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Terms of Service

Last Updated: April 27, 2026

These Terms of Service (“Terms”) govern your access to and use of the MrktGenius platform (“MrktGenius,” “the Service,” “we,” “us,” or “our”), operated by MrktGenius LLC. By creating an account or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

1. Eligibility

The Service is intended for licensed real estate professionals operating in New York State. By using MrktGenius, you represent that you are:

You are responsible for ensuring your use of the Service complies with the rules of any multiple listing service (MLS), brokerage, regulatory body, or licensing authority that applies to your work.

2. Account Registration

To use the Service, you must create an account using a valid email address and the authentication methods we support, including Google sign-in.

You agree to:

You are responsible for all activity that occurs under your account, whether or not authorized by you.

3. Acceptable Use

You may use the Service only for lawful purposes and in accordance with these Terms. You agree not to:

We reserve the right to investigate suspected violations and to suspend or terminate accounts that violate these Terms.

4. Your Content and Data

You retain ownership of the data you input into the Service, including client records, documents, communications, and pipeline information (“Your Content”).

By using the Service, you grant us a limited, non-exclusive, worldwide license to host, store, process, transmit, and display Your Content solely as necessary to provide the Service to you. We do not claim any ownership over Your Content.

You are solely responsible for the accuracy, legality, and appropriateness of Your Content, including ensuring that you have the necessary rights and consents to upload information about your clients and to use the Service to communicate with them.

You are responsible for maintaining your own backups of business-critical data. While we take reasonable steps to protect against data loss, we make no guarantee against loss, corruption, or unavailability.

5. Third-Party Integrations

The Service integrates with third-party services, including but not limited to:

When you connect a third-party service, you authorize MrktGenius to access and exchange data with that service on your behalf, in accordance with our Privacy Policy. Your use of any third-party service is governed by that service’s own terms and privacy policy. We are not responsible for the availability, content, or practices of third-party services.

You are responsible for complying with the terms of any MLS, brokerage, or other third party whose data you access through the Service.

6. The DONNA AI Assistant

The Service includes an AI assistant (“DONNA”) that uses large language models to help you draft messages, summarize information, and answer questions about your business.

DONNA’s outputs are generated by AI and may contain errors, omissions, or inaccuracies. You acknowledge and agree that:

You remain fully responsible for all communications, decisions, and actions you take based on DONNA’s outputs.

7. Intellectual Property

The Service, including its software, design, branding, logos, documentation, and content provided by us, is owned by MrktGenius LLC and protected by copyright, trademark, and other intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for your internal business purposes, subject to these Terms.

The MrktGenius and DONNA names and logos are trademarks of MrktGenius LLC. You may not use them without our prior written permission.

Feedback you provide about the Service may be used by us to improve the Service without obligation or compensation to you.

8. Early Access and Pricing

The Service is currently offered through an early access program to a limited group of NY-licensed agents. Early access participants may use the Service at promotional pricing, including pricing offered at no charge during initial onboarding periods.

We reserve the right to change pricing, features, plans, and availability at any time. We will provide reasonable notice of material changes that affect paid users. Continued use of the Service after a pricing change constitutes acceptance of the new pricing.

When billing begins, payment terms will be communicated separately and incorporated into these Terms by reference.

9. Account Suspension and Termination

You may cancel your account at any time by contacting us at the address below. Upon cancellation, your access to the Service will end and your data will be handled in accordance with our Privacy Policy.

We may suspend or terminate your account, with or without notice, if:

On termination, the licenses granted to you under these Terms end immediately. Sections that by their nature should survive termination (including disclaimers, limitation of liability, indemnification, and dispute resolution) will survive.

10. Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED. WE DO NOT WARRANT THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY CONTENT OR OUTPUT, INCLUDING AI-GENERATED OUTPUT.

YOU USE THE SERVICE AT YOUR OWN RISK. YOU ARE RESPONSIBLE FOR YOUR PROFESSIONAL CONDUCT, COMPLIANCE WITH REAL ESTATE LAWS AND REGULATIONS, AND ALL TRANSACTIONS YOU FACILITATE USING THE SERVICE.

11. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, MRKTGENIUS LLC AND ITS OFFICERS, EMPLOYEES, AGENTS, AND AFFILIATES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUES, DATA, BUSINESS, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID US IN THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

Some jurisdictions do not allow the exclusion or limitation of certain damages, so portions of the above may not apply to you.

12. Indemnification

You agree to indemnify, defend, and hold harmless MrktGenius LLC and its officers, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to:

13. Governing Law and Disputes

These Terms are governed by the laws of the State of New York, without regard to conflict-of-law principles.

Any dispute arising out of or related to these Terms or the Service will be resolved exclusively in the state or federal courts located in Suffolk County, New York. You consent to the personal jurisdiction of those courts.

You and MrktGenius LLC each agree to bring any dispute against the other only on an individual basis. Class actions, class arbitrations, and representative actions are not permitted.

14. Changes to These Terms

We may update these Terms from time to time. When we make material changes, we will update the “Last Updated” date at the top and, where appropriate, notify you by email or through the Service. Your continued use of the Service after changes take effect constitutes acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Service.

15. Miscellaneous

Entire Agreement. These Terms, together with our Privacy Policy and any additional terms applicable to specific features, constitute the entire agreement between you and MrktGenius LLC regarding the Service.

Severability. If any provision of these Terms is held to be unenforceable, the remaining provisions will remain in full force and effect.

No Waiver. Our failure to enforce any provision is not a waiver of our right to do so later.

Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.

No Agency. Nothing in these Terms creates a partnership, agency, employment, or joint venture relationship between you and us.

Notices. We may provide notices to you by email, through the Service, or by other reasonable means. You may provide notices to us at the email address below.

16. Contact Us

If you have questions about these Terms, contact us:

MrktGenius LLC
Email: legal@mrktgenius.com
General inquiries: support@mrktgenius.com
Location: New York, United States