Welcome to Market Scout. These Terms of Service ("Terms") govern your access to and use of the Market Scout platform, including our website, mobile application, and all related services (collectively, the "Platform"). By creating an account, accessing, or using the Platform, you agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.
If you do not agree to these Terms, you must not use the Platform. We reserve the right to refuse service to anyone for any reason at any time.
You must be at least 16 years of age to use the Platform. By using the Platform, you represent and warrant that you are at least 16 years old and have the legal capacity to enter into these Terms. If you are using the Platform on behalf of a business entity, you represent and warrant that you have the authority to bind that entity to these Terms.
To access certain features of the Platform, you must create an account. You agree to provide accurate, current, and complete information during registration and to keep your account information updated.
Each individual may maintain only one account. Creating multiple accounts to circumvent restrictions, abuse promotions, or manipulate the Platform (including scout rankings or review scores) is prohibited and may result in termination of all associated accounts.
Market Scout is a vendor intelligence platform that helps vendors discover, evaluate, and plan for farmers markets, craft fairs, and similar events across the United States. The Platform provides market data, scoring analytics, user-submitted reviews, season planning tools, and related features.
Market data displayed on the Platform, including but not limited to Marketing Presence Scores (MPS), vendor counts, capacity estimates, and other analytics, is provided for informational purposes only. While we strive for accuracy, we do not guarantee the completeness, reliability, or timeliness of any market data. Market conditions, schedules, and details change frequently, and you should verify critical information directly with market organizers before making business decisions.
The Platform provides data and tools to help vendors make informed decisions. We do not guarantee any specific business outcomes, including but not limited to revenue, foot traffic, vendor placement, or market acceptance. Market attendance and business performance depend on many factors outside our control.
During the Early Access period, your home state is included with your account at no cost. Additional states may be unlocked by contributing vendor reviews as described below. Market Scout reserves the right to modify, suspend, or discontinue the Early Access program, access tiers, or any features at any time with reasonable notice.
Access to additional states beyond your home state is earned by submitting vendor reviews. The number of reviews required and the duration of access are determined by Market Scout and may change at any time. Currently, 5 approved or pending reviews unlock one additional state for one year. Reviews that are rejected for violating content standards (see Section 6.4) do not count toward state access.
Access to community-submitted vendor reviews requires ongoing participation. Users must submit at least one vendor review within a rolling 7-day period to maintain access to community review content. Rejected reviews do not satisfy this requirement. Market Scout reserves the right to modify these participation requirements at any time.
Market Scout may introduce paid features, subscriptions, or other monetization in the future. Any paid features will be clearly identified before purchase. Access granted during the Early Access period may be subject to change, and Market Scout will provide reasonable notice of any material changes to access terms.
Review-earned access, state unlocks, and all Early Access benefits have no monetary or redeemable value. They cannot be transferred, sold, or exchanged. Market Scout may revoke access at any time for violation of these Terms.
"User Content" means any content you submit to the Platform, including but not limited to reviews, ratings, scout reports, photos, text, feedback, vendor count estimates, revenue range selections, foot traffic observations, and any other information you provide through forms, modals, or other input mechanisms.
By submitting User Content to the Platform, you grant Market Scout a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, transferable, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, display, and otherwise exploit your User Content in any form, media, or technology now known or later developed, for any purpose, including but not limited to:
You represent and warrant that:
User Content must comply with the following standards:
We reserve the right to remove or modify any User Content that violates these Terms or that we believe, in our sole discretion, is harmful, inaccurate, or inappropriate. We are not obligated to monitor User Content but may do so at our discretion.
You agree not to:
The Platform and its entire contents, features, functionality, and underlying technology (including but not limited to software, code, databases, market data, Marketing Presence Scores, scoring algorithms, user interface designs, text, graphics, logos, and trademarks) are owned by Market Scout, its licensors, or other providers and are protected by United States and international intellectual property laws.
Nothing in these Terms grants you any right, title, or interest in the Platform or our intellectual property except for the limited license to use the Platform as described herein.
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform for your personal, non-commercial purposes (or for your internal business purposes as a vendor evaluating markets). This license does not include the right to:
Our compiled market database, including but not limited to market listings, Marketing Presence Scores, Scout Scores, vendor counts, capacity calculations, enrichment data, economic analysis, shopper pulse analysis, AI-generated strategy content, and all derived analytics, constitutes a proprietary dataset and is protected as a compilation under applicable copyright and database rights. Individual market facts (names, addresses, dates) are not claimed as proprietary, but our selection, coordination, arrangement, scoring, enrichment, and analysis of such data is.
