Terms of Use

Key Definitions

The following capitalised terms have the meanings set out below throughout these Terms unless otherwise expressly stated.

Introduction & Acceptance of Terms

1.1 About MarketXY

MarketXY (also referred to as "MXY," "Market XY," or "MarketXY.com") is a product of AllHeart Web Inc., a technology company providing intelligent data services including categorised domain databases, contact data enrichment, API integrations, and analytics.

1.2 Binding Agreement

This Terms of Use agreement forms a legally binding contract between you (the "Customer") and AllHeart Web Inc. If you are entering this Agreement on behalf of an organisation, you represent and warrant that you have the authority to bind that entity. If you do not have such authority, you must not access or use the Services.

1.3 Additional Policies

These Terms incorporate by reference any other policies referenced herein, including our Privacy Policy, Fair Use Policy, API License Agreement, and any applicable Service Level Agreements or Data License Contracts. Together, these form the full Agreement between you and MarketXY.

1.4 Amendments and Updates

MarketXY may update or revise these Terms from time to time. If we make material changes, we will notify you through the website, by email, or via an in-app message. Your continued use of the Services after any update constitutes your acceptance of the revised Terms.

Acceptance of Terms

By accessing, browsing, registering for, or using any part of the MarketXY Services — including the website, API, data feeds, dashboards, or any functionality provided through MarketXY.com — you confirm that you have read, understood, and agree to be legally bound by these Terms of Use, our Privacy Policy, and any additional terms posted on our website.

2.1 Minimum Age and Legal Capacity

• You must be at least 18 years of age, or the legal age of majority in your jurisdiction.
• If entering into this Agreement on behalf of a company or entity, you represent that you have full legal authority to bind that entity.

2.2 Business vs. Personal Use

MarketXY is intended for business, academic, government, research, or commercial use only. Individual users accessing the service for personal research or testing still agree to be bound by these Terms.

2.3 No Use Without Agreement

If you do not agree to any part of these Terms, or do not meet the eligibility requirements above, you may not use, access, or register for MarketXY's Services.

License & Permitted Use

Subject to your subscription plan and full compliance with these Terms, MarketXY grants you a limited, non-exclusive, non-transferable, and revocable licence to access and use the Services solely for your internal business or research purposes. This licence does not grant ownership of any part of the Services or data.

3.1 Permitted Uses

• ✓Search, view, and analyse domain names, categories, company data, and metadata via the MarketXY interface and/or API
• ✓Export data according to the limits, file formats, and availability specified in your active subscription plan
• ✓Use exported data internally for sales intelligence, cybersecurity assessments, market research, competitive analysis, or academic studies
• ✓Access CRM integrations (Salesforce, HubSpot, Zoho, Dynamics 365, and others) to enrich internal contact or lead records, as available under your plan
• ✓Access and use the MarketXY API, subject to your plan's rate limits, API key restrictions, and fair use policies

3.2 Restrictions on Use

• ✕Share your account, credentials, or API key with anyone outside your organisation or in excess of allowed users for your plan
• ✕Use the Services to operate or support any competing product or service
• ✕Redistribute, sublicense, resell, or publish any data obtained through MarketXY without written permission or a separate licence agreement
• ✕Use automated tools, bots, or scripts to circumvent rate limits, extract bulk data beyond plan limits, or mimic human activity
• ✕Store, host, or replicate MarketXY data in any system for public or third-party use

Prohibited Use

The following uses of the Services are strictly prohibited, whether directly, indirectly, manually, or through automated means.

4.1 Unauthorised Automation or Data Extraction

• ✕Using bots, crawlers, spiders, scripts, macros, or automation tools to access, scrape, query, copy, or download any portion of the Services
• ✕Circumventing, disabling, or interfering with rate limits, session timeouts, CAPTCHAs, access controls, or anti-scraping mechanisms
• ✕Accessing large portions of the database systematically or at high frequency in a manner simulating data harvesting
• ✕Bulk exporting or querying multiple categories to aggregate datasets beyond permitted subscription limits

4.2 Data Redistribution or Resale

• ✕Reselling, sublicensing, distributing, publishing, mirroring, or transferring any part of the MarketXY data or derivative works to any third party
• ✕Using the data to build or enhance a competitive product, API, service, index, or dataset

