Terms of Service

01Definitions

In these Terms, the following capitalised terms have the meanings given below. Defined terms are used consistently throughout, and the singular includes the plural.

• Account means the credentialed identity through which you access the Service, including any organisation or team identity you are enrolled in.
• Affiliate means any entity that controls, is controlled by, or is under common control with a party.
• Agreement or Terms means this document, together with the Privacy Policy and any additional terms Ordinal publishes for a specific feature. Elsewhere on the Site this document is also referred to as the Terms of Use; the two names mean the same document.
• App means the Ordinal desktop application for macOS and Linux, in object code form, including updates and Documentation supplied with it.
• Applicable Law means all laws, regulations and binding orders that apply to a party in connection with the Service.
• Boost means the control in the App by which you elect to have a Job executed on Ordinal Machines rather than on your own device, and Boosted Job means a Job so elected.
• Customer Content means the files, project data, commands, arguments, environment configuration and other material you or your Users transmit to the Service, and the Results generated from them.
• Documentation means any usage material Ordinal makes generally available for the Service.
• Feedback means any unsolicited suggestion, idea, enhancement request, recommendation or comment about the Service that you provide to Ordinal. Feedback does not include Customer Content, and does not include anything you submit in connection with a support request, an incident, fault or security report, a deletion or data subject request, or a dispute, or anything that contains your confidential information or personal data.
• Intellectual Property Rights means all patent, copyright, trademark, trade secret, database, moral and other proprietary rights, in each case registered or unregistered and anywhere in the world.
• Job means a unit of work you initiate through the App, such as a render, an export, a build, a compilation or a test suite.
• Losses means claims, demands, actions, proceedings, damages, fines, penalties, settlements, liabilities, losses, costs and expenses, including reasonable attorneys’ fees.
• Ordinal, we or us means Ordinal Computer as described in section 2.4, and its permitted successors and assigns, and, for the purposes of sections 18 to 23 and section 28.8, includes Ordinal’s Personnel.
• Ordinal Machines means the remote computing resources operated by or for Ordinal on which Boosted Jobs are executed.
• Ordinal Materials means the App, the Site, the Ordinal Machines, the Documentation, all software, interfaces, designs, models, methods, know‑how and other technology used to provide the Service, and all Intellectual Property Rights in any of them, excluding Customer Content and Third Party Software.
• Personnel means Ordinal’s founders, members, partners, officers, employees, contractors, agents and advisers, and, for so long as Ordinal is not incorporated, each individual who operates or has operated the Service. Every protection, limitation, exclusion, release, waiver and defence given to Ordinal by this Agreement is given equally to each of the Personnel, in their personal capacity, and section 28.8 gives them the benefit of it.
• Results means the outputs, artefacts, logs and return values produced by executing a Job.
• Service means, collectively, the App, the Site, the Ordinal Machines, and all related features, content and support made available by Ordinal.
• Site means the Ordinal website and its subdomains.
• Third Party Software means software, tools, libraries, runtimes and services not owned by Ordinal, including any executed on your behalf as part of a Job.
• User means any individual who accesses the Service through your Account or at your direction.
• you or your means the individual accepting these Terms and, where that individual accepts on behalf of an organisation, that organisation and its Users together with that individual.

02Acceptance and binding effect

2.1 Acceptance

These Terms form a binding agreement between you and Ordinal. You accept them, and they take effect, on the earliest of: (a) your acceptance of them through any control presented for that purpose by the App, an installer or the Site; (b) your creation of, or authentication to, an Account; (c) your submission of any Job to the Service; or (d) your launching or operation of the App. If you do not accept these Terms in full, you must not access or use the Service and must uninstall the App.

In consideration of your acceptance, Ordinal makes the Service available to you and grants you the licence in section 7.1, and each party gives the promises in this Agreement, including Ordinal’s own promise to arbitrate in section 22 and its undertakings in sections 3.3, 11.2, 11.3 and 11.6. Each party acknowledges that this is good and sufficient consideration for the whole of this Agreement, including section 22.

2.2 Browsing the Site alone

If you only read the Site and do none of the things listed in section 2.1, then in respect of that reading you are bound by sections 1, 8, 12, 18, 19, 24, 25 and 28 only. Sections 21, 22 and 23 do not apply to you unless and until you accept these Terms under section 2.1. Merely visiting the Site is not acceptance of the arbitration agreement, the class action waiver, the jury trial waiver or the shortened limitation period.

2.3 Record of acceptance

Ordinal may record the fact, date, time and version of your acceptance and retain that record, and may present these Terms for acceptance again after a material revision. Ordinal’s record of that acceptance is admissible evidence of it. The version in force at any time is the version posted at this address, and the date at the head of this page identifies it.

2.4 The contracting party

Ordinal Computer is not an incorporated entity. There is no “Ordinal Computer, Inc.”. Ordinal is a service operated from New York City by the people building it, and these Terms are an agreement between you and whoever is operating the Service at the time, together with their Personnel. If an entity is later formed or designated to operate the Service, that entity is automatically substituted as the Ordinal party to this Agreement, assumes the obligations under it and takes the benefit of every right granted by it, including the licences, disclaimers, limitations, releases, indemnities and the arbitration agreement, without further act of either party, and this section will be updated to name it. Section 26 governs that substitution.

Substitution under this section does not release any person from, and does not affect, any liability that accrued before the substitution took effect. Any claim you had against the persons operating the Service immediately before the substitution may be brought against them and against the substituted entity, and the substituted entity assumes those liabilities in addition to, and not in place of, theirs. Nothing in this section is, or operates as, a novation that discharges an accrued liability, and your consent to a discharge of that kind is neither given nor implied.

2.5 Authority

If you accept these Terms on behalf of an employer, client or other organisation, you represent and warrant that you have full legal authority to bind that organisation, and “you” means that organisation as well as you personally. Ordinal may rely on that representation without inquiry.

2.6 How you obtained the App

You may have obtained the App from a public releases page, from a link Ordinal sent you, or following a demonstration. However you obtained it, these Terms are made available at this address and are the terms on which the App is supplied, they govern your use of it once you accept them under section 2.1, and the App is supplied on the basis set out in sections 4, 18 and 19.

