AI Policies

MARA Cloud Terms of Service

MARA Cloud Privacy Policy

MARA Cloud Terms of Service

This MARA Cloud Terms of Service (this “Agreement”) is entered into by MARA Holdings, Inc., a Nevada corporation, with offices at 1010 S Federal Hwy., Suite 2700, Hallandale Beach, FL 33009 (“MARA,” “us” or “we”), and the entity or person agreeing to these terms (“Customer” or “you”). This Agreement includes any Additional Documents, which are incorporated into and made part of this Agreement, and governs your access to and use of the Service. Your use of the Service constitutes your acceptance of this Agreement and any and all Additional Documents, policies or guidelines that may be provided by us.  This Agreement is effective between you and MARA as of the date of your acceptance (the “Effective Date”).

We may modify this Agreement and/or any Additional Documents, or supplement this Agreement with Additional Documents, from time to time (“Updates”). Such Updates will be effective from the date that such updates are posted by MARA (“Notice”). Upon the effective date in accordance with the foregoing, the Updates will become part of the “Agreement.”  Your continued use of the Service will be your acceptance of any such updated terms.

1. USE OF SERVICE

1.1. Service Provision and Access. Customer and its Users may only use the Services in accordance with this Agreement and any Additional Documents. Any use of the Service by a User must be solely for the benefit of Customer or its User. Notwithstanding the foregoing, for the avoidance of doubt, any use of the Service by a User shall be attributed to Customer for all purposes of this Agreement, and Customer shall be responsible and liable for the compliance with this Agreement by each User. You must implement and use reasonable and appropriate measures to help secure the Service by you and your Users. If you discover any vulnerabilities or breaches, you must promptly inform us and provide us details of such. 

You may use the Services only for lawful purposes and in accordance with this Agreement. We may immediately and without notice to you suspend or restrict access if we determine, at our sole discretion, that your use or your Users’ use violates this Agreement or the Additional Documents, applicable laws or regulations, or poses a security risk.

1.2. Grant of License. Subject to and conditioned upon Customer’s and its Users’ strict compliance with all terms and conditions set forth in this Agreement and the Additional Documents, MARA hereby grants to Customer a non-exclusive, non-transferable, revocable, limited license during the Term to use the Service and to sublicense such license to its authorized Users.

1.3. Third-Party Materials. The Service may include software, models, content, data, or other materials that are owned by persons or entities other than MARA and that are provided to Customer on terms and conditions that are in addition to and/or different from those contained in this Agreement (“Third-Party Terms”). For clarity, MARA does not develop or provide any proprietary generative artificial intelligence models, and all such models provided through the Service are subject to their respective applicable Third-Party Terms. Customer is bound by and shall comply with, and is responsible for ensuring that each User is bound by and complies with, all Third-Party Terms. Any breach by Customer or any of its Users of any Third-Party Terms is also a breach of this Agreement.

1.4. Compliance with Applicable Laws; Personal Data. As a generally available cloud compute service, we will provide the Service in accordance with our obligations under laws applicable to our Service generally, and without regard to your specific and particular use of the Service. If you use the Service to process personal data, or any other specified types of data requiring compliance with any applicable laws or regulations, you represent to us that you have established and maintained any such compliance, and have provided all applicable privacy notices and obtained necessary consents to process such data using the Service, and that you are processing such data using the Service in accordance with all applicable laws, rules and regulations. You understand and agree that we are not responsible or liable for establishing, providing, obtaining, or maintaining any such compliance, notices and/or consents, and that we may not have done so.

1.5. General Restrictions. Customer, including any User, will not (and will not permit any third party to): (a) copy, modify, or create a derivative work of the Service; (b) reverse engineer, disassemble or decompile any Service or otherwise seek to obtain the source code of any software included in the Service (except to the extent such restriction is prohibited by applicable law); (c) sell, resell, rent, sublicense, transfer or otherwise make available any Service to a third party (other than permitting a User to use the Service) or in a service bureau or outsourced offering; (d) remove or obscure any proprietary or other notices contained in any Service; (e) use the Service in violation of any applicable law, rules or regulations; (f) access or use the Service for the purposes of designing or developing a competing product or service; (g) without our prior written consent, publish or disclose information or results relating to capabilities, performance, performance comparisons or other “benchmarking” activities relating to the Service or our infrastructure or (h) use the Services to transmit or generate malware, spam, or unlawful content.

