Terms of Service

1. Acceptance

By accessing or using Mrkup.ai you confirm that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree, you must not use the service.

2. Service description

Mrkup.ai provides a web-based platform for uploading, annotating, versioning, and AI-assisted editing of HTML files ("the Service"), operated by Mrkup.ai from Zürich, Switzerland. We reserve the right to modify, suspend, or discontinue any part of the Service with 14 days' notice, except in cases of urgent security or legal necessity.

3. Eligibility and accounts

• You must be at least 16 years old to create an account.
• You must provide accurate, current, and complete information.
• You are responsible for maintaining the security of your credentials and for all activity that occurs under your account.
• You must notify us immediately at hello@mrkup.ai if you suspect unauthorised access.

4. Your content

• You retain full ownership of all HTML files, annotations, and other content you upload ("Your Content").
• By uploading, you grant Mrkup.ai a limited, non-exclusive, worldwide, royalty-free licence to store, process, display, and transmit Your Content solely for the purpose of providing the Service.
• This licence ends when you delete the content or close your account.
• You represent and warrant that you have all necessary rights to upload and share Your Content and that it does not infringe any third-party rights.

5. Acceptable use

You may not use Mrkup.ai to:

• Upload, share, or process content that is illegal, infringing, defamatory, or harmful.
• Attempt to gain unauthorised access to the Service or other users' accounts or data.
• Resell, sublicence, or commercially redistribute access to the Service without our written consent.
• Use automated tools to scrape, extract, or mine data from the Service.
• Reverse-engineer, decompile, or disassemble any part of the Service.
• Engage in activities that unreasonably burden the Service infrastructure.
• Use the Service to send unsolicited communications or to harass others.

6. AI features

• AI Apply sends your HTML content and annotations to third-party AI model providers on your explicit instruction.
• You are solely responsible for reviewing AI-generated output before incorporating it into any deliverable.
• We make no representations or warranties regarding the accuracy, completeness, or fitness for purpose of AI-generated content.
• AI usage is subject to the applicable terms and acceptable use policies of each model provider.

7. Billing and payments

• Pro subscriptions are billed monthly or annually in advance via Stripe.
• You may cancel at any time from your account settings. Your access continues until the end of the current billing period.
• We do not offer refunds for partial billing periods or unused subscription time, except where required by applicable law.
• We reserve the right to adjust prices with at least 30 days' written notice. Continued use after the effective date constitutes acceptance.
• Late or failed payments may result in service suspension.

8. Free plan

The Free plan is provided "as is" with no uptime guarantees or SLA. We may change Free plan limits, features, or discontinue the Free plan entirely with 30 days' notice.

9. API access

• API access is subject to rate limits documented at mrkup.ai/api.
• We reserve the right to throttle or suspend API access in response to abuse or excessive usage.
• No SLA applies to the API on the Free plan. Pro plan users benefit from a 99.5% monthly uptime target (excluding scheduled maintenance).

10. Intellectual property

• The Service, including its design, source code, trademarks, and brand assets, is owned by Mrkup.ai.
• Nothing in these Terms grants you any rights in the platform beyond what is necessary to use the Service as intended.
• Feedback, suggestions, or ideas you share with us may be used by Mrkup.ai without obligation or compensation.

11. Disclaimer of warranties

The Service is provided "as is" and "as available" without warranty of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or free of harmful components.

12. Limitation of liability

To the maximum extent permitted by applicable law, Mrkup.ai's aggregate liability for any claim arising out of or relating to these Terms or the Service shall not exceed the total fees you paid to Mrkup.ai in the three calendar months preceding the event giving rise to the claim. We are not liable for indirect, incidental, consequential, special, or punitive damages.

13. Indemnification

You agree to indemnify, defend, and hold harmless Mrkup.ai and its officers, employees, and agents from and against any claims, liabilities, damages, and expenses (including reasonable legal fees) arising from: (a) Your Content; (b) your use of the Service; (c) your violation of these Terms; or (d) your violation of any third party's rights.

14. Termination

• You may terminate your account at any time by deleting it from your account settings.
• We may suspend or terminate your account immediately for material breach of these Terms, or with 14 days' notice for any other reason.
• On termination, your right to access the Service ceases. Sections on intellectual property, limitation of liability, indemnification, and governing law survive termination.

15. Governing law and disputes

These Terms are governed by the laws of Switzerland, excluding its conflict-of-law rules. Any dispute arising from or relating to these Terms shall be subject to the exclusive jurisdiction of the courts of Zürich, Switzerland. If you are a consumer in the EU, mandatory consumer protection laws of your country of residence may also apply.

16. Changes to these Terms

We will notify you by email at least 14 days before any material change to these Terms takes effect. Your continued use of the Service after the effective date constitutes your acceptance of the updated Terms.

17. Contact

For questions about these Terms: hello@mrkup.ai — Mrkup.ai, Zürich, Switzerland.