Terms of Service

Last updated: September 10, 2026

These Terms of Service ("Terms") form a binding agreement between you and Marketer ("Marketer", "we", "us") governing your access to and use of the Marketer mobile application, website, and related services (the "Service"). By creating an account or using the Service you agree to these Terms. If you do not agree, do not use the Service.

1. Eligibility

You must be at least 13 years old (or the minimum age of digital consent in your country) to use the Service. If you use the Service on behalf of an organization, you represent that you are authorized to bind that organization to these Terms.

2. Accounts

You are responsible for maintaining the confidentiality of your credentials and for all activity on your account. Notify us immediately of any unauthorized use.

3. Your Content

You retain ownership of the content you upload ("Your Content"). You grant Marketer a worldwide, non-exclusive, royalty-free license to host, store, reproduce, modify, create derivative works from, and transmit Your Content solely to operate and improve the Service and to provide it to you. You represent that you have all rights necessary to grant this license and that Your Content does not infringe any third-party rights or violate any law.

4. AI-Generated Output

The Service uses artificial intelligence to generate text, images, video, audio, and other outputs ("Output"). Subject to your compliance with these Terms, you own the Output generated for you, to the extent ownership is available under applicable law. You acknowledge that:

• Similar or identical Output may be generated for other users; we make no exclusivity guarantee.
• Output may be inaccurate, offensive, or otherwise not suitable for your purpose. You are solely responsible for reviewing and using Output.
• Output may not be eligible for copyright or trademark protection under some laws.
• You are responsible for ensuring Output does not infringe third-party rights and complies with the policies of any platform you publish to.

5. Acceptable Use

You agree not to, and not to help others:

• Violate any law or the rights of others.
• Upload or generate content that is unlawful, infringing, defamatory, harassing, hateful, sexually exploitative of minors, or that facilitates violence or self-harm.
• Attempt to reverse engineer, decompile, or interfere with the Service, or bypass any security or rate limits.
• Use the Service to build a competing product or to train machine learning models.
• Impersonate any person or misrepresent your affiliation.
• Send spam, run credential stuffing, or perform any automated abuse.
• Generate deceptive political content, deepfakes of real individuals without consent, or content that violates the terms of any connected platform.

We may investigate and take action, including suspension or termination, for suspected violations.

6. Third-Party Services

The Service integrates with third-party platforms (e.g., TikTok, Instagram, X, Meta, Google, Apple). Your use of those platforms is governed by their own terms and policies. We are not responsible for third-party services.

7. Subscriptions, Billing, and Refunds

Paid plans are billed in advance on a recurring basis (weekly, monthly, or annually as selected). Purchases made through the Apple App Store are billed by Apple and managed in your Apple ID account. Subscriptions auto-renew unless canceled at least 24 hours before the end of the current period. Except where required by law, payments are non-refundable. Prices may change; we will provide notice before any price change takes effect.

8. Free Trials

If we offer a free trial, you may be automatically enrolled in a paid subscription at the end of the trial unless you cancel before the trial ends.

9. Intellectual Property

The Service, including software, design, trademarks, and content we provide (excluding Your Content and Output), is owned by Marketer or its licensors and is protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service in accordance with these Terms.

10. Feedback

If you submit ideas or feedback, you grant us a perpetual, irrevocable, royalty-free license to use them without restriction or compensation.

11. Termination

You may stop using the Service at any time and delete your account in-app. We may suspend or terminate your access at any time, with or without notice, if you violate these Terms or if we discontinue the Service. Sections that by their nature should survive termination will survive.

12. Disclaimers

THE SERVICE AND ALL OUTPUT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT OUTPUT WILL BE ACCURATE OR RELIABLE.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MARKETER AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICE. OUR TOTAL LIABILITY FOR ANY CLAIM RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM OR (B) USD 50.

14. Indemnification

You agree to defend, indemnify, and hold harmless Marketer and its affiliates from any claims, damages, liabilities, losses, and expenses (including reasonable attorneys' fees) arising from (a) Your Content, (b) your use of Output, (c) your violation of these Terms, or (d) your violation of applicable law or third-party rights.

15. Governing Law and Disputes

These Terms are governed by the laws of the State of Delaware, USA, without regard to conflict-of-laws principles. Any dispute will be resolved exclusively in the state or federal courts located in Delaware, except that either party may seek injunctive relief in any court of competent jurisdiction. Where required by law, this section does not deprive consumers of the protection of mandatory local law.

16. Apple App Store Additional Terms

The following applies to use of the Service obtained through the Apple App Store:

• These Terms are between you and Marketer only, not with Apple. Apple is not responsible for the Service or its content.
• Your license is limited to use on Apple-branded products you own or control, per the App Store Terms of Service usage rules.
• Apple has no obligation to provide maintenance or support for the Service.
• In the event the Service fails to conform to any applicable warranty, you may notify Apple, who will refund the purchase price. To the maximum extent permitted, Apple has no other warranty obligation.
• Marketer, not Apple, is responsible for addressing any claims relating to the Service, including product liability, legal or regulatory non-compliance, and consumer protection.
• Marketer, not Apple, is responsible for the investigation, defense, and settlement of any third-party intellectual property infringement claim.
• You represent you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country, and you are not on any U.S. Government prohibited-parties list.
• Apple and its subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance, have the right to enforce them against you.

17. Changes to the Terms

We may update these Terms from time to time. Material changes will be communicated in-app or by email. Continued use after changes take effect constitutes acceptance.

18. Miscellaneous

These Terms are the entire agreement between you and Marketer regarding the Service. If any provision is held unenforceable, the remaining provisions will remain in effect. Our failure to enforce any right is not a waiver. You may not assign these Terms without our consent; we may assign them freely.

19. Contact

Questions: legal@marketer.ai.