Terms & Conditions
Last Updated: March 2025
The following terms and conditions govern your use of www.markate.com, the Markate mobile app, and all services related to the Site and the app (collectively, the “Site”). The operator of the Site is Markate Holdings, Inc., an Arizona corporation (“Markate,” “us,” “our,” or “we”). By using the Site or by accepting a trial subscription, you agree to be bound by these Terms of Use (the “Agreement”). If you do not agree to these Terms of Use, please do not use this Site and do not sign up for a trial subscription. If you have any questions regarding the meaning or application of this Agreement, please direct your questions to:
Markate Holdings, Inc
c/o Sath Sivam
7730 E. Greenway Rd. #201
Scottsdale, AZ 85260
compliance@markate.com
TERMS OF USE FOR ALL USERS OF THE SITE
1. Who We Are and What We Do.
Markate is a platform and app that provides tools for service providers to run your business. Markate offers customer relations management tools, appointment scheduling tools, estimating tools, invoicing tools, payment processing tools, and marketing tools (collectively the “Tools”).
2. Access to the Site.
This Agreement grants you a limited, revocable, nonexclusive license to access the Site and Tools for your legitimate business use. You may not resell or sub-license your rights to a third party, and this license does not extend to any collection, aggregation, copying, duplication, display or derivative use of the Site or Tools nor any use of data mining or similar data gathering and extraction tools for any purpose unless expressly permitted by Markate. A limited exception is provided to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to this Site, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent. You are responsible for maintaining the confidentiality of your login credentials and must promptly notify us of any unauthorized use of your account.
From time to time the Site and Tools may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which Markate may undertake from time to time; or (iii) causes beyond the control of Markate or which are not reasonably foreseeable by Markate. Markate is not responsible for any losses, whether foreseeable or not, that result from the Site being inaccessible or inoperable.
We reserve the right to modify the functionality or features of the Site and Tools at any time, with notice to users via the Site or other communication methods as deemed appropriate. Your continued use of the Site after such changes constitutes your acceptance of the new terms and functionalities.
3. Updates.
Markate is committed to continuously improving the functionality and security of our Site and Tools. We regularly release updates to enhance performance, add features, and integrate new regulatory requirements.
3.1 Update Process. We will notify you of available updates through the Site or via email. Some updates may be applied automatically, while others may require manual initiation. It is your responsibility to implement updates in a timely manner. You may need to adjust your system settings or configurations as part of the update process. Failure to install updates may affect the performance of the Tools and may expose you to security vulnerabilities. Updates may modify the Site's functionality or appearance. We strive to ensure that such changes are improvements and will provide instructions or support as needed to facilitate transition.
3.2 Legal Compliance. Updates may also address compliance with new laws or regulations. Installing these updates is crucial to ensure that your use of the Site remains lawful under new regulatory requirements.
3.3 User Responsibility. You are responsible for maintaining your software and hardware environment to support the latest updates. This includes managing data backups and system configurations to prevent data loss during updates.
3.4 Email Verification. You are responsible for completing the email verification process in order to receive important communications, such as updates and broadcasts regarding the Site.
By continuing to use the Site after an update, you agree to any changes or conditions introduced by that update. If you have any questions about an update, please contact support@markate.com.
4. Payment to Markate / No Refunds.
Markate provides subscription-based services with detailed pricing available in the "Pricing" section of our Site. This section outlines the key terms related to payments and the policy on refunds.
4.1 Payment Overview. Upon completing your free trial, you can choose from various subscription options as specified on our website. Payment for these subscriptions is processed through third-party vendors, whose terms you must agree to separately. Markate is not liable for any actions by any payment processor, or any interaction between you and any third-party vendor.
4.2 No Refunds Policy. All payments made to Markate are non-refundable. This includes subscription fees and any other payments made to Markate unless otherwise explicitly stated.
4.3 Payment Security. Our platform complies with the Payment Card Industry Data Security Standard (PCI DSS) to ensure secure processing, storage, and transmission of credit card information.
By subscribing to our services, you agree to these payment and refund terms. For details on subscription management, billing cycles, and cancellation policies, please refer to the respective sections of this Agreement.
