Terms of Service

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. ONCE ACCEPTED, THESE TERMS OF SERVICE, IN COMBINATION WITH OUR PRIVACY POLICY, DATA PROCESSING AGREEMENT, AND AFFILIATE AGREEMENT (COLLECTIVELY THE “TERMS”), BECOME A BINDING LEGAL COMMITMENT BETWEEN YOU (OR THE BUSINESS ENTITY THAT YOU REPRESENT) AND Mark it Global LLC AND ITS RESPECTIVE OFFICERS, DIRECTORS, SUCCESSORS AND ASSIGNS (HEREINAFTER REFERRED TO AS “Mark it Global LLC.” “WE” OR “US”) AND WILL GOVERN YOUR ACCESS TO AND USE OF THE PLATFORM AND ALL OTHER INTERACTIONS WITH Mark it Global LLC. RELATED TO THE PLATFORM.

ONLY THE TERMS IN THIS RIGHT COLUMN ARE LEGALLY BINDING. THE EXPLANATIONS IN THE COLUMN TO THE LEFT ARE FOR INFORMATIONAL PURPOSES ONLY AND NON-BINDING.

IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD NOT ACCEPT THEM, CREATE AN ACCOUNT, OR USE THE PLATFORM. IN THE EVENT OF A CONFLICT BETWEEN THESE TERMS OF SERVICE AND THE ADDITIONAL AGREEMENTS INCORPORATED HEREIN BY REFERENCE, THESE TERMS OF SERVICE SHALL PREVAIL.

Mark it Global LLC. reserves the right to make changes to these Terms at any time.

All changes are effective immediately when posted. Your continued use of the Platform following the posting of any revised Terms constitutes your acceptance and agreement to the updated Terms.

You should consult a lawyer for legal advice to ensure your use of the Platform complies with these Terms and applicable law. You have to be at least 18 years old to use our platform and services.

1. Use of Platform 1.1. Age Restrictions.

You must be at least 18 years old to use the Platform. By accepting these Terms, creating a Platform Account, or using the Platform, you represent that you are at least 18 years old. You must not create a Customer account unless you are at least 18 years of age. If you are a parent or legal guardian permitting a person who is at least 13 years of age but under 18 years of age (a "Minor") to create a Customer account and/or use the Platform, you agree to: (i) supervise the Minor’s use of the Platform and their account; (ii) assume all risks associated with, and liabilities resulting from, the Minor’s use of the Platform and their Customer account; (iii) ensure that the content on the Platform is suitable for the Minor; (iv) ensure all information submitted to us by the Minor is accurate; and (v) provide the consents, representations and warranties contained in the Terms on the Minor’s behalf.

The person who accepts these terms is the owner of the platform account. If you accepted the terms on behalf of a business entity, the business entity is the owner of the platform account.

1.2. Platform Account Ownership.

Your use of the Platform is conditioned on your provision of complete, current, and accurate information when registering for a Platform Account. The Platform is intended for business use or in connection with an individual’s trade, craft, or profession. As the individual who accepts these Terms, You are the owner of the Platform Account unless You are acting on behalf of a business entity, in which case, the business entity is the owner of the Platform Account. If You accept these Terms on behalf of a business entity, You represent and warrant that you have the authority to bind the business entity to these terms.

You can’t use our platform in a way that breaks our rules or the law. You are responsible for making sure you and your customers’ use of the platform and services is compliant with applicable laws and regulations.

