These Terms of Service ("Terms") cover the use of services offered by MarketScale ("us," "we," or "MS"), including the exchange of audio and video content, chat features, and other services (collectively, "Services") through MarketScale Studio. By using the Services, you agree to these Terms, whether you are a registered user or not.

Additional policies, guidelines, or rules related to the Services are incorporated into these Terms by reference. If you disagree with any part of the Terms, do not use the Services. Your use signifies acceptance of the most current Terms.

The Services are available to both registered and non-registered users. Registered users may use the Services for business or commercial purposes, while non-registered users can view content and submit content upon invitation by registered users.

You must be at least 18 years old to access and use the Services. By using the Services, you confirm that you are of legal age.

By using the Services, you agree to let MS contact you through provided contact information, including email. MS may send newsletters or offers it deems relevant to users. You can opt out of these communications at any time.

Client agrees that Provider may use information collected through the Product which may include Personal Data such as IP addresses and other online identifiers, to provide, maintain, append, improve, enhance, and develop our commercial dataset and Subscription Services. Client acknowledges Provider may use Enrichment Data to provide, maintain, append, improve, enhance, and develop our commercial dataset and the Subscription Services necessary for the functionality of enrichment products and supersedes any prior or conflicting terms. Client agrees that only Enrichment data you transmit to Provider may be copied to commercial dataset and processed further. Provider will take reasonable steps to correct errors and omissions in Outputs when discovered by Provider and/ or upon notification by Client. However, accuracy of Outputs may vary and availability of outputs may be limited by location. Client is responsible for the content, accuracy, and integrity of Data transmitted to Provider, including for correcting errors and omissions.

Client Responsibilities: Client represents and warrants that it has provided and will continue to provide adequate notices and opt-out mechanisms, and that it has obtained and will continue to obtain any necessary permissions and consents, as required by applicable laws, in order to lawfully collect and transmit Data to provider for the purposes contemplated by these terms and conditions. Client is responsible for all compliance obligations related to applicable laws, rules and regulations relating to texting communications when using the Provider’s Product.

AI Products:

Our Services are not intended for use by children under the age of 13, and we do not knowingly collect personal information from children under 13. If we become aware that we have collected personal information from a child under 13, we will take steps to delete that information as soon as possible.

If you are a user located in the European Union, your personal data is protected under the General Data Protection Regulation (GDPR). We process your personal data with your consent, for the performance of a contract, or as necessary for our legitimate interests. You have the right to access, rectify, erase, restrict, or object to the processing of your personal data, and the right to data portability. To exercise these rights, please contact us at [email protected]. If you are unsatisfied with our response, you have the right to lodge a complaint with a supervisory authority in your country of residence.

If you are a California resident, you have specific rights under the California Consumer Privacy Act (CCPA). These rights include the right to access, delete, and opt-out of the sale of your personal information, as well as the right to be free from discrimination for exercising your privacy rights. To exercise your rights under the CCPA, please contact us at [email protected]. We will respond to your request within 45 days. For more information about how we collect, use, and share your personal information, please refer to our Privacy Policy.

Registered users must create an account to use the Services. When you register for MarketScale Studio, your username and password may also work on MarketScale.com and related products.

In addition to the general Terms, registered users must:

Upon successful account registration, the Services will be available, subject to payment requirements.

Users must use the Services according to the Terms and comply with relevant laws. You are prohibited from engaging in activities such as:

You agree to provide accurate information when creating an account and to update MS with any changes.

The Services may include materials uploaded by other users or third parties. You are responsible for complying with any applicable terms, conditions, or licenses for these materials.

By uploading content, you grant MS a worldwide, royalty-free, transferrable, sublicensable, non-exclusive, perpetual, irrevocable license to use, modify, and distribute your content in connection with the Services. You represent that you have the necessary rights and that your content does not infringe on any laws or third-party rights.

By using our service, you consent to your content being processed by OpenAI's Whisper API, agree to our data handling as per our Privacy Policy, accept responsibility for content legality, acknowledge potential transcription inaccuracies, and understand our right to modify the service and requirement for legal compliance.

By using the AI translation services provided by MarketScale Studio, you acknowledge that there may be minor inaccuracies or contextual misunderstandings in the style or tone, which could lead to culturally insensitive translations. For best results, we recommend a human review of all AI-generated outputs.

