Terms of Service

Effective date: August 11, 2026

1. Agreement to Terms

These Terms of Service (“Terms”) are entered into between you and Operator Mark, Inc., a Delaware corporation with a registered address at 1111B S Governors Ave, Suite 41927, Dover, DE 19904, United States (“OperatorMark”, “we”, “us”, or “our”), the operator of OperatorMark, also known as “Mark” (“the Service”). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, you may not access or use the Service. These Terms constitute a legally binding agreement between you and OperatorMark.

2. Eligibility and Business Use

You must be at least 18 years of age.
The Service is intended solely for business and professional use. By creating an account, you represent that you are acting in the course of a business, trade, or profession, and not as a consumer for personal, family, or household purposes.
You must register with a valid, permanent email address; disposable or temporary email services may not be used.
You must verify your email address before accessing most features of the Service.
Creating multiple accounts to circumvent free trial limits, usage quotas, subscription requirements, or any other restriction is prohibited.
You represent and warrant that you have the legal authority to enter into these Terms and to bind yourself, or the organization you represent, to them.

3. Account Responsibilities

Keep your login credentials secure and do not disclose them to any third party.
You are responsible for all activity that occurs under your account, whether or not authorized by you.
Notify us immediately at support@operatormark.com if you become aware of any unauthorized access to or use of your account.
Provide accurate, current, and complete information during registration and keep it up to date.
Do not share your account access with others or allow any third party to use your account.

4. Service Description

OperatorMark is an AI-powered marketing assistant designed to help users manage advertising campaigns across digital platforms, including:

AI chat assistant for campaign strategy, management, and optimization.
Facebook/Meta ad account integration, with additional platform integrations planned.
Campaign creation, editing, and optimization tools.
Performance analytics and actionable insights.
AI-powered creative and text generation, including ad copy and imagery.
Automated weekly performance reports.
Insights AI chat for in-depth data analysis and campaign performance review.

5. Free Trial

You will receive a 7-day free trial of the Service, beginning when you connect your Facebook ad account (required to use the Service), not when you create your account.
The trial includes a limited allowance of 100,000 tokens; the trial ends when either the 7 days or the token allowance runs out, whichever comes first.
No credit card is required to start or use the free trial.
The free trial does not automatically convert to a paid subscription; when it expires, access to certain features is limited until you select a subscription plan and enter valid payment information.
An advertising account that has already been used in a free trial on OperatorMark (by any account) is not eligible for another free trial. If you connect such an ad account, no trial is granted and a paid plan is required to use the Service.

6. Subscriptions, Billing, and Tokens

Usage of AI-powered features, including chat, insights AI chat, and creative and text generation, is measured in Mark Tokens, our internal usage unit. Each subscription tier provides a defined token allowance per usage period.
Plan token allowances refill at the start of each monthly usage period and do not carry over; unused plan tokens expire at the end of the period. On yearly plans, billing is annual but tokens still refill monthly.
You may purchase extra tokens at a fixed price. Extra tokens are valid for 12 months from purchase and are consumed only after your plan tokens. They are kept if you change plans or cancel, but using them requires an active paid subscription. Extra-token purchases are not refundable.
Certain AI operations, such as chat title generation and automated weekly report generation, are included at no additional token cost.
Billing periods are monthly or annual, depending on the plan you select.
If you upgrade your plan mid-cycle, the upgrade takes effect immediately and starts a new billing cycle: you are charged the new plan's price minus a credit for both the unused time and the unused tokens remaining on your current plan, and your token balance resets to the new plan's full allowance. The exact charge is shown before you confirm.
If you downgrade your plan, the downgrade takes effect at your next renewal; no refund is issued for the difference, and you keep your current allowance until then.
Current prices are listed on our pricing page and are subject to change, with at least 30 days' notice before any change takes effect.
Any applicable taxes, duties, or government-imposed fees are your sole responsibility, except where applicable law requires us to collect them directly.
All payment processing is handled securely by our third-party payment processor. OperatorMark does not directly store your payment card details.

7. Cancellation and Refunds

For details on cancellation procedures and our refund policy, please refer to our Refund & Cancellation Policy.

8. Ad Account Restrictions

Each OperatorMark account is limited to one connected advertising account per platform at a time.
Your ad account selection may be locked after your initial choice, with a limited number of reselections available, subject to administrator-adjustable limits.
We may monitor ad account usage across accounts on our platform to detect and prevent abuse, including trial abuse and multi-account fraud.

