Terms of Service

These Terms of Service govern access to and use of Markshles EDU, including Cloud SaaS, trials, paid plans, Dedicated Deployment, related services, support, hosting, domain-management services, quotations, invoices, subscriptions, and optional custom work. A signed order form, quotation, statement of work, dedicated-deployment agreement, data-processing agreement, or other written contract may contain additional or different terms. If a signed agreement conflicts with these Terms, the signed agreement controls to the extent of that conflict.

1. Acceptance and authority

By creating an account, starting a trial, purchasing or renewing a plan, accepting a quotation, using a Dedicated Deployment, or otherwise using the service, the customer agrees to these Terms. The person accepting on behalf of an institution represents that they have authority to bind that institution.

2. Service models

Markshles EDU may be offered as Cloud SaaS or as a Dedicated Deployment. Cloud SaaS is a managed service accessed through infrastructure selected or operated for Markshles. Dedicated Deployment is a separately licensed implementation that may use customer-managed hosting, Markshles-managed hosting, a customer-owned domain, or domain registration/management arranged by Markshles. Dedicated Deployment does not, by itself, transfer ownership of the software or source code.

3. Plans, modules, limits and changes

Features are modular. A plan, license, quotation, or contract determines which modules, limits, users, students, storage, services, support, updates, integrations, or other entitlements are included. Screenshots, demonstrations, roadmaps, “coming soon” items, examples and marketing descriptions are illustrative and are not a commitment to deliver a feature on a particular date unless expressly stated in a signed agreement.

Markshles may improve, replace, reorganize, add, remove or modify features, interfaces, integrations and modules as the product evolves, provided that changes are handled consistently with applicable agreements and law. Additional modules, custom functionality, integrations, migrations, reports, templates, development, configuration or enhancements may be requested and may require a separate quotation and additional fees. See Custom Development & Additional Modules for the request process.

4. Trial, demonstration and customer evaluation

Trials and demonstrations are provided so the customer can evaluate the application before purchasing. The customer should use the available evaluation period to test the workflows, modules, permissions, reports, devices, browsers, imports, exports, integrations and other functions that are important to its operation.

Before purchasing or activating a paid plan, the customer is responsible for identifying its material requirements and confirming that the available product and selected plan are suitable for those requirements. Failure to test a requirement that was reasonably available for evaluation does not create a right to demand an unquoted customization, module or feature at no additional charge. This provision does not waive warranties or consumer rights that cannot legally be excluded.

5. Customer responsibilities

The customer is responsible for authorized-user administration, strong credentials, appropriate roles and permissions, accuracy and legality of data entered into the system, obtaining necessary notices and consents, maintaining appropriate internal procedures, reviewing reports before relying on them, and keeping independent copies of business-critical information where appropriate. Customers must not use the service unlawfully, attempt unauthorized access, introduce malicious code, interfere with security controls, reverse engineer except where law expressly permits it, or use the service to infringe third-party rights.

6. Availability and events outside reasonable control

Technology services depend on networks, internet providers, data centers, hosting providers, DNS, domain registrars, certificate authorities, email/SMS/WhatsApp providers, payment processors, third-party APIs, operating systems, browsers, devices, utilities and other systems that may be outside Markshles’ reasonable control.

Markshles does not guarantee uninterrupted or error-free operation. To the maximum extent permitted by law and subject to any written service-level commitment, Markshles is not responsible for delay, degradation, interruption or inability to perform caused by circumstances outside its reasonable control, including internet or telecommunications failures; power outages; upstream hosting or cloud outages; DNS or registrar failures; third-party API or payment-provider outages; natural disasters; fire; flood; severe weather; war; terrorism; civil disorder; governmental action; labor disputes; widespread cyberattacks; denial-of-service attacks; newly discovered zero-day vulnerabilities; malware or ransomware originating outside Markshles-controlled systems; or other force-majeure events.

Markshles may perform scheduled or emergency maintenance when reasonably necessary for security, stability, updates or recovery.

