Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and MarketOS LLC ("MarketOS," "we," "our," or "us") governing your access to and use of our marketing operations platform and services (the "Service").

By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service.

2. Company Information

3. Eligibility

To use the Service, you must:

• Be at least 18 years old
• Have the authority to enter into these Terms
• Not be prohibited from using the Service under applicable law
• Provide accurate and complete registration information

If you are using the Service on behalf of a company or organization, you represent that you have the authority to bind that entity to these Terms.

4. Account Registration and Security

4.1 Account Creation

To access certain features, you must create an account. You agree to:

• Provide accurate, current, and complete information
• Maintain and update your information as needed
• Keep your password secure and confidential
• Notify us immediately of any unauthorized access

4.2 Account Responsibility

You are responsible for all activities that occur under your account. We are not liable for any loss or damage arising from unauthorized use of your account.

5. Services and Features

MarketOS provides marketing operations management services, including but not limited to:

• Content library and deliverables management
• Marketing performance reports and analytics
• Team communication and messaging
• Strategy call scheduling
• Custom marketing campaigns and content creation (as contracted)

We reserve the right to modify, suspend, or discontinue any feature at any time without notice.

6. Subscription Plans and Payments

6.1 Pricing

Our pricing is custom-tailored based on your business needs. Pricing starts from $350/month and will be determined during your strategy call consultation.

6.2 Payment Terms

• Payments are processed monthly in advance
• We accept major credit cards via Stripe
• All fees are non-refundable except as required by law
• You authorize us to charge your payment method automatically
• Failed payments may result in service suspension

6.3 Price Changes

We may change our pricing with 30 days' advance notice. Price changes do not apply retroactively. Continued use of the Service after a price change constitutes acceptance of the new pricing.

6.4 Taxes

All fees are exclusive of taxes. You are responsible for all applicable taxes, which we may add to your invoice.

7. Cancellation and Termination

7.1 Cancellation by You

You may cancel your subscription at any time through your account settings or by contacting support. Cancellation takes effect at the end of your current billing period. No refunds are provided for partial months.

7.2 Termination by Us

We may suspend or terminate your access to the Service immediately if:

• You violate these Terms
• Your payment fails or your account is delinquent
• Your use poses a security risk or liability
• You engage in fraudulent or illegal activities
• As required by law or court order

7.3 Effect of Termination

Upon termination, your right to use the Service ceases immediately. We may delete your data after 90 days, though some information may be retained as required by law.

8. User Content and Intellectual Property

8.1 Your Content

You retain ownership of all content you upload, create, or share through the Service ("Your Content"). By using the Service, you grant us a limited license to use, store, and display Your Content solely to provide the Service to you.

8.2 Content Created by MarketOS

Marketing content, campaigns, and deliverables created by our team for you ("Work Product") become your property upon full payment. We retain a portfolio license to showcase this work (with your permission).

8.3 Our Intellectual Property

The Service, including its design, features, code, and underlying technology, is owned by MarketOS and protected by intellectual property laws. You may not copy, modify, or reverse engineer any part of the Service.

8.4 Content Restrictions

You agree not to upload or share content that:

• Is illegal, harmful, or infringes on others' rights
• Contains viruses or malicious code
• Violates any third-party intellectual property rights
• Is defamatory, obscene, or offensive
• Impersonates others or misrepresents your affiliation

9. Acceptable Use Policy

You agree not to:

• Use the Service for illegal purposes
• Interfere with or disrupt the Service
• Attempt to gain unauthorized access to our systems
• Scrape, crawl, or use automated means to access the Service
• Reverse engineer or decompile any part of the Service
• Resell or redistribute the Service without permission
• Use the Service to send spam or unsolicited messages
• Violate any applicable laws or regulations

10. Privacy and Data Protection

Our Privacy Policy (available at /privacy) explains how we collect, use, and protect your information. By using the Service, you agree to our data practices as described in the Privacy Policy.

11. Third-Party Services

The Service integrates with third-party services (Stripe for payments, Calendly for scheduling, etc.). Your use of these services is subject to their respective terms and policies. We are not responsible for third-party services or their actions.

12. Disclaimers and Limitations of Liability

12.1 Service "As Is"

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

12.2 No Guarantee of Results

While we strive to deliver high-quality marketing services, we do not guarantee specific results, ROI, or business outcomes from using our Service.

12.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MARKETOS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE, WHETHER IN AN ACTION IN CONTRACT, TORT, OR OTHERWISE, EVEN IF MARKETOS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR $100, WHICHEVER IS GREATER.

13. Indemnification

You agree to indemnify, defend, and hold harmless MarketOS, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from your use of the Service, violation of these Terms, or infringement of any third-party rights.

14. Dispute Resolution

14.1 Informal Resolution

Before filing a claim, you agree to contact us at support@getmarketos.ai to attempt to resolve the dispute informally. We will work in good faith to resolve the matter within 30 days.

14.2 Arbitration

Any dispute that cannot be resolved informally shall be resolved through binding arbitration in accordance with the American Arbitration Association's Commercial Arbitration Rules. The arbitration will be conducted in Albuquerque, New Mexico, and judgment on the award may be entered in any court having jurisdiction.

14.3 Class Action Waiver

YOU AGREE THAT ANY DISPUTE SHALL BE BROUGHT ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING.

15. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of New Mexico, without regard to its conflict of law provisions. Any legal action must be brought in the state or federal courts located in Albuquerque, New Mexico.

16. Changes to Terms

We may update these Terms at any time. We will notify you of material changes by email or through the Service. Your continued use after changes become effective constitutes acceptance of the updated Terms.

If you do not agree to the updated Terms, you must stop using the Service and cancel your account.

17. General Provisions

17.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and MarketOS.

17.2 Severability

If any provision is found unenforceable, the remaining provisions will remain in effect.

17.3 Waiver

Our failure to enforce any right or provision does not constitute a waiver of that right or provision.

17.4 Assignment

You may not assign these Terms without our prior written consent. We may assign these Terms without restriction.

17.5 Force Majeure

We are not liable for failure to perform due to circumstances beyond our reasonable control.

18. Contact Information

For questions about these Terms, please contact us: