Terms of use

Effective date: 10 Oct’ 2026
Last updated: 10 Oct’ 2026
Website: https://markiqs.com
Registered office:

MarkIQs Systems Private Limited
BONANZA, PO-42, BLOCK –B-14, #630, Innovations Park,
Arekere, Bannerghatta Road, Bangalore-560076.

Legal Contact: [email protected]

Acceptance of Terms

Welcome to MarkIQs Systems Private Limited (“MarkIQs”, “we”, “us” or “our”).

These Terms of Use (“Terms”) govern your access to and use of the MarkIQs website, software platform, applications, survey tools, conjoint analysis tools, pricing research tools, analytical models, reports, simulations, consulting services and other related products and services (collectively, the “Services”).

By accessing our website, creating an account, accepting a subscription or order form, or using the Services, you agree to these Terms.

If you use the Services on behalf of a company, institution or other organisation, you represent that you are authorised to accept these Terms on its behalf. In that case, “you” and “Customer” refer to that organisation as well as its authorised users, as applicable.

If you do not agree to these Terms, you must not access or use the Services.

Where MarkIQs and a Customer have entered into a separately signed subscription agreement, master services agreement, order form or other written contract, that agreement will prevail over these Terms to the extent of any inconsistency relating to the contracted Services.

Additional terms may apply to particular products, research projects, recruitment services, trials or professional services. Where applicable, those terms will be provided before the relevant service is used.

About the Services

MarkIQs provides a specialised marketing intelligence and customer-preference analytics platform designed to help businesses, researchers, consultants and institutions understand market preferences and evaluate product and service decisions.

Depending on the subscription or engagement, the Services may include:

Survey creation, distribution and response management.

Choice-based and other conjoint analysis methods.

Product and service feature trade-off analysis.

Price sensitivity and willingness-to-pay research.

Multinomial logit (MNL) and other statistical modelling.

Preference estimation, segmentation and utility analysis.

Product configuration and pricing-tier simulations.

Simulated market-share and choice-probability estimates.

Respondent recruitment, panel access or research fieldwork.

Research dashboards, reports, exports and AI-assisted analytical features.

Consulting, implementation, training and related professional services.

The availability of a feature depends on the applicable subscription, order form, technical configuration and any additional terms.

The Services are intended to support research, analysis and business decision-making. They do not replace professional judgement, independent validation, market testing or legal, financial, regulatory or other specialist advice.

Eligibility and Account Registration

You may use the Services only if you are legally capable of entering into a binding agreement and comply with applicable law.

When creating an account, you agree to:

Provide accurate, complete and current registration information.

Keep your account and organisation information up to date.

Maintain the confidentiality of your login credentials.

Use individual accounts or authorised user identities as required by your subscription.

Promptly notify MarkIQs of suspected unauthorised access or security incidents affecting your account.

Ensure that users accessing the Services through your organisation are authorised and comply with these Terms.

You are responsible for activities conducted through your account to the extent permitted by applicable law and subject to any security obligations or failures attributable to MarkIQs.

You must not impersonate another person, misrepresent your affiliation or create an account using false information.

We may require additional verification before providing access to certain features, research panels or paid Services.

Licence to Use the Platform

Subject to these Terms, the applicable subscription or order form, and payment of required fees, MarkIQs grants you a limited, non-exclusive, non-transferable and revocable right to access and use the Services during the applicable subscription term.

The licence is for your authorised internal business, research or academic purposes, unless a separate written agreement permits other use.

You may not, unless expressly permitted in writing by MarkIQs:

Resell, sublicense, rent, lease or commercially distribute access to the Services.

Provide platform access to unauthorised third parties.

Copy, modify or create derivative works of the software, platform or proprietary materials.

Reverse engineer, decompile or attempt to derive source code, except where such restriction is prohibited by applicable law.

Remove or alter proprietary notices, branding or intellectual property notices.

Circumvent usage limits, access controls, subscription restrictions or security measures.

Use the Services to develop or offer a competing product through unauthorised copying, extraction or exploitation of MarkIQs's protected materials.

Any rights not expressly granted to you remain with MarkIQs or its relevant licensors.

Subscriptions, Fees and Payments

Certain Services may be offered through free trials, limited free plans, paid subscriptions, usage-based pricing, project fees or customised enterprise agreements.

5.1 Fees and payment obligations

The applicable pricing page, quotation, order form or written agreement will specify the relevant fees, billing cycle, permitted usage, subscription period and payment terms.

You agree to pay all applicable fees in accordance with the agreed payment schedule.

