Terms of Service

By accessing or using the Marq AI platform at trymarq.com ("Service"), operated by TryMarq, LLC, a Delaware corporation with its registered office at 131 Continental Dr, Suite 305, Newark, DE 19713, New Castle County, Delaware, you agree to be bound by these Terms of Service ("Terms"). If you do not agree, do not access or use the Service.

These Terms constitute a legally binding agreement between you ("User," "you," or "your") and TryMarq, LLC ("Company," "we," "us," or "our"). We may update these Terms at any time; continued use constitutes acceptance.

Marq AI provides an AI-powered marketing content generation platform enabling users to create ad copy, social media posts, email sequences, landing page copy, headline A/B tests, audience intelligence reports, ad images, and brand identity analysis. The Service uses third-party large language models (including OpenAI GPT) and image generation models (DALL·E) to produce content based on user inputs.

You must be at least 18 years old and capable of forming a binding contract to use the Service. By creating an account, you represent and warrant that you meet these requirements. If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization.

You must provide accurate, current, and complete information during registration. You are solely responsible for maintaining the confidentiality of your account credentials and for all activities under your account. You must notify us immediately at [email protected] of any unauthorized access or security breach.

The Service operates on a credit-based system. Each AI generation action consumes credits as specified on the platform. Free accounts receive 5 starter credits. Purchased credits are non-refundable once consumed, non-transferable, and tied to your account. Credit balances do not expire. Pricing is subject to change with 30 days' notice. All fees are stated in US dollars and exclude applicable taxes.

Your Content: You retain all rights to content you input and content generated through the Service ("Output"). You are solely responsible for reviewing Output before publication and ensuring compliance with applicable laws and platform-specific advertising policies.

Our Platform: The Service, including all software, design, trademarks, and proprietary technology, is owned by TryMarq, LLC and protected by intellectual property laws. Nothing in these Terms grants you rights to our trademarks, logos, or brand assets.

Data Usage: You grant us a limited, non-exclusive license to use anonymized, aggregated usage data to improve our AI models and service quality. Brand DNA profiles and proprietary brand information are never used for training purposes.

You agree not to: (a) use the Service to generate content that is illegal, defamatory, obscene, or infringes on third-party rights; (b) attempt to reverse-engineer, decompile, or extract source code from the Service; (c) use automated scripts or bots to access the Service; (d) resell, sublicense, or redistribute generated content as a competing service; (e) circumvent credit limits or usage restrictions; (f) use the Service in any manner that could damage, disable, or impair our infrastructure.

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. We do not warrant that Output will be accurate, complete, suitable for your purposes, or free from errors. AI-generated content may contain inaccuracies and should be reviewed before use.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TryMarq, LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY. Our total aggregate liability shall not exceed the amount you paid to us in the 12 months preceding the claim.

You agree to indemnify, defend, and hold harmless TryMarq, LLC, its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising from: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any third-party rights; (d) content you generate, publish, or distribute using the Service.

We may suspend or terminate your account at any time for violations of these Terms, abusive usage patterns, non-payment, or any activity that compromises platform integrity. You may terminate your account at any time through the account settings. Upon termination, unused credits are forfeited and your right to access the Service ceases immediately.

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to conflict of law provisions. Any dispute arising under these Terms shall be resolved exclusively in the state or federal courts located in New Castle County, Delaware. You consent to personal jurisdiction in such courts.

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.

These Terms, together with the Privacy Policy, Cookie Policy, and any applicable Software License Agreement, constitute the entire agreement between you and TryMarq, LLC regarding the Service and supersede all prior agreements and understandings.

Questions about these Terms? Contact us at [email protected] or write to us at: TryMarq, LLC, 131 Continental Dr, Suite 305, Newark, DE 19713, New Castle County, Delaware.