1.6. Prohibited Content. Customer, including any User, will not (and will not permit any third party to):

1. use the Service for any illegal purpose, in violation of any local, state, national, or international law or in violation of any applicable Third-Party Terms;
2. create a false identity, misrepresent its identity, or create multiple accounts as a single user, for purposes of bypassing or circumventing use limits on the Service or for any other reason;
3. violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property right;
4. use the Services (i) to make threats, intimidate, harass or defame, (ii) for suicide or self harm, (iii) for sexual violence or non-consensual intimate contact, (iv) for terrorism or violence, (v) to engage in, promote, incite, facilitate, or assist in the planning or development of activities that present a risk of death or bodily harm to individuals, (vi) for real money gambling, or (vii) to provide tailored advice that requires a license, such as legal or medical advice, without appropriate involvement by a licensed professional;
5. use the Services to perform power facial recognition, gait analysis, voiceprinting, or other biometric identification to persistently track, profile, or persecute individuals or groups;
6. use the Services to manipulate or deceive individuals, interfere with individuals exercise of their human rights, to exploit individuals vulnerabilities, or to interfere individual’s access to education or critical services (including housing, loans, and employment);
7. use the Services to exploit or cause harm to children, including the solicitation, creation, acquisition, or dissemination of child exploitative content or failure to report Child Sexual Abuse Material (CSAM);

1.7. Violations. In the event that we believe that Customers or its Users have violated any of the terms or restrictions set out in this Agreement or any usage policies included in any Third-Party Terms, MARA may, without notice and in our sole discretion, suspend Customer or its Users account or limit the requests that Customer or its Users can make in a given time period.

2. CUSTOMER CONTENT

2.1. Customer Content. As between the parties, Customer or its licensors retain all right, title and interest in and to the Customer Content. You will ensure that Customer Content and its use in our Service do not violate any applicable law, breach any applicable contract or license or infringe, misappropriate or otherwise violate any third parties’ intellectual property rights. Subject to the terms of this Agreement, you hereby grant to MARA and its Affiliates a non-exclusive, worldwide, royalty-free right to access, store and/or process the Customer Content during the Term to provide the Service to you or as may be required by law. You represent and warrant to us that you have all rights in Customer Content necessary to grant the rights contemplated herein.

2.2. MARA may not train models on Customer Content from the Services. We do not control, and we disclaim any obligations and liability with respect to, information Customer or its Users may include in inputs to our Services, or the outputs resulting therefrom (such inputs and outputs, collectively “User AI Data”).  We do not collect or view the contents of User AI Data, and we fully disclaim all liability associated with your  or your users’ User AI Data.  You are solely in control of the data you or your users input into the models hosted by us, and you therefore accept all liability associated with the User AI Data.  

2.3. Customer is responsible for any consents and notices required to permit Customer’s use and receipt of the Service and our accessing, storing and processing of any content or data provided by you under this Agreement.

2.4. Because Customer is in sole control of the Customer Content, you agree that, to the maximum extent permitted by law, MARA shall have no liability with respect to the contents of the Customer Content.

2.5. Customer agrees to provide its full cooperation to MARA in connection with any government or regulatory investigations or administrative proceedings relating to Customer or its Users use of the Services.

3. USAGE & PRICING; FEES & PAYMENT; TAXES

3.1. Usage & Pricing. The allowances for and limits on your usage of, and if applicable, Fees for, the Service shall be as set forth in the Order, if applicable, or any other applicable Additional Documents.

3.2. Fees & Payment. All Fees and payment terms are as set forth in the Order, if applicable, or any other applicable Additional Documents. Except as expressly set forth in this Agreement or any Additional Documents, all Fees are non-refundable. Any purchase orders issued by you are for your internal purposes only, and MARA rejects any such purchase orders. Late payments may bear interest at the rate of 1.5% per month (or the highest rate permitted by law, if less) from the payment due date until fully paid. Customer will be responsible for all reasonable expenses (including attorneys’ fees) incurred by us in collecting any delinquent amounts.

3.3. Consent to Payment Processing and Subprocessing. Customer authorizes MARA to engage affiliated and unaffiliated Subprocessors to perform some or all of its obligations under the Agreement to provide the Services Any Fees will be processed by a third-party payment processing service , which processor may be updated from time to time (“Payment Processor”). Customer consents to the use of such Payment Processor, and to the transfer of Customer’s  bank or credit card information (including bank account or credit card holder’s name, bank account or credit card number, card expiration date, CVV number, and billing address) to such Payment Processor. Any terms governing the processing of Customer payment data are between Customer and such Payment Processor, and Customer should consult the applicable Third-Party Terms.

3.4  MARA Registered Users. For Customers who register through the MARA dashboard, MARA will automatically charge the bank card on-file through its Payment Processor in Customer’s account for the Fees associated with Customer’s usage during the prior calendar month (or other applicable period) based on the pricing table in the Order. Customer’s account details within their MARA account will provide Customer’s current balance.  Recurring charges will be made at least monthly in any month where Fees are incurred but may be made more often if Customer’s usage or Fees exceed certain thresholds.

3.5 Third-Party Marketplace Registered Users. For Customers who register through a Third-Party Marketplace, Customer’s account with such Third-Party Marketplace will be charged the Fees associated with Customer’s usage during the prior calendar month (or other applicable period as determined by the Third-Party Marketplace), subject to Customer’s agreement with such Third-Party Marketplace provider (“Marketplace Agreement”).  These recurring charges are based on the pricing table available on the Third-Party Marketplace. Customer’s account details within their MARA account will provide Customer’s current balance.  Recurring charges will be made at least monthly in any month where Fees are incurred.

