Effective date: August 15, 2019
PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ANY OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.
We are constantly trying to improve our Services, and these Terms may need to change along with the Services. We reserve the right to change the Terms at any time. If the changes materially impact the Terms, we will use reasonable efforts to bring it to your attention by placing a notice on the MARQ VISION website, by sending you an email, or by some other means. If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. Use the Services in any way after a change to the Terms constitutes agreement to all of the changes.
Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.
The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13. We do not knowingly collect or solicit personally identifiable information from children under 13; if you are a child under 13, please do not attempt to register for the Services or send any personal information about yourself to us. If we learn we have collected personal information from a child under 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us personal information, please contact us at firstname.lastname@example.org.
The Services allow you to record videos of packing processes and send them to your customers. You may use the Services to take videos using our mobile app, store videos on our web server, manage or search videos on our dashboard, send videos to customers’ emails, or download videos to your computer. MARQ VISION serves as a service provider for you to communicate with your customers. MARQ VISION does not guarantee resolving disputes between you and your customers and MARQ VISION is not a party to any contract you form with your customers.
You may be required to sign up for an account (the “User Account”) to use our Services. You promise to provide us with accurate, complete, and updated registration information about yourself. You may not transfer your account to anyone else without our prior written permission.
You represent and warrant that you are of legal age to form a binding contract. You represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms (in which case, the references to “you,” “yourself,” and “your” in these Terms, except for in this sentence, refer to that organization or entity).
You will only use the Services in a manner that complies with all laws and regulations. You will ensure that the information you supply to us is complete and accurate. If your use of the Services is prohibited by law, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services in a way that breaks the law.
You will not share your account or password with anyone, and you must protect the security of your account and your password. You’re responsible for any activity associated with your account.
You represent, warrant, and agree that you will not use the Services, including without limitation uploading any Content, or otherwise use the Services or interact with the Services in a manner that:
(a) Infringes or violates the intellectual property rights or any other rights of anyone;
(b) Constitutes a breach of, or otherwise conflicts with, any terms, rules, or policies, or agreements that you may have;
(c) Violates any law or regulation, including any applicable export control laws;
(d) Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
(e) Jeopardizes the security of your Account or the Account of any other user (including, but not limited to, allowing an unauthorized individual to log in to your Account);
(f) Attempts, in any manner, to obtain the password, account, or other security information from any other user;
(g) Violates the security of any computer network, or cracks any passwords or security encryption codes;
(h) Runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);
(i) “Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services, whether by manual or automated means;
(j) Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services.
The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, videos and so forth (all of the foregoing, the “Content”) may be protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Content not owned by you: (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including MARQ VISION’s) rights.
You understand that MARQ VISION owns the Services. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works based on, or otherwise exploit any of the Services.
The Services may allow you to copy or download certain Content; please remember that just because this functionality exists, doesn’t mean that all the restrictions above don’t apply – they do!
You hereby grant MARQ VISION a license to translate, modify and reproduce and otherwise act with respect to such User Submissions, in each case to enable us to provide and operate the Services. You also grant MARQ VISION a license to analyze your uploaded videos and use the data from the videos to improve our analytic models. You agree that the license you grant is non-exclusive, royalty-free, perpetual, irrevocable, and worldwide. This is a license only – your ownership in User Submissions is not affected.
You are responsible for all Content you upload, in any manner, to the Services, and you represent and warrant that you have all rights necessary to do so, in the manner in which you contribute it. You will keep all your registration information accurate and current. You are responsible for all your activity in connection with the Services.
The Services may contain links or connections to your customers. You agree that we are in no way responsible for the accuracy, timeliness or completeness of information we provide to your customers. Your interaction with any customers through our Services, including advertisement and delivery of videos, and any other terms, conditions, warranties or representations associated with such dealings, is solely at your own risk. You agree that MARQ VISION will have no liability with respect to the acts, omissions, errors, representations, warranties, breaches or negligence of your customers or for any personal injuries, death, property damage, or other damages or expenses resulting in any manner from your interactions with your customers.