2.7 Order of precedence

If a separate written agreement signed by Ordinal covers the same subject matter, that agreement prevails over these Terms to the extent of any conflict. Otherwise, in the event of conflict, the order of precedence is: (a) any such signed agreement; (b) additional terms published by Ordinal for a specific feature; (c) these Terms; and (d) the Privacy Policy, except that the Privacy Policy prevails on the handling of personal data.

03The Service

3.1 What the Service does

The App runs on macOS and Linux. You direct it at a project folder on your own device. When Boost is enabled, work you would otherwise execute locally, such as renders, exports, builds and test suites, is transmitted to Ordinal Machines and executed there instead. Files from your project are transferred so that those machines can execute the Job, and Results are written back into your local project folder. The Service is delivered as an application and not as a command line tool.

3.2 Two operational behaviours

Two behaviours are stated here because other provisions depend on them:

• Only changed files are transferred. After the first run, the Service transfers the parts of your project that have changed since the previous run.
• Repeat work may be answered from a cache. Where the same work has already been performed, the stored Result may be returned without executing the Job again. Section 11.4 governs caching and deduplication.

3.3 Boost is a control you operate

Boost is a switch, and you operate it. With Boost off, the Job executes on your own device and the files and command for that run are not transmitted to Ordinal. That is the control available to you, and it is the plainest one: work you do not boost does not leave your machine through Ordinal. That statement is narrower than “nothing leaves your machine”, because the App may remain signed in to your Account and may still report a crash. The Privacy Policy sets out what that leaves. Before you boost material that is sensitive or subject to a duty of confidence, inspect the switch rather than assuming its position.

3.4 No guarantee of completion or fallback

Ordinal does not represent, warrant or undertake that a Boosted Job will start, progress or complete, or that it will fall back to local execution if it does not. If a Boosted Job stalls, fails or queues longer than you are willing to wait, run it again, with Boost disabled where local completion is required. You are solely responsible for retaining your own copies of anything you are not willing to lose.

3.5 Supported platforms and executable work

Supported platforms at the date of these Terms are macOS on Apple silicon and Linux on x86‑64 and ARM. Builds for other platforms may appear on a releases page before they are supported, and anything not listed here is unsupported. Not every command can be executed remotely. Work requiring hardware attached to your own device, interactive work, and work that runs only on an operating system the Ordinal Machines do not run will remain local or will fail.

3.6 Changes to the Service

Ordinal may add to, modify, suspend, limit, deprecate or discontinue any part of the Service, including any feature, platform, capacity allocation or quota, at any time and in its sole discretion, with or without notice, and, subject always to section 19.4, without liability to you.

04Beta status and absence of service levels

4.1 Pre‑release software

The Service is pre‑release, beta software, provided for evaluation and early use. That is not a figure of speech. It means that:

• features may change, move or be removed at any time and without notice;
• Jobs may fail, queue, be terminated, or produce Results that differ from a local run;
• data stored in connection with the Service during the beta may be altered, corrupted, rendered inaccessible or deleted, including when the beta ends;
• there is no uptime commitment, no throughput commitment, no latency commitment, no support commitment and no service level agreement of any kind, and none will be implied.

4.2 Verification of Results

Ordinal builds towards Boosted Results that match what your own device would have produced. The preceding sentence is a statement of intent. It is not a representation, warranty, condition or undertaking, it is not relied on by you, and Ordinal does not guarantee that any Result matches a local one. Treat a Result as you would treat a result from any other machine that is not yours: verify it before relying on it. If you obtain a Result that differs from a local run, notify Ordinal and stop boosting that Job.

4.3 Unsuitable uses

You must not use the Service for any purpose where a wrong, delayed, missing or corrupted Result could cause death, personal injury, or material financial, legal, environmental or reputational harm, unless you maintain an independent verification and recovery process of your own that does not depend on the Service. This section allocates risk between the parties. It is not a condition of the licence in section 7.1, and a breach of it does not of itself make your use of the App unlicensed.

4.4 Support

Support during the beta is provided on a best efforts basis only. You may write to hello@ordinalcomputer.com or reach Ordinal in the Ordinal Discord. Ordinal monitors both, without any commitment to read, act on or respond to a particular message. A message sent in a community channel is not notice to Ordinal for any purpose under this Agreement; section 29 states how notice is given. Ordinal does not commit to a response time, and no statement made in a support conversation, in a community channel, or on social media varies these Terms.

05Eligibility, export control and sanctions

5.1 Capacity and age

You must be at least 18 years old and able to form a binding contract under Applicable Law. The Service is a professional tool and is not directed to children. If you cannot accept these Terms on your own behalf, you must not use the Service.

5.2 Export control and sanctions representations

Ordinal is operated from the United States, and United States export control and economic sanctions laws apply to the Service. You represent, warrant and undertake, on each occasion you use the Service, that:

• you are not located in, ordinarily resident in, or organised under the laws of any country or territory subject to comprehensive United States sanctions;
• you are not identified on, and are not owned or controlled by any party identified on, any United States restricted or denied party list, or any equivalent list maintained under Applicable Law;
• you will not use, export, re‑export or otherwise make the Service or any Result available in violation of any export control, sanctions, anti‑boycott or anti‑corruption law; and
• you will not use the Service in connection with the development, design, production or use of nuclear, chemical or biological weapons, missile technology, or any other end use prohibited by Applicable Law.

Ordinal may refuse, suspend or terminate access where it believes, in its sole discretion, that continued provision would breach or create risk under any such law.

06Accounts and credentials

6.1 Registration

Where the Service requires you to create an Account or to authenticate, these Terms govern that Account as well as the App. You must provide accurate and complete registration information and keep it current.

6.2 Security and responsibility

You are responsible for maintaining the confidentiality of your credentials and for all activity conducted through your Account, whether or not authorised by you, including all Jobs submitted and all Customer Content transmitted by any User, except to the extent the unauthorised activity results from Ordinal’s own failure to secure the Service. You must notify Ordinal promptly at hello@ordinalcomputer.com on becoming aware of any unauthorised use of, or any compromise affecting, your Account.

6.3 Scope of an Account

Accounts are for you or your organisation. You must not resell, rent, timeshare or otherwise make access available to third parties, and must not share a single Account across separate organisations. You are liable for your Users’ acts and omissions in connection with the Service as if they were your own.

