Terms of Service
MARGIN — A Product of Hemingway Advisory
Last Updated: February 2026
MARGIN is a product of Hemingway Advisory, a brand operated by Frail Blue Dot LLC, a Massachusetts limited liability company (“Company,” “we,” “us,” or “our”).
1. Acceptance of Terms
These Terms of Service (“Terms”) govern your access to and use of the MARGIN service (“Service”), operated by Frail Blue Dot LLC, a Massachusetts limited liability company (“Company,” “we,” “us,” or “our”).
By purchasing, accessing, or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.
If you purchase on behalf of a business entity, you represent and warrant that you have authority to bind that entity to these Terms.
2. Description of Service
MARGIN provides a one-time, structured market intelligence report based on publicly available information, automated data processing, AI-assisted analysis, and limited human review.
The Service:
- Analyzes publicly accessible data
- Organizes observations into structured dimensions
- May include labeled observations, inferences, and hypotheses
- May include suggested options for consideration
The Service does not include:
- Ongoing monitoring
- Implementation services
- Marketing execution
- Professional consulting engagement
- Legal, financial, accounting, investment, or medical advice
Each report reflects conditions only at the time of analysis. We have no obligation to update any report after delivery.
3. Informational Purposes Only; No Professional Relationship
The Service is provided for informational and educational purposes only.
Nothing in the Service constitutes professional advice of any kind. No fiduciary, advisory, agency, partnership, or consulting relationship is created by your use of the Service.
You remain solely responsible for all business decisions made based on the report.
4. AI and Third-Party Data
The Service uses automated systems and AI-assisted analysis. Such systems may produce errors, omissions, or incomplete interpretations.
The Service relies on third-party platforms and publicly available data sources (including but not limited to search engines and business directories). We do not control third-party data accuracy, availability, or changes.
We are not responsible for inaccuracies, omissions, or changes originating from third-party sources.
5. No Warranties
The Service is provided “as is” and “as available.”
To the maximum extent permitted by law, the Company disclaims all warranties, express or implied, including but not limited to:
- Merchantability
- Fitness for a particular purpose
- Non-infringement
- Accuracy
- Completeness
- Reliability
- Availability
We do not guarantee any business outcome, including revenue, leads, rankings, visibility, traffic, or profitability.
6. Limitation of Liability
To the maximum extent permitted by law:
The Company shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to lost profits, lost revenue, business interruption, loss of data, or reputational harm.
In all cases, the Company's total aggregate liability shall not exceed the amount you paid for the specific report giving rise to the claim.
This limitation applies regardless of the legal theory asserted, whether in contract, tort, negligence, strict liability, or otherwise.
7. Indemnification
You agree to indemnify, defend, and hold harmless Frail Blue Dot LLC and its members, managers, officers, employees, and contractors from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to:
- Your use of the Service
- Your business decisions based on the report
- Your violation of any law or regulation
- Your redistribution or publication of report content
- Claims brought by third parties relating to your use of the report
8. Payment and No Refund Policy
All purchases are final.
Due to the customized and digital nature of the Service:
- No refunds will be provided once a report has been delivered.
- If a technical error prevents delivery, our sole obligation is to re-deliver the report.
You agree not to initiate chargebacks in bad faith. If you initiate a chargeback in violation of these Terms, you agree to reimburse the Company for associated fees and costs.
Payments are processed by third-party providers such as Stripe. We do not store full payment card information.
9. Intellectual Property
All rights, title, and interest in and to the Service, including methodology, scoring systems, structure, branding, templates, and analysis framework, remain the exclusive property of Frail Blue Dot LLC.
You are granted a limited, non-exclusive, non-transferable license to use the report for your internal business purposes only.
You may not:
- Resell or redistribute the report
- Publish it commercially
- Create derivative works based on it
- Use it to train AI or machine learning systems
- Remove branding or proprietary notices
10. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to conflict of law principles.
11. Binding Arbitration; Class Action Waiver
Any dispute arising out of or relating to these Terms or the Service shall be resolved exclusively by binding arbitration conducted in Massachusetts under the rules of the American Arbitration Association.
You agree that:
- Arbitration shall occur on an individual basis only.
- You waive the right to participate in any class action, collective action, or representative proceeding.
- You waive the right to a jury trial.
Judgment on the arbitration award may be entered in any court of competent jurisdiction.
12. Force Majeure
The Company shall not be liable for any delay or failure to perform resulting from causes beyond its reasonable control, including but not limited to platform outages, API failures, internet disruptions, governmental actions, cyberattacks, or acts of God.
13. Severability
If any provision of these Terms is found unenforceable, the remaining provisions shall remain in full force and effect.
14. Survival
Sections relating to limitation of liability, indemnification, intellectual property, arbitration, and governing law shall survive termination of these Terms.
15. Entire Agreement
These Terms constitute the entire agreement between you and Frail Blue Dot LLC regarding the Service and supersede all prior communications and understandings.