Beta Terms of Use

Effective as of: 10/30/2026

1. General Provisions

1.1. These Beta Terms of Use (the “Terms”) govern the use of the beta version of the web-based software named MarkedNest (the “Software”), developed and operated by MarkedNest Kft. (registered seat: 2013 Pomáz, Mogyoró utca 17.; company registration number: 13-09-249044; tax identification number: 33118910-1-13; e-mail: sales@markednest.com; the “Service Provider”).

1.2. The Software is a business information and relationship-management solution which, depending on the functionalities available from time to time, may enable, among other things, the management of company and contact data, the recording of tasks and events, the searching and processing of publicly available online sources (“Web Monitoring”). The Software does not currently contain artificial intelligence or machine learning-based features.

1.3. The Software may be used exclusively for business or professional purposes. A “User” may only be a natural person, legal entity or other organisation without legal personality that uses the Software in the course of its trade, business, profession or independent occupation. By registering, the User represents that it uses the Software otherwise than as a consumer.

1.4. Any natural person accepting these Terms on behalf of a company or other organisation represents that he or she is duly authorised to act on behalf of, and to accept these Terms for and on behalf of, that company or organisation.

1.5. The agreement for the use of the Software is concluded upon the User’s acceptance of these Terms and, where a subscription is required, upon confirmation of the subscription by the Service Provider. Prior to conclusion of the agreement, the Service Provider makes these Terms available in a manner enabling the User to store and retrieve them.

1.6. The Software is currently a beta version under development and testing. Its functionalities, design, operation and availability may change during development, and individual functionalities may be modified, restricted or discontinued.

1.7. By accepting these Terms, the User confirms that it has reviewed and understood them and agrees to be bound by them. The Service Provider shall specifically draw the User’s attention, prior to conclusion of the agreement, to any terms which, under applicable law, require specific notice — including, in particular, the limitations relating to Software Results under Section 6 and the limitations of liability under Section 11 — and, where required, shall obtain the User’s separate acceptance thereof.

2. Registration, User Account and Prohibition on Account Sharing

2.1. Use of the Software requires a personal user account (the “User Account”). User Accounts are created exclusively by the Service Provider upon request and approval. Direct, self-service account creation is not available. The Software does not provide organizational accounts, shared workspaces, or team management features; each User Account is strictly personal to one individually identified natural person, and subscription quotas, limits, and dataset access apply on a per-account basis. Unless otherwise agreed in writing, each licence may be used only by one individually identified natural person. Access to the User Account requires mandatory two-factor authentication (2FA) via a supported time-based one-time password (TOTP) authenticator application, which must be configured upon first sign-in and cannot be disabled.

2.2. The User may not make its User Account or access credentials available to any other person, share the User Account with another person, or permit more than one person to use the same licence, even where such persons belong to the same organisation. User Content, targets, notes, reminders, and lists recorded within a User Account are strictly isolated to that specific account and are not shared with, visible to, or accessible by any other User Account, including User Accounts belonging to colleagues or employees of the same organization.

2.3. The User shall keep its access credentials confidential and secure and shall notify the Service Provider without undue delay of any actual or suspected unauthorised access. Any modification, suspension, or deletion of a User Account may be performed solely by the Service Provider upon the User’s or the sponsoring organisation’s verified request. In the event of unauthorised account sharing or security compromise, the Service Provider may restrict or suspend access or, in the case of serious or repeated misuse, terminate access.

3. Technical Requirements, Subscription and Fees

3.1. The User is responsible for ensuring that it has an appropriate internet connection, device, operating system and supported browser necessary to use the Software. The current technical requirements are: a modern web browser with JavaScript and cookies enabled, an active internet connection, and a time-based one-time password (TOTP) authenticator application for mandatory two-factor authentication..

3.2. The subscription plans available from time to time, their scope and applicable fees are published by the Service Provider at: www.markednest.com. Unless otherwise stated, all fees are quoted and payable in EUR and are exempt from value-added tax (VAT) pursuant to the Service Provider’s small business tax exemption status (“alanyi adómentesség”). If the Service Provider becomes subject to VAT or if applicable law requires the collection of VAT or other taxes, such taxes will be added to the fees at the statutory rate.

