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Markable Terms of Service

Effective Date: August 15, 2026

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“you” or “User”) and Markable, Inc., a Delaware corporation (“Markable,” “we,” “us,” or “our”), and govern your access to and use of the Markable Creator platform, including our web application, native iOS and Android apps (collectively, the “App”), and the website located at https://markable.ai (the “Site”), as well as any digital products, subscription plans, features, content, tools, or services provided by Markable (collectively, the “Services”).

By accessing or using the Services, including by purchasing a digital subscription plan or creating an account, you agree to be bound by these Terms and our Privacy Policy (the “Privacy Policy”), which is incorporated herein by reference. If you do not agree to these Terms, you may not access or use the Services.

We may update or modify these Terms at any time in our sole discretion. If we make material changes, we will provide notice by updating the “Effective Date” above and, where appropriate, may notify you by email or through the App or Site. Your continued use of the Services after any changes become effective constitutes your acceptance of the updated Terms.

1. Limitation of Liability

IN NO EVENT SHALL MARKABLE, ITS AFFILIATES, OR ITS LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THE USE OF THE SITE, APP, OR SERVICES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE, PROFITS, OR DATA.

2. Disclaimers & No Guarantee of Results

Markable does not guarantee any specific results, earnings, or performance from use of the App or Services. Results vary based on numerous factors, including but not limited to creator content, platform algorithms, and audience engagement.

3. Content Ownership & Licensing

However, by using the Services, you grant Markable a worldwide, royalty-free, irrevocable, sublicensable, and transferable license to use, display, reproduce, distribute, publicly perform, and modify any content, media, or materials you upload, submit, or use in connection with the Services (collectively, “User Content”) solely for the purposes of operating, improving, and marketing the Services, including for internal training, creator onboarding, and performance analysis. This license does not include the right to sell your User Content or to use it in paid advertisements without your prior written consent.

4. Indemnification

You agree to indemnify and hold harmless Markable and its affiliates from any claims, liabilities, damages, or expenses arising out of your breach of these terms, your violation of any applicable laws or third-party rights, or your use of the Services.

5. Data Privacy, Platform Compliance, and Content Standards

Markable endeavors to comply, to the extent applicable, with data privacy laws and regulations—including the California Consumer Privacy Act (CCPA) and the European Union General Data Protection Regulation (GDPR)—consistent with the practices described in our Privacy Policy, as well as the terms and policies of any third-party platforms integrated with or accessed through our Services. Markable also endeavors to maintain compliance with the Federal Trade Commission (FTC) Endorsement Guidelines and other applicable advertising regulations.

We reserve the right, at our sole discretion, to review, flag, remove, restrict, or suspend any content or account that violates applicable law, regulatory guidance, platform policies, or our own internal safety and compliance standards. This includes, without limitation, content that depicts minors without appropriate parental or guardian consent or authorization, nudity, violence, unsafe product usage, unlicensed media, or any material deemed potentially harmful, misleading, or unlawful.

While Markable may, from time to time, conduct limited internal reviews or audits of content on or connected to its platform, such efforts are undertaken solely at Markable’s discretion and do not constitute a guarantee, obligation, or ongoing duty to monitor or enforce compliance. Creators are solely and entirely responsible for ensuring that all content they upload, publish, or promote through the Services—including, without limitation, music, video, images, endorsements, and advertising claims—fully complies with all applicable laws, regulations, licensing requirements, and third-party platform terms and conditions. Markable disclaims any and all liability arising from a creator’s failure to meet such obligations. This includes securing appropriate rights and permissions for any media used in connection with the Services. Markable reserves the right to suspend or terminate your access to the Services without refund if we determine, in our sole discretion, that your content or activity violates these Terms, applicable law, or third-party platform policies.

6. Modification or Termination of Service

Markable reserves the right to modify, suspend, or terminate the Services at any time without notice. Markable also reserves the right to suspend or terminate your access for any violation of these Terms or applicable law. You may terminate your use of the Services at any time by providing written notice to Markable. Termination will be effective at the end of your current billing cycle. Your content and access may be removed immediately upon termination.

7. Recurring Payments

(a) Subscription Recurring Payments: By subscribing to our Services on a recurring payment basis, you authorize us to charge your chosen payment method for the recurring fees specified in your subscription plan. You will be billed periodically, as specified in your subscription plan, until you cancel in accordance with Section 8 below. You are responsible for ensuring that your payment information is accurate and up to date.

(b) Tiered Billing Payments: By subscribing to our Services, you authorize us to charge your chosen payment method for the recurring fees as specified in your subscription plan. You are responsible for ensuring that your payment information is accurate and up to date. We will automatically rebill your tiered plan once you run out of pre-paid links.

(c) Automatic Renewal: If you are enrolled in a Subscription Annual Contract, your subscription will automatically renew for successive 12-month terms at Markable’s then-current pricing for that plan unless you cancel in accordance with Section 8(b) below prior to the end of the then-current term. We will send you an email notice at least 30 days before your renewal date.

