Terms of Service

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Please read these Terms of Service ("Terms") carefully before using our application ("App"). These Terms constitute a legally binding agreement between you ("User," "you," or "your") and Marky ("we," "us," "our," or the "Company") governing your use of the App. By accessing or using the App, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you should not use the App.

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1. Acceptance of Terms

By using the App, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree with any part of these Terms or our Privacy Policy, you should not use the App. By using our application ("App"), you acknowledge and agree to these Terms and to comply with TikTok's Developer Terms, where applicable.

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2. Description of the App

The App provides a platform that connects to your social media accounts, generates AI-generated content, and allows you to approve and automatically post selected content to your social media accounts. When connecting to TikTok, the App adheres to TikTok's API and data usage policies.

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3. User Obligations

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3.1 Account Creation

In order to use the App, you must create an account and provide accurate and up-to-date information. You are solely responsible for maintaining the confidentiality of your account login credentials and for any activity that occurs under your account.

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3.2 Appropriate Use

You agree to use the App in compliance with all applicable laws and regulations, including TikTok's. You will not use the App to engage in any illegal, harmful, or abusive activities. You are solely responsible for the content you post through the App and ensuring that it complies with the terms of service of the social media platforms to which you connect.

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3.3 Consent and Authorization

By using the App, you give us your consent and authorization to access your social media accounts, generate content on your behalf, and post the approved content to your social media accounts.

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4. Intellectual Property Rights

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4.1 Our Rights

The App, including all content, features, and functionality, is owned by the Company or its licensors and is protected by intellectual property laws. You acknowledge and agree that the Company retains all rights, title, and interest in the App and its content.

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4.2 User Content

By using the App, you grant the Company a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, modify, adapt, publish, distribute, and display the content you post through the App for the purpose of providing and promoting the App. You represent and warrant that you have all the necessary rights to grant this license.

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5. Privacy

We respect your privacy and handle your personal information in accordance with our Privacy Policy. By using the App, you consent to the collection, use, and disclosure of your information as described in our Privacy Policy.

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6. Limitations of Liability

To the maximum extent permitted by law, the Company and its affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or in connection with your use of the App.

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7. Indemnification

You agree to indemnify and hold the Company, its affiliates, and their respective officers, directors, employees, and agents harmless from and against any claims, liabilities, damages, losses, or expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your use of the App or violation of these Terms.

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8. Modifications to the Terms

We reserve the right to modify these Terms at any time. We will notify you of any material changes to these Terms by posting a notice within the App or by sending you an email. Your continued use of the App after the effective date of the modified Terms constitutes your acceptance of the changes.

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9. Termination

We reserve the right to suspend or terminate your access to the App at any time, with or without notice.

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10. Compliance with TikTok's Terms

When using features related to TikTok, ensure compliance with TikTok's Developer Terms, including data use and intellectual property rights.

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11. Refund Terms

We offer a 7-day refund period. Contact us within 7 days of purchase for a hassle-free refund.

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12. SMS Terms and Conditions

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12.1 Program description: When opted-in, you will receive text messages (SMS/MMS) to your mobile number. These kinds of messages may include a response to an inquiry, real-time texts to ask and answer questions about our services and pricing, and appointment confirmations.

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12.2 Program frequency: Message frequency will vary depending on the conversation.

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12.3 Opt out: You can opt-out of this service at any time. Just text “STOP” to the phone number. After you text “STOP” to us, we will send you an SMS reply to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time or text “START,” and we will start sending SMS messages to you again.

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12.4 Help: If you are experiencing any issues, you can reply with the keyword HELP. Or, you can get help directly from us using our chat interface on our website or within Marky.

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12.5 Interruption: Carriers, such as AT&T, are not liable for delayed or undelivered messages.

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12.6 Costs: Message and data rates may apply for any messages sent to you from us and to us from you. If you have any questions about your text plan or data plan, please contact your wireless provider.

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12.7 Privacy: If you have any questions regarding privacy, please read our privacy policy.

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Last Updated: Aug 14, 2024