These Terms of Use ("Terms," "Agreement") constitute a legally binding agreement between you (either an individual or an entity, "you," "your," or "Customer") and Marketing Titan, Inc. ("Marketing Titan," "we," "us," or "our") governing your access to and use of our AI-powered marketing automation platform, website, applications, and related services (collectively, the "Services").
By accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not access or use the Services.
You must be at least 18 years of age and have the legal capacity to enter into binding contracts to use our Services. By using the Services, you represent and warrant that you meet these eligibility requirements.
To access certain features of the Services, you must register for an account. You agree to:
We offer different account types with varying features and pricing:
If you register an account on behalf of a company or organization, you represent and warrant that you have authority to bind that entity to these Terms, and "you" refers to that entity.
Our Services are offered on a subscription basis with monthly or annual billing cycles. Specific features, limitations, and pricing for each plan are detailed on our pricing page.
You agree to pay all fees associated with your selected subscription plan. Fees are:
You must provide a valid payment method (credit card, debit card, or other approved method) to purchase a subscription. You authorize us to charge your payment method for all fees incurred.
Your subscription will automatically renew at the end of each billing cycle unless you cancel before the renewal date. You will be charged the then-current rate for your subscription plan.
We may change our subscription fees at any time. We will provide you with at least 30 days' advance notice of any price changes. If you do not agree to the price change, you may cancel your subscription before the change takes effect.
If a payment fails, we will attempt to charge your payment method again. If payment continues to fail, we may suspend or terminate your account. You remain responsible for all unpaid fees.
We offer a 30-day money-back guarantee for first-time subscribers. If you are not satisfied with our Services within the first 30 days of your initial subscription, you may request a full refund. After 30 days, all fees are non-refundable except as required by law or at our sole discretion.
Our Services are subject to our Service Level Agreement (SLA), which guarantees certain uptime and performance standards. The SLA is incorporated into these Terms by reference. Key provisions include:
We guarantee 99.9% uptime for our Services, calculated monthly, excluding scheduled maintenance and force majeure events.
If we fail to meet our uptime guarantee, you may be eligible for service credits as detailed in our SLA. Service credits are your sole and exclusive remedy for service availability issues.
We may perform scheduled maintenance with advance notice. Scheduled maintenance is excluded from uptime calculations.
Your use of the Services is subject to our Acceptable Use Policy (AUP), which is incorporated into these Terms by reference. You agree not to use the Services to:
You may not use the Services to create, upload, transmit, or distribute content that:
You are solely responsible for ensuring your use of the Services complies with all applicable marketing and advertising laws, including but not limited to:
You retain all ownership rights to any data, content, or materials you upload, submit, or create using the Services ("Customer Data"). You grant us a limited license to use, process, and store your Customer Data solely to provide the Services to you.
By uploading Customer Data to the Services, you grant Marketing Titan a worldwide, non-exclusive, royalty-free license to use, reproduce, process, adapt, and display your Customer Data solely to:
Important: We do not use your Customer Data to train our AI models for use by other customers. Your Customer Data is used only to provide Services to you and remains confidential. We may use aggregated, anonymized data that cannot identify you or your customers for improving our AI models.
For customers in the EEA, UK, or other jurisdictions requiring data processing agreements, our Data Processing Agreement (DPA) is incorporated into these Terms by reference. The DPA governs our processing of personal data on your behalf.
We implement industry-standard security measures to protect your Customer Data, including encryption, access controls, and regular security audits. However, no system is completely secure, and we cannot guarantee absolute security.
You may export your Customer Data at any time through your account dashboard. Upon termination, you have 30 days to export your data before it is deleted.
The Services, including all software, technology, designs, graphics, text, and other content (excluding Customer Data), are owned by Marketing Titan and protected by copyright, trademark, patent, and other intellectual property laws.
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your internal business purposes during your subscription term.
You may not:
Marketing Titan, our logo, and other marks are trademarks of Marketing Titan, Inc. You may not use our trademarks without our prior written permission.
If you provide feedback, suggestions, or ideas about the Services, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use and incorporate such feedback without compensation or attribution.
Our Services may integrate with third-party platforms, applications, and services (e.g., CRM systems, advertising platforms, analytics tools). Your use of third-party services is governed by their respective terms and privacy policies.
We do not control third-party services and are not responsible for their availability, functionality, or content. We make no warranties regarding third-party services.
When you connect third-party services, you authorize us to share data with those services as necessary to provide the integration functionality.
If you subscribe to an Agency plan, the following additional terms apply:
You may create and manage multiple client accounts under your Agency subscription. You are responsible for all activity in client accounts you manage.
