Please read these Terms of Service carefully before using Markroniq's platform and services. By accessing or using our services, you agree to be bound by these terms.
These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Markroniq.com ("Markroniq," "we," "us," or "our"), a company based in North Canton, Ohio. By creating an account, accessing, or using our platform and services in any manner, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.
If you do not agree to these Terms, you must not access or use our services. If you are accessing our services on behalf of a business entity, you represent and warrant that you have the authority to bind that entity to these Terms.
Important: These Terms include an arbitration clause and class action waiver in Section 13. Please read those provisions carefully.
Markroniq provides a cloud-based customer relationship management ("CRM") and marketing automation platform that includes, without limitation, the following services:
We reserve the right to modify, expand, reduce, or discontinue any service feature at any time with reasonable notice. Material changes to the core platform functionality will be communicated via email or in-app notification.
To access Markroniq's services, you must register for an account by providing accurate, current, and complete information. You agree to promptly update your account information to keep it accurate. Providing false or misleading information may result in immediate account termination.
You are solely responsible for maintaining the confidentiality of your account credentials. You must notify us immediately at [email protected] if you become aware of any unauthorized access to or use of your account. Markroniq shall not be liable for any loss or damage arising from your failure to protect your credentials.
You may not share your account with others or create accounts for the purpose of circumventing usage limits, unless expressly permitted under your subscription plan. Each subscription plan specifies the maximum number of permitted users.
Subscription Plans. Markroniq offers several subscription tiers (Starter, Growth, Pro, and Enterprise) as described on our Pricing page. Plan features, limits, and pricing are subject to change with 30 days' prior notice to existing subscribers.
Billing Cycles. Monthly subscriptions are billed on the same calendar date each month. Annual subscriptions are billed once per year on the renewal date. All fees are charged in U.S. dollars and are exclusive of applicable taxes.
Payment Authorization. By providing a payment method, you authorize Markroniq to charge all fees associated with your subscription plan on a recurring basis until you cancel. Failed payments may result in service interruption after a 3-day grace period.
Refund Policy. Monthly plan fees are non-refundable. Annual plan fees may be refunded on a prorated basis within 30 days of the annual renewal date. All refund requests are reviewed on a case-by-case basis and must be submitted to [email protected].
Usage-Based Charges. Certain services, including outbound SMS messages and email sends beyond plan limits, may incur additional usage-based fees billed at standard carrier or platform rates. You will be notified of applicable rates before incurring such charges.
Upgrades & Downgrades. Plan upgrades take effect immediately with prorated billing. Downgrades take effect at the start of the next billing cycle.
You agree to use Markroniq's platform only for lawful purposes and in a manner consistent with all applicable federal, state, and local laws and regulations. You expressly agree not to:
Violation of this Acceptable Use Policy may result in immediate account suspension or termination without refund. Markroniq reserves the right to report violations to applicable law enforcement agencies.
Markroniq Property. All software, technology, content, trademarks, logos, trade names, and other intellectual property comprising the Markroniq platform are and remain the exclusive property of Markroniq.com and its licensors. These Terms do not grant you any ownership rights in or to the platform or its underlying technology.
Your Content. You retain full ownership of all content, data, contacts, campaigns, and materials you upload to or create within the platform ("User Content"). You grant Markroniq a limited, non-exclusive, royalty-free license to host, store, process, and display your User Content solely as necessary to provide the services.
Feedback. Any feedback, suggestions, or ideas you provide regarding our platform may be used by Markroniq without compensation or attribution.
Your use of our services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our services, you acknowledge that you have read and understood our Privacy Policy.
You are solely responsible for ensuring that your collection, use, and processing of personal data through the Markroniq platform complies with all applicable privacy and data protection laws, including GDPR, CCPA, and TCPA where applicable. You represent that you have obtained all necessary consents from your contacts to send them marketing communications.
Markroniq acts as a data processor with respect to personal data you input about your contacts. You are the data controller and remain responsible for the lawfulness of your data processing activities.
Markroniq targets 99.9% uptime for Pro and Enterprise plan subscribers (as specified in applicable Service Level Agreements). We will use commercially reasonable efforts to provide advance notice of scheduled maintenance windows that may affect service availability.
Markroniq shall not be liable for service interruptions caused by circumstances beyond our reasonable control, including force majeure events, third-party infrastructure failures, cyber attacks, or actions by governmental authorities.
Disclaimer of Warranties. THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MARKRONIQ'S TOTAL CUMULATIVE LIABILITY TO YOU ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF THE PLATFORM SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL FEES PAID BY YOU TO MARKRONIQ IN THE THREE MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).
Exclusion of Damages. IN NO EVENT SHALL MARKRONIQ BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to defend, indemnify, and hold harmless Markroniq, its officers, directors, employees, contractors, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to: (a) your violation of these Terms; (b) your User Content; (c) your use or misuse of the platform; (d) your violation of any third party's rights; or (e) your violation of any applicable law or regulation.
By You. You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of your current billing period. You remain responsible for all fees accrued prior to cancellation.
By Markroniq. We may suspend or terminate your account immediately, without prior notice or liability, if: (a) you breach any provision of these Terms; (b) your payment fails and is not resolved within the grace period; (c) we are required to do so by law; or (d) we reasonably believe your use of the platform is causing harm to other users or third parties.
Effect of Termination. Upon termination, your right to access the platform ceases immediately. We will retain your data for 90 days post-termination, during which you may request an export. After 90 days, your data will be permanently deleted from our systems.
These Terms shall be governed by and construed in accordance with the laws of the State of Ohio, United States, without regard to its conflict of law provisions. Any legal action or proceeding not subject to arbitration shall be brought exclusively in the state or federal courts located in Stark County, Ohio, and you consent to the personal jurisdiction of such courts.
Informal Resolution. Before initiating any formal dispute, you agree to first contact us at [email protected] and attempt to resolve the dispute informally. We will make good-faith efforts to resolve any issues within 30 days.
Binding Arbitration. If informal resolution fails, any dispute, controversy, or claim arising out of or relating to these Terms or the breach, termination, or validity thereof shall be settled by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules. The arbitration shall take place in Stark County, Ohio, or via remote proceedings.
Class Action Waiver: YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION AGAINST MARKRONIQ. ALL CLAIMS MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY.
Markroniq reserves the right to modify these Terms at any time. We will provide notice of material changes via email to your registered address and/or prominent in-app notification at least 14 days before the changes take effect. Your continued use of the platform after the effective date of the revised Terms constitutes your acceptance of the changes.
We encourage you to review these Terms periodically. The "Last Updated" date at the top of this page indicates when the Terms were most recently revised.
If you have any questions, concerns, or requests regarding these Terms of Service, please contact us:
Markroniq.com
North Canton, Ohio, USA
Email: [email protected]
Website: markroniq.com/contact
For legal notices or formal correspondence, please send written communication to our registered address above with attention to "Legal Department."
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