MKTAI Platform Terms of Use

1. Acceptance of Terms

By accessing and using the MKTAI platform (“Platform”), available at mktai.io, you acknowledge that you have read, understood and agree to be bound by these Terms of Use. If you do not agree with any provision, please do not use the Platform.

MKTAI reserves the right to modify these Terms at any time, with reasonable notice to registered users. Continued use after modification constitutes acceptance of the updated terms.

2. Eligibility

To use the Platform, you must: (a) be at least 18 years of age; (b) have full legal capacity to enter into binding contracts under Australian law; (c) provide truthful and complete information during registration.

3. Description of Service

MKTAI is a SaaS (Software as a Service) platform that provides Artificial Intelligence models specialised in digital marketing, including but not limited to: copywriting, paid traffic strategy, social media scripts, SEO optimisation and content generation for websites.

The Platform uses generative AI technologies. Content generated is produced by machine learning algorithms and may contain inaccuracies, factual errors or outdated information (“hallucinations”). All generated content must be reviewed by the user before any use. MKTAI does not warrant that AI-generated content will be error-free, complete or suitable for any particular purpose.

4. Account Registration & Security

You are responsible for: (a) maintaining the confidentiality of your access credentials; (b) all activities conducted under your account; (c) immediately notifying MKTAI of any unauthorised use.

MKTAI operates on an invite-only basis. Account creation requires a valid invite code issued by an active user.

5. Intellectual Property

5.1. User Content (Inputs): You retain all rights to the data, text, prompts and files you submit to the Platform (“User Content”). By submitting User Content, you grant MKTAI a limited, non-exclusive and revocable licence to process that data solely for the purpose of providing the service.

5.2. Generated Content (Outputs): You receive a broad, non-exclusive and perpetual licence to use all content generated by the AI in response to your requests, including commercial use, provided it complies with these Terms. MKTAI does not claim ownership of content generated for you.

5.3. Platform: MKTAI holds all intellectual property rights to the Platform, including software, algorithms, trained models, design, branding, logos and technical documentation. No licence to these assets is granted to the user.

6. Prohibited Conduct (Acceptable Use Policy)

It is expressly prohibited to use the Platform to:

• Generate illegal, defamatory, discriminatory content, or content that promotes violence or incites hatred;
• Create content that infringes third-party intellectual property rights;
• Produce misleading or deceptive material, or deliberate misinformation;
• Reverse-engineer, decompile, disassemble or attempt to access the Platform’s source code;
• Abuse the API, including excessive automation, scraping or overload attempts;
• Share access credentials or transfer your account to third parties;
• Attempt to circumvent the credit system or Platform limits;
• Use the Platform for spam, phishing or any fraudulent activity;
• Generate sexual, pornographic or child-exploitative content.

Violation of any item above will result in immediate and permanent suspension of access, with no right to refund, and may be reported to the relevant authorities including the Australian Federal Police (AFP) or eSafety Commissioner where appropriate.

7. Disclaimer

To the extent permitted by law (and subject to the Australian Consumer Law guarantees set out above), MKTAI does not accept liability for:

• Financial, commercial or performance results of marketing campaigns created based on Platform-generated content;
• Inaccuracies, factual errors or “hallucinations” in AI-generated content;
• Business decisions made based on the Platform’s suggestions or analyses;
• Indirect, incidental, consequential or punitive losses arising from use of the Platform;
• Temporary service interruptions due to maintenance, updates or technical failures.

Content generated by the Platform does not constitute professional advice (legal, medical, financial, accounting or of any other nature). We recommend consulting qualified professionals before making decisions based on AI-generated content.

Nothing in these Terms excludes, restricts or modifies consumer guarantees under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)).

8. Limitation of Liability

Subject to the consumer guarantees under the Australian Consumer Law which cannot be excluded, MKTAI’s total aggregate liability to you for any claim arising from these Terms or use of the Platform shall be limited to the total amount actually paid by you to MKTAI in the 12 (twelve) months immediately preceding the event giving rise to the claim. If no payments have been made during that period, MKTAI’s maximum liability shall be zero.

This limitation does not apply to liability that cannot be excluded or limited by law, including liability for fraud, personal injury or death caused by negligence.

9. Credit System

The Platform operates on a daily credit system. Each AI model consumes a specific number of credits per message. Credits are renewed daily and are non-cumulative. MKTAI reserves the right to alter credit quantities and per-model costs at any time, with reasonable prior notice.

10. Termination

MKTAI may, at its reasonable discretion, suspend or terminate user access to the Platform with notice in the following cases: (a) material violation of these Terms; (b) suspicious or fraudulent activity; (c) request from competent authorities; (d) prolonged inactivity.

Users may request account termination at any time by contacting support at [email protected].

11. Model Training

User interactions with the Platform may be used to improve and train MKTAI’s internal AI models in an aggregated and anonymised manner, in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs). MKTAI will not use identifiable user data for training generic models without additional express consent.

12. Governing Law & Dispute Resolution

These Terms are governed by and construed in accordance with the laws of New South Wales, Australia. Each party irrevocably submits to the non-exclusive jurisdiction of the courts of New South Wales and courts of appeal from them for the purposes of any proceedings arising out of or in connection with these Terms.

Nothing in these Terms limits any rights you may have under the Australian Consumer Law or any other applicable consumer protection legislation.

13. Contact

For questions about these Terms of Use, please contact:

📧 General enquiries & support: [email protected]

📧 Legal & privacy: [email protected]