Terms of Service
Last updated
DRAFT — requires legal review before launch. This is template seed copy from a public SaaS source; it has not been reviewed by counsel. Do not rely on it as legal advice.
1. Introduction
These Terms of Service ("Terms") govern your access to and use of Marketing Operator (the "Service"), operated by Marketing Operator (pre-incorporation — not a registered entity) ("we", "us", "our"). By creating an account, accessing, or using the Service, you ("Customer", "you") agree to be bound by these Terms. If you do not agree, do not use the Service.
2. Account registration and eligibility
You must be at least 16 years old (or the age of digital consent in your jurisdiction, whichever is greater) and capable of entering into a binding contract to use the Service. You agree to provide accurate registration information and to keep it up to date. You are responsible for all activity under your account, for safeguarding your password, and for promptly notifying us at support@marketingoperator.ai if you suspect unauthorised access.
3. Subscription, billing, and credits
The Service is offered on a subscription basis and through pay-as-you-go credit packages. Subscription fees are billed in advance for each billing period (monthly or annual, as you select at checkout). Credits are consumed when you generate ads, run research jobs, or trigger other paid actions, and are deducted server-side from your account balance.
We may adjust pricing with at least thirty (30) days' written notice (email to your registered address is sufficient); price changes take effect at the start of your next billing period after the notice period elapses. All fees are exclusive of taxes, which you are responsible for unless we collect them on your behalf.
4. Your content and licence to us
You retain all ownership of the content you submit to the Service ("Customer Content"), including the inputs you provide to AI generations, the URLs you submit for site-content import or research, and any media or text you upload.
You grant us a limited, worldwide, non-exclusive, royalty-free licence to host, copy, transmit, transform, and display Customer Content solely as necessary to operate, maintain, and improve the Service for you. This licence ends when you delete the content or close your account, except where retention is required by law or by Section 9 (account deletion grace period).
You represent and warrant that you have the rights necessary to submit Customer Content and to grant the licence above, and that Customer Content does not infringe third-party rights or violate applicable law.
5. AI-generated outputs
The Service uses third-party AI providers (disclosed in our Privacy Policy) to generate text, images, and videos based on your inputs. Subject to your compliance with these Terms and the underlying provider's terms, you own the outputs we generate for you for your account. You acknowledge that AI outputs may be inaccurate, biased, or substantially similar to outputs produced for other users from similar inputs, and that you are responsible for reviewing outputs before public use.
6. Acceptable use
Your use of the Service must comply with our Acceptable Use Policy. Violations may result in suspension, termination, and removal of Customer Content without refund.
7. Refunds
Subscription and credit-package refunds are governed by our Refund Policy. Disputes should be sent to support@marketingoperator.ai before initiating a chargeback.
8. Intellectual property in the Service
The Service, including its software, design, trademarks, and documentation, is owned by Marketing Operator (pre-incorporation — not a registered entity) and licensed (not sold) to you for the duration of your subscription. You may not reverse engineer the Service, attempt to extract model weights or system prompts, scrape the Service in violation of these Terms, or use it to build a competing product.
9. Account termination and grace period
You may close your account at any time from your account settings. When you initiate deletion, your account enters a thirty (30) day grace period during which you may sign in to restore it. After the grace period, your data is permanently deleted (except aggregated, anonymised analytics and audit records required for our security and compliance obligations).
We may suspend or terminate your access immediately, without notice, if you breach these Terms, fail to pay fees due, or use the Service in a manner that creates legal or operational risk for us or other users. Suspension for non-payment is reversed when fees are settled.
10. Disclaimer of warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE. WE DO NOT WARRANT THE ACCURACY, RELIABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE OF AI-GENERATED OUTPUTS.
11. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICE IS LIMITED TO THE GREATER OF (A) THE FEES YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (USD 100). WE WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, OR DATA. NOTHING IN THESE TERMS LIMITS LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW.
12. Indemnification
You agree to indemnify and hold harmless Marketing Operator (pre-incorporation — not a registered entity), its officers, employees, and agents from any claim, demand, or damages arising from your Customer Content, your use of the Service in violation of these Terms or the Acceptable Use Policy, or your violation of any third-party right or applicable law.
13. Governing law and dispute resolution
These Terms are governed by the laws of the jurisdiction where Marketing Operator (pre-incorporation — not a registered entity) is registered, without regard to conflict-of-laws principles. The parties agree to attempt good-faith resolution of disputes by writing to support@marketingoperator.ai before initiating formal proceedings. Where the parties cannot agree, the courts of that jurisdiction have exclusive jurisdiction, except that we may seek injunctive relief in any competent court to protect our intellectual property.
14. Changes to these Terms
We may update these Terms from time to time. Material changes will be announced by email to your registered address and by an in-app notice at least thirty (30) days before the change takes effect. Continued use of the Service after the effective date constitutes acceptance of the updated Terms.
15. Contact
Questions about these Terms? Email support@marketingoperator.ai.