4.3 Unauthorised Access or Credential Sharing

• ✕Sharing login credentials, API keys, or account access with any individual or entity outside your organisation
• ✕Creating multiple free accounts, impersonating another user, or using VPNs/anonymising services to bypass access policies or regional restrictions
• ✕Using another party's account or credentials without explicit written authorisation

4.4 Abuse of API or Platform Features

• ✕Overloading or misusing the API or Services in any way that degrades performance or availability for other users
• ✕Reverse-engineering, decompiling, disassembling, or attempting to extract source code, data structures, or backend logic from any MarketXY service
• ✕Using any software, hardware, or technique to bypass licensing, authentication, or reporting functionality

4.5 Violations and Enforcement

Any violation of this section may result in immediate suspension or termination without notice or refund. MarketXY also reserves the right to pursue legal action, report abuse to relevant authorities, and disable future access under your name, organisation, IP, or associated credentials.

Export & API Limits

5.1 Export Limits

You may export data in CSV, Excel, or other supported formats subject to the following:

• Export volume must remain within the limits of your active subscription plan
• Exported files are for internal use only and must not be shared, published, or redistributed
• Attempts to bypass export limits (e.g., category splitting, team account sharing, automated extraction) are prohibited and constitute a violation of this Agreement

5.2 API Access and Rate Limits

API usage must comply with the daily rate limits, concurrency limits, and quota allocations of your plan. Excessive or abnormal usage patterns may trigger automated throttling, error responses, or account suspension. API keys must not be shared with other teams or external platforms unless explicitly authorised.

5.3 Usage Monitoring

MarketXY continuously monitors API calls, export volumes, and account behaviour to ensure fair access. Violations may result in temporary throttling, rate limiting, feature restrictions, or account review.

5.4 Extended Access or Bulk Licensing

If your organisation requires higher-than-normal usage — such as full database access, bulk category dumps, or continuous API streaming — contact us for a Custom Plan under a separate Enterprise Data Licence Agreement. This may include unlimited category exports, full historical access, multiple API keys, high-throughput pipelines, and custom SLAs.

Ownership

6.1 Intellectual Property Rights

All content, tools, software, databases, algorithms, datasets, derived scores, categorisations, metadata, analysis results, visualisations, dashboards, and API responses made available through the Services are the exclusive property of AllHeart Web Inc. and/or its authorised third-party data providers, protected under applicable copyright, trade secret, trademark, and intellectual property laws.

6.2 No Transfer of Rights

Your use of the Services does not grant you any ownership, title, or intellectual property interest in any dataset, category structure, domain-level record, contact record, rank scoring, methods used to organise or enrich data, or any portion of MarketXY's proprietary database or backend infrastructure. You are granted only the limited licence described in Section 3.

6.3 Restrictions on Derived Works

• ✕Claim ownership or authorship over any output generated or provided by MarketXY
• ✕Use any data or analysis from MarketXY to create a competitive service or database, even if transformed or restructured
• ✕Copy or replicate the category model, structure, or methodology in any derivative application or dataset
• ✕Publish, redistribute, or resell any part of MarketXY's data under your own name or brand, without explicit written agreement

6.4 Enforcement and Audit

MarketXY reserves the right to audit your use of the Services to ensure compliance. Unauthorised usage may result in suspension or termination, legal action for damages, injunctive relief, and notification to affected third-party data partners.

Term & Termination

7.1 Term of Agreement

This Agreement remains in effect from the moment you first access any part of the MarketXY Services and continues as long as you maintain an active subscription and remain in full compliance. Unless otherwise agreed in writing, all subscriptions auto-renew according to the billing cycle selected at purchase.

7.2 Termination by You

You may terminate your subscription at any time by following the account cancellation instructions in your dashboard or by contacting [email protected] in writing. Your access continues until the end of your current billing period. No refunds or partial credits will be issued for unused time or early termination, unless explicitly required by law.

