Terms and Conditions

These Terms and Conditions ("Terms") are a binding agreement between you and DiscoveryMark LLC ("DiscoveryMark," "we," "us," or "our"), a company based in Charleston, South Carolina. They govern your access to and use of the website at discoverymark.com and the DiscoveryMark property operations dashboard (together, the "Service").

By creating an account, signing in, or otherwise using the Service, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Service.

1. Eligibility and authority

You must be at least 18 years old to use the Service. If you use the Service on behalf of a company or other organization, you represent that you have authority to bind that organization to these Terms, and "you" refers to both you and that organization.

2. The Service

DiscoveryMark is a property operations dashboard for landlords and property managers. It lets you create and run workflows, such as Move-In, Move-Out, Maintenance, and Lease Violation records, collect information and electronic signatures from tenants and others, upload files, and generate documented PDF records. We may add, change, or remove features over time.

3. Your account

DiscoveryMark uses passwordless sign-in. We send a one-time code to your email address to verify your identity, so access to the Service depends on access to your email. You are responsible for keeping your email account secure and for all activity that occurs under your account. You agree to provide accurate information and to keep it up to date. Notify us promptly at austin@discoverymark.com if you believe your account has been accessed without authorization.

4. Your content and responsibilities

"Customer Data" means the information you and your invited users enter or upload into the Service, including property details, tenant and contact information, workflow responses, files, photos, notes, and electronic signatures.

• Ownership. As between you and DiscoveryMark, you own your Customer Data. We do not claim ownership of it.
• License to us. You grant DiscoveryMark a worldwide, non-exclusive license to host, store, process, transmit, and display Customer Data solely to provide, secure, and improve the Service and to generate the records you request.
• Your representations. You represent and warrant that you have all rights, permissions, and consents needed to collect, upload, and process the Customer Data through the Service, including any information about your tenants and other third parties, and to collect electronic signatures from them.
• Compliance. You are solely responsible for complying with all laws that apply to your use of the Service and your relationships with your tenants, including landlord and tenant law, fair housing law, security deposit rules, and laws governing electronic records and signatures. You are responsible for determining whether the records you create meet your legal needs.
• No legal advice. DiscoveryMark provides software, not legal advice. The Service, its templates, and the records it produces are not a substitute for advice from a qualified attorney, and we do not guarantee that any record will be legally sufficient or enforceable. Consult your own counsel for legal questions.

5. Acceptable use

You agree not to:

• Use the Service for any unlawful, fraudulent, harassing, or harmful purpose;
• Upload content that you do not have the right to share, or that infringes the rights of others;
• Upload malware or attempt to gain unauthorized access to the Service, other accounts, or our systems;
• Interfere with or disrupt the integrity or performance of the Service;
• Reverse engineer, copy, resell, or create derivative works from the Service except as permitted by law; or
• Use the Service to send spam or unsolicited messages.

6. Plans, fees, and billing

The Service offers per-record pricing and an Unlimited subscription, as described on our pricing page. The price of a workflow is shown to you in the dashboard before you confirm it.

• Payment processor. Payments are processed by Paddle, which acts as the merchant of record. By purchasing, you also agree to Paddle's applicable terms. You authorize us and Paddle to charge your payment method for the fees you incur.
• Per-record charges. For per-record pricing, you are charged when you launch a workflow, at the price shown at the time.
• Subscriptions. The Unlimited plan is billed in advance on a recurring basis and renews automatically at the end of each billing period until you cancel. You can cancel at any time to stop future renewals.
• Taxes. Fees are exclusive of taxes. You are responsible for any applicable sales, use, or similar taxes, which may be collected by Paddle.
• Price changes. We may change our prices. For subscriptions, changes apply to the next billing period after we give you reasonable notice.

7. Free record

New accounts may run one free record without a credit card. The free record is offered at our discretion, is limited to one per account or workspace, and may not be combined with other offers.

8. Refunds and cancellation

31-day satisfaction guarantee. If you are not happy with the Service for any reason, you may request a refund within 31 days of the charge by emailing austin@discoverymark.com. This applies to both per-record charges and your most recent subscription payment. We will refund the amount you paid for that charge.

