Terms of service

These Terms of Service (“Terms”) govern your access to and use of the Marker.io Service (as defined below) and form a binding agreement between you (“Customer”, “you”) and Marker.io SRL (“Marker.io”, “we”, “us”, or “our”), a Belgian company registered under number 0556685968 with registered office at Avenue Louise 231, 1050 Brussels, Belgium.

By creating an account, accessing, or using the Service, you agree to be bound by these Terms.

If you have executed a separate written Master Services Agreement (“MSA”) with Marker.io, then the MSA shall take precedence over these Terms in the event of any conflict

Definitions

For purposes of these Terms:

• “Account” means the Customer’s registered account through which the Service is accessed and managed.
• “User” or “Authorized Users” or “Team Members” means the employees, contractors, or agents of the Customer who are authorized to access and use the Service under these Terms.
• “Customer Data” means all data, content, or information submitted or transmitted to the Service by the Customer or its Users.
• “Documentation” means any user guides, manuals, or other materials provided by Marker.io describing the use and operation of the Service.
• “Order” or “Order Form” means the online subscription plan, pricing page, or written order through which Customer subscribes to the Service.
• “Service” means Marker.io’s cloud-based bug reporting and feedback collection software, including any associated website, integrations, APIs, or mobile components.
• “Subscription Period” means the initial and any renewal term of the Customer’s subscription, as specified in the Order.
• “Taxes” means all applicable sales, VAT, GST, or other governmental taxes, excluding taxes based on Marker.io’s income.
  

1. Scope and Application

1.1 These Terms apply to all Customers using the Service, unless superseded by an MSA executed between Customer and Marker.io. In the event of any conflict between an MSA and these Terms, the MSA shall prevail.

1.2 The Service is provided solely for business and professional use. By using the Service, Customer represents that it is acting in a business capacity and not as a consumer

1.3 Marker.io may update these Terms from time to time. Continued use of the Service after such updates constitutes acceptance of the revised Terms. The latest version will always be available at https://marker.io/terms 

2. Term and Renewal

2.1 Each subscription commences on the date of purchase or activation and continues for the Subscription Period indicated in the Order.

2.2 Unless otherwise stated, all subscriptions automatically renew for successive periods equal to the initial term, unless either party cancels before the end of the current Subscription Period.

2.3 Marker.io may offer a free trial of the Service for a limited period, typically fifteen (15) calendar days, unless otherwise specified at sign-up. During the trial period, the Service is provided “as is” without warranty of any kind. At the end of the trial, the subscription will automatically convert into a paid plan unless cancelled prior to expiration of the trial period.

2.4 Cancellation must be made via the Account interface or by written notice to support@marker.io prior to renewal. No refunds will be issued for partial Subscription Periods  

3. Fees and Payment

3.1 Fees are as set forth in the Order or on the applicable pricing page. All fees are non-refundable except as expressly provided in these Terms. 

3.2 Customer authorizes Marker.io (or its payment processor) to automatically charge all fees using the payment method on file. If payment cannot be processed, Marker.io may suspend access until payment is received.

3.3If any Fees are not paid when due, Marker.io may, after providing notice, suspend or limit access to the Service until payment is received. Marker.io may also suspend access immediately if it reasonably suspects that Customer’s use of the Service (a) violates applicable law or these Terms, (b) threatens the security or integrity of the Service, or (c) could result in harm to Marker.io or any third party.

3.4 Fees are billed in the currency displayed in the Order or applicable plan. Prices are exclusive of Taxes, which will be added where required by law.

3.5 Marker.io reserves the right to modify pricing or plans upon renewal. Any price changes will take effect at the start of the next Subscription Period.

3.6 Marker.io may modify the Service, its features, or the applicable pricing from time to time. Any such modifications will not affect the Customer’s current Subscription Period but will apply upon renewal. Marker.io will provide reasonable prior notice of any material change by posting updated terms or pricing on its website.

4. Access Rights and Use Restrictions

4.1 Subject to payment of applicable Fees, Marker.io grants the Customer a non-exclusive, non-transferable, limited right to access and use the Service during the Subscription Period in accordance with these Terms.

4.2 The Customer shall ensure that each Authorized User is assigned a unique login credential and that credentials are not shared between individuals. Account sharing is strictly prohibited.

4.3 The Customer is responsible for all actions taken under its Account, including by its Authorized Users.

4.4 Customer shall not, and shall ensure its Authorized Users do not:

- copy, modify, or create derivative works of the Service;

- reverse engineer, decompile, or attempt to extract source code;

- use the Service to build a competing product;

- use the Service for unlawful purposes or in violation of applicable laws; or

- access the Service in a manner intended to circumvent usage limits or applicable plan restrictions.

4.5 Marker.io may, upon reasonable notice, verify Customer’s compliance with these Terms and usage limits. If excess usage is discovered, Customer shall promptly pay additional Fees as applicable

5. Intellectual Property

5.1 All intellectual property rights in and to the Service, software, and Documentation remain the exclusive property of Marker.io or its licensors. No rights are granted except as expressly provided herein.

5.2 Customer retains all rights to Customer Data. Marker.io may use such data only to provide, maintain, and improve the Service, and as otherwise permitted by law.