If there is a dispute between participants on this site, or between you and your customers or any other third party, you agree that MARQ VISION is under no obligation to disclose any information we received from you or your client, or become involved in the dispute in any manner. In the event that you have a dispute with one or more customers, you release MARQ VISION, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her must have materially affected his or her settlement with the debtor.”
We’re always trying to improve the Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We’ll try to give you notice when we make a material change to the Services that would adversely affect you, but this isn’t always practical. Similarly, we reserve the right to remove any Content from the Services at any time, for any reason, in our sole discretion, and without notice.
You agree to pay all fees associated with the Service. Our current standard pricing is set forth here, which may be updated from time to time. If it is updated, we will provide notice thirty (30) days in advance of such change, and your continued use of the Services constitutes acceptance of the new pricing. If you purchase a subscription, we will charge you, via the payment method you designate through our Services, at the start of each subscription period for the fees and taxes applicable to that period. To avoid future charges, you must cancel before the renewal date. You may be subject to alternate pricing as set forth on a separate, mutually-signed order form (“Order Form”) or in some other mutually-agreed written form. Unless otherwise stated on the Order Form, MARQ VISION reserves the right to revise your pricing at any time by providing written notice to you, and in case of a conflict, the terms on the Order Form prevail.
When you purchase the services on a subscription basis (e.g., monthly or annually), you agree that you are authorizing recurring payments, and payments will be made to MARQ VISION by the method and at the recurring intervals you have agreed to, until the subscription for that service is terminated by you or by MARQ VISION. By authorizing recurring payments, you are authorizing MARQ VISION and MARQ VISION’s authorized payment processors to store your payment information and process such payments. Subscription fees are generally charged in advance of the applicable subscription period. If any payment is returned unpaid or if any credit card or similar transaction is rejected or denied, MARQ VISION or its service providers reserve the right to collect any applicable return item, rejection or insufficient funds fee and process any such payment as an electronic payment.
You must provide current, complete and accurate payment and billing information for your account. You must properly update all information to keep your account current, complete, and accurate (for example, you must notify us of a change in billing address, credit card number, or credit card expiration date). Changes to such information may be made at https://marqvision.com/pricing. Failure to keep such payment method details current and accurate may result in MARQ VISION’s failure to collect applicable fees, and may result in the suspension or termination of your access to the Services.
You may request a refund for any cancellations, but such refunds are subject to the discretion of MARQ VISION. Accepted refund requests will be credited within ten (10) business days.
You can upgrade your plan any time by visiting our website and adjusting your plan settings. If you upgrade your monthly plan, your old plan will be canceled immediately and you will receive a prorated credit for the old plan. If you upgrade your annual plan, your contracted term will stay the same and you will only be charged the difference in price between the old and the upgraded plan.
You can cancel or downgrade your subscription any time by contacting us at email@example.com.
For monthly subscriptions, if you cancel within 5 business days of signing up or upgrading to a paid plan, you will receive a full refund. If you cancel after 5 business days, your payment is non-refundable and your service will continue until the end of that month's billing period. For monthly subscriptions, if you downgrade, your payment is non-refundable and your service under the downgraded plan will start after the end of that month's billing period.
For annual subscriptions, if you cancel within 5 business days of signing up or upgrading to a paid plan, you will receive a full refund. If you cancel after 5 business days, your payment is non-refundable and your service will continue until the end of your contracted term. For annual subscription, if you downgrade, your payment is non-refundable and your service under the downgraded plan will start after the end of your contracted term.
Every month, you will be able to upload a maximum number of videos (the “Quota”) according to our pricing plan. For Basic Plan, if you use all of your Quota in a given month, you will be able to upload more videos by upgrading to a plan with a higher Quota or by waiting until the next renewal, which occurs every month on the day of the month you last upgraded your plan or first signed up for a paid plan. If a month does not have that day of the month, your plan will be renewed on the last day of that month. For other plans, if you use all of your Quota in a given month, you will be able to upload more videos by upgrading to a plan with a higher Quota or by paying separately for additional videos as specified in the pricing plan.
