Terms of Service

Agreement and eligibility

These Terms of Service ("Terms") govern access to and use of MarkEye’s websites, applications, monitoring tools, APIs, and related services (collectively, the "Services"). By creating an account, accepting an order form, or using the Services, you agree to these Terms on behalf of yourself and, where applicable, the organization you represent.

You must have legal capacity to enter into this agreement and authority to bind the relevant organization. The Services are intended for business use and are not offered to children or consumers acting primarily for personal or household purposes.

Accounts and organizations

You must provide accurate account information, protect authentication credentials, and promptly notify us of suspected unauthorized use. You are responsible for activities conducted through your account and for assigning appropriate roles and permissions within your organization.

Organization administrators may manage users, access organization content, configure monitoring tasks, and control service settings. If you join an organization-managed account, that organization’s instructions and policies may govern your use of the Services.

The Services

MarkEye helps organizations monitor potential brand and intellectual-property risks, organize publicly available signals and customer-provided information, assess risk indicators, preserve evidence, and coordinate internal workflows. Monitoring coverage, data availability, refresh frequency, and assessment results may vary by source and configuration.

The Services support investigation and workflow management but do not provide legal advice, make final infringement determinations, guarantee the accuracy of third-party information, or guarantee removal, enforcement, recovery, or any other outcome.

Acceptable use

You must use the Services lawfully, responsibly, and only for legitimate business purposes.

• Do not monitor, collect, upload, or use information without a lawful purpose or required authorization
• Do not use the Services to harass, discriminate against, deceive, or unlawfully profile any person
• Do not interfere with service operation, bypass access controls, introduce malicious code, or conduct unauthorized security testing
• Do not resell, sublicense, reverse engineer, scrape, or copy the Services except as expressly permitted in writing
• Do not use monitoring results as the sole basis for legal or other materially adverse action without appropriate human review
• Do not violate third-party platform rules, intellectual-property rights, privacy rights, or applicable law

Customer data and monitoring instructions

You retain ownership of data, instructions, configurations, and materials you submit to the Services ("Customer Data"). You grant MarkEye a limited right to host, process, transmit, reproduce, and display Customer Data solely as necessary to provide, secure, support, and improve the Services in accordance with these Terms and our Privacy Policy.

You are responsible for the legality, accuracy, and sufficiency of your monitoring instructions and Customer Data, including keywords, allowlists, evidence, and user access decisions. You must obtain all notices, permissions, and legal bases required for MarkEye to process Customer Data on your behalf.

Intellectual property

MarkEye and its licensors retain all rights in the Services, software, designs, documentation, models, workflows, and related technology. Except for the limited right to use the Services during an active subscription, no license or ownership right is transferred to you.

If you provide feedback, you grant us a worldwide, perpetual, irrevocable, royalty-free right to use it without restriction or attribution. We will not identify you publicly as the source of feedback without permission.

Third-party services and public sources

The Services may interact with third-party platforms, websites, APIs, infrastructure, or content. Those services are controlled by their respective providers and may change, restrict access, contain errors, or become unavailable. MarkEye is not responsible for third-party services or for content supplied by third parties.

Links, snapshots, and monitoring records do not imply endorsement or a final legal conclusion. You are responsible for independently reviewing relevant source material before taking enforcement or other consequential action.

Fees and taxes

Fees, usage limits, billing periods, renewal terms, and payment obligations are described in the applicable plan or order form. Unless stated otherwise, fees are non-refundable and exclusive of taxes. You authorize us or our payment provider to charge amounts due using the selected payment method.

We may suspend paid features after reasonable notice if undisputed amounts remain overdue. Changes to subscription pricing apply at renewal unless otherwise agreed in writing.

Confidentiality

Each party may receive non-public information that a reasonable person would understand to be confidential. The receiving party will use confidential information only to perform or exercise rights under the agreement and will protect it using reasonable care. These obligations do not apply to information that is public through no breach, already lawfully known, independently developed, or rightfully received without restriction.

Suspension and termination

We may suspend access when reasonably necessary to address a security risk, unlawful use, material breach, non-payment, or harm to the Services or third parties. Where practical, we will provide notice and an opportunity to cure.

Either party may terminate as stated in an order form or if the other party materially breaches the agreement and does not cure within a reasonable notice period. Upon termination, your right to use the Services ends. Provisions that by nature should survive—including payment, confidentiality, intellectual property, disclaimers, liability limits, and dispute provisions—remain effective.

Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." MARKEYE DISCLAIMS IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

WE DO NOT WARRANT THAT MONITORING WILL IDENTIFY EVERY RISK, THAT ASSESSMENTS OR THIRD-PARTY DATA WILL BE COMPLETE OR ERROR-FREE, OR THAT THE SERVICES WILL BE UNINTERRUPTED. YOU REMAIN RESPONSIBLE FOR PROFESSIONAL JUDGMENT, LEGAL REVIEW, AND ENFORCEMENT DECISIONS.

Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, GOODWILL, OR DATA, EVEN IF ADVISED OF THE POSSIBILITY.

EXCEPT FOR AMOUNTS THAT CANNOT LAWFULLY BE LIMITED, EACH PARTY’S AGGREGATE LIABILITY ARISING OUT OF THE SERVICES WILL NOT EXCEED THE AMOUNTS PAID OR PAYABLE FOR THE SERVICES DURING THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY. Applicable law may provide rights that cannot be excluded, and these limitations apply only to the extent permitted.

General terms

The applicable order form, these Terms, the Privacy Policy, and any incorporated service-specific terms form the entire agreement and supersede prior discussions about the Services. An order form controls if it expressly conflicts with these Terms.

Neither party may assign the agreement without the other party’s consent, except in connection with a merger, reorganization, sale of substantially all relevant assets, or transfer to an affiliate. Neither party is liable for delay caused by events beyond reasonable control. If any provision is unenforceable, the remaining provisions remain in effect.

The governing law and dispute forum are those stated in the applicable order form. If no order form specifies them, they will be determined by the mandatory rules applicable to the MarkEye contracting entity. Notices may be delivered electronically. Questions about these Terms may be submitted through the support channel in your account.