Last updated: December 20, 2025

These Website Terms and Conditions (these “Terms”) govern your access to and use of the website located at www.marketscale.com and all pages, features, and content made available through it (collectively, the “Website”). In these Terms, “MarketScale,” “we,” “us,” and “our” refer to MarketScale and its applicable affiliates.

1) Acceptance of Terms

By accessing or using the Website, you agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Website.

2) Eligibility (No Minors)

The Website is intended for individuals who are at least 18 years of age. By using the Website, you represent and warrant that you are at least 18. If you are under 18, you must not use the Website.

3) Privacy Policy; Electronic Communications and Interactive Features

Your use of the Website is also subject to our Privacy Policy, which is incorporated into these Terms by reference:

Privacy Policy: https://marketscale.com/privacy-policy/

Interactive Features; Processing and Sharing

If you use interactive features on the Website (including any search functionality, forms, chat tools, or similar features), you understand that information you submit through those features may be processed and transmitted to our service providers (for example, hosting, analytics, fraud prevention, customer support, advertising/measurement, and website optimization), as described in our Privacy Policy.

Cookie/Tracking Technologies; Choices

The Website may use cookies and similar technologies as described in our Privacy Policy. Where required by applicable law, we provide choices and consent mechanisms. You may adjust settings or opt out where available as described in the Privacy Policy.

California Privacy and Communications

If you are a California resident, you may have additional rights regarding personal information as described in our Privacy Policy. Nothing in these Terms is intended to waive or limit any non-waivable rights you may have under applicable law.

4) Intellectual Property Rights

Except for content you own that you may submit or provide to us (as described below), MarketScale and/or its licensors own all rights, title, and interest in and to the Website and its content, including all text, graphics, images, audio, video, design, software, and other materials (collectively, “Content”), and all related intellectual property rights.

Subject to your compliance with these Terms, MarketScale grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Website and to view Content solely for your personal or internal business purposes.

5) Copyright Infringement; DMCA Notices

We respect intellectual property rights and may remove allegedly infringing content and/or suspend or terminate access for repeat infringers.

DMCA Notices. If you believe your work has been copied in a way that constitutes copyright infringement, please send a notice to our designated copyright agent (contact information below):

Copyright Agent: [INSERT NAME / TITLE]
Email: [INSERT EMAIL]
Mailing Address: [INSERT ADDRESS]
Phone: [INSERT PHONE]

Your notice should include:

  1. A physical or electronic signature of the copyright owner or authorized representative;
  2. Identification of the copyrighted work claimed to have been infringed;
  3. Identification of the allegedly infringing material and its location on the Website;
  4. Your name, address, telephone number, and email address;
  5. A statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law; and
  6. A statement, under penalty of perjury, that the information in your notice is accurate and you are authorized to act on behalf of the copyright owner.

6) Restrictions and Prohibited Conduct

By accessing or using the Website, you agree you will not:

  1. Use the Website in violation of these Terms or the Privacy Policy;
  2. Use the Website in violation of any applicable law or regulation;
  3. Copy, modify, create derivative works from, reverse engineer, decompile, or disassemble any portion of the Website, or attempt to discover source code (except to the extent such restriction is prohibited by applicable law);
  4. Sell, assign, sublicense, distribute, commercially exploit, or transfer any rights in the Website or Content;
  5. Use any automated system (including “robots,” “spiders,” or “offline readers”) to access the Website in a manner that sends more requests than a human can reasonably produce in the same period;
  6. Damage, disable, overburden, or impair the Website, or interfere with any other party’s use of the Website;
  7. Attempt to gain unauthorized access to the Website, accounts, or systems;
  8. Engage in data mining, data harvesting, scraping, or data extraction not expressly authorized by us in writing;
  9. Interfere with or attempt to circumvent security features, access controls, or privacy/consent mechanisms;
  10. Use the Website for any unlawful purpose, or in violation of any person’s privacy or other rights.

