Terms of Service

1. Platform Role & Disclaimer

2. User Accounts and Responsibilities

To access certain features of Markit ("App"), you must register for an account. When you register, you agree to:

• Provide accurate, current, and complete information.
• Maintain the security of your password and accept all risks of unauthorized access to your account.
• Promptly notify us if you discover or otherwise suspect any security breaches related to the App.

You are responsible for all activities that occur under your account. We reserve the right to suspend or terminate your account if any information provided during the registration process or thereafter proves to be inaccurate, false, or misleading.

3. Acceptable Use Policy: Prohibited Activities

Our App is intended to facilitate connections within the local economy. You agree to use our Services only for their intended purpose. You agree that you will not engage in any of the following prohibited activities, nor will you permit any third party to do so. This list is not exhaustive, and we reserve the right to determine what conduct violates this policy:

• Use the App for any illegal or unauthorized purpose.
• Engage in any activity that would interfere with or disrupt the Services.
• Attempt to circumvent any content-filtering techniques we employ.
• Use the App to solicit, advertise, or contact users for any commercial purpose not expressly permitted by these Terms.
• Attempt to transact with other users outside of the platform when the initial connection was made through the App in a manner that circumvents our services.

4. Content Standards and Zero-Tolerance Policy

You are solely responsible for the content you post, upload, or otherwise make available through our Services ("User Content"). We have a Zero-Tolerance Policy for objectionable content. You agree not to post User Content that:

• Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, or fraudulent.
• Constitutes, encourages, or provides instructions for a criminal offense.
• Contains any misrepresentations or false information, including inaccurate product listings (e.g., "bait-and-switch" schemes).
• Contains any private information of any third party without their consent.
• Depicts nudity, sexually explicit material, or is otherwise deemed inappropriate at our sole discretion.

We reserve the right, but are not obligated, to remove, screen, or edit any User Content posted on the App at any time and for any reason without notice. Any violation of our Content Standards will result in the immediate termination of your account.

5. Technical Requirements for Uploads

To uphold our community safety standards, Markit utilizes iOS system-level safety frameworks.

• Mandatory Safety Setting: You acknowledge that to utilize image uploading features (e.g., for profile photos or product listings), you must enable "Sensitive Content Analysis" (or the equivalent safety setting) on your device.
• Refusal of Service: If this setting is disabled, the App will restrict your ability to upload content. We provide a direct link to your device settings to facilitate this, but the final action to enable this setting rests with you.

6. Data Insights & Aggregated Analytics

• Collection: By using our Services, you acknowledge and agree that we collect data based on your interactions with the App. This data may include, but is not limited to, your location, search queries, browsing activity, favorited items, and marketplace interactions.
• Aggregated Insights: We may aggregate and anonymize this data to create "Market Insights." These insights do not personally identify you.
• Commercial Use: You acknowledge that Markit retains all rights to these Market Insights and may use them to help producers understand local demand. We do not sell your personally identifiable data to third-party data brokers.

7. Intellectual Property Rights

Unless otherwise indicated, the App and all content and other materials on the App, including, without limitation, our logo, and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, "App Content") are the proprietary property of Markit or our licensors and are protected by U.S. and international copyright laws. You are granted a limited, non-sublicensable license to access and use the App and App Content for your personal use.

8. Disclaimers and Limitation of Liability

THE APP AND THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

IN NO EVENT SHALL MARKIT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE OUR SERVICES.

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF THE APP OR SERVICES SHALL NOT EXCEED ONE THOUSAND U.S. DOLLARS ($1,000).

9. Apple-Specific Terms

• No Apple Liability: These Terms are between you and Markit, not Apple. Apple is not responsible for the App or its content.
• Maintenance: Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
• Third-Party Beneficiary: You acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you.

10. Termination

We reserve the right, without notice and in our sole discretion, to terminate your right to use the Services, or any portion thereof, and to block or prevent your future access to and use of the Services or any portion thereof.

11. Dispute Resolution: Binding Arbitration & Class Action Waiver

Please read this section carefully as it affects your legal rights, including your right to file a lawsuit in court.

• Binding Arbitration: You and Markit agree that any dispute, claim, or controversy arising out of or relating to these Terms or your use of the App shall be resolved by binding, individual arbitration, rather than in court. This means that a neutral arbitrator will decide the case, not a judge or jury, and the arbitrator's decision will be final and binding.
• Class Action Waiver: You and Markit agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial.
• Exceptions: Nothing in this section prevents either party from seeking public injunctive relief, or from bringing an individual action in small claims court, if the claims qualify.
• Governing Law: These Terms and your use of the App will be governed by the laws of the State of California, without regard to its conflict of law principles. Any claims not subject to arbitration must be brought exclusively in the state or federal courts located in the County of San Francisco, California.

12. Changes to These Terms

We may make changes to these Terms from time to time. If we make changes, we will post the amended Terms to our App and update the "Last Updated" date above. We may also attempt to notify you by sending an email notification to the address associated with your account or by providing notice through our App.