5. Prices and Renewals.
5.1 Price Adjustments. Markate reserves the right to adjust the prices of any subscription services at any time. Any price changes will be effective starting from the next billing cycle following the announcement of such changes. We will provide at least 30 days’ notice before any new prices take effect.
5.2 Renewal Terms. Subscriptions automatically renew under the same conditions as the initial term unless you change or cancel them in accordance with our cancellation policy. You will be notified of the pending renewal of your subscription, as well as any price changes, at least 30 days before the date of renewal.
5.3 Communication of Changes. All notifications regarding price adjustments or renewal terms will be sent to the email address associated with your account. It is your responsibility to keep your contact information up to date to ensure that you receive all such notifications.
6. Subscription Cycle.
This section describes the specifics of managing subscriptions at Markate, including the initiation, billing processes, and renewal terms.
6.1 Subscription Start Date. Your subscription begins on the date you successfully complete the sign-up process and your payment is processed. This date marks the commencement of your billing cycle.
6.2 Billing Cycle. For monthly subscriptions, your billing cycle begins on your sign-up date and renews monthly on the same day. For example, a subscription starting on the 15th will renew on the 15th of each subsequent month. Annual subscriptions renew on the same day each year as your start date.
6.3 Payment Method. You must provide a current, valid, accepted method of payment to subscribe (“Payment Method”). We will automatically bill the monthly or annual subscription fee to your Payment Method on each billing date, continuing until you cancel your subscription.
6.4 Automatic Renewal. Subscriptions automatically renew at the end of each billing cycle under the same conditions unless cancelled by you. This automatic renewal will continue unless you alter or cancel your plan as outlined in Section 7.
6.5 Notification of Renewal. We send renewal notifications via email to the address linked with your account 30 days before your subscription renewal date. These notifications detail the renewal terms and any changes in pricing or conditions.
6.6 Subscription Modifications. Modifications to your subscription, such as upgrades or changes in billing frequency, must be requested at least 15 days before your next billing date. This ensures changes are applied correctly to your upcoming billing cycle.
7. Billing.
7.1 Recurring Billing. By starting your subscription, you authorize us to charge you a monthly subscription fee at the then-current rate, to be billed to your Payment Method each billing cycle
7.2 Billing Cycle. When you sign up and purchase your Markate Service Professionals subscription, your first subscription cycle will be billed immediately. Your subscription will auto-renew and you will be billed on the same date each month. We reserve the right to change the timing of our billing, in particular, as indicated below, if your Payment Method has not successfully settled. In the event your paying subscription began on a day not contained in a given month, we may bill your Payment Method on a day in the applicable month or such other day as we deem appropriate. For example, if you started your Markate Service Professionals subscription or became a paying member on January 31st, your next payment date is likely to be February 28th, and your Payment Method would be billed on that date. Your renewal date may change due to changes in your Subscription.
7.3 No Refunds. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period.
7.4 Payment Methods. You may edit your Payment Method information by following the instructions on the Site. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your account (see, “Cancellation” below), you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates.
7.5 Cancellation. You may terminate your monthly subscription at any time by following the instructions on the Site, under “My Accounts.” Your subscription to Markate will renew automatically, regardless of whether you are on a monthly plan or a yearly plan. You must cancel at least 1 day before a billing date, or else you will be billed for that billing cycle. For example, if your next billing date is September 15th, you need to cancel by September 14th in order to avoid being charged for the next month.
8. Data Protection and Backup.
8.1 Data Protection. We implement a variety of security measures designed to protect your personal and business data from unauthorized access and disclosure. These measures include advanced encryption technology, firewalls, and secure server facilities. However, no security system is impenetrable, and we cannot guarantee the security of our databases, nor can we guarantee that the information you supply will not be intercepted while being transmitted to us over the Internet.
8.2 User Responsibilities. It is your responsibility to ensure the integrity of your data. We recommend that you regularly back up your data associated with your account. Markate is not responsible for any loss, alteration, or corruption of data submitted to or stored on our platform.
8.3 Backup Procedures. While Markate takes steps to ensure data is backed up regularly, these backups are intended for our administrative purposes only, primarily for disaster recovery. Users should not rely solely on our backup procedures for their needs.
