Terms of Service

Part I — Access, Accounts & Subscriptions

1.Eligibility

You represent and warrant that:

• you are at least eighteen (18) years of age;
• you possess the legal authority to enter into binding contracts;
• if using the Service on behalf of an organization, you have authority to bind that organization; and
• your use of the Service complies with all applicable laws and regulations.

If you are entering into these Terms on behalf of a company, property owner, management company, REIT, investment firm, lender, broker, or other entity, references to “Customer” include that organization.

2.Description of the Service

MKTSVY is a cloud-based market intelligence and competitive research platform designed for the multifamily housing industry. The Service provides subscribers with market surveys, competitive analyses, pricing information, property intelligence, historical reporting, trend analysis, business insights, and related analytical tools derived from publicly available information and other lawful sources.

The Service may include:

• interactive dashboards;
• downloadable reports and market surveys;
• portfolio management tools;
• pricing analysis, occupancy indicators, and concession tracking;
• amenity and floor-plan comparisons;
• historical trend reporting;
• artificial-intelligence-assisted summaries and predictive analytics;
• application programming interfaces (“APIs”);
• beta or experimental features; and
• additional services introduced from time to time.

The specific functionality available to each Customer depends upon the subscription purchased. Nothing in these Terms obligates MKTSVY to provide every feature described above, and MKTSVY reserves the right to modify, enhance, discontinue, or replace features at its discretion.

3.Customer Accounts

Access to portions of the Service requires a registered account. You agree to provide accurate, complete, and current registration information. You are responsible for maintaining the confidentiality of your login credentials and for all activities occurring under your account.

You agree to immediately notify MKTSVY if you become aware of:

• unauthorized account access;
• credential compromise;
• suspected security breaches; or
• unauthorized use of the Service.

MKTSVY is not responsible for losses resulting from your failure to safeguard account credentials.

4.Authorized Users

If Customer is an organization, Customer may authorize employees, contractors, or other approved personnel to access the Service (“Authorized Users”). Customer is responsible for ensuring that all Authorized Users comply with these Terms. Any act or omission of an Authorized User shall be deemed an act or omission of the Customer. Customer is responsible for promptly disabling access for former employees or contractors. MKTSVY reserves the right to limit the number of Authorized Users according to the applicable subscription plan.

5.Subscription Plans

The Service is offered through subscription plans. Subscription terms, pricing, user limits, property limits, storage limits, and available features are described in the applicable Order Form, subscription page, invoice, or online purchase process.

Unless otherwise agreed in writing:

• subscriptions renew automatically;
• billing occurs in advance;
• subscription fees are non-refundable except where required by law; and
• unused subscription time is not refundable.

Customers are responsible for maintaining current billing information.

6.Free Trial

MKTSVY may offer free trial subscriptions. Free trials are provided solely for evaluation purposes.

MKTSVY reserves the right to:

• limit trial functionality;
• modify trial features;
• terminate trials at any time;
• refuse future trial requests; and
• convert trial accounts into paid subscriptions upon Customer authorization.

At the conclusion of the trial period, Service access may be suspended until a paid subscription is established. No warranty is provided during any trial period.

7.Fees and Payment

Customer agrees to pay all subscription fees applicable to the selected plan.

Unless otherwise agreed:

• subscriptions are billed in advance for the applicable billing period;
• invoices are due immediately upon issuance unless otherwise stated;
• taxes are the responsibility of the Customer; and
• overdue balances may accrue interest at the lesser of 1.5% per month or the maximum rate permitted by law.

MKTSVY reserves the right to suspend or terminate Service for unpaid balances. Customer remains responsible for all outstanding fees incurred before termination.

8.Automatic Renewal

Unless cancelled before the next billing date, subscriptions automatically renew for successive billing periods. By purchasing a subscription, Customer authorizes MKTSVY and its payment processor to automatically charge the designated payment method for recurring subscription fees. Customers may cancel renewal at any time through their account settings or by written notice to MKTSVY. Cancellation prevents future renewals but does not entitle Customer to refunds for the current billing period.