Unless otherwise specified in writing:

Fees are quoted exclusive of applicable taxes.

You are responsible for applicable GST and other taxes that are legally chargeable to you, excluding taxes on MarkIQs's income.

Additional usage, respondent recruitment, incentives, data processing or professional services may attract additional fees where disclosed and agreed.

Payment processing may be handled by an authorised third-party payment provider.

5.2 Renewals and cancellation

The renewal period, cancellation notice, refund conditions and any minimum commitment will be stated in the applicable order form or subscription terms.

If a subscription renews automatically, we will disclose that arrangement and the applicable cancellation process before the Customer commits to it, subject to applicable law.

5.3 Trials and promotional access

Trial, demonstration or promotional access may be subject to usage limits, feature restrictions, expiry dates or additional terms.

We may suspend or discontinue trial access in accordance with the applicable trial terms and law. You should not use trial access for production-critical work unless that use is expressly authorised.

5.4 Non-payment

Where payment is overdue, MarkIQs may issue a reminder, restrict paid features or suspend the affected Services after appropriate notice, subject to the contract and applicable law. We will consider reasonable steps to prevent unnecessary loss of Customer data during a payment dispute or suspension.

Customer Content and Research Data

“Customer Content” means information, files, survey questions, product attributes, research briefs, datasets, respondent responses, experimental designs, model inputs and other materials submitted to or generated through the Services for a Customer.

6.1 Ownership and control

As between MarkIQs and the Customer, the Customer retains its rights in Customer Content that it owns or is authorised to use.

MarkIQs does not acquire ownership of Customer Content merely because it is uploaded to, stored in or processed through the platform.

The Customer grants MarkIQs a limited right to host, reproduce, transmit, process and otherwise use Customer Content only as reasonably necessary to provide, maintain, secure and support the contracted Services, comply with applicable law, or perform other activities expressly authorised in writing.

6.2 Customer responsibilities

You represent and warrant that:

You own or have sufficient rights, permissions and legal authority to submit Customer Content.

Your use of the Services and collection of research data comply with applicable laws.

You have provided required notices and obtained necessary consents, permissions or other lawful authority.

Customer Content does not unlawfully infringe third-party intellectual property, confidentiality, privacy or other rights.

You will not submit prohibited or unnecessary sensitive personal information.

You will use reasonable measures to minimise direct identifiers in research datasets where feasible and appropriate.

6.3 Research results

Subject to third-party rights, applicable law and the relevant agreement, the Customer may use the reports, analyses and research outputs delivered under its subscription or project for its authorised business purposes.

The Customer is responsible for ensuring that any subsequent disclosure or publication of research outputs is lawful and does not improperly identify respondents or disclose confidential information.

6.4 No cross-customer research use by default

MarkIQs will not use one Customer's identifiable or confidential research data to perform another Customer's research, create another Customer's reports or build a cross-customer research dataset unless the relevant Customer has expressly authorised that use and it is lawful.

MarkIQs does not sell Customer research data as a standalone data asset.

Artificial Intelligence and Automated Analysis

The Services may incorporate AI-assisted tools, machine-learning techniques, statistical models or automated methods for analysing research responses, summarising text, identifying patterns, improving survey workflows or generating analytical outputs.

7.1 No training on Customer data

MarkIQs does not use Customer data to train general-purpose or third-party AI models.

Customer data includes confidential research briefs, respondent-level research data, uploaded project files, survey responses, Customer-specific model inputs and Customer-specific outputs.

Where an external AI provider processes Customer data to provide a requested feature, MarkIQs will use appropriate contractual and technical safeguards designed to prevent the provider from using that data to train or improve its general-purpose models.

This commitment does not prohibit processing strictly necessary to deliver the requested feature, operate the platform, maintain security, troubleshoot errors or comply with law, provided that the processing is otherwise permitted by the applicable agreement and law.

7.2 AI outputs and human review

AI-generated content and statistical outputs may be incomplete, inaccurate, biased or unsuitable for a particular purpose.

You must independently review and validate material outputs before relying on them for significant business, financial, regulatory or product decisions.

You remain responsible for decisions made using research results and for ensuring that any AI-enabled use complies with applicable laws and your own contractual obligations.

7.3 Future changes

MarkIQs will not treat general acceptance of these Terms as permission to train general-purpose AI models on Customer data. Any proposed change to this commitment will require appropriate contractual and legal review and any necessary Customer authorisation before implementation.

Survey Respondents and Recruitment Services

MarkIQs supports customer-managed surveys as well as services in which MarkIQs or its authorised partners recruit or arrange respondents.

