Software License Agreement

Subject to the terms and conditions of this Agreement, TryMarq, LLC, a Delaware corporation ("Licensor"), grants you ("Licensee") a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Marq AI platform ("Software") solely for your internal business purposes during the term of your subscription.

This license permits you to: (a) access the Software via web browser at trymarq.com; (b) use all features available under your subscription tier; (c) generate, download, and use AI-generated content for commercial purposes; (d) store and manage brand profiles and generation history within the platform.

This license does not permit you to: (a) copy, modify, distribute, or create derivative works of the Software; (b) reverse engineer, decompile, disassemble, or attempt to derive source code; (c) sublicense, lease, sell, or otherwise transfer access; (d) remove or alter proprietary notices; (e) use the Software to build a competing product or service; (f) exceed usage limits or circumvent technical restrictions.

The Software, including all code, algorithms, AI models, user interfaces, documentation, and related materials, is and remains the exclusive property of TryMarq, LLC. This Agreement does not convey any ownership rights. All rights not expressly granted herein are reserved by TryMarq, LLC.

Content generated by the Software using your inputs ("Output") belongs to you, subject to any limitations imposed by the underlying AI model providers. You are responsible for ensuring Output complies with applicable laws and third-party rights.

Access to the Software requires an active account and may require purchase of credits or a subscription plan. Fees are as stated on the pricing page and are subject to change with 30 days' notice. All payments are non-refundable except as required by applicable law or as stated in our Refund Policy.

We aim for 99.9% uptime but do not guarantee uninterrupted access. We may perform scheduled maintenance, deploy updates, or temporarily suspend access for security purposes. We will endeavor to provide advance notice of planned downtime.

Your use of the Software is also governed by our Privacy Policy. You retain ownership of data you input into the Software. We process your data solely to provide and improve the Service.

THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. TryMarq, LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. AI-GENERATED CONTENT MAY CONTAIN ERRORS AND IS NOT GUARANTEED TO BE ACCURATE OR SUITABLE FOR ANY PARTICULAR PURPOSE.

IN NO EVENT SHALL TryMarq, LLC BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SOFTWARE. TryMarq, LLC'S TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNTS PAID BY LICENSEE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

This Agreement commences on account creation and continues until terminated. Either party may terminate at any time. TryMarq, LLC may terminate immediately for breach. Upon termination: (a) your license rights cease; (b) you must cease using the Software; (c) we may delete your data after a 30-day grace period; (d) provisions that by their nature should survive shall continue in effect.

You agree to comply with all applicable export control laws and regulations, including those of the United States. You may not access or use the Software from any US-embargoed country or if you are on any US government restricted parties list.

This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to conflict of law provisions. Exclusive jurisdiction and venue shall be in the courts of New Castle County, Delaware.

TryMarq, LLC
131 Continental Dr, Suite 305, Newark, DE 19713, New Castle County, Delaware
Email: [email protected]