Terms of Use

Agreement between User and MarkIt

Welcome to https://www.markit-usa.com. This website and the MarkIt mobile application (collectively, the “Service”) are operated by MarkIt (“MarkIt,” “we,” “us,” or “our”). The Service is offered to you conditioned on your acceptance, without modification, of the terms, conditions, and notices contained herein (the “Terms”). Your use of the Service constitutes your agreement to all such Terms. Please read these Terms carefully and keep a copy for your reference.

MarkIt provides a field-sales customer relationship management (CRM) platform designed for door-to-door and home-services sales teams. The Service enables field representatives to track prospects and customers, log sales activity, manage leads, import contact records, and collaborate with team members.

Privacy

Your use of the Service is subject to MarkIt’s Privacy Policy. Please review our Privacy Policy, which also governs the Service and informs users of our data collection practices.

Account Registration

To access certain features of the Service you must register for an account. You agree to: (a) provide accurate, current, and complete information during registration; (b) maintain and promptly update your account information; (c) maintain the security and confidentiality of your login credentials; (d) accept all risk of unauthorized account access resulting from your failure to keep credentials secure; and (e) immediately notify MarkIt of any unauthorized use of your account.

You are responsible for all activity that occurs under your account. MarkIt reserves the right to suspend or terminate accounts that contain false information or that are used in violation of these Terms.

Subscription and Payment

Access to the MarkIt platform requires an active paid subscription. Subscriptions are billed on a recurring basis (monthly or annually, as selected at checkout) at the then-current rate per licensed user. All fees are due in advance and are non-refundable except as expressly stated in the Cancellation and Refund section below.

You authorize MarkIt (and its payment processor, Stripe) to charge your payment method on file at the start of each billing period. If a payment fails, MarkIt may suspend or restrict access to the Service until payment is received. Prices are subject to change with at least 30 days’ notice to the email address on file.

Cancellation and Refund Policy

You may cancel your subscription at any time through your account portal or by contacting support. Upon cancellation, your subscription remains active through the end of the current paid billing period, after which access to the Service will end. MarkIt does not provide pro-rated refunds for unused time in a billing period.

If MarkIt terminates your account for cause (material breach of these Terms), no refund will be issued. If MarkIt terminates your account without cause, you will receive a pro-rated refund for the unused portion of your prepaid subscription period.

Electronic Communications

Visiting the Site or sending emails to MarkIt constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically—via email or on the Site—satisfy any legal requirement that such communications be in writing.

Children Under Thirteen

MarkIt does not knowingly collect personal information from persons under the age of thirteen (13). The Service is intended for business use by adults. If you are under 18, you may use the Service only with permission of a parent or guardian acting in a business capacity. If MarkIt becomes aware that a child under 13 has provided personal information, it will delete that information promptly.

User Data and Content

You retain all ownership rights in the customer records, contact data, sales information, and other content you upload or create through the Service (“User Data”). By using the Service, you grant MarkIt a limited, non-exclusive license to store, process, and display your User Data solely to provide the Service to you.

You represent and warrant that: (a) you have all necessary rights to upload and use any data you provide; (b) your User Data does not violate any applicable law, including data privacy laws; and (c) you will not upload malicious code, viruses, or any content that could damage the Service or other users.

You are solely responsible for the accuracy, legality, and appropriateness of your User Data. MarkIt is not responsible for errors, omissions, or compliance failures in data you import or enter.

Links to Third-Party Sites and Services

The Service may contain links to other websites (“Linked Sites”). Linked Sites are not under the control of MarkIt and MarkIt is not responsible for their content, privacy practices, or accuracy. MarkIt provides these links for convenience only, and inclusion of a link does not imply endorsement.

Certain features of the Service are delivered by third-party providers (including but not limited to Stripe for payment processing and Microsoft Azure for cloud infrastructure). By using such features, you acknowledge that MarkIt may share necessary information with those providers solely to deliver the requested functionality.

No Unlawful or Prohibited Use / Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use the Service strictly in accordance with these Terms. You warrant to MarkIt that you will not use the Service for any purpose that is unlawful or prohibited by these Terms. You may not use the Service in any manner that could damage, disable, overburden, or impair the Service or interfere with any other party’s use and enjoyment of it.

All content included as part of the Service—such as text, graphics, logos, images, and software—is the property of MarkIt or its licensors and is protected by copyright, trademark, and other intellectual property laws. You agree to observe and abide by all copyright and proprietary notices. You will not modify, publish, transmit, reverse-engineer, transfer, sell, create derivative works from, or exploit any content of the Service, in whole or in part, without the express written permission of MarkIt.

International Users

The Service is controlled, operated, and administered by MarkIt from offices within the United States. If you access the Service from outside the United States, you are responsible for compliance with all local laws. You agree not to use the Service in any country or manner prohibited by applicable laws, restrictions, or regulations.

Indemnification

You agree to indemnify, defend, and hold harmless MarkIt, its officers, directors, employees, agents, and third parties for any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) arising out of: (a) your use of or inability to use the Service; (b) your User Data; (c) your violation of any provision of these Terms; or (d) your violation of any rights of a third party or applicable law. MarkIt reserves the right, at its own cost, to assume exclusive defense and control of any matter subject to indemnification by you, in which event you will cooperate fully with MarkIt.

Arbitration

In the event the parties are unable to resolve any dispute arising out of or concerning these Terms, such dispute shall be resolved by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator administered by the American Arbitration Association, or a similar arbitration service agreed upon by the parties, in a mutually agreed location. The arbitrator’s award shall be final, and judgment may be entered in any court of competent jurisdiction. The prevailing party in any legal or equitable action arising out of these Terms shall be entitled to recover its costs and reasonable attorneys’ fees. This arbitration provision shall survive the termination of these Terms.

Class Action Waiver

Any arbitration under these Terms will take place on an individual basis. Class arbitrations and class, representative, or collective actions are not permitted. THE PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person’s claims or preside over any form of class or representative proceeding, unless both parties expressly agree otherwise.

Liability Disclaimer

THE SERVICE AND ALL INFORMATION, SOFTWARE, AND CONTENT PROVIDED THROUGH IT ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MARKIT AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MARKIT OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SERVICE, EVEN IF MARKIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, MARKIT’S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING UNDER THESE TERMS SHALL NOT EXCEED THE AMOUNT YOU PAID TO MARKIT IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR THESE TERMS, YOUR SOLE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.

Termination and Access Restriction

MarkIt reserves the right, in its sole discretion, to terminate your access to the Service or any portion thereof at any time, with or without notice, for conduct that MarkIt believes violates these Terms or is harmful to other users, MarkIt, or third parties, or for any other business reason.

This agreement is governed by the laws of the State of Utah, without regard to its conflict-of-law provisions. You hereby consent to the exclusive jurisdiction and venue of courts in Davis County, Utah for all disputes arising out of or relating to the use of the Service that are not subject to arbitration. If any provision of this agreement is found invalid or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remainder of the agreement shall continue in full force.

No joint venture, partnership, employment, or agency relationship exists between you and MarkIt as a result of these Terms or your use of the Service. This agreement constitutes the entire agreement between you and MarkIt regarding the Service and supersedes all prior communications and proposals. It is the express wish of the parties that this agreement be written in English.

Changes to Terms

MarkIt reserves the right to change these Terms at any time. We will notify registered users by email and post the updated Terms on this page with a revised “Last updated” date. Your continued use of the Service after such notice constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Service.

Contact Us

MarkIt welcomes your questions or comments regarding these Terms:

MarkIt
1072 S 1875 W
Syracuse, Utah 84075

Email: [email protected]