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Terms of Service

Service Agreement

Please read these terms carefully before using our services. By using Marcoby services, you agree to be bound by these terms.

Last updated: January 15, 2025

Terms Overview

These Terms of Service ("Terms") govern your use of Marcoby's services and platforms. By accessing or using our services, you agree to be bound by these Terms and our Privacy Policy.

Important Notice

These terms constitute a legally binding agreement between you and Marcoby. If you do not agree to these terms, please do not use our services.

Services Covered

Marcoby Connect

Unified Communications Platform

  • Text messaging and SMS services
  • Voice communications
  • Video conferencing
  • Team collaboration tools
  • 10DLC compliant messaging

Marcoby Catalyst

Managed IT Solutions

  • Infrastructure management
  • Network monitoring
  • Security services
  • Backup and disaster recovery
  • Technical support

Marcoby Pulse

Marketplace Platform

  • Hardware and software sales
  • Hosting solutions
  • Vendor management
  • Payment processing
  • Order fulfillment

Marcoby Nexus

SaaS Platform

  • Workflow automation
  • Tool integrations
  • Analytics and insights
  • API access
  • Custom applications

User Accounts & Registration

Account Creation

  • • You must be at least 18 years old to create an account
  • • Provide accurate, current, and complete information
  • • Maintain the security of your account credentials
  • • Notify us immediately of any unauthorized access
  • • You are responsible for all activities under your account

Account Responsibilities

  • • Keep your account information up to date
  • • Use strong, unique passwords
  • • Enable two-factor authentication when available
  • • Do not share your account with others
  • • Comply with all applicable laws and regulations

Acceptable Use Policy

Permitted Uses

  • • Use services for lawful business purposes
  • • Comply with all applicable laws and regulations
  • • Respect intellectual property rights
  • • Maintain appropriate security measures
  • • Use services as intended and documented

Prohibited Uses

  • • Illegal activities or content
  • • Spam, phishing, or fraudulent communications
  • • Malware, viruses, or harmful code
  • • Unauthorized access or hacking attempts
  • • Violation of third-party rights

SMS & Communications Terms

SMS Compliance

  • • Comply with 10DLC requirements and carrier regulations
  • • Obtain explicit consent before sending SMS messages
  • • Provide clear opt-out mechanisms
  • • Maintain accurate consent records
  • • Follow content and frequency guidelines

Communication Standards

  • • Use appropriate and professional language
  • • Respect recipient preferences and opt-outs
  • • Do not send unsolicited commercial messages
  • • Include required sender identification
  • • Monitor delivery and engagement metrics

Payment & Billing Terms

Payment Obligations

  • • Pay all fees in advance unless otherwise agreed
  • • Provide accurate billing information
  • • Authorize recurring payments for subscription services
  • • Pay applicable taxes and surcharges
  • • Maintain valid payment methods on file

Billing & Refunds

  • • Invoices are due upon receipt unless otherwise stated
  • • Late payments may result in service suspension
  • • Refunds are provided according to our refund policy
  • • Disputed charges must be reported within 30 days
  • • Price changes will be communicated in advance

Service Level & Support

Service Availability

  • • Target 99.9% uptime for core services
  • • Scheduled maintenance with advance notice
  • • Emergency maintenance as required
  • • Service credits for extended outages
  • • Real-time status monitoring available

Support Services

  • • 24/7 technical support for critical issues
  • • Business hours support for general inquiries
  • • Online knowledge base and documentation
  • • Training and onboarding assistance
  • • Escalation procedures for complex issues

Intellectual Property

Marcoby Rights

  • • All services, software, and content remain our property
  • • Trademarks, logos, and branding are protected
  • • You may not reverse engineer our services
  • • Limited license to use services as intended
  • • No transfer of ownership rights

Your Content

  • • You retain ownership of your content
  • • Grant us license to process and store your data
  • • Ensure you have rights to content you upload
  • • We may remove content that violates terms
  • • Backup and export your content as needed

Privacy & Data Protection

Your privacy is important to us. Our data practices are governed by our Privacy Policy, which is incorporated into these Terms by reference.

  • • We collect and process data as described in our Privacy Policy
  • • You consent to our data practices by using our services
  • • We implement appropriate security measures to protect your data
  • • You have rights regarding your personal data as outlined in our Privacy Policy
  • • We may update our Privacy Policy from time to time

Limitation of Liability

Our Liability

  • • Limited to the amount paid for services in the 12 months preceding the claim
  • • No liability for indirect, incidental, or consequential damages
  • • No liability for data loss or corruption
  • • No liability for third-party actions or content
  • • Exclusions for force majeure events

Your Indemnification

  • • You agree to indemnify us against third-party claims
  • • Claims arising from your use of services
  • • Claims related to your content or data
  • • Claims for violation of these terms
  • • Claims for violation of applicable laws

Termination

Termination by You

  • • Cancel your account at any time
  • • Provide written notice for business accounts
  • • Export your data before cancellation
  • • Pay any outstanding fees
  • • Return any leased equipment

Termination by Us

  • • For violation of these terms
  • • For non-payment of fees
  • • For illegal or harmful activities
  • • With 30 days notice for convenience
  • • Immediate termination for serious violations

Governing Law & Disputes

Governing Law

  • • These terms are governed by the laws of California, USA
  • • Any disputes will be resolved in California courts
  • • International users agree to California jurisdiction
  • • Local laws may provide additional protections
  • • Severability of terms if any provision is invalid

Dispute Resolution

  • • Attempt to resolve disputes informally first
  • • Mediation may be required before litigation
  • • Arbitration for certain types of disputes
  • • Class action waivers may apply
  • • Statute of limitations apply to claims

Changes to Terms

We may update these Terms from time to time to reflect changes in our services, legal requirements, or business practices.

  • • We will notify you of material changes via email or in-service notice
  • • Continued use of services after changes constitutes acceptance
  • • You may terminate services if you disagree with changes
  • • Previous versions of terms will be archived
  • • Changes are effective immediately unless otherwise stated

Contact Us

If you have any questions about these Terms of Service, please contact us:

Legal Team

Email: [email protected]

For legal inquiries and terms-related questions

Compliance

Email: [email protected]

For compliance-related inquiries and regulatory questions

General Support

Email: [email protected]

For general questions about our services