Terms & Conditions

(Last updated 24 July 2025)

These Terms and Conditions (“Terms”) form a legally binding agreement that governs your access to and use of our web platform for deploying and managing autonomous sales agents and related AI‑powered marketing services (“Services”).

Contracting entity

Throughout these Terms, “Markster”, “we”, “us” or “our” means the applicable entity above. “You” or “Client” means you individually or the employer/client you represent.

1. INTRODUCTION

These Terms, together with any Order Form, govern your use of the Platform and Services. By accessing or using the Services you agree to be bound by them. If you do not agree, do not use the Services.

2. DEFINITIONS

• Platform – the Markster interface, software and infrastructure.
• Autonomous Agent – an AI model configured to carry out outbound sales or marketing tasks.
• Deliverables – content, campaigns, reports or other work product we create for you under these Terms.
• Campaign Metrics – performance indicators such as open rate, click‑through rate, booked meetings, conversions or attributed revenue.

3. CONDITIONS OF USE

By accessing the Platform you accept these Terms and any posted guidelines or rules. Continued use after we post changes signifies acceptance of the revised Terms.

4. PRIVACY

We process personal data in accordance with our Privacy Policy. Please read it before using the Services.

5. COMMUNICATIONS

You consent to receive electronic communications from us. Electronic notices satisfy any legal requirement that communications be in writing.

6. INTELLECTUAL PROPERTY

All text, graphics, code, trademarks and logos on the Platform are owned or licensed by Markster and protected by intellectual‑property laws. Except as expressly stated, no licence is granted to you.

7. PLATFORM ACCESS AND USAGE

• You must grant API‑level access to your email server solely for campaign execution.
• We store only emails sent through our agents and replies from leads; all other mailbox content is never stored.
• No third party will access, read or delete your non‑Markster emails.

8. AGENCY SERVICES AND DELIVERABLES

• Scope – We may design, write, test, schedule and send outbound emails or other media; generate AI‑based copy; build audiences; and provide strategy and analytics.
• Ownership – Upon full payment, you own the final Deliverables created specifically for you, excluding (i) our pre‑existing templates, software, models and know‑how, and (ii) third‑party stock or licensed content. We retain a royalty‑free, non‑exclusive licence to reference non‑confidential Deliverables in portfolios or case studies.
• Non‑Exclusivity – Unless agreed otherwise in writing, we may provide similar services to other clients, including your competitors.

9. CLIENT RESPONSIBILITIES

• Provide accurate information, brand assets and approvals in a timely manner.
• Maintain all rights in any content, trademarks or data you supply.
• Ensure that your products, services and marketing claims comply with applicable laws.

10. FEES, PRICING AND PAYMENT

• Pricing consists of one‑off fees and/or recurring subscriptions stated in the applicable Order Form.
• All fees are due in advance unless otherwise invoiced. Unpaid balances incur 1.5 % monthly interest (or the maximum allowed by law).
• You are responsible for bank fees, taxes and duties.

11. PERFORMANCE METRICS AND REPORTING

We will provide Campaign Metrics dashboards or reports at the agreed frequency. Marketing performance depends on factors beyond our control; no specific results are guaranteed.

12. APPROVALS, REVISIONS AND CHANGE REQUESTS

• You are entitled to the number of revision rounds specified in the Order Form. Additional revisions or scope changes may incur extra charges.
• If approval or feedback is delayed more than ten (10) business days, timelines may shift and we may invoice the remaining project balance.

13. THIRD‑PARTY PLATFORMS AND TOOLS

• Services may rely on third‑party email services, data providers, ad networks or APIs. Their availability and terms are outside our control.
• You authorise us to create or manage accounts and agree to abide by each third‑party’s terms.

14. DATA SECURITY AND CONFIDENTIALITY

• Each party must protect Confidential Information with reasonable care and use it solely to perform or receive the Services.
• “Confidential Information” excludes information already public or independently developed.
• Obligations survive five (5) years after termination.

15. SATISFACTION GUARANTEE

We will work in good faith to address any concerns you raise about the Services.

16. CANCELLATION AND REFUNDS

• You may cancel a subscription any time from your account settings; service continues until the end of the paid term.
• All fees are non‑refundable, including partially used billing cycles, except as required by law.
• Subscriptions renew automatically unless cancellation is received before the renewal date.

17. LICENCE AND PLATFORM ACCESS

We grant you a limited, non‑transferable licence to access and use the Platform for your internal business purposes. You may not resell, reverse‑engineer or copy any portion of the Platform.

18. TERM AND TERMINATION

• We may suspend or terminate access immediately for breach, fraud or unlawful activity.
• Either party may terminate for convenience with thirty (30) days’ written notice. Sections that by nature should survive (e.g. Intellectual Property, Confidentiality, Liability) will survive termination.

19. WARRANTIES AND DISCLAIMERS

• The Platform and Services are provided “as is” and “as available.”
• We disclaim all implied warranties, including merchantability, fitness for a particular purpose and non‑infringement.
• AI‑generated content may contain inaccuracies or biases; you must review all Deliverables for legal and regulatory compliance.

20. LIABILITY LIMITATION

In no event shall we be liable for indirect, incidental, special or consequential damages (including lost profits or data). Our aggregate liability for any claim will not exceed the fees you paid us in the two (2) months preceding the event giving rise to the claim.

21. INDEMNIFICATION

You will indemnify and hold us harmless against claims arising from (i) content or data supplied by you, (ii) your breach of these Terms, or (iii) your violation of laws or third‑party rights.

22. FORCE MAJEURE

Neither party is liable for failure to perform caused by events beyond reasonable control, including natural disasters, war, labour disputes or internet outages.

23. CHANGES TO THESE TERMS

We may modify these Terms at any time by posting the revised version on the Platform. Continued use after the effective date constitutes acceptance of the changes.

24. GOVERNING LAW AND DISPUTE RESOLUTION

25. CONTACT

legal@markster.ai

26. ACCEPTANCE

By using the Platform or Services, you acknowledge that you have read, understood and agree to these Terms.