07Licence to you and reservation of rights

7.1 Licence grant

Subject to your compliance with these Terms, Ordinal grants you a limited, revocable, non‑exclusive, non‑transferable, non‑sublicensable licence, during the term of this Agreement, to install and use the App on devices you own or control, and to access the Service, in each case solely for your internal business or personal purposes and in accordance with the Documentation. The App is licensed, not sold.

Ordinal may terminate or suspend this licence for your breach of this Agreement. Except for a breach of section 12, a breach of section 5.2, or a breach that Ordinal reasonably considers to present an immediate risk to the Service, to the Ordinal Machines or to any person, Ordinal will give you notice of the breach and a reasonable opportunity to cure it before terminating the licence on that ground. Your compliance with the other provisions of this Agreement is a covenant and not a condition of the licence, and a breach of it does not retrospectively make your earlier use of the App unlicensed.

7.2 Restrictions

Except to the extent Applicable Law expressly prohibits this restriction, and except as separately permitted by the licence terms of an open source component, you must not, and must not permit any person to:

• copy, modify, translate, adapt or create derivative works of the App or any other Ordinal Materials;
• reverse engineer, decompile, disassemble or otherwise attempt to derive source code, underlying models, algorithms or non‑public interfaces of the Service;
• sell, resell, rent, lease, lend, distribute, sublicense, host as a service, or otherwise make the Service available to any third party;
• remove, obscure or alter any proprietary notice, mark or attribution in or on the App or the Service;
• circumvent or attempt to circumvent any authentication, quota, metering, isolation, rate limit, caching or other technical control;
• use the Service to develop or train a competing product or service; or
• use the Service other than as permitted by this Agreement.

Nothing in this section restricts your right to review, assess or comment on the Service, or to publish a benchmark, comparison or performance assessment of it. If you publish a benchmark or comparison, state the App build and version you measured and the configuration you used, so that the measurement can be understood. That is a disclosure requirement and not a restriction on what you may say.

7.3 Reservation of rights

All rights not expressly granted in this Agreement are reserved to Ordinal and its licensors. No right, title, interest or licence, whether by implication, estoppel, exhaustion or otherwise, is granted to you in or to any Ordinal Materials or any Intellectual Property Rights in them.

08Ordinal Materials and brand

As between you and Ordinal, Ordinal and its licensors own and retain all right, title and interest, including all Intellectual Property Rights, in and to the Ordinal Materials and every part of them, together with all modifications, improvements and derivative works of them however arising.

The Ordinal name, the Ordinal logo, the omega mark and all associated trade dress are the trademarks of Ordinal. Nothing in this Agreement grants you any right to use them, and you must not use them in a manner that states or implies endorsement, sponsorship or affiliation without Ordinal’s prior written consent.

Ordinal may collect, generate and use aggregated and de‑identified technical and usage data relating to the operation of the Service, provided that such data does not identify you or any User and does not contain Customer Content, and may use that data for any lawful business purpose, including to operate, secure, analyse, support and improve the Service. This does not vary section 11.3.

09Feedback

You are under no obligation to provide Feedback. If you do, you grant Ordinal a perpetual, irrevocable, worldwide, royalty‑free, fully paid, non‑exclusive, transferable and sublicensable licence, without any obligation of compensation, attribution, accounting or confidentiality, to use, reproduce, modify, adapt, publish, distribute and exploit that Feedback and any ideas, concepts or techniques in it, for any purpose, including to develop, market and operate products and services. Feedback is not confidential unless Ordinal agrees otherwise in writing signed by Ordinal. You represent that you have the right to grant this licence and that your Feedback does not include information that is confidential to a third party.

This section applies to unsolicited product suggestions and nothing else. As section 1 provides, a support request, a fault, incident or security report, a deletion or data subject request, a dispute, and anything containing your Customer Content, confidential information or personal data are not Feedback, are not licensed under this section, and are handled under sections 11 and 16 and the Privacy Policy. Reporting a failure to Ordinal does not give Ordinal any licence to what you report.

10Customer Content and ownership

10.1 You retain ownership

As between you and Ordinal, you retain all right, title and interest, including all Intellectual Property Rights, in and to Customer Content, including the Results. Submitting a Job transfers no ownership to Ordinal, and nothing in this Agreement gives Ordinal any proprietary claim to your projects, renders, builds, outputs or anything you create with them.

10.2 Your representations

You represent and warrant that you own or have all rights, consents, licences and permissions necessary for Customer Content to be transferred to, stored on, cached by, executed on and returned from the Ordinal Machines as contemplated by this Agreement, including where Customer Content contains third party material or personal data, and that doing so does not and will not infringe or misappropriate any third party right or breach any Applicable Law or contractual duty of confidence owed by you.

10.3 Your copies

The Service is not a backup, archival or storage service. You are solely responsible for maintaining independent copies of Customer Content. You must not treat any material held on the Ordinal Machines as your only copy of anything.

11Licence granted to Ordinal

11.1 Operational licence

To operate the Service at all, Ordinal requires permission to handle Customer Content. You grant Ordinal a non‑exclusive, worldwide, royalty‑free licence, for the term of this Agreement and for so long afterwards as Ordinal holds the material for the purposes described below, to host, store, copy, transmit, transcode where technically necessary, cache, deduplicate, index, scan for security and abuse, execute, process, display back to you and return Customer Content and Results, and to authorise Ordinal’s infrastructure and hosting providers to do the same solely on Ordinal’s behalf.

11.2 Purpose limitation

That licence exists for a defined set of purposes and no others: operating, maintaining and securing the Service; executing the Jobs you submit and returning the Results; serving the cache described in section 11.4; diagnosing and resolving faults; preventing abuse; and complying with Applicable Law. It endures only so long as the material is held for those purposes, and no longer.

11.3 What Ordinal will not do

• Ordinal will not use Customer Content or Results to train machine learning models.
• Ordinal will not sell Customer Content or Results.
• Ordinal will not use them to build a product that competes with you.

Subject to sections 11.1, 11.2 and 11.4, Ordinal will not disclose Customer Content or Results other than: to the infrastructure, hosting and operational service providers required to operate, secure, diagnose and support the Service, and to professional advisers, in each case acting on Ordinal’s behalf or under a duty of confidence; where Applicable Law or lawful process requires or permits disclosure, or where disclosure is reasonably necessary to enforce this Agreement, to investigate a suspected breach of it, to protect the rights, property or safety of Ordinal, its users or the public, or to establish, exercise or defend legal claims; where your Account belongs to a team, to the people administering that team, who can see what is run on it; at your direction or with your consent; and where the Service changes hands, in which case the material transfers with it under the same policy. The Privacy Policy describes these recipients by role, and section 2.7 notwithstanding, the Privacy Policy governs disclosure of Customer Content whether or not it constitutes personal data.

