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Marqeta retains exclusive ownership of all intellectual property in the platform, services, deliverables, and any enhancements, including improvements developed based on Customer feedback or suggestions. Customer receives a limited, non-exclusive, non-transferable, non-sublicensable license to use the services solely in connection with the contracted card program.
This analysis describes what Marqeta's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
This provision establishes that Customer feedback, enhancement requests, and recommendations become Marqeta's exclusive intellectual property. Customer's license to use the system and deliverables is narrowly scoped, non-transferable, and non-sublicensable, meaning Customer cannot assign platform access rights to third parties or subsidiaries beyond the terms of the agreement.
Under this clause, any suggestions or feedback Customer provides to Marqeta become Marqeta's exclusive intellectual property without compensation to Customer. Customer's right to use the system is limited to the specific services received under the agreement and cannot be transferred or sublicensed.
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"Marqeta owns all right, title, and interest, including all intellectual property rights, in and to the Deliverables, the Services, and the System and all derivatives thereof. Marqeta grants to Customer a royalty-free, non-exclusive, non-transferable, non-sublicensable, limited right and license to use the Deliverables, the Services, and the System exclusively in connection with Customer's receipt of the Services. ... Marqeta will be the sole and exclusive owner of all intellectual property rights in any Enhancement to the System or Services, including any suggestions, enhancement requests, recommendations or other feedback, and the Parties agree that any such Enhancement will not be a "work made for hire" or a "joint work of authorship" (each as defined under the United States Copyright Act).Excerpt from Marqeta's Terms of Use
1. REGULATORY LANDSCAPE: The assignment of Customer feedback and suggestions to Marqeta as sole intellectual property engages United States copyright law, specifically the work-made-for-hire and joint authorship doctrines under the Copyright Act. The agreement explicitly disclaims joint authorship status for enhancements developed from Customer input. Patent law may also be relevant if Customer suggestions lead to patentable innovations. 2. GOVERNANCE EXPOSURE: Medium. The feedback-to-IP assignment provision means Customer has no claim to innovations developed by Marqeta based on Customer's operational experience or suggestions. This is a common provision in SaaS and platform agreements but is operationally significant for customers who invest substantially in product development collaboration with Marqeta. The non-sublicensable license restriction limits Customer's ability to extend platform access to affiliates beyond the Affiliate definition in Section B(1)(a). 3. JURISDICTION FLAGS: The provision references the United States Copyright Act, establishing US copyright law as the governing framework for IP ownership characterization. For customers with non-US affiliates or cross-border service delivery, the interaction between US IP ownership terms and local IP law should be assessed. 4. CONTRACT AND VENDOR IMPLICATIONS: Procurement teams should assess whether the non-sublicensable license restriction conflicts with Customer's internal service delivery model, particularly where affiliates or subsidiaries are expected to use the Marqeta platform operationally. The agreement permits affiliate use under Section B(1)(a) but the IP license does not extend sublicensing rights. Any custom development work performed for Customer through the Deliverables category remains Marqeta's property, which has implications for Customer's technology asset accounting and vendor dependency assessments. 5. COMPLIANCE CONSIDERATIONS: Legal teams should review whether Customer's standard vendor agreements include reciprocal or alternative feedback IP provisions that conflict with this clause. Customers engaged in joint product development or innovation programs with Marqeta should assess whether separate written agreements are necessary to preserve any IP rights in Customer-originated concepts.
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This provision establishes that Customer feedback, enhancement requests, and recommendations become Marqeta's exclusive intellectual property. Customer's license to use the system and deliverables is narrowly scoped, non-transferable, and non-sublicensable, meaning Customer cannot assign platform access rights to third parties or subsidiaries beyond the terms of the agreement.
Under this clause, any suggestions or feedback Customer provides to Marqeta become Marqeta's exclusive intellectual property without compensation to Customer. Customer's right to use the system is limited to the specific services received under the agreement and cannot be transferred or sublicensed.
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