7.3 Termination or Suspension by MarketXY

We reserve the right to suspend, restrict, or terminate your account at any time, with or without notice, if:

• You breach any term of this Agreement, including usage restrictions or fair use policies
• We detect abnormal, excessive, or prohibited usage (including scraping, automation, reselling, or data abuse)
• Your payment is overdue, your account is inactive, or you fail to maintain accurate billing information
• We reasonably determine your use poses a threat to the integrity, security, or availability of our platform or data

7.4 Post-Termination Obligations

Upon termination you must immediately cease all access and use, and may not retain, use, or distribute any data obtained from MarketXY unless permitted by written licence. Sections covering Ownership, Prohibited Use, Confidentiality, and Indemnity survive termination.

Fair Usage Policy

Where plans advertise features as "unlimited" — such as Unlimited Categories or Unlimited API Calls — access is governed by this Fair Usage Policy to ensure consistent quality and prevent abuse.

8.2 Acceptable Use

• ✓Accessing and exploring a reasonable number of categories daily
• ✓Using data internally for business development, market research, competitive analysis, or cyber intelligence
• ✓Making API calls, exports, and downloads in line with normal team-based usage typical of your industry

8.3 Abusive Use

• ✕Systematic downloading of all or large subsets of the database (e.g., looping through all categories)
• ✕Excessively high-frequency API calls, parallel scripting, or attempts to bypass category limits
• ✕Using multiple accounts to increase total access beyond what is licensed
• ✕Using bots or automation tools to simulate human activity for extraction purposes
• ✕Behaviour resembling competitive intelligence gathering, scraping, or database cloning

8.4 Monitoring & Enforcement

MarketXY continuously monitors API usage, export activity, and account behaviour. We may notify you for clarification or suggest a better-suited plan, temporarily throttle or restrict access, or terminate your account without refund in cases of severe or repeat violations.

8.5 Request for Extended Access

If your organisation has legitimate needs exceeding standard thresholds — including research, audits, AI training, or compliance workflows — contact us for a Custom Plan under a separate licensing agreement.

Disclaimers

9.1 Data Accuracy and Timeliness

All content, data, and materials provided through the Services — including domain records, ownership signals, contact information, social media links, rankings, categorisations, metadata, and exports — are provided on an "as is" and "as available" basis, without warranties of any kind.

While we make commercially reasonable efforts to ensure data quality and regular updates, MarketXY does not guarantee the completeness, correctness, availability, or timeliness of any information. Data may contain inaccuracies, outdated information, categorisation mismatches, incomplete records, or errors in attribution. You acknowledge that all data is subject to change without notice and should not be solely relied upon for mission-critical or legally binding decisions without independent verification.

9.2 No Warranty

MarketXY, AllHeart Web Inc., its affiliates, employees, and data providers expressly disclaim all warranties, whether express, implied, statutory, or otherwise — including warranties of merchantability, fitness for a particular purpose, accuracy, and non-infringement. We do not warrant that the Services will be uninterrupted, secure, or error-free, or that any output will meet your expectations.

9.3 Limitation of Liability

To the maximum extent permitted by applicable law, MarketXY shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, or business opportunities, arising from your use of or inability to use the Services, any reliance on the accuracy of data, or any decisions or actions based on information provided by MarketXY.

Changes to Terms

MarketXY reserves the right to update, revise, or modify these Terms at any time at its sole discretion. When changes are made, we will post the updated Terms at marketxy.com/terms and indicate the date of the last revision.

10.1 Continued Use Equals Acceptance

Your continued use of the MarketXY Services following the posting or notification of updated Terms constitutes your binding acceptance of those changes. If you do not agree to the revised Terms, you must discontinue all use of the Services and cancel your account.

Governing Law

These Terms of Use, and any dispute or claim arising out of or in connection with them, the Services, or the use of the MarketXY platform, shall be governed by and construed in accordance with the laws of the applicable jurisdiction, without regard to conflict of law principles.

By using the Services, you agree that any legal action or proceeding arising under or relating to these Terms shall be brought exclusively in the courts located in the designated jurisdiction, and you irrevocably consent to the personal jurisdiction and venue of such courts, waiving any objections to jurisdiction, venue, or inconvenient forum.

EULA Requirements

If any Data, Parsed Data, or Results provided by MarketXY are accessed or used by individuals other than the primary Customer — such as internal team members, contractors, or clients — the Customer must implement an End User Licence Agreement ("EULA") to govern such access.