11.4 Caching and deduplication

The Service stores the inputs and Results of completed work so that repeat work can be answered without executing it again. The observable behaviour is this: where the same work has already been performed, the stored Result may be served from the cache instead of being recomputed, and identical content may be stored once rather than many times. That is what makes a repeat run fast and a changed project inexpensive to transfer. You consent to this processing, and you acknowledge that it is a necessary characteristic of the Service.

Whether a stored Result can be served in answer to work submitted through a different Account depends on the design of the build you are running. This Agreement does not represent that the cache is partitioned by Account, and it does not represent that cached material is pooled across Accounts. Section 11.3 is expressly subject to this section, so caching and deduplication as described here are not a breach of it. If the answer is material to you for particular material, ask at hello@ordinalcomputer.com before you boost it, and leave Boost disabled for that material until you have the answer.

11.5 Retention and deletion

Cached content is retained only so long as it remains useful for executing your work and serving the cache, and is removed when it is no longer needed for either. Ordinal does not commit to a fixed retention period during the beta, and you should not plan around one.

If you want the Customer Content Ordinal holds for you removed, write to hello@ordinalcomputer.com and Ordinal will remove what it still holds. Do not rely on any particular control in the App for this; email always works. Removal is not instantaneous everywhere at once: copies may persist in caches and in ordinary operational backups until they expire or are overwritten in the normal course, and Ordinal may retain material where retention is required for security, abuse prevention, the establishment or defence of legal claims, or compliance with Applicable Law. If you require that work be kept off the Ordinal Machines entirely, leave Boost disabled for it.

11.6 Transmission

Customer Content transmitted to the Ordinal Machines travels over an encrypted connection. Section 18.3 applies to the security of the Service generally.

12Acceptable use

12.1 Purpose of the Ordinal Machines

The Ordinal Machines exist to execute your renders, exports, builds and test suites. They are made available for that purpose and for no other.

12.2 Prohibited conduct

You must not, and must not permit any User or third party to, use the Service to:

• do anything unlawful, or facilitate, encourage or assist any person in doing anything unlawful;
• mine cryptocurrency, farm tokens, or perform any other work whose purpose is to generate value from the compute itself rather than from your project;
• attack, probe, scan, penetration test, deny service to, credential stuff, spam, or attempt unauthorised access to any system, network or account, whether Ordinal’s or any third party’s;
• process material you have no right to process, or transmit files you do not own or are not licensed to use, or whose transmission to a third party for processing is not permitted;
• produce or distribute child sexual abuse material, content that sexualises minors, or material whose purpose is to harass, threaten, defame or stalk a specific person;
• produce or distribute malware, ransomware, exploit kits, botnet infrastructure, or tooling whose predominant purpose is unauthorised access to systems or data;
• infringe or misappropriate the Intellectual Property Rights, privacy rights, publicity rights or confidential information of any person;
• break, evade, probe or overload Ordinal’s quotas, metering, isolation, sandboxing, rate limiting or caching, or interfere with any other customer’s use of the Service;
• impair, disrupt or impose an unreasonable or disproportionate load on the Service or the Ordinal Machines, including through automated submission at a volume the Service was not offered to sustain;
• execute work on behalf of another person in a manner that conceals that person’s identity from Ordinal, or evade a suspension or termination previously imposed; or
• misrepresent your identity or affiliation, or falsify the origin of any Customer Content.

12.3 Regulated content

If you handle content that carries specific legal duties, including protected health information, government classified or export‑controlled technical data, payment card data, biometric identifiers, or the personal data of children, you must not put it through the Service unless Ordinal has agreed in writing that it may be. Ordinal is not a business associate, a processor of record under a separate data processing agreement, or a service provider under any sectoral regime unless it has expressly agreed to be in writing.

12.4 Enforcement

Ordinal may investigate any suspected breach of this section and may, in its sole discretion, throttle, terminate or refuse a Job, remove or disable access to Customer Content, and suspend or terminate a project, a User or an Account, in each case with or without notice where the risk, in Ordinal’s judgement, is immediate or the conduct is unlawful. Ordinal may cooperate with law enforcement and may disclose information in response to lawful process. Ordinal exercises the rights in this section in good faith and in accordance with this Agreement. Subject always to section 19.4, exercise of these rights does not give rise to liability to you, and does not limit any other remedy available to Ordinal.

13Reports of abuse and claimed infringement

To report abuse of the Service, or to notify Ordinal that material processed through it infringes your rights, write to hello@ordinalcomputer.com. Your notice should identify the material with enough specificity for Ordinal to locate it, identify the right you say has been infringed, explain the basis on which you hold or represent the holder of that right, give contact details at which you can be reached, and confirm that the statements in the notice are accurate.

Ordinal reviews reports it receives and may act on them in its sole discretion, including by removing or disabling material, terminating a Job, or suspending or terminating an Account. Ordinal does not undertake to review or act on any particular report, and does not commit to a response time. Ordinal may forward a notice, including the identity of the complainant, to the person responsible for the material. Ordinal terminates, in appropriate circumstances and in its sole discretion, the Accounts of users who repeatedly infringe the rights of others.

If you believe material was removed in error, you may write to the same address setting out why, and Ordinal may restore it. The process described in this section is a voluntary one. It is not a statutory procedure, it does not create any right or remedy, it does not limit any right or remedy either party may have under Applicable Law, and it is not a substitute for any statutory procedure you may wish to invoke.

14Third Party Software and open source

When you submit a Boosted Job, the Service executes Third Party Software on your behalf, such as a renderer, a compiler or a test runner. You are solely responsible for holding every licence that software requires for the way you are using it, including any licence term that treats execution on a remote machine differently from execution on your own device.

The Ordinal Machines may have common development and rendering tools available so that Jobs can run. Ordinal grants you no licence to any Third Party Software, does not distribute it to you, makes no representation about it, and is not responsible for its behaviour, availability, output or licence compliance. If you are unsure whether a tool you rely on may be executed in this way, check its licence before you boost the Job.