Part II — License, Acceptable Use & Intellectual Property

9.License Grant

Subject to these Terms and payment of all applicable fees, MKTSVY grants Customer a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service solely for Customer’s internal business purposes. No ownership rights are transferred. Customer receives only the limited rights expressly granted under these Terms. All rights not expressly granted are reserved by MKTSVY.

10.Permitted Use

Customer may use the Service only for lawful, legitimate internal business purposes and in accordance with these Terms, and shall use the Service in a professional manner that does not interfere with the operation, security, availability, or integrity of the Service or the experience of other users. Permitted purposes include:

• conducting multifamily market research;
• evaluating competitive properties;
• analyzing rental markets;
• supporting pricing decisions;
• preparing internal reports;
• monitoring market trends;
• evaluating investment opportunities; and
• supporting operational decision-making.

Customer is responsible for ensuring that all Authorized Users comply with these Terms. Use of the Service for any unlawful purpose is prohibited.

11.Prohibited Uses

Customer shall not, and shall not permit any third party to:

• copy, reproduce, distribute, republish, or resell the Service or any substantial portion of its content;
• sublicense, lease, rent, assign, transfer, or commercially exploit the Service;
• provide Service access to persons who are not Authorized Users;
• share login credentials between organizations;
• circumvent user limits or subscription restrictions;
• access the Service using automated software, bots, scripts, crawlers, or similar technologies except where expressly authorized in writing by MKTSVY;
• interfere with or disrupt the operation of the Service;
• probe, scan, or test vulnerabilities of the Service;
• introduce malware, viruses, ransomware, or malicious code;
• attempt to bypass authentication or security mechanisms;
• scrape, harvest, download, or systematically extract substantial portions of the Service or its reports;
• use the Service to create competing databases;
• benchmark the Service for the purpose of developing a competing product;
• reproduce the structure, organization, presentation, classification, scoring, or analytical methods used by the Service;
• use the Service to train artificial intelligence, machine-learning models, or automated systems without MKTSVY’s prior written consent;
• remove copyright, trademark, or proprietary notices;
• misrepresent the origin of reports generated by the Service; or
• violate applicable laws or regulations.

12.Competitive Use Restrictions

The Service represents significant investment by MKTSVY in developing proprietary technology, analytical methodologies, databases, business processes, and intellectual property. Accordingly, Customer shall not use the Service, directly or indirectly, to:

• develop or improve competing software;
• create competing market-intelligence products or market-survey platforms;
• replicate the functionality of the Service;
• determine or infer MKTSVY’s proprietary methodologies;
• reproduce MKTSVY’s data models;
• develop competing commercial services; or
• train employees or contractors for the purpose of reproducing the Service.

Customer further agrees not to assist any third party in engaging in such activities.

13.Ownership of the Service

The Service — including all software, databases, reports, dashboards, documentation, user interfaces, visual designs, graphics, text, source code, object code, APIs, workflows, business logic, analytical models, scoring systems, classifications, algorithms, methodologies, compilations, organization, arrangement, formatting, and presentation — is and shall remain the exclusive property of MKTSVY LLC and its licensors. Except for the limited license expressly granted in these Terms, MKTSVY retains all worldwide right, title, and interest in and to the Service and all related intellectual property rights, including copyrights, trademarks, trade secrets, patents, know-how, and derivative works. These Terms grant only a limited license to use the Service. No ownership rights are transferred, and no implied licenses are granted.

14.Proprietary Database & Compilations

Customer acknowledges that although portions of the information presented through the Service may originate from publicly available sources, the selection, organization, compilation, normalization, categorization, formatting, presentation, historical organization, analytical enhancement, and arrangement of such information constitute proprietary intellectual property of MKTSVY. The value of the Service derives not merely from individual data elements but from the unique compilation, organization, and presentation of those elements.

