Markaz Terms of Service

The Markaz Services are offered to Client subject to its acceptance, without modification, of these Terms of Service and any future modifications thereof, and procedures that may be published from time to time or made available to Client on or through the Markaz Services. When the Markaz Services are used by a Client, these Terms form a legally binding contract between Client and Markaz. If you are entering into these Terms on behalf of an entity, such as your employer, or the company you work for, you represent and warrant that you have the legal authority to represent and bind such Client, in which case the terms “you,” “your,” “customer” or a related capitalized term herein will refer to such Client.

IF YOU ARE USING YOUR EMPLOYER OR AN ENTITY’S EMAIL ADDRESS IN REGISTERING FOR THE MARKAZ SERVICES, PLEASE NOTE THAT YOU ARE DEEMED AS AN AUTHORIZED REPRESENTATIVE AND/OR AGENT OF YOUR EMPLOYER OR AN ENTITY (AS APPLICABLE).

The Terms is a contract that governs Clients’ use of the Markaz Services and consists of the following:

• Master Terms

• Privacy Notice

If you register for a Free Trial of the Platform, the applicable provisions of the Terms will govern that Free Trial.

PLEASE READ THESE TERMS CAREFULLY. BY REGISTERING FOR, ACCESSING, BROWSING, AND/OR OTHERWISE USING THE MARKAZ SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, DO NOT ACCESS, BROWSE OR OTHERWISE USE THE MARKAZ SERVICES.

THIS AGREEMENT IS SUBJECT TO AN ARBITRATION PROVISION THAT APPLIES TO THE SUBSCRIPTION TO OR USE OF MARKAZ’S SERVICES. THAT ARBITRATION PROVISION CAN BE FOUND AT SECTION 14.2 BELOW. THE ARBITRATION PROVISION APPLIES TO MARKAZ CLIENTS OR SUBSCRIBERS AND DOES NOT ENCOMPASS DISPUTES BETWEEN MARKAZ AND PERSONS MERELY BROWSING MARKAZ’S WEBSITE. If you do not agree to arbitrate disputes with Markaz, then do not subscribe to, or purchase Markaz’s products.

MASTER TERMS

1. Definitions

“Account” means the primary means for accessing and using the Markaz Services, subject to payment of a Fee designated in the selected Plan.

“Administrator” means a User(s) of an Account which the Client has granted a special authorization to manage the Client Account.

“Affiliates” means any legal entity that controls or owns more than 50% of such entity’s outstanding shares or securities, is controlled by, or under common control with a party.

“Beta Service” means any functionality of Markaz Services that is in development or has not been commercially released as a final product and which Markaz has made available to Client for testing and evaluation.

“Client” means a natural or legal person or entity who has accepted these Terms with Markaz by using the Markaz Services.

“Client Data” means data and documents of any kind (images, spreadsheets, text files, etc.) and any other digital data and information, which is subject to the Platform, or otherwise inserted into the Platform by the Client and for which Markaz is a “processor” (as defined in the Privacy Notice). Client Data shall not contain Sensitive Information.

“Content” means any data and information available through Markaz Services or contained within the structure of the Markaz Services, including but not limited to, articles, documents, brochures, presentations, pictures, images, audiovisual works, other informational materials and any comments.

“Credentials” means all usernames, passwords, and other access credentials created by or assigned to Client and each of its designated Users for use of the Markaz Services.

“Feature” means a function or set of functions providing a particular capability within the Markaz Services as determined by Markaz.

“Fee” means regular payment for using the Markaz Services via an activated Account.

“Feedback” means any comment, bug report, feedback, suggestion or modification for the Markaz Services which Client or a User provides to Markaz.

“Free Trial” means temporary access for the purposes of trying out any part of the Markaz Services or Features in accordance with any selected Plan without paying a Fee.

“Master Terms” means these core legal and commercial terms that apply to Client’s use of Markaz Services.

“Markaz” means Markaz Inc. or any of its Affiliates.

“Markaz Materials” means the visual interfaces, graphics, design, systems, methods, information, computer code, software, services, “look and feel”, organization, compilation of the Content, code, data, and all other elements of the Markaz Services.

“Markaz Services” means the Web Site, Content, Markaz Materials, Platform and all other content, services and/or products, and Features, available on or through the Platform.

“Plan” means various criteria related to the use and functionality and cost of a particular Markaz Service and on which the Fee is based.

“Plan Term” means the period of the Client’s use of the Markaz Services commencing on the date of payment of the corresponding Fee for the associated Plan and concluding on the date of expiration of the Plan.

“Platform” means the Markaz customer relationship management application, including any associated Features.

“Privacy Notice” means the notice, as set forth at https://www.gomarkaz.com/privacy-policy, which describes how Markaz collects, receives, uses, stores, shares, transfers, and processes Client Data in connection with Client’s use of the Markaz Services. It also describes Client’s choices regarding use, as well as Client’s rights of access to and correction of its Client Data.

“Renewal Date” means the date the Client’s Plan will automatically renew on an annual or monthly basis depending on the Client’s Plan.

“Reseller” means a third party entity that (i) purchases Markaz Services from Markaz and resells such Markaz Services to Clients, (ii) bills such Clients directly and (iii) provides such Clients with customer service related to the Markaz Services.

“Sensitive Information” means credit or debit card numbers; financial account numbers or wire instructions; government issued identification numbers (such as Social Security numbers, passport numbers), biometric information, personal health information (or other information protected under any applicable health data protection laws), personal information of children protected under any child data protection laws, and any other information or combinations of information that falls within the definition of “special categories of data” under GDPR or any other applicable law relating to privacy and data protection.

“Terms” means these Terms of Service and consists of the Master Terms and the Privacy Notice.

“Seat” means a single license to access the Account on which the Fee is based and which can be assigned to a User.

“User” means an entity or individual granted with the authorized rights and privileges to use the Account on behalf of a Client.

“Web Site” means the compilation of all web documents (including images, php and html files) made available via https://www.gomarkaz.com or its subdomains or domains with identical names under other top domains and owned by Markaz.