These Terms of Use ("Terms") govern your access to and use of the services, products, and website provided by MarketXY ("we", "us", "our"). By accessing or using our services, you agree to these Terms. If you do not agree, you may not use our services.
About Us
MarketXY operates a domain data intelligence platform offering WHOIS lookups, bulk databases, daily feeds, and domain monitoring services. Our platform is used by businesses, researchers, and security teams to access structured WHOIS records from across the global domain namespace.
Acceptance of Terms
By creating an account, purchasing a subscription, downloading a dataset, or otherwise using our services, you (a) represent that you are at least 18 years old, (b) confirm you have the authority to bind the organization you represent if acting on its behalf, and (c) accept these Terms, our Privacy Policy, and any applicable order forms or schedules.
If you are using our services on behalf of an employer or client, "you" and "your" also refer to that entity, and you warrant that you have authority to accept these Terms on their behalf.
Definitions
For purposes of these Terms:
- Service means any product, dataset, API, feed, or feature provided by MarketXY.
- Credit is the unit of consumption applied to actions such as lookups, record downloads, and feed entries.
- User Data means data you input, upload, or submit through the Services.
- Output Data means WHOIS records, feeds, and related datasets delivered to you.
- Subscription means a recurring paid plan granting you access to the Services.
Use of Services
Subject to your compliance with these Terms and payment of applicable fees, we grant you a non-exclusive, non-transferable, revocable license to access and use the Services for your internal business purposes.
You agree to use the Services in compliance with all applicable laws including, without limitation, data protection, anti-spam, and export control laws.
Account Registration
You may need to register for an account to access certain features. You agree to (i) provide accurate and complete information, (ii) maintain and promptly update your account information, (iii) keep your password secure, and (iv) notify us immediately of any unauthorized use of your account.
Prohibited Uses
You must not use the Services to:
- Violate any applicable law or regulation.
- Send unsolicited commercial communications (spam), phishing attempts, or harassment.
- Enable stalking, doxxing, or the harm of any individual.
- Re-identify individuals in any redacted or privacy-protected dataset.
- Circumvent rate limits, scrape beyond your plan allowance, or reverse-engineer our APIs.
- Resell, sublicense, or redistribute the Output Data in raw form, unless expressly permitted.
- Introduce viruses, malware, or any malicious code.
- Interfere with or disrupt the integrity or performance of the Services.
- Attempt to gain unauthorized access to any portion of the Services, other accounts, or systems.
Violation of this section may result in immediate suspension or termination of your account without refund.
Account & Credentials
You are responsible for all activity that occurs under your account, including actions performed by sub-users or API integrations using your credentials. Keep your API keys and passwords secure and rotate them periodically. Notify us promptly of any suspected compromise.
We reserve the right to suspend accounts with unusual activity patterns pending investigation, including excessive request rates, repeated policy violations, or suspected fraud.
Pricing & Payment
Subscription fees and credit packages are billed in advance according to the plan you select. All fees are quoted in U.S. Dollars unless otherwise stated and are exclusive of applicable taxes.
By providing a payment method, you authorize us to charge you for all applicable fees on a recurring basis until cancellation. Failed payments may result in suspension or termination of access.
Price Changes
We may change pricing from time to time. Price changes will apply to renewals and not mid-term for existing annual commitments. We will provide reasonable advance notice of any material pricing change.
Data Licensing
When you purchase or subscribe to datasets or feeds, we grant you a non-exclusive, non-transferable license to use the Output Data for your internal business purposes only. Unless your plan explicitly includes redistribution rights, you may not:
- Share or resell the raw Output Data to third parties.
- Use Output Data to train machine-learning models that compete with our Services.
- Display complete WHOIS records publicly without appropriate consent and legal basis.
- Use the data to contact individuals for spam, direct marketing, or unlawful purposes.
You may use derived insights, statistical aggregates, and analysis results in publications, reports, and products, provided you do not expose individual records or enable re-identification.
Intellectual Property
All rights, title, and interest in the Services, including software, data compilations, documentation, designs, and trademarks, remain the exclusive property of MarketXY or its licensors. Nothing in these Terms transfers ownership to you.
Output Data is licensed, not sold. Our structured compilation, indexing, and enrichment constitute original intellectual work protected under applicable copyright and database rights.
Feedback you provide about the Services is voluntary and may be used by us without obligation or compensation to you.
Disclaimers
THE SERVICES AND OUTPUT DATA ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
We do not warrant that the Services will be uninterrupted, error-free, or completely secure. WHOIS data originates from third-party registries and registrars; we do not guarantee completeness, accuracy, or timeliness of any specific record.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL MARKETXY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES.
OUR TOTAL AGGREGATE LIABILITY UNDER THESE TERMS WILL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
Indemnification
You agree to defend, indemnify, and hold harmless MarketXY, its affiliates, officers, employees, and agents from any third-party claims, damages, liabilities, costs, and expenses arising out of or related to your use of the Services, your violation of these Terms, or your violation of any third-party right.
Termination
Either party may terminate these Terms by providing written notice. Termination does not entitle you to a refund of any prepaid fees except where expressly provided in our refund policy or required by law.
Upon termination, your right to use the Services ends immediately. Provisions that by their nature should survive termination (including intellectual property, disclaimers, limitations of liability, and dispute resolution) will survive.
Data Export After Termination
For 30 days following termination, you may request an export of your User Data. After this period, we may delete your data in accordance with our data retention policy.
Governing Law
These Terms are governed by the laws of the State of Delaware, USA, without regard to its conflict-of-laws principles. You agree that any dispute will be resolved by binding arbitration in Wilmington, Delaware, except that either party may seek injunctive relief in a court of competent jurisdiction to protect its intellectual property.
Class actions and class arbitrations are waived to the fullest extent permitted by law.
Changes to Terms
We may revise these Terms from time to time. Material changes will be notified to you via email or by posting a notice on our website at least 14 days before they take effect. Your continued use of the Services after the effective date constitutes acceptance of the revised Terms.
MarketXY · 1234 Market Street, Suite 200 · Wilmington, DE 19801