Customer acquires no ownership interest in:

• the underlying database;
• compiled datasets;
• normalized information;
• historical archives;
• proprietary classifications;
• analytical models;
• business rules;
• scoring or market-intelligence methodologies;
• data relationships;
• organizational structures; or
• derivative works.

15.Trade Secrets

Customer acknowledges that the Service incorporates confidential and proprietary information that constitutes valuable trade secrets, which may include confidential business information relating to software architecture, databases, algorithms, analytical techniques, workflows, methodologies, data models, software design, reporting logic, classification systems, business processes, internal tools, and operational procedures. Customer agrees not to attempt to discover, disclose, reproduce, or exploit such confidential information except as expressly permitted by these Terms. Nothing in these Terms shall be interpreted as requiring MKTSVY to disclose any proprietary methodology or confidential business process.

16.Reverse-Engineering Restrictions

Except where expressly prohibited by applicable law, Customer shall not reverse engineer, decompile, disassemble, decode, analyze, inspect, reconstruct, emulate, or otherwise attempt to determine the internal design, architecture, operation, or methodologies of the Service. Customer shall not use reports generated by the Service to infer or recreate MKTSVY’s proprietary technology or business processes.

Part III — Data, Content & Confidentiality

17.Customer Data

Customer retains ownership of information that Customer uploads into the Service (“Customer Data”). Customer grants MKTSVY a non-exclusive, worldwide, royalty-free license to host, store, process, transmit, analyze, back up, and use Customer Data solely for the purpose of providing, maintaining, improving, securing, and supporting the Service. Customer represents that it possesses all rights necessary to provide such data.

Customer is solely responsible for:

• maintaining backups of Customer Data;
• ensuring the legality of Customer Data;
• obtaining necessary permissions; and
• ensuring uploaded information does not infringe third-party rights.

Customer shall not upload content that:

• violates applicable law;
• infringes intellectual property;
• contains malicious software; or
• contains confidential information belonging to third parties without authorization.

18.Publicly Available & Third-Party Information

The Service utilizes and may include, organize, analyze, summarize, or display information obtained from publicly available sources and other lawfully obtained information. MKTSVY does not claim ownership of information that remains the intellectual property of its respective owners, and does not represent or warrant that such information is complete, current, accurate, uninterrupted, or continuously available. Publicly available information may be modified, removed, corrected, delayed, or become unavailable at any time without notice, and certain reports, analyses, historical trends, or features may change as information availability changes.

MKTSVY’s proprietary rights extend only to the Service, its software, databases, analytical methodologies, compilations, reports, presentation, organization, and other original works created by MKTSVY. Nothing in these Terms shall be construed as transferring ownership of third-party content to MKTSVY, and MKTSVY shall not be responsible for inaccuracies, omissions, delays, interruptions, or unavailability of third-party information.

19.Data Accuracy

MKTSVY makes commercially reasonable efforts to provide useful and reliable market intelligence. However, publicly available information may change frequently and may be incomplete, outdated, inaccurate, unavailable, or modified without notice. Accordingly, MKTSVY does not guarantee that any report, pricing information, concession information, market analysis, occupancy indicator, historical information, amenity listing, floor-plan information, or other content is complete, current, or accurate. Customers are solely responsible for independently verifying information before making business decisions.

20.Artificial Intelligence Features

Certain features of the Service may incorporate artificial intelligence, machine learning, statistical analysis, predictive modeling, or automated technologies to generate summaries, recommendations, forecasts, classifications, or analytical insights. Such outputs are intended solely to assist users and should not be considered financial, legal, investment, accounting, appraisal, or business advice. MKTSVY makes no representation that AI-generated content is complete, accurate, or suitable for any particular purpose. Customer remains solely responsible for reviewing all information before relying upon it and shall not use AI-generated outputs as the sole basis for significant business, legal, financial, lending, investment, or operational decisions.