3.6 Consent for Recurring Charges. Fees for the Services are invoiced and charged based on Customer’s actual usage. By using the Services, Customer acknowledges that Customer’s account will be subject to one of the above-described recurring charges. If Customer wishes to withdraw Customer’s consent for future recurring charges, please update the account settings in your MARA account and cease use of the Services.

3.7. Taxes. Fees do not include Taxes. Customer is responsible for paying all Taxes associated with its purchases, and will pay MARA for the Service without any reduction for Taxes. If MARA is obligated to pay or collect Taxes, the Taxes will be invoiced to Customer and Customer will pay such Taxes, unless Customer provides MARA with a timely and valid tax exemption certificate. If required under applicable law, Customer will provide MARA with applicable tax identification information to ensure its compliance with applicable laws and regulations.

4. TERM; TERMINATION

4.1 Term. If there is an Order, the “Term” of this Agreement begins on the Effective Date and ends on the last day of the duration specified in the Order, or as earlier terminated pursuant to Section 4.2 or 4.3. If there is no Order, the Term will begin on the Effective Date and remain in effect until terminated by either party upon written notice to the other party, which it may do for any or no reason.

4.2. Termination for Cause. If there is an Order, either party may terminate this Agreement if the other party (a) fails to cure any material breach of this Agreement (including a failure to pay Fees) within 30 days after written notice; (b) ceases operation without a successor; or (c) seeks protection under any bankruptcy, receivership, trust deed, creditors’ arrangement, composition, or comparable proceeding, or if any such proceeding is instituted against that party and is not dismissed within 60 days. Any prepaid Fees for tokens, compute or other consumable units or metrics that are unused shall be refunded to you, and you will be relieved of any further minimum usage or Fee commitment by you following the termination date, on a prorated basis if this Agreement is terminated by you pursuant to this Section. Conversely, any such prepaid and unused tokens, compute, units or metrics shall be forfeited without refund, and any unmet minimum Fee commitment will become immediately due, if this Agreement is terminated by us pursuant to this Section.

4.3. Termination for Convenience. MARA may terminate this Agreement at any time for any reason upon thirty (30) days’ written notice; provided that MARA will refund Customer any unused Fees that Customer has pre-paid for the Service.

4.4 Effect of Termination. Upon termination or expiration of this Agreement, (a) all rights and access to the Service shall cease and terminate, and (b) all Fees owed by you to MARA are immediately due.

4.5. Survival. The following Sections will survive any expiration or termination of this Agreement: 3 (Usage & Pricing; Fees & Payment; Taxes), 4 (Term & Termination), 5 (Intellectual Property), 6 (Confidential Information), 7.2 (Disclaimer), 9 (Indemnification), 10 (Limitation of Liability), 11 (General Terms), and 12 (Definitions).

5. INTELLECTUAL PROPERTY

5.1. MARA Technology. Except for the express limited rights set forth in this Agreement, no right, title or interest in any MARA intellectual property is granted to Customer, implied or otherwise. Customer acknowledges that the Service is offered as an online, hosted solution, and that Customer has no right to obtain a copy of the underlying computer code for any Service.

5.2. Service Usage Data. Notwithstanding anything to the contrary in this Agreement, we may collect and use query logs, and any data (but not Customer Content) relating to the operation, support and/or use of the Service (“Service Usage Data”) to provide administrative services to our customers, develop, improve, support, and operate our products and Service, or to investigate fraud, abuse or violations of this Agreement.

6. CONFIDENTIAL INFORMATION.

Each party (as “Receiving Party”) will use the same degree of care that it uses to protect the confidentiality of its own confidential information of like kind (but not less than reasonable care) to (i) not use any Confidential Information of the other party (“Disclosing Party”) for any purpose outside the scope of this Agreement, and (ii) except as otherwise authorized by the Disclosing Party in writing, limit access to Confidential Information of the Disclosing Party to those of its and its Affiliates’ employees and contractors who need that access for purposes consistent with this Agreement and who have signed confidentiality agreements with the Receiving Party containing protections not materially less protective of the Confidential Information than those herein. If Receiving Party is required by law or court order to disclose Confidential Information, then Receiving Party shall, to the extent legally permitted, provide Disclosing Party with advance written notification and cooperate in any effort to obtain confidential treatment of the Confidential Information. The Receiving Party acknowledges that disclosure of Confidential Information would cause substantial harm for which damages alone would not be a sufficient remedy, and therefore that upon any such violative disclosure by the Receiving Party, the Disclosing Party will be entitled to seek appropriate equitable relief in addition to any other remedies available at law.

7. REPRESENTATIONS & WARRANTIES

7.1. Mutual Representations & Warranties. Each party represents and warrants that (a) it has validly entered into this Agreement and has the legal power to do so; and (b) it will comply with all laws and regulations applicable to its provision, receipt, or use of the Service, as applicable.