12.1 Obligation to Implement EULA

The Customer must ensure that a valid and binding EULA is in place for every End User who receives access to MarketXY Data, Parsed Data, or Results under a licence or subscription granted to the Customer. This includes all employees, users, or third parties to whom access is provided, directly or through integration, dashboard, or embedded systems.

12.2 Protective Terms

The EULA must be no less protective of MarketXY's rights, intellectual property, data security, and licence conditions than the terms stated in this Agreement.

12.3 Minimum Required Provisions

• Limitation of Liability: Limit MarketXY's liability to the maximum extent permitted, including disclaimers of indirect, incidental, or consequential damages
• Use Restrictions: Restrict End Users to internal, non-commercial use; expressly prohibit redistribution, resale, or public posting
• Intellectual Property Safeguards: Prohibit reverse engineering, disassembly, decompilation, copying, extraction, or reformatting of MarketXY Data; affirm that all content remains the exclusive intellectual property of MarketXY

12.4 Enforcement

The Customer is responsible for enforcing the EULA and preventing unauthorised use or distribution by End Users. MarketXY reserves the right to request copies of the Customer's EULA and to audit EULA compliance as a condition of continued access.

Fees, Payments & Taxes

13.1 Fee Structure

All fees for access to MarketXY Services are defined on the public pricing page at marketxy.com/pricing, or in a separately executed Licence and Use Agreement or Purchase Order for enterprise or custom plans. All pricing is quoted in U.S. Dollars (USD) unless otherwise specified.

13.2 Non-Cancelable & Non-Refundable

All subscriptions and purchases are non-cancelable and non-refundable. No credit or refund shall be provided for downgrades during an active billing cycle, non-use of the service, or partial periods of service.

13.3 Purchase Orders & Invoicing

MarketXY may, at its sole discretion, accept purchase orders from enterprise clients. Any such order must be approved in writing by MarketXY, accompanied by a signed agreement or invoice acknowledgment, and paid according to the stated payment terms.

13.4 Payment Terms

Unless otherwise agreed in writing, full payment for all invoices is due within five (5) calendar days from the invoice date. Late payments may incur interest at 1.5% per month (18% annualised), or the maximum rate permitted by applicable law. MarketXY reserves the right to suspend access, delay data delivery, or terminate open orders if payment is delayed.

13.5 Application of Payments

MarketXY may apply received payments toward any outstanding balances across multiple accounts or orders. In the event of default, MarketXY may accelerate all unpaid amounts to become immediately due, suspend platform access, and cancel scheduled renewals.

13.6 Price Adjustments

MarketXY reserves the right to revise pricing at any time. Changes will not affect the current billing cycle but will apply to future renewals or upgrades unless otherwise stated in writing.

13.7 Taxes

All published fees exclude applicable sales tax, VAT, GST, and other legally required duties. The Customer is solely responsible for all applicable taxes. MarketXY may invoice separately for any taxes required by law based on your jurisdiction, and you agree to pay those amounts unless you provide a valid exemption certificate.

13.8 Credits and Expiry

Any promotional or service credits issued by MarketXY must be used within twelve (12) months of issuance. Credits are non-transferable, non-refundable, and cannot be exchanged for cash.

13.9 Entity Size and Licence Reassessment

MarketXY's fee structure may vary based on organisational size. If your total number of employees increases by more than 20%, or a merger/acquisition brings you under common control with another entity, MarketXY reserves the right to reassess licence terms, renegotiate pricing, or require a new licence agreement.

Invoice Disputes

14.1 Dispute Notification Period

The Customer has thirty (30) calendar days from the date of any invoice to dispute its accuracy or validity. To initiate a dispute, the Customer must notify MarketXY in writing at [email protected], including a detailed explanation and supporting documentation. Partial disputes do not relieve the Customer of the obligation to pay any undisputed portion on time.

14.2 Waiver of Dispute Rights

If the Customer fails to submit a written dispute within the thirty (30) day period, the invoice shall be deemed accepted as accurate and final, and not subject to any further challenge, refund, or reduction. Full payment shall remain due in accordance with the original terms.

Trademarks

15.1 General Statements

Both parties may make general statements acknowledging the existence of this Agreement or their business relationship, provided such statements do not disclose confidential terms, sensitive data, or proprietary methods without prior written authorisation.

