Terms of Service

Last Updated: 24 June 2025

These Terms of Service ("Terms") constitute a legally binding agreement between the organisation you represent ("you," "your," or "Organisation") and Marketingmary Ltd. ("we," "us," or "our") governing your use of the Marketingmary software and services ("Service").

By creating an account, or by accessing or using the Service, an authorised representative of the Organisation accepts these Terms on behalf of the Organisation. You represent that you have the authority to bind the Organisation to these Terms. You may not use the Service if you do not agree to these Terms.

1. DEFINITIONS

1.1. "AI Output" means any content, data, reports, analyses, or other materials generated, created, or provided by the Service based on User Content or other inputs.

1.2. "Authorised User" means an individual employee, contractor, or agent of the Organisation whom you authorise to use the Service under your account.

1.3. "Service" means the Marketingmary enterprise-grade, multi-tenant AI-powered marketing intelligence platform, including all related software, websites, and APIs.

1.4. "Subscription Plan" means the specific package of services and usage limits selected by the Organisation.

1.5. "User Content" means any data, text, files, marketing materials, or other information that you or your Authorised Users upload, submit, or otherwise provide to the Service.

2. THE SERVICE

2.1. Service Description: Marketingmary is an enterprise-grade, multi-tenant AI-powered marketing intelligence platform designed for business-to-business (B2B) use. It enables organisations to manage marketing activities, generate AI Output, and analyse data within a secure, isolated environment.

2.2. Multi-Tenant Structure: The Service is structured around Organisations. Each Organisation has its own isolated workspace. Authorised Users are granted access to their Organisation's workspace with roles and permissions defined by the Organisation's administrator.

3. USER ACCOUNTS & ELIGIBILITY

3.1. Eligibility: To use the Service, the Organisation must be a legally constituted business entity. Authorised Users must be at least 18 years of age.

3.2. Account Registration: An authorised representative of the Organisation must create an account using a valid business email address. The individual creating the account warrants that they have the authority to bind the Organisation to these Terms.

3.3. Account Security: The Organisation is responsible for maintaining the confidentiality of all account credentials and for all activities that occur under its account. You agree to notify us immediately of any unauthorised use of your account. The sharing of account credentials between individuals is strictly prohibited.

4. SUBSCRIPTIONS & PAYMENTS

4.1. Subscription Plans: The Service is available under various Subscription Plans, each with specific limits on the number of organisations, users, and AI requests, as detailed below:

Free: 1 Organisation, 1 User, 10 AI Requests/Day, Basic features.
Professional: 1 Organisation, 5 Users, 500 AI Requests/Day, All features.
Business: 1 Organisation, 20 Users, 2,000 AI Requests/Day, Priority support.
Enterprise: Multiple Organisations, Unlimited Users, Custom AI Requests, SLA included.

4.2. Billing: Subscription fees are billed in advance on a monthly or annual basis, as selected at the time of purchase. All fees are non-refundable except as expressly stated in these Terms or required by law.

4.3. Cancellation: You may cancel your subscription by providing at least thirty (30) days' notice before the end of your current billing cycle. Upon cancellation, you will have the opportunity to export your data as outlined in Clause 9.2.

5. INTELLECTUAL PROPERTY RIGHTS

5.1. Your Ownership of User Content: You (the Organisation) retain full ownership of, and all pre-existing intellectual property rights in, your User Content.

5.2. Your Ownership of AI Output: You (the Organisation) shall own all right, title, and interest in and to the AI Output generated by the Service exclusively for your Organisation. All User Content and AI Output are logically isolated by Organisation and will not be accessed by or shared with any other organisation.

5.3. Our Licence to Your Data: You grant us a limited, non-exclusive, worldwide, royalty-free licence to use, reproduce, modify, and process your User Content and AI Output solely for the purpose of providing, maintaining, and improving the Service for you.

5.4. Our Licence to Anonymised Data: You grant us a perpetual, irrevocable, worldwide, royalty-free licence to create, use, reproduce, and create derivative works from anonymised and aggregated data derived from your use of the Service. We may use such data for any business purpose, including but not limited to research, service improvement, developing industry benchmarks, and creating and commercialising other products or services, provided such data cannot be used to identify any individual or your Organisation.

5.5. Our Ownership: We retain all right, title, and interest in and to the Service itself, including all underlying software, technology, and intellectual property. No rights are granted to you hereunder other than as expressly set forth in these Terms.

