Marcel Beta Testing Disclaimer

Beta Program Notice

Welcome to the beta testing program for Marcel, an art inventory and databasing platform owned and operated by Tabula LLC, a joint venture between Goodmachine AI LLC and the New Art Dealers Alliance (NADA). By accessing or using Marcel during this beta testing phase, you acknowledge and agree to the following terms:

Platform Status

Marcel is currently in its Minimum Viable Product (MVP) stage. The platform is provided primarily for testing and development purposes and may contain bugs, errors, incomplete features, or instabilities. Features and functionality are subject to change, modification, or removal without notice during the beta testing period.

Pending Legal Documentation

Tabula LLC has drafted comprehensive Terms of Use and a Privacy Policy for Marcel, which are currently undergoing final review and editing. While these documents are pending finalization, this Beta Testing Disclaimer governs your use of the platform. Upon finalization, you will be notified and asked to review and accept the complete Terms of Use and Privacy Policy.

"AS IS" Provision and Limitations of Liability

Marcel is provided "AS IS" and "AS AVAILABLE" without warranties of any kind, whether express or implied. This includes, but is not limited to, warranties of merchantability, fitness for a particular purpose, accuracy, completeness, or non-infringement. You use Marcel at your own risk.

Tabula LLC, Goodmachine AI LLC, and the New Art Dealers Alliance (NADA) shall not be liable for:

• Data loss, corruption, or unauthorized access to artwork records, provenance information, transaction details, or any other content you upload

• Service interruptions, downtime, or platform unavailability

• Errors in data processing, record transfers, or inventory management functions

• Any direct, indirect, incidental, consequential, special, exemplary, or punitive damages arising from your use of Marcel

• Lost profits, business interruption, or damage to professional reputation

Data Protection and Privacy (Including GDPR Compliance)

For all users, including those in the European Union:

Tabula LLC is committed to protecting your personal information and complying with applicable data protection laws, including the General Data Protection Regulation (GDPR) for users in the European Economic Area. Even during beta testing, we maintain GDPR compliance from day one.

Data We May Collect During Beta Testing:

• Account information (name, email address, company name)

• Artwork details, images, provenance records, and transaction information you choose to upload

• Usage data and technical information (browser type, IP address, device information)

• Communications you send to us

Your Rights:

Beta testers have the same rights, including data protection rights, as regular users, per Marcel’s Privacy Policy and Terms of Use, including the right to:

• Access your personal data

• Correct or update inaccurate information

• Request deletion of your data ("right to be forgotten")

• Object to or restrict certain data processing activities

• Data portability

• Withdraw consent at any time

• Lodge a complaint with your local data protection authority

Data Security:

We implement reasonable organizational, technical, and administrative security measures, including encryption and secure data storage practices. However, no system is completely secure. In the event of a data breach affecting your information, we will notify you within 48 hours of becoming aware of the breach.

Data Retention:
Data collected during beta testing will be retained in accordance with our forthcoming Privacy Policy. If you wish to have your data deleted before the end of the beta period, please contact us at info@marcelhq.com.

Beta Tester Responsibilities

By participating in the beta program, you agree to:

• Not attempt to reverse engineer, decompile, or access the source code of Marcel

• Maintain the confidentiality of any non-public features or information you encounter

• Exercise caution when uploading sensitive or valuable data, understanding the platform's beta status

Acceptable Use for Art Inventory Data

Marcel is designed for managing artwork details, provenance, exhibition history, transaction records, and related documentation. During the beta phase:

• Do not upload your only copies of critical artwork documentation

• Do maintain backup records of all data uploaded to Marcel

• Understand that record transfer functionality between accounts is in development and may not function as intended

• Be aware that data accuracy, completeness, and availability cannot be guaranteed during beta testing

No Service Level Agreement

Tabula LLC makes no commitments regarding platform uptime, performance, availability, or response times during the beta testing period. We may suspend, modify, or terminate the beta program at any time without prior notice.

Changes to the Platform and Terms

Tabula LLC reserves the right to modify, suspend, or discontinue any aspect of Marcel at any time during the beta period. We may also update this Beta Testing Disclaimer as needed. Continued use of Marcel after changes constitutes acceptance of the modified terms.

Feedback and Intellectual Property

Any feedback, suggestions, bug reports, or recommendations you provide regarding Marcel become the property of Tabula LLC and may be used without compensation or attribution to improve the platform.

Third-Party Services

Marcel may integrate with or rely on third-party services for payment processing, cloud storage, authentication, or other functionality. These services are governed by their own terms and privacy policies, which you should review. Tabula LLC is not responsible for third-party service performance or data handling practices.

Governing Law and Jurisdiction

This Beta Testing Disclaimer and your use of Marcel shall be governed by the laws of New York State, without regard to conflict of law principles.

Data Transfer Notice

Marcel is controlled and operated from the United States. Your information may be stored and processed in the United States or other countries where we or our service providers operate. By using Marcel, you consent to the transfer of information outside your country of residence, which may have different data protection standards.

Minors

Marcel is not intended for use by individuals under 18 years of age. If you are under 18, do not use the platform or provide any personal information.

Contact Information

For questions, concerns, or to exercise your data protection rights, please contact:

Tabula LLC
Email: info@marcelhq.com
Subject Line: "Marcel Beta Testing"

For GDPR-related inquiries from EU users, include "GDPR Request" in your subject line.

Acknowledgment

By accessing and using Marcel, you acknowledge that you have read, understood, and agree to be bound by this Beta Testing Disclaimer. You further acknowledge that:

1. Marcel is experimental software in active development

2. You assume all risks associated with using the platform

3. Full Terms of Use and Privacy Policy are pending finalization

4. Your data protection rights are preserved and enforceable

5. You will maintain appropriate backups of all data uploaded to Marcel