8.4 Data Retention and Deletion. Upon termination or cancellation of your account, your data will be retained indefinitely for recovery purposes. You may request data deletion by emailing support@markate.com, and all data associated with your account will be permanently deleted from our servers, unless otherwise required by law or necessary for legitimate business purposes.
8.5 Data Privacy. We adhere to all applicable data privacy laws including the California Consumer Privacy Act (CCPA), ensuring the protection and confidentiality of our users’ personal information.
8.6 Child Safety. We commit to maintaining the safety of children in accordance with CSAE standards and applicable laws. Our platform adheres to protocols that ensure reporting and prevention of child abuse.
9. Accuracy of Data.
9.1 User Responsibility. You are responsible for ensuring the accuracy of the data you input into the platform. This includes verifying that all information entered is correct, up-to-date, and free from errors. You must promptly update your data whenever necessary to reflect any changes in your business or personal information.
9.2 Markate’s Role. While Markate strives to ensure the accurate processing of your data, we depend on you to provide and maintain accurate information. We do not independently verify the correctness of the data submitted by you.
9.3 Corrections. If you identify any inaccuracies in your data stored on our platform, it is your responsibility to correct such information or contact our support team to make the necessary updates. We will assist you in correcting any data inaccuracies promptly upon notification.
9.4 Consequences of Inaccurate Data. Inaccurate data can affect the performance of the Tools and the effectiveness of the services provided. Markate is not responsible for any loss, damage, or liability that may arise from incorrect data provided by you.
9.5 Reporting Errors. If you discover any discrepancies or errors in the data processed by Markate, please report these issues immediately to our support team via support@markate.com. We are committed to correcting errors in the data we manage as quickly as possible.
10. Licenses and Insurance.
10.1 Compliance with Regulatory Requirements. You are responsible for obtaining and maintaining all licenses, permits, and insurances required by law to operate your business and use the Tools provided by Markate. This includes, but is not limited to, professional licenses, business licenses, and liability insurance. Markate, however, does not verify the licenses or insurance policies of its users.
10.2 User Obligations. Before using the Site or Tools to advertise, bid on, or accept jobs, you must ensure that you are fully licensed and insured according to your local and state regulations.
10.3 Indemnification. You agree to indemnify, defend, and hold harmless Markate and its affiliates, officers, agents, employees, and partners from any claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees, arising from or in any way connected with your failure to obtain or maintain any required licenses or insurance.
11. Indemnification.
11.1 Scope of Indemnification. You agree to indemnify, defend, and hold harmless Markate, its affiliates, officers, agents, employees, and partners from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable legal and accounting fees, arising from or in any way connected with your access to or use of the Site and Tools, your violation of this Agreement, or your violation of any rights of another.
11.2 Notification and Cooperation. Markate will provide prompt notification of any such claim, suit, or proceeding covered by this indemnity. You agree to cooperate fully with Markate in defending such claims, suits, or proceedings. Markate reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will still be required to indemnify Markate for the defense costs.
11.3 Settlement Approval. You may not settle any claim without the prior written consent of Markate, which shall not be unreasonably withheld.
12. Third Party Services.
12.1 Use of Third-Party Services. The Site and Tools integrate various third-party services and products, which may include payment processors like Square and PayPal, marketing tools, and others. When you engage with these third-party services, you are bound by their respective terms of service and legal agreements.
12.2 No Endorsement. Markate does not endorse, and is not responsible for, the accuracy, reliability, quality, or legality of any third-party service provider, their products, or services. Your use of third-party services is at your own risk.
12.3 Liability. Markate is not liable for any loss or damage of any sort incurred as the result of any dealings with third-party service providers or as the result of the presence of such providers on the Site.
12.4 Complaints and Claims. Any complaints, claims, or concerns regarding third-party services should be directed to the respective third-party service provider. Markate will not mediate disputes between you and a third-party provider unless explicitly stated in our policies.
13. Disclaimer of Liability.
This Site, its contents, and the Tools are provided “as is” without warranties of any kind, whether express or implied, including without limitation any warranty as to the accuracy, availability, completeness, reliability, title, currency or content of any information or material provided by or through this site, and the implied warranties of merchantability or fitness for a particular purpose. Your use of the Site is at your sole risk. You assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of the Site, and Markate shall not be liable for any damages of any kind related to your use of the Site or Tools.
