Master Services Agreement
Effective Date: February 2026
1. Introduction
This Master Services Agreement ("MSA") governs your use of the platform and services ("Services") provided by Verkh. By accessing or using our Services, you agree to comply with this MSA.
Verkh provides DMARC email authentication monitoring, analysis, and remediation services ("Services"). Our Services are designed to help organizations improve their email security posture and achieve DMARC enforcement.
2. Permitted Use
You may use the Services only for lawful purposes and in accordance with this MSA. Permitted uses include:
- Monitoring DMARC, SPF, and DKIM configurations for domains you own or are authorized to manage
- Analyzing DMARC aggregate reports for domains under your control
- Identifying and authorizing legitimate email sending sources
- Generating remediation reports and shareable dashboards (Apex links) for vendor coordination
- Managing email authentication for client domains under a valid reseller or partner agreement
3. Prohibited Activities
3.1 Legal & Intellectual Property Violations
You agree not to use the Services to violate any applicable law or regulation or to engage in fraud, deception, phishing, spoofing, or impersonation. Furthermore, you may not promote or facilitate illegal activities or goods, infringe upon third-party intellectual property rights, or use Verkh trademarks without authorization. The resale, sublicensing, redistribution, or creation of derivative works of the Services is strictly prohibited without a prior written agreement.
3.2 System Security & Integrity
You are prohibited from accessing accounts, systems, or data without authorization or circumventing security features, usage limits, and rate limiting. You may not probe, scan, or test system vulnerabilities without express written permission, nor may you share account credentials or API keys with unauthorized parties. Additionally, you agree not to distribute malware, viruses, or harmful code, or to perform or facilitate DoS/DDoS attacks that overload the infrastructure.
3.3 Reverse Engineering & Automated Access
You agree not to reverse engineer, decompile, disassemble, or extract source code from the Services. The use of bots, scrapers, crawlers, or other automated tools to systematically access or extract data beyond normal use is forbidden. You are also prohibited from monitoring or gathering intelligence on domains that you do not own or are not explicitly authorized to manage.
3.4 Competitive Misuse
The Services may not be used to attempt to obtain information about other Verkh customers or their specific configurations. You agree not to use the Services for competitive research or intelligence gathering. Additionally, you may not create unauthorized competitive comparisons or benchmarking using data derived from the Services.
3.5 Communications & Conduct
You agree not to use the Services to send or facilitate spam or any other form of unsolicited communications. Furthermore, you must not harass, threaten, or abuse other users or Verkh personnel.
4. Domain Ownership and Authorization
You represent and warrant that you have the legal right to add, monitor, and manage any domain within your Verkh account. This includes:
- Domains you own and control
- Domains for which you have written authorization from the owner
- Client domains managed under a valid service agreement
Verkh reserves the right to require proof of domain ownership or authorization at any time.
5. Limited Warranty
The Services will conform to the written specifications and descriptions. In the event the Verkh Services fail to conform to the specifications and descriptions, you must immediately notify Verkh in writing. Your exclusive remedy shall be termination of the Services or Verkh making reasonable attempts to modify the Services so that they conform. Verkh further warrants for your benefit alone, that Verkh owns the Services, including all associated intellectual property rights, and that as of the date of this MSA, to the best of Verkh's knowledge, the Services do not infringe any valid patents, copyrights, trademarks, or other proprietary rights of any third parties.
6. Limitation of Liability
EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVE, THE SERVICES ARE PROVIDED "AS IS," AND VERKH DISCLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR IMPLIED WARRANTIES ARISING FROM USAGE OF TRADE OR COURSE OF DEALING. IN NO EVENT SHALL VERKH, BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, OR SPECIAL DAMAGES OR DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL VERKH'S LIABILITY UNDER ANY OR ALL PROVISIONS OF THIS AGREEMENT FOR ALL CAUSES OF ACTION ON A CUMULATIVE BASIS EXCEED THE PAYMENTS ACTUALLY MADE TO VERKH UNDER THIS MSA DURING THE IMMEDIATELY PRECEDING 12 MONTH PERIOD, WHICHEVER IS GREATER. IN NO EVENT SHALL VERKH, BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY DAMAGES ARISING OUT OF THIRD-PARTY CONDUCT.
7. Force Majeure
Verkh shall be liable for any failure or delay in performing its obligations under this MSA if such failure or delay is caused by an event beyond its reasonable control, including but not limited to acts of God, war, strikes, government regulations, or natural disasters.
8. Reporting Violations
If you become aware of any violation of this MSA, please report it immediately to [email protected]. We take all reports seriously and will investigate promptly.
9. Enforcement
Verkh reserves the right to investigate suspected violations of this MSA. We may, at our sole discretion and without prior notice:
- Suspend or terminate your access to the Services
- Remove or disable access to content that violates this MSA
- Report violations to appropriate law enforcement authorities
- Take legal action to protect our rights and the rights of others
Verkh will not be liable for any damages resulting from enforcement actions taken in good faith.
10. Cancellation of Services and Refund Policy
You may cancel your subscription at any time through:
- Self-service: Log into your account, navigate to Settings > Billing, and click "Cancel Subscription"; or
- Email: Send a cancellation request to [email protected]
Upon cancellation, you will receive an email confirmation. Your access continues until the end of your current billing period (for non-refunded cancellations) or is terminated immediately (for refunded cancellations).
Refunds, if applicable are made in accordance with the Refund Policy and incorporated by reference.
If you are contracted with a Verkh Partner or Affiliate to receive Verkh services, your agreement with the Partner or Affiliate will dictate your refund policy.
11. Waiver
Failure by either Party to enforce at any time or for any period of time any provisions of this MSA shall not be construed as a waiver of such provisions and shall in no way affect a Party's right to later enforce such provisions.
12. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of California. The sole jurisdiction and venue for actions related to the subject matter hereof shall be California state or federal courts in the County of San Diego.
13. Dispute Resolution
In the event of any dispute arising out of or relating to this Agreement, the Parties shall attempt in good faith to resolve such dispute through informal means, including timely escalating of the dispute to senior management having full settlement authority. In this regard neither party may proceed with legal action of any kind if they have not first made such good faith attempt and such attempt shall include an in-person meeting between senior management having full settlement authority. If the dispute remains unresolved for 30 days and the Parties have exhausted the informal efforts described above; the Parties must participate in neutral mediation before pursuing other legal action. Such mediation shall be conducted in San Diego, California. The Parties shall each pay half of such mediation costs. If the dispute remains unresolved after the conclusion of mediation described above the matter will be submitted to final and binding arbitration under the American Arbitration Association Rules and before a single neutral arbitrator agreeable by the parties in San Diego, California.
14. Severability
In the event that any of the provisions of this Agreement shall be held by any court, arbitral panel or tribunal of competent jurisdiction to be unenforceable, such provision shall be enforced to the maximum extent permissible and the remaining portions of the Agreement shall remain in full force and effect.
15. Entire Agreement
This Agreement, including the documents and instruments referred to herein or contemplated hereby, embodies the entire agreement and understanding of the parties hereto in respect of the subject matter hereof. There are no restrictions, promises, representations, warranties, covenants or undertakings, other than those expressly set forth or referred to herein.
16. Changes to This Policy
We may update this MSA from time to time. We will notify you of material changes by posting the updated policy on our website and updating the "Effective Date" above. Your continued use of the Services after changes become effective constitutes acceptance of the revised MSA.
17. Contact Information
If you have questions about this Master Services Agreement, please contact us:
Verkh, LLC
4674 36th St
San Diego, CA 92116
Email: [email protected]