21.Confidential Information

Each party may receive confidential information belonging to the other. “Confidential Information” includes non-public business information that a reasonable person would understand to be confidential. MKTSVY’s Confidential Information includes, without limitation, software, reports, documentation, pricing (unless publicly disclosed), source code, databases, methodologies, analytical models, product roadmaps, business plans, technical documentation, non-public features, and security procedures. Customer’s Confidential Information includes Customer Data and other confidential information provided to MKTSVY.

Each party agrees to:

• protect Confidential Information using reasonable care;
• use Confidential Information solely for purposes of these Terms; and
• not disclose Confidential Information except to employees, contractors, legal advisors, or service providers with a legitimate need to know and who are bound by confidentiality obligations.

Confidential Information does not include information that:

• becomes publicly available through no fault of the receiving party;
• was lawfully known prior to disclosure;
• is independently developed without use of Confidential Information; or
• is lawfully received from a third party without confidentiality obligations.

A party may disclose Confidential Information when required by law, court order, or governmental authority, provided reasonable advance notice is given where legally permitted. These obligations shall survive termination of these Terms.

22.Feedback

Customer may voluntarily provide comments, suggestions, enhancement requests, ideas, or recommendations regarding the Service. Customer grants MKTSVY a perpetual, irrevocable, worldwide, royalty-free license to use such feedback without restriction or compensation. MKTSVY shall have no obligation to implement any feedback.

Part IV — Service Availability & Disclaimers

23.No Professional Advice

The Service is intended solely as an informational and business-intelligence tool. Nothing contained within the Service constitutes legal, accounting, tax, appraisal, investment, brokerage, valuation, engineering, consulting, or any other licensed professional service. Customer is solely responsible for obtaining appropriate professional advice before making business decisions.

24.Independent Business Judgment

Customer acknowledges that all business decisions remain solely the responsibility of Customer. Customer assumes all risks associated with relying upon reports, analyses, recommendations, historical information, forecasts, or other information made available through the Service. MKTSVY shall not be responsible for any investment, pricing, acquisition, operational, financing, leasing, marketing, or other business decisions made by Customer.

25.Beta Features

From time to time MKTSVY may provide beta, preview, pilot, experimental, or early-access features, solely for evaluation purposes. Beta features may change without notice, contain defects, be discontinued, or never become commercially available, and are provided “AS IS” without warranties of any kind.

26.Service Availability

MKTSVY will use commercially reasonable efforts to maintain availability of the Service. However, Customer acknowledges that uninterrupted access cannot be guaranteed. Service interruptions may occur due to scheduled or emergency maintenance, software updates, infrastructure upgrades, internet outages, third-party service interruptions, security incidents, or events beyond MKTSVY’s reasonable control. Temporary interruptions do not constitute a breach of these Terms.

27.Changes to the Service

MKTSVY continually develops and improves the Service. Accordingly, MKTSVY reserves the right, at any time and without liability, to modify functionality; update reports; revise methodologies; improve user interfaces; introduce new technologies or replacement features; discontinue obsolete features; change subscription offerings; establish or revise usage limits; suspend access for maintenance; deploy beta functionality; and enhance security measures. MKTSVY may also deploy software updates, patches, bug fixes, and security improvements at any time, which Customer acknowledges are necessary to maintain the integrity and security of the Service. Such changes are part of the ongoing evolution of the Service and do not constitute a breach of these Terms; nothing in these Terms guarantees the continued availability of any specific feature.

28.Suspension of Service

MKTSVY may suspend or restrict Customer’s access immediately if:

• Customer violates these Terms;
• payment is overdue;
• Customer presents a security risk;
• continued access may expose MKTSVY to legal liability;
• necessary maintenance is required; or
• fraudulent activity is suspected.

MKTSVY will use reasonable efforts to restore access once the issue has been resolved.

