Terms of Service

1. Introduction

Welcome to Markus. These Terms of Service ("Terms") govern your access to and use of the Markus platform, including our website, applications, and services (collectively, the "Service"). By accessing or using Markus, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use the Service.

Markus is an AI-powered marketing assistant that helps you automate campaigns, discover leads, and send personalized outreach emails at scale.

2. Eligibility

You must be at least 18 years old to use Markus. By using the Service, you represent and warrant that you are at least 18 years of age and have the legal capacity to enter into these Terms. If you are using the Service on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

3. Account Registration

To use Markus, you must create an account. You are responsible for:

• Maintaining the security of your account credentials
• All activities that occur under your account
• Immediately notifying us of any unauthorized use of your account
• Ensuring your account information is accurate and up-to-date

We reserve the right to suspend or terminate accounts that violate these Terms or that we reasonably believe pose a security risk.

4. Service Description

Markus provides the following features:

• Campaign Management: Create and manage outreach campaigns with customizable templates and schedules
• AI Content Generation: Generate personalized email content using Anthropic's Claude AI models based on your campaign and contact information
• Lead Discovery: Find potential leads and contacts using Google Maps integration and web scraping
• Email Automation: Send personalized emails to your contacts with tracking for opens, clicks, and replies
• Conversation Tracking: Monitor email responses and manage conversations in real-time
• Analytics Dashboard: Track campaign performance, engagement metrics, and conversion rates

5. Email Sending and Anti-Spam Policy

Markus enables you to send emails to your contacts. By using our email sending features, you agree to the following:

5.1 Consent Requirements

• You will only send emails to recipients who have provided consent or with whom you have a legitimate business relationship
• You will not purchase, rent, or use third-party email lists without proper consent
• You will respect and promptly honor all unsubscribe requests

5.2 Content Requirements

• All emails must accurately identify you as the sender
• Subject lines must not be deceptive or misleading
• Emails must include a valid physical postal address
• Emails must include a clear and conspicuous unsubscribe mechanism

5.3 Prohibited Activities

• Sending spam or unsolicited bulk emails
• Sending emails with malicious content, malware, or phishing attempts
• Harvesting email addresses without consent
• Impersonating another person or entity
• Sending content that promotes illegal activities
• Circumventing our sending limits or abuse detection systems

5.4 Compliance

You must comply with all applicable laws and regulations, including but not limited to:

• CAN-SPAM Act (United States)
• GDPR (European Union)
• CASL (Canada)
• Any other applicable anti-spam or data protection laws

Enforcement: We actively monitor for spam and abuse. Accounts that violate this policy may be immediately suspended or terminated without refund. We reserve the right to report violations to relevant authorities.

6. Content and Acceptable Use

You are solely responsible for all content you create, generate, or distribute through Markus, including AI-generated content. You agree not to use the Service to:

• Send spam, unsolicited messages, or deceptive communications
• Generate or send content that is defamatory, harassing, threatening, or promotes violence
• Distribute content that infringes on intellectual property rights or violates third-party rights
• Create misleading, fraudulent, or deceptive content
• Send content that violates any applicable laws or regulations
• Impersonate others or create fake identities
• Use the Service for any illegal purpose or to facilitate illegal activities

While Markus generates content using AI, you must review all content before sending and are responsible for ensuring it complies with these Terms and applicable laws.

7. AI-Generated Content

Markus uses Anthropic's Claude AI to generate email content based on your campaign and contact information. You acknowledge and agree that:

• AI-generated content may require editing and review before sending
• We do not guarantee the accuracy, completeness, or suitability of AI-generated content
• You are responsible for verifying all facts, claims, and information in generated content
• AI-generated content may occasionally produce unexpected or inappropriate results
• You retain ownership of the content once generated, subject to any applicable third-party rights

8. Lead Discovery and Contact Data

Markus provides lead discovery features that gather publicly available business information. You acknowledge and agree that:

• Lead information is gathered from publicly available sources and may not be complete or accurate
• You are responsible for verifying contact information before reaching out
• You will use discovered leads in compliance with applicable data protection laws
• You will not use lead data for purposes that violate these Terms or applicable laws
• We do not guarantee the accuracy, availability, or deliverability of discovered contacts

9. Intellectual Property

Your Content: You retain all rights to the content you provide to Markus, including campaign data, contact lists, and email templates. By using the Service, you grant Markus a non-exclusive, worldwide license to use, process, and display your content solely for the purpose of providing the Service.

