By creating an account or using automrktr ("the Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Service. These Terms constitute a legally binding agreement between you and automrktr.
automrktr is an AI-powered social media marketing platform that automates content generation, post scheduling, ad management, and performance analytics for businesses. The Service is provided on a subscription basis and is billed from the date of account activation.
Subject to your compliance with these Terms and timely payment of all applicable fees,automrktr grants you a limited, non-exclusive, non-transferable, revocable licence to access and use the Service solely for your internal business purposes during the term of your subscription. This licence does not include any right to sublicense, resell, copy, modify, create derivative works from, publicly display, or otherwise exploit the Service except as expressly permitted in these Terms. All rights not expressly granted are reserved by automrktr.
The Service, including its software, algorithms, user interface, design, text, graphics, logos, and all other content provided by automrktr, is owned by or licensed to automrktr and is protected by copyright, trademark, trade secret, and other intellectual property laws. The automrktr name, logo, and all related product and service names are trademarks of automrktr. You may not use any automrktr trademark, logo, or trade dress without our prior written permission.
Nothing in these Terms transfers any ownership interest in automrktr's intellectual property to you. Any unauthorised use of automrktr's intellectual property is a breach of these Terms and may violate applicable law.
Certain features consume AI credits. Credits are purchased separately or included in your plan. Unused credits do not roll over between billing periods unless otherwise stated in your plan. Credits have no cash value and are non-refundable.
You agree not to use the Service to:
If you use the Service to manage accounts on behalf of clients or sub-users ("Managed Clients"), you are solely responsible for: (a) ensuring each Managed Client's content and campaigns comply with these Terms and applicable law; (b) obtaining all necessary authorisations from Managed Clients to connect their social media accounts; and (c) all activity conducted through the Service on behalf of Managed Clients, as if such activity were your own. automrktr has no relationship with your Managed Clients and accepts no liability for their content or actions.
The Service may not be used by, or on behalf of, businesses primarily engaged in:
automrktr reserves the right to suspend or terminate accounts that violate these terms without refund, and to recover any costs incurred as a result of the violation.
You retain ownership of all content you provide to the Service. By using the Service, you grant automrktr a limited, non-exclusive, royalty-free licence to use, store, and process your content solely to provide and improve the Service.
Content generated by AI on your behalf belongs to you, subject to the terms of the underlying AI model providers. automrktr makes no warranty that AI-generated content is original, accurate, or free from third-party rights.
The Service integrates with third-party platforms including Meta, LinkedIn, Google Ads, TikTok, TikTok Shop, and Stripe. Your use of these integrations is subject to those platforms' own terms of service. automrktr is not responsible for changes, outages, or policy decisions made by third-party platforms.
When you connect a third-party platform account (such as TikTok, Meta, LinkedIn, or Google Ads) to the Service, you authorize automrktr to act as a "Permitted User" on your behalf, as defined under the applicable platform's commercial terms. You represent and warrant that you have full authority to grant automrktr such access, and that doing so does not violate any applicable platform terms or laws.
You are solely responsible for all activity that occurs through your connected platform accounts, including activity carried out by automrktr on your behalf pursuant to your instructions or automated settings within the Service. automrktr acts only within the permissions you grant and the instructions you configure.
automrktr stores your platform access tokens in encrypted form (AES-256-GCM) and accesses them only server-side to perform actions you have authorized. We do not share your authorization tokens or credentials with any third party, and our staff access to credentials is limited to personnel who require it to operate the Service.
When you disconnect a platform account from the Service — whether by using the disconnect feature, cancelling your subscription, or requesting account deletion —automrktr will immediately cease accessing that platform account and delete all stored authorization tokens and credentials associated with it. This applies to all connected platforms including TikTok, TikTok Shop, Meta, LinkedIn, and Google Ads.
Analytics, reports, and performance data received from TikTok ("TikTok Data") may only be used to plan and manage your use of TikTok's commercial products, and on an aggregated and anonymized basis to assess their effectiveness. You agree not to attempt to de-aggregate, de-anonymize, or use TikTok Data to create or improve profiles or segments relating to any TikTok user, device, or browser. These restrictions are imposed by TikTok's Commercial Terms of Service and apply regardless of any other provision in these Terms.
