Terms of Service
Contents
1. Agreement to Terms
These Terms of Service (“Terms”) constitute a legally binding agreement between you (“User” or “Customer”) and Marketio LLC, a Delaware Limited Liability Company (“Company,” “we,” “us,” or “our”). By accessing or using our Services, you agree to be bound by these Terms.
2. Eligibility
You must be at least 18 years of age and have legal authority to enter a binding agreement. If using the Services on behalf of a business, you represent you are authorised to bind that entity to these Terms.
3. Account Registration
You agree to provide accurate information, keep credentials confidential, notify us immediately of unauthorized use at support@marketio.net, and accept responsibility for all activity under your account.
4. Subscription and Payment
4.1 Billing: Subscriptions are billed monthly. By subscribing, you authorise recurring charges until you cancel.
4.2 Cancellation: You may cancel anytime from your account settings or by emailing support@marketio.net. Cancellations take effect at end of current billing period. No refunds for partial periods.
4.3 Price Changes: We reserve the right to modify fees with 30 days' prior written notice.
4.4 Taxes: Prices are exclusive of applicable taxes, which are your responsibility.
5. Acceptable Use
You agree to use the Services only for lawful purposes and in accordance with our Acceptable Use Policy. You may not: violate any law; send unsolicited bulk communications in violation of CAN-SPAM, CASL, or GDPR; reverse engineer any part of the Services; or use the Services to harass or harm any individual.
6. Customer Data and Privacy
You retain ownership of all data you submit to the Services. You represent and warrant that you have a legal basis for processing and contacting any prospects whose data you upload or process through Marketio. You are responsible for compliance with applicable data protection and anti-spam laws.
7. Intellectual Property
The Services, including all software, content, and features, are owned by Marketio LLC and protected by applicable intellectual property laws. You are granted a limited, non-exclusive, non-transferable licence to access and use the Services for your internal business purposes.
8. Disclaimers
THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. MARKETIO DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. AI-GENERATED CONTENT OR AGENT ACTIONS ARE NOT WARRANTED TO BE ACCURATE OR SUITABLE FOR ANY PARTICULAR PURPOSE.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, MARKETIO AND ITS OFFICERS, DIRECTORS, AND EMPLOYEES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID IN THE 12 MONTHS PRECEDING THE CLAIM OR (B) $100 USD.
10. Indemnification
You agree to indemnify and hold harmless Marketio LLC from claims, liabilities, damages, costs, and expenses arising from your use of the Services, violation of these Terms, or your prospect outreach activities.
11. Term and Termination
Either party may terminate with 30 days’ written notice. We may terminate immediately for material breach. Upon termination, you may export your data. We will retain and delete your data in accordance with our Privacy Policy.
12. Governing Law
These Terms are governed by the laws of the State of Delaware, United States. Disputes shall first be subject to good-faith negotiation. If unresolved within 30 days, disputes shall be submitted to binding arbitration under the American Arbitration Association (AAA) rules in Delaware.
13. Contact
Marketio LLC (Delaware)
Email: support@marketio.net
Website: marketio.net