Part V — Warranties, Liability & Indemnification

29.Warranty Disclaimer

EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE SERVICE IS PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, MKTSVY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, ACCURACY, COMPLETENESS, RELIABILITY, QUIET ENJOYMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR TRADE USAGE.

MKTSVY DOES NOT WARRANT THAT THE SERVICE WILL BE ERROR-FREE, THAT REPORTS WILL ALWAYS BE ACCURATE, THAT ALL DEFECTS WILL BE CORRECTED, THAT THE SERVICE WILL OPERATE WITHOUT INTERRUPTION, THAT ANY PARTICULAR FEATURE WILL CONTINUE TO EXIST, OR THAT THE SERVICE WILL MEET CUSTOMER’S SPECIFIC BUSINESS OBJECTIVES.

30.Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MKTSVY SHALL NOT BE LIABLE FOR ANY LOST PROFITS, LOST REVENUE, LOST BUSINESS OPPORTUNITIES, LOSS OF GOODWILL, LOSS OF DATA, BUSINESS INTERRUPTION, COST OF SUBSTITUTE SERVICES, OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES. THIS LIMITATION APPLIES REGARDLESS OF THE LEGAL THEORY ASSERTED.

31.Liability Cap

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MKTSVY’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE SHALL NOT EXCEED THE TOTAL FEES PAID BY CUSTOMER TO MKTSVY DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. IF CUSTOMER HAS USED ONLY A FREE TRIAL OR FREE VERSION OF THE SERVICE, MKTSVY’S LIABILITY SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US $100).

32.Customer Indemnification

Customer agrees to defend, indemnify, and hold harmless MKTSVY LLC and its managers, members, officers, employees, contractors, affiliates, licensors, successors, and assigns from any claims, damages, liabilities, losses, costs, expenses, judgments, penalties, or reasonable attorneys’ fees arising from:

• Customer’s use of the Service;
• Customer’s violation of these Terms;
• Customer’s violation of applicable law;
• Customer’s infringement of third-party rights;
• Customer Data; or
• negligent or wrongful acts of Customer or its Authorized Users.

33.Intellectual Property Claims

If a third party asserts that the Service infringes its United States intellectual property rights, MKTSVY may, at its option: (a) obtain the right for Customer to continue using the Service; (b) modify the Service to eliminate the alleged infringement; (c) replace the affected functionality with substantially equivalent functionality; or (d) terminate the affected portion of the Service and refund any prepaid fees attributable to the unused subscription period for the affected functionality. This Section states Customer’s exclusive remedy for any intellectual property infringement claim relating to the Service.

34.Security

MKTSVY implements commercially reasonable administrative, physical, technical, and organizational safeguards designed to protect the Service and Customer Data from unauthorized access, disclosure, alteration, or destruction. However, no system connected to the Internet is completely secure, and MKTSVY cannot guarantee absolute security. Customer acknowledges and accepts the inherent risks associated with electronic communications, cloud computing, and internet-based services.

Customer is responsible for:

• safeguarding passwords;
• maintaining secure devices;
• implementing appropriate internal security controls;
• promptly reporting suspected unauthorized access; and
• maintaining current antivirus and endpoint-protection software where appropriate.

Customer shall be responsible for all activity occurring under Customer’s account unless caused by MKTSVY’s gross negligence or willful misconduct.

35.Force Majeure

MKTSVY shall not be liable for delays or failures resulting from causes beyond its reasonable control, including natural disasters, fires, floods, earthquakes, pandemics, labor disputes, governmental actions, acts of war, terrorism, internet or utility failures, cyberattacks, and failures of telecommunications or cloud-infrastructure providers. Performance shall be excused for the duration of the event.

36.Insurance

MKTSVY may maintain commercially reasonable business insurance as determined appropriate by the Company. Nothing in these Terms shall be construed as creating any obligation for MKTSVY to maintain any specific insurance coverage unless expressly agreed in writing.

