Terms of Service

1. Definitions

• "Service" means the website at themarkplatform.com, all related subdomains, APIs, mobile applications, integrations, and any content, features, or functionality offered through them.
• "Company", "we", "our", or "us" means The Mark Platform, its authors, owners, operators, directors, officers, employees, contractors, and affiliates.
• "User", "you", or "your" means any individual or entity that accesses or uses the Service.
• "User Content" means all data, text, information, and materials that you create, upload, submit, or store through the Service.
• "Protected Parties" means the Company and its authors, owners, founders, directors, officers, employees, contractors, agents, licensors, suppliers, successors, and assigns.

2. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and the Company governing your access to and use of the Service. By accessing or using the Service in any way — including browsing, registering, or using any feature — you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

3. Eligibility

You must be at least 16 years of age and legally capable of forming a binding contract in your jurisdiction to use the Service. By using the Service, you represent and warrant that you meet these requirements. If you do not meet these requirements, you must not access or use the Service.

4. Account Registration & Security

• You must provide accurate, complete, and current information during registration and keep it updated.
• You are solely responsible for maintaining the confidentiality and security of your account credentials, including your password and any OAuth tokens.
• You are solely responsible for all activity that occurs under your account, whether or not authorized by you.
• You must notify us immediately at hello@themarkplatform.com of any unauthorized use of your account or any other security breach.
• You may not create more than one free account per person. We reserve the right to terminate duplicate or fraudulent accounts without notice.
• The Company will not be liable for any loss or damage arising from your failure to secure your account credentials.

5. Acceptable Use Policy

You agree not to use the Service to:

• Violate any applicable local, state, national, or international law or regulation
• Infringe upon the intellectual property rights, privacy rights, or other rights of any third party
• Upload, transmit, or distribute any malicious code, viruses, worms, trojans, or harmful software
• Attempt to gain unauthorized access to the Service, other accounts, computer systems, or networks connected to the Service
• Use automated tools, bots, scrapers, or crawlers to access, scrape, or harvest data from the Service without prior written permission
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Service
• Harass, abuse, threaten, stalk, or otherwise harm another user or any person
• Impersonate any person or entity, or falsely represent your affiliation with any person or entity
• Engage in any activity that disrupts, degrades, interferes with, or places an unreasonable burden on the Service or its infrastructure
• Resell, sublicense, lease, or distribute access to the Service without prior written authorization
• Use the Service to send unsolicited bulk communications (spam) or violate any anti-spam laws
• Collect or store personal data of other users without their express consent

We reserve the right to investigate and take appropriate action — including suspension or termination of your account — for any violation of this policy, at our sole discretion and without prior notice.

6. User Content & Intellectual Property

You retain ownership of all User Content you create within the Service. By using the Service, you grant us a limited, non-exclusive, worldwide, royalty-free license to store, display, reproduce, and process your User Content solely for the purpose of providing, maintaining, and improving the Service for you.

• We do not claim ownership of your User Content.
• We do not use your User Content for marketing, advertising, or AI model training without your explicit, opt-in consent.
• You represent and warrant that you own or have the necessary rights and permissions to submit all User Content and that your User Content does not infringe the rights of any third party.
• You are solely responsible for the accuracy, quality, integrity, legality, and appropriateness of all User Content.
• We reserve the right to remove or disable access to any User Content that we reasonably believe violates these Terms or applicable law.

The Service and its original content (excluding User Content), features, functionality, design, code, documentation, trademarks, and trade dress are and shall remain the exclusive property of the Company and its licensors, protected by copyright, trademark, patent, trade secret, and other intellectual property laws.

7. Subscription, Billing & Payments

Certain features of the Service require a paid subscription. By subscribing to a paid plan, you agree to the following:

• Subscriptions are billed in advance on a monthly or annual basis, depending on the plan you select.
• All fees are quoted in US Dollars (USD) unless otherwise stated.
• Payment is processed by our third-party payment processor. You agree to their terms of service and privacy policy.
• All fees are non-refundable except as explicitly described in our refund policy (Section 8).
• We reserve the right to change pricing at any time with at least 30 days’ notice via email or a prominent notice on the Service. Price changes will take effect at the start of your next billing cycle.
• If payment fails or is declined, we may suspend or restrict access to paid features. We are not liable for any loss resulting from service interruption due to payment failure.
• You may cancel your subscription at any time from your account settings. Your paid access will continue until the end of the current billing period. No partial refunds are provided for unused time within a billing cycle.
• Taxes (VAT, GST, sales tax) may apply based on your jurisdiction and are your responsibility.

8. Refund Policy

All paid plans include a 30-day free trial. You will not be charged during the trial period. If you cancel before the trial ends, you will not be billed. After the trial, your subscription will automatically convert to a paid plan. If you are unsatisfied within the first 30 calendar days of your first paid charge, contact us at hello@themarkplatform.com and we will issue a full refund. This guarantee applies only once per user and only to the first subscription payment. Subsequent renewals are not eligible for refunds. Refunds are processed within 10 business days.

