1. Provider

2. Definitions

• Service — the Marley application, website and API, including access over MCP.
• Customer — the business entity that contracts for the Service.
• User — a person authorised by the Customer to use a seat.
• Scan — one capture of one search in one market at one moment.
• Credit — the unit in which use is counted. A standard scan is one credit; a deep scan is twenty-five.
• Observation — the record produced by a scan, including measurements and screenshots.

3. The service

3.1 What it does

Marley monitors search result pages for keywords the Customer selects, measures how much of the visible result page each participant occupies, records who advertises and what they say, and reports that back with alerts and analysis. Where the Customer connects an advertising account, Marley also reads that account's own metrics to inform its analysis.

3.2 Sampling

The Service reports what it observed, at the moments it observed it. Search results are personalised, geographically varied and change continuously; advertising is served probabilistically. Observations are therefore a sample, not an exhaustive record, and the Provider does not warrant that every advertiser or result present at a given moment will appear in it.

3.3 Automated interpretation

Automated systems, including machine learning, are used to structure and interpret captured pages. Output may contain errors and should be reviewed before it is relied on for a commercial decision.

3.4 Stage

Parts of the Service are offered in beta and are identified as such. Beta features may change, be withdrawn, or be less reliable than the rest of the Service.

4. Contract formation

These Terms form a binding agreement when the Customer creates a workspace or begins using the Service. Users who do not accept them must stop using the Service. Where a person accepts on behalf of an entity, they represent that they have authority to bind it.

5. Eligibility

The Service is offered only to those acting in the course of a trade, business or profession, who are at least 18 years old and have full legal capacity. It is not offered to consumers.

6. Accounts and seats

The Customer is responsible for the accuracy of account information, for all activity under its workspace, and for keeping credentials confidential. Seats are personal to a named User and must not be shared. Suspected unauthorised access must be reported promptly.

Access tokens issued for API or MCP use carry the permissions of the workspace that issued them. The Customer is responsible for their safekeeping and for any use made of them, including use by automated agents it connects.

7. Acceptable use

The Customer is granted a non-exclusive, non-transferable, revocable right to use the Service for its own internal business purposes for the term of the subscription. The Customer must not:

• resell, sublicense or make the Service available to a third party, except that an agency plan may be used to serve the agency's own clients;
• attempt to circumvent credit limits, plan limits or access controls;
• use the Service to monitor an individual rather than a market, or for any purpose that would infringe another person's rights;
• reverse engineer the Service, or use it to build a competing product;
• place a load on the Service that materially degrades it for others.

8. Intellectual property

8.1 Customer data

The Customer retains all rights in the configuration and data it provides. The Customer grants the Provider the licence necessary to operate the Service for it.

8.2 Observations and outputs

The Customer may use the observations and analysis produced for its workspace freely within its business, including in reports to its own clients. The Provider retains all rights in the Service itself, its methods, its models and any aggregated or anonymised statistics derived from operating it, provided such statistics do not identify the Customer or reveal its configuration.

8.3 Third-party material

Observations may include material published by third parties, such as advertising copy and screenshots of search result pages. That material belongs to its owners. It is recorded and provided for the Customer's analysis, market intelligence and enforcement of its own rights, and must not be republished for other purposes.

9. Brand protection and trademark complaints

Where the Service identifies a possible trademark infringement, affiliate breach or brand hijack, it assembles the evidence and may open the relevant platform's complaint form with that evidence attached. The decision to submit, and the submission itself, is the Customer's. The Provider does not act as the Customer's agent, does not provide legal advice, and gives no assurance that a complaint will be accepted or that a finding of infringement is correct. The Customer is solely responsible for any complaint it files and for the consequences of filing it.

Classifications such as "infringement" or "hijacking" are automated descriptions of what was observed. They are not legal determinations.

10. Fees, credits and payment

• Plans are billed in advance for the period selected. Fees are stated exclusive of VAT and other applicable taxes.
• Each plan includes a monthly allowance of credits. Unused credits do not carry over.
• Use beyond the allowance on a paid plan is not blocked. It is charged in proportion at the overage rate published on the pricing page at the time, and invoiced in arrears.
• The free plan is capped: when its allowance is exhausted, scanning stops until the next period or the Customer upgrades.
• Credits consumed by an automated agent over the API or MCP count exactly as credits consumed through the interface.
• Prices may change on thirty (30) days' notice, effective from the next billing period.

11. Warranties and disclaimers

The Provider will supply the Service with reasonable skill and care. Beyond that, and to the maximum extent permitted by law, the Service is provided "as is". In particular the Provider does not warrant that:

• observations are complete, or that every advertiser present at a moment was captured;
• measurements, states or reclaimable-spend figures are free from error;
• acting on the Service's analysis will produce any particular commercial result;
• the Service will be uninterrupted, or that third-party platforms it depends on will remain available or unchanged.

12. Limitation of liability

To the maximum extent permitted by law, the Provider is not liable for loss of profit, revenue, advertising performance, business or data, nor for indirect or consequential loss. The Provider's total aggregate liability arising out of or in connection with the Service is limited to the fees paid by the Customer in the twelve (12) months preceding the event giving rise to the claim.

Nothing in these Terms excludes liability for fraud, for death or personal injury caused by negligence, or for any other liability that cannot lawfully be excluded.

13. Indemnity

The Customer will indemnify the Provider against claims arising from its use of the Service in breach of these Terms, from complaints it files, and from content or configuration it supplies.

14. Term and termination

14.1 By the Customer

The Customer may cancel at any time, effective at the end of the current billing period. Fees already paid are not refunded except where required by law.

14.2 By the Provider

The Provider may suspend or terminate for material breach, for non-payment, or where continuing would expose it to legal risk — with notice and an opportunity to remedy where the breach is capable of remedy.

14.3 Effect

On termination, access ends and the Customer's data is deleted or anonymised according to the retention periods in the Privacy Policy. The Customer should export anything it needs before cancelling.

15. Changes to these terms

The Provider may amend these Terms. Material changes will be notified at least thirty (30) days before they take effect. Continued use after that date constitutes acceptance; a Customer that does not accept may terminate without penalty.

16. Governing law and jurisdiction

These Terms are governed by the laws of the Kingdom of Spain, without regard to conflict of law rules. The courts of Tarragona, Spain have exclusive jurisdiction, save where mandatory law provides otherwise. Before commencing proceedings, the parties will attempt in good faith to resolve the dispute by writing to [email protected] and allowing thirty (30) days for a response.

17. General

If any provision is held unenforceable, the remainder continues in force. Failure to enforce a right is not a waiver of it. The Customer may not assign these Terms without consent; the Provider may assign them to a successor of its business. These Terms, with the Privacy Policy and the plan the Customer selected, form the entire agreement between the parties.

18. Contact

[email protected] · Parrot Partners, S.L., Calle Cristofor Colom, 4-6, 43001 Tarragona, Spain.