Terms of Service
Last updated: 18 June 2026 · v1.1
1.Acceptance of these terms
By creating an account or using the MarkQuality platform (the “Service”), you agree to these Terms of Service (the “Terms”) on behalf of yourself and the organization you represent. If you do not agree, do not use the Service.
2.The Service
MarkQuality organizes and compares publicly disclosed Business Development Company (BDC) and registered-fund holdings to produce independent peer-mark and valuation-quality analytics. All underlying data is sourced from public regulatory filings (e.g., SEC EDGAR, BDC Data Sets, Form N-PORT). The Service is provided during a beta period and may change, be interrupted, or be discontinued at any time, with no service-level or uptime commitment.
3.Not investment advice
The Service provides data, comparisons, and analytical outputs for informational purposes only. It is not investment, legal, accounting, valuation, or tax advice, and must not be relied on as the sole basis for any decision. You are solely responsible for your own analysis and decisions. MarkQuality is not a registered investment adviser, broker-dealer, or valuation firm. Scores, grades, rankings, and peer comparisons are comparative analytical opinions derived from public filings — they describe how a fund’s disclosed marks relate to the cross-fund peer consensus, and are not statements of fact about any company’s conduct, the accuracy or adequacy of its valuations or net asset value, or any wrongdoing. A difference from a peer median or consensus may reflect legitimate differences in position, timing, lot, structure, or valuation methodology rather than any error or mispricing. Our outputs are impersonal and of general application to all subscribers; we do not provide advice tailored to any individual’s portfolio or circumstances.
4.Data sources, accuracy, and quality
Data is derived from third-party public filings and is provided “as is” and “as available.” We make no warranty that any datapoint, mark, score, or comparison is accurate, complete, current, or fit for a particular purpose. Quality tiers, readiness scores, and precision indicators are methodological estimates; precision figures reflect an audit-in-progress and are not guarantees. You should independently verify any figure against its linked source filing before relying on it.
5.Corrections and right of reply
We aim to base our outputs on public filings believed to be reliable, and we welcome correction. If you are (or represent) a fund, adviser, or issuer and believe an output is inaccurate, incomplete, or misleading, contact corrections@markquality.io. We will review the submission in good faith and, where warranted, correct, update, or annotate the relevant output. This process does not create any obligation to remove accurate comparative analysis.
6.Accounts, access, and entitlement
Access is granted per organization and may be limited to specific data releases. We may grant, limit, suspend, or revoke access at any time — including for non-payment, suspected abuse, or violation of these Terms. You are responsible for your account credentials and for all activity under your account. Access during the beta is provided free of charge unless otherwise agreed in writing.
7.Acceptable use
You may use the Service only for your organization’s internal business purposes. You may not: (a) resell, redistribute, sublicense, or make the Service or its outputs available to third parties; (b) scrape, bulk-export, or systematically extract data except through features we provide; (c) reverse-engineer, decompile, or attempt to derive our source code or methodology beyond what we publish; (d) misrepresent the source or accuracy of any output; (e) use the Service to violate any law or third-party right; or (f) access or use the Service from a jurisdiction subject to comprehensive sanctions or embargo, or where you or your organization are subject to applicable trade or export-control restrictions.
8.Your content
The Service lets you create content such as notes, tags, watchlists, and annotations (“Your Content”). You retain ownership of Your Content and grant us a limited license to host, store, process, and display it to operate the Service and to make it available to members of your organization where you choose shared visibility. You are solely responsible for Your Content and represent that it does not infringe or violate any law or third-party right, is not defamatory, and does not disclose confidential or material non-public information you are not entitled to share. We may remove Your Content that we reasonably believe violates these Terms or any law, but we have no obligation to monitor it and are not responsible for content created by users.
9.Intellectual property
The Service, its software, methodology, data pipelines, and presentation are owned by MarkQuality and protected by intellectual-property laws. Underlying public filings are owned by their respective filers and the SEC. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service per these Terms. Outputs you generate may be used internally; redistribution requires our written consent.
10.Fees
The beta is currently free. If we introduce paid plans, fees, billing terms, and plan entitlements will be presented before they apply to your organization, and continued use of paid features will require an active subscription or agreed pilot arrangement.
11.Disclaimers and limitation of liability
To the maximum extent permitted by law, the Service is provided without warranties of any kind, and MarkQuality disclaims all implied warranties including merchantability, fitness for a particular purpose, and non-infringement. To the maximum extent permitted by law, MarkQuality will not be liable for any indirect, incidental, consequential, special, or punitive damages, or for any lost profits or trading losses, arising from your use of (or inability to use) the Service. Our total aggregate liability will not exceed the greater of the fees you paid to us in the twelve months preceding the claim or, during the free beta, USD 100. Some jurisdictions do not allow certain exclusions or limitations; in those jurisdictions the above applies to the fullest extent permitted.
12.Termination
You may stop using the Service at any time. We may suspend or terminate your access for any reason, including breach of these Terms. Provisions that by their nature should survive termination (e.g., IP, disclaimers, limitation of liability, indemnification) will survive.
13.Changes to these terms
We may update these Terms from time to time. Material changes will be reflected by updating the “Last updated” date and version. Continued use after changes constitutes acceptance.
14.Governing law
These Terms are governed by the laws of the jurisdiction in which MarkQuality is established, without regard to conflict-of-laws rules. (Final governing-law and dispute-resolution terms to be set with counsel.)
15.Independence, no position, and third-party names
MarkQuality is independent and is not affiliated with, sponsored by, or endorsed by any fund, investment adviser, or issuer it analyzes. We do not hold positions in the securities of the funds or issuers we cover, and we receive no compensation from them for their inclusion or analysis. Company, fund, and product names and marks are the property of their respective owners and are used only nominatively, to identify the subjects of our analysis; their use does not imply any affiliation or endorsement.
16.Indemnification
You will indemnify and hold harmless MarkQuality and its personnel from any claims, losses, and expenses (including reasonable legal fees) arising from your use of the Service, Your Content, any output you generate, your redistribution of any output in breach of these Terms, or your violation of these Terms or of any law or third-party right.
17.General
You may not assign these Terms without our consent; we may assign them to an affiliate or in connection with a merger, financing, or sale of assets. If any provision is held unenforceable, the remaining provisions stay in effect. Our failure to enforce a provision is not a waiver of it. Neither party is liable for delays or failures caused by events beyond its reasonable control. These Terms, together with any policies referenced in them (including our Privacy Policy), are the entire agreement between you and MarkQuality regarding the Service and supersede prior understandings.
18.Contact
Questions about these Terms: legal@markquality.io.
This document is a good-faith template for a beta data product and has not been reviewed by legal counsel. It should be reviewed and finalized with a qualified attorney (including securities-law review) before being relied on commercially.