Terms of Service

"MKIII," "we," "us," or "our" means Mark III, Inc.

"You" or "your" means individuals who utilize MKIII services ("Users"). Users are referred to herein also as "Member".

MKIII provides its financial services to you through its website located at www.MKIII.ai (the "Site") and through its mobile application and related services (collectively, such services, including any new features and applications, and the Site, the "Service"), subject to the following terms of service (as amended from time to time, these "Terms of Service").

YOU ACKNOWLEDGE THAT THESE AGREEMENTS MAY BE AMENDED FROM TIME TO TIME AND THAT THE AMENDED AGREEMENTS WILL BE DELIVERED ELECTRONICALLY BY POSTING ON THE MKIII WEBSITE AND THE APPLICATION. YOU AGREE TO CHECK THE MKIII WEBSITE AND/OR THE APPLICATION FOR NEW VERSIONS OF THESE AGREEMENTS. YOU AGREE THAT, BY KEEPING, YOUR MKIII ACCOUNT OR USING ANY OF THE SERVICES PROVIDED IN THE PROGRAM WITHOUT OBJECTING AFTER MKIII POSTS A NEW VERSION OF ANY OF THE APPLICABLE AGREEMENTS LISTED ABOVE ON THE MKIII WEBSITE, YOU WILL AGREE TO AND ACCEPT ALL TERMS AND CONDITIONS OF ANY AMENDED AGREEMENT, INCLUDING ANY NEW OR CHANGED TERMS OR CONDITIONS.

You may receive a 1099 from our partners for your benefits. MKIII does not give tax or legal advice. Please consult your tax advisor with any questions.

In addition, when using the Service, you will be subject to additional terms applicable to, and in connection with, your use of the Service, including, without limitation, the privacy policy of MKIII (the "Privacy Policy"). For details please refer to our Privacy Policy at MKIII.ai/privacy. All such terms are hereby incorporated by reference into these Terms of Service. If there is any conflict between such additional terms and these Terms of Service, the additional terms will supplement or amend these Terms of Service, but only with respect to the matters governed by the additional terms.

Please note that certain third parties provide their own, related services in connection with our Service. The Service may contain, and third parties may provide, links or other access to third-party sites and services. MKIII has no control over, and is not responsible for, any such third-party sites and services. Any links to third-party sites and services do not indicate MKIII's endorsement of, or affiliation with, such sites and services. You further acknowledge and agree that MKIII will not be responsible or liable, either directly or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with, your use of, or your reliance on, any third-party sites and services. Any such dealings are between you and the third party, and you agree that MKIII is not liable for any loss or claim that you may have against any such third party. Your use of any such third-party services is separately governed by the terms of service of such third party. For the purposes of clarity, if you were referred to our Service by a third party ("Referral Partner"), we similarly take no responsibility for liability for any services provided by any Referral Partner.

Partners

MKIII uses a third-party service provider, "Plaid", for bank linking that is used for insurance payouts. Our insurance partner will have access to this information in order to make the insurance payouts. You authorize MKIII to use Plaid for these purposes per this agreement. You also agree to Plaid's terms and privacy policy.

Electronic Signatures

Under the Electronic Signatures in Global and National Commerce Act (E-Sign), this Agreement and all electronically executed documents related hereto are legally binding in the same manner as are hard copy documents executed by hand signature when :

  1. Your electronic signature is associated with the Agreement and related documents
  2. You consent to being bound by this Agreement
  3. You selecting "agree", "I consent" or checking the agreement box counts as your electronic signature

Membership Registration: You may register with us to use the Service. You will be required to register with MKIII and form a Membership in order to access and use the Service. If you choose to use the Service, you agree to provide and maintain true, accurate, current, and complete information about yourself and your accounts maintained at other financial institutions as prompted by the Service's registration form. You agree to not misrepresent your identity or account information. Registration data and certain other information about you are governed by our Privacy Policy.

Third-Party Services: MKIII may provide certain relevant elements of your data to third parties in order to conduct our normal business processes ("Third-Party Services"). You authorize MKIII and any of its suppliers (each a "Supplier") to access the sites of Third-Party Services, on your behalf, to retrieve and provide information requested by you. By submitting Content (defined below), you agree that the owner of such Content has expressly agreed that, without any particular time limit, and without the payment of any fees, MKIII and Supplier may use the Content for our normal business purposes. As between MKIII and any Supplier, MKIII owns your confidential account information.

Modifications to Service: MKIII reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that MKIII will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

General Practices Regarding Use and Storage: You acknowledge that MKIII may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on MKIII's servers on your behalf. You agree that MKIII has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that MKIII reserves the right to terminate memberships that are inactive for an extended period of time (as determined by MKIII in its sole discretion) or for any other reason. You further acknowledge that MKIII reserves the right to change these general practices at any time, in our sole discretion, with or without notice.