6. USER OBLIGATIONS & RESPONSIBILITIES

6.1. Acceptable Use: You agree not to, and not to permit your Authorised Users to: a) Reverse engineer, decompile, or otherwise attempt to discover the source code of the Service. b) Knowingly attempt to access the data or accounts of any other organisation using the Service. c) Use the Service for any illegal, fraudulent, or unauthorised purpose. d) Generate or transmit any content that is harmful, deceptive, defamatory, obscene, or infringes upon the rights of any third party. e) Exceed usage limits or otherwise attempt to circumvent any controls or limitations imposed by your Subscription Plan. f) Use automated means, such as scraping or bulk data extraction, to access the Service beyond the provided API functionalities.

6.2. Responsibility for AI Output: You acknowledge that the Service uses artificial intelligence and that AI Output may contain inaccuracies, errors, or material that does not reflect your brand's views. You are solely responsible for: a) Reviewing all AI Output for accuracy, completeness, and appropriateness before any use or publication. b) Verifying all factual claims, statistics, or data points contained within the AI Output. c) Ensuring that your use of the AI Output complies with all applicable laws, regulations, and industry codes. d) Accepting all liability for any content you publish or use that was generated or informed by the Service. e) Understanding that the legal status of works generated by artificial intelligence, particularly regarding copyright eligibility, is evolving. We make no warranty as to the copyrightability or enforceability of intellectual property rights in the AI Output.

7. WARRANTIES & DISCLAIMERS

7.1. "AS-IS" Service: THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.

7.2. AI Output Disclaimer: WE MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY AI OUTPUT. YOU USE AI OUTPUT AT YOUR OWN RISK.

7.3. No Professional Advice: The Service is not a substitute for professional legal, financial, or other expert advice.

7.4. Third-Party Services: We are not responsible or liable for the actions, content, or data practices of any third-party AI providers or other services integrated with the Marketingmary platform.

7.5. Data Isolation: While we implement strong logical data isolation and security controls to separate Organisation data, we do not warrant that such measures will create absolute, infallible separation under all circumstances of malicious attack.

8. LIMITATION OF LIABILITY & INDEMNIFICATION

8.1. Liability Cap: TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU FOR THE SERVICE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

8.2. Exclusion of Damages: IN NO EVENT SHALL WE BE LIABLE FOR ANY LOST PROFITS, REVENUE, OR DATA, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

8.3. Indemnification: You agree to defend, indemnify, and hold us harmless from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from: (a) your use of the Service in violation of these Terms; (b) your User Content; or (c) your use of AI Output.

9. TERMINATION

9.1. Termination by Us: We reserve the right to suspend or terminate your access to the Service, at our sole discretion, if: a) You are in material breach of these Terms. b) You fail to pay applicable subscription fees. c) Your use of the Service poses a security risk to us or any other user. d) You engage in any illegal or fraudulent activity. e) You attempt to gain unauthorised access to the data of another organisation.

9.2. Data Export: Following the termination or cancellation of your subscription, you will have ninety (90) days to export your User Content and AI Output from the Service. After this period, we may permanently delete all of your data.

10. GOVERNING LAW & DISPUTE RESOLUTION

10.1. Governing Law: These Terms and any dispute or claim arising out of or in connection with them shall be governed by and construed in accordance with the law of England and Wales.

10.2. Jurisdiction: Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms.

11. GENERAL PROVISIONS

11.1. Changes to Terms: We may modify these Terms from time to time. We will provide you with reasonable prior notice of any material changes. Your continued use of the Service after the effective date of such changes constitutes your acceptance of the new Terms.

11.2. Entire Agreement: These Terms, together with our Privacy Policy and any applicable Data Processing Agreement, constitute the entire agreement between you and us regarding the Service.

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

11.4. Contact: For any questions about these Terms, please contact us at: [Insert Company Legal Contact Email/Address].

Model Context Protocol (MCP) Integration Addendum

Last Updated: 24 June 2025

This Model Context Protocol Integration Addendum ("Addendum") is incorporated into and forms a part of the Marketingmary Terms of Service ("Terms") and, where applicable, the Data Processing Agreement ("DPA") between Marketingmary Ltd. ("we," "us," "our") and the customer organisation ("you," "your," "Organisation").