7.2 Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, MARA MAKES NO WARRANTIES, EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ERROR-FREE OR UNINTERRUPTED USE OF THE SERVICE. IN ADDITION, MARA IS NOT RESPONSIBLE OR LIABLE FOR ANY PUBLIC DATA, THIRD PARTY DATA OR THIRD PARTY PRODUCTS, PLATFORMS OR SERVICES AND DOES NOT GUARANTEE THE CONTINUED AVAILABILITY THEREOF.

8. MARKETING; FEEDBACK.

8.1. Marketing. Customer agrees that we may use Customer’s name, logo and trademarks to identify Customer as a customer of ours for marketing or promotional purposes.

8.2. Feedback. Any feedback and suggestions made by Customer to MARA regarding the Service may be used by us without any restriction or obligation to you.

9. INDEMNIFICATION.

9.1. Customer Indemnification Obligations. Customer will defend MARA against any third-party claim arising from or relating to any your Use of the Service not in compliance with this Agreement or any Additional Documents,  any Customer Content, or Customer specifications and requirements used in connection with the Service and any breach by Customer of the terms of this Agreement or any Additional Documents, and will indemnify and hold harmless MARA from and against any damages and costs (including reasonable attorneys’ fees) resulting from such claim.

9.2. Indemnification Procedures. In the event of a potential indemnity obligation under this Section 9, the indemnified party will: (a) promptly notify the indemnifying party in writing of the claim; (b) allow the indemnifying party the right to control the investigation, defense and settlement (if applicable) of such claim at the indemnifying party’s sole cost and expense; and (c) upon request of the indemnifying party, provide all necessary cooperation at the indemnifying party’s expense. Any settlement requiring the indemnified party to admit liability, pay money, or take (or refrain from taking) any action, will require the indemnified party’s prior written consent.

10. LIMITATION OF LIABILITY.

EXCEPT AS TO LIABILITY FOR FRAUD OR FRAUDULENT MISREPRESENTATION;GROSS NEGLIGENCE; WILLFUL MISCONDUCT; OR MATTERS FOR WHICH LIABILITY CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) NEITHER MARA NOR ITS AFFILIATES SHALL BE LIABLE TO THE CUSTOMER OR ITS AFFILIATES FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES OF ANY KIND, OR LOSS OF USE, LOST OR INACCURATE DATA, INTERRUPTION OF BUSINESS, COSTS OF DELAY, OR LOST PROFITS, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE; (B) MARA’S TOTAL AGGREGATE LIABILITY FOR DAMAGES ARISING OUT OF THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID BY CUSTOMER TO MARA DURING THE 12 MONTH PERIOD BEFORE THE EVENT GIVING RISE TO LIABILITY AND; (C) THIS SECTION 10 WILL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE.

11. GENERAL TERMS

11.1. Assignment. This Agreement will bind and inure to the benefit of each party’s permitted successors and assigns. Neither party may assign this Agreement without the advance written consent of the other party, except that either party may assign this Agreement in its entirety in connection with a merger, reorganization, acquisition, or other transfer of all or substantially all of such party’s assets or voting securities to such party’s successor; and MARA may assign this Agreement in its entirety to any Affiliate. Customer shall promptly provide notice of any such assignment. Any attempt to transfer or assign this Agreement except as expressly authorized under this Section will be null and void.

11.2. Severability. If any provision of this Agreement is deemed to be unenforceable or invalid, the rest of the Agreement will remain in effect.

11.3. Governing Law; Jurisdiction and Venue. This Agreement will be governed by New York law, without regard to any conflicts of laws provisions thereof. The jurisdiction and venue for litigation related to the subject matter hereof will be the state and federal courts located in New York, New York and both parties hereby submit to the personal jurisdiction of such courts.

11.4. Notice. Except as otherwise provided herein, any notice or communication required or permitted under this Agreement will be in writing to the applicable party at the last address provided to the other party in writing and will be deemed to have been received by the addressee: (a) if given by hand, immediately upon receipt; (b) if given by overnight courier service, the first business day following dispatch; (c) if given by registered or certified mail, postage prepaid and return receipt requested, the second business day after such notice is deposited in the mail; or (d) if given by email, immediately upon receipt of the email by such recipient.

11.5. Amendments; Waivers; Order of Precedence. No supplement, modification, or amendment of this Agreement will be binding unless executed in writing by a duly authorized representative of each party to this Agreement, except as otherwise expressly set forth in this Agreement. No waiver will be implied from conduct or failure to enforce or exercise rights under this Agreement, nor will any waiver be effective unless in a writing signed by a duly authorized representative of the party providing the waiver. In the event of any conflict between this Agreement, any Order and any other Additional Document, such conflict shall be resolved in the following order of precedence: the Order (if applicable), any other Additional Document, and this Agreement.

11.6. Entire Agreement. This Agreement (including any Additional Documents) is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements and communications relating to the subject matter of this Agreement.