When publishing content to TikTok through the Service, you are responsible for accurately completing all branded content disclosure fields (paid partnership and organic brand mention toggles) in accordance with TikTok's Branded Content Policy.automrktr provides these disclosure controls but cannot verify the accuracy of your selections. Failure to make required disclosures is your responsibility and may result in TikTok removing content or suspending your account.
Third-party platform terms change from time to time. automrktr will make reasonable efforts to keep the Service compliant with material changes, but we cannot guarantee uninterrupted access to any third-party integration. You are responsible for reviewing and complying with the terms of each platform you connect.
You are solely responsible for ensuring that all advertisements, sponsored content, and promotional materials created, scheduled, or published through the Service comply with: (a) applicable laws and regulations, including the FTC's Endorsement Guides and any equivalent laws in your jurisdiction; (b) the advertising policies of each third-party platform on which content is published; and (c) any industry-specific regulations applicable to your business or products (including regulations governing financial services, healthcare, alcohol, or controlled substances).
automrktr provides tools to facilitate ad creation and scheduling but does not review, pre-approve, or guarantee the compliance of your advertising content. automrktr is not responsible for any fines, penalties, account suspensions, or legal liability arising from non-compliant advertising. You agree to indemnify automrktr for any such claims.
You may cancel your subscription at any time from the billing settings page. Your account will remain active until the end of the current billing period. No partial refunds are issued for the remaining period.
Upon cancellation or termination of your account for any reason, automrktr will retain your account data (including content, campaign history, and analytics) for up to 30 days, during which you may request an export by contacting legal@automrktr.io. After this 30-day period, automrktr may permanently delete all data associated with your account, including content, campaign history, analytics, connected account tokens, and any other stored information, with no obligation to recover or restore it.
Accounts terminated for violation of these Terms may have data deleted immediately without a retention period. automrktr is not liable for any loss of data following termination.
automrktr does not guarantee any specific level of uptime, availability, or response time for the Service. Scheduled and unscheduled maintenance, third-party platform outages, and infrastructure failures may result in temporary service interruptions. We will make reasonable commercial efforts to maintain availability, but provide no SLA and no credit or refund for downtime unless separately agreed in writing.
automrktr reserves the right to modify, suspend, or discontinue any feature or the entire Service at any time, with or without notice. We will provide reasonable advance notice of major feature discontinuations where practicable.
automrktr may suspend or terminate your account immediately and without prior notice if: (a) you breach any provision of these Terms; (b) you engage in fraudulent, abusive, or illegal activity through the Service; (c) you fail to pay fees when due and do not cure the failure within 7 days of notice; (d) continued provision of the Service to you would expose automrktr to legal liability or reputational harm; or (e) you are subject to insolvency proceedings or become unable to pay your debts. Termination for cause does not entitle you to any refund.
automrktr may terminate your account for any reason or no reason upon 30 days' written notice to the email address on your account. In the event of termination for convenience by automrktr, you will receive a pro-rated refund of any prepaid fees covering the period after the termination date.
Upon any termination or expiration of these Terms: (a) all licences granted to you immediately terminate and you must cease all use of the Service; (b) automrktr may immediately revoke your access without further notice; and (c) any outstanding payment obligations remain due and payable. Termination does not limit automrktr's right to pursue any other remedies available at law or in equity.
The Service is provided "as is" and "as available" without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement. automrktr does not warrant that the Service will be uninterrupted, error-free, or that results obtained through the Service will be accurate. No oral or written information or advice given by automrktr or its representatives shall create any warranty not expressly stated herein.
automrktr makes no representation, warranty, or guarantee — express or implied — that use of the Service will result in any particular advertising outcome, including but not limited to impressions, clicks, conversions, leads, sales, return on ad spend (ROAS), revenue growth, follower growth, engagement rate, search ranking, or any other performance metric. Past performance of campaigns run through the Service does not guarantee future results.