You are solely responsible for your relationships with your clients. We are not a party to any agreements between you and your clients.
You represent and warrant that you have all necessary rights and permissions to upload and process client data using the Services.
Unless explicitly authorized in your subscription plan, you may not remove, obscure, or alter Marketing Titan branding or present the Services as your own product.
You may not resell access to the Services without our prior written consent. You may charge clients for your services that incorporate our platform, but you may not sell direct access to our Services.
Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.
For customers processing personal data of EEA or UK residents, we act as a data processor, and you act as the data controller. Our Data Processing Agreement governs this relationship.
You are responsible for:
These Terms commence when you first access the Services and continue until terminated by either party.
You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of your current billing cycle. You will not receive a refund for the remaining portion of your billing cycle.
We may suspend or terminate your account immediately if:
Upon termination:
We warrant that the Services will perform substantially in accordance with our documentation and SLA during your subscription term.
EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.
We do not warrant that:
Our Services use artificial intelligence to generate content and recommendations. You acknowledge that:
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MARKETING TITAN, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SERVICES.
OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE 12 MONTHS PRECEDING THE CLAIM, OR $100, WHICHEVER IS GREATER.
The limitations in this Section do not apply to:
You agree to indemnify, defend, and hold harmless Marketing Titan, its affiliates, officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or relating to:
The Services and underlying technology are subject to U.S. export control laws and regulations. You agree to comply with all applicable export and import laws and regulations. You represent and warrant that:
If you are a U.S. government entity or using the Services on behalf of the U.S. government, the Services are "Commercial Items" as defined in FAR 2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation." Use, reproduction, and disclosure are subject to the terms of these Terms.
We may modify these Terms at any time. We will provide notice of material changes by:
Your continued use of the Services after changes take effect constitutes acceptance of the modified Terms. If you do not agree to the changes, you must stop using the Services and cancel your subscription.
For material changes that adversely affect your rights, we will provide at least 30 days' advance notice. You may terminate your subscription within this notice period if you do not agree to the changes.
These Terms are governed by the laws of the State of [Your State], United States, without regard to conflict of law principles.
Before filing a claim, you agree to contact us at legal@marketingtitan.ai and attempt to resolve the dispute informally. We will attempt to resolve the dispute through good-faith negotiations for at least 30 days.
Subject to the arbitration provisions below, any legal action or proceeding arising out of or relating to these Terms shall be brought exclusively in the federal or state courts located in [Your County, State], and you consent to the personal jurisdiction of such courts.
Except for disputes that qualify for small claims court, any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules.
YOU AND MARKETING TITAN AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Either party may seek injunctive or other equitable relief in court to protect intellectual property rights or confidential information.
You may opt out of this arbitration agreement by sending written notice to legal@marketingtitan.ai within 30 days of first accepting these Terms. If you opt out, all other terms still apply, but disputes will be resolved in court.
These Terms, together with our Privacy Policy, SLA, DPA, and AUP, constitute the entire agreement between you and Marketing Titan regarding the Services and supersede all prior agreements and understandings.
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect, and the invalid provision will be modified to the minimum extent necessary to make it valid and enforceable.
Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision. Any waiver must be in writing and signed by an authorized representative.
You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms without restriction. Any attempted assignment in violation of this section is void.
We are not liable for any failure or delay in performance due to circumstances beyond our reasonable control, including acts of God, natural disasters, war, terrorism, riots, labor disputes, or government actions.
The parties are independent contractors. These Terms do not create a partnership, joint venture, agency, or employment relationship.
These Terms do not confer any third-party beneficiary rights.
We may provide notices to you via email, in-app notifications, or by posting on our website. You may provide notices to us at legal@marketingtitan.ai or the address below.
These Terms are written in English. Any translations are provided for convenience only. In the event of conflict, the English version controls.
Provisions that by their nature should survive termination will survive, including but not limited to: ownership provisions, warranty disclaimers, indemnification, limitations of liability, dispute resolution, and miscellaneous provisions.
If you have questions about these Terms or need to contact us for any reason, please use the following information:
Marketing Titan, Inc.
Attention: Legal Department
[Your Company Address]
[City, State, ZIP Code]
Email: legal@marketingtitan.ai
Phone: [Your Phone Number]
Support: support@marketingtitan.ai
For privacy-related inquiries, please contact: privacy@marketingtitan.ai
Document Version: 1.0 | Effective Date: November 24, 2025
© 2025 Marketing Titan, Inc. All rights reserved.
