Terms of Service

1. Agreement to Terms

These Terms of Service (the “Terms”) constitute a legally binding agreement between you (“User,” “you” or “your”) and MarkMill regarding your access to and use of the MarkMill website, applications and services (collectively, the “Service”). By creating an account, accessing or using the Service, you confirm that you have read, understood and agree to be bound by these Terms. If you do not agree, you must not use the Service.

2. Eligibility

You must be at least 18 years old (or the age of majority in your jurisdiction) and have the legal capacity to enter into this agreement. By using the Service, you represent and warrant that you meet these requirements and that all registration information you provide is accurate and complete.

3. Account Registration and Security

You must create an account and provide certain information (e.g., name, email, password). You agree to keep your information up to date and maintain the confidentiality of your credentials. You are responsible for any activities occurring under your account, whether or not you authorised them.

You agree to notify MarkMill immediately of any unauthorised use of your account or other security breach. MarkMill is not liable for losses resulting from unauthorised access caused by your failure to safeguard credentials.

4. Description of Services

MarkMill provides an AI-driven marketing platform that: (a) crawls and analyses your website to build a structured brand profile; (b) designs marketing strategies using AI agents; (c) generates content such as social posts, blog outlines, email copy, images and short promotional videos; (d) schedules content and posts to your connected social media accounts; and (e) provides analytics on performance. MarkMill may add, modify or discontinue features at any time without liability.

5. Subscriptions and Payment

Free tier

MarkMill offers a free plan with limited requests and features.

Paid subscriptions

Additional features and higher usage limits require a paid subscription. Fees, billing cycles and limits are described on the pricing page and may change from time to time. Prices are quoted in Canadian dollars.

Payment processing

Subscription payments are processed via Stripe. You authorise Stripe to charge your chosen payment method.

Renewal and cancellation

Paid subscriptions renew automatically at the end of each billing period unless cancelled. You may cancel at any time via your account settings; cancellation will take effect at the end of the current billing cycle. Payments are non-refundable unless required by law.

6. User Content

Ownership

You retain all rights to the content you upload or instruct MarkMill to create (e.g., brand assets, marketing copy, images). MarkMill does not claim ownership over your content.

License to MarkMill

By submitting content or authorising MarkMill to generate content based on your materials, you grant MarkMill a non-exclusive, worldwide, royalty-free licence to host, reproduce, modify (for formatting purposes), distribute and otherwise use your content solely to operate and provide the Service.

AI-generated content

Content generated through MarkMill’s AI tools may include text, images or videos. You acknowledge that AI output may sometimes be inaccurate, offensive or infringe third-party rights. You are responsible for reviewing AI-generated content and ensuring it complies with applicable laws, advertising standards and social-media policies before publishing. MarkMill makes no warranties regarding the accuracy or legality of AI-generated content.

7. Acceptable Use

You agree not to:

• Use the Service to create, upload, or distribute content that is unlawful, hateful, harassing, defamatory, obscene, pornographic, infringing, harmful or otherwise objectionable.
• Violate any applicable law, regulation or advertising standard, including copyright, trademark, privacy and publicity rights.
• Circumvent or attempt to circumvent any security feature or access control of the Service, or probe or test the vulnerability of any system or network.
• Use automated scripts or bots (other than those integrated into MarkMill) to access, scrape or interact with the Service without our prior written consent.
• Reverse engineer, decompile or disassemble the Service or any part thereof.
• Misrepresent your identity or affiliation with any person or entity, or provide false or misleading information.
• Use the Service to build or facilitate a competing product or service.

MarkMill may suspend or terminate your account if you violate these restrictions.

8. Third-Party Services

The Service integrates with third-party platforms such as social networks (Facebook, Instagram, LinkedIn, X/Twitter), payment processors (Stripe) and AI providers (OpenAI, Google Gemini). Your use of third-party services is governed by their own terms and privacy policies. MarkMill is not responsible for third-party services or content. Links and integrations are provided as a convenience; we do not endorse or assume responsibility for third parties.

9. Intellectual Property

MarkMill property

MarkMill and its licensors own all rights, title and interest in the Service, including the software, website, documentation, branding and any improvements. Except for the rights expressly granted in these Terms, MarkMill reserves all rights. You may not reproduce, modify or create derivative works from MarkMill’s software or content without permission.

Feedback

If you provide suggestions, ideas or feedback, you grant MarkMill a worldwide, perpetual, irrevocable and royalty-free licence to use and incorporate that feedback without restriction.

10. Termination

You may stop using the Service and delete your account at any time. MarkMill may suspend or terminate your account immediately if (a) you breach these Terms or applicable law; (b) we are required to do so by law; or (c) we discontinue the Service. Upon termination, your right to access the Service will end, but the following sections will survive: User Content licence, Disclaimers, Limitation of Liability, Indemnification and Governing Law. We may retain certain information as required by law or to protect our legitimate interests.

11. Disclaimers

No warranties

The Service is provided “as is” and “as available.” To the maximum extent permitted by law, MarkMill disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose and non-infringement. MarkMill does not warrant that the Service will be uninterrupted, error-free or free of harmful components, or that any generated content will be accurate, complete or legal.

No guarantees of results

Marketing performance depends on numerous factors outside MarkMill’s control (e.g., algorithm changes, audience engagement, competition). We make no promises regarding specific outcomes or return on investment.

12. Limitation of Liability

To the fullest extent permitted by law:

• MarkMill will not be liable for any indirect, incidental, special, consequential or punitive damages (e.g., loss of profits, revenue, goodwill, data or business interruption) arising from or relating to the Service, your content or these Terms.
• MarkMill’s total liability for all claims relating to the Service will not exceed the amount you paid (if any) for the Service during the twelve months prior to the event giving rise to the claim.

Some jurisdictions do not allow certain exclusions or limitations of liability; in such cases, liability is limited to the maximum extent permitted by law.

13. Indemnification

You agree to indemnify and hold MarkMill, its affiliates, directors, officers, employees and agents harmless from any claims, liabilities, damages, losses and expenses (including reasonable legal fees) arising from your misuse of a Service, your violation of these Terms or any applicable law, or your infringement of any third-party rights.

14. Governing Law and Dispute Resolution

These Terms are governed by the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to conflict-of-law principles. You consent to the exclusive jurisdiction of the courts located in Ontario, Canada, to resolve any dispute arising from or related to these Terms or the Service.

MarkMill may seek injunctive or other equitable relief if you breach or threaten to breach these Terms.

15. Changes to the Terms

We may modify these Terms at any time. When we do, we will update the “Last updated” date at the top of this document and provide notice (e.g., email or website notice) if the changes are material. Your continued use of the Service after any change constitutes acceptance of the updated Terms. If you do not agree to the new Terms, you must stop using the Service.

16. Miscellaneous

Entire agreement

These Terms, together with our Privacy Policy and any additional agreements you enter into with MarkMill, constitute the entire agreement between you and MarkMill.

Severability

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

Assignment

You may not assign or transfer your rights or obligations under these Terms without MarkMill’s prior written consent. MarkMill may assign these Terms without restriction.

Waiver

Our failure to enforce any provision of these Terms will not constitute a waiver of future enforcement.

Contact Information

If you have any questions about these Terms or the Service, please contact us at support@markmill.co.