This Addendum governs your use of any third-party software, applications, or services that you choose to connect to your Marketingmary account ("MCP Integrations"). By enabling or using any MCP Integration, you agree to the terms of this Addendum.

1. DEFINITIONS

1.1. "MCP Integration" means a connection, enabled by you, that allows for the transfer of data between the Marketingmary Service and a Third-Party Service.

1.2. "Third-Party Service" means any external software, application, or platform that is not provided by Marketingmary but which you choose to connect to the Service via an MCP Integration.

2. SCOPE AND ACTIVATION

2.1. Client Control. The Marketingmary Service provides you with the technical capability to enable MCP Integrations. You have sole discretion and control over which Third-Party Services you connect to your account. All MCP Integrations are disabled by default and must be explicitly enabled by your organisation's authorised administrator on an opt-in basis.

2.2. Separate Credentials. Each MCP Integration requires you to provide your own credentials for the relevant Third-Party Service. These credentials will be isolated and used exclusively for your organisation's integration.

3. DATA PROCESSING & YOUR RESPONSIBILITIES

3.1. Instruction to Transfer. When you enable an MCP Integration, you are instructing Marketingmary to act as your agent to transfer your User Content and/or AI Output ("Your Data") to the selected Third-Party Service. You acknowledge that once Your Data is transferred, its subsequent processing, storage, and security are governed entirely by the terms, privacy policies, and security practices of the provider of that Third-Party Service.

3.2. Your Relationship with Third Parties. You are solely responsible for establishing and maintaining your own legal agreements, including any necessary data processing agreements, with the providers of any Third-Party Services you use. Marketingmary is not a party to, and has no obligations under, any such agreements. You hereby warrant that you have all necessary rights, permissions, and a valid legal basis under applicable Data Protection Laws to instruct Marketingmary to transfer Your Data to any enabled Third-Party Service.

3.3. Revoking Access. You may revoke access for any MCP Integration at any time through your account settings. Upon revocation, Marketingmary will cease transferring Your Data to that Third-Party Service. You acknowledge that this will not affect any of Your Data that has already been transferred.

3.4. Data Protection Roles. The parties agree that in respect of any Personal Data contained within Your Data: (a) Marketingmary remains your Processor under the main DPA for the act of transferring the data to the Third-Party Service upon your instruction; and (b) upon successful delivery of the data, the provider of the Third-Party Service acts as a separate processor or controller as determined by your agreement with them, and Marketingmary has no further obligations for that data.

4. DISCLAIMER & LIMITATION OF LIABILITY

4.1. NO WARRANTY. MCP INTEGRATIONS AND THIRD-PARTY SERVICES ARE NOT PART OF THE MARKETINGMARY SERVICE. THEY ARE PROVIDED "AS IS," AND WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, REGARDING THEIR PERFORMANCE, SECURITY, RELIABILITY, OR COMPLIANCE WITH ANY APPLICABLE LAWS.

4.2. LIMITATION OF LIABILITY. MARKETINGMARY SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY ACTS OR OMISSIONS OF ANY THIRD-PARTY SERVICE PROVIDER, OR FOR ANY DAMAGE, LOSS, OR HARM ARISING FROM OR IN CONNECTION WITH YOUR USE OF ANY MCP INTEGRATION OR THIRD-PARTY SERVICE. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY DATA BREACH, SERVICE UNAVAILABILITY, DATA LOSS, OR NON-COMPLIANCE WITH DATA PROTECTION LAWS CAUSED BY THE THIRD-PARTY SERVICE.

5. INDEMNIFICATION

You agree to defend, indemnify, and hold Marketingmary harmless from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from or in connection with: (a) your use of any MCP Integration; (b) any breach of your warranties under this Addendum; or (c) any claims brought against Marketingmary by a third party related to the transfer or processing of Your Data by a Third-Party Service provider you have enabled.

6. AUDIT & TRANSPARENCY

Marketingmary will maintain an audit trail of all MCP activities initiated from your account, detailing which integrations were enabled and when data transfers were instructed. We will provide clear documentation within the Service regarding the general data flows for each available MCP Integration to help you make informed decisions.

7. GENERAL

This Addendum is governed by the laws and jurisdiction set out in the Marketingmary Terms of Service. In the event of a conflict between this Addendum and the Terms regarding the subject matter herein, this Addendum shall prevail.