The App includes open source components. Those components are licensed to you under their own licences and not under section 7, and where such a licence grants you a right that section 7 withholds, that licence prevails to the extent of the conflict. A list of those components and their licences is available on request from hello@ordinalcomputer.com.

The Service may link to or interoperate with third party sites and services. Ordinal does not control them, does not endorse them, and is not responsible for them or for any loss arising from your use of them.

15Fees and billing

The Service is provided free of charge during the beta. There is no paid plan, no billing system and no payment processor. Nothing is charged and nothing is metered for money today.

If Ordinal introduces a paid plan, it will be governed by separately published terms covering price, billing period, inclusions, cancellation and the treatment of amounts already paid. This section will be updated and the new version posted here before any charge is made, and no charge will be made for use that occurred while the Service was free. Any fees later charged are exclusive of taxes, and you are responsible for all applicable taxes other than taxes on Ordinal’s net income.

16Privacy

Ordinal’s handling of personal data is described in the Privacy Policy, which is incorporated into and forms part of this Agreement. Where the Privacy Policy and this document describe the same handling differently, the Privacy Policy governs as to personal data.

One commitment is repeated here because it is material to this Agreement as well as to that one: Ordinal does not use your files, your commands or your Results to train machine learning models.

What is collected, why, how long it is retained, who else receives it and how it is protected are set out in the Privacy Policy and are not restated here, so that the two documents cannot drift apart.

17Suspension and termination

17.1 Termination by you

You may terminate this Agreement at any time by ceasing all use of the Service and uninstalling the App. Sections identified in section 28.6 survive that termination.

17.2 Suspension and termination by Ordinal

Subject always to section 19.4, and acting in good faith, Ordinal may, in its sole discretion, with or without cause, with or without notice, and, subject always to section 19.4, without liability to you or any third party, suspend, restrict or terminate your access to the Service, any Account, any project or any Job, including where Ordinal believes you have breached this Agreement, where Applicable Law or lawful process requires it, where your use presents a risk to the Service, to the Ordinal Machines or to other customers, where an Account has been inactive, or where Ordinal ceases to offer the Service or any part of it. Where it is reasonable in the circumstances to give notice first, Ordinal will endeavour to do so, but it is not obliged to.

17.3 Effect of termination

On termination or expiry, the licence in section 7.1 terminates immediately, you must cease all use of the Service and uninstall the App, and Ordinal may, acting in good faith, delete Customer Content it holds for you. Subject always to section 19.4, Ordinal does not undertake to retain Customer Content for any period after termination, and, subject always to section 19.4, has no liability for deleting it. Retain your own copies as you go. If something on the Ordinal Machines is still needed, write promptly to hello@ordinalcomputer.com and Ordinal will use reasonable efforts to return what it still holds, to the extent it is able to do so. That is an undertaking of reasonable efforts and not a guarantee of recovery.

17.4 Refunds

Nothing is charged today, so there is nothing to refund. If a paid plan exists later, its published terms will govern the treatment of any unused period on termination.

18Disclaimer of warranties

18.1 As is

Except for the express undertakings stated in sections 3.3, 11.2, 11.3 and 11.6, which are the only express undertakings Ordinal gives about the Service and which are given subject to sections 19 and 21, THE SERVICE, THE APP, THE ORDINAL MACHINES, THE SITE, THE DOCUMENTATION AND ALL RESULTS ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, however you obtained the App.

18.2 Exclusion of implied terms

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ORDINAL AND ITS LICENSORS AND SUPPLIERS DISCLAIM ALL WARRANTIES, CONDITIONS, REPRESENTATIONS AND TERMS, WHETHER EXPRESS, IMPLIED, STATUTORY OR ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON‑INFRINGEMENT, QUIET ENJOYMENT, ACCURACY, SYSTEM INTEGRATION, AND ANY WARRANTY ARISING FROM THE PROVISION OF SUPPORT.

18.3 No warranty of operation or security

Subject always to section 19.4, Ordinal does not warrant that the Service will be uninterrupted, timely, secure, error‑free or free of harmful components, that any defect will be corrected, that any Job will start or complete, that any Result will be accurate, complete, reproducible or equivalent to one produced locally, or that Customer Content will not be lost, altered or rendered inaccessible. No method of transmission or storage is completely secure, and Ordinal does not warrant that the Service cannot be compromised.

18.4 No advice

No advice or information, oral or written, obtained from Ordinal or through the Service creates any warranty not expressly stated in this Agreement.

18.5 Mandatory law

Some jurisdictions do not allow the exclusion of certain warranties or of implied statutory terms. To that extent, the exclusions in this section apply to you only so far as Applicable Law permits, and you may have rights that this Agreement cannot take away. Nothing in this section limits or excludes any warranty or right that cannot lawfully be limited or excluded.

19Limitation of liability

19.1 Excluded categories of loss

SUBJECT ALWAYS TO SECTION 19.4, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ORDINAL AND ITS AFFILIATES, LICENSORS, SUPPLIERS AND PERSONNEL WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF BUSINESS, LOSS OF ANTICIPATED SAVINGS, LOSS OF GOODWILL OR REPUTATION, BUSINESS INTERRUPTION, COMPUTE TIME, OR THE COST OF SUBSTITUTE SERVICES, AND IN PARTICULAR WILL NOT BE LIABLE FOR ANY LOSS, CORRUPTION, DELETION OR INACCESSIBILITY OF DATA, FILES, PROJECTS OR RESULTS, IN EACH CASE SUBJECT ALWAYS TO SECTION 19.4, and in each case however otherwise caused, on any theory of liability, whether in contract, tort including negligence, strict liability or otherwise, and whether or not Ordinal was advised of, or should have foreseen, the possibility of such loss.

This section does not exclude liability for the matters listed in section 19.4, and nothing in it is intended to, or does, exculpate Ordinal for its own gross negligence, wilful misconduct, fraud or intentional destruction of Customer Content. Section 19.4 qualifies this section wherever it appears, including where any part of it is quoted on its own.

