Terms of Service

The Service is a marketing-content and marketing-intelligence platform that analyzes information you provide or direct us to (including your website, uploaded materials, and other inputs) to generate marketing content, recommendations, personas, and related outputs. The Service uses third-party artificial intelligence models to produce these outputs. You understand that AI-generated outputs may contain errors, omissions, or inaccuracies and that you are responsible for reviewing all outputs before relying on or publishing them.

You must be at least 18 years old and able to form a binding contract to use the Service. You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. You agree to provide accurate information and to keep it current.

Intended for U.S. users. The Service is offered from the United States and is intended for users in the United States. We do not actively target users outside the United States. If you access the Service from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

New accounts begin with a 14-day free trial of the full Service. No payment method is required to start, and you are not charged during the trial.

When the trial ends. Your account locks to an upgrade screen until you add a payment method and subscribe. Nothing is deleted: your company profile, brand voice, competitors, content, and calendar are retained exactly as you left them and become available again when you subscribe. The free trial is offered once per account; ending or exhausting a trial does not entitle you to a second one.

The Service is offered on a paid subscription basis. We offer two plans, Pro and Business, each available with monthly or annual billing. Current prices for every plan and billing interval are shown on our pricing page and at checkout. By subscribing, you authorize us (through our payment processor, Stripe) to charge your payment method the then-current price shown at checkout, on a recurring basis matching the billing interval you select, until you cancel.

Automatic renewal. Your subscription automatically renews at the end of each billing period (monthly or annual, as selected) unless you cancel before that period ends. We will charge the then-current price to your payment method at each renewal.

Acknowledgment at checkout. Before your first charge, you will be asked to affirmatively acknowledge that your subscription renews automatically, at what interval it renews, and that you may cancel at any time. Subscribing requires that acknowledgment.

Cancellation. You may cancel at any time through your account settings. Cancellation is effective at the end of your current paid billing period; you retain full access until then, and your subscription will not renew thereafter.

Price changes. We may change subscription prices. If we do, the new price applies to billing periods after we provide notice; it will not retroactively change a period you have already paid for. If you do not agree to a price change, you may cancel before it takes effect.

All fees are non-refundable except where required by law. Because access continues through the end of your paid period after cancellation, no partial or pro-rated refunds are provided. See the separate Refund & Cancellation Policy in this package for details, which is incorporated into these Terms.

"User Inputs" means the information you provide or direct us to access — including your website URL and its contents, uploaded documents, pasted text, business descriptions, and similar materials. You retain ownership of your User Inputs. You grant us a limited license to process User Inputs solely to provide and improve the Service to you, including sending relevant material to our third-party AI providers to generate outputs for you.

You represent that you have the right to provide your User Inputs and to authorize us to process them, and that doing so does not violate any third party's rights or any law.

Outputs. Subject to these Terms, outputs generated for you through the Service are yours to use. You are solely responsible for reviewing outputs for accuracy and for ensuring any content you publish complies with applicable law and does not infringe third-party rights.

Your use of the Service is subject to the Acceptable Use Policy in this package, which is incorporated into these Terms. Violation may result in suspension or termination.

The Service, including its software, design, and content (excluding your User Inputs and your outputs), is owned by Smarkly LLC and 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.

The Service relies on third-party providers (including hosting, payment processing, and AI model providers). Your use may be subject to those providers' terms. We are not responsible for third-party services we do not control.

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT AI-GENERATED OUTPUTS ARE ACCURATE, COMPLETE, OR SUITABLE FOR ANY PURPOSE, OR THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SMARKLY LLC WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, OR GOODWILL. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICE WILL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.

You agree to indemnify and hold harmless Smarkly LLC from claims, damages, and expenses (including reasonable legal fees) arising from your User Inputs, your use of outputs, your violation of these Terms, or your violation of any law or third-party right.

You may stop using the Service at any time. We may suspend or terminate your access if you violate these Terms or the Acceptable Use Policy, or as necessary to protect the Service or other users. Upon termination, your right to use the Service ends; data handling after termination is described in the Privacy Policy.

We may update these Terms from time to time. If we make material changes, we will provide notice (for example, by email or in-product). Continued use after changes take effect constitutes acceptance.

These Terms are governed by the laws of the State of California, without regard to conflict-of-laws rules. Any dispute will be resolved in the state or federal courts located in Santa Clara County, California, and you consent to their jurisdiction.

Questions about these Terms: legal@smarkly.com. Mailing address: 1120 Sycamore Ave., STE 2G, Vista, CA 92081.