11.7. Third Party Beneficiaries. There are no third-party beneficiaries under this Agreement.

11.8. Force Majeure. Neither party will be liable to the other for any delay or failure to perform any obligation under this Agreement (except for a failure to pay Fees) if the delay or failure results from any cause beyond such party’s reasonable control, including but not limited to acts of God, labor disputes or other industrial disturbances, systemic electrical, telecommunications, or other utility failures, including energy curtailments, earthquake, storms or other elements of nature, blockages, embargoes, riots, public health emergencies pandemics and epidemics), acts or orders of government, acts of terrorism, or war.

11.9. Independent Contractors. The parties to this Agreement are independent contractors. No agency, partnership, or joint venture is created between the parties under this Agreement.

11.10. Export Control and Sanctions. Customer agrees to comply with Applicable Export-Control Laws and Applicable Sanctions Laws. Without limiting the foregoing, (i) Customer represents and warrants that (a) it is not a person designated on the U.S. Denied Persons List, the U.S. Entity List, the U.S. Unverified List, the U.S. Military End-Users List, the U.S Specially Designated Nationals and Blocked Persons List, the U.S. Foreign Sanctions Evaders List, or any comparable export controls- or sanctions-related restricted-party list maintained by the U.S. (e.g., BIS, OFAC, U.S. Department of State), UK, EU, or UN (b) it is not organized, located, or resident in a country or region that is the subject of a comprehensive U.S. embargo (currently, Cuba, Iran, North Korea, the Crimea Region of Ukraine, the so-called Donetsk People’s Republic of Ukraine, and the so-called Luhansk People’s Republic of Ukraine (collectively” “Sanctioned Jurisdictions”), (c) it is not the government of, or any agency or instrumentality of the government of, a Sanctioned Jurisdiction, or the government of Venezuela, and (c) it is not owned or controlled, directly or indirectly, by, or otherwise acting on behalf of any such person, (ii) Customer will not (and will not permit any third parties to) access or use any Service from any Sanctioned Jurisdiction or otherwise in violation of any U.S. export- or sanctions-related embargo, prohibition or restriction, (iii) Customer will not submit to any Service any information that is controlled under the U.S. International Traffic in Arms Regulations, will not use the Service in support of any prohibited proliferation-related or other end use set forth in Part 744 of the EAR,  or that would trigger a license requirement, prohibition, or restriction under Applicable Export-Control Laws, and iv) Customer will not employ any Service to circumvent Applicable Export-Control Laws or Applicable Sanctions Laws

12. DEFINITIONS.

Terms not otherwise defined in this Agreement shall have the following meanings:

“Additional Documents” means, if you have an Order with us, the Order and any appendices, supplements or other documentation included at the time of the Order, and if you do not have an Order with us, any other appendices, supplements or other documentation published or provided by us from time to time that relate to the Service, including without limitation, for accessing or using the Service (including usage allowances or limits), and Fees.

“Affiliate” means an entity that, directly or indirectly, owns or controls, is owned or is controlled by, or is under common ownership or control with a party.

“Applicable Export-Control Laws” means all U.S. and non-U.S. laws, regulations, and governmental orders concerning the export, re-export, transfer, or provision of goods, software, technology, or services, including without limitation the U.S. Export Administration Regulations, 15 C.F.R. Parts 730-774 (“EAR”), and any regulations otherwise promulgated by the U.S. Department of Commerce’s Bureau of Industry and Security(“BIS”).

“Applicable Sanctions Laws” means all sanctions, trade embargoes, and financial restrictive measures imposed, administered, or enforced by the U.S., including any laws, regulations, and governmental orders administered by the U.S. Department of the Treasury’s Office of Foreign Assets Control (“OFAC”) and, to the extent applicable to the parties or the relevant activities, by the U.N.’s Security Council, the EU, the UK, and any other governmental authority with jurisdiction over the parties or the transaction, including measures applicable to U.S. persons and activities with a U.S. nexus and secondary sanctions imposed by the U.S. on non‑U.S. persons for specified conduct, in each case as amended, supplemented, or replaced from time to time.

“Confidential Information” shall mean all information that is identified as confidential at the time of disclosure or should be reasonably known to be confidential or proprietary due to the nature of the information disclosed and the circumstances surrounding the disclosure; provided that “Confidential Information” will not include any information that (a) is in the public domain through no fault of the receiving party; (b) was properly known to the receiving party, without restriction, prior to disclosure by the disclosing party; (c) was properly disclosed to the receiving party, without restriction, by another person with the legal authority to do so; or (d) is independently developed by the receiving party without use of or reference to the disclosing party’s Confidential Information.

“Customer Content” means software, data, text, audio, video or images that you or any User transfers to us for processing, storage or hosting by the Service and any computational results that you or your Users derive from the foregoing through their use of the Service.

“Fees” means the fees payable by Customer, if any, for the applicable Service, as set forth in the applicable Additional Documents.

“Order” means, if applicable, the MARA ordering document executed by the parties for the Service, which references this Agreement and specifies the terms and conditions relating to the Service that are specific to you and/or your Users.

