Terms of Service

Effective July 7, 2026

These terms are a binding agreement between you and BCK Systems LLC, the company that operates Marivant ("Marivant," "we," "us," "our"). They govern the public website at marivant.io and the Marivant platform at app.marivant.io (together, the "Services"). By clicking to accept these terms, or by accessing or using the Services, you agree to them. If you do not agree, do not use the Services.

Marivant is a business tool for licensed yacht brokerages and their staff — not a consumer product. If you use the Services for a brokerage, you represent that you are authorized to accept these terms on its behalf, and "you" means both you and that brokerage.

1. Definitions

A few terms are used throughout:

• Customer — the brokerage on whose behalf the Services are used. Authorized User — a named individual at the Customer whom we have given access.
• Customer Data — the client records, notes, saved searches, shortlists, brochures, and other working materials you and your team put into the platform. Customer Data does not include Contributed Market Data.
• Contributed Market Data — sold-price and sale-status information you choose to contribute to the shared market dataset — for example by reporting a sale or electing to share a closed deal — together with the vessel, sale date, and the price-sharing level you select for that record.
• Outputs — the analysis, valuations, comparables, briefs, brochures, and other material the Services generate for you, including with AI assistance.
• Beta Period — the time during which the Services (or a feature) are offered as a private beta, before any general release or paid order.
• Feedback — suggestions, bug reports, and ideas you give us about the Services.

2. The Services and beta status

Marivant provides market-intelligence software for yacht brokerages: search and analytics over vessel-market data, client matching, document generation, and related AI-assisted tools. The platform is account-gated and currently offered as a private beta by application. During the Beta Period:

• Access is provided for you to evaluate the Services for your business — it is not a finished, production-grade commitment.
• We make no uptime, availability, or support-response commitment (no service-level agreement). Features may be added, changed, limited, or removed at any time, and we may modify, suspend, or discontinue the beta — in whole or in part — with reasonable effort to let you know.
• We do not guarantee that Customer Data or Outputs created during the beta will be preserved, migrated, or exportable into any future version. Please keep your own copy of anything you cannot afford to lose.

The Beta Period ends when we release the Services generally, tell you in writing, or you sign a paid order — whichever comes first.

3. Accounts and eligibility

Accounts are for individual, named Authorized Users at an onboarded brokerage, and may not be shared. Keep your credentials confidential and your details accurate, and tell us promptly at brennan@marivant.io if you suspect unauthorized use. You are responsible for everything that happens under your account and for your team's compliance with these terms. You must be at least 18 and use the Services only where doing so is lawful.

4. Acceptable use

You may use the Services only through the interfaces we provide, for your brokerage's own internal business. You agree not to, and not to let anyone else:

• Scrape, crawl, spider, harvest, or bulk-extract any content or data from the Services by any means — including bots, headless browsers, scripts, browser extensions, or AI agents acting on your behalf — or access the Services by any other automated process;
• Reverse-engineer, decompile, disassemble, or otherwise try to discover or recreate the source code, models, prompts, data structures, or underlying methods of the Services, except to the narrow extent this restriction is prohibited by applicable law;
• Use the Services, or any Outputs from them, to benchmark against, or to design, build, train, or improve a competing product, service, model, or dataset, or for any competitive analysis of the Services;
• Share your access, credentials, screenshots, market analyses, or Outputs with any other brokerage or competitor — the beta includes brokerages who compete with each other, so this applies even to showing a single report or screen to a colleague at another firm;
• Use any content or data from the Services to train machine-learning or AI models, or resell, redistribute, sublicense, or make the Services or their data available to any third party;
• Probe, scan, or test the vulnerability of the Services, circumvent rate limits or access controls, overload the platform, or interfere with other customers' use;
• Use the Services to violate any law or third party's rights, or to send unsolicited communications.

These restrictions are conditions of your license in §6. We may throttle, suspend, or terminate access immediately for a violation of this section. Automated requests to the public website are likewise governed by our robots directives, which disallow crawling of the platform entirely.

5. Your data and your responsibilities

Customer Data remains your property. You grant us a limited, worldwide license to host, process, and display Customer Data solely to provide and support the Services for you and to generate your Outputs. We do not show one brokerage's Customer Data to another, and we handle personal information as described in the Privacy Policy.

Because brokerages put their own clients' information into the platform, you represent and warrant that you have all rights, permissions, and a lawful basis to provide the Customer Data you upload — including personal information about your buyers and sellers — and that our processing of it on your instructions will not violate any law or agreement. We do not independently verify Customer Data and are not responsible for its accuracy or legality. If you are subject to the GDPR, CCPA/CPRA, or similar laws and need a data-processing addendum, one is available on request.

