These Terms of Service ("Terms") constitute a binding agreement between you and Markoni ("Markoni", "we", "us") governing your access to and use of the website located at markoni.ai, its subdomains and content (collectively, the "Site"). By accessing or using the Site you accept these Terms. If you do not agree, do not use the Site.
Markoni provides revenue-management and property-management services to property owners exclusively pursuant to written management agreements (each a "Management Agreement"). Nothing on the Site constitutes an offer capable of acceptance, and no engagement, agency, partnership or fiduciary relationship arises from use of the Site. In the event of any conflict between these Terms and a Management Agreement, the Management Agreement prevails as between its parties.
You shall not: (a) use the Site in violation of applicable law; (b) scrape, harvest or extract data from the Site by automated means without our prior written consent; (c) interfere with the operation or security of the Site; (d) misrepresent your identity or affiliation; or (e) use any Markoni name, mark or logo except as permitted in writing.
The Site and all content, marks, logos, designs and software comprised therein are owned by or licensed to Markoni and are protected by intellectual-property laws. You are granted a limited, revocable, non-exclusive, non-transferable licence to access the Site for its intended informational purpose. No other rights are granted, whether by implication, estoppel or otherwise.
The Site may reference or link to third-party platforms (including booking channels and messaging services). Markoni does not control and is not responsible for third-party services, and references do not constitute endorsement.
The site is provided "as is" and "as available", without warranties of any kind, whether express, implied or statutory, including without limitation warranties of merchantability, fitness for a particular purpose, accuracy, non-infringement and uninterrupted availability, all of which are disclaimed to the fullest extent permitted by law.
To the fullest extent permitted by law, Markoni shall not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for loss of profits, revenue, goodwill or data, arising out of or in connection with the site, and Markoni's aggregate liability in connection with the site shall not exceed one hundred US dollars (US$100). Liability arising under a Management Agreement is governed exclusively by that agreement. Nothing in these terms excludes liability that cannot be excluded by law.
You shall indemnify and hold harmless Markoni and its officers, directors, employees and agents from and against claims, damages and expenses (including reasonable legal fees) arising out of your breach of these Terms or misuse of the Site.
We may amend these Terms by posting a revised version with a new effective date; continued use of the Site constitutes acceptance. If any provision is held unenforceable, the remainder continues in full force. Failure to enforce a provision is not a waiver of it.
These Terms and any dispute arising out of or in connection with the Site are governed by the laws of the jurisdiction of Markoni's incorporation, without regard to conflict-of-laws principles, and the courts of that jurisdiction shall have exclusive jurisdiction, save that disputes under a Management Agreement are resolved as provided therein.