Terms of Service

    Last Updated: December 2025

    These Terms of Service ("Terms") govern your access to and use of MKTGToolkit's social media and email marketing platform. By accessing or using our services, you agree to be bound by these Terms.

    1. Acceptance of Terms

    By clicking "I Agree," creating an account, or by accessing MKTGToolkit, you agree to be bound by these Terms. If you are using the service on behalf of an organization, you represent that you have the authority to bind that entity to these Terms.

    If you do not agree to these Terms, you may not access or use our services.

    2. Service Description

    MKTGToolkit provides:

    • Social Media Management: Content scheduling, publishing, and analytics across multiple platforms
    • Email Marketing: Campaign creation, automation, contact management, and analytics
    • Integration Services: Connectivity with ClickUp and social media platforms
    • AI-Powered Features: Content generation and optimization suggestions

    3. Account Responsibilities

    You are responsible for:

    • Maintaining the confidentiality of your account credentials
    • All activities that occur under your account
    • Notifying us immediately of any unauthorized use of your account
    • Providing accurate and complete registration information

    You must be at least 18 years old to create an account and use our services.

    4. AI Content & Responsibility

    Important: You are solely responsible for reviewing and approving all AI-generated content before publication.

    Ownership: You own the Input (data you provide) and the Output (AI-generated copy). MKTGToolkit claims no ownership rights over your content.

    Accuracy: You acknowledge that AI-generated content may contain inaccuracies, require editing, or be inappropriate for your specific use case. You are solely responsible for reviewing, editing, and approving all content before it is published to social media or sent via email.

    No Training: MKTGToolkit does not use your private campaign data to train global machine learning models without your explicit opt-in consent.

    5. Third-Party Integrations

    Our services integrate with third-party platforms including ClickUp, Facebook, Instagram, LinkedIn, and Twitter/X.

    • We are not responsible for the availability, security, or functionality of third-party platforms
    • Your use of integrated platforms is governed by their respective terms of service
    • If you revoke access to connected accounts, certain MKTGToolkit features may become unavailable
    • API limitations imposed by third-party platforms may affect functionality

    6. Prohibited Activities (Anti-Spam)

    You agree NOT to use our services to:

    • Send unsolicited commercial email (Spam)
    • Violate the CAN-SPAM Act, GDPR, CCPA, or other applicable regulations
    • Distribute harmful, defamatory, obscene, or illegal material
    • Impersonate any person or entity
    • Collect or harvest user data without consent
    • Interfere with or disrupt our services or servers
    • Circumvent any access controls or security measures
    • Use the service for any fraudulent or deceptive purpose

    Sanctions: We reserve the right to suspend or terminate accounts immediately if spam activity or policy violations are detected, without refund.

    7. Subscription & Billing

    Subscription Plans: Our services are offered on a subscription basis. Subscription terms and pricing are displayed during the checkout process.

    Billing Cycle: Subscriptions are billed in advance on a monthly or annual basis, depending on your selected plan.

    Automatic Renewal: Subscriptions automatically renew unless cancelled before the renewal date.

    Cancellation: You may cancel your subscription at any time through your Account Settings. Access continues until the end of the current billing period.

    Refunds: Subscriptions are non-refundable except where required by law or at our sole discretion.

    8. Intellectual Property

    Our IP: MKTGToolkit and its licensors own all intellectual property rights in the platform, including software, designs, trademarks, and documentation.

    Your Content: You retain ownership of all content you create or upload. By using our services, you grant us a limited license to process your content solely for the purpose of providing our services.

    Feedback: Any feedback, suggestions, or ideas you provide may be used by us without obligation to you.

    9. Limitation of Liability

    TO THE MAXIMUM EXTENT PERMITTED BY LAW, MKTGTOOLKIT SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

    • Loss of profits, data, or business opportunities
    • Service interruptions or data loss
    • Third-party platform outages or API changes
    • Content inaccuracies or AI-generated errors

    OUR TOTAL LIABILITY IS LIMITED TO THE AMOUNT PAID BY YOU IN THE 12 MONTHS PRECEDING THE CLAIM.

    10. Indemnification

    You agree to indemnify, defend, and hold harmless MKTGToolkit and its officers, directors, employees, and agents from any claims, damages, losses, or expenses arising from:

    • Your use of the services
    • Your violation of these Terms
    • Your violation of any rights of another party
    • Content you create, publish, or distribute through our platform

    11. Termination

    By You: You may terminate your account at any time through Account Settings or by contacting support.

    By Us: We may suspend or terminate your account for violation of these Terms, non-payment, or other reasons at our discretion.

    Effect of Termination: Upon termination, your right to access the services immediately ceases. You may request a data export before termination.

    12. Dispute Resolution

    Any disputes arising from these Terms shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. You waive your right to participate in class actions.

    Before initiating arbitration, you agree to first contact us to attempt informal resolution.

    13. Governing Law

    These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict of law principles.

    14. Changes to Terms

    We may modify these Terms at any time. Material changes will be notified via email or in-app notice at least 30 days before taking effect. Continued use of the services after changes take effect constitutes acceptance of the new Terms.

    15. Severability

    If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

    16. Contact Information

    For questions about these Terms, please contact:

    Email: legal@mktgtoolkit.com

    Subject Line: Terms of Service Inquiry