Terms of Service

Last updated: April 28, 2026

1. Agreement to Terms

By accessing or using Markitekt (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.

You must be at least 18 years of age to create an account or use the Service. By using Markitekt you represent and warrant that you meet this age requirement.

These Terms are governed by the laws of the Province of British Columbia, Canada, without regard to its conflict of law provisions. Your use of the Service may also be subject to other local, provincial, national, or international laws.

2. Description of Service

Markitekt is an AI-powered digital marketing platform that enables users to generate marketing strategies, AI product photography, social media content calendars, and paid media plans from a single product image upload.

The Service operates on a token-based system. Tokens are purchased in advance and consumed each time you run an AI generation. The token cost for each generation type is displayed in the app before you confirm any action.

We reserve the right to modify, suspend, or discontinue any part of the Service at any time with or without notice. We will not be liable to you or to any third party for any such modification, suspension, or discontinuation.

3. Token Purchases & Payments

Tokens are purchased in advance through our payment processor, Stripe. All transactions are processed securely by Stripe; Markitekt does not store your payment card details.

Accepted payment methods: Visa, Mastercard, American Express, and Discover. All prices are listed and charged in USD.

No refunds. All token purchases are final and non-refundable. Once tokens are purchased they cannot be exchanged for cash or credit, regardless of whether they are used.

No expiry. Unused tokens do not expire as long as your account remains active. Tokens have no cash value and cannot be transferred between accounts.

The token cost for each AI generation type is displayed in the app before you confirm the action. By confirming a generation you authorize the deduction of the stated token amount from your balance.

4. Content Policy

Markitekt is intended for legitimate commercial marketing use only. The following content is strictly prohibited on the platform:

Prohibited Uploads

  • Images of prohibited, illegal, controlled, or prescription products
  • Adult, sexually explicit, or pornographic products or content
  • Drug paraphernalia, weapons, or products that facilitate harm
  • Content that violates any applicable law or regulation

Prohibited Prompt Usage

  • Generating sexually explicit, violent, hateful, or harassing content
  • Generating content that promotes discrimination or illegal activity
  • Attempting to bypass or jailbreak AI moderation systems
  • Any use that violates Google's Generative AI Prohibited Use Policy

All AI generations are subject to automated content moderation. We reserve the right to review flagged outputs and take action at our sole discretion.

Violations of this Content Policy may result in immediate account suspension or permanent termination without notice and without refund of any remaining token balance. We reserve the right to report illegal content to the appropriate authorities.

5. Intellectual Property

Your content. You retain all ownership rights to the images, text, and other materials you upload to the Service. By uploading content you grant Markitekt a limited, non-exclusive, royalty-free licence to process and display that content solely for the purpose of delivering the Service to you.

AI-generated content.Output generated by the AI models on your behalf (marketing copy, product images, social content) is owned by you, subject to the terms and acceptable use policies of the underlying model providers, including Google's Generative AI Prohibited Use Policy. You are responsible for ensuring your use of generated content complies with applicable laws and third-party rights.

Markitekt IP. The Markitekt name, logo, website design, platform interface, and all underlying software are the exclusive intellectual property of Markitekt and are protected by copyright, trademark, and other applicable laws. You may not use, copy, or reproduce any Markitekt branding or proprietary materials without our prior written consent.

6. Prohibited Activities

In addition to the Content Policy above, you agree not to engage in any of the following:

  • Reverse engineering. Attempting to decompile, disassemble, reverse engineer, or otherwise derive source code from any part of the Service.
  • Scraping or automated access. Using bots, scrapers, crawlers, or any automated means to access, harvest data from, or interact with the Service without our express written permission.
  • Credential sharing. Sharing your account login credentials with any other person or entity. Each account is for a single user only.
  • Token circumvention. Attempting to exploit bugs, manipulate API calls, or otherwise obtain AI generations without the proper token deduction.
  • Illegal commerce. Using the platform to create marketing materials for illegal goods or services, including but not limited to unlicensed pharmaceuticals, prohibited weapons, or fraudulent schemes.
  • Interference. Taking any action that imposes an unreasonable or disproportionately large load on our infrastructure, or that interferes with the proper working of the Service.

7. Disclaimers & Limitation of Liability

As-is service.THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

AI content accuracy. AI-generated outputs — including marketing copy, strategies, product images, and media plans — are provided for informational and creative purposes only. We make no representations or warranties as to the accuracy, completeness, or fitness for any particular purpose of any AI-generated content. You are solely responsible for reviewing, verifying, and using such content.

Limitation of liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MARKITEKT AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE. IN ANY EVENT, OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO MARKITEKT IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

8. Dispute Resolution

Informal negotiations. Before filing any formal dispute, you agree to first attempt to resolve the dispute informally by contacting us at privacy@markitekt.ai. We will attempt to resolve the dispute informally within 30 days of receiving your notice. If the dispute is not resolved within that period, either party may proceed to arbitration.

Binding arbitration.Any dispute, claim, or controversy arising out of or relating to these Terms or the Service that is not resolved through informal negotiation shall be submitted to binding arbitration in accordance with the arbitration rules applicable in British Columbia, Canada. The arbitration shall be conducted in English. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

Governing law. These Terms and any dispute arising hereunder shall be governed by and construed in accordance with the laws of the Province of British Columbia, Canada, without giving effect to any choice or conflict of law provisions.

Class action waiver. Any arbitration shall be conducted on an individual basis and not in a class, consolidated, or representative action. You waive any right to participate in a class action lawsuit or class-wide arbitration.

9. Changes to Terms

We reserve the right to modify these Terms at any time. When we do, we will update the "Last updated" date at the top of this page. For material changes, we may also provide additional notice such as sending you an email or displaying a prominent notice within the Service.

Your continued use of the Service after any changes to these Terms constitutes your acceptance of the new Terms. If you do not agree to the revised Terms, you must stop using the Service.

10. Contact

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