19.2 Aggregate cap

SUBJECT ALWAYS TO SECTION 19.4, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF ORDINAL AND ITS AFFILIATES, LICENSORS, SUPPLIERS AND PERSONNEL ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICE, FOR ALL CLAIMS IN THE AGGREGATE, WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS ACTUALLY PAID BY YOU TO ORDINAL FOR THE SERVICE IN THE TWELVE MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE FIRST SUCH CLAIM, AND (B) ONE HUNDRED UNITED STATES DOLLARS (USD 100), IN EACH CASE SUBJECT ALWAYS TO SECTION 19.4. The Service is free during the beta, so for most users that cap is one hundred dollars. This cap applies in the aggregate and not per claim, and multiple claims do not enlarge it. The cap does not apply to the liabilities listed in section 19.4.

19.3 Basis of the bargain

The allocation of risk in sections 18 and 19 is a fundamental element of the basis of the bargain between you and Ordinal, reflects the fact that the Service is provided free of charge during the beta, and applies even if a limited remedy fails of its essential purpose.

19.4 What is not excluded

This section 19.4 qualifies every exclusion, limitation, cap, disclaimer and statement of no liability in this Agreement, including sections 3.6, 12.4, 17.2, 17.3, 18, 19.1, 19.2 and 20, wherever it appears and however it is expressed. Nothing in this Agreement excludes or limits liability for:

• fraud or fraudulent misrepresentation;
• wilful misconduct;
• gross negligence;
• death or personal injury caused by negligence; or
• any other liability that Applicable Law does not permit to be excluded or limited.

Some jurisdictions do not allow the exclusion or limitation of certain damages. To that extent, the exclusions and limitations in this section apply to you only so far as Applicable Law permits, and nothing in this Agreement affects any statutory right you have that cannot be waived.

20Indemnification

20.1 Your indemnity

You will defend, indemnify and hold harmless Ordinal, its Affiliates and their respective personnel, licensors and suppliers from and against all Losses arising out of or relating to: (a) Customer Content, including any claim that it or any Result infringes or misappropriates a third party right; (b) any Job you submit or any work you execute through the Service; (c) your or any User’s breach of this Agreement, including sections 5, 10.2, 12 and 14; (d) your violation of Applicable Law or of any third party right; or (e) any dispute between you and a User or any other third party relating to the Service, except in each case to the extent the Losses arise from Ordinal’s own gross negligence, wilful misconduct, fraud or breach of this Agreement.

20.2 Conduct of the defence

Ordinal will notify you promptly of any claim for which it seeks indemnification. Ordinal is entitled, at its option and at your expense, to assume and control the defence and settlement of any such claim with counsel of its choosing, and you will cooperate reasonably at your own cost. You may participate in the defence with your own counsel at your own cost. Ordinal will not settle any such claim in a manner that imposes liability, a payment obligation or an admission of fault on you without your prior written consent, which you must not unreasonably withhold, condition or delay. You must not settle or compromise any such claim in a manner that admits fault on Ordinal’s part, imposes any obligation or payment on Ordinal, or affects any Ordinal right, without Ordinal’s prior written consent. Subject to the preceding sentences, your indemnification obligations are not reduced by Ordinal’s participation in, or assumption of, the defence.

21Time limit for claims

To the maximum extent permitted by Applicable Law, any claim or cause of action arising out of or relating to this Agreement or the Service must be commenced, whether in arbitration under section 22 or in court, within ONE (1) YEAR after the date on which the claimant first knew, or ought reasonably to have known, of the facts giving rise to the claim, failing which it is permanently barred. This section does not apply where Applicable Law prohibits the shortening of the limitation period, in which case the shortest period that law permits applies instead, and it does not apply to the liabilities listed in section 19.4.

22Dispute resolution, arbitration and class action waiver

Please read this section carefully. It requires most disputes to be resolved by individual binding arbitration rather than in court, and it waives your right to participate in a class action. You may opt out of this section within 30 days under section 22.10, and opting out will not affect any other part of this Agreement or your use of the Service.

22.1 Informal resolution first

Before commencing arbitration, the party raising a dispute must send a written notice of dispute describing the dispute and the relief sought, to hello@ordinalcomputer.com if sent by you, or to the email address on your Account if sent by Ordinal or, where Ordinal holds no email address for you, by a notice posted in the App or prominently on the Site. The parties will attempt in good faith to resolve the dispute for 30 days after that notice. This step is a condition precedent to arbitration, and the limitation period in section 21 is tolled while it runs.

A notice of dispute sent by you is effective on sending, your own record of having sent it is sufficient proof that it was sent, and Ordinal will acknowledge receipt. If Ordinal does not acknowledge a notice of dispute within 30 days, this condition precedent is satisfied and you may proceed.

22.2 Agreement to arbitrate

Except as set out in sections 22.5 and 22.10, you and Ordinal agree that any dispute, claim or controversy between you and Ordinal, or between you and any of Ordinal’s Affiliates, Personnel, licensors or suppliers, arising out of or relating to this Agreement or the Service, including its formation, interpretation, breach, termination, validity or enforceability, and whether based in contract, tort, statute, fraud or any other legal theory, will be resolved by final and binding individual arbitration and not in court, except as provided below. Ordinal’s Affiliates, Personnel, licensors and suppliers may enforce this section 22 as if party to this Agreement, and section 28.8 gives them that right.

22.3 Federal Arbitration Act

This section evidences a transaction involving interstate commerce, and the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq., governs the interpretation and enforcement of this section 22, including the question whether a dispute is subject to arbitration. Issues relating to the scope and enforceability of this section, other than the enforceability of the class action waiver in section 22.6, are for the arbitrator to decide.

22.4 Seat, forum and procedure

The seat and place of arbitration is New York, New York. The arbitration will be conducted before a single arbitrator and administered by the American Arbitration Association. Where you are an individual acting for personal, family or household purposes, the AAA Consumer Arbitration Rules apply. In every other case, the AAA Commercial Arbitration Rules apply, together with the Expedited Procedures of those rules where the amount in dispute falls within their scope. Those rules are available from the administrator. If the American Arbitration Association is unwilling or unable to administer the arbitration, JAMS will administer it under its Streamlined Arbitration Rules or its Comprehensive Arbitration Rules, whichever its own consumer or commercial rules make applicable to a claim of that size. If neither administrator is willing or able to act, either party may apply to a court of competent jurisdiction under 9 U.S.C. § 5 to appoint the arbitrator. The identity of the administrator is not integral to this section 22, and the unavailability of an administrator does not defeat the agreement to arbitrate. Unless the parties agree otherwise, a claim that can fairly be determined on documents will be determined on documents, and any hearing will be held in the county where you reside, by videoconference, or by telephone, at your election. The arbitrator may award any individual relief, including statutory damages and attorneys’ fees where a statute provides for them, that a court could award to that individual claimant. The award is final and binding, and judgment on it may be entered in any court of competent jurisdiction.

