This End-User License Agreement ("EULA" or "Agreement") is a legal agreement between you ("End User," "you," or "your") and MarqOps Inc. ("MarqOps," "Licensor," "we," "us," or "our") for the use of the MarqOps software platform, including the web application, APIs, and any associated documentation and updates (collectively, the "Software").

By accessing, installing, or using the Software, you acknowledge that you have read, understood, and agree to be bound by this EULA. If you do not agree, you must not use the Software.

1. Grant of License

1.1 License

Subject to the terms of this Agreement, MarqOps grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Software through a supported web browser for your internal business and personal marketing purposes, in accordance with your subscription plan.

1.2 Scope

This license permits you to:

Access the Software via marqops.com and associated subdomains
Use AI-powered features to generate marketing content, analyze data, and manage advertising within the limits of your subscription plan
Connect authorized third-party accounts (Google Analytics, Search Console, Google Ads, WordPress) to the Software
Download and use AI-generated content for your own commercial purposes

1.3 Subscription Tiers

The features, credit limits, and capabilities available to you depend on your subscription tier (Starter, Professional, or Business). Details of each plan are available at marqops.com/pricing. Your license is limited to the features and usage quotas of your active subscription.

2. Restrictions

You shall not, directly or indirectly:

Copy or duplicate: Reproduce, distribute, or create derivative works of the Software or any portion thereof
Reverse engineer: Decompile, disassemble, reverse engineer, or attempt to derive the source code, algorithms, or underlying AI models of the Software
Modify: Alter, adapt, translate, or create derivative works based on the Software
Circumvent: Bypass, disable, or interfere with any security, licensing, authentication, or usage-limiting features of the Software
Redistribute: Sell, resell, rent, lease, sublicense, lend, or otherwise transfer or distribute the Software or access thereto to any third party
Automated access: Use bots, scripts, crawlers, or any automated means to access the Software beyond the intended API interfaces
Benchmark or compete: Use the Software to build a competing product or service, or publish benchmarks or performance comparisons without our prior written consent
Remove notices: Remove, alter, or obscure any copyright, trademark, or proprietary notices contained in the Software
Misrepresent AI output: Represent AI-generated content as human-created in contexts where such distinction is legally required

3. Intellectual Property

3.1 Software Ownership

The Software, including all code, algorithms, interfaces, visual design, documentation, and trademarks, is and shall remain the exclusive property of MarqOps and its licensors. This EULA does not grant you any ownership interest in the Software. All rights not expressly granted herein are reserved by MarqOps.

3.2 Your Content

You retain all ownership rights to content you upload to the Software, including brand assets, guidelines, images, and text. You grant MarqOps a limited license to process this content solely to provide the Service.

3.3 AI-Generated Output

Subject to these terms and your active subscription, you own the rights to output generated by the Software from your inputs. However:

MarqOps makes no warranty that AI-generated output is original, non-infringing, or suitable for any particular purpose
You are solely responsible for reviewing all AI-generated content for accuracy, legal compliance, and appropriateness before use
Similar or identical output may be generated for other users who provide similar inputs — AI output is not guaranteed to be unique
You shall not claim copyright over AI-generated content to the extent such claims are not recognized by applicable law

3.4 Feedback

If you provide suggestions, feature requests, or other feedback regarding the Software, you grant MarqOps an unrestricted, perpetual, irrevocable, royalty-free license to use, modify, and incorporate such feedback into the Software without obligation to you.

4. Third-Party Components

4.1 AI Models

The Software utilizes third-party AI models provided by Google (Gemini), Anthropic (Claude), and other providers. Your use of these models through the Software is subject to their respective terms and acceptable use policies. MarqOps is not responsible for the output quality, accuracy, or availability of third-party AI models.

4.2 Integrations

Third-party integrations (Google APIs, Stripe, WordPress, DataforSEO) are provided under separate agreements between you and those providers. MarqOps acts as an intermediary and is not liable for changes to, interruptions of, or data handling by third-party services.

4.3 Open Source

The Software may incorporate open-source components subject to their respective licenses. A list of open-source components and their licenses is available upon request.

5. Data Handling

5.1 Data Processing

Your use of the Software involves the processing of data as described in our Privacy Policy. By using the Software, you consent to such processing. You are responsible for ensuring you have the necessary rights and consents to provide any data you upload to the Software.

5.2 Analytics Data

When you connect third-party analytics accounts, the Software caches and processes your analytics data to provide dashboards, AI insights, and the analytics chatbot. This data is stored with encryption and row-level security, accessible only to your account.