We may restrict access to any part of the Website at any time in our sole discretion, including by suspending or terminating your access to the Website.

7) Information and Materials You Provide

If you submit, upload, transmit, or otherwise provide any information or materials through the Website or to MarketScale (collectively, “User Materials”), you represent and warrant that:

  • You own or have the necessary rights, licenses, consents, and permissions to provide the User Materials; and
  • The User Materials do not and will not violate any law or infringe or misappropriate any intellectual property, privacy, publicity, or other rights of any person or entity.

License to Use User Materials

You retain ownership of your User Materials. However, you grant MarketScale a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to host, store, reproduce, display, perform, transmit, and otherwise use your User Materials solely as reasonably necessary to operate, maintain, secure, improve, and provide the Website and our services, and to comply with applicable law and enforce these Terms.

8) Third-Party Services and Links

The Website may contain links to third-party websites or integrate with third-party services (including analytics, measurement, and advertising services). Those third parties may have their own terms and privacy practices. We do not control and are not responsible for third-party websites or services, including their availability, content, or practices. Your use of third-party websites or services is at your own risk and subject to the applicable third party’s terms.

9) No Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE WEBSITE AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS, AND MARKETSCALE DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

We do not warrant that the Website will be uninterrupted, error-free, secure, or free of viruses or other harmful components. Any reliance on information obtained through the Website is at your own risk. Nothing on the Website constitutes legal, financial, medical, or other professional counsel or advice.

Security

While we implement reasonable security measures, we cannot guarantee absolute security. You are responsible for maintaining the confidentiality of any credentials and for all activities that occur under your account (if any).

10) Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MARKETSCALE OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO YOUR USE OF (OR INABILITY TO USE) THE WEBSITE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MARKETSCALE’S TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE WEBSITE OR THESE TERMS SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US $100) OR, IF APPLICABLE, THE AMOUNT YOU PAID TO MARKETSCALE FOR ACCESS TO THE WEBSITE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, WHICHEVER IS GREATER.

(Some jurisdictions do not allow the exclusion of certain warranties or limitations of liability, so some of the above may not apply to you to the extent prohibited by law.)

11) Indemnification

You agree to indemnify, defend, and hold harmless MarketScale and its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) your use of the Website; (b) your User Materials; or (c) your breach of these Terms or violation of applicable law.

We reserve the right, at our expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to cooperate with our defense of such claims. You will not settle any claim without our prior written consent if the settlement imposes liability or obligations on MarketScale.

12) Severability

If any provision of these Terms is held to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the remaining provisions will remain in full force and effect.

13) Changes to These Terms

We may update these Terms from time to time. The “Last Updated” date at the top indicates when these Terms were last revised. Your continued use of the Website after changes become effective constitutes your acceptance of the revised Terms.

14) Assignment

MarketScale may assign, transfer, or subcontract its rights and obligations under these Terms without restriction. You may not assign, transfer, or subcontract any of your rights or obligations under these Terms without our prior written consent.

15) Entire Agreement

These Terms, together with the Privacy Policy and any legal notices or disclaimers posted on the Website, constitute the entire agreement between you and MarketScale regarding your use of the Website and supersede any prior or contemporaneous agreements on that subject.

16) Governing Law; Exclusive Venue (Texas)

These Terms and any dispute arising out of or relating to these Terms or the Website are governed by the laws of the State of Texas, without regard to conflict of laws principles.

Exclusive Venue. To the maximum extent permitted by applicable law, you agree that any legal action or proceeding arising out of or relating to these Terms or the Website shall be brought exclusively in the state or federal courts located in Texas, and you consent to the personal jurisdiction of such courts.

Non-waivable rights. Nothing in these Terms limits any rights or remedies that cannot be waived under applicable law.

17) Contact Information

Questions about these Terms may be directed to:

MarketScale
901 Main Street, Suite 5300 Dallas, TX 76262
support@marketscale.com