3.3. Unless otherwise specified, subscriptions renew automatically. Automatic renewal may be disabled before the commencement of the next subscription period. Cancellation does not affect a subscription period that has already commenced and been paid for, and fees paid for such period are non-refundable unless mandatory law provides otherwise.

4. User Content and Personal Data

4.1. The User is responsible for all data and content uploaded to or recorded in the Software by the User (“User Content”), and for ensuring that it has a valid legal basis, permission or other lawful entitlement to use and, where personal data is concerned, process such User Content, and that the User Content does not infringe the rights of any third party or applicable law.

4.2. The User may not enter special categories of personal data into the Software. The User is responsible for ensuring that no such data is entered in connection with its use of the Software and acknowledges that the Software may not warn the User of, detect or prevent the entry of such data.

4.3. No rights in User Content are transferred to the Service Provider. The User grants the Service Provider a limited, non-exclusive right, strictly to the extent necessary for the provision and maintenance of the Software, to host, store, copy and process User Content. Information on the processing of personal data by the Service Provider is provided in the Service Provider’s Privacy Notice referred to in Section 12.

5. Prohibited Use

5.1. The User may use the Software only lawfully and for its intended purpose. In particular, the User may not circumvent access or security restrictions of the Software, carry out unauthorised automated or bulk data extraction, access or attempt to access another User’s account or data without authorisation, jeopardise the operation of the Software, or unlawfully copy or resell the Software or any material part of its functionality. The User may use Software Results and the Service Provider’s dataset solely for its own internal business purposes. The User shall not sublicense, resell, redistribute, publish, or publicly disclose Software Results or the dataset, nor use them for credit scoring, employee surveillance, profiling, or re-identification, nor combine them with other datasets to train artificial intelligence or machine learning models. The User remains solely responsible for compliance with direct marketing regulations (including Act XLVIII of 2008 on the Basic Requirements and Certain Restrictions of Commercial Advertising Activities – Grtv.) when contacting individuals identified through the Software.

5.2. Software Results may not be used as the sole basis for any decision concerning a natural person that has significant legal or other material consequences for that person.

5.3. The User shall not scrape, extract, or replicate the dataset or software architecture to create a competing product.

6. Web Monitoring and Use of Software Results

6.1. Web Monitoring may search, monitor and process publicly available online sources published by third parties. The Service Provider does not guarantee any continuous, uninterrupted, or scheduled monitoring frequency. Scanning operations may be executed periodically or manually at the Service Provider’s sole discretion. The User’s visibility and access to upcoming conferences, speaking engagements, and events through the Software are limited to a maximum lookahead window of sixty (60) days prior to the scheduled date of the relevant event.

6.2. Information identified, collected, summarised or displayed through Web Monitoring (“Software Results”) is not guaranteed to be complete, accurate, current or error-free. The Software may not identify every relevant source or item of information. The absence of a result does not, in itself, establish the absence of any event, circumstance or information. Software Results are based on automated text-matching of publicly available third-party sources and may contain outdated, incomplete or incorrect information. The User shall not rely on Software Results without independent manual verification appropriate to the context.

6.3. Software Results are provided for informational and work-support purposes only and do not constitute legal, financial, tax, investment or other professional advice. The User shall independently verify Software Results to an extent appropriate to the significance of the relevant decision. The User is responsible for any business or other decision made or omitted on the basis of Software Results and for the consequences thereof.

7. Third-Party Services, Beta Status and Availability

7.1. The Software may rely on technologies, services, data sources or websites provided by third parties. The operation of such third-party services is not entirely within the Service Provider’s control, and any modification, restriction or outage affecting them may also affect the functionalities of the Software.

7.2. During the beta period, the Software is provided in its then-current state on an “as is / as available” basis. The Service Provider does not warrant uninterrupted or error-free operation, any specified level of availability, response time or Web Monitoring frequency, or that any error will be corrected within a specified period. Unless otherwise agreed in writing, no service level agreement (SLA) applies.

7.3. The Service Provider may temporarily restrict, modify or suspend the Software or any of its functionalities for maintenance, development, security, legal, regulatory or technical reasons.

