Early Access Program Agreement

Markup AI agrees to allow Customer to test and evaluate the Early Access Program (the “Program”). The Program is not generally available and may be subject to additional terms as set forth in any associated documentation.

This Early Access Agreement (“EAA”), is entered into by and between the company registering for the Program (“Customer”) and Markup AI, Inc., having offices at 228 Park Ave S Suite 679468

New York, New York 10003-1502, and its affiliates (“Markup AI”). The effective date of this EAA is the date of acceptance via registration by Customer.

 

WHEREAS, Customer agrees that access to and use of the Program services is subject to compliance with this EAA and either: i) the existing agreement in place between Customer and Markup AI or its affiliates; or, ii) if no such agreement exists, Markup AI’s Terms and Conditions located at https://markup.ai/terms-service (the “Agreement”); and

WHEREAS, the Program includes access to the services as further described in the Program brochure provided to Customer;

NOW THEREFORE, in consideration of the mutual covenants and agreements herein contained, the parties do hereby agree to the following terms: 

1. Feedback, Usage Data and Publicity: By participating in the Program, Customer agrees that, regardless of whether or not Markup AI formally requests it to do so, it will provide to Markup AI reasonable comments, suggestions, data and feedback (collectively “Feedback”) regarding the Program according to the feedback cadence described in the Program documentation. Markup AI may also collect data related to requests per API key along with metadata about the request (collectively “Usage Data”). For all Feedback and Usage Data, Customer shall grant Markup AI a non-exclusive, worldwide, irrevocable, royalty free, fully paid-up rights to use such Feedback and Usage Data for product and service improvement. Customer also agrees to serve as a reference regarding the Program or Markup AI’s services generally upon reasonable request by Markup AI according to Customer’s brand guidelines. Markup AI may use Customer’s name and logos on Markup AI’s website and in other Markup AI marketing materials in accordance with Customer’s trademark guidelines.
2. Term. Customer’s access to the Program services shall commence on the date of Customer’s acceptance into the Program, as communicated by Markup AI to Customer, and shall run for an initial term of thirty (30) days (“Program Term”). Following the initial term, upon written notice to Customer, Markup AI may extend the Program Term in its sole discretion. Customer may terminate the Program at any time by notifying Markup AI with seven (7) days’ prior written notice. Markup AI reserves the right to suspend or remove Customer from the Program at any time in its sole discretion. Markup AI will attempt to contact Customer before any such suspension or removal.
3. Fees. The Program will be provided at no cost to the Customer for the duration of the Program Term.
4. Disclaimer: The Program is still in the testing phase and is provided on an “as is” and “as available” basis. The Program is excluded from any indemnification obligations Markup AI may otherwise have to you. Markup AI makes no representations or warranties of any kind, express or implied, for the Program, including any warranties that the Program will be uninterrupted or error free, generally available, or that Customer Content will be secure or not lost or damaged.  

GDPR Subprocessors. Customer consents to Markup AI engaging the Sub-processors provided at https://markup.ai/sub-processors/.

Except as specified in this EAA, the Agreement shall remain unchanged and in full effect. In the event of a conflict between this EAA and the Agreement, this EAA takes precedence.