7. Cybersecurity

Markshles uses reasonable technical and organizational safeguards appropriate to the service, but no internet-connected system can be guaranteed immune from unauthorized access, hacking, malware, ransomware, phishing, credential theft, zero-day vulnerabilities or other cyber threats. Security is a shared responsibility. Customers must protect credentials, enable available security controls, promptly remove former users, restrict privileges and notify Markshles of suspected compromise.

Nothing in these Terms excludes responsibility that cannot legally be excluded. Any specific security commitments, incident-notification duties or data-processing obligations stated in a signed agreement remain applicable.

8. Backups, recovery and data

Backup scope depends on the service model and purchased services. A backup is a recovery measure, not a guarantee that every transaction can always be restored. Customers using customer-managed hosting are responsible for server administration, backups, disaster recovery, security patches and infrastructure unless a written agreement assigns those duties to Markshles. Customers should maintain independent exports or records for information whose loss would materially affect operations.

9. Third-party services and integrations

Third-party products and services are governed by their own terms, availability and privacy practices. Markshles is not responsible for a third party’s independent outage, pricing change, API change, suspension, data practice or discontinuation, although Markshles may make commercially reasonable efforts to maintain supported integrations.

10. Payments, renewals and taxes

Fees, billing cycle, renewal terms, taxes, credits and payment methods are determined by the selected plan, quotation, invoice or contract. Cloud SaaS subscriptions and Dedicated licenses may renew under different terms. Dedicated fees may separately include software license, deployment, domain registration/renewal, hosting, maintenance, support and update entitlement. Failure to pay may result in suspension, expiration or termination after any applicable notice or grace period.

11. Quotations and invoices

A quotation is an offer subject to its validity period and stated assumptions. Acceptance may create a corresponding invoice and, where applicable, a project, license or recurring service obligation. Changes requested after acceptance may require a revised quotation or change order.

12. Intellectual property

Markshles and its licensors retain ownership of the Markshles EDU software, branding, documentation and related intellectual property except for rights expressly granted in writing. Dedicated Deployment, installation fees, hosting fees, maintenance fees or access to a server do not constitute a sale or transfer of source-code ownership. Source-code rights, if any, require an express written agreement.

13. Custom development

Requested modules, modifications, integrations or improvements are not included merely because they are technically possible or requested during support. Markshles may evaluate the request, define scope, dependencies, delivery assumptions, acceptance criteria, maintenance implications and price, and issue a quotation. Work begins only after the applicable commercial approval. Visit /page?slug=custom-development for details or /contact to request a quotation.

14. Disclaimer and limitation of liability

Except for express commitments in a signed agreement and rights that cannot be excluded by law, the service is provided on an “as available” basis. Markshles does not warrant that every customer-specific workflow, third-party integration or future requirement will be satisfied without configuration or additional work.

To the maximum extent permitted by applicable law, Markshles will not be liable for indirect, incidental, special, exemplary, punitive or consequential damages, or for loss of profits, revenue, goodwill or business opportunity, arising from the service. Any aggregate liability cap, exclusions or remedies in a signed agreement control. Where no signed agreement establishes a different cap, Markshles’ aggregate liability arising from the applicable paid service will not exceed the fees paid to Markshles for that service during the twelve months preceding the event giving rise to the claim. This limitation does not apply where prohibited by law or to liability that legally cannot be limited.

15. Suspension and termination

Markshles may suspend access for nonpayment, material security risk, unlawful use, abuse, or material breach, using reasonable notice where circumstances permit. Upon termination, access and data handling follow the applicable plan, agreement and law.

16. Changes to these Terms

These Terms may be updated as the platform, service models or law evolve. The current version and effective/update date should be displayed on this page. Material changes will be handled as required by applicable law and contractual commitments.

17. Contact

Questions about these Terms, custom modules, Dedicated Deployment or commercial requirements can be submitted through the Contact page.