EFFECTIVE DATE: AUGUST 20TH, 2020
These Terms of Service ["TOS"] govern your access to and use of MARFI.io and any related services, products, applications, and platforms provided by MARFI Systems, Inc. ["MARFI," "we," "us," or "our"].
By accessing or using any of our products or services, you agree to be bound by these Terms. If you do not agree to these Terms, you must not use our services.
We have made these Terms of Service [TOS] as readable and understandable as possible. If you have questions, please contact us [#14. BELOW]
1. DEFINITIONS
"Services" refers to all products, solutions, and consulting services offered by MARFI, including but not limited to cybersecurity solutions, IT infrastructure, cloud-based solutions, and other managed services.
"User" or "you" refers to any individual or entity that accesses or uses MARFI.io or our services.
"Client" refers to any user who engages MARFI for paid services or products.
2. ELIGIBILITY & USE OF SERVICES
To use our products and services, you must:
Be at least 18 years old [or the legal age of majority in your jurisdiction].
Not be barred from using our services under applicable laws or regulations. Or be banned from our services for misuse.
Provide accurate and complete registration and payment information, where required.
3. ACCOUNT REGISTRATION & SECURITY
If you create an account with us:
You must provide accurate and current information.
You are responsible for maintaining the security of your account and all activity under your account.
You agree to notify us immediately of any unauthorized use or security breach.
If you are creating an account on behalf of our employee[s], you and said employee[s] are bound by the same Terms of Use.
4. ACCEPTABLE USE & RESTRICTIONS
By using our services, you agree NOT to:
Engage in illegal, abusive, or unethical activities.
Attempt to disrupt, exploit, or compromise the security of MARFI or its clients, vendors or partners.
Use automated scripts, bots, or scrapers to access our services without authorization. Doing so will result in a blacklist ban.
Misrepresent your identity or affiliation.
Reverse-engineer, decompile, or modify any part of our services, technology, or that of our clients, vendors or partners.
We reserve the right to suspend or terminate your access if you violate these terms, without warning and at any time, as well as pursue legal action to the full extent of the law.
5. SERVICES & PAYMENT TERMS
Pricing & Fees: MARFI provides services on a subscription, project-based, or hourly fee model. Fees are individually outlined prior to sign up, and in separate agreements, quotes or invoices.
Payments: Payments must be made on time and are subject to fair usage late fees if overdue (2% per month).
Refunds: Due to the intangible nature of our products and services, payments are non-refundable, except as required by law or as explicitly stated in a Master Service Agreement [MSA].
6. INTELLECTUAL PROPERTY
All content, trademarks, and proprietary technology on our systems and services belong to MARFI or its licensors.
You may not copy, modify, distribute, or use our intellectual property without explicit permission.
Any feedback or suggestions you provide may be used by MARFI without compensation.
7. CONFIDENTIALITY & DATA SECURITY
MARFI follows strict, industry-leading security protocols to protect client data. For more information, see our TRUST center.
Clients must also maintain reasonable security practices to protect their own data and access credentials.
We do not sell or share client data with third parties, except as required by law or necessary to provide services or conduct business.
8. THIRD-PARTY SERVICES & INTEGRATIONS
MARFI integrates with third-party platforms for security, cloud, and IT solutions. See our TRUST center for more information.
We are not liable for third-party outages, breaches, or service failures. In all said cases, please see third-party's Terms.
Use of third-party services is subject to their own terms and conditions, and Privacy Policies.
9. DISCLAIMERS & LIMITATION OF LIABILITY
No Warranty: Our services are provided "as is" without warranties of any kind. We do not guarantee uninterrupted, error-free, or completely secure services, unless otherwise stated in your MSA.
Limitation of Liability: MARFI shall not be liable for any indirect, incidental, special, or consequential damages, including but not limited to lost profits, data loss, or security breaches.
Maximum Liability: MARFI’s liability, under any circumstances, shall not exceed the fees paid by the client in the past six (6) months, unless otherwise stated in your MSA.
Said limits apply in all service and solution situations unless overwritten by an MSA, as outlined upon through a mutual agreement.
10. INDEMNIFICATION
You agree to defend, indemnify, and hold MARFI harmless from any claims, losses, or damages arising from your use of our services, violation of these Terms, or infringement of third-party rights.
11. CANCELLATION
Either party may terminate this Agreement at any time by providing ninety (90) days’ written notice to your POC (Point-of-Contact) at MARFI. Services will continue to be provided and billed on a month-to-month basis in-arrears during the notice period.
All fees incurred through the termination effective date remain payable, and access to services will end on the final day of the notice period unless otherwise agreed in writing.
12. CLIENT TERMINATION
We may suspend or terminate your access if you:
Violate or otherwise disagree with these Terms.
Engage in fraudulent, illegal, or harmful activities.
Fail to pay for services. Notice may be given before termination, and any unpaid bills may be sent to collections.
Upon termination, you must immediately cease all use of our services, and MARFI may delete your account and related data without notice.
13. GOVERNING LAW & DISPUTE RESOLUTION
These Terms are governed by the laws of the State of California, USA, without regard to conflict of law principles.
Any disputes shall be resolved through binding arbitration in Los Angeles, CA, except for claims seeking injunctive relief.
You waive any right to participate in class actions against MARFI.