“Service” means the MARA Cloud platform-as-a-service offering provided by MARA.

“Taxes” means taxes, levies, duties or similar governmental assessments of any nature, including, for example, any sales, use, GST, value-added, withholding, or similar taxes, whether domestic or foreign, or assessed by any jurisdiction, but excluding any taxes based on net income, property, or employees of MARA.

“Third-Party Marketplace” means a third-party channel authorized by MARA to sell or offer the Service.

“User” means the persons and/or entities designated and granted access to the Service by or on behalf of Customer.

MARA Cloud Privacy Policy

Effective December 8, 2025

MARA Holdings, Inc. and its subsidiaries and affiliates (collectively, “MARA”, “we”, “our”, or “us”) are committed to respecting your privacy. This Privacy Policy (“Policy”) describes how MARA collects, stores, uses, discloses, and protects information, some of which may be considered Personal Data, that is collected or otherwise processed in connection with the MARA Cloud and related services (collectively, the “Services”). You are encouraged to read this Policy carefully as it also describes your privacy rights and choices with respect to your Personal Data.

This Policy does not apply to Personal Data we process in our role as a data processor or service provider on behalf of our customers or partners. When we act as a data processor or service provider, we process Personal Data only on the documented instructions of the relevant customer or partner and in accordance with our agreements with them. You should consult that customer’s or partner’s privacy notices to understand their practices. This Policy also does not apply to Personal Data we collect about employees, former employees, or candidates for employment with MARA.

By accessing or using the Services or otherwise providing us with information, you acknowledge and accept the applicability of this Policy. If you do not agree to this Policy, please do not access or use the Services or provide us with information or Personal Data.

1. Information We Collect About You

We collect Personal Data about you in the ways described below, such as when you provide it directly to us, automatically through your use of the Services, and/or from other parties. “Personal Data” means any information that identifies you or any other individual, or that relates to, describes or is reasonably capable of being associated with, an identified or identifiable individual. Please note that we need certain types of information to provide the Services to you. If you do not provide us with such information, or if you ask us to delete that information, you may no longer be able to access or use certain aspects of the Services.

a. Information You Provide to Us Directly

We may collect information that you provide to us directly, including through:

• Your use of the Services, including our inference Services, provided that we do not retain inputs and outputs associated with our inference Services as described in Section 6. Please note that we do not control the information included in inputs to our inference Services, or the outputs resulting therefrom (such inputs and outputs, collectively “User AI Data”);
• Your communications with us, such as for support, troubleshooting, or general inquiries;
• Your requests for information, such as marketing information or other publications; or
• Your in-person communications with us, such as at conferences or events.

Information you provide directly to us may concern you and others and may include, but is not limited to:

• name, phone number, email address, mailing address and other information about you or your business;
• payment information;
• transaction information such as purchases, purchase amounts, and dates of purchase;
• account information when you sign in and use the Services;
• other information in content, input, files, uploads or feedback you voluntarily provide to us via your communications with us, such as when you submit questions, communicate with our customer support, interact with us at conferences or other events, or otherwise communicate with us; and
• inferences drawn from the above-listed categories of information, such as operational logs.

b. Information We Collect from Affiliates and Non-Affiliated Parties

We may receive or collect Personal Data about you from affiliates or non-affiliated parties, such as marketing partners or providers, public and other databases, social media platforms such as LinkedIn, Facebook, Twitter, or Google, or from conference or event hosts.

c. Information We Collect Automatically

We, or vendors we engage, may automatically collect information about your use of our website or services through cookies, SDKs, and similar technologies. This may include navigational and network-related activity such as your device’s IP address, browser type and operating system; the length of time you visit our website; web pages you view; links you click; the webpage that led you to our website; data you provide to us to receive technical assistance or customer service; and contact preferences. These technologies help us:

• understand, improve, and enable the functionality and maintain the security and integrity of our Services;
• measure and understand usage, performance, and effectiveness; and
• personalize certain features and communications.

Your Choices. Most browsers allow you to manage cookies.  If you disable cookies, some features of the Services may not function properly.  If we use third-party analytics or advertising technologies on our sites or apps, we will provide, as applicable, additional disclosures and choices in a consent manager or preferences center.  Where required by law, we will obtain your consent before setting non-essential cookies.

Do Not Track and Signals.  We do not respond to browser-initiated Do Not Track signals. Where required by applicable law, we will honor recognized opt-out preference signals for targeted advertising or “sale/share” of Personal Data.

Automatically collected data may be linked to other Personal Data such as user name, email address and phone number.

