Terms of Service

Please read these terms carefully before using MarketingOS

Last Updated: January 6, 2026

Table of Contents

1. Acceptance of Terms 2. Description of Service 3. Account Registration 4. Acceptable Use Policy 5. Payment Terms 6. Data and Privacy 7. Intellectual Property 8. Termination 9. Warranties and Disclaimers 10. Limitation of Liability 11. Governing Law 12. Changes to Terms 13. Contact Information

1. Acceptance of Terms

By accessing or using MarketingOS ("the Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not use the Service.

These Terms constitute a legally binding agreement between you (either an individual or entity) and MarketingOS. By creating an account or using any part of the Service, you confirm that you have read, understood, and agree to be bound by these Terms.

2. Description of Service

MarketingOS is a marketing automation platform that provides the following services:

  • SEO optimization and content generation tools
  • Email campaign management and automation
  • Social media scheduling and analytics
  • Lead scoring and qualification systems
  • Advertising campaign optimization
  • Marketing analytics and reporting dashboards
  • Influencer discovery and outreach tools
  • A/B testing and experimentation frameworks

We reserve the right to modify, suspend, or discontinue any part of the Service at any time with reasonable notice.

3. Account Registration

3.1 Account Creation

To use the Service, you must create an account through our authentication provider, TENEO. You agree to:

  • Provide accurate, current, and complete information during registration
  • Maintain and promptly update your account information
  • Keep your account credentials secure and confidential
  • Notify us immediately of any unauthorized access to your account
  • Be responsible for all activities that occur under your account

3.2 Age Requirements

You must be at least 18 years old to use the Service. By creating an account, you represent that you meet this age requirement.

3.3 Account Security

You are responsible for maintaining the security of your account and password. MarketingOS cannot and will not be liable for any loss or damage arising from your failure to comply with this security obligation.

4. Acceptable Use Policy

You agree NOT to use the Service to:

  • Violate any applicable laws or regulations
  • Send spam, unsolicited emails, or violate CAN-SPAM Act requirements
  • Harvest email addresses or personal data without consent
  • Distribute malware, viruses, or harmful code
  • Engage in fraudulent or deceptive marketing practices
  • Infringe on intellectual property rights of others
  • Harass, abuse, or harm other users or third parties
  • Circumvent rate limits or abuse API endpoints
  • Scrape or copy content without permission
  • Interfere with the proper functioning of the Service

4.1 Marketing Compliance

You are responsible for ensuring your marketing campaigns comply with all applicable laws and regulations, including but not limited to:

  • CAN-SPAM Act (United States)
  • GDPR (European Union)
  • CASL (Canada)
  • CCPA (California)
  • Email marketing best practices and industry standards

4.2 Content Responsibility

You retain ownership and responsibility for all content you create, upload, or distribute through the Service. You represent that you have all necessary rights and permissions for such content.

5. Payment Terms

5.1 Subscription Plans

MarketingOS offers three subscription tiers:

  • Starter ($49/month): Up to 5 campaigns, 10,000 contacts, basic features
  • Pro ($149/month): Up to 20 campaigns, 50,000 contacts, advanced features
  • Enterprise (Custom pricing): Unlimited campaigns, custom limits, dedicated support

5.2 Billing

Subscription fees are billed monthly or annually in advance. By providing payment information, you authorize us to charge your payment method for all fees incurred.

5.3 Refunds

We offer a 14-day money-back guarantee for first-time subscribers. After 14 days, all payments are non-refundable except as required by law.

5.4 Price Changes

We reserve the right to change our pricing with 30 days' notice. Price changes will not affect your current billing cycle but will apply to subsequent renewals.

5.5 Late Payments

If payment fails, your account may be downgraded or suspended until payment is received. We may charge late fees for overdue payments as permitted by law.

6. Data and Privacy

6.1 Privacy Policy

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference.

6.2 Data Ownership

You retain all rights to your data. We claim no ownership over your content, contacts, or campaign data.

6.3 Data Processing

By using the Service, you grant us permission to process your data as necessary to provide the Service, including:

  • Storing and processing campaign data
  • Generating analytics and reports
  • Sending emails and messages on your behalf
  • Integrating with third-party marketing platforms

6.4 Data Security

We implement industry-standard security measures to protect your data. However, no system is completely secure, and we cannot guarantee absolute security.

6.5 Data Export and Deletion

You may export your data at any time in standard formats (JSON, CSV, Excel). Upon account termination, you have 30 days to export your data before it is permanently deleted.

7. Intellectual Property

7.1 Service Ownership

The Service, including all software, features, content, and trademarks, is owned by MarketingOS and protected by copyright, trademark, and other intellectual property laws.

7.2 Limited License

We grant you a limited, non-exclusive, non-transferable license to use the Service for your marketing activities in accordance with these Terms.

7.3 User Content

You grant us a non-exclusive, worldwide license to use, reproduce, and display your content solely for the purpose of providing the Service to you.

7.4 Feedback

If you provide feedback, suggestions, or ideas about the Service, we may use them without obligation or compensation to you.

8. Termination

8.1 Termination by You

You may cancel your account at any time through the account settings page. Cancellation takes effect at the end of your current billing period.

8.2 Termination by Us

We reserve the right to suspend or terminate your account if:

  • You violate these Terms or our Acceptable Use Policy
  • Your payment fails or your account becomes delinquent
  • You engage in fraudulent or illegal activities
  • We are required to do so by law
  • We discontinue the Service (with reasonable notice)

8.3 Effect of Termination

Upon termination:

  • Your right to use the Service immediately ceases
  • Your data will be available for export for 30 days
  • After 30 days, all data will be permanently deleted
  • No refunds will be provided for unused subscription time

9. Warranties and Disclaimers

Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT:

  • The Service will be uninterrupted, secure, or error-free
  • The results obtained from using the Service will be accurate or reliable
  • Any errors in the Service will be corrected
  • The Service will meet your specific requirements

9.1 No Marketing Guarantees

We do not guarantee any specific results from using the Service, including but not limited to increased conversions, traffic, or revenue. Marketing success depends on many factors beyond our control.

9.2 Third-Party Services

The Service may integrate with third-party platforms (social media, email providers, etc.). We are not responsible for the availability, accuracy, or reliability of third-party services.

10. Limitation of Liability

Liability Limitations

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MARKETINGOS SHALL NOT BE LIABLE FOR:

  • Indirect, incidental, special, consequential, or punitive damages
  • Loss of profits, revenue, data, or business opportunities
  • Costs of procurement of substitute services
  • Any damages arising from your use or inability to use the Service

OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM, OR $100, WHICHEVER IS GREATER.

10.1 Indemnification

You agree to indemnify and hold harmless MarketingOS from any claims, damages, losses, or expenses (including legal fees) arising from:

  • Your violation of these Terms
  • Your marketing activities or content
  • Your violation of any third-party rights
  • Your violation of applicable laws or regulations

11. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

Any disputes arising from these Terms or the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, except where prohibited by law.

12. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by:

  • Posting the updated Terms on this page
  • Updating the "Last Updated" date
  • Sending an email notification to your registered email address

Your continued use of the Service after changes become effective constitutes your acceptance of the modified Terms.

13. Contact Information

If you have questions about these Terms, please contact us:

  • Email: legal@marketing-os.io
  • Support: Contact Form
  • Address: MarketingOS, Inc., 123 Marketing Blvd, Suite 100, San Francisco, CA 94102

Agreement

BY USING MARKETINGOS, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.

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