15.2 Limited Trademark Rights — Customer

MarketXY grants the Customer a limited, non-exclusive, non-transferable, revocable licence to use MarketXY's name, logos, and trademarks solely in connection with marketing or promotional materials relating directly to the services provided under this Agreement. Such use must be brand-compliant, not imply endorsement beyond the scope of the Agreement, not alter MarketXY's marks, and is subject to immediate removal upon written request.

15.3 Limited Trademark Rights — MarketXY

The Customer grants MarketXY a limited, non-exclusive, royalty-free licence to use the Customer's name, logo, or publicly available branding for inclusion on MarketXY's website or customer portfolio, pitch decks, promotional presentations, investor briefings, case studies, and other general marketing materials identifying the Customer as a user or subscriber of MarketXY's services. Such usage will be limited to factual representations of the business relationship.

15.4 Revocation

Either party may revoke the other party's right to use its trademarks upon written notice. Upon receiving notice, the other party shall remove or cease use within ten (10) business days.

Indemnification

16.1 Scope of Indemnification

The Customer agrees to defend, indemnify, and hold harmless MarketXY (AllHeart Web Inc.), its affiliates, officers, directors, employees, agents, representatives, information providers, and licensors from and against any and all claims, costs, losses, damages, judgments, and expenses (including reasonable attorneys' fees) arising out of or relating to the matters described in Section 16.2.

16.2 Grounds for Indemnification

• The Customer's use or misuse of the MarketXY Data, Parsed Data, Results, or Services
• Any actual or alleged violation of this Agreement by the Customer
• Any use of the Data, Parsed Data, or Services by a third party who gained access through the Customer's credentials, systems, integrations, or software, whether or not authorised

16.3 Binding Effect

This indemnification obligation survives the termination or expiration of this Agreement and is binding upon the Customer, its affiliates, successors, and assigns.

Warranties & Disclaimers

17.1 No Warranties

The Customer acknowledges that all MarketXY Services, including data, parsed results, visualisations, categories, APIs, and exports, are provided strictly on an "as is" and "as available" basis, without any warranty of any kind. MarketXY disclaims all warranties, whether express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, data accuracy, completeness, or reliability. MarketXY does not warrant that the Services will be uninterrupted, timely, secure, or error-free.

17.2 Assumption of Risk

The Customer uses MarketXY Services at their own risk and assumes full responsibility for any damage to computer systems, loss of data, or business interruption resulting from the use or reliance on the Services. Some jurisdictions do not allow the exclusion of certain warranties; in such cases, this section applies to the maximum extent permitted by local law.

License Grants

18.1 Scope of Licence

The Customer is granted a limited, revocable, non-exclusive, non-transferable licence to access and use MarketXY's data, tools, content, and services — including Data, Parsed Data, Results, APIs, visualisations, exports, and other proprietary elements (collectively, the "MarketXY Properties") — solely for internal use and in accordance with these Terms. This licence does not grant any right of ownership or control. All rights not expressly granted are reserved by MarketXY.

18.2 Deployment Scope

Unless otherwise agreed in writing, all licences granted by MarketXY are limited to deployment at a single Customer Site — one physical or virtual machine, system, or platform instance. Any use across multiple systems, cloud platforms, or business units requires a separate licence. The Customer must ensure that no duplication, redistribution, or multi-site deployment occurs without explicit permission.

Use Restrictions

19.1 Prohibited Uses and Abuse

• ✕Unauthorised data mining or scraping
• ✕Launching denial-of-service (DoS) or similar network attacks
• ✕Attempting unauthorised access to MarketXY servers, accounts, APIs, or data systems
• ✕Hacking, password mining, reverse engineering, or circumventing security mechanisms
• ✕Using the Services in a manner that degrades, disrupts, or interferes with MarketXY's infrastructure or other customers' access

19.2 Automated Use Limitations

Unless prior written approval has been granted by MarketXY, Customers may not exceed the following system limits:

These limits apply collectively across all applications, IPs, or systems operated by the Customer. MarketXY reserves the right to throttle, rate-limit, or deny access for accounts exceeding these limits without notice.

19.3.1 Contact Data Usage

The Customer is solely responsible for complying with all applicable data protection, privacy, marketing, and communications laws when using contact data (names, emails, phone numbers, or company roles) accessed through MarketXY. Contact data may not be used for spamming, unsolicited outreach, or unlawful profiling.