22.5 Carve‑outs

This section 22 does not apply to, and does not prevent:

• Small claims. Either party may bring an individual claim in a small claims court of competent jurisdiction, so long as the claim remains in that court and on an individual basis.
• Intellectual property and confidential information. Either party may seek temporary or preliminary injunctive or other equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement or misappropriation of its Intellectual Property Rights, or unauthorised disclosure of its confidential information. This carve‑out is available to each party on the same terms.
• Any claim that Applicable Law does not permit to be submitted to arbitration.
• Public injunctive relief. Nothing in this section 22 waives any right to seek public injunctive relief where that waiver is unenforceable under Applicable Law. If a claim for public injunctive relief is found not to be waivable or not to be arbitrable, that claim alone is severed and heard in the courts identified in section 24, and the remaining claims are arbitrated.

22.6 Class action waiver

YOU AND ORDINAL AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF, CLAIMANT OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate the claims of more than one person and may not preside over any form of representative or class proceeding. The enforceability of this section 22.6 is for a court and not the arbitrator to decide. If this section 22.6 is found unenforceable as to a particular claim or request for relief, that claim or request will be severed from the arbitration and heard in the courts identified in section 24, and all other claims will be arbitrated.

22.7 Arbitration costs

Ordinal will pay the arbitration filing, administrative and arbitrator fees for which it is responsible under the rules designated in section 22.4. In addition, for an individual claim brought by a consumer, Ordinal will pay the filing, administrative and arbitrator fees that would otherwise be payable by you, whatever the amount in dispute. That undertaking is not conditional on any finding about the enforceability of this section. Each party otherwise bears its own attorneys’ fees and costs, except where a statute or the arbitrator’s award provides otherwise. Nothing in this section requires you to bear a cost of arbitration that would be prohibitive relative to bringing the claim in court.

22.8 Coordinated filings

Where 25 or more demands for arbitration raising substantially similar claims are filed against Ordinal by or with the coordination of the same counsel or the same organisation, the demands will be administered in staged batches of no more than 10 at a time, in the order in which they were filed. Filing, administrative and arbitrator fees fall due only for the batch then pending. The limitation period in section 21, and any applicable statute of limitations, is tolled for every demand in the group from the date the first demand in the group is filed until that demand’s own batch concludes. If a court or the administrator declines to give effect to this section 22.8, it is severed and the remainder of section 22 continues in force.

22.9 Confidentiality of the proceeding

Each party will keep the existence and content of the arbitration, including the award, confidential. This obligation is mutual and binds Ordinal on the same terms as it binds you. It does not apply to the extent disclosure is required by Applicable Law, is necessary to enforce or challenge the award, or is necessary for a party to obtain legal, accounting or insurance advice. It also does not restrict you from disclosing the existence or content of the arbitration to another claimant or prospective claimant against Ordinal, to that person’s counsel, or to a court, regulator, supervisory authority or law enforcement agency. Nothing in this section prevents either party from making a disclosure that Applicable Law protects from restriction.

22.10 Your right to opt out

You may opt out of this section 22, including the arbitration agreement and the class action waiver, by sending an email to hello@ordinalcomputer.com with the subject line “Arbitration Opt‑Out” within THIRTY (30) DAYS after the date on which you first accept these Terms under section 2.1 or, if later, within 30 days after Ordinal posts a material change to this section 22. Your email must state your name, an email address or Account identifier sufficient for Ordinal to identify your use of the Service, and that you are opting out of the arbitration agreement. One opt‑out may be sent for each Account or each user. That is the only step required. An opt‑out may be sent by you or by anyone you authorise to send it on your behalf, including your attorney, and it is not made ineffective by the fact that other users have sent one.

An opt‑out is effective on sending, your own record of having sent it is sufficient proof that it was sent, and Ordinal will acknowledge receipt. Opting out is free, will not affect your access to the Service, and will not affect any other provision of this Agreement. If you opt out, section 24 governs the resolution of disputes between you and Ordinal. Where Ordinal cannot establish the date on which you accepted these Terms, an opt‑out is treated as timely.

22.11 Survival and severability

This section 22 survives termination of this Agreement and the closure of your Account. If any part of this section other than section 22.6 is found unenforceable, that part is severed and the remainder of this section 22 continues in force.

23Waiver of jury trial

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AND ORDINAL EACH KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICE. This waiver applies to any proceeding heard in court, including a proceeding severed from arbitration under section 22.6 and a proceeding brought by a party that has opted out under section 22.10. It does not apply where Applicable Law does not permit a pre‑dispute waiver of jury trial, in which case this section has no effect and the remainder of this Agreement is unaffected.

24Governing law and venue

This Agreement, and any dispute arising out of or relating to it or the Service, is governed by the laws of the State of New York and, where applicable, the federal law of the United States, without regard to conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act do not apply.

For any proceeding not subject to arbitration under section 22, including a proceeding severed under section 22.6, a proceeding brought by a party that has opted out under section 22.10, and an application for the relief carved out by section 22.5, the state and federal courts located in New York County, New York have exclusive jurisdiction, and each party irrevocably consents to that jurisdiction and waives any objection based on venue or forum non conveniens. The small claims carve‑out in section 22.5 is not affected by this paragraph.

If you access the Service from outside the United States, you do so on your own initiative and are responsible for compliance with local law. Where the law of your place of residence confers consumer rights or a mandatory forum that cannot be varied by agreement, this section does not deprive you of them.

25Force majeure

Neither party is liable for any delay in, or failure of, performance caused by an event beyond its reasonable control, including an act of God, natural disaster, fire, flood, epidemic or pandemic, war, terrorism, civil unrest, labour dispute, act or order of government, embargo or sanction, failure or degradation of a network, power, internet or infrastructure provider, cyber attack, denial of service attack, or shortage of hardware or compute capacity. This section does not excuse either party’s payment obligations.

