Force Majeure Event, provided that the affected party promptly notifies the other party and uses commercially reasonable efforts to mitigate the impact.
"Force Majeure Event" means any event beyond a party's reasonable control, including:
Natural disasters, pandemics, or government-mandated health measures.
War, terrorism, or civil disturbance.
Government sanctions, regulatory changes, or court orders.
Widespread telecommunications or internet backbone failures.
Material outages of cloud infrastructure providers (e.g., AWS) or API changes by third-party AI providers that prevent delivery of the Services.
Cyber operations or zero-day exploits beyond what can reasonably be prevented by industry-standard security controls.
Governing Law and Arbitration: These Terms shall be governed by the laws of the State of Delaware. Any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, or interpretation thereof, shall be determined by final and binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules, rather than in court. The arbitration shall take place in Delaware or via video conference.
Class Action Waiver: You and Malcolm Inc. agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.
Time Limitation on Claims: You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or these Terms must be filed within one (1) year after such claim or cause of action arose, or it shall be forever barred.
We reserve the right to modify these Terms at any time. We will provide reasonable notice of material changes via email or an in-platform notification. Your continued use of the Services following such notice constitutes your acceptance of the updated Terms.
Entire Agreement: These Terms, together with any applicable Order Form and our Privacy Policy/DPA, constitute the entire agreement between the parties.
Severability: If any provision is held invalid or unenforceable, the remaining provisions will remain in full force and effect.
Waiver: The failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
Assignment: You may not assign these Terms without our prior written consent. We may assign these Terms without restriction in connection with a merger, acquisition, or sale of assets.
Publicity: You grant Malcolm Inc. the right to use your company or fund name and logo as a reference for marketing or promotional purposes on our website and in other public or private communications. If you wish to opt out of this, you must email legal@aimalcolm.com.
For legal notices or questions regarding these Terms, please contact us at:
Legal Inquiries: legal@aimalcolm.com
Data Protection Inquiries: data@aimalcolm.com
Mailing Address: Malcolm Inc., 16192 Coastal Hwy. Lewes, DE 19958