AI-generated content, automated scheduling, and algorithmic ad optimization are provided as tools only. Results depend on many factors outside automrktr's control, including platform algorithms, market conditions, budget levels, audience targeting, industry competition, and the quality of your underlying products or services. You assume all risk associated with your advertising spend.
automrktr may make certain features available as "beta," "preview," "early access," or similarly designated features. These features are provided as-is without any warranty, may be incomplete or contain errors, and may be changed, suspended, or discontinued at any time without notice or liability. Your use of beta features is entirely at your own risk.
To the maximum extent permitted by law, automrktr shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, goodwill, or business opportunities, arising out of or related to your use of or inability to use the Service, even if automrktr has been advised of the possibility of such damages. This includes without limitation any damages arising from reliance on AI-generated content, failed or delayed post scheduling, ad spend outcomes, third-party platform actions, or data loss. Our total aggregate liability to you for any and all claims shall not exceed the total amount you paid automrktr in the three calendar months immediately preceding the event giving rise to the claim.
By using the Service, you represent and warrant that:
You agree to indemnify, defend, and hold automrktr and its officers, directors, employees, contractors, and agents harmless from any claims, demands, damages, losses, liabilities, and expenses (including reasonable legal fees) arising out of or relating to: (a) your use of the Service; (b) your content or advertising; (c) your violation of these Terms; (d) your violation of any third-party right, including intellectual property, privacy, or advertising rights; or (e) any claim by a Managed Client arising from your use of the Service on their behalf. This indemnification obligation survives termination of these Terms.
We may update these Terms from time to time. We will notify you of material changes by email or by displaying a notice within the Service. Continued use of the Service after changes take effect constitutes your acceptance of the revised Terms.
These Terms are governed by and construed in accordance with the laws of the State of Utah, United States, without regard to its conflict of law principles. Subject to the arbitration agreement in Section 18, any legal action not subject to arbitration shall be brought exclusively in the state or federal courts located in Salt Lake County, Utah, and you consent to personal jurisdiction in those courts.
Before initiating arbitration, you agree to first contact us at legal@automrktr.io and attempt to resolve the dispute informally for at least 30 days. Both parties agree to negotiate in good faith during this period.
If the dispute is not resolved informally, you and automrktr agree that any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Service — including questions about the existence, validity, or enforceability of these Terms — shall be resolved exclusively by final, binding arbitration administered by the American Arbitration Association ("AAA") under its then-current Consumer Arbitration Rules (available at www.adr.org), rather than in court. The arbitration shall take place in Salt Lake City, Utah, or by videoconference at either party's request. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. The arbitrator may award the same damages and relief as a court, but may not award declaratory or injunctive relief benefiting anyone beyond the parties to the arbitration.
AAA filing fees will be split equally unless the arbitrator determines that fee-sharing is unduly burdensome, in which case automrktr will pay your reasonable filing fees. Each party shall bear its own attorneys' fees except where the arbitrator awards fees pursuant to applicable law.
Notwithstanding the above, either party may seek emergency injunctive or equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of intellectual property rights, or to prevent irreparable harm pending the outcome of arbitration. Claims that are within the jurisdiction of small claims court may be brought in that court.
You and automrktr 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, collective, consolidated, private attorney general, or representative proceeding. The arbitrator may not consolidate more than one person's claims and may not preside over any class or representative proceeding. If this waiver is found unenforceable as to any claim, that claim must be severed from arbitration and litigated in court, with all other claims remaining in arbitration.
You may opt out of binding arbitration by emailing legal@automrktr.io with "Arbitration Opt-Out" in the subject line within 30 days of first creating your account. Opting out does not affect any other provision of these Terms.
automrktr shall not be liable for any failure or delay in performing its obligations under these Terms caused by circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemic, epidemic, war, terrorism, civil unrest, government action or regulation, internet or telecommunications outages, power failures, cyberattacks, or the suspension, outage, policy change, or API modification of any third-party platform or service provider (including social media platforms). During such events, automrktr's obligations are suspended for the duration of the event. If the event continues for more than 60 days, either party may terminate the affected subscription with written notice, and automrktr will provide a pro-rated refund of prepaid fees for the undelivered period.
If any provision of these Terms is held to be invalid, illegal, or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible. All remaining provisions shall continue in full force and effect.