8. Intellectual Property and Feedback

8.1. All intellectual property rights in and to the Software and any elements created or lawfully used by the Service Provider are owned by the Service Provider or its licensors, as applicable. The User is granted only a limited, non-exclusive, non-transferable and non-sublicensable right to use the Software in accordance with these Terms.

8.2. The Service Provider may use, free of charge, any feedback voluntarily provided by the User regarding the Software for the purpose of developing and improving the Software.

9. Information Security and Security Incidents

9.1. The Service Provider implements technical and organisational measures appropriate in the circumstances to protect the Software and the data processed through it. The User acknowledges that absolute security cannot be guaranteed for any information technology service accessible over the internet.

9.2. The occurrence of unauthorised access, malicious attack, technical malfunction, data loss or any other security incident shall not, in itself, constitute a breach of contract by the Service Provider. The Service Provider shall be liable for loss arising from such an incident only where the statutory and contractual conditions of liability are satisfied, and its contractual liability shall be subject to the limitations set out in Section 11. This does not affect any obligations or liabilities of the Service Provider that may not be excluded or limited under applicable law. The Service Provider shall comply with its obligations under applicable data protection law in relation to any personal data breach.

9.3. The User shall adequately protect its own access credentials and shall not use the Software as the sole repository for particularly sensitive or critical data where the loss of such data would constitute an unacceptable risk for the User.

10. Suspension and Termination

10.1. The Service Provider may restrict or suspend access without prior notice if the User breaches these Terms, fails to pay any fee when due, its account may be used by an unauthorised person, the User jeopardises the security of the Software, or suspension is required for security, legal or regulatory reasons.

10.2. The Service Provider may terminate access with immediate effect in the event of a serious or repeated breach of these Terms, including, in particular, account sharing, unauthorised system use or security-related misuse.

10.3. The Service Provider may discontinue the beta programme in whole or in part. If the Service Provider permanently terminates a paid subscription before the end of the relevant subscription period for reasons not attributable to the User, the Service Provider shall refund the proportionate part of any prepaid fee corresponding to the unused subscription period within sixty (60) days from the effective date of termination. Such refund shall be processed using the original payment method without any interest, and the Service Provider shall not be responsible for any third-party payment processing or foreign exchange fees incurred by the User.

10.4. Where a subscription expires or is cancelled without renewal, the User shall retain access throughout the final paid day, and access shall cease at 00:00 on the following day, Budapest local time. If access ceases earlier due to account deactivation, termination of access or suspension for non-payment, the earlier cessation shall apply. The date on which access first ceases on any of these grounds shall be recorded by the Service Provider as the “Service End Date” and shall be the starting date for the thirty (30) day retention period below. From the Service End Date, Web Monitoring shall no longer be carried out on behalf of that User Account in respect of the persons recorded or followed within it.

10.5. The Service Provider shall retain the account-specific data described below for thirty (30) days from the Service End Date. If the User Account is reactivated within this period, the Service End Date shall be cleared and the scheduled deletion shall be cancelled. Any subsequent cessation of access on the grounds specified above shall start a new thirty (30) day retention period.

10.6. If the User Account is not reactivated within that thirty (30) day period, the following account-specific data shall be deleted during the next daily maintenance run: the persons and companies recorded by the User, its notes and reminders, the contact details it recorded, its favourites, exclusions and corrections, its Opportunity board entries and the list of persons it follows. The User Account itself shall be retained and shall be erased at the latest five (5) years after the Service End Date; invoices shall be retained as accounting records, together with the records the Service Provider is required to keep under applicable law as described in the Privacy Notice. If the User renews its subscription within that five-year period, the Service End Date shall be cleared and the existing User Account shall be available without the deleted data.

11. Liability

11.1. To the maximum extent permitted by applicable law, the Service Provider shall not be liable for any loss arising from the temporary unavailability or malfunction of the Software, any incompleteness, inaccuracy or outdated nature of Software Results, any decision made by the User on the basis thereof, the operation, outage or modification of any third-party service, any data loss or security incident attributable to the User, or any content published by a third party.

11.2. To the maximum extent permitted by applicable law, the Service Provider shall not be liable for loss of profit, loss of revenue, loss of business opportunity, business interruption, loss of goodwill or reputation, or any other indirect or consequential loss.