8.1 Customer-managed respondents

Where you provide a respondent list, invite participants or recruit respondents yourself, you are responsible for determining and meeting your legal obligations concerning those respondents, including notices, permissions, lawful basis, survey eligibility, marketing communications and rights requests, where applicable.

You must ensure that the respondent information you submit may lawfully be shared with and processed by MarkIQs.

8.2 MarkIQs-recruited respondents

Where MarkIQs or its authorised partners recruit respondents, operate recruitment processes or arrange panel access, the relevant recruitment terms, fees, eligibility criteria, incentive arrangements and privacy notices will apply.

The legal responsibilities of MarkIQs, the Customer and the recruitment partner will depend on the actual processing activity and applicable law. The parties will document their respective roles where required.

8.3 Respondent conduct and incentives

You must not harass, mislead, coerce or improperly influence respondents. You must not use respondent contact details for unrelated marketing or other purposes without the required authority.

Respondent incentives, eligibility, completion rules and payment arrangements will be specified in the applicable study terms or recruitment conditions. Incentives may be withheld where permitted by the applicable terms if a response is fraudulent, duplicated or materially fails disclosed eligibility or participation requirements.

8.4 Research ethics

You must not conduct research that is unlawful, deceptive in a materially harmful manner, discriminatory, exploitative or inconsistent with required research permissions.

Studies involving children, vulnerable populations, sensitive personal information or regulated sectors may require additional review, safeguards or written approval before launch.

Acceptable Use and Prohibited Activities

You agree to use the Services lawfully, responsibly and in accordance with these Terms.

You must not:

Use the Services for fraud, unlawful surveillance, harassment, discrimination or other unlawful activity.

Send spam, unlawful bulk communications or unsolicited survey invitations in breach of applicable law.

Collect personal information without appropriate authority or required notices.

Upload malware, harmful code or materials intended to compromise platform security.

Interfere with, disrupt, overload or damage the platform or its infrastructure.

Attempt unauthorised access to another Customer's account, project, data or systems.

Bypass technical restrictions, usage limits, authentication or security controls.

Scrape, crawl, mine or automatically extract platform content or data without prior written permission, except where permitted by law.

Conduct penetration testing, vulnerability scanning or security testing without written authorisation.

Reverse engineer, copy or exploit protected software, models, algorithms or proprietary materials in violation of applicable law or licence restrictions.

Upload content that infringes intellectual property, confidentiality, privacy or other legal rights.

Misrepresent research results, manipulate respondent data or knowingly use fraudulent responses.

Use the platform to develop a competing service through unauthorised access, copying or extraction of protected content or software.

Use platform outputs to make unlawful decisions about individuals or to engage in unlawful profiling.

Circumvent subscription, payment, respondent or usage restrictions.

MarkIQs may investigate suspected violations and take proportionate action, including requesting corrective measures, restricting affected features or suspending access, subject to applicable law and contractual obligations.

Intellectual Property Rights

The platform and its underlying software, source code, algorithms, interfaces, workflows, documentation, trademarks, logos, designs and other proprietary materials are owned by MarkIQs or its licensors and are protected by applicable intellectual property laws.

Except for the limited rights expressly granted under these Terms, no ownership or other intellectual property rights are transferred to you.

You must not use MarkIQs's name, logos or trademarks in a way that implies endorsement, affiliation or authorisation without prior written consent.

Customer feedback

If you voluntarily provide suggestions, ideas or feedback about the Services, you grant MarkIQs permission to use that feedback to improve its products and services, without payment or obligation to you, provided that this permission does not grant MarkIQs ownership of your confidential research data or override any separate confidentiality agreement.

Third-party materials

Some features may use third-party software, libraries, services or content. Such materials may be subject to separate licence terms, which you must comply with where applicable.

Confidentiality

Each party may receive confidential information belonging to the other party in connection with the Services.

The receiving party will use reasonable care to protect the disclosing party's confidential information and will use it only for the purpose for which it was disclosed or as otherwise authorised in writing.

Confidential information may include non-public business plans, product roadmaps, research briefs, pricing strategies, respondent-level data, source materials, technical information and non-public analytical results.

Confidentiality obligations do not apply to information that the receiving party can demonstrate:

Is publicly available through no breach of an obligation.

Was lawfully known to the receiving party without a confidentiality restriction.

Was lawfully received from a third party without a duty of confidentiality.

Was independently developed without using the disclosing party's confidential information.

Must be disclosed under applicable law or a valid legal order, subject to any legally permitted notice and protective measures.