9. AI-Generated Content

The Service utilizes artificial intelligence to generate content and provide recommendations. By using these features, you acknowledge and agree to the following:

AI features are powered by third-party AI providers. We may change providers at any time without prior notice.
AI-generated content includes, but is not limited to: ad copy, images, campaign recommendations, performance analysis, weekly reports, and chat responses.
Where you interact with an AI-powered chat feature (including the main chat assistant and the insights AI chat), the Service clearly and persistently discloses that you are interacting with an AI system.
AI-generated images and creative output are marked with machine-readable provenance information identifying them as AI-generated, in accordance with applicable transparency requirements. If AI-generated creative realistically depicts a real, identifiable person, you are responsible for disclosing that the content is AI-generated before publishing it, as required by applicable law.
All AI-generated content is provided for informational and assistive purposes only, and we do not guarantee its accuracy, completeness, suitability, or effectiveness.
AI models may produce outputs that appear accurate but are fabricated, misleading, or hallucinated. You must independently verify all AI-generated information before relying on it.
AI-generated images, text, and other creative outputs may inadvertently resemble or incorporate elements of copyrighted, trademarked, or otherwise protected material. You are solely responsible for verifying that any content you use does not infringe upon third-party rights.
You are solely responsible for reviewing, verifying, and approving all content, whether AI-generated or otherwise uploaded to, created through, or transmitted via the Service, including any asset, campaign, or ad, before publishing or acting upon it, and for verifying its integrity and accuracy prior to use.
OperatorMark shall not be liable for any losses, damages, or adverse outcomes resulting from your reliance on AI-generated or other content processed through the Service.
The Service does not constitute professional marketing, advertising, financial, or legal advice.

10. AI Provider Policies

You will not use AI features in any manner that violates the usage policies of our third-party AI providers. A current list of our AI providers is available on request by contacting support@operatormark.com.
We reserve the right to change AI providers at any time without prior notice, which may affect the behavior, capabilities, or output quality of AI features.

11. Advertising Spend and Financial Responsibility

You are solely responsible for setting, reviewing, and approving all campaign budgets, bid strategies, targeting parameters, and scheduling before activation on any advertising platform.
OperatorMark is not liable for any advertising costs, overspend, underspend, wasted spend, or financial losses arising from campaigns created, modified, or managed through the Service.
AI-generated budget, bid, and targeting recommendations are suggestions only; you must evaluate and approve all financial decisions before they take effect.
You are responsible for monitoring your connected advertising accounts for unexpected charges or billing discrepancies on the advertising platform itself.
OperatorMark is not a party to any financial transaction between you and any advertising platform.

12. Ad Account Restrictions by Advertising Platforms

If your connected advertising account (such as your Meta/Facebook ad account) is restricted, disabled, or banned by the advertising platform for any reason, you may contact support@operatormark.com to request that your OperatorMark billing and account be frozen for the duration of the restriction. During a freeze, you will not have access to Service features other than the Settings menu. OperatorMark has no obligation to detect or monitor for such restrictions on your behalf, and a freeze is only available upon your request.

13. No Advisory Relationship

Your use of the Service does not create a fiduciary, advisory, or professional relationship between you and OperatorMark, including through interactions with our AI assistant. All recommendations and analyses are automated outputs of AI models and do not constitute professional advice. You should consult qualified professionals before making significant business decisions.

14. Automated Operations

Automated operations include performance data retrieval (daily, weekly, monthly), weekly AI report generation, token usage tracking, and OAuth token refresh.
OperatorMark is not liable for any consequences arising from automated operations, including delays, errors, omissions, or failures.
Automated reports and data fetches depend on the availability and accuracy of data provided by third-party platforms; we do not guarantee their timeliness or completeness.

15. Advertising Compliance

You are solely responsible for ensuring that all advertising content and campaigns comply with all applicable laws, regulations, industry standards, and advertising platform policies in every jurisdiction where your advertisements are displayed. OperatorMark does not review your campaigns for legal or regulatory compliance and assumes no liability for non-compliant advertising.

16. User Content

You retain full ownership of all content you upload to the Service.
You grant OperatorMark a non-exclusive, worldwide, royalty-free license to process, store, transform, and transmit your content solely to provide the Service, including sending content to advertising platforms, AI providers, and cloud storage.
You represent and warrant that you have all necessary rights to any content you upload, and that it does not infringe any third-party rights.
This license terminates when you delete the content or your account, subject to reasonable backup and deletion timelines.

