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.
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:
automrktr reserves the right to suspend or terminate accounts that violate these terms without refund.
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, 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.
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.
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.
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, or business opportunities, arising out of or related to your use of the Service, even if automrktr has been advised of the possibility of such damages. Our total liability to you for any claim shall not exceed the amount you paid us in the three months preceding the claim.
You agree to indemnify and hold automrktr and its officers, directors, employees, and agents harmless from any claims, damages, losses, or expenses (including legal fees) arising out of your use of the Service, your content, or your violation 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 15, 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.
Questions about these Terms? Contact us at legal@automrktr.io.