These Terms, together with the Privacy Policy and any applicable plan-specific or order-specific terms presented at time of purchase, constitute the entire agreement between you and automrktr with respect to the Service and supersede all prior and contemporaneous agreements, representations, warranties, and understandings, whether written or oral.
automrktr's failure to enforce any right or provision of these Terms on any occasion shall not constitute a waiver of that right or provision on any future occasion. Any waiver must be in writing and signed by an authorised representative of automrktr to be effective.
You may not assign, transfer, or sublicense your rights under these Terms withoutautomrktr's prior written consent. Any purported assignment in violation of this section is void. automrktr may assign these Terms, in whole or in part, without restriction, including in connection with a merger, acquisition, or sale of assets. These Terms bind and inure to the benefit of the parties and their permitted successors and assigns.
Notices from automrktr to you will be sent to the email address on your account. Notices are effective upon sending. Notices from you to automrktr must be sent to legal@automrktr.io and are effective upon confirmed receipt.
The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, franchise, or employment relationship between you and automrktr.
To the maximum extent permitted by applicable law, any claim or cause of action arising out of or related to your use of the Service or these Terms must be filed within one (1) year after the claim or cause of action arose, regardless of any statute or law to the contrary. Claims not filed within this period are permanently barred.
The following sections survive any expiration or termination of these Terms and continue in full force and effect: Section 4 (Intellectual Property), Section 9 (Content Ownership), Section 11A (Data Retention on Termination), Section 11C (Effect of Termination), Section 13 (Limitation of Liability), Section 14 (Representations and Warranties), Section 15 (Indemnification), Section 17 (Governing Law), Section 18 (Dispute Resolution and Arbitration), and Section 20 (General Provisions), together with any other provisions that by their nature should survive termination.
By creating an account and using the Service, you consent to receive communications from automrktr electronically, including emails, in-app notices, and other digital communications. You agree that all agreements, notices, disclosures, and other communications that automrktr provides to you electronically satisfy any legal requirement that such communications be in writing, to the fullest extent permitted by applicable law including the Electronic Signatures in Global and National Commerce Act ("E-SIGN Act") and equivalent state laws. You further agree that your electronic acceptance of these Terms (by clicking "I agree," checking a box, or otherwise using the Service) constitutes your valid and binding electronic signature and has the same legal effect as a handwritten signature.
automrktr respects intellectual property rights and complies with the Digital Millennium Copyright Act ("DMCA"). If you believe that content on the Service infringes your copyright, please send a notice to legal@automrktr.io with: (a) identification of the copyrighted work claimed to be infringed; (b) identification of the infringing material and its location on the Service; (c) your contact information; (d) a statement of good-faith belief that the use is not authorised; (e) a statement under penalty of perjury that the information is accurate and you are the copyright owner or authorised to act on their behalf; and (f) your physical or electronic signature.
Repeat infringers may have their accounts terminated at automrktr's sole discretion. automrktr is not liable for user-uploaded content that infringes third-party rights; responsibility rests with the user who submitted the content.
automrktr reserves the right, but is not obligated, to monitor content published or scheduled through the Service for compliance with these Terms and applicable law. We may remove or disable access to any content or account that we determine, in our sole discretion, violates these Terms or poses a risk to the Service, other users, or third parties. Such action does not imply any obligation to monitor, and automrktrexpressly disclaims liability for failing to monitor or act on any content.
If you submit ideas, suggestions, bug reports, feature requests, or other feedback ("Feedback") to automrktr, you grant automrktr a perpetual, irrevocable, worldwide, royalty-free, fully paid-up licence to use, reproduce, modify, create derivative works from, and otherwise exploit that Feedback for any purpose, without compensation or attribution to you. automrktr is under no obligation to act on any Feedback.
The Service and any related software may be subject to United States export control laws and regulations. You represent and warrant that you are not located in, and are not a national or resident of, any country subject to a U.S. government embargo or designated as a "terrorist supporting" country, and that you are not listed on any U.S. government list of prohibited or restricted parties. You agree to comply with all applicable export and re-export control laws in connection with your use of the Service.
Questions about these Terms? Contact us at legal@automrktr.io.