Terms of Use and Software License

Effective October 11, 2026 · Last updated October 11, 2026

1. Who we are

Mark the Damage and Mark the Damage: Auto Recon are made and sold by Seek and Scale LLC, a Texas limited liability company (“we,” “us”). Mailing address: PO Box 1052, Georgetown, TX 78627. Email: [email protected].

In these Terms, “Mark the Damage” is our general photo-markup app for service techs, “Auto Recon” is Mark the Damage: Auto Recon, our version for automotive reconditioning, and “the App” means whichever of the two you buy or use.

2. Agreeing to these Terms

You agree to these Terms when you tick the “I agree” box at checkout, unlock a tester copy, or use the App. If you don’t agree, don’t buy or use it. If you buy for a business, you confirm you can agree for that business.

3. Who can buy

You must be at least 18 and able to enter a contract. The App is sold only to buyers in the United States. It is a tool for working adults and is not directed to children under 13.

4. What the App is

The App is a web app that runs in your phone’s browser. It lets you take or choose photos, mark them with circles, arrows and X marks, add notes or job details, and share or copy the marked picture. It works in current versions of Safari on iPhone and Chrome on Android. You need an internet connection to open it the first time, to unlock it, and to get updates. After that it can open and mark photos without a connection. Sending a picture uses your phone’s own apps and needs a connection.

Auto Recon also lets you enter a dealership or customer, vehicle year, make, model, VIN and stock number, which are printed on the picture. It can fill in the year, make and model from a VIN you enter (the “VIN decoder”). The VIN decoder needs a connection and uses public vehicle data from the US National Highway Traffic Safety Administration (NHTSA). That data can be incomplete or wrong, and some vehicles don’t decode. It is a convenience only. Check every detail against the vehicle before you rely on it or send it.

The free demo works the same but adds a “demo” band to pictures. Tester copies are given free for feedback and may be changed or ended.

5. Price and payment

Mark the Damage and Mark the Damage: Auto Recon each cost $17 per copy, one time, plus any sales tax that applies. The price shown on our website when you buy is the price you pay. It is not a subscription and you will not be charged again. Payments are processed by Stripe. We never see your full card number.

6. Getting your copy

When Stripe confirms your payment, the app unlocks on the phone you bought with and shows your unlock link. You can unlock it on another phone with that link or with the email you paid with. Crew purchases include one unlock link for each copy bought.

7. Your license

We give you a limited, non-exclusive, non-transferable license to use the App you bought for your personal or business work. One copy is for one person (for example, one technician), on the phones that person uses. You may not, except where the law doesn’t allow these limits:

• share, sell, rent or publish your unlock link or license, or let more people use it than the copies you bought;
• copy, resell, or host the App for others, or create a competing product from it;
• get around the license check or the demo band;
• use it to break the law or to violate anyone’s privacy or rights.

8. Ownership and other people’s software

We own the App and keep all rights not given to you in these Terms. Some parts, like the Inter font, are made by others and are covered by their own licenses. See Licenses.

9. Your photos and data

Your photos, marks, notes, and customer or vehicle details stay on your phone and are not sent to us. The one exception is a VIN you tap Decode on in Auto Recon, which is sent through our server to NHTSA to look up (see the Privacy Policy). The app does not keep photos after you leave it. Send or save what you need before you close it. Clearing your browser data removes your settings and unlock (you can unlock again with your link or email). You are responsible for the photos you take and share, for having the right to take and send them, and for following the laws that apply to your work. See the Privacy Policy.

10. Updates and support

Updates are included at no extra cost while the App is supported, and arrive the next time you open the app with a connection. We decide what updates contain. For help, email [email protected]. We aim to reply within 2 business days.

11. If we stop offering the App

If we stop supporting the App, we will post a notice on this website at least 30 days ahead. Copies already on your phone should keep working for as long as your browser supports them, but we can’t promise that. “One-time purchase” means you pay once. It does not mean the product will be supported forever.

12. Refunds

You can get a full refund within 30 days of buying. See the Refund Policy.

13. When we can refuse service

We may refuse to unlock, restore or support a copy if we reasonably believe it involves fraud, a chargeback, sharing beyond what was bought, or a serious break of these Terms. We won’t do this for any other reason.

14. Warranty disclaimer

The App is provided “as is” and “as available.” To the fullest extent the law allows, we disclaim all warranties, express or implied, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not promise that it will be error-free, uninterrupted, or work on every phone or browser, or that the VIN decoder will be accurate, complete or available.

The App is a communication tool. It does not inspect, diagnose, appraise or give professional advice. You are responsible for your own work, for checking vehicle details, and for what you tell your customers.

15. Limit of liability

To the fullest extent the law allows, we are not liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, data or business. Our total liability for any claim about the App is limited to the amount you paid for it.

Some places don’t allow these limits, so some may not apply to you.

16. Your responsibility to us

If someone makes a claim against us because you misused the App, broke the law, or infringed someone’s rights, you agree to cover our reasonable costs from that claim.

17. Disputes

If you have a problem, email [email protected] first and give us 30 days to fix it. Most problems end there. If not, either of us may bring a claim in small claims court. Otherwise, these Terms are governed by the laws of the State of Texas, and claims will be brought in the state or federal courts in Williamson County, Texas. Nothing here takes away consumer protections in the state where you live that can’t be waived.

18. Changes to these Terms

We may update these Terms. The version you agreed to at checkout applies to that purchase. If we make important changes, we will update the date above and post the new version here.

19. Everything else

If part of these Terms can’t be enforced, the rest still applies. If we don’t enforce a term right away, we can still enforce it later. You may not transfer these Terms. We may transfer them if the business is sold. We aren’t responsible for delays caused by events outside our control. Sections 7–9 and 13–19 continue after these Terms end. These Terms, with the Privacy Policy and Refund Policy, are the whole agreement between us about the App.

20. Contact

Seek and Scale LLC, PO Box 1052, Georgetown, TX 78627. [email protected].