IN NO EVENT SHALL Markate, OR ANY DIRECTOR, OFFICER, EMPLOYEE, LICENSOR, DISTRIBUTOR, SUPPLIER, AGENT, RESELLER, OR OPERATOR OF Markate, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) LOST BUSINESS OR LOST PROFITS AS A RESULT OF ANY TOOL NOT OPERATING PROPERLY, (III) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (IV) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (V) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (VI) ANY VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (VII) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
14. Specific Limitations of Tools.
14.1 Customer Finder 360 uses a third-party data lead provider which collects information from various sources that may or may not be accurate. While Markate endeavors to use providers with a track record of accurate information, it does not guarantee the accuracy of this data.
14.2 Employee App features a time clock for employees to clock in and out. Markate is not responsible for any errors in the time clock or the GPS feature. Markate is not responsible if a user manipulates or interferes with the accuracy of these features. Markate is not responsible for maintaining historical information from this feature and you should download and store such information for your records. It is your responsibility to properly train and instruct your employees on proper use of the Employee App. GPS automatically engages upon clocking in. The GPS feature only captures the employees’ location every five minutes, so there may be up to a five-minute lag time when you are checking an employee’s location. Errors, malfunctions, and inoperability of the employee’s device will affect the operability of these features. Markate is not responsible for the functionality of devices used by your employees.
14.3 Virtual Estimator uses publicly available information such as Google Maps to determine the size, distance, and location of structures. Markate is not responsible for the accuracy of this information or any information acquired through third-party sources. You agree that the Virtual Estimator should only be used for preliminary estimates and that you should visit the job site to provide accurate estimates.
14.4 Company Cam and job tracking features are designed to assist in documenting and managing job sites. Users should be aware that the accuracy of data captured by these Tools, including images and location data, can vary based on device performance and environmental factors. Markate is not responsible for inaccuracies in data captured or transmitted by these tools.
14.5 While our CRM and job management tools facilitate communication and project management, the effectiveness of these tools can be influenced by the accuracy of the data entered by users and the consistency of data updates. Markate does not guarantee the correctness of data generated by user input.
14.6 The integration of third-party services through platforms like Zapier and Google Services allows for expanded functionality. However, Markate does not control and is not liable for the third-party services operated by these integrations, such as data accuracy, service availability, and compliance with data protection laws.
14.7 Responsibid is integrated to facilitate proposal management. While Markate ensures basic compatibility with this system, we do not control Responsibid’s functionality or availability. Users should confirm the accuracy and effectiveness of the proposals generated and are encouraged to maintain backups of all critical data.
14.8 The Nicejob review system is designed to help users gather customer feedback effectively. Markate is not responsible for the reviews collected or displayed through Nicejob or the impact of these reviews on a user’s business. It is the user’s responsibility to engage with reviews in a manner compliant with applicable laws, including defamation and privacy.
14.9 Marketing tools, such as Customer Finder 360 and Google Integrations, are used to maintain customer relationships and expand reach. Users should verify the compliance of their marketing practices with applicable laws, including data protection and privacy laws. Markate is not responsible for the outcomes of marketing campaigns initiated through these tools.
14.10 Payment tools, such as Square, Stripe, Authorized.Net, PayPal, ACH, and Wisetack, are integrated to facilitate financial transactions. While these tools are subject to the security and compliance measures of their respective providers, Markate does not store or directly handle your payment data. Users should refer to the terms and conditions of the respective payment processors regarding transaction security and data privacy.
14.11 The online booking tools provided through the Site are designed to help users schedule appointments efficiently. However, Markate is not responsible for scheduling conflicts, inaccuracies in available times displayed, or any cancellations made by users or customers. Users should verify appointments independently and maintain direct communication with customers to confirm scheduled times.
14.12 Limitations on Use. Users are expected to utilize these tools within the operational limits set forth in this Agreement and the individual terms of use for each tool. Misuse or operational overreach beyond these stipulated boundaries may result in suboptimal performance or discontinuation of service.