1.3. Intended Use.

You and your customers may use the Platform only as intended for lawful purposes and in accordance with these Terms. You agree that You and Your customers will not use the Platform in any way that violates any applicable law or regulation or engage in any Prohibited Uses. In addition, you represent and warrant that: (i) You and Your customers will maintain in effect all licenses, permissions, authorizations, consents, and permits necessary to carry out the obligations under these Terms; (ii) You are fully responsible for your actions and the actions of your employees, agents, and customers who use of the Platform; (iii) You are fully responsible for the use of the Platform by your customers; (iv) You, your employees, agents and customers will not misrepresent the Platform or the Services; (v) You will provide these Terms to your employees, agents, and customers and confirm that all employees, agents, and customers understand that they are subject to these Terms if they use or offer access to the Platform; (vi) You own or control all rights in and to all content you provide to Mark it Global LLC, including, but not limited to, any code provided to customize the Platform for your customers; (vii) You will be solely responsible for your use of the Platform, including the quality and integrity of any data and other information, including Information, made available to us by or for you through the use of the Platform; and (viii) You, your employees, and your customers will provide reasonable cooperation regarding information requests from law enforcement, regulators, or telecommunication provider.

We take privacy seriously. Make sure to read our Privacy Policy and Data Processing Agreement. You also need to have a Privacy Policy of your own that you make available to your customers.

1.4. Privacy.

By using the Platform and providing Information on or through the Platform, you consent to Mark it Global LLC’s use and disclosure of the Information in accordance with the Privacy Policy available here and incorporated herein by reference. You agree that Mark it Global LLC. has no responsibility or liability for the deletion or failure to store any Information or content maintained or transmitted on or through the Platform. When you provide your customers with access to the Platform, you must implement and enforce your own Privacy Policy, providing the level of protection at least equal to that provided to you by Mark it Global LLC. You must obtain consent from your customers, affirmatively acknowledging that your customers agree to be bound by your privacy policy. You represent and warrant that you have provided, and will continue to provide, adequate notices and have obtained, and will continue to obtain, the necessary permissions and consents to provide your customers’ data to us for use and disclosure in accordance with these Terms and our Privacy Policy.

Keep your Login Credentials confidential. Let us know if you think someone has gained unauthorized access to your account.

1.5. Login Credentials.

You are responsible for maintaining the confidentiality of your Login Credentials. You are responsible for all uses of your Platform Account and Login Credentials, whether or not authorized by you. You agree to notify Mark it Global LLC immediately of any unauthorized access to or use of your Platform Account or Login Credentials or any other breach of security. Mark it Global LLC reserves the right to disable your Login Credentials at any time in its sole discretion for any or no reason, including if, in Mark it Global LLC’s opinion, you have violated any provision of these Terms. Platform Accounts are non-transferable. You are obligated to take preventative measures to prohibit unauthorized users from accessing your Platform Account with your Login Credentials.

We are a platform provider ONLY. We don’t originate, send, or deliver any communications on your behalf. If you use any of the communication services features on our platform, you are responsible for making sure your communications comply with applicable laws, including but not limited to the Telephone Consumer Protection Act (“TCPA”) and CAN-SPAM Act.

1.6. Use of Communication Services.

The Platform may include certain communications features such as SMS, MMS, email, voice call capabilities and other methods. If You use these features, You agree that You are exclusively responsible for all communications sent using the Platform, including compliance with all laws governing those communications such as the Telephone Consumer Protection Act (“TCPA”) and the CAN-SPAM Act. You represent and warrant that you understand and will comply with those laws. Mark it Global LLC is not responsible for your compliance with laws and does not represent that your use of the Platform will comply with any laws. {Mark it Global LLC is a technology platform communication service application provider ONLY. Mark it Global LLC does not originate, send, or deliver any communications to any recipient via SMS, MMS, email, or other communication method. You control the message, timing, sending, fraud prevention, and call blocking. All communications, whether SMS, MMS, email or otherwise, are created by and initiated by you and/or your customers, whether generated by You or sent automatically via the Platform at Your direction.

Some features on our platform leverage third-party services. We are not in control of those third party services, so we’re not liable for problems that arise from them.

By the way, if you have been assigned phone numbers or email addresses to be used through our platform, we might have to release those phone numbers or emails if you pause or delete your account, and the phone numbers or addresses may no longer be available if you reactivate or unpause your account.