19.3.2 Internal Use and Non-Transferability

Unless explicitly authorised by a separate Licence and Use Agreement, all data accessed through MarketXY is for the Customer's internal use only. The Customer may not publish, display, or transfer MarketXY data to third parties, make available any data subsets or derivatives, or include MarketXY data in public datasets, APIs, dashboards, or third-party software.

19.3.3 No Resale or Sublicensing

The Customer may not alter, reproduce, copy, resell, sublicense, rent, lease, or assign any part of MarketXY's data, software, or platform. The Customer is fully responsible for all activity occurring under its credentials and agrees to maintain their confidentiality at all times.

Breach of Agreement

20.1 Automatic Termination

This Agreement shall automatically terminate without notice if the Customer fails to comply with any of its terms, including misuse of data, violation of licence restrictions, or failure to make timely payments. MarketXY also reserves the right to terminate or suspend access at its sole discretion upon any actual or suspected breach.

20.2 Consequences of Termination

• All rights, licences, and privileges granted to the Customer shall immediately cease
• The Customer's access to the Services, APIs, dashboards, and downloadable content will be revoked
• Any unpaid fees or outstanding balances will become immediately due and payable

20.3 Obligations Upon Termination

The Customer must, without delay, cease all use of the Services and Data, and delete or permanently destroy any and all copies of MarketXY data, exports, parsed outputs, credentials, or derived content in its possession, including backups and archives. Failure to comply may result in legal action or claims for damages by MarketXY.

Confidentiality

21.1 Scope

If the Customer receives any non-public information from MarketXY that is marked "Confidential" or "Proprietary," or that would reasonably be considered confidential, the Customer agrees to use such information solely for the purpose of performing its obligations under this Agreement.

21.2 Treatment

The Customer shall treat all confidential information with at least the same level of care as its own confidential information. The Customer shall not disclose such information to any third party without prior written consent, except to authorised employees or contractors bound by equivalent confidentiality obligations.

21.3 Exceptions

Confidentiality obligations do not apply to information that: is or becomes publicly available without breach of this Agreement; was lawfully known to the Customer prior to disclosure; is disclosed by a third party legally entitled to do so; is independently developed without reference to MarketXY's confidential information; or is required to be disclosed by applicable law or court order.

21.4 Duration

Confidentiality obligations remain in effect for three (3) years from the date the information is disclosed, except that obligations related to trade secrets survive indefinitely, or for as long as the information remains a trade secret.

Severability

If any provision of this Agreement is determined to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the remaining provisions. If any part is found to be overly broad or unenforceable, it shall be modified to the maximum extent permitted by applicable law in a manner that most closely reflects the original intent of the parties.

Headings

All section titles and headings are provided solely for convenience and readability and have no legal effect. They shall not be used to interpret, define, limit, or otherwise affect the meaning of any provision of this Agreement.

No Assignment

24.1 Customer Restrictions

The Customer shall not assign, transfer, delegate, or otherwise dispose of this Agreement — in whole or in part — without the prior written consent of MarketXY. Any attempted assignment in violation of this clause shall be null and void.

24.2 MarketXY's Right to Assign

MarketXY may assign, delegate, or transfer this Agreement — in whole or in part — to any affiliate, acquirer, successor entity, or in connection with a merger, acquisition, sale of assets, or corporate reorganisation, without prior notice or consent from the Customer.

Compliance with Laws

Both parties agree to comply with all applicable local, national, and international laws, rules, and regulations, including data privacy laws, consumer protection laws, trade regulations, and intellectual property laws. Both parties shall comply with all applicable anti-bribery and anti-corruption laws, including the FCPA and UK Bribery Act, and all applicable import/export regulations. A breach of this section shall be considered a material breach of this Agreement.

Independent Contractors

The parties are independent contractors. Nothing in this Agreement shall be interpreted to create an employment relationship, joint venture, partnership, franchise, fiduciary relationship, or agency. Neither party shall have authority to bind the other party or create obligations on its behalf without explicit written authorisation. Each party is solely responsible for its own operations, employees, compliance, and legal obligations.

