Terms of Service

LAST UPDATED — APRIL 2026

These Terms of Service (the "Agreement") are entered into between MarqOS Technologies Private Limited, having its registered office in Bengaluru, Karnataka, India ("MarqOS," "we," "us"), and the entity or individual accepting them ("Customer," "you"). This Agreement, together with any applicable order form, statement of work, or plan details confirmed at signup (an "Order"), governs Customer's access to and use of the MarqOS Growth OS, including the attribution, analytics, customer journey, audience segmentation, and customer engagement modules, our dashboard, and our SDK (collectively, the "Services"). By creating an account, accepting an Order, or using the Services, you agree to be bound by this Agreement on behalf of yourself and, if applicable, the organization you represent.

1. Eligibility and Accounts

You must be at least 18 years old and have the authority to bind your organization to use the Services. You agree to provide accurate registration information, to keep it up to date, and to keep your account credentials confidential. You are responsible for all activity that occurs under your account, whether or not you authorized it, except to the extent caused by our own breach of this Agreement.

2. The Services

The Services are designed to give Customer a unified view of its own customers across web and app, by unifying first-party attribution, analytics, journey tracking, segmentation, and multi-channel engagement under a single integration. We will provide the Services with reasonable skill and care, consistent with the functionality described on our website and in any applicable Order. We may make changes to the Services from time to time — including improvements, new modules, or the retirement of a feature — provided that any change which materially reduces core functionality will be communicated to Customer in advance with reasonable notice.

We may temporarily suspend the Services for scheduled maintenance, emergency security work, or to address a violation of this Agreement, and will give advance notice where reasonably possible.

3. Trials and Free Access

We may, at our discretion, offer a free trial or limited free tier of the Services for a defined period or usage volume ("Trial"). A Trial automatically ends when its time or volume limit is reached, or earlier if either party terminates it. Either party may end a Trial at any time without liability to the other. The Services provided under a Trial are offered "as is," without the warranties set out in Section 9, except where such exclusion is not permitted by law or in the case of our willful default.

4. Customer's Use of the Services

Customer may use the Services only for its own lawful business purposes and in accordance with this Agreement and any applicable Order. Customer agrees to: (a) implement the MarqOS SDK and any updates we reasonably require within 90 days of notice, where such updates address security or compliance issues; (b) follow our published integration guidelines; (c) obtain all consents and provide all notices required under applicable law before collecting any end-user data through the Services; and (d) not use the Services to process special categories of personal data (such as health, biometric, or financial account data) unless expressly agreed with us in writing.

Customer must not: resell, sublicense, or provide the Services to any third party outside its own organization, agencies, or affiliates without our prior written consent; use the Services to send unsolicited communications in violation of applicable anti-spam law; attempt to reverse-engineer, decompile, or extract the underlying source code of the Services; or use the Services in any manner that could disable, overburden, or impair our infrastructure or that of other customers.

Customer may permit its own employees, agencies, and authorized partners to access its account ("Authorized Users"), and remains responsible for their compliance with this Agreement as if their acts were its own.

5. Fees and Payment

Fees for the Services are as set out in the applicable Order. Unless stated otherwise, fees are billed in advance on a monthly or annual basis and are non-refundable once a billing period has started. We may revise our pricing for future billing periods with at least 30 days' written notice. All fees are exclusive of applicable taxes, which Customer is responsible for unless Customer provides a valid exemption certificate. Late or failed payments may result in suspension of the Services after reasonable notice.

6. Ownership and Data Rights

We retain all rights, title, and interest in the Services, including our software, dashboards, documentation, and any underlying technology, methodologies, and improvements, whether or not specific to Customer. Nothing in this Agreement transfers any such rights to Customer beyond the limited right to access and use the Services described in Section 7.

Customer retains all rights, title, and interest in the data it generates through use of the Services, including end-user data it has lawfully collected and any reports or exports derived from it ("Customer Data"). Customer grants us the limited right to host, process, transmit, and display Customer Data solely to provide the Services. We may use aggregated, anonymized data that cannot reasonably be used to identify any individual or Customer to improve our products, benchmark performance, and develop new features.