Unless we agree otherwise in a separate agreement, your videos may be automatically deleted after they have been stored on our servers for 60 days. MARQ VISION may terminate your use of (or suspend access to) the Services, for any reason in our discretion, including your breach of these Terms. Upon deactivation of your account for any reason, you shall immediately pay to us all of your outstanding unpaid fees. MARQ VISION has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.
Account termination may result in destruction of any Content associated with your account, so keep that in mind before you decide to close your account. We will try to provide advance notice to you prior to our terminating your account so that you are able to retrieve any important User Submissions you may have stored in your account (to the extent allowed by law and these Terms), but we may not do so if we determine it would be impractical, illegal, not in the interest of someone’s safety or security, or otherwise harmful to the rights or property of MARQ VISION.
If you have cancelled your account by mistake, contact us immediately at firstname.lastname@example.org – we will try to help, but unfortunately, we can’t promise that we can recover or restore anything.
Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.
You consent to MARQ VISION’s access, collection, transmission, storage, monitoring, copying, processing, analysis and use of your data to administer, develop and improve our Service and our other products and services, and to monitor compliance with this Agreement. MARQ VISION maintains the right, title, and interest in and to any data or information regarding the use or optimizing the use or sale of our Service.
You may be able to delete your videos in our web dashboard. Even if you delete your videos, we do not delete videos permanently from our server. If you contact us directly to have your account terminated or all of your data removed from our server, then we may honor that request on a case-by-case basis. If you terminate your account, your data stays in our server for at least 180 days until permanent deletion for backup and security purposes.
While the Terms are in force, MARQ VISION may include your company logo and profile on any website it maintains for customers of MARQ VISION’s services. You consent to publication of your company’s name by MARQ VISION as a MARQ VISION customer.
Neither MARQ VISION nor its licensors or suppliers makes any representations or warranties concerning any content contained in or accessed through the Services, and we will not be responsible or liable for (i) the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services, (ii) any failure or delay in uploading, storing and sending videos (including, without limitation, any failure or delay arising from the use of or inability to use any part of the Services), or (iii) the disputes between you and your customers based on the videos arranged through the Services. We (and our licensors and suppliers) make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services. Products and services purchased or offered (whether or not following such recommendations and suggestions) through the Services are provided “AS IS” and without any warranty of any kind from MARQ VISION or others (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third party for a specific product). TO THE EXTENT PERMITTED BY LAW, THE SERVICES AND CONTENT ARE PROVIDED BY MARQ VISION (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL MARQ VISION (OR ITS LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO MARQ VISION IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, (C) ANY ACTS, OMISSIONS,OR FAILURES OF A COURIER, OR (D) ANY MATTER BEYOND OUR REASONABLE CONTROL.
Indemnity. To the fullest extent allowed by applicable law, You agree to indemnify and hold MARQ VISION, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the Services (including any actions taken by a third party using your account), (b) your violation of these Terms, and (c) your violation of rules, policies, terms of service, or any agreement between you and your customers. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).
Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without MARQ VISION’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
Choice of Law; Arbitration. These Terms are governed by and will be construed under the laws of the State of California, without regard to the conflicts of laws provisions thereof. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled in San Francisco County, California, in English, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, we shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in, respectively, San Francisco County, California, or the Northern District of California. Any arbitration under these Terms will take place on an individual basis: class arbitrations and class actions are not permitted. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND MARQ VISION ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Miscellaneous. You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that the MARQ VISION may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and MARQ VISION agree that these Terms (including any applicable Order Form(s)) are the complete and exclusive statement of the mutual understanding between you and MARQ VISION, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of MARQ VISION, and you do not have any authority of any kind to bind MARQ VISION in any respect whatsoever. You and MARQ VISION agree there are no third party beneficiaries intended under these Terms.