Terms of service

1. Acceptance

By using AnchorMark you agree to these Terms. If you are using AnchorMark on behalf of an organization, you represent that you have authority to bind that organization.

2. Definitions

• Service: the AnchorMark platform, websites, SDKs, browser extensions, and APIs.
• Customer Data: data you submit to or capture through the Service.
• Order: a subscription plan you select in-app or in a written order form.
• Workspace: an isolated tenant scoped to your organization.

3. Account registration

You must provide accurate information, keep credentials secure, and promptly notify us of unauthorized access.

4. Plans, billing, refunds, auto-renewal

Plans are billed monthly or annually in advance and auto-renew unless cancelled before the renewal date. Fees are non-refundable except where required by law or in the case of a termination for our uncured material breach. Taxes are your responsibility unless we are required to collect them.

5. Acceptable use

You will not (a) reverse engineer the Service, (b) use it to violate law or third-party rights, (c) submit malicious code, (d) attempt to breach tenant isolation or rate limits, or (e) capture content from sites you do not have authorization to test.

6. Customer data ownership and license

You retain all rights in Customer Data. You grant us a limited license to host, process, transmit, and display Customer Data solely to provide the Service and as described in our Privacy Policy and DPA. We do not use Customer Data to train models.

7. Our IP

We retain all rights in the Service, including software, designs, documentation, and trademarks. Feedback you provide may be used by us without restriction.

8. Third-party services and integrations

The Service integrates with third-party services (e.g., Linear, Jira, GitHub, Slack). Your use of those services is governed by their terms. We are not responsible for third-party services and may disable an integration on reasonable notice.

9. Beta features

We may make beta features available. Beta features are provided "as is," may change or be withdrawn, and are excluded from any SLA.

10. Confidentiality

Each party will protect the other's Confidential Information with at least reasonable care and use it only to perform under these Terms.

11. Warranties and disclaimers

We warrant that the Service will materially conform to its documentation. EXCEPT AS EXPRESSLY STATED, THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

12. Indemnification

You will defend and indemnify us against claims arising from your Customer Data or breach of Section 5. We will defend and indemnify you against claims that the Service infringes a third party's intellectual property rights, subject to standard carve-outs and process requirements.

13. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY IS LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LOST PROFITS. EACH PARTY'S AGGREGATE LIABILITY IS CAPPED AT THE FEES PAID BY YOU TO US IN THE 12 MONTHS BEFORE THE CLAIM.

14. Term and termination

These Terms run for the duration of your Order. Either party may terminate for the other's uncured material breach on 30 days' notice. We may suspend the Service for security or legal reasons.

15. Suspension

We may suspend access for non-payment, security, or violations of Section 5, with notice where reasonable.

16. Modifications

We may update these Terms; material changes will be notified at least 30 days in advance and become effective on renewal.

17. Governing law and venue

These Terms are governed by the laws of the State of South Carolina, USA, excluding its conflict-of-laws rules. Venue lies in the state and federal courts of South Carolina, except where local consumer protection law provides otherwise.

18. Dispute resolution

The parties will attempt to resolve disputes informally. Where binding arbitration is required by an Order, it will be conducted under the AAA Commercial Arbitration Rules in South Carolina. Either party may seek injunctive relief in any court of competent jurisdiction for infringement of intellectual property.

19. Export controls

You will comply with applicable export and sanctions laws and not use the Service in embargoed jurisdictions.

20. Force majeure

Neither party is liable for delays caused by events beyond reasonable control, including natural disasters, war, terrorism, labor action, and internet or utility failures.

21. Assignment

Neither party may assign these Terms without consent, except to an affiliate or in connection with a merger or sale of substantially all assets.

22. Entire agreement

These Terms, together with any Order and our DPA and Privacy Policy, are the entire agreement and supersede prior understandings.

23. Contact

Anchor Point Agency, LLC, [email protected]. See our DPA and sub-processors.