7. License Grant

Subject to this Agreement and timely payment of applicable fees, we grant Customer a non-exclusive, non-transferable, non-sublicensable, limited right to access and use the Services during the term of the applicable Order, solely for Customer's own internal business purposes.

8. Confidentiality

Each party may receive confidential or proprietary information of the other party in connection with this Agreement. Each party agrees to use the other's confidential information solely to perform its obligations under this Agreement, to protect it with at least the same degree of care it uses for its own confidential information, and not to disclose it to third parties except to employees, contractors, or advisors who need it and are bound by similar confidentiality obligations, or as required by law.

9. Warranties and Disclaimers

Each party warrants that it has the legal authority to enter into this Agreement. We warrant that the Services will materially conform to the documentation made available to Customer. Except as expressly stated in this Agreement, the Services are provided without any other warranty of any kind, whether express, implied, or statutory, including any implied warranty of merchantability, fitness for a particular purpose, or non-infringement, to the fullest extent permitted by applicable law.

10. Limitation of Liability

To the maximum extent permitted by applicable law, neither party will be liable to the other for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, or goodwill, arising out of or related to this Agreement, even if advised of the possibility of such damages. Each party's total aggregate liability arising out of or related to this Agreement will not exceed the total fees paid or payable by Customer under the applicable Order in the twelve (12) months preceding the event giving rise to the claim, except for liability arising from a breach of Section 8 (Confidentiality), a party's indemnification obligations, or any liability that cannot be limited under applicable law.

11. Indemnification

Customer agrees to indemnify and hold MarqOS harmless from third-party claims arising out of Customer's breach of Section 4 (Customer's Use of the Services), Customer's violation of applicable data protection or anti-spam law, or Customer's unauthorized use of end-user data through the Services. We agree to indemnify and hold Customer harmless from third-party claims that the Services, as provided by us and used in accordance with this Agreement, infringe a third party's intellectual property rights, subject to Customer providing prompt notice and reasonable cooperation in the defense of such claim.

12. Term and Termination

This Agreement remains in effect for as long as an Order is active, plus any period during which Customer continues to access the Services. Either party may terminate this Agreement for the other party's uncured material breach upon 30 days' written notice describing the breach, if it remains uncured at the end of that period. We may suspend or terminate access immediately in cases of suspected fraud, security risk, or a violation of Section 4 that creates legal exposure for us or our other customers. Upon termination, Customer's right to access the Services ends, and we will make Customer Data available for export for 30 days following termination, after which it will be deleted or anonymized in accordance with our data retention practices, unless a longer period is required by law.

13. Changes to This Agreement

We may update this Agreement from time to time to reflect changes in the Services or applicable law. We will provide at least 30 days' notice of material changes by email or through the dashboard before they take effect. If Customer objects to a material change, Customer may terminate the affected Order effective as of the change's effective date by notifying us in writing within that notice period; continued use of the Services after the effective date constitutes acceptance of the updated Agreement.

14. Governing Law and Jurisdiction

This Agreement is governed by the laws of India, without regard to its conflict of laws principles. The parties submit to the exclusive jurisdiction of the competent courts located in Bengaluru, Karnataka, India for any dispute arising out of or relating to this Agreement, and each party waives any objection to that venue on grounds of inconvenience or otherwise.

15. General

This Agreement, together with any applicable Order, constitutes the entire agreement between the parties regarding the Services and supersedes any prior agreements on the same subject. If any provision of this Agreement is found unenforceable, the remaining provisions will continue in full force. Neither party may assign this Agreement without the other's written consent, except in connection with a merger, acquisition, or sale of substantially all assets. Failure to enforce any provision is not a waiver of the right to do so later. Notices under this Agreement should be sent to support@marqos.io or to Customer's account contact on file.

16. Contact

Questions about this Agreement can be directed to support@marqos.io. Our registered office is in Bengaluru, Karnataka, India.