Where a separate agreement provides stronger confidentiality protection, that agreement will prevail to the extent of any inconsistency.

Privacy and Data Protection

Your use of the Services is also governed by the MarkIQs Privacy Policy and any applicable data processing agreement, survey privacy notice or other data-protection terms.

You must comply with applicable privacy, data-protection, electronic communications and research-related laws when using the Services.

Where MarkIQs processes personal data on your behalf, the parties will follow the applicable data processing terms. Where MarkIQs determines the purposes and means of its own processing activities, it will fulfil its own obligations under applicable law.

You must not use the Services in a way that unlawfully collects, discloses, sells or otherwise misuses personal information.

The Privacy Policy describes our practices concerning personal information, including our commitment not to use Customer data to train general-purpose AI models.

Third-Party Services and Integrations

The Services may integrate with or link to third-party tools, payment providers, cloud services, respondent panels, recruitment partners or other external services.

Third-party services may be governed by their own terms and privacy policies. Unless expressly agreed otherwise, MarkIQs is not responsible for independent third-party services that it does not control.

You are responsible for reviewing third-party terms and ensuring that your use of an integration is authorised and lawful.

MarkIQs may replace or modify a service provider where reasonably necessary for security, operational, legal or commercial reasons, subject to applicable contractual commitments.

Service Availability, Changes and Support

MarkIQs will use reasonable efforts to maintain and improve the Services. However, uninterrupted or error-free availability cannot be guaranteed.

The Services may occasionally be unavailable due to maintenance, upgrades, technical issues, security incidents, network failures, third-party outages or events beyond our reasonable control.

We may modify, improve or discontinue features, provided that material changes to contracted Services are handled in accordance with the applicable subscription agreement and law.

Support levels, response times, service-level commitments, uptime commitments and service credits, if any, will be specified in the relevant subscription or service agreement. No particular support level or uptime guarantee applies unless expressly agreed in writing.

Research Accuracy and Business Decisions

Conjoint analysis, MNL models, price-sensitivity analysis and market simulations are statistical and research tools. Their outputs depend on the quality, representativeness and completeness of the data, the study design, the assumptions used and the suitability of the chosen model.

MarkIQs does not guarantee that:

Survey responses accurately represent an entire market or population.

Respondents will behave in the same way in real-world purchasing situations as they do in a survey.

A product, service, feature combination or price point will achieve a particular level of demand or profitability.

Simulated market-share estimates will match actual market outcomes.

Analytical results will be error-free or appropriate for every business decision.

Customers are responsible for evaluating assumptions, reviewing data quality, considering uncertainty and validating findings before implementing pricing, product, investment, marketing or other commercial decisions.

Disclaimers and Warranties

To the maximum extent permitted by applicable law, the Services are provided according to the features, specifications and service commitments expressly stated in the applicable agreement.

Except for express warranties or commitments in a signed agreement, MarkIQs does not guarantee that the Services will be uninterrupted, error-free, universally compatible or suitable for every purpose.

Nothing in these Terms excludes a warranty, representation, remedy or legal obligation that cannot lawfully be excluded or restricted under applicable law.

Nothing in this section removes any express contractual service-level commitment or any mandatory statutory right.

Suspension and Termination

You may stop using the Services and terminate your subscription in accordance with the applicable order form or subscription terms.

MarkIQs may suspend or restrict access where reasonably necessary to:

Address a material breach of these Terms.

Prevent fraud, unlawful activity or material harm.

Protect the security, integrity or availability of the platform.

Respond to a legal requirement or valid order.

Address overdue payment under the applicable agreement.

Prevent unauthorised access or misuse of respondent or Customer data.

Where reasonably practicable, MarkIQs will provide notice and an opportunity to remedy the issue before suspension or termination, except where immediate action is necessary for security, legal compliance or prevention of material harm.

Termination rights, notice periods, refunds and any early termination fees will be governed by the applicable subscription agreement.

Upon expiry or termination, your right to access the Services will end, subject to any agreed transition or export period. Customer data will be handled according to the applicable agreement, the Privacy Policy and applicable law.

You should export any data that you are entitled to retain before your access ends. MarkIQs will not be required to retain data indefinitely, but any deletion or return obligations in an applicable agreement will continue to apply.

Provisions that by their nature should survive termination—including payment obligations accrued before termination, intellectual property, confidentiality, permitted liability limitations and dispute provisions—will survive to the extent legally enforceable.

Indemnification

To the extent permitted by applicable law, you agree to indemnify and hold harmless MarkIQs and its officers, employees and authorised representatives against third-party claims, losses, liabilities and reasonable costs arising from:

Your unlawful use of the Services.