1.7. Third Party Services.

The Platform may leverage or include access to Third Party Services. Mark it Global LLC is not responsible for the usability or accessibility of Third Party Services. If you elect to pause or delete some or all of your Platform Account, certain features or functionality (such as LeadConnector phone numbers or email services) may not be retrievable upon reactivation. If you pause some or all of your Platform Account for more than thirty (30) days, and Mark it Global LLC is still incurring costs on your behalf related to Third Party Services (such as the costs of securing a particular phone number on your behalf), Mark it Global LLC reserves the right to release the phone number or delete some or all of your Platform Account in its sole discretion, without liability. Mark it Global LLC disclaims all liability related to outages or downtime of Third Party Services.

There might be content on our platform that was created or provided by third parties. We’re not responsible or liable for that content. Third Party Content.

The Platform may include Third Party Content. Your use of Third Party Content is entirely at your own risk and discretion. All statements and opinions expressed in Third Party Content are solely the opinions and the responsibility of the third party and do not necessarily reflect the opinion of Mark it Global LLC. Mark it Global LLC is not responsible for Third Party Content and makes no endorsements, representations or warranties and assumes no liability, obligation or responsibility for Third Party Content. You are responsible for ensuring that your engagement or transactions with Third Party Content is in compliance with these Terms and any applicable laws.

If you customize the platform, make sure your customizations don’t infringe anyone’s intellectual property rights. Customizations.

Portions of the Platform may be modified by you, incorporating your name, logo, trademark, and color scheme into your individual access area within the Platform. You are solely responsible for copyright, trademark or other intellectual property concerns connected with you and your customers’ customized look and feel of the Platform. You acknowledge that you may not be able to customize the Platform according to your unique branding to the extent that your customization would appear to be independently developed. Mark it Global LLC may remove any of your modifications at any time without advance notice and without liability to you.

If you use more data than what’s contemplated by your pricing plan, you might be required to upgrade your plan. Excessive Use Restrictions.

We provide access to the Platform on a tiered-pricing basis, and some tiers can process more data with less impact on performance. We have no liability for the effect that your excessive data use may have on performance. If, in Mark it Global LLC’s sole discretion, we determine that your data use is excessive, abusive, or has a negative effect on the Platform in any way, we may (1) require that you upgrade your Services in order to continue your activity levels if your data use exceeds the intended use of your existing Platform tier or if Mark it Global LLC’s operational costs to support your Platform usage exceeds the subscription price; (2) suspend or terminate your use of the Platform or Services, and/or (3) reduce the amount of data you are able to use.

We make regular updates to our platform, and sometimes those updates might affect the previous mode of operation of the platform. Platform Updates.

Mark it Global LLC reserves the right to make updates or changes to the Platform at any time, including changes that may affect the previous mode of operation of the Platform. You agree that your use of the Platform or purchase of Services is not contingent on Mark it Global LLC’s delivery or release of any functionality or feature, including but not limited to the continuation of a certain Service or any third-party services.

We don’t allow access to our platform by those located in embargoed countries.

You are responsible for compliance with any local laws that might be applicable to your use of the platform. International Use.

If you are in an embargoed country or are a sanctioned person or entity, you are prohibited from using the Platform. Mark it Global LLC makes no representation that materials on the Platform are appropriate or available for use in locations outside the United States. Those who choose to access the Platform from other locations do so on their own initiative and at their own risk. If you choose to access the Platform from outside the United States, you are responsible for compliance with local laws in your jurisdiction, including but not limited to, the taxation of products purchased over the Internet. Any offer for any product, Services, and/or information made in connection with the Platform is void where prohibited.

If you are authorized to resell access to the platform, you can’t advertise prices that are lower than Mark it Global LLC’s prices. There might be exceptions to this rule by law. We also reserve the right to make exceptions to the rule in our sole discretion, and we can revoke those exceptions at any time.

