Terms of Service

Last updated: December 15, 2025

These Terms of Service (“Terms” or “Agreement”) constitute a legally binding agreement between Marketscience LLC (“Marketscience,” “Company,” “we,” or “us”) and the business entity or individual acting on behalf of a business (“Customer,” “you,” or “your”) that accesses or uses the Services.

The Services are offered exclusively on a business-to-business (“B2B”) basis and are not intended for consumer or personal use.

By accessing or using the Services, you agree to be bound by these Terms. If you do not agree, you may not access or use the Services.

SERVICES

Marketscience provides software, platforms, analytical tools, and related services for marketing measurement, modeling, and optimization, together with associated documentation and support (collectively, the “Services”).

Marketscience may modify, update, or discontinue any aspect of the Services from time to time. No specific feature or functionality is guaranteed to remain available.

ELIGIBILITY AND AUTHORITY

You represent and warrant that:

You are acting on behalf of a business entity or in a commercial capacity;
You have full authority to bind the Customer to these Terms; and
Your use of the Services complies with all applicable laws and regulations.

ACCOUNT REGISTRATION AND SECURITY

Access to the Services may require account registration. You are responsible for maintaining accurate account information and safeguarding login credentials. You are responsible for all activities that occur under your account.

Marketscience is not responsible for unauthorized access resulting from your failure to protect credentials.

LICENSE AND USE RESTRICTIONS

Subject to these Terms, Marketscience grants Customer a limited, non-exclusive, non-transferable, revocable license to access and use the Services solely for Customer’s internal business purposes.

Customer shall not:

Copy, modify, reverse engineer, decompile, or create derivative works of the Services;
Resell, sublicense, lease, or make the Services available to third parties;
Interfere with the security, integrity, or performance of the Services;
Use the Services for unlawful, harmful, or infringing purposes.

All rights not expressly granted are reserved by Marketscience.

FEES AND PAYMENT

If the Services are provided on a paid basis:

Fees are specified in an applicable order form or subscription plan;
Fees are due in advance and are non-refundable unless expressly stated otherwise;
Failure to pay may result in suspension or termination of access.

Taxes are exclusive and payable by Customer unless otherwise required by law.

INTELLECTUAL PROPERTY

Marketscience retains all right, title, and interest in and to the Services, including all software, algorithms, models, methodologies, and documentation.

Customer retains ownership of Customer-provided data. No rights are granted except as expressly stated in these Terms.

PRIVACY, DATA PROTECTION, AND COMPLIANCE

Privacy Policy

Use of the Services is subject to the Privacy Policy available at:
https://market.science/privacy-policy/

The Privacy Policy is incorporated by reference. In the event of a conflict, these Terms govern contractual obligations, and the Privacy Policy governs notice and transparency obligations.

Data Protection Roles

For purposes of applicable data protection laws, including GDPR, UK GDPR, and CCPA/CPRA:

Customer acts as the Data Controller (or “Business”);
Marketscience acts as a Data Processor (or “Service Provider”) and processes personal data solely on Customer’s behalf and in accordance with Customer instructions.

Data Processing Addendum

Where required by applicable law, the parties agree to a Data Processing Addendum (“DPA”) incorporated into these Terms.

Data Residency

Unless otherwise agreed in writing, Customer Data is hosted and processed in the United States. Marketscience may use sub-processors and cloud providers that process data in other jurisdictions subject to appropriate safeguards.

International Data Transfers

Where required, Marketscience relies on lawful data transfer mechanisms, including Standard Contractual Clauses or equivalent safeguards.

California Privacy (B2B)

To the extent CCPA/CPRA applies:

Marketscience does not sell or share personal data;
Personal data is processed solely for permitted business purposes;
Personal data is not retained or used outside the scope of providing the Services.

SECURITY AND SOC 2

Marketscience maintains a comprehensive information security program designed to protect the confidentiality, integrity, and availability of Customer Data.

Marketscience has completed an independent SOC 2 Type II examination covering controls relevant to the Security, Availability, and Confidentiality Trust Services Criteria.

SOC 2 summary reports may be made available upon reasonable request and subject to confidentiality obligations.

Additional information is available in the Security Policy at:
https://market.science/security-policy/

SUB-PROCESSORS

Customer authorizes Marketscience to engage third-party sub-processors to provide the Services. Marketscience remains responsible for sub-processor performance and ensures appropriate contractual safeguards are in place.

CONFIDENTIALITY

Each party agrees to protect the other party’s Confidential Information and use it solely for purposes of performing under these Terms, unless disclosure is required by law.

HIPAA AND PHI EXCLUSION

The Services are not designed to process or store Protected Health Information (“PHI”) as defined under HIPAA.

Customer agrees not to submit PHI. Marketscience does not act as a Business Associate and does not enter into Business Associate Agreements unless expressly agreed in writing.

TERMINATION

Marketscience may suspend or terminate access:

For breach of these Terms;
For non-payment;
To comply with law;
Or at its discretion with reasonable notice.

Upon termination, Customer must cease use of the Services. Sections that by their nature should survive termination shall survive.

DISCLAIMER OF WARRANTIES

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

MARKETSCIENCE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

MARKETSCIENCE SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES;
TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNTS PAID BY CUSTOMER FOR THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

INDEMNIFICATION

Customer agrees to indemnify and hold harmless Marketscience from claims arising out of:

Customer’s misuse of the Services;
Violation of law;
Breach of these Terms.

GOVERNING LAW AND VENUE

These Terms are governed by the laws of the State of New York, without regard to conflict-of-law principles. Exclusive venue lies in the state or federal courts located in New York, New York.

ORDER OF PRECEDENCE

In the event of conflict:

Executed Order Form or MSA
Data Processing Addendum
These Terms
Privacy Policy and Security Policy

ENTIRE AGREEMENT

These Terms, together with referenced policies and appendices, constitute the entire agreement between the parties and supersede all prior agreements.

CONTACT INFORMATION

Marketscience LLC
Email: [email protected]
Website: https://market.science/contact