2. How We Use Your Information

We use the information collected about you for the following business and commercial purposes:

• to register you as a customer and perform our contractual obligations;
• to enable you to access support and technical materials;
• to provide the Services, including online services, inference Services, and customer support;
• to allow you to customize the content of communications and information that we send or display to you;
• for marketing and promotional purposes;
• to manage our relationship with you;
  
• to comply with legal obligations and respond to lawful requests, enforce our terms and conditions, defend our legal rights, protect our rights, users, and others;
• to support corporate transactions, in the context of any purchase or sale of business, merger, reorganization or bankruptcy;
• to protect our operations, security and property, or that of our users, employees, or other parties; and to protect against, identify and prevent fraud and other criminal activity, claims and other liabilities;
• to better understand how users access and use our website, use our products, and services, and for other research and analytical purposes, including operating and growing our business; developing new products and services; enhancing, improving or modifying our services or website (including changes to this Policy or other legal agreements) and identifying usage trends; and determining the effectiveness of our marketing activities; and
• as we otherwise determine necessary and appropriate, including under applicable laws;.

As lawful, we may aggregate and/or de-identify Personal Data collected through the Services. We may use deidentified or aggregated data for any lawful purpose, including without limitation for research and marketing purposes and may also disclose such data to other parties, including without limitation, advertisers, promotional partners, sponsors, event promoters, and/or others. We commit to maintaining and using that data in deidentified form without attempting to reidentify it.

3. When We Disclose Your Information

We may disclose your Personal Data with other parties if you consent to us doing so, as well as in the following circumstances:

• Affiliates or Subsidiaries. We may disclose data to our affiliates or subsidiaries.
• Vendors. We may disclose data to vendors, contractors, agents, service providers or third parties who perform functions or provide services on our behalf. However, we do not share any User AI Data with third parties for the purposes of training, fine-tuning or related activities.
• Business Transfers. We may disclose or transfer data to another company as part of an actual or contemplated transaction, merger with or acquisition of us by that company.
• Legal Obligations and Rights. We may disclose your data to any legally entitled recipients: (i) in connection with establishing, exercising or defending against legal claims; (ii) to comply with laws, lawful requests or legal process; (iii) to protect our rights or those of our employees; (iv) protect your safety or that of our employees or others; or (v) as otherwise permitted by applicable law.
• With Your Direction or Consent. We may disclose information as you direct or authorize us, including when you integrate third-party services or request we disclose information.
• De-identified Data. We may, as applicable, disclose aggregated or de-identified information without your prior permission or consent. De-identified data cannot reasonably be used to infer information about, or otherwise be linked to, an identified or identifiable person. We commit to maintain and use any de-identified data without attempting to reidentify de-identified data.

4. Websites of Other Parties

Some of the Services use third-party operating systems, platforms, devices, communication services, devices, and software, and some of the Services are provided by third-party distributors, device operators, platform operators, and communication services. The Services we provide, or the third-party websites and services we rely on, may contain links to websites provided by other parties or services maintained by various other entities. We do not control those websites or services and are not responsible for their conduct, even if they may provide content co-branded by MARA. These websites are governed by their own policies regarding privacy and security, not by this Policy. We encourage you to review the privacy policies of every website you visit before providing them with any Personal Data. As we do not control these third-parties’ data handling and processing practices, we recommend that you review their privacy policies, terms of use, and license agreements (as applicable).

5. How We Secure Your Personal Data

We have implemented administrative, technical, physical, electronic, and organizational procedures designed to safeguard and secure the information we collect from loss, misuse, unauthorized access, disclosure, alteration, and destruction.

Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. While we strive to protect your information, we cannot guarantee the security of any information you transmit to us or receive from us.

6. Retention of Your Personal Data

We retain your Personal Data for the period necessary to fulfill the purposes outlined in this Policy, including to provide the Services, comply with our legal obligations, resolve disputes, and enforce our agreements. Inputs provided by users and any generated outputs are not retained. The length of time for which we retain information depends on the purposes for which we collected and use it and your choices, after which time we may delete, de-identify or aggregate it. We may also retain and use this information as necessary to comply with our legal obligations, resolve disputes, or enforce our agreements. We do not retain inputs and outputs associated with our inference Services. We delete any operational logs associated with our inference Services when they are no longer necessary to provide the Services to you.

7. Your Rights and Choices

You may have certain rights pertaining to your Personal Data, subject to applicable law. In particular, you may (1) request access to the Personal Data we have about you; or (2) request that we update, correct or delete your Personal Data. In addition, subject to applicable law, you may also request a portable copy of certain of your Personal Data that you have provided to us.

You can exercise these rights by using the contact methods in the “How to Contact Us” section below. We will take steps to verify your identity before responding. You may designate an authorized agent where permitted by law; we may require proof of authorization and verification of your identity. If we deny your request, you may have the right to appeal; instructions will be provided in our response where applicable.

California Privacy Rights. Please review the Supplemental Notice for California Residents below.

Marketing. You may opt out of receiving marketing communications by clicking on the “unsubscribe” link located at the bottom of, or by following other relevant instructions in, marketing emails you receive from us.

8. Information About Children

We do not knowingly collect Personal Data from minors under 16 years old. If you believe that we may have collected Personal Data from someone under the age of 16 without parental consent, contact us as indicated in the “How to Contact Us” section below, so that we can take appropriate measures to address the issue and delete the relevant information as required by applicable law.