Resale MAP Policy. If you are authorized to resell access to a version of the Platform that is customized for or by You, You must comply with our Minimum Advertised Price Policy (“MAP Policy”) as described below:

a. Minimum Advertised Price.

You cannot advertise access to the Platform for an effective price that is less than the Standard Prices offered by Mark it Global LLC (the “MAP Policy”). Essential Price for one Sub-Account is $197 USD for monthly subscriptions or $1970 USD for an annual subscription. Mark it Global LLC reserves the right to change its Standard Prices at any time, for any reason. In the event of a change to Mark it Global LLC’s Standard Prices, you are responsible for ensuring your continued compliance with the MAP Policy. For the avoidance of doubt, Mark it Global LLC may run special pricing offers, promotions, or discounts from time-to-time (“Special Pricing”). Mark it Global LLC’s use of Special Pricing does not create an exception to the MAP Policy. Any changes to this MAP Policy will be communicated by a change to these Terms or by other forms of communication deemed appropriate by Mark it Global LLC in its sole discretion.

b. Advertised Price and Final Sale Price.

The price at which you are advertising access to the Platform is determined after deduction of coupon discounts, rebates, value of product giveaways, gift card amounts, and other promotional offers, that have the effect of lowering an advertised price (“Advertised Price”). The MAP Policy only applies to the Advertised Price. The final price at which you resell access to the Platform (“Final Price”) is not subject to the MAP Policy.

c. Exceptions to MAP Policy.

Mark it Global LLC reserves the right to make exceptions to this MAP Policy at any time, for any reason, in its sole and absolute discretion. Such exceptions must be made in writing, and may be revoked at any time, for any reason, in its sole and absolute discretion.

The MAP Policy does not apply to Advertised Prices displayed at brick-and-mortar selling locations where the Advertised Price is not distributed or visible to customers outside said location, or where Final Prices are first disclosed to customers in “shopping carts” for web-based sales (so long as such Final Prices cannot be retrieved by search engines or otherwise displayed to customers).

This MAP Policy does not apply to advertising within any jurisdiction in which minimum advertised price policies are prohibited by law. It is a violation of this policy, however, to transmit an Advertised Price less than the MAP Policy from any such jurisdiction to customers in any jurisdiction in which the MAP Policy is permissible.

For sales into the European Union and United Kingdom, this MAP Policy does not prohibit you from offering customers discounts or communicating to customers that the Final Price could differ from the Advertised Price.

Resale Restrictions.

When reselling access to the Platform, you agree that you are fully liable to your customers for their access to and use of the Platform, and you are solely responsible for the resolution of all customer disputes and inquiries. Mark it Global LLC may offer, but is not obligated, to assist in resolving customer disputes or inquiries in its sole discretion. If Mark it Global LLC determines, in its sole discretion, that you are failing to provide your customers with adequate resolutions to their disputes and inquiries, or if we receive complaints that you are not responding to legitimate customer disputes or inquiries, we may exercise our ability to terminate your Platform Account.

Do not pretend to be an employee or representative of Mark it Global LLC when reselling the platform. You Are Not Mark it Global LLC.

You are prohibited from representing yourself as a Mark it Global LLC employee or otherwise implying an association with Mark it Global LLC when reselling access to the Platform. You may not direct your customers to contact Mark it Global LLC for any reason, including but not limited to Platform support. f. Suspension and Termination

We may suspend or terminate your ability to resell access to the Platform in our sole discretion, with or without notice, if you violate the MAP Policy or these Terms or for any other reason in our sole and absolute discretion.