MarketScale Studio makes no guarantee that the AI-generated translations will be unique to your specific needs. We are not responsible for any errors, inaccuracies, or misunderstandings resulting from the use of these services.

Our platform offers AI-assisted direction to help streamline your content creation process. By using this service, you agree to the following terms:

Our platform allows users to book onsite video productions. By using this service, you agree to the following terms:

Our platform offers AI-powered writing and document creation services to assist users in generating written content. By using this service, you agree to the following terms:

The Services may include functionality allowing you to access and post content to social media and third parties’ platforms regarding your activities related to the Services. You may choose whether to utilize this aspect of the Services. Using social media or third-party platform functions in conjunction with the Services will allow MS access to certain information that you make available through such platforms under the terms and conditions and privacy policies set forth by said parties.

The payment of fees and costs associated with the Services is governed by the Payment Terms which are hereby included by reference in these Terms.

The term of these Services commences once an Account is created and lasts until the Account is terminated.

Registered users may terminate their Account at any time by using the account termination option. If you terminate your Account, you may still be able to access the Site or the App, but you will not have access to the Services, features, and content that are available to registered users. This may result in data loss.

MS reserves the right to terminate your Account under the conditions detailed in this Section. We are permitted to suspend or terminate your Account if you provide us untrue or inaccurate information when creating your Account, as well as when you fail to comply with any applicable law or these Terms. Account termination may result in data loss.

The Services are available upon creation of your Account. By creating your Account and expressly requesting the Services, you waive to your withdrawal right, if applicable.

The Services are provided “as is,” with all faults, and MS makes no express or implied representations or warranties, of any kind related to the Services. Additionally, nothing contained on this Website shall be construed as providing consultation or advice to you. You may have additional rights under your local laws that these Terms cannot change, and, in any such cases, MS’ liability is limited in accordance with and to the extent permissible under said local laws.

To the maximum extent permitted by applicable law, MS will not be liable for any consequential, incidental, exemplary, punitive, or special damages, including any damages to or for loss of data or privacy, revenue, profits, or property (including buildings, wiring, fixtures, devices, computers, peripherals, and animals) or for injury or death, arising from or relating to these Terms, your Account, or the Services.

Registered Users: MS’ maximum, aggregate liability to you, and your exclusive remedy under these Terms for any and all alleged damages, injuries, and losses arising from any and all claims and causes of action arising out of, based on, resulting from or in any way related to these Terms, your Account, and/or the Services, shall not exceed a total maximum amount equivalent to fees paid to MS in the last twelve (12) months preceding the date in which the damage took place, or one-hundred dollars ($100.00), whichever is greater.

Non-registered users: MS’ maximum, aggregate liability to you, and your exclusive remedy under these Terms for any and all alleged damages, injuries, and losses arising from any and all claims and causes of action arising out of, based on, resulting from or in any way related to these Terms, and/or the Services, shall not exceed one-hundred dollars ($100.00).

The limitation of liability set forth in this Section shall only apply to the maximum extent permitted by law. This Section does not apply to gross negligence or willful misconduct.

To ensure you are provided with high quality Services, we may use third-party service providers. Users understand that third-party providers act beyond our reasonable control. Accordingly, MS shall not be held liable for any damages caused by an action or omission attributable to third-party service providers.

You understand that we do not control the use of any information collected by third parties by integrations you may choose to utilize in accessing and/or operating the Services. Accordingly, you understand and agree that MS shall not defend, indemnify or hold you harmless for any and all costs or damages arising from those third parties’ actions and integrations.

You shall not use any content for which you do not have authorization of the titleholders in conjunction with, or related in any manner with, the Services. MS is not responsible for any such content nor the actions you may take with respect of the content, and you shall not use third parties’ content unless you have first obtained the permission of its owner.

MS shall not be responsible or liable for any damages incurred from your uploading of trade secrets, including, but not limited to, loss of trade secrets or breach of any duty you may have to protect trade secrets which you release in accessing and/or operating the Services. Accordingly, you understand and agree that MS shall not defend, indemnify or hold you harmless for any and all costs or damages arising from the release of such trade secrets.