Contributed Market Data — the member co-op

Marivant includes a sold-data co-op: brokerages contribute sold-price information and, in return, see the pooled market record. Contribution is always a choice, made per record — nothing you close or upload is shared unless you elect to share it, and for each record you choose how much of the price is visible: the exact price, a price band, or "sold — price undisclosed."

• Members only, never attributed. Contributed Market Data is visible only inside the member pool — to other participating brokerages — and never publicly. It is shown de-identified: never with your name, your firm, or your client attached. We do not sell it or license it to anyone outside the pool.
• Small-pool honesty. While the pool is small, we hold first-party contributions privately to your brokerage and release them to the pool only once enough brokerages participate that individual sources are not apparent. Even then, in a thin market a sophisticated member may sometimes infer a source from the vessel itself — de-identification hides the attribution, not the sale.
• Never used against you. We will not use your Contributed Market Data to solicit your clients, to target you, or to advantage another brokerage against you specifically. It feeds shared comparables and aggregate statistics — nothing else.
• Your license to us. You grant us a non-exclusive license to include Contributed Market Data, de-identified, in the shared market dataset, in comparables, and in aggregated analytics. You may retract a contributed record at any time in the product; retraction removes it from the shared dataset, though statistics already computed from it may persist in aggregate form.
• Your warranty. You represent that you have the right to contribute each record — including under any listing-service, association, or confidentiality obligation you are subject to — and that contributing it breaches no agreement with your client.

6. Our property and your license

The Services — software, design, branding, methodology, and all content we provide, including the aggregated market data and analytics — are owned by BCK Systems LLC or its licensors and are protected by intellectual-property law. We grant you a limited, non-exclusive, non-transferable, non-sublicensable right to access and use the Services, through the interfaces we provide, for your brokerage's internal business while your account is in good standing and these terms are in effect. No other rights are granted.

You may use the Outputs the Services generate for your ordinary internal business (advising your clients, preparing your listings and briefs). We retain all rights in the underlying software, models, and methods that produce Outputs, and nothing here transfers ownership of them to you. You get no rights in the Marivant name or marks beyond identifying yourself as a user.

7. Feedback

If you give us Feedback, we may use it without restriction or obligation — to operate and improve the Services and otherwise — with no compensation or attribution to you. Feedback is not your Confidential Information.

8. Confidentiality

Each of us may learn non-public information about the other through the Services — on our side, beta features, pricing, and roadmap; on yours, your Customer Data and the strategy revealed by your searches and Outputs. Each side will keep the other's confidential information secret, use it only as these terms allow, and protect it with at least reasonable care. This does not cover information that is or becomes public through no fault of the receiver, was already known without a duty of confidence, is independently developed, or is rightfully received from someone else — and it does not prevent a disclosure required by law, if the receiver gives reasonable notice where permitted. These duties continue for three years after the information is shared, and for as long as the information remains a trade secret.

9. Third-party services and subprocessors

The Services run on, and call, a small set of third-party infrastructure and AI providers, and their availability and output are subject to those providers' own terms. We choose reputable providers, pass them only what they need, and describe the current set in the Privacy Policy. We may change providers as the business evolves.

10. Market data and AI output — informational only

Market data in the Services is assembled from public sources and licensed feeds; it may be incomplete, delayed, or wrong, and we do not warrant its accuracy. Outputs — including AI-generated analysis, valuations, comparables, drafts, and briefs — are produced with automated and AI methods and may contain errors, omissions, or content that does not reflect real market conditions. They are decision support, not professional advice — not a marine survey, appraisal, or legal, tax, or investment advice, and they create no advisory or fiduciary relationship. You are the licensed professional: you are solely responsible for independently checking any Output before you rely on it, for the prices you recommend, and for what you tell your clients and send them.

11. Fees

Access during the Beta Period is provided free of charge, at our discretion, and does not obligate us to offer the Services free — or at all — afterward. If we introduce paid plans, we will not start charging you without your agreement to a written order and reasonable advance notice; any founding-partner or introductory pricing will be set out in that order, not in these terms. Once fees apply, they are exclusive of taxes, which are your responsibility.

12. Warranties and disclaimers

THE SERVICES AND ALL OUTPUTS ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY DATA OR AI OUTPUT WILL BE ACCURATE OR COMPLETE. ANY RELIANCE ON THE SERVICES OR OUTPUTS IS AT YOUR OWN RISK.

13. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, GOODWILL, OR DATA, ARISING FROM OR RELATED TO THE SERVICES. OUR TOTAL LIABILITY FOR ALL CLAIMS IN ANY TWELVE-MONTH PERIOD IS LIMITED TO THE AMOUNTS YOU PAID US FOR THE SERVICES IN THAT PERIOD, OR US $100 IF YOU HAVE PAID NOTHING. These limits do not apply to a party's liability for its indemnification obligations, breach of confidentiality, or its fraud, gross negligence, or willful misconduct.

14. Indemnification

You will defend and indemnify us against third-party claims arising from your Customer Data (including any claim that you lacked the rights or consents to provide it) or from your breach of §4 (Acceptable use) or §5. We will defend and indemnify you against third-party claims that the Services, as we provide them, infringe that party's intellectual-property rights — excluding claims arising from your Customer Data, your misuse of the Services, or their combination with anything we did not supply. In each case the indemnified party will give prompt notice, let the other control the defense, and cooperate reasonably; no settlement that imposes any obligation on the other party is valid without its consent.

15. Suspension

We may suspend your access — in whole or in part, and without ending this agreement — if we reasonably believe you have violated §4, if your use poses a security risk to the platform or other customers, if required by law, or (once fees apply) for non-payment past a reasonable grace period. Where the reason is security or legal, we may suspend immediately; otherwise we will give notice where practicable and restore access once the issue is resolved.

16. Term, termination, and survival

These terms apply while you use the Services. You may stop at any time. We may suspend or terminate access for breach of these terms (immediately, for §4 violations), for non-payment, or on reasonable notice if we discontinue the Services. On termination, your right to use the Services ends and Customer Data is handled per the Privacy Policy. Sections 1, 4–8, 10, 12–14, 16, and 18–20 survive termination.

17. Export controls and sanctions

You represent that you and your clients are not located in, and you will not access the Services from, a country or region subject to comprehensive U.S. sanctions, and that you are not on, or owned or controlled by anyone on, a U.S. restricted-party or sanctions list (such as the OFAC list of Specially Designated Nationals). You will use the Services in compliance with applicable export-control and sanctions laws. Given the nature of the yacht market, we may suspend or terminate access immediately, without notice, if a sanctions or export-control concern arises.

18. Changes to these terms

We may update these terms. We will post the current version with a new "Effective" date above, and for material changes — for example to fees, liability, or your rights in your data — we will notify active customers by email and, where appropriate, ask you to accept the updated terms before you keep using the Services. Immaterial changes take effect when posted.

19. Governing law and dispute resolution

These terms are governed by the laws of the State of California, USA, without regard to its conflict-of-laws rules.

Informal resolution first. If a dispute arises, the party with the concern will send the other written notice, and the parties will try in good faith to resolve it for 30 days before starting a formal proceeding.

Binding arbitration. Any dispute arising out of or relating to these terms or the Services that is not resolved informally will be settled by final and binding individual arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, before one arbitrator, seated in Riverside County, California, and conducted in English. The Federal Arbitration Act governs this section, and the arbitrator decides any question about the scope or enforceability of this arbitration agreement. Judgment on the award may be entered in any court of competent jurisdiction. The arbitration, the parties' submissions, and the award are confidential.

No class actions. Disputes will be brought only in an individual capacity, and not as a plaintiff or class member in any class, collective, consolidated, or representative proceeding; the arbitrator may not preside over more than one person's claims. If this class-action waiver is found unenforceable as to a particular claim, that claim (and only that claim) will proceed in court, not in class arbitration.

Carve-outs. Either party may still (a) bring a qualifying claim in small-claims court, and (b) seek a temporary restraining order, injunction, or other equitable relief from a court located in Riverside County, California to protect its intellectual property or confidential information — in each case without waiving this arbitration agreement.

20. General

Neither party is responsible for a failure or delay caused by events beyond its reasonable control (such as outages at our hosting or AI providers, internet failures, natural disasters, or government action); this does not excuse payment obligations. You may not assign these terms without our written consent; we may assign them to an affiliate or in connection with a merger, reorganization, or sale of our business. These terms, with the Privacy Policy and any order or onboarding agreement, are the entire agreement between us and supersede prior discussions. If a provision is unenforceable, it is narrowed to the minimum extent necessary and the rest stands. Our not enforcing a provision once is not a waiver of it. The parties are independent contractors; these terms create no partnership, agency, or joint venture. Notices to you may be sent to your account email; notices to us go to the address below.

21. Contact

BCK Systems LLC (operator of Marivant), a California limited liability company · Rancho Mirage, California · legal@marivant.io