Your breach of these Terms or an applicable agreement.

Customer Content that infringes third-party rights or is unlawfully supplied.

Your failure to obtain required permissions, notices or legal authority for respondent data.

Your misuse of research outputs or violation of applicable law.

This provision does not apply to the extent a claim results from MarkIQs's own breach of contract, unlawful conduct, negligence or other liability that cannot legally be transferred to you.

The parties may agree to more detailed indemnification procedures, including prompt notice, control of defence and cooperation, in a separate agreement.

Limitation of Liability

To the maximum extent permitted by applicable law, neither party will be liable to the other for indirect, incidental, special or consequential losses, including loss of profits, revenue, business opportunity or anticipated savings, arising from the Services, except to the extent such exclusion is prohibited by law or the loss arises from a category of liability that cannot lawfully be excluded.

Subject to the exceptions and any agreed cap in the applicable signed agreement, each party's aggregate liability arising out of or in connection with the Services will not exceed the fees paid or payable by the Customer to MarkIQs for the affected Services during the twelve (12) months preceding the event giving rise to the claim.

The cap and exclusions above do not apply to liability to the extent it cannot be limited under applicable law. Any exclusions from the cap, including for fraud, wilful misconduct, confidentiality breaches, intellectual property infringement, data-protection breaches or indemnification obligations, must be expressly settled in the applicable agreement and reviewed for enforceability.

MarkIQs does not exclude liability for its own obligations where such exclusion would be unlawful.

Force Majeure

Neither party will be liable for a failure or delay caused by circumstances beyond its reasonable control, such as natural disasters, war, civil unrest, government action, widespread telecommunications or power failures, or major third-party infrastructure outages.

The affected party will take reasonable steps to mitigate the impact and resume performance. This section does not excuse payment obligations for Services already delivered or obligations that cannot legally be suspended.

Governing Law and Dispute Resolution

These Terms are governed by the laws of India, without regard to conflict-of-law principles, subject to any mandatory legal protections that apply.

The parties will first attempt to resolve disputes through good-faith discussions between authorised representatives.

If a dispute cannot be resolved amicably, it will be submitted to the competent courts at [Insert agreed city and state in India], subject to applicable law and any valid dispute-resolution clause in a signed agreement.

If the parties choose arbitration for commercial agreements, the arbitration clause should be set out expressly in the relevant signed agreement, including the seat, language, appointment process and applicable arbitration rules. No arbitration agreement is created merely by this paragraph.

Nothing in this section limits any mandatory statutory rights or jurisdiction that cannot lawfully be excluded.

Changes to These Terms

We may update these Terms from time to time to reflect changes in the Services, business operations, technology, security requirements or applicable law.

The revised Terms will be published with an updated “Last Updated” date. Where required by law or contract, we will provide advance notice or obtain affirmative acceptance for material changes.

Changes will not retrospectively remove rights that have already accrued or override an existing signed agreement unless the parties validly agree otherwise.

If you do not agree to a material change, you may stop using the affected Services or exercise any termination rights available under your subscription agreement and applicable law.

General Provisions

Entire agreement: These Terms, together with the applicable order form, subscription agreement, Privacy Policy and incorporated documents, form the agreement governing your use of the relevant Services, subject to any signed agreement that takes precedence.

Severability: If a provision is held invalid or unenforceable, the remaining provisions will continue to apply to the extent permitted by law.

No waiver: A failure or delay in enforcing a provision does not waive the right to enforce it later.

Assignment: You may not transfer your rights or obligations under these Terms without our prior written consent, except where applicable law provides otherwise. MarkIQs may assign its rights or obligations as part of a corporate restructuring or transfer of business, subject to applicable law and contractual commitments.

No agency: These Terms do not create a partnership, joint venture, employment or agency relationship between the parties.

Electronic communications: Where legally permitted, notices and communications may be sent electronically to the contact details associated with your account.

Language: If a translation is provided, the English version will prevail in the event of inconsistency, except where applicable law requires otherwise.

Contact Information

For questions about these Terms, subscriptions, legal matters or permitted use of the Services, contact:

Registered Office:

MarkIQs Systems Private Limited
BONANZA, PO-42, BLOCK –B-14, #630, Innovations Park,
Arekere, Bannerghatta Road, Bangalore-560076.

Website: https://markiqs.com
Legal Contact: [email protected]

Customer Support: [email protected]
Privacy Contact: [email protected]
Telephone: +91 123 456 7890

End of Terms of Use