Terms of Use

01Eligibility

You must be at least 13 years old to use the Services. If you are between 13 and 18, you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf. By using the Services, you represent and warrant that you meet these requirements.

02Accounts

To access most features of the Services, you must create an account using a valid email address and password. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. You agree to notify us immediately at team@fairwaytech.io if you suspect unauthorized access to your account.

You may not create an account on behalf of another person without their permission, share your account with others, or create multiple accounts to circumvent usage limits or enforcement actions.

03The Services

Markd is a content analytics and brand deal management tool for creators. The Services allow you to submit publicly available content URLs for performance analysis, track and manage brand deals, generate performance cases, and view engagement analytics.

We reserve the right to modify, suspend, or discontinue any part of the Services at any time, with or without notice. We will make reasonable efforts to notify you in advance of material changes that affect your use of the Services.

04Subscriptions and payments

Markd offers a free tier and paid subscription plans ("Pro"). Paid subscriptions are available on a monthly or annual basis. Pricing is displayed in the app at the time of purchase.

Auto-renewal

All paid subscriptions automatically renew at the end of each billing period (monthly or annually) unless you cancel at least 24 hours before the end of the current period. You will be charged the applicable subscription fee at the beginning of each renewal period.

Payment processing

Payments are processed through the Apple App Store or Google Play Store, depending on your device. All billing, payment processing, and refund policies are subject to the respective platform's terms. We do not directly collect or store your payment card information.

Price changes

We may change subscription prices from time to time. Price changes will take effect at the start of your next billing period after we provide you with reasonable notice. If you do not agree with a price change, you may cancel your subscription before it renews at the new price.

05Free tier

The free tier provides limited access to the Services, including a restricted number of URL analyses, active deals, and performance cases per month. Free tier limits may change at our discretion. Upgrading to a Pro subscription removes these limits.

06Cancellation and refunds

You may cancel your subscription at any time through your device's subscription management settings (Apple App Store or Google Play Store). Upon cancellation, you will retain access to Pro features until the end of your current billing period. After that, your account will revert to the free tier.

Refunds are handled by the Apple App Store or Google Play Store in accordance with their respective refund policies. We do not process refunds directly. If you believe you are entitled to a refund, please contact the respective app store or email us at team@fairwaytech.io for assistance.

07Your content and data

You retain ownership of all data, content, and information you provide to the Services, including brand deal details, notes, and any other information you enter ("Your Content"). By using the Services, you grant us a limited, non-exclusive license to use Your Content solely to provide, maintain, and improve the Services for you.

You may export or delete Your Content at any time. Upon account deletion, we will delete Your Content within 30 days, except where retention is required by law. See our Privacy Policy for details on data handling.

08Acceptable use

You agree not to:

• Use the Services for any unlawful purpose or in violation of any applicable laws or regulations.
• Attempt to gain unauthorized access to the Services, other users' accounts, or our systems or networks.
• Use automated scripts, bots, or scrapers to access the Services beyond normal app usage.
• Reverse engineer, decompile, or disassemble any part of the Services.
• Interfere with or disrupt the integrity or performance of the Services.
• Use the Services to harass, abuse, or harm others.
• Resell, redistribute, or sublicense access to the Services without our written permission.
• Submit false, misleading, or fraudulent information.
• Circumvent any usage limits, access controls, or security features of the Services.

We reserve the right to suspend or terminate your account if we determine, in our sole discretion, that you have violated these Terms.

09Intellectual property

The Services, including all software, design, text, graphics, logos, and other materials, are owned by Fairway Tech Inc and are protected by copyright, trademark, and other intellectual property laws. Nothing in these Terms grants you any right, title, or interest in the Services beyond the limited right to use them in accordance with these Terms.

The Markd name, logo, and all related marks are trademarks of Fairway Tech Inc. You may not use our trademarks without our prior written consent.

10Third-party services

The Services may interact with or rely on third-party platforms, including TikTok, YouTube, the Apple App Store, and the Google Play Store. We are not affiliated with, endorsed by, or sponsored by any of these platforms. Your use of third-party platforms is governed by their respective terms and policies.

We are not responsible for the availability, accuracy, or content of any third-party services, and we make no guarantees about the continued availability of any third-party integrations.

11Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that the Services will be uninterrupted, error-free, or secure, or that any defects will be corrected. We do not guarantee the accuracy, completeness, or reliability of any analytics, scores, or data provided through the Services. Content performance metrics are derived from publicly available data and may not reflect actual or complete performance.

12Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FAIRWAY TECH INC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES, REGARDLESS OF THE THEORY OF LIABILITY.

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

13Indemnification

You agree to indemnify, defend, and hold harmless Fairway Tech Inc and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with your access to or use of the Services, your violation of these Terms, or your violation of any rights of a third party.

14Termination

You may terminate your account at any time by going to Settings and selecting "Delete Account" in the app, or by emailing team@fairwaytech.io. Upon termination, your right to use the Services will cease immediately.

We may suspend or terminate your account at any time, with or without cause, and with or without notice. If we terminate your account without cause, we will provide a pro-rata refund for any prepaid subscription fees covering the unused portion of your billing period.

Sections 7 (Your Content and Data), 9 (Intellectual Property), 11 (Disclaimers), 12 (Limitation of Liability), 13 (Indemnification), and 16 (Governing Law) shall survive termination of these Terms.

15Changes to these Terms

We may update these Terms from time to time. When we make material changes, we will update the "Effective" date at the top of this page and notify you in the app or by email at least 14 days before the changes take effect. Your continued use of the Services after the effective date constitutes acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Services and delete your account.

16Governing law

These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions. Any disputes arising out of or relating to these Terms or the Services shall be resolved exclusively in the state or federal courts located in Orange County, California, and you consent to the personal jurisdiction of such courts.

17Contact us

Questions or concerns about these Terms:

Fairway Tech Inc
Attn: Legal (Markd)
2549 Eastbluff Dr, Unit 411, Newport Beach, CA 92660
Email: team@fairwaytech.io