All data displayed on the Platform is licensed to you solely for personal, on-screen viewing for the purpose of evaluating markets as a vendor. This license is:
Unauthorized access to, collection of, or use of Platform data constitutes a violation of these Terms and may also constitute a violation of the Computer Fraud and Abuse Act (18 U.S.C. § 1030), the Digital Millennium Copyright Act, and applicable state computer crime laws. Market Scout reserves the right to pursue all available legal remedies, including but not limited to: injunctive relief, actual damages, statutory damages, disgorgement of profits, and attorneys' fees. We actively monitor for unauthorized data collection and will pursue legal action against violators.
Any feedback, suggestions, or ideas you provide to us about the Platform ("Feedback") will be considered non-confidential and non-proprietary. We are free to use such Feedback for any purpose without compensation or attribution to you.
The Platform includes a gamified scout ranking system. By participating in the scout program:
The Platform may integrate with or contain links to third-party services, including but not limited to payment processors, map services (Leaflet, Google Maps/Places), authentication providers, and market organizer websites. We are not responsible for the availability, accuracy, or content of third-party services, and your use of such services is governed by their respective terms and policies.
THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT: (A) THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (B) THE RESULTS OBTAINED FROM THE USE OF THE PLATFORM WILL BE ACCURATE OR RELIABLE; (C) MARKET DATA, INCLUDING MPS SCORES, VENDOR COUNTS, CAPACITY ESTIMATES, AND OTHER ANALYTICS, ARE COMPLETE, ACCURATE, OR CURRENT; OR (D) ANY ERRORS IN THE PLATFORM WILL BE CORRECTED.
Market schedules, locations, vendor requirements, booth fees, and other details change frequently. You acknowledge that market information on the Platform may be outdated, incomplete, or inaccurate, and you agree to verify all critical information directly with market organizers. We are not liable for any losses resulting from reliance on Platform data.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MARKET SCOUT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO: LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES; COST OF SUBSTITUTE SERVICES; OR DAMAGES RESULTING FROM YOUR USE OF OR INABILITY TO USE THE PLATFORM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE PLATFORM SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU HAVE PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) FIFTY DOLLARS ($50.00).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to indemnify, defend, and hold harmless Market Scout, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:
You may deactivate your account at any time through your account settings or by contacting us at support@marketscoutapp.pro. Upon account deactivation, your right to access the Platform ceases. See our Privacy Policy for information about data retention after account deletion.
We may suspend or terminate your account and access to the Platform at any time, with or without cause and with or without notice, including but not limited to situations where:
Upon termination: (a) your license to use the Platform immediately terminates; (b) you remain liable for any obligations incurred prior to termination; (c) we retain our license to your User Content as described in Section 6.2; (d) Review-earned state access is forfeited upon termination for cause. Sections 6.2, 8, 11, 12, 13, and 16 survive termination.
We reserve the right to modify these Terms at any time. Material changes will be communicated by posting the updated Terms on the Platform and updating the "Last Updated" date. For significant changes, we may also provide notice via email. Your continued use of the Platform after any modifications constitutes your acceptance of the updated Terms. If you do not agree to the modified Terms, you must stop using the Platform.
These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to its conflict of law provisions.
Before filing any formal legal claim, you agree to first contact us at support@marketscoutapp.pro and attempt to resolve the dispute informally for at least 30 days.
If informal resolution fails, any dispute arising out of or relating to these Terms or the Platform shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitration shall take place in Essex County, Massachusetts. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
YOU AND MARKET SCOUT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION.
Notwithstanding the above, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect intellectual property rights.
These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire agreement between you and Market Scout concerning the Platform.
If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.
You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction.
We shall not be liable for any failure or delay in performing our obligations due to circumstances beyond our reasonable control, including but not limited to natural disasters, acts of government, internet outages, or pandemics.
We may provide notices to you via email to the address associated with your account, through the Platform, or by other reasonable means. Notices from you to us should be sent to support@marketscoutapp.pro.
For questions about these Terms of Service, please contact:
Market Scout
16a Gail Ave, South Hamilton, MA 01982
Email: support@marketscoutapp.pro
Phone: 978-325-0098