15. Eligibility and Responsibility of Account.
15.1 Eligibility Requirements. To use the Site and access the Tools, you must:
• Be at least 18 years old;• Possess the legal capacity to enter into binding contracts; and
• Not be barred from receiving services under the laws of the United States or other applicable jurisdictions.
15.2 Account Registration. When creating your account, you must provide accurate and complete information including your name, email address, telephone number (not a virtual or VOIP number), and zip code. It is your responsibility to keep this information up to date. Failure to provide accurate registration information may result in suspension or termination of your account.
15.3 Account Security. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer and devices. You agree to accept responsibility for all activities that occur under your account or password. You must notify Markate immediately of any unauthorized use of your account or any other breach of security.
15.4 Responsibility for Account Activities. You are solely responsible for all activities that occur under your account, including the actions of any person who uses your account, whether or not authorized by you. Markate will not be liable for any loss or damage arising from your failure to comply with these obligations.
15.5 Account Misuse. You may not use your account or the Site in a manner that violates any applicable law or regulation or that infringes the rights of Markate or any third party. Such misuse may result in the suspension or termination of your account.
15.6 Updates and Changes. Markate reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
16. Termination / Cancellation.
Markate may terminate your use of the Site, including without limitation, your account with the Site, at any time, in our sole discretion. Upon any such termination, your right to use the Site will immediately cease. You agree that any termination of your access to or use of the Site may be effected without prior notice.
17. Links to Other Sites.
For your convenience, Markate may provide links on the Site to websites that are not operated by Markate, including links to government websites, social media or websites that sell products. We do not control such websites and are not responsible for their contents, products or operation. These links do not mean that Markate endorses, approves or sponsors the linked sites or any information, products or services contained on those sites. Markate is not liable for any damage that might result from your use of the information, products or services obtained. Your use of such websites is entirely at your own risk.
18. Modification of Terms of Use/ Modification of Website.
We reserve the right to change this Agreement at any time. We will announce any changes by posting a revised draft of this Agreement on the Site. You can determine when this Agreement was last revised by referring to Section 31 “Updates to Terms of Use” contained herein. If a change is, in our sole discretion, material, we will notify you of the change if you are an active subscriber. By continuing to use the Site following such changes, you will be deemed to have agreed to such changes. You agree to review this Agreement periodically to be aware of any such changes. Your use of certain services on the Site may be governed by additional rules, which will be available on the Site. By using any service you acknowledge that you have reviewed all rules for the service in question and agree to be bound by them.
We also reserve the right, at any time, to: change or discontinue any content or feature of the Site or any services or products made available through the Site without notice; charge fees in connection with the use of the Site; modify and/or waive any fees charged in connection with the Site; and/or offer opportunities to some or all users of the Site. You agree that we will not be liable for any modification, suspension or discontinuance of the Site or of any service, content, feature or product offered through the Site. Your continued use of the Site after such changes will indicate your acceptance of such changes.
19. Use of Tools.
You warrant and agree that you will not use any Tools for any unlawful purpose. You agree that all communications you send using the Tools will comply with all state and federal laws, including the Telephone Consumer Protection Act (TCPA) and the CAN-SPAM Act. The Tools include Text Blast and Ringless Voicemail, both of which may only be used in compliance with the TCPA. The TCPA restricts the making of telemarketing calls and the use of automatic telephone dialing systems and artificial or prerecorded voice messages. The TCPA rules require you to obtain prior express written consent from consumers before using the Tools, even if you have an established business relationship. The TCPA also requires you to discontinue sending texts or Ringless Voicemails to consumers who opt-out or ask to be removed. The TCPA also requires you to not send automated messages or voice mails to people on the national Do-Not-Call registry.
You will only use the Tools to send communications to your existing customers, and not to solicit new customers. You warrant that you have the recipient’s permission to send any communications that you send using any Tool. When using the Collage Maker, you will only upload photographs that were taken by an employee of your company or that you have proper permission to use.