Mobile Services: The Service may include certain services that are available via a mobile device, including (i) the ability to upload content to the Service via a mobile device, (ii) the ability to browse the Service and the Site from a mobile device, and (iii) the ability to access User profiles and certain other features through an application downloaded and installed on a mobile device (collectively, the "Mobile Services"). To the extent you access the Service through a mobile device, your wireless service carrier's standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices.

Text Messaging, Telephone Calls, and Emails: You agree and consent that we may contact you by telephone or SMS messages (including text messages) at any of the phone numbers provided by you, or on your behalf, in connection with your registration for the Service. You understand and agree that such communications may include marketing content and that such communications may result in charges to you. The manner in which these calls or SMS messages are made may include, but are not limited to, the use of prerecorded or artificial voice messages, or automatic telephone dialing systems. You further agree that we may send e-mails to you at any e-mail address provided to us or use other electronic means of communication to the extent permitted by law. You understand that you are not required to provide this consent as a condition of purchasing any property, goods, or services, or as a condition to your use of the Service. Your consent may be revoked at any time and by any reasonable means, including by SMS message, or by contacting our help center via at support@mkiii.ai.

Conditions of Use

User Conduct and Your Use of the Service: You are solely responsible for all video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials (hereinafter, "Provided Content") that you upload, post, publish or display (hereinafter, "Upload") or email or otherwise use via the Service. MKIII reserves the right to investigate and take appropriate legal action against anyone who, in MKIII's sole discretion, violates this provision, including without limitation, removing the offending Content from the Service, suspending or terminating the membership of such violators and reporting such violators to the law enforcement authorities. The following are examples of the kind of Content and/or use that is illegal and/or prohibited by MKIII. You agree to not use the Service to:

  1. Email or otherwise Upload any Content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, "junk mail," "spam," "chain letters," "pyramid schemes," "contests," "sweepstakes," or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful racially, ethnically or otherwise objectionable; or (vii) in the sole judgment of MKIII, is otherwise objectionable or which might restrict or inhibit any other person from using or enjoying the Service, or which may expose MKIII or you to any harm or liability of any type;

  2. Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;

  3. Violate any applicable local, state, national or international law, or any regulations having the force of law;

  4. Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; or

  5. Obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided through the Service.

You agree that you will not use the Service, or allow the Service to be used, for any purpose other than intended by MKIII. If at any time we discover or reasonably believe that you are using the Service to send payments to anyone that is on the Specially Designated Nationals and Blocked Persons List (the "List") or that you are on such List, which is published from time to time by the Office of Foreign Assets Control ("OFAC"), you agree to cooperate fully with any subsequent investigation or request for information that may be required in connection with complying with OFAC requirements and all other applicable laws and regulations. You agree to defend, indemnify and hold us and our directors, officers, affiliates, agents, representatives, and employees harmless from all claims, losses, penalties and other liabilities relating to or arising out of any acts or omissions by you that give rise to an OFAC violation.

MKIII is committed to complying with all applicable OFAC requirements and fulfilling all applicable OFAC responsibilities concerning the administration and enforcement of economic and trade sanctions against targeted foreign states, organizations, and individuals. MKIII may take all necessary measures to ensure compliance with the OFAC.

Commercial Use Not Permitted: Unless otherwise expressly authorized herein or otherwise by MKIII, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or Upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. The Service is for your personal use.

Receipt of Communications and Notices. You agree that we may provide communications and notices to you by electronic means, for example, by posting it on our website, sending you an in-app message, sending you a text message, or via email. We may also contact you by mail at any postal address that you have provided us. All Notices (as defined below) by any of these methods will be deemed received by you no later than the earlier of when received, or 24 hours after sent or posted, except for notice by postal mail, which will be deemed received by you no later than the earlier of when received, or five (5) Business Days after it is mailed.

Intellectual Property Rights

Service Content, Software and Trademarks: You acknowledge and agree that the Service may contain content or features that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws (the "Service Content"). Except as expressly authorized by MKIII, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own Provided Content (as defined below) that you legally upload to the Service. You may not remove or alter any proprietary notices or marks on the Service or any portion thereof. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping, or similar data gathering or extraction methods. Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith are the property of MKIII, our affiliates, and our partners (the "Software"). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by MKIII.

The MKIII, and other names and logos, are trademarks and service marks of MKIII's affiliated company. (collectively the "MKIII Trademarks"). Other MKIII product and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to MKIII. Nothing in these Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of MKIII Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of MKIII Trademarks will inure to our exclusive benefit.

Third-Party Material: Under no circumstances will MKIII be liable in any way for any content or materials of any users or third parties, including, but not limited to, any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that MKIII does not pre-screen content provided by you or third parties, but that MKIII and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, MKIII and its designees will have the right to remove any content that violates these Terms of Service or is deemed by MKIII, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.