You hereby indemnify to the fullest extent MS from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of these Terms or use of the Services or of any warranty hereunder or from any negligence, gross negligence, unauthorized use of intellectual property, or any other wrongful acts or omissions by you, your employees, directors, officers, subcontractors, agents or other members of your workforce. This provision shall survive the expiration or termination of these Terms of Service for any reason.

If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.

No waiver by MS of any breach of, or of compliance with, any condition or provision of this Agreement by you shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.

MS is permitted to revise these Terms at any time as it sees fit, and by using this Service you are expected to review the Terms on a regular basis to ensure you understand all terms and conditions governing use of the Services. MS will provide reasonable prior written notice of any material changes to the Terms. If you do not agree to any change to the Terms, you shall stop using the Services. By continuing to use the Services, you agree to the updated terms.

MS shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

These Terms, including any legal notices and disclaimers contained in the Services and on the websites utilized in accessing and using the Services, constitute the entire agreement between MS and you in relation to your use of the Services, and supersede all prior agreements and understandings with respect to the same.

These Terms will be governed by and construed in accordance with the laws of the State of Texas.

You and MS each agree that any and all disputes or claims that have arisen, or may arise, between you and MS (including any disputes or claims between you and a third-party agent of MS) that relate in any way to or arise out of this or previous versions of the Terms of Service, your use of or access to the Services or the actions of MS or its agents shall be resolved exclusively through final and binding arbitration, rather than in court. Alternatively, you may assert your claims in small claims court, if your claims qualify, and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.

Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. An arbitrator should apply the Terms of Service as a court would. All issues are for the arbitrator to decide, except those issues relating to arbitrability, the scope or enforceability of this Agreement to Arbitrate, or the interpretation of the CLASS ACTION WAIVER provision below, shall be for a court of competent jurisdiction to decide.

The arbitrator's award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

YOU AND MS AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, OR REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. UNLESS BOTH YOU AND MS AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, CLASS, OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.

If a court decides that applicable law precludes enforcement of any of this paragraph's limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court, subject to your and MS’ right to appeal the court's decision. All other claims will be arbitrated.

MS is not obligated to monitor or review your content but may do so to determine if it is illegal or breaches these Terms. MS may, at its sole discretion, modify, restrict access to, delete, or refuse to display content that violates the law or these Terms. MS may delete any content that breaches these Terms without prior notice and accepts no liability for such deletions.

Users’ access and use of the Services may be interrupted from time to time for any of several reasons, including the technical malfunctions, updating, maintenance or repair from MS, and any other need for interruption that MS, in its sole discretion, may elect to take. You hereby agree that MS shall not be held responsible for any lost data or work, completed or in progress, from these service interruptions.

MarketScale maintains this Content Retention Policy ("Policy") to protect and maintain necessary client records, content, and documents ("Information") within the Studio platform and to ensure the proper disposal of records and content no longer needed or valuable.

This Policy applies to all records and content generated and/or stored within MarketScale's Studio Platform, including both original and reproductions.

Information will be saved and retained for NINETY (90) days from the date of submission into the platform. This time frame is referred to as the "Retention Period."

MarketScale's policy is to retain Information necessary to support its services, client correspondence, work product, and items of continuing significance for the Retention Period. Unused drafts or documents will not be retained. Email attachments are considered separate from their respective messages.

Documents (hardcopy, online, or other media) will be stored in a protected environment for the Retention Period, including computer backup media.

After the Retention Period, hardcopies of Information will be destroyed through shredding or other effective means, and electronic information will be deleted from cloud and local servers.

If MarketScale is served with a subpoena or request for documents, becomes aware of a government investigation or audit, or faces litigation, document disposal will be suspended until MarketScale, with legal counsel, determines otherwise.

If MarketScale is served with a subpoena or request for documents by legally authorized personnel, it will notify the relevant client(s) within 48 hours. Requested information will be provided within ten (10) business days. The COO will authorize the provision. No documents will be concealed, altered, or destroyed with the intent to obstruct an investigation or litigation.

MarketScale reserves the right to modify this Policy to ensure compliance with laws and to include appropriate document and record categories. MarketScale will monitor relevant laws, review the record retention and disposal program annually, and ensure compliance with this Policy.

If you have any questions about these Terms, the Services, or your dealings with this site, please contact us.