5.3 No AI Training

MarqOps does not use your content, brand data, or analytics information to train, fine-tune, or improve AI models. Your data is processed solely to deliver the Software's features to you.

6. Availability and Updates

6.1 Availability

The Software is provided as a cloud-based service. While we strive for high availability, we do not guarantee uninterrupted access. Scheduled maintenance will be communicated in advance where practicable.

6.2 Updates

MarqOps may release updates, patches, and new features at its discretion. Updates are automatically applied to the cloud-based Software. Some updates may modify or remove features. Continued use of the Software after an update constitutes acceptance of the modified Software.

6.3 Deprecation

If MarqOps discontinues the Software or any material feature, we will provide at least 30 days' notice and a reasonable opportunity to export your data.

7. Disclaimer of Warranties

THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. MARQOPS EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
WARRANTIES THAT THE SOFTWARE WILL BE ERROR-FREE, UNINTERRUPTED, SECURE, OR FREE OF VIRUSES OR HARMFUL COMPONENTS
WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF AI-GENERATED CONTENT
WARRANTIES THAT THE SOFTWARE WILL MEET YOUR SPECIFIC REQUIREMENTS OR ACHIEVE ANY PARTICULAR MARKETING RESULTS

You acknowledge that AI-generated content may contain inaccuracies, biases, or errors and that you are solely responsible for verifying all output before use.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

MARQOPS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SOFTWARE, INCLUDING LOSS OF PROFITS, DATA, BUSINESS OPPORTUNITIES, OR GOODWILL
MARQOPS SHALL NOT BE LIABLE FOR DAMAGES ARISING FROM AI-GENERATED CONTENT, INCLUDING CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT, DEFAMATION, OR REGULATORY NON-COMPLIANCE
MARQOPS'S TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED THE FEES YOU PAID FOR THE SOFTWARE IN THE 12 MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED US DOLLARS ($100), WHICHEVER IS GREATER

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. In such jurisdictions, the above limitations apply to the fullest extent permitted by law.

9. Indemnification

You agree to indemnify and hold harmless MarqOps, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from:

Your use of the Software in violation of this EULA
Content you create, generate, or publish using the Software
Your violation of any applicable law, regulation, or third-party right
Unauthorized access to the Software through your account

10. Term and Termination

10.1 Term

This EULA is effective from the date you first access the Software and continues until terminated.

10.2 Termination by You

You may terminate this EULA at any time by deleting your account and ceasing all use of the Software.

10.3 Termination by MarqOps

MarqOps may terminate or suspend your license immediately, without prior notice, if you breach any provision of this EULA, engage in prohibited conduct, or if required by law or third-party policy changes.

10.4 Effects of Termination

Upon termination:

Your license to use the Software immediately ceases
You must stop all use of the Software
Your data will be deleted in accordance with our Privacy Policy
Sections 2, 3, 7, 8, 9, and 12 survive termination

11. Export Compliance

You agree to comply with all applicable export and re-export control laws and regulations, including US Export Administration Regulations. You shall not use the Software in any country or territory subject to comprehensive US sanctions, or provide access to individuals or entities on any US government restricted parties list.

12. General Provisions

12.1 Governing Law

This EULA is governed by the laws of the State of Delaware, United States, without regard to conflict of law provisions.

12.2 Dispute Resolution

Disputes arising under this EULA shall be resolved through binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, conducted in Delaware. You waive any right to participate in a class action.

12.3 Entire Agreement

This EULA, together with the Terms of Service and Privacy Policy, constitutes the entire agreement between you and MarqOps regarding the Software and supersedes all prior agreements and understandings.

12.4 Severability

If any provision of this EULA is held to be unenforceable, the remaining provisions shall continue in full force and effect.

12.5 No Waiver

Failure by MarqOps to enforce any provision of this EULA shall not constitute a waiver of that provision or the right to enforce it at a later time.

12.6 Assignment

You may not assign this EULA without MarqOps's prior written consent. MarqOps may assign this EULA in connection with a merger, acquisition, reorganization, or sale of all or substantially all of its assets.

12.7 Amendments

MarqOps may amend this EULA by posting the revised version on this page. Material changes will be communicated with at least 30 days' notice. Your continued use of the Software after the effective date of any amendment constitutes acceptance of the revised EULA.

13. Contact Information

For questions regarding this EULA, contact:

MarqOps Inc.
Email: legal@marqops.com
Website: marqops.com