SOFTWARE AS A SERVICE AGREEMENT
BY BECOMING A MARKVISS CUSTOMER AND UTILIZING ITS SERVICES, YOU AGREE TO THIS AGREEMENT.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING MARKVISS’S SERVICES.
The following is an overview of the terms governing the use of Markviss services:
1. Markviss provides services on a subscription basis, granting you access to its software platform.
2. Your data remains your property and responsibility. Markviss will not access, use, or disclose your data without your explicit permission.
3. Access to services is contingent upon an active subscription. Refunds for paid subscriptions are not available.
4. Markviss utilizes Amazon Web Services (AWS) to securely host its system and your data. Learn more at AWS Security: https://aws.amazon.com/security/.
BY ACCESSING OR USING MARKVISS SERVICES, YOU ("THE CUSTOMER") ACCEPT AND AGREE TO THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICES.
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1. DEFINITIONS
The following definitions apply to this Agreement:
• "Customer Content" means all data and materials entered or provided by Customer to Markviss in connection with the SaaS Services.
• "Software" refers to the object code version of any software provided as part of the Service, including updates and new versions.
• "SaaS Services" refers to Markviss’s internet-accessible software hosted by Markviss or its service providers and made available to Customer on a subscription basis.
• "Subscription Term" refers to the duration during which the Customer has paid for and is granted access to the SaaS Services.
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2. SAAS SERVICES
2.1 License Grant
During the Subscription Term, Markviss grants the Customer a non-exclusive, non-transferable, worldwide license to access and use the SaaS Services solely for the Customer’s internal business purposes, subject to this Agreement.
2.2 Service Delivery
This Agreement is a services agreement. Markviss will not deliver copies of the Software to the Customer but will provide access to the hosted services.
2.3 Service Availability
Markviss will strive to maintain a service uptime of at least 99.9% per calendar month, excluding scheduled maintenance or force majeure events. Customers will be notified of maintenance in advance.
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3. RESTRICTIONS
The Customer shall not:
1. Copy, republish, or distribute the SaaS Services or Software.
2. Share access credentials or permit unauthorized users to use the SaaS Services.
3. Modify, reverse-engineer, or create derivative works based on the Software.
4. Use the services to build a competitive product.
5. Remove or obscure copyright notices or proprietary markings.
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4. CUSTOMER RESPONSIBILITIES
4.1 Compliance with Laws
Customers must comply with all applicable laws, including those related to data privacy and international communications.
4.2 Security
Customers are responsible for maintaining the confidentiality of their access credentials and must report any unauthorized use immediately.
4.3 Customer Content
Customers retain ownership of their data but are solely responsible for ensuring it complies with intellectual property laws and does not include harmful, offensive, or malicious content.
4.4 Feedback
Markviss is granted a perpetual, royalty-free license to use suggestions, enhancements, or feedback provided by the Customer for improving its services.
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5. ORDERS AND PAYMENT
5.1 Orders
SaaS Services are ordered and paid for online. All services are governed by this Agreement.
5.2 Payment Terms
Invoices must be paid within 15 days of receipt. Subscription fees are non-refundable.
5.3 Taxes
The Customer is responsible for any applicable taxes related to the services, excluding taxes on Markviss's net income.
5.4 Automatic Renewal
Subscriptions will automatically renew unless canceled in advance. Customers will receive renewal notifications 30 days prior to the renewal date.
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6. TERM AND TERMINATION
6.1 Term
This Agreement begins when the Customer creates an account and continues until terminated by either party.
6.2 Termination
Either party may terminate with 30 days' written notice. Termination for breach may occur immediately.
6.3 Data Retrieval
Upon termination, Customers may request data export within 30 days. After this period, Markviss reserves the right to delete Customer Content.
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7. WARRANTIES AND DISCLAIMERS
7.1 Service Warranty
Markviss warrants that the SaaS Services will perform materially as described in the documentation. However, Markviss does not guarantee uninterrupted or error-free service.
7.2 Disclaimer
Markviss is not liable for service interruptions caused by third-party providers, internet issues, or force majeure events.
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8. LIMITATIONS OF LIABILITY
Neither party shall be liable for:
1. Indirect, incidental, or consequential damages.
2. An aggregate liability exceeding the total subscription fees paid in the 3 months prior to the claim.
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9. CONFIDENTIALITY
Both parties agree to:
1. Protect confidential information with at least the same care used for their own information.
2. Use confidential information solely for fulfilling this Agreement.
3. Ensure confidentiality obligations survive termination for 5 years (indefinitely for software).
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10. DATA PROTECTION
10.1 Personal Data
Customers are responsible for compliance with applicable data protection laws (e.g., GDPR). Markviss processes data only as necessary to provide services.
10.2 Security
Markviss employs industry-standard security measures to protect Customer data but disclaims liability for breaches due to circumstances beyond its control.
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11. GENERAL PROVISIONS
11.1 Governing Law
This Agreement is governed by the laws of the State of Delaware.
11.2 Dispute Resolution
Any disputes shall be resolved through arbitration before initiating legal proceedings.
11.3 Force Majeure
Neither party is liable for delays or failures caused by events beyond their reasonable control, including natural disasters, strikes, or power outages.
11.4 Entire Agreement
This Agreement constitutes the entire agreement between the parties, superseding prior agreements.
11.5 Publicity
Markviss may include the Customer’s name and logo in marketing materials unless explicitly requested otherwise.
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ACCEPTANCE
BY CREATING AN ACCOUNT AND USING MARKVISS SERVICES, YOU ACCEPT AND AGREE TO THESE TERMS.