3. Prohibited Uses

The following are considered Prohibited Uses of the Platform. Engaging in a Prohibited Use is a material breach of this Agreement for which Mark it Global LLC may immediately suspend or terminate your Platform Account in accordance with these Terms:

Use of the Platform in any way that violates any applicable law or regulation.
Use of the Platform to exploit, harm, or attempt to exploit or harm anyone in any way.
Use of the Platform to send, receive, upload, download, use, or re-use any material that does not comply with these Terms.
Use of the Platform to transmit, or procure the sending of, any unlawful advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
Impersonating or attempting to impersonate Mark it Global LLC, a Mark it Global LLC employee, another user or any other person or entity.
Engaging in any other conduct that restricts or inhibits anyone's use or enjoyment of the Platform.
Engaging in any conduct that would may, as determined by Mark it Global LLC, harm Platform users or Mark it Global LLC, or expose either to liability.
Use of the Platform in any manner that could disable, overburden, damage, or impair the Platform or interfere with any other party's use of the Platform.
Use of any robot, spider or other automatic device, process or means to access the Platform for any purpose.
Use of any manual process to monitor or copy any of the material on the Platform or for any other unauthorized purpose without Mark it Global LLC’s prior written consent.
Use of any device, software or routine that interferes with the proper working of the Platform.
Introducing any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
Attempting to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Platform, the server on which the Platform is stored, or any server, computer, or database connected to the Platform.
Attacking the Platform via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempting to interfere with the proper working of the Platform.

4. Payment

a. Fees.

Your use of the Platform is subject to the timely payment of all Fees. Fees may change from time to time. All Fees are exclusive of Communication Surcharges. You will pay all Communications Surcharges associated with your use of the Platform. Communications Surcharges will be shown as a separate line item on an invoice.

b. Non-cancellable Fees.

Some subscriptions for Services require a non-cancellable minimum subscription commitment which cannot be canceled until the commitment is fulfilled.

c. No Mark Ups.

You may not mark-up or increase any Mark it Global LLC Fees that you pass through to your customers or third parties.

d. Taxes.

You are exclusively responsible for taxes and other governmental assessments associated with your use of the Platform.

e. Overdue Amounts.

If, for any reason, your credit card company declines or otherwise refuses to pay the amount owed for the Services you have purchased, you agree that we may suspend or terminate your use of the Platform and/or delivery of Services.

f. Payment Disputes.

You will notify us in writing within sixty (30) days of the date we bill you for any invoiced Fees or charges that you wish to dispute.

g. No Refunds or Credits.

Except as described below, all Fees assessed by Mark it Global LLC are non-refundable.

h. Cancellations.

You are solely responsible for the cancellation of Services associated with your account.

i. Your Responsibility For Financial Transactions.

You are solely responsible for all financial transactions you and your customers engage in on the Platform or using the Services.

5. Affiliate Program

Mark it Global LLC offers an Affiliate Program under which customers may receive commissions for referring new accounts to Mark it Global LLC.

6. Intellectual Property

6.1. Platform Content.

The Platform and Platform Content are the property of Mark it Global LLC or its licensors.

6.2. Mark it Global LLC Marks.

Mark it Global LLC Marks are trademarks and services marks of Mark it Global LLC.

6.3. User Contributions.

You grant Mark it Global LLC the perpetual right to use, reproduce, modify, perform, display, distribute, and otherwise disclose User Contributions.

6.4. Prohibited User Contributions.

You are prohibited from posting User Contributions on the Platform that are unlawful, threatening, abusive, harassing, defamatory, deceptive, fraudulent, tortious, invasive of another’s privacy, or includes graphic descriptions of sexual or violent content.

6.5. Feedback.

If you provide Feedback, you grant Mark it Global LLC a perpetual, irrevocable, non-exclusive, fully-paid up and royalty-free license to use any Feedback you submit to Mark it Global LLC.

6.6. Feedback Waiver.

You hereby irrevocably release and forever discharge Mark it Global LLC from any and all actions, causes of actions, claims, damages, liabilities and demands, whether absolute or contingent and of any nature whatsoever, which you now have or hereafter can, shall or may have against Mark it Global LLC with respect to the Feedback.