5.3 Customer grants Marker.io a limited, worldwide, royalty-free license to host, store, and process Customer Data solely as necessary to provide the Service. 

6. Support and Service Levels

6.1 Marker.io shall provide technical support to paying Customers via email and chat during business hours (Monday–Friday, 9 a.m.–6 p.m. CET).

6.2 Marker.io shall use commercially reasonable efforts to make the Service available with a monthly uptime of 99%, excluding scheduled maintenance, force majeure events, or issues caused by third-party services.

6.3 Marker.io may update, improve, or modify the Service at any time, provided such changes do not materially degrade core functionality.

6.4 Marker.io may perform scheduled maintenance or deploy updates that may temporarily affect the availability of the Service. Marker.io will use reasonable efforts to provide prior notice of any material maintenance and to minimize disruption.

7. Data Protection and Privacy

7.1 Each party shall comply with applicable data protection laws, including the EU General Data Protection Regulation (GDPR).

7.2 To the extent Marker.io processes personal data on behalf of Customer, such processing shall be governed by the Data Processing Agreement (DPA) available at https://marker.io/dpa, which is incorporated by reference into these Terms.

7.3 Marker.io maintains appropriate technical and organizational measures to protect Customer Data against unauthorized access, loss, or disclosure and shall notify Customer of any confirmed security incident without undue delay.

7.4 For additional information on how Marker.io handles personal data, please refer to our Privacy Policy.

8. Confidentiality

8.1 Each party agrees to keep confidential any non-public information disclosed by the other party that is marked or reasonably understood to be confidential.

8.2 Confidential information does not include information that is publicly available, received lawfully from a third party, or independently developed without reference to the other party’s information.

8.3 These confidentiality obligations shall survive termination of these Terms for a period of five (5) years.

9. Publicity

9.1 Unless otherwise agreed in writing, Marker.io may use Customer’s name and logo in its marketing materials and on its website to identify Customer as a user of the Service. Any additional publicity or case study shall require Customer’s prior approval.

10. Termination and Data Return

10.1 Either party may terminate these Terms with immediate effect if the other materially breaches them and fails to remedy such breach within thirty (30) days of written notice.

10.2 Marker.io may suspend access immediately if Customer fails to pay Fees when due or breaches Section 5.

10.3 Upon termination or expiry, Customer shall cease all use of the Service. Upon written request within thirty (30) days, Marker.io will make available a copy of Customer Data in a commonly used format. After that period, Marker.io may delete or anonymize Customer Data in accordance with its data retention policies.

11. Warranties and Disclaimers

11.1 Each party represents and warrants that it has the authority to enter into these Terms. Customer represents and warrants that it has the full power and authority to enter into these Terms and that all information provided to Marker.io, including billing details, are accurate and complete. Customer shall comply with all applicable laws and regulations in connection with its use of the Service.

11.2 Marker.io warrants that the Service will perform substantially in accordance with its Documentation and that it will be provided with reasonable care and skill.

11.3 Except as expressly provided, the Service is provided “as is”. Marker.io disclaims all other warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement.

11.4 Customer shall indemnify, defend, and hold harmless Marker.io from and against any third-party claims, damages, or expenses arising from Customer’s misuse of the Service or violation of these Terms.

12. Limitation of Liability

12.1 To the maximum extent permitted by law, Marker.io’s total aggregate liability arising out of or related to these Terms shall not exceed the total Fees paid by Customer during the twelve (12) months preceding the event giving rise to the claim.

12.2 In no event shall either party be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits or data, even if advised of the possibility of such damages.

13. Force Majeure

13.1 Neither party shall be liable for any delay or failure to perform its obligations due to causes beyond its reasonable control, including natural disasters, acts of government, war, civil unrest, internet failures, or labor disputes.

14. Notices

14.1 All notices under these Terms shall be in writing and sent by email to the addresses specified below or as updated by notice:

- For Marker.io: support@marker.io

- For Customer: the email address associated with the Customer’s Account.

15. Miscellaneous

15.1 Assignment. Customer may not assign these Terms without Marker.io’s prior written consent. Marker.io may assign or transfer these Terms in connection with a merger, acquisition, or sale of its assets.

15.2 Sub-contracting. Marker.io may use third-party contractors or subprocessors to perform its obligations under these Terms, provided that Marker.io remains responsible for their acts and omissions as if they were its own.

15.3 Entire Agreement. These Terms, together with any Order and incorporated documents (Privacy Policy, DPA, SLA), constitute the entire agreement between the parties and supersede all prior understandings.

15.4 Severability. If any provision of these Terms is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.

15.5 No Waiver. Failure to enforce any provision shall not constitute a waiver of rights.

15.6 Governing Law and Jurisdiction. These Terms shall be governed by and construed in accordance with the laws of Belgium. The courts of Brussels, Belgium shall have exclusive jurisdiction to resolve any dispute arising out of or in connection with these Terms.

15.7 These Terms are drafted in English and may be translated for convenience. In case of discrepancy, the English version shall prevail. The version published on https://marker.io/terms shall be deemed the official and most current version.

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