Markqit Terms of Service

1. Acceptance of Terms

By accessing or using the Markqit website (https://markqit.com) and the Markqit AI social media marketing platform (collectively, the "Service"), you agree to be bound by these Terms of Service and our Privacy Policy. 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. If you do not agree with these Terms, you must not access or use the Service.

2. Description of Service

Markqit is an AI-powered social media marketing platform that provides the following services: AI content generation (including text, images, videos, voiceovers, and music), auto-scheduling and publishing to social media platforms, AI-powered strategy optimization and content amplification, AI auto-replies for comments and messages, analytics and reporting, and team collaboration features. The specific features available to you depend on the subscription plan you select. Markqit reserves the right to modify, suspend, or discontinue any feature of the Service at any time with reasonable notice.

3. Account Registration

To use the Service, you must create an account by providing accurate, complete, and current information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify Markqit immediately of any unauthorized use of your account. Markqit is not liable for any loss or damage arising from your failure to protect your account credentials. You must be at least 16 years of age to create an account and use the Service.

4. Subscription Plans and Billing

Markqit offers paid subscription plans as described on our pricing page. By subscribing to a plan, you agree to pay the applicable fees. Subscriptions are billed on a recurring basis (monthly or annually) depending on the billing cycle you select. Fees are non-refundable except as required by law or as explicitly stated in these Terms. Markqit reserves the right to change pricing with 30 days advance notice. Price changes will not affect your current billing period but will apply at the start of your next billing cycle.

4.1 Free Trial

Markqit offers a 14-day free trial on all plans. During the free trial, you have full access to all features included in the selected plan. No credit card is required to start the trial. At the end of the trial period, you must subscribe to a paid plan to continue using the Service. If you do not subscribe, your access to the Service will be suspended.

4.2 Cancellation

You may cancel your subscription at any time from your account settings. Upon cancellation, your access to the Service continues until the end of your current billing period. After your billing period ends, your account will be downgraded and your data retained for 30 days. After 30 days, your data will be permanently deleted unless you reactivate your subscription.

5. AI-Generated Content

Markqit uses artificial intelligence to generate content including text, images, videos, voiceovers, and music. You retain ownership of all content generated through the Service using your prompts and inputs. Markqit does not claim ownership of your AI-generated content. However, you acknowledge that: AI-generated content may not always be accurate, appropriate, or suitable for your purposes; you are responsible for reviewing all AI-generated content before publishing or distributing it; similar or identical content may be generated for other users based on similar prompts; and AI-generated content should not be relied upon for legal, medical, financial, or other professional advice.

6. Acceptable Use

You agree not to use the Service to: generate content that is illegal, harmful, threatening, abusive, defamatory, or otherwise objectionable; impersonate any person or entity or misrepresent your affiliation with a person or entity; violate any applicable laws, regulations, or third-party rights; distribute spam, malware, or other harmful content through connected social media accounts; attempt to gain unauthorized access to the Service, other accounts, or computer systems; interfere with or disrupt the Service or servers or networks connected to the Service; use the Service to generate disinformation, deepfakes, or misleading content intended to deceive; or use the Service in any way that violates the terms of service of connected social media platforms.

7. Social Media Platform Compliance

When you connect your social media accounts to Markqit, you are responsible for complying with the terms of service, community guidelines, and policies of each social media platform. Markqit facilitates content publishing and engagement on these platforms but is not responsible for any actions taken by the platforms against your accounts, including suspension, restriction, or termination of your social media accounts.

8. Intellectual Property

The Markqit Service, including its design, code, algorithms, AI models, documentation, and branding, is the intellectual property of Markqit and is protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of the Service without our express written permission. The Markqit name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Markqit. You may not use such marks without our prior written permission.

9. Limitation of Liability

To the maximum extent permitted by law, Markqit and its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, or goodwill, arising out of or in connection with your use of the Service. In no event shall our total liability exceed the amount you have paid to Markqit in the twelve (12) months preceding the claim. This limitation applies regardless of the form of action, whether in contract, tort, strict liability, or otherwise.

10. Disclaimer of Warranties

The Service is provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Markqit does not warrant that the Service will be uninterrupted, secure, or error-free, that any defects will be corrected, or that the results obtained from the use of the Service (including AI-generated content) will be accurate, reliable, or suitable for your needs.

11. Indemnification

You agree to indemnify, defend, and hold harmless Markqit and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in any way connected with your access to or use of the Service, your violation of these Terms, your violation of any third-party rights, or content you publish through the Service.

12. Modifications to Terms

Markqit reserves the right to modify these Terms at any time. When we make material changes, we will update the "Last updated" date at the top of these Terms and notify you by email or through the Service. Your continued use of the Service after the effective date of any modifications constitutes your acceptance of the updated Terms. If you do not agree to the modified Terms, you must stop using the Service and cancel your subscription.

13. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions. Any disputes arising from or relating to these Terms or the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted in the English language. Either party may seek injunctive or other equitable relief in any court of competent jurisdiction.

14. Severability

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the original intent.

15. Contact Information

If you have any questions about these Terms of Service, please contact us at legal@markqit.com or visit our contact page at https://markqit.com/contact. For privacy-related inquiries, please refer to our Privacy Policy at https://markqit.com/privacy.