You may cancel your Unlimited subscription at any time. Cancellation stops future renewals; outside the 31-day window, canceling does not retroactively refund a period that has already begun, and you keep access through the end of the period you have paid for. If a workflow fails on our end, we will refund or re-run it at no additional cost.

9. Intellectual property

The Service, including its software, design, text, graphics, logos, and the DiscoveryMark name and brand, is owned by DiscoveryMark or its licensors and is protected by intellectual property laws. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable right to access and use the Service for your internal business purposes. All rights not expressly granted are reserved.

10. Feedback

If you send us suggestions or feedback about the Service, you grant DiscoveryMark a perpetual, irrevocable, royalty-free license to use it for any purpose without any obligation to you.

11. Third-party services

The Service relies on third-party providers, including Amazon Web Services, Paddle, and Google. Your use of those providers through the Service may be subject to their own terms and policies. We are not responsible for third-party services, and their availability is outside our control.

12. Electronic records and signatures

You agree that the Service may use electronic records and electronic signatures, and that agreements, acknowledgments, and signatures captured through the Service may be legally binding to the extent permitted by applicable law, including the federal ESIGN Act and South Carolina's adoption of the Uniform Electronic Transactions Act. You are responsible for ensuring that any signature you collect from a tenant or other person is obtained in a manner that meets your legal requirements.

13. Disclaimers

The Service is provided "as is" and "as available," without warranties of any kind, whether express, implied, or statutory. To the fullest extent permitted by law, DiscoveryMark disclaims all implied warranties, including merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or secure, or that records produced through the Service will meet your legal or business needs.

14. Limitation of liability

To the fullest extent permitted by law, DiscoveryMark and its owners, employees, and suppliers will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, or business, arising out of or related to your use of the Service, even if advised of the possibility of such damages.

In all cases, the total aggregate liability of DiscoveryMark arising out of or related to the Service or these Terms will not exceed the greater of the amount you paid to DiscoveryMark in the twelve months before the event giving rise to the claim, or fifty US dollars (50.00 USD). Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.

15. Indemnification

You agree to defend, indemnify, and hold harmless DiscoveryMark and its owners, employees, and suppliers from and against any claims, damages, liabilities, losses, and expenses, including reasonable attorneys' fees, arising out of or related to your Customer Data, your use of the Service, your violation of these Terms, your violation of any law, or your relationships and dealings with your tenants or other third parties.

16. Suspension and termination

You may stop using the Service and close your account at any time. We may suspend or terminate your access to the Service if you breach these Terms, fail to pay fees, or use the Service in a way that risks harm to DiscoveryMark or others, or as needed to comply with law. Upon termination, your right to use the Service ends. We will make Customer Data available for export for a reasonable period after termination, after which we may delete it as described in our Privacy Policy. Sections that by their nature should survive termination will survive, including ownership, disclaimers, limitation of liability, indemnification, and governing law.

17. Changes to the Service and these Terms

We may modify the Service and these Terms from time to time. When we make material changes to these Terms, we will update the "Last updated" date above and, where appropriate, provide additional notice. Your continued use of the Service after an update means you accept the revised Terms. If you do not agree to the changes, you should stop using the Service.

18. Governing law and disputes

These Terms are governed by the laws of the State of South Carolina, without regard to its conflict of law rules. You and DiscoveryMark agree that any dispute arising out of or related to these Terms or the Service will be brought exclusively in the state or federal courts located in Charleston County, South Carolina, and you consent to the personal jurisdiction of those courts. Before filing a claim, you agree to first contact us at austin@discoverymark.com so we can try to resolve the matter informally.

19. General

• Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and DiscoveryMark regarding the Service and supersede any prior agreements.
• Severability. If any provision is found unenforceable, the rest of the Terms remain in effect.
• Waiver. Our failure to enforce a provision is not a waiver of our right to do so later.
• Assignment. You may not assign these Terms without our consent. We may assign them in connection with a merger, acquisition, or sale of assets.
• Force majeure. Neither party is liable for delays or failures caused by events beyond its reasonable control.
• Notices. We may provide notices to you by email or through the Service. You may send notices to us at the email address below.

20. Contact us

Questions about these Terms? Contact us at:

DiscoveryMark LLC
Charleston, South Carolina, USA
Email: austin@discoverymark.com