Terms of Service

These Terms of Service ("Terms") govern your access to and use of the Intellimark website at intellimark.net and the Intellimark Hub platform ("Hub"), including its Public Sector Surveys, Reputation Pulse, and Synthetic Data modules (together, the "Services"), provided by Intellimark Group LLC ("Intellimark," "we," "us"). By accessing or using the Services, you agree to these Terms. Where you accept these Terms on behalf of an organization, you represent that you are authorized to bind that organization ("Customer").

1. Definitions

• Customer. An organization that subscribes to or is granted access to the Hub.
• Authorized User. An individual permitted by a Customer to access the Hub under the Customer's account.
• Customer Data. Data that a Customer or its Authorized Users submit to, or collect through, the Hub, including survey responses and contact records.
• Respondent. An individual who participates in a survey or research program run through the Hub.

2. Eligibility and Accounts

• Hub access is provided to Customers and their Authorized Users, typically by invitation.
• You are responsible for maintaining the confidentiality of your credentials and for all activity under your account.
• You must provide accurate information and promptly notify us of any unauthorized use.
• You must be of legal age to form a binding contract.

3. Acceptable Use

By using the Services, you agree to:

• Use the website and Services lawfully and responsibly.
• Not engage in activities that may harm Intellimark, its Customers, or other users.
• Comply with applicable laws and regulations, including those governing surveys, electronic communications (such as email and SMS consent), and data protection.
• Not attempt to gain unauthorized access to the Services, other tenants' data, or our systems, and not reverse engineer, overload, or disrupt the Services.
• Not upload unlawful, infringing, or malicious content, and obtain any consents required to collect and process Respondent and contact data you submit.

4. The Hub Platform

The Hub is a multi-tenant software-as-a-service platform. Modules may be made available individually or together, and specific features, usage limits, and commercial terms are set out in your order, subscription, or written agreement with us. We may add, modify, or discontinue features over time.

5. Customer Data and Ownership

• Customer Data belongs to the Customer. As between the parties, the Customer retains all rights to its Customer Data. Intellimark claims no ownership of it.
• The Customer grants Intellimark a limited license to process Customer Data solely to provide, secure, and improve the Services and as instructed by the Customer.
• For Customer Data containing personal data, Intellimark acts as a processor and the Customer as the controller. This processing is governed by our Data Processing Agreement (DPA), available on request, which forms part of these Terms where applicable.
• The Customer is responsible for the accuracy of, and for having a lawful basis to collect and process, the Customer Data it submits.

6. Intellectual Property

The Services, including the Hub platform, our software, content, research, reports, analytics, and methodologies, are the intellectual property of Intellimark. Except for Customer Data and content you own, you may not copy, reproduce, distribute, or modify our materials without prior written permission. This section does not transfer any rights in Customer Data to Intellimark.

7. AI-Generated and Synthetic Content

Certain features use artificial intelligence and large language models, and the Synthetic Data module generates artificial personas and simulated responses. You acknowledge that:

• AI-generated and synthetic outputs may be inaccurate, incomplete, or not representative of real individuals, and are provided for research and decision-support purposes only.
• Synthetic personas and responses do not represent real people and should not be treated as actual customer or respondent data.
• You are responsible for reviewing outputs before relying on them and should not treat them as the sole basis for material decisions.

8. Reputation Pulse and Third-Party Content

Reputation Pulse processes publicly available content from third-party sources for brand monitoring and analytics. That content remains the property of its original authors and the source platforms, and is subject to their terms. You agree to use Reputation Pulse outputs lawfully and not in a manner that infringes third-party rights.

9. Payment and Refund Policy

Where the Services require payment:

• Fees, billing frequency, and payment terms are set out in your order or subscription agreement.
• Unless otherwise agreed in writing, fees are payable in advance and are non-refundable except as required by law or as expressly stated in your agreement.

10. Privacy and Data Protection

Your use of the Services is also governed by our Privacy Policy. We take data protection seriously and do not sell personal information.

10.1 Data Protection Obligations (GDPR)

Intellimark and its Customers agree to comply with applicable data protection regulations, including the General Data Protection Regulation (GDPR), where applicable. Our respective obligations as processor and controller are set out in our DPA.

• Personal data will only be processed for specific, legitimate purposes and on the Customer's documented instructions where we act as processor.
• Any unauthorized or accidental access, disclosure, or loss of personal data will be addressed promptly and reported when required.
• Personal data will not be shared with third parties unless legally required or contractually agreed upon, with appropriate safeguards in place.
• Technical and organizational measures will be maintained to protect data confidentiality, integrity, and availability.

11. Service Availability and Suspension

We aim to keep the Services available but do not guarantee uninterrupted or error-free operation unless a specific service level is agreed in writing. We may suspend or restrict access to address security risks, prevent harm, comply with law, or where fees are overdue, and will use reasonable efforts to provide notice where practicable.

12. Termination

Either party may terminate access as provided in the applicable subscription agreement, or where there is a material breach of these Terms. On termination, your right to use the Services ends. We will make Customer Data available for export for a limited period and then delete or anonymize it in accordance with our Privacy Policy and DPA, unless retention is legally required.

13. Disclaimer of Warranties

Except as expressly stated in a written agreement, the Services are provided "as is" and "as available," without warranties of any kind, whether express or implied, including merchantability, fitness for a particular purpose, and non-infringement.

14. Limitation of Liability

To the maximum extent permitted by law, Intellimark is not liable for:

• Business decisions made based on our Services, research, analytics, or AI-generated or synthetic outputs.
• Errors or inaccuracies in third-party data sources.
• Service downtime or technical issues beyond our reasonable control.
• Indirect, incidental, special, consequential, or punitive damages, or loss of profits or data.

Where liability cannot be excluded, it is limited to the amount you paid for the Services in the 12 months preceding the claim.

15. Indemnification

You agree to indemnify and hold Intellimark harmless from claims arising out of your misuse of the Services, your violation of these Terms or applicable law, or your Customer Data, except to the extent caused by Intellimark.

16. Third-Party Links

Our website and Services may contain links to third-party sites. We do not control or take responsibility for their content or policies.

17. Governing Law and Disputes

These Terms are governed by the laws of the State of Georgia, USA, without regard to conflict-of-laws principles. The courts located in Atlanta, Georgia will have jurisdiction over any disputes, unless otherwise agreed in a signed agreement. Nothing in this section limits any mandatory consumer or data protection rights you may have under local law.

18. Changes to These Terms

We may update these Terms from time to time. Continued use of the Services after changes means you accept the updated Terms.

19. Contact Us

If you have any questions regarding these Terms of Service, contact us at:

Intellimark Group LLC
contact@intellimark.net