Force Majeure

MarketXY shall not be held liable for any delay or failure to perform its obligations due to any event beyond its reasonable control, including acts of God, natural disasters, epidemics or pandemics, acts or omissions of the Customer, labour strikes, criminal acts, terrorism, civil unrest, war, power outages, internet failures, DDoS or malware attacks, government orders, or supply chain disruptions. Obligations affected by Force Majeure shall be suspended for the duration of the event, and MarketXY shall make reasonable efforts to resume performance as soon as possible.

Additional Service Terms

Certain features, components, or services offered by MarketXY — including APIs, enterprise integrations, beta features, custom data sets, CRM connectors, or future enhancements — may be subject to separate or supplemental terms ("Additional Terms"). When applicable, Additional Terms will be incorporated into and become part of this Agreement. Your continued use of any Services governed by Additional Terms constitutes your acceptance of those terms. Failure to adhere to Additional Terms will be deemed a breach of this Agreement.

Service Levels

29.1 Uptime

MarketXY has historically maintained an uptime level of 99.9% on a year-over-year basis and strives to maintain or exceed this target. Unless explicitly stated in a separate written agreement, MarketXY makes no guarantee of uptime or uninterrupted availability. In the event of an outage, MarketXY will use commercially reasonable efforts to restore access within a timeframe deemed reasonable based on the nature and severity of the incident.

29.2 Response Times

Typical API response times vary and generally fall within a few seconds depending on query complexity and server load. MarketXY does not guarantee fixed or maximum response times unless such commitment has been explicitly defined in a signed Service Level Agreement (SLA).

End User Licence Agreement (EULA) — End Users

30.1 Obligation to Implement

The Customer shall implement an End User Licence Agreement ("EULA") for each individual or entity ("End User") who is granted access to or receives any portion of the MarketXY Data, Parsed Data, or Results under a valid Licence and Use Agreement. This requirement applies to both internal users and any third parties accessing the data through Customer-provided systems or tools.

30.2 Protective Terms

The EULA must include terms no less protective of MarketXY's rights, data, and intellectual property than those set forth in this Agreement. The Customer is solely responsible for ensuring all End Users are bound by such protective terms.

30.3 Minimum Provisions

• Liability Limitation: Disclaim all direct, indirect, incidental, or consequential damages related to the use of MarketXY Data
• Use Restrictions: Restrict End Users to internal, non-commercial use; expressly prohibit redistribution, resale, or external publication
• IP Safeguards: Prohibit reverse engineering, disassembly, decompilation, reproduction, reformatting, or circumvention of technical safeguards; affirm all content remains the exclusive property of MarketXY

Treatment of Personal Data

31.1 Privacy Policy

MarketXY's treatment of Personal Data is governed by its Privacy Policy, available at marketxy.com/legal/privacy, which is incorporated by reference into this Agreement and forms an integral part of the Terms of Use.

31.2 GDPR and Data Processing Compliance

If the Customer qualifies as a Data Controller under GDPR or other applicable data protection laws, and MarketXY is acting as a Data Processor, the Customer agrees to enter into a separate Data Processing Addendum (DPA) with MarketXY upon request. Failure to enter into a DPA, if legally required, will be deemed a material breach of this Agreement.

31.3 Customer Responsibility

The Customer is solely responsible for ensuring that its collection, submission, and usage of Personal Data through MarketXY Services complies with all applicable privacy, data protection, and communications laws, and that it has obtained all necessary consents or authorisations from data subjects.

31.4 Breach Notification

In the event of a Personal Data Breach, the Customer agrees to immediately notify MarketXY upon discovery, provide relevant details, and cooperate fully with containment, investigation, and notification procedures as required by law.

31.5 No Backup Obligation

MarketXY is not obligated to retain or back up any Personal Data submitted by the Customer. Personal Data may be deleted, overwritten, or anonymised at any time as part of normal data processing or cleanup routines. Customers are encouraged to maintain independent backups.

31.6 Licence Grant for Processing

The Customer grants MarketXY and its authorised subprocessors a non-exclusive, worldwide, royalty-free licence to process Personal Data solely for the purposes of providing the Services, ensuring functionality, analytics, compliance, and support, and in accordance with applicable data protection laws. This licence is perpetual for aggregated or anonymised data that can no longer identify any individual.