20. Site Conduct.
When using the Site, including the feature to create your own online store, you may not post or transmit any material or content on or through the Site:
(a) that is false;
(b) that violates or infringes in any way upon the rights of others;
(c) that discloses private personally identifying information of another person that could lead to identity theft;
(d) that discloses confidential, proprietary information or trade secrets;
(e) that solicits, encourages, or promotes the use of illegal substances or activities;
(f) which is unlawful, threatening, abusive, harassing, defamatory, libelous, derogatory, constitutes invasion of privacy or publicity rights, is fraudulent or tortuous, vulgar, obscene, pornographic, bigoted or hateful, intimidating, profane, scandalous, pornographic, indecent or otherwise objectionable;
(g) that is protected by the copyright, trademark, trade secret or any other proprietary rights of anyone other than you;
(h) that expresses or implies that any statements you make are endorsed by us, without our prior written consent; or
(i) that gives rise to civil or criminal liability, encourages conduct that constitutes a criminal offense or otherwise violates any local, state, or federal law.
When using the Site, you may not post or transmit on or through the Site:
(j) software or other materials that contain viruses or other programs harmful or disruptive to the Site or other websites;
(k) chain letters; mass mailings; spam mail;
(l) any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents.
You may not:
(m) engage in any activity on the Site that restricts or inhibits any other user from using or enjoying the Site such as “hacking,” “hijacking,” “cracking,” “spoofing,” or defacing any portion of the Site;
(n) harvest or collect information about Site visitors or Registered Users without their express consent;
(o) create a database by systematically downloading and storing Site content;
(p) frame or mirror any part of the Site without our prior written consent;
(q) interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available; or violate any requirements, procedures, policies or regulations of such networks;
(r) disrupt Markate’s operations through use of foul language towards the support team, including but not limited to, through messages, calls, or social media. If you use foul language, Markate reserves the right to suspend your account.
21. User Comments, Feedback and other Submissions.
By submitting, disclosing, posting, transmitting or uploading any messages or data to the Site, you warrant and represent that you are the owner of those communications or that you have all rights necessary to submit, disclose, post, upload, transmit and otherwise use any such communications for your intended purpose. By posting information or content to the Site, you grant, and you represent and warrant that you have the right to grant, and that you do grant to Markate an irrevocable, perpetual, fully-paid, worldwide non-exclusive license to use, copy, perform, display and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing. If you do not agree to this license, do not post on the Site.
We may not be able to review all materials posted to the Site by users and we are not responsible for any materials posted by users. We reserve the right at all times to disclose any information necessary to satisfy any law, regulation, government request or court order to edit, refuse to post or to remove information or materials in whole or in part, that are the subject of a complaint or a report of abuse or that in our sole discretion are objectionable or in violation of this Agreement or as otherwise required by law or court order.
22. Copyrights, Trademarks and other Intellectual Property Rights.
All materials, including images, illustrations, designs, icons, photographs, text, software, graphics, videos, music and sound that are part of the Site are protected by U.S. and state copyright laws, international treaties and other intellectual property laws. All copyrighted or trademarked material or other intellectual property used on the Site is owned by us or others who have given us permission to use their protected intellectual property. The Site as a whole is also protected by copyright law and is owned by us.
The materials on the Site, and the Site as a whole, are intended solely for your personal, noncommercial use. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works of, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the intellectual property on the Site, the Site as a whole, or any related software without the prior written permission of Markate or the owner of that intellectual property.
23. Third-Party Content.
The Site may contain content supplied by parties other than Markate. Any advertisements, solicitations, opinions, advice, judgments, statements or other information or content expressed or made available by such third parties, are those of the respective author(s) and not of Markate. Markate makes no guarantees as to the accuracy, completeness or usefulness of any content or service provided, nor its merchantability or fitness for a particular purpose.
Markate is not responsible for the actions or inactions of any users of the Site, including the actions or inactions of any service professional listed on the Site.
24. Digital Millennium Copyright Act Compliance Notice.
If you believe any of the content on our Site infringes your copyrights, you may send us a notice of alleged infringement that complies with the Digital Millennium Copyright Act.
Markate will process notices of alleged infringement that it receives and will take appropriate actions as required by the Digital Millennium Copyright Act (the “DMCA”) and other applicable intellectual property laws. Pursuant to the DMCA, notifications of claimed copyright infringement should be sent to Markate’s designated agent:
Raeesabbas Mohamed, Esq.8283 N. Hayden Rd., Suite 229
Scottsdale, Arizona 85258
raees@rmwarnerlaw.com
To be effective, the notification must be in writing and must comply with the DMCA, 17 U.S.C. §512(c)(3). Notices which do not comply with the law will be disregarded.