Provided Content Transmitted Through the Service: With respect to the Content you upload through the Service or share with others (collectively, "Provided Content"), you represent and warrant that you own all right, title and interest in and to such Provided Content, including, without limitation, all copyrights and rights of publicity contained therein, or that you otherwise have the right to grant the license set forth in this paragraph. You also acknowledge and agree that any Provided Content you Upload on the Service, including, without limitation, any personal information, can be made available to our partners for the purposes of performing daily business activities. Such Provided Content is provided by you on a non-confidential basis. You are solely responsible for Provided Content and you retain all rights in Provided Content not expressly granted in these Terms of Service. By uploading any Provided Content you hereby grant and will grant MKIII and its affiliates to use your Provided Content in connection with the operation of the Service or the promotion, advertising or marketing thereof in any form, medium or technology now known or later developed.

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service ("Submissions"), provided by you to MKIII are non-confidential and MKIII will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

You acknowledge and agree that MKIII may preserve Provided Content and may also disclose Content, including but not limited to Provided Content, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of MKIII, its users and the public. You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

Electronic Notices

By using the Service, you agree that we may communicate with you electronically via email or otherwise, regarding issues relating to your use of the Service. If we learn of a security system's breach, we may attempt to notify you electronically by posting a notice on the Service or sending an email to you. You may have a legal right to receive this notice in writing.

Indemnity and Release

You agree to release, indemnify and hold MKIII and all its constituents (the "Indemnitees") harmless from any and all losses, damages, expenses, including reasonable attorneys' fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any Provided Content, your connection to the Service, your violation of these Terms of Service or your violation of any rights of another; provided, that, the foregoing indemnity shall not apply to the extent any claims arise out of the applicable Indemnitee's acts or omissions. If you are a resident of New Jersey, this section is intended to be only as broad and inclusive as is permitted under New Jersey law. If any portion of this section is held to be invalid under New Jersey law, the invalidity of such portion shall not affect the validity of the remaining portions of this paragraph. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.

Disclaimer of Warranties

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MKIII EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

MKIII MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS. IN PARTICULAR, IF YOU ARE A RESIDENT OF NEW JERSEY, THIS SECTION IS INTENDED TO BE ONLY AS BROAD AND INCLUSIVE AS IS PERMITTED UNDER NEW JERSEY LAW. IF ANY PORTION OF THIS SECTION IS HELD TO BE INVALID UNDER NEW JERSEY LAW, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THIS SECTION .

MKIII DOES NOT EMPLOY, RECOMMEND OR ENDORSE ANY CLIENT, REFERRAL PARTNER OR EMPLOYER, NOR IS IT RESPONSIBLE FOR THE CONDUCT OF ANY CLIENT, REFERRAL PARTNER OR EMPLOYER .

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT NONE OF THE MKIII PARTIES SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ANY OF THE MKIII PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL MKIII'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. FOR EXAMPLE, IF YOU ARE A RESIDENT OF NEW JERSEY, THIS SECTION IS INTENDED TO BE ONLY AS BROAD AND INCLUSIVE AS IS PERMITTED UNDER NEW JERSEY LAW. IF ANY PORTION OF THIS SECTION IS DETERMINED TO BE INVALID UNDER APPLICABLE LAW, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THIS SECTION. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.

Termination

You agree that MKIII, in its sole discretion, may suspend or terminate your membership (or any part thereof) or use of the Service for lack of use or if MKIII believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service, or for any other reason. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. MKIII may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of these Terms of Service may be affected without prior notice, and acknowledge and agree that MKIII may immediately deactivate or delete your membership and all related information and files in your membership and/or bar any further access to such files or the Service. Further, you agree that MKIII will not be liable to you or any third party for any termination of your access to the Service.

You may terminate your membership at any time and for any reason by notifying us via email. Termination of your membership will be effective within a commercially reasonable time after we receive notification from you.

You understand that your Provided Content may remain on the Service at MKIII's discretion following the termination of your membership unless you expressly request the removal of such Provided Content by contacting us. You understand that such content may remain on publicly viewable areas of the Service if other Members have posted or reposted it, and that your Provided Content may remain on our servers or in our records after it is no longer viewable by Members.

User Disputes

You agree that you are solely responsible for your interactions with any Member in connection with the Service and MKIII will have no liability or responsibility with respect thereto. MKIII reserves the right, but has no obligation, to become involved in any way with disputes between or among Members.

U.S. Government Restricted Rights

The Service and Software are provided with "RESTRICTED RIGHTS." Use, duplication, or disclosure by the Government is subject to the restrictions contained in 48 CFR 52.227-19 and 48 CFR 252.227-7013 et seq. or its successor. Use of the Service or Software by the Government constitutes acknowledgement of our proprietary rights in the Service and Software.

General

These Terms of Service constitute the entire agreement between you and MKIII and govern your use of the Service, superseding any prior agreements between you and MKIII with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate or third-party services, third-party content, or third-party software. These Terms of Service will be governed by the laws of the state of New York without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and MKIII agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within New York, New York. The failure of MKIII to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of these Terms of Service and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign these Terms of Service without the prior written consent of MKIII, but MKIII may assign or transfer these Terms of Service, in whole or in part, without restriction. The paragraph titles in these Terms of Service are for convenience only and have no legal or contractual effect.