8. Cancellation & Refund Terms

(a) Subscription Pay As You Go, Paid Monthly – Cancellation Terms:
You can cancel your subscription anytime by contacting business@markable.ai. If you cancel within 7 days of your initial sign-up date, you will not be billed, including for any clicks that occurred during that 7-day period. Should you cancel after 7 days, you’ll be charged for any clicks that occur during the current billing period, and your Services—including any active boosting—will continue through the end of that month’s billing period; boosting does not stop immediately upon cancellation.

(b) Subscription Annual Contract, Paid Monthly – Cancellation Terms:
If you signed up for tiered monthly pricing with discounts, your subscription is for an initial 12-month term, billed monthly. As described in Section 7(c) above, your Annual Contract automatically renews for successive 12-month terms unless you cancel before the renewal date. You may cancel prior to the end of the then-current 12-month term by contacting business@markable.ai; early cancellation does not relieve you of your obligation to pay any remaining monthly payments owed for the balance of that term, which become immediately due upon cancellation. If you have any concerns or questions about cancellation, you can contact us by emailing business@markable.ai.

9. Facebook Login

(a) To access the Services, you may use Facebook Login, which allows you to log in to the Services using your Facebook credentials. By using Facebook Login, you authorize us to access certain information from your Facebook account, including but not limited to your name, email address, and profile picture, in accordance with Facebook’s policies.

(b) You are responsible for maintaining the confidentiality of your Facebook credentials and for any activities that occur under your Facebook account. You agree to immediately notify us of any unauthorized use of your Facebook account.

10. Instagram Access

(a) Upon granting access to Instagram feed, commenting, and messaging, you authorize us to access and interact with your Instagram account on your behalf. This includes posting comments, sending messages, and retrieving your Instagram feed content.

(b) You are solely responsible for the content you post or interact with on Instagram through the Services, and you agree to comply with Instagram’s terms of service and community guidelines.

11. Talent Referral Bonus

Markable may, at its discretion, offer referral bonuses to Users, individuals, or agencies who introduce new creators to the platform. Where applicable, such bonuses may be calculated as a percentage of net revenue generated by the referred creators and paid monthly. Markable reserves the right to modify or terminate the referral bonus program at any time. Current referral bonus rate is 10.00% for a period of six months. This is a non-binding offer and Markable reserves the right to cancel or modify this referral program at any time.

12. Eligibility and Age Requirement

Markable does not allow minors (under the age of 18) to use the Markable app. You must be at least eighteen (18) years old and have the legal capacity to enter into these Terms. By using the Services, you represent and warrant that you meet this eligibility requirement.

13. Miscellaneous

These terms and conditions constitute the entire agreement and understanding between us concerning the subject matter hereof. These terms and conditions may not be altered, supplemented, or amended by the use of any other documents. The laws of the State of Delaware, without regard to their conflicts of laws principles, govern all matters relating to these Terms, your use of the App, and the purchase of Products. Section 14 below governs the resolution of disputes arising out of or relating to these Terms.

Markable is not responsible for service interruptions, feature changes, or account restrictions imposed by third-party platforms (e.g., Instagram, Facebook, Amazon). Your use of such platforms is subject to their respective terms and conditions, and Markable makes no guarantee of uninterrupted access or integration.

Markable shall not be liable for any delay or failure in performance resulting from causes beyond its reasonable control, including but not limited to acts of God, natural disasters, internet outages, platform disruptions, strikes, war, or government actions.

14. Dispute Resolution and Arbitration

Except for disputes that qualify for small claims court or claims for injunctive or other equitable relief to protect intellectual property or confidentiality rights, you and Markable agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services (a “Dispute”) will be resolved exclusively through final and binding arbitration rather than in court, except that either party may seek injunctive or other equitable relief in the state or federal courts located in Delaware to prevent actual or threatened infringement, misappropriation, or violation of a party’s intellectual property or confidentiality rights.

The arbitration will be administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules then in effect, before a single arbitrator. The arbitration will be conducted in Delaware, provided that either party may elect to appear by video or telephone conference in lieu of an in-person hearing. Each party is responsible for its own attorneys’ fees and costs; Markable will pay the arbitration filing, administrative, and arbitrator fees to the extent required by the AAA’s rules or applicable law. Judgment on the arbitrator’s award may be entered in any court of competent jurisdiction, including the state or federal courts located in Delaware.

YOU AND MARKABLE EACH WAIVE THE RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR REPRESENTATIVE PROCEEDING. This dispute resolution provision will survive termination of these Terms.

15. Severability and No-waiver

If any provision of these Terms is held to be unenforceable, the remaining provisions will remain in full force and effect. No waiver by either party of any breach or default under these Terms shall be deemed to be a waiver of any preceding or subsequent breach or default.