These Terms of Service ("Terms") are a legally binding agreement between you ("you" or "User") and MarkAndRun ("we", "us", or "MarkAndRun") governing your access to and use of the MarkAndRun native mobile application and web application (collectively, the "Service"). By creating an account or using the Service you confirm you have read, understood, and agreed to these Terms.
If you are using the Service on behalf of a company or organisation, you represent that you have authority to bind that entity, and "you" includes that entity.
1. Eligibility
You must be at least 18 years old and capable of forming a binding contract to use the Service. The Service is intended for professional use by licensed or registered contractors and their staff. Clients and homeowners who access tokenized web pages (for estimate review, contract signing, change order approval, punch list submission, or draw approval) are also bound by these Terms with respect to their use of those pages.
2. Account Registration
You must provide accurate, current, and complete information when creating an account and keep it up to date. You are responsible for all activity under your account and for maintaining the confidentiality of your credentials. Notify us immediately at support@markandrun.com if you suspect unauthorised access.
3. Acceptable Use
You agree not to:
- Use the Service for any unlawful purpose or in violation of any applicable law or regulation.
- Upload or transmit malware, viruses, or any code designed to disrupt or damage systems.
- Attempt to reverse-engineer, decompile, or derive source code from the Service.
- Scrape, harvest, or systematically extract data from the Service without written permission.
- Create multiple accounts to circumvent plan limits (including the free-tier 2-job limit).
- Impersonate another person or provide false information.
- Use the Service to store or transmit material that is defamatory, obscene, or infringes third-party rights.
- Interfere with or disrupt the integrity or performance of the Service.
4. Plans, Subscription, and Billing
Free (Starter) plan
The Starter plan is free and limited to 2 jobs total — ever. Completed, closed, or archived jobs do not free a slot. This limit is enforced server-side. Creating additional accounts to circumvent this limit is a breach of these Terms and may result in account termination.
Paid plans
Pro ($79/month) and Firm ($149/month) plans unlock unlimited jobs and additional features as described on the pricing page. Subscription fees are charged in advance on a monthly basis. All fees are non-refundable except as required by law. We reserve the right to change pricing with 30 days' written notice. Continued use after a price change constitutes acceptance.
If payment fails, your account will be downgraded to the Starter plan limits. Accounts with overdue balances may be suspended after 30 days and deleted after 90 days, with prior notice.
5. Your Data and Content
You retain full ownership of all project data, documents, photos, and content you create in the Service ("User Content"). By using the Service you grant MarkAndRun a limited, non-exclusive licence to store, process, and transmit User Content solely to provide and improve the Service for you — including sending relevant content to third-party AI services as described in our Privacy Policy.
You are solely responsible for the accuracy, legality, and appropriateness of User Content. We do not review, validate, or endorse any contractor scope, contract, estimate, or financial figures you produce through the Service.
6. AI-Generated Content
The Service uses AI models to generate scope estimates, contract text, progress reports, and change order drafts based on your inputs. All AI-generated output is a starting point for your professional judgment. MarkAndRun makes no warranty that AI-generated content is accurate, complete, legally sufficient, or appropriate for your specific situation. You must review, verify, and take responsibility for any AI-generated document before presenting it to a client or third party. See our Legal & Disclaimers page for full detail.
7. In-App E-Signatures
The Service facilitates electronic signature of contracts and other documents by displaying them to the signing party via a secure tokenized link and recording their acceptance. This functionality is intended to create a legally binding electronic record under applicable e-signature law (such as the U.S. Electronic Signatures in Global and National Commerce Act, E-SIGN). However, MarkAndRun is not a certified electronic signature provider (such as DocuSign or Adobe Sign). It is your responsibility to ensure that in-app signatures satisfy any specific requirements in your jurisdiction or industry. See our Legal & Disclaimers page.
8. Intellectual Property
The MarkAndRun name, logo, software, and all related IP are owned by or licensed to MarkAndRun. Nothing in these Terms transfers ownership of any MarkAndRun IP to you. Feedback or suggestions you provide may be used by MarkAndRun without obligation to you.
9. Third-Party Services
The Service integrates with third-party services including OpenAI (AI processing), Perplexity (pricing research), and Resend (transactional email). We are not responsible for the content, availability, or practices of these third parties. Your use of AI features constitutes acceptance that relevant data will be processed by these services as described in our Privacy Policy.
10. Disclaimer of Warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING FITNESS FOR A PARTICULAR PURPOSE, MERCHANTIBILITY, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, MARKANDRUN AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR LOSS OF PROFITS, DATA, OR GOODWILL, ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICE. OUR TOTAL LIABILITY FOR ANY CLAIM RELATED TO THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) FEES PAID BY YOU IN THE THREE MONTHS PRIOR TO THE CLAIM, OR (B) US$50.
12. Indemnification
You agree to indemnify and hold MarkAndRun harmless from any claims, losses, liabilities, damages, costs, and expenses (including reasonable legal fees) arising from your User Content, your use of the Service, or your breach of these Terms.
13. Termination
You may cancel your account at any time by contacting support. We may suspend or terminate your account immediately for a material breach of these Terms, including circumventing plan limits. Upon termination, your right to use the Service ceases; data retention and deletion are governed by our Privacy Policy.
14. Governing Law and Disputes
These Terms are governed by the laws of the State of Delaware, USA, without regard to conflict-of-law principles. Any dispute arising from these Terms will be resolved through binding arbitration under the rules of the American Arbitration Association, except either party may seek emergency injunctive relief in a court of competent jurisdiction.
15. Changes to These Terms
We may update these Terms. We will provide at least 14 days' notice for material changes via email or prominent in-app notice. Continued use after the effective date constitutes acceptance.
16. Contact
MarkAndRun · legal@markandrun.com