11.3. The Service Provider’s total aggregate contractual and non-contractual liability arising out of or in connection with these Terms or the use of the Software shall not exceed the total subscription fees actually paid by the relevant User during the twelve (12) months immediately preceding the event giving rise to the claim.

11.4. Nothing in this Section 11 excludes or limits liability where and to the extent that such exclusion or limitation is prohibited by applicable law, including, in particular, liability for damage caused intentionally or for breach of contract causing death, bodily injury or harm to health.

12. Data Protection

12.1. In respect of personal data exchanged between the parties for the purpose of concluding and performing this agreement, account management, billing and professional communications (including personal data of representatives, contact persons and account holders), each party acts as an independent data controller in compliance with applicable data protection laws, including Regulation (EU) 2016/679 (“GDPR”).

12.2. The User warrants that it has lawful entitlement to disclose the personal data of its representatives and contact persons to the Service Provider, and that such data subjects have been informed of such disclosure in accordance with applicable law.

12.3. Information on the scope of personal data processed by the Service Provider, the applicable legal bases, retention periods, data security measures, recipients, and data subject rights and remedies is provided in the Service Provider’s Privacy Notice, available at: https://www.markednest.com/legal/privacy. For data protection inquiries, the Service Provider may be contacted at: privacy@markednest.com.

13. Amendments to the Terms and Communications

13.1. The Service Provider makes the currently effective version of these Terms continuously available on its website in full, printable format, clearly indicating the effective date thereof.

13.2. The Service Provider may unilaterally amend these Terms at any time without the prior consent of the User. The Service Provider shall notify the User of any amendment in advance by publishing the amended Terms on its website, and/or through in-app notices within the Software, and/or by sending an electronic notification to the e-mail address registered to the User Account.

13.3. If the amendment materially infringes the User’s rights or legitimate interests, the User is entitled to terminate the agreement in writing within fifteen (15) days of the effective date of such amendment, provided that all subscription fees and charges accrued and due up to that date have been fully settled. The notice of termination must specifically identify the amendment deemed prejudicial by the User. If the Service Provider does not receive the User’s written notice of termination within the aforementioned 15-day period, the User shall be deemed to have fully and unconditionally accepted the amendment to the Terms. The User shall not be entitled to terminate the agreement under this Section if the amendment:

a) becomes necessary due to the introduction of a new functionality or service, and does not adversely affect the contractual terms of previously provided functionalities;

b) establishes more favorable terms or conditions for the use of the Software;

c) is required to correct contradictory, invalid, or ineffective provisions, typographical, drafting, or grammatical errors, or to align terminology; or

d) is required to comply with mandatory statutory changes, regulatory requirements, or decisions of a competent authority or court.

13.4. The Service Provider’s contact details are as follows: Company name: MarkedNest Kft.; Registered seat: 2013 Pomáz, Mogyoró utca 17.; Company registration number: 13-09-249044; Tax identification number: 33118910-1-13; E-mail: sales@markednest.com. The Service Provider may send notices relating to these Terms or the Software to the e-mail address associated with the User Account or through the Software interface.

14. Governing Law and Dispute Resolution

14.1. These Terms and the use of the Software shall be governed by Hungarian law.

14.2. To the extent permitted by applicable law, the parties submit to the exclusive jurisdiction of the competent court having jurisdiction at the registered office of the Service Provider in respect of any dispute arising out of or in connection with these Terms.

15. Final Provisions

15.1. If any provision of these Terms is or becomes invalid or unenforceable, this shall not affect the validity or enforceability of the remaining provisions.

15.2. The use of the Software shall be governed by these Terms and, where applicable, by any individual agreement, order or other contractual document entered into between the Service Provider and the User. In the event of any conflict, the provisions of the individual agreement or order shall prevail over these Terms.

15.3. Any provisions of these Terms which by their nature are intended to survive termination of the use of the Software or the subscription — including, in particular, provisions relating to intellectual property and liability — shall remain in force following such termination.

15.4. In matters not regulated by this document, Hungarian law shall apply.

15.5. This document shall be effective as of 10/30/2026 and shall remain in force until withdrawn.