26Assignment

You may not assign, delegate, novate or otherwise transfer this Agreement or any right or obligation under it, in whole or in part, by operation of law or otherwise, without Ordinal’s prior written consent, and any attempted transfer without that consent is void.

Ordinal may freely assign, delegate, novate or otherwise transfer this Agreement, in whole or in part, without notice or consent, including to an Affiliate, to an entity formed or designated to operate the Service, and in connection with a merger, acquisition, reorganisation, change of control, or sale of all or substantially all of the assets or business to which this Agreement relates. This Agreement binds and benefits the parties and their permitted successors and assigns.

27Modifications to these Terms

Ordinal may modify this Agreement at any time. When it does, it will change the date at the head of this page and post the revised version here. The revised version takes effect on posting, except as set out below.

Where a modification materially reduces your rights or materially increases your obligations, Ordinal will give reasonable prior notice by email to the address on your Account, through the App, or, where Ordinal holds no email address for you, by a notice posted prominently on the Site, before it takes effect. A material change to section 22 opens a fresh 30 day opt‑out window under section 22.10.

A modification applies prospectively only. No modification of this Agreement applies to a claim or dispute that accrued, or that arose out of events that occurred, before the modification took effect, and no modification applies to a dispute of which either party has given notice under section 22.1 before the modification took effect. In particular, sections 19, 20, 21, 22 and 23 as in force at the time of the events giving rise to a claim govern that claim, whatever Ordinal posts afterwards. Ordinal has no right to alter the resolution of an existing dispute by posting a revised version of this Agreement.

If you do not accept a modification, your remedy is to stop using the Service before it takes effect. Your continued access or use of the Service after a modification takes effect constitutes acceptance of the modified Agreement.

28General provisions

28.1 Entire agreement

This Agreement, including the Privacy Policy and any additional terms published for a specific feature, is the entire agreement between you and Ordinal regarding the Service, and supersedes all prior or contemporaneous understandings, proposals, representations and communications on that subject, whether oral or written. You confirm that you have not relied on any statement, representation or assurance not expressly set out in this Agreement. Nothing in this section limits liability for fraudulent misrepresentation.

28.2 Severability

If any provision of this Agreement is held invalid, illegal or unenforceable, it will be modified to the minimum extent necessary to make it enforceable while preserving the parties’ intent, or, if that is not possible, severed, and the remaining provisions continue in full force. Section 22.6 is governed by section 22.6 rather than by this section.

28.3 No waiver

No failure or delay by either party in exercising a right or remedy is a waiver of it, and no single or partial exercise precludes any further exercise. A waiver is effective only if made in writing and signed by the waiving party, and applies only to the instance specified.

28.4 Mandatory rights preserved

Nothing in this Agreement operates to exclude, restrict or modify any right, guarantee, warranty or remedy conferred on you by Applicable Law that cannot lawfully be excluded, restricted or modified by agreement. Where a provision of this Agreement would do so, that provision applies to you only to the extent Applicable Law permits, and the remainder of this Agreement is unaffected.

28.5 Notices and electronic communications

You consent to receive communications from Ordinal electronically, including by email to the address on your Account and by notice posted in the App or on the Site, and you agree that electronic communications, agreements and notices satisfy any legal requirement that they be in writing. Notices to Ordinal, including formal legal notices, must be sent to hello@ordinalcomputer.com. A notice is deemed given on the day it is sent, or on the next business day if sent outside business hours, and the sender’s own record of having sent a notice is sufficient proof that it was sent. Where Ordinal holds no email address for you, a notice from Ordinal may be given by posting it in the App or prominently on the Site, and is deemed given on posting. You are responsible for keeping your email address current, where you have given one.

28.6 Survival

Sections 1, 2.4, 5.2, 6.3, 7.2, 7.3, 8, 9, 10, 11.1 to 11.5, 12.4, 13, 14, 15, 16, 17.3, 18, 19, 20, 21, 22, 23, 24, 26, 28 and 29, and any other provision that by its nature should survive, survive termination or expiry of this Agreement.

28.7 Relationship of the parties

The parties are independent contractors. This Agreement creates no partnership, joint venture, agency, fiduciary or employment relationship, and neither party may bind the other.

28.8 No third party beneficiaries

This Agreement is for the benefit of you and Ordinal only. There are no third party beneficiaries, except that Ordinal’s Affiliates, licensors, suppliers and Personnel may enforce sections 18, 19, 20, 21, 22 and 23 as if party to this Agreement, and may do so in their own names and in their personal capacities. That right exists whether or not Ordinal is itself a party to the proceeding.

28.9 Headings, interpretation and language

Headings and section numbers are for convenience only and do not affect interpretation. “Including” means including without limitation. This Agreement is made in English, and any translation is provided for convenience only; the English version governs.

28.10 Equitable relief

You acknowledge that a breach of section 7.2, section 8 or section 12 may cause Ordinal irreparable harm for which damages are an inadequate remedy, and that Ordinal is entitled to seek injunctive or other equitable relief for such a breach without posting a bond, in addition to any other remedy available to it. That relief is sought in arbitration under section 22 except where section 22.5 permits it to be sought in court. This section does not enlarge the carve‑outs in section 22.5.

28.11 Government end users

The App is commercial computer software and the Documentation is commercial computer software documentation. Any use, duplication or disclosure by or on behalf of a United States government end user is subject to the restrictions in this Agreement and to the applicable federal acquisition regulations governing commercial items.

29Contact and notices

Questions about this Agreement, notices of dispute under section 22.1, arbitration opt‑outs under section 22.10, abuse reports and claimed infringement notices under section 13, deletion requests under section 11.5, and all other formal legal notices should be sent to hello@ordinalcomputer.com. Ordinal is operated from New York City. Email to that address is a valid and sufficient means of giving any notice required by this Agreement, including a notice of dispute under section 22.1 and an opt‑out under section 22.10. Such a notice is effective on sending, the sender’s own record of having sent it is sufficient proof that it was sent, and Ordinal will acknowledge receipt. Ordinal will provide a postal address for service on reasonable request made to that address, and no condition precedent in this Agreement is treated as unsatisfied because a postal address had not been provided.

Ordinal also operates an Ordinal Discord and a LinkedIn page. Those are good places to ask a question about the product. They are not channels for legal notice, and nothing posted there varies this Agreement.