9. Third-Party Services & Integrations

The Service may allow you to connect third-party services (analytics platforms, payment processors, social media accounts, advertising platforms, developer tools, etc.). By connecting a third-party integration:

• You authorize the Service to access and import data from the connected service on your behalf.
• You acknowledge that the third-party service is governed by its own terms of service and privacy policy, which are separate from ours.
• You are solely responsible for ensuring that your use of third-party integrations complies with the third party’s terms.
• We do not endorse, warrant, or guarantee the availability, accuracy, or reliability of any third-party service.
• The Protected Parties shall not be liable for any loss, damage, or disruption caused by the unavailability, errors, or security incidents of any third-party service, including but not limited to data loss, unauthorized access, or service outages.

10. Disclaimers of Warranties

11. Limitation of Liability

12. Indemnification

You agree to defend, indemnify, and hold harmless the Protected Parties from and against any and all claims, actions, demands, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees and court costs) arising from or related to:

• Your access to or use of the Service
• Your User Content or any data you submit, transmit, or store through the Service
• Your violation of these Terms or any applicable law or regulation
• Your violation or infringement of any rights of any third party, including intellectual property rights, privacy rights, or publicity rights
• Any claim by a third party related to your use of the Service or User Content
• Your use of any information, guidance, recommendations, or templates obtained through the Service
• Your connection or use of any third-party integration through the Service

This indemnification obligation shall survive the termination or expiration of these Terms and your use of the Service.

13. Assumption of Risk

By using the Service, you expressly acknowledge and agree that:

• Your use of the Service is entirely at your own risk.
• You are solely responsible for evaluating the suitability, accuracy, and completeness of any information, guidance, templates, or recommendations provided through the Service before relying on them for any business decision.
• The Service is not a substitute for professional marketing, legal, financial, or business advice. You should consult qualified professionals before making significant business decisions.
• No information provided through the Service creates a fiduciary, advisory, professional, or consultancy relationship between you and the Company.
• Internet-based services are inherently subject to risks including but not limited to: data loss, security breaches, service interruptions, and unauthorized access. You accept these inherent risks.
• You are solely responsible for maintaining independent backups of your data and User Content.

14. Termination

We may suspend or terminate your account and access to the Service at any time, with or without notice, for any reason at our sole discretion, including but not limited to:

• Violation of these Terms or any applicable law
• Fraudulent, abusive, or harmful conduct
• Failure to pay applicable fees
• Extended periods of inactivity
• Requests by law enforcement or government agencies
• Discontinuation or material modification of the Service

Upon termination: (a) your right to use the Service will immediately cease; (b) we may delete your account and User Content after a 30-day grace period, unless legally required to retain it; (c) all provisions of these Terms that by their nature should survive termination shall survive, including but not limited to Sections 6, 10, 11, 12, 13, 16, and 17.

You may delete your account at any time from your account settings. Account deletion is subject to our data retention policy as described in our Privacy Policy.

15. Service Availability & Modifications

We reserve the right to modify, suspend, or discontinue the Service (or any part thereof) at any time, with or without notice, and without liability to you. We may perform scheduled or unscheduled maintenance that may result in service interruptions. We shall not be liable for any downtime, service interruption, data loss, or other damage resulting from maintenance, modifications, or discontinuation of the Service.

16. Governing Law & Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which the Company is incorporated, without regard to its conflict of law provisions.

Mandatory arbitration: Any dispute, claim, or controversy arising from or related to these Terms or the Service shall be resolved through binding arbitration in accordance with the rules of a recognized arbitration body in the Company’s jurisdiction. Arbitration shall be conducted in English. The arbitrator’s decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

Class action waiver: YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. You expressly waive your right to participate in a class action lawsuit or class-wide arbitration against the Company.

Time limitation: Any claim arising from or related to these Terms or the Service must be filed within one (1) year after the cause of action arises. Claims filed after this period shall be permanently barred.

17. General Provisions

• Entire agreement: These Terms, together with the Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and the Company regarding the Service and supersede all prior agreements, communications, and understandings.
• Severability: If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.
• Waiver: The failure of the Company to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by the Company.
• Assignment: You may not assign or transfer these Terms or your rights under them without prior written consent from the Company. The Company may assign these Terms without restriction.
• Force majeure: The Company shall not be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including but not limited to natural disasters, wars, terrorism, pandemics, government actions, power failures, internet or telecommunications failures, DDoS attacks, or other cyberattacks.
• No third-party beneficiaries: These Terms do not create any rights for any third party, and no third party may enforce any provision of these Terms.
• Headings: Section headings are for convenience only and shall not affect the interpretation of these Terms.

18. Changes to These Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by email or a prominent notice on the Service at least 14 days before the changes take effect. Your continued use of the Service after the effective date of the revised Terms constitutes acceptance. If you do not agree with the updated Terms, you must stop using the Service and delete your account.

19. Contact Us

For questions about these Terms, contact us at:

• Email: hello@themarkplatform.com
• Contact form: themarkplatform.com/contact