Part VI — Term, Termination & Dispute Resolution

37.Term

These Terms become effective on the earliest of:

• Customer’s acceptance of these Terms;
• creation of a MKTSVY account;
• commencement of a free trial;
• execution of an Order Form;
• purchase of a subscription; or
• first access to or use of the Service.

These Terms remain in effect until terminated in accordance with this Agreement. Each paid subscription remains in effect for the applicable subscription period and automatically renews unless cancelled in accordance with these Terms.

38.Termination by Customer

Customer may terminate its subscription at any time by cancelling through the Service (if available), providing written notice to MKTSVY, or following any other cancellation procedure made available by MKTSVY. Termination prevents future billing after the current subscription period expires. Except where required by law or expressly agreed in writing, subscription fees already paid are non-refundable.

39.Termination by MKTSVY

MKTSVY may suspend or terminate the Service or Customer’s account immediately, with or without prior notice, if:

• Customer breaches these Terms;
• payment obligations are not satisfied;
• Customer engages in fraudulent or unlawful activity;
• Customer attempts to compromise the security or integrity of the Service;
• continued access presents legal, operational, or security risks; or
• MKTSVY is required to do so by law.

MKTSVY may also discontinue offering the Service or any portion of the Service upon reasonable notice to affected Customers.

40.Effect of Termination

Upon termination, Customer’s license to use the Service immediately ends; Customer must cease all use of the Service; access credentials may be disabled; and MKTSVY may deactivate Customer’s account. Termination does not relieve Customer of obligations incurred prior to termination, including payment obligations.

41.Data Retention & Deletion

Following termination, MKTSVY may retain Customer Data for a commercially reasonable period for account recovery, legal compliance, dispute resolution, enforcement of these Terms, backup restoration, fraud prevention, and internal recordkeeping. After such period, MKTSVY may permanently delete Customer Data without further notice. Customer is solely responsible for exporting any desired Customer Data prior to termination. MKTSVY has no obligation to retain Customer Data indefinitely.

42.Surviving Provisions

The following provisions survive termination of these Terms: Intellectual Property; Trade Secrets; Confidentiality; Payment Obligations; Warranty Disclaimers; Limitation of Liability; Indemnification; Governing Law; Dispute Resolution; Miscellaneous Provisions; and any provision that by its nature should survive termination.

43.Compliance with Laws & Export

Customer agrees to comply with all applicable federal, state, local, and international laws and regulations relating to Customer’s use of the Service, and shall not use the Service in violation of export-control laws, sanctions regulations, or other applicable governmental restrictions. Customer represents that neither Customer nor any Authorized User is prohibited from receiving U.S.-origin software or services under applicable export-control or sanctions laws, and agrees not to export, re-export, or transfer the Service except as permitted by applicable law.

44.Governing Law & Venue

These Terms shall be governed exclusively by the laws of the State of Utah, without regard to its conflict-of-law principles. The United Nations Convention on Contracts for the International Sale of Goods shall not apply. Any legal action arising from or relating to these Terms shall be brought exclusively in the state or federal courts located in Salt Lake County, Utah, and each party irrevocably consents to the personal jurisdiction of those courts.

45.Dispute Resolution

Before filing any legal action, the parties agree to make a good-faith effort to resolve any dispute through informal negotiations. Either party may initiate negotiations by providing written notice describing the dispute, and the parties shall have thirty (30) days to attempt resolution before commencing litigation, unless immediate injunctive relief is necessary.

Customer acknowledges that unauthorized use of the Service, disclosure of Confidential Information, or infringement of MKTSVY’s intellectual property rights may cause irreparable harm for which monetary damages are inadequate. Accordingly, MKTSVY shall be entitled to seek temporary, preliminary, and permanent injunctive relief, specific performance, or other equitable remedies without the necessity of posting bond or proving actual damages. These remedies are in addition to any other remedies available under law.