Markus Content: The Markus platform, including its design, code, features, and documentation, is owned by Markus and protected by intellectual property laws. You may not copy, modify, distribute, or create derivative works based on Markus without our written permission.

Generated Content: Content generated through the Service using your inputs belongs to you, subject to any rights retained by the AI model providers.

10. Subscription and Billing

Markus offers subscription plans with different feature sets. By subscribing:

• You authorize Markus to charge your payment method through our payment processor, Stripe
• Subscriptions automatically renew at the end of each billing period unless cancelled
• You may cancel your subscription at any time through the Settings page
• Refunds are provided in accordance with our refund policy
• Price changes will be communicated in advance and take effect at the next billing period

All payments are processed securely through Stripe. We do not store your complete payment card information on our servers.

11. Service Availability and Modifications

We strive to provide reliable service, but we do not guarantee uninterrupted access to Markus. The Service may be temporarily unavailable due to:

• Scheduled maintenance or updates
• Technical issues or system failures
• Changes to third-party APIs or services
• Force majeure events

We reserve the right to modify, suspend, or discontinue any feature or aspect of the Service at any time. We will provide reasonable notice of significant changes when possible.

12. Third-Party Services

Markus integrates with various third-party services, including:

• Anthropic Claude (AI content generation)
• SendGrid (email delivery)
• Google Maps (lead discovery)
• Stripe (payment processing)
• Supabase (database and authentication)

Your use of these third-party services is subject to their respective terms of service and privacy policies. We are not responsible for the actions, content, or policies of third-party services.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MARKUS AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR:

• Any indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• Damages arising from your use of or inability to use the Service
• Actions taken by email service providers regarding your sending reputation
• Inaccuracies or errors in AI-generated content or lead data
• Email delivery failures or spam filtering by recipients

Our total liability for any claims arising from your use of the Service shall not exceed the amount you paid to Markus in the twelve (12) months preceding the claim.

14. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• Merchantability and fitness for a particular purpose
• Non-infringement
• Accuracy, reliability, or completeness of AI-generated content or lead data
• Uninterrupted or error-free operation
• Email deliverability or inbox placement

15. Indemnification

You agree to indemnify, defend, and hold harmless Markus and its affiliates, officers, directors, employees, and agents from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorney's fees) arising from:

• Your use of the Service
• Content you create, generate, or distribute through the Service
• Your violation of these Terms or the Email Sending Policy
• Your violation of any third-party rights or applicable laws
• Spam complaints or legal actions resulting from your email activities

16. Termination

You may terminate your account at any time by contacting support or through your account settings. We may terminate or suspend your account immediately, without prior notice, if:

• You violate these Terms or our Email Sending Policy
• Your actions pose a security risk or may harm other users
• We receive excessive spam complaints about your sending activities
• We are required to do so by law
• We discontinue the Service

Upon termination, your right to use the Service ceases immediately. We may delete your data in accordance with our Privacy Policy.

17. Dispute Resolution

Any disputes arising from these Terms or your use of the Service will be resolved through:

• Informal Resolution: We encourage you to contact us first to resolve disputes informally
• Binding Arbitration: If informal resolution fails, disputes will be resolved through binding arbitration in accordance with the rules of the American Arbitration Association
• Class Action Waiver: You agree to resolve disputes individually and waive any right to participate in class actions

These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict of law principles.

18. Changes to Terms

We may update these Terms from time to time. We will notify you of material changes by posting the new Terms on this page and updating the "Last updated" date. Your continued use of the Service after changes become effective constitutes acceptance of the revised Terms.

19. Contact Information

If you have questions about these Terms of Service, please contact us at:

Email: josh@jclvsh.art

20. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will continue in full force and effect.

21. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Markus regarding your use of the Service and supersede any prior agreements.