9. Consent to Transfer

Except as otherwise agreed to in a separate agreement with you, your data may be stored and processed in the United States and other countries outside the United States, which may have data protection laws that differ from the laws in your country. By using the Services, or providing us with any information, you consent to the collection, processing, maintenance, and transfer of such information in and to the United States and other applicable countries in which the privacy laws may not be as comprehensive as, or equivalent to, those in the country where you reside and/or are a citizen.  

10. Regional Privacy Notices

a. U.S. State Privacy Notice (Non-California)

Depending on your state of residence, you may have, as applicable, rights to access, correct, delete, obtain a portable copy of certain Personal Data, opt out of targeted advertising, and opt out of “sale” or “sharing”. You may also have the right to appeal a denial of your request. You can exercise these rights using the contact methods described under “How to Contact Us” below. To the extent we engage in targeted advertising, we will provide an opt-out and honor legally recognized opt-out preference signals where required by law.

Sensitive Data. We do not use or disclose sensitive Personal Data for purposes that require a right to limit under applicable state laws.

Authorized Agents and Appeals. You may use an authorized agent as permitted by your state’s law. If your request is denied, you may appeal by contacting us using the methods in Section 12 and indicating “Privacy Appeal.”

a. Supplemental Notice for California Residents

The California Consumer Privacy Act of 2018, as amended by the California Privacy Rights Act of 2020 (“CCPA”) requires us to provide some additional information to California residents. This Section only applies to you if you are a California resident. This Section does not apply to personal information we collect from our employees and job applicants in their capacity as employees and job applicants.

i. Categories of Information We Collect

Throughout this Policy, we describe the specific pieces of personal information (as such term is defined by the CCPA) we collect, the sources of that information, and how when we disclose it.

Under the CCPA, we also have to provide you with the "categories" of personal information and sensitive personal information we collect and disclose for “business or commercial purposes” (as those terms are defined by applicable law). The categories of personal information are identifiers (such as name, address, and email address); commercial information (such as transaction data); financial data (such as credit card and other financial account information); internet or other network or device activity (such as IP address); geolocation data; inferences drawn about you; and other information that identifies or can be reasonably associated with you. We do not process sensitive personal information in a way that requires a right to limit the use and disclosure under the CCPA.

We, either directly or through vendors, service providers or third parties, collect and disclose the above-categories of personal information for the purposes described in Section 2 of this Policy.

We collect the categories of personal information identified above from the following sources: (1) directly from you; (2) through your use of the Service; (3) affiliates; and (4) other service providers or third parties.

We describe our information disclosure practices in the Policy above. In the previous twelve months, we may have disclosed certain categories of personal information with other parties, including third parties (as defined by the CCPA) for the business purposes described above in Section 2 of this Policy.

ii. Rights of California Consumers

If you are a California resident, the CCPA may permit you to request that we:

• Provide you access to and/or a copy of certain information about the categories of personal information we have collected or disclosed about you; the categories of sources of such information; the business or commercial purpose for collecting, “selling,” or “sharing” your personal information; the categories of third parties to whom we disclose or “sell,” or with whom we “share,” personal information; and the categories of personal information we “sell.”
• Delete certain information we have about you.
• Correct inaccurate personal information that we maintain about you.

You also have the right to opt out of the “sale” and “sharing” of personal information, as those terms are defined by the CCPA. MARA does not “sell” or “share” personal information and has not done so in the 12 months prior to the effective date of this Policy. As we do not “sell” or “share” personal information, we also do not knowingly “sell” or “share” the personal information of children under 16.

You have the right to not be discriminated against (as provided for in applicable law) for exercising certain of your rights. Certain information may be exempt from such requests under applicable law. We need certain types of information so that we can provide the Services to you. If you ask us to delete it, you may no longer be able to access or use the Services.

Please submit your requests to the address described under “How to Contact Us” below. In your request, please attest to the fact that you are a California resident. Following your request, we will verify your identity by a method appropriate to the type of request you are making. You may authorize and agent to submit a request on your behalf, so long as you provide the agent with written permission to make such request on your behalf and the agent can verify their identity, in order to protect your personal information.

iii. Data Retention

Please see Section 6 above (“Retention of Your Personal Data”) for how we retain your personal information.

iv. Do-Not-Track

We do not respond to browser-initiated Do Not Track signals.

11. Changes to This Privacy Policy

We may change or update this Policy from time to time, so we encourage you to review this Policy periodically. If we make any material changes to this Policy, we will notify you as required by law, such as by e-mail to the address you have provided.

The “Effective Date” at the top of this Policy indicates when it was last updated.

12. How to Contact Us

If you have questions or concerns about this Policy, or the privacy practices relating to our Services, or if you wish exercise your privacy rights, please contact us using the details below:

By postal mail: MARA Holdings, Inc.
1010 S Federal Hwy., Suite 2700, Hallandale Beach, FL 33009

By email: inference@mara.com