46.Assignment

Customer may not assign, delegate, sublicense, or transfer these Terms or any rights granted herein without MKTSVY’s prior written consent, and any attempted assignment in violation of this Section shall be void. MKTSVY may assign these Terms in connection with a merger, acquisition, sale of assets, corporate reorganization, financing transaction, or operation of law. These Terms shall bind and benefit the parties and their permitted successors and assigns.

47.Independent Contractors

Nothing contained in these Terms creates a partnership, joint venture, employment relationship, agency relationship, or fiduciary relationship between Customer and MKTSVY. Each party acts solely as an independent contractor.

48.No Waiver

Failure by either party to enforce any provision of these Terms shall not constitute a waiver of future enforcement of that or any other provision. Any waiver must be in writing and signed by the party granting the waiver.

49.Severability

If any provision of these Terms is determined to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. The invalid provision shall be modified only to the extent necessary to make it enforceable while preserving its original intent whenever possible.

Part VII — Privacy, Additional Features & General Provisions

50.Privacy

Customer acknowledges that MKTSVY collects, uses, stores, and processes information in accordance with its Privacy Policy, which is incorporated into these Terms by reference and forms part of this Agreement. Customer is responsible for reviewing the Privacy Policy periodically.

51.Usage Analytics

MKTSVY may collect and analyze operational, diagnostic, performance, statistical, and usage information relating to the Service to improve the Service, monitor system performance, troubleshoot technical issues, develop new features, enhance security, and produce aggregated business metrics. MKTSVY will not knowingly disclose Customer Confidential Information through such analytics.

52.Aggregated & De-Identified Information

MKTSVY may create aggregated, anonymized, or de-identified information derived from Customer’s use of the Service. Such information shall not identify Customer or any individual property. MKTSVY owns all rights in such aggregated information and may use it for lawful business purposes, including benchmarking, product development, market analysis, statistical reporting, research, and internal business operations.

53.API Access

If MKTSVY provides application programming interfaces (“APIs”), Customer’s use of such APIs shall be subject to any API documentation and additional API terms published by MKTSVY. MKTSVY reserves the right to establish authentication requirements, rate limits, usage quotas, technical standards, and version requirements, and may modify or discontinue APIs upon reasonable notice.

54.Enterprise Services

Certain enterprise subscriptions may include additional contractual terms relating to implementation services, onboarding, training, support, security reviews, compliance requirements, custom reporting, or negotiated service commitments. Where an executed Enterprise Agreement or Order Form conflicts with these Terms, the Enterprise Agreement or Order Form controls solely with respect to that Customer.

55.Support Services

Unless otherwise stated in an applicable subscription plan or written agreement, MKTSVY will provide commercially reasonable technical support through methods designated by the Company. MKTSVY does not guarantee response times, resolution times, or continuous availability of support personnel.

56.Copyright Policy

MKTSVY respects the intellectual property rights of others. If any person believes that content made available through the Service infringes their copyright, that person may submit a written notice containing sufficient information for MKTSVY to evaluate the claim. Upon receipt of a legally sufficient notice, MKTSVY may investigate the claim and take action it deems appropriate, including removal of allegedly infringing material where warranted. Nothing in this Section shall be interpreted as an admission that any content infringes another party’s rights.

57.Trademarks

MKTSVY, the MKTSVY name, logos, product names, service names, graphics, and branding are trademarks or service marks of MKTSVY LLC. Except as expressly authorized in writing, Customer shall not use MKTSVY’s trademarks, logos, branding, trade dress, or other identifying marks.

58.Publicity

Unless otherwise agreed in writing, neither party shall issue press releases or publicly announce the business relationship between the parties using the other party’s name or logo without prior written consent. MKTSVY may identify Customer as a user of the Service in private sales presentations or customer-reference lists provided that no confidential information is disclosed. Any public marketing use of Customer’s name, logo, testimonial, case study, or success metrics shall require Customer’s prior written approval.