25. Text and Email Messages
By providing us with your email address or your cellular telephone number, you expressly consent to receiving communications using that contact information from Markate. You acknowledge that your mobile provider’s standard rates for sending and receiving text messages will apply. If you wish to opt-out of receiving text or email messages, follow the unsubscribe instructions or email us at support@markate.com.
In compliance with the CAN-SPAM Act, we provide users with clear mechanisms to opt-out of receiving our marketing emails and ensure that our marketing practices meet all legal requirements.
26. Reviews
Markate may permit Customers to post reviews on the Site. Markate reserves the rights, in its sole discretion, to post or reject any review. Markate is not responsible for reviews that are posted and is not responsible for reviews that are not posted. Markate also reserves the right to remove a review that has been posted.
27. No Customization of Tools.
The Tools are not customized and may not be best suited for your industry or business needs. You should use your own discretion as to whether to use the Tools provided or use your own processes. Markate’s “Disclaimer of Liability” applies to your use of these Tools.
28. No Agency / No Third-Party Beneficiary.
There is no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship intended or created by this Agreement. Nothing in this Agreement is intended to benefit any third party.
29. Dispute Resolution.
Except for ancillary measures in aid of mediation and for proceedings to obtain provisional or equitable remedies and interim relief, including, without limitation, injunctive relief, any controversy, dispute or claim arising out of or in connection with or relating to this Agreement, or the breach, termination or validity thereof or any transaction contemplated hereby (any such controversy, dispute or claim being referred to as a “Dispute”) shall be subject to mediation in front of a neutral third-party mediator, in compliance with the provisions herein.
In order to invoke mediation, the complaining party must send the other party a written demand for mediation. The responding party must respond to the mediation request within ten (10) days. Markate shall choose a mediator who is neutral and disinterested as to the parties.
In the event that mediation is unsuccessful, any and all of said disputes, whether tortious or contractual in nature, shall thereafter be subject to private binding arbitration, consistent with the AAA Commercial Rules of Arbitration, which shall govern the parties, and the Arizona Rules of Evidence shall apply.
In order to invoke arbitration, the complaining party, only after mediation is unsuccessful, must send the other party a demand for arbitration, along with three suggested arbitrators. The responding party must respond to the arbitration demand within ten (10) days with an agreement to utilize one of the suggested arbitrators or three alternative suggested arbitrators. Thereafter, the complaining party will have five (5) days to agree to one of the responding party’s suggested arbitrators. If the parties cannot agree upon an arbitrator, the responding party will select one of the complaining party’s arbitrators to appoint an alternative arbitrator. All arbitrators shall be neutral and disinterested as to the parties.
The parties to the Dispute agree that no mediation or arbitration shall be initiated for any claims unless and until specific written notice has been given to each opposing party of each claim and thirty (30) days opportunity to cure any default or defect has been given after such notice, unless a shorter time is expressly provided to cure a default in this Agreement.
All dispute resolution shall be conducted expeditiously and in good faith by the parties to the Dispute. The parties agree to share equally in the costs of the dispute resolution, excluding their respective attorney’s fees. Mediation shall take place in Maricopa County, Arizona.
30. Governing Law and Jurisdiction.
This Agreement is entered into in the State of Arizona and is governed by the laws of the State of Arizona and by the federal laws of the United States, without reference to conflict of laws principles. You agree to the exclusive jurisdiction of the state and federal courts in Arizona to adjudicate any dispute arising out of or relating to this Agreement or your use of our Site. You also expressly consent to the personal jurisdiction of the state and federal courts in Arizona for any such action.
31. General Provisions.
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be stricken from this Agreement and the remaining provisions shall be enforced. Our failure to act with respect to any breach of this Agreement by you is not a waiver of our right to act with respect to subsequent or similar breaches. You may not assign or transfer this Agreement or your rights hereunder, and any attempt to do so is void. Markate shall not be liable for any delay or failure to perform resulting directly or indirectly from any causes beyond its control. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof and supersedes any prior understandings or agreements with respect to such subject matter.
32. Updates to Terms of Use.
Terms of Use updated as of March 2025.