6.7. Copyright; Digital Millennium Copyright Act.

If you believe that your copyrights have been infringed, notify us at info@markitglobal.com.

Mark It Global LLC

1445 WOODMONT LN NW

ATLANTA, GA 30318

Phone: 678-710-3360

Email: info@markitglobal.com

7. Disclaimers

THE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND.

8. Limitation of Liability, Indemnification, and Mitigation

Your exclusive remedy and our entire liability, if any, for any claims arising out of these Terms and your use of the Platform or the Services shall be limited to the amount you paid us for Services purchased on the Platform during the three (3) month period before the act giving rise to the liability.

9. Limitation On Time To File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE PLATFORM MUST BE COMMENCED WITHIN THREE (3) MONTHS AFTER THE EVENT GIVING RISE TO THE ACTION OR CLAIM OCCURRED.

10. Injunctive Relief

You agree that a breach of these Terms will cause irreparable injury to Mark it Global LLC for which monetary damages would not be an adequate remedy.

11. Waiver And Severability

No waiver by Mark it Global LLC of a term or condition set forth in these Terms shall be deemed a continuing waiver of such term or condition.

12. Change of Control

Mark it Global LLC may assign its rights under these Terms at any time, without notice to you.

13. Entire Agreement

These Terms constitute the sole and entire agreement between you and Mark it Global LLC with respect to the Platform.

14. Term and Termination

These Terms will remain in full force and effect so long as you maintain a Platform Account.

15. Applicable Law, Binding Arbitration, and Class Action Waiver

The laws of the State of Georgia will govern these Terms of Service and any disputes under them.

16. Communications and Contact Information

16.1. “Communication Surcharges” means any applicable communications service or telecommunication provider (e.g., carrier) fees or surcharges related to your use of the Platform.

16.2. "Feedback” means ideas You provide to Mark it Global LLC regarding improvements, enhancements, new features, new products, or other concepts related to the Platform, Services, or other matters related to Mark it Global LLC’s business.

16.3. “Fees” means any fees associated with the Platform, including but not limited to the monthly subscription services fee and any fees associated with add-in Services that you may purchase.

16.4. "Mark it Global LLC Marks” means the Mark it Global LLC name and related logos and service marks of Mark it Global LLC.

16.5. “Information” means data about You and Your customers that Mark it Global LLC collects on the Platform, including but not limited to information required to create a Platform Account and use the Platform for the intended purpose.

16.6. “Login Credentials” means the username and password used to access your Platform Account.

16.7. “Platform” means any Services, Training, content, functionality, communication channels, and software or other services or features offered to customers on or through Mark it Global LLC’s website or mobile application.

16.8. “Platform Account” means the account you created in order to access and use the Platform.

16.9. “Platform Content” means content, data, features, and functionality, including but not limited to text, graphics, videos, logos, button icons, databases, music, sounds, images, or other material that can be viewed on the Platform. Platform Content does not include User Contributions.

16.10. “Prohibited Conduct” means the behaviors described in Section 3.

16.11. “Services” means the variety of product integrations and services that Mark it Global LLC makes available on the Platform. Services may include Third Party Services.

16.12. “Sub-Account” means a subscription for one business under a Platform Account.

16.13. “Third Party Content” means content, promotions or offers provided by third parties or links to external third-party websites that may be accessible on the Platform.

16.14. “Third Party Services” means any Services or other services owned and provided by a third party vendor that Mark it Global LLC makes available to You as a Service on or through the Platform.

16.15. “Training” means any training, information or suggested usages conveyed by Mark it Global LLC about the Platform.

16.16. “User Contributions” means content or materials that you post, submit, upload, publish, display, or transmit on or through the Platform or to Mark it Global LLC directly.

16.17. “You” or “you” or any derivatives thereof means the individual who accepted the Terms or the business entity that the individual represents. “You” also includes any and all agents, employees, or third parties that are authorized to act on your behalf.

Email: info@markitglobal.com