59.Subscription-Compliance Review

Where reasonably necessary to verify compliance with subscription limits, MKTSVY may review account-usage records relating to Authorized Users, subscription tier, property counts, API usage, storage limits, and feature utilization. MKTSVY will not inspect Customer’s internal business records except with Customer’s consent or where required by law. If material underpayment or unauthorized use is discovered, Customer agrees to promptly pay any applicable fees.

60.Anti-Corruption

Customer represents that neither Customer nor its Authorized Users will use the Service in violation of applicable anti-bribery, anti-corruption, or anti-money-laundering laws.

61.Government Customers

If Customer is a governmental entity, Customer’s use of the Service remains subject to applicable procurement laws and governmental authority. Nothing in these Terms shall be construed as expanding governmental liability beyond that permitted by applicable law.

62.Future Features & Policies

MKTSVY continually develops new functionality, which may include artificial-intelligence features, predictive analytics, portfolio-management tools, API integrations, reporting enhancements, enterprise functionality, mobile applications, automation tools, and collaboration features. Nothing in these Terms obligates MKTSVY to develop or release any future feature.

MKTSVY may also adopt additional policies governing specific features or services, including a Privacy Policy, Acceptable Use Policy, Cookie Policy, Data Processing Addendum, Service Level Agreement, API Terms, or Security Documentation. Such policies become part of these Terms when expressly incorporated by reference. In the event of a conflict, the specific policy governing the applicable feature shall control to the extent of the conflict.

63.Electronic Communications & Signatures

Customer consents to receive notices electronically, including by email, in-application notifications, postings within the Service, or publication on MKTSVY’s website. Electronic notices shall satisfy any legal requirement that communications be in writing. Electronic acceptance of these Terms — including acceptance through electronic click-through agreements, online registration, electronic signatures, or similar electronic methods — shall have the same force and effect as a handwritten signature.

64.Notices

Legal notices to MKTSVY shall be sent to the contact information designated on MKTSVY’s website or in the applicable Order Form unless otherwise specified. Customer shall maintain current contact information within Customer’s account.

Notice is deemed received:

• upon confirmed electronic delivery;
• upon personal delivery;
• three (3) business days after mailing by certified mail; or
• one (1) business day after delivery by nationally recognized overnight courier.

65.No Third-Party Beneficiaries

These Terms are solely for the benefit of MKTSVY and Customer. No third party shall acquire any rights under these Terms.

66.Construction & Interpretation

Section headings are included solely for convenience and shall not affect interpretation of these Terms. The words “including,” “includes,” and “include” mean “including without limitation,” and references to the singular include the plural and vice versa whenever appropriate. The parties acknowledge that these Terms were negotiated fairly, and no ambiguity shall be interpreted against either party based upon authorship.

67.Changes to These Terms

MKTSVY may revise these Terms from time to time. Except as otherwise provided herein, these Terms may be modified only by publication of revised Terms by MKTSVY or by a written amendment executed by authorized representatives of both parties. Material revisions will become effective upon publication on the MKTSVY website or upon written notice to Customers. Continued use of the Service after revised Terms become effective constitutes acceptance of those revisions. If Customer does not agree to revised Terms, Customer must discontinue use of the Service.

68.Entire Agreement

These Terms, together with any applicable Order Form, Subscription Agreement, Privacy Policy, Acceptable Use Policy, Data Processing Addendum, Service Level Agreement, and any written amendments signed by both parties, constitute the complete and exclusive agreement between Customer and MKTSVY concerning the Service. They supersede all prior or contemporaneous oral or written communications, proposals, understandings, and agreements relating to the Service.

69.Language

These Terms are executed in the English language. If translated into another language, the English version shall control in the event of any inconsistency.

70.Contact Information

Questions regarding these Terms may be directed to:

MKTSVY LLC
Email: legal@mktsvy.com
Website: https://www.mktsvy.com