17. Prohibited Conduct

Uploading content you do not have rights to use.
Creating deceptive, misleading, or fraudulent advertisements.
Violating any applicable law, regulation, or third-party right.
Reverse-engineering, decompiling, or extracting source code from the Service.
Scraping or extracting data from the Service by automated means.
Circumventing rate limits, usage quotas, token limits, or security measures.
Sharing account credentials.
Using the Service, its data, or its outputs to build or benchmark a competing product.
Uploading malware or other harmful content.
Interfering with or disrupting the Service or its infrastructure.
Impersonating any person or entity.

18. Copyright Complaints (DMCA)

We respect the intellectual property rights of others. If you believe content on the Service infringes your copyright, you may submit a notice to our designated agent for copyright complaints at support@operatormark.com, including: (a) a description of the copyrighted work you claim is infringed; (b) identification of the allegedly infringing material and its location on the Service; (c) your contact information; (d) a statement that you have a good-faith belief the use is not authorized by the copyright owner; (e) a statement, made under penalty of perjury, that the information in your notice is accurate and that you are authorized to act on behalf of the copyright owner; and (f) your physical or electronic signature.

19. Export Control and Sanctions

You represent that you are not located in, or a resident of, any country subject to a U.S. government embargo or that has been designated by the U.S. government as a “terrorist supporting” country, and that you are not listed on any U.S. government list of prohibited or restricted parties. You agree not to use the Service in violation of any applicable export control or economic sanctions law.

20. Third-Party Platforms

Your use of connected platforms (such as Meta/Facebook) is governed by their respective terms. OperatorMark is not responsible for changes to third-party APIs, terms, or availability, and features may become unavailable without liability on our part.

21. Beta Features

Beta or early-access features are provided “as-is”, may be modified or discontinued at any time, and the Warranty Disclaimer and Limitation of Liability sections apply with full force.

22. Account Suspension and Termination

We reserve the right to warn, restrict, suspend, or terminate accounts for violations of these Terms, fraudulent activity, or extended inactivity (accounts inactive for more than 12 consecutive months, with at least 30 days' prior email notice), with prior notice where required by law. You may delete your account at any time through Settings; account deletion is described in the Privacy Policy, and if you have an active subscription it is cancelled immediately without a refund, as described in the Refund & Cancellation Policy.

Sections that by their nature should survive termination shall survive, including Limitation of Liability, Warranty Disclaimer, Indemnification, Governing Law, and Severability.

23. Service Availability

We strive to maintain high availability but do not guarantee the Service will be uninterrupted, timely, secure, or error-free. We do not provide a formal Service Level Agreement at this time.

24. Force Majeure

OperatorMark shall not be liable for failure or delay in performance resulting from circumstances beyond its reasonable control, including natural disasters, government action, war, internet or telecommunications failures, third-party service outages, cyberattacks, or changes to third-party APIs or policies.

25. Data Loss

We do not guarantee against data loss. You are responsible for maintaining independent backups of critical content. OperatorMark shall not be liable for any loss of data from any cause.

26. Intellectual Property

The OperatorMark name, logo, software, and related intellectual property are owned exclusively by OperatorMark. You may not copy, modify, or create derivative works from the Service without prior written permission.

27. Limitation of Liability

OperatorMark's total aggregate liability shall not exceed the amount you paid in the twelve months preceding the claim. In no event shall OperatorMark be liable for indirect, incidental, special, consequential, or punitive damages. Some jurisdictions do not allow such limitations, in which case liability is limited to the greatest extent permitted by law.

28. Warranty Disclaimer

The Service is provided “AS IS” and “AS AVAILABLE” without warranties of any kind, to the fullest extent permitted by law.

29. Indemnification

You agree to indemnify, defend, and hold harmless OperatorMark from claims arising from your use of the Service, your content, or your violation of these Terms or applicable law.

30. Governing Law and Disputes

Before filing any formal legal proceeding, you agree to first contact support@operatormark.com and attempt informal resolution for at least 30 days.
These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict-of-law provisions. Disputes shall be resolved exclusively in the state or federal courts of Delaware.
This governing-law choice does not limit any mandatory statutory protection you are entitled to under the data protection law of your place of residence (for example, GDPR rights for EEA residents, to the extent applicable, or Israeli Privacy Protection Law rights for Israeli residents), which apply regardless of this clause.
You waive any right to participate in a class action lawsuit or class-wide arbitration against OperatorMark.

31. Severability

If any provision of these Terms is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect, and the invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

32. Notices

We may provide notices to you via the email address associated with your account or through an in-Service notice; such notices are deemed received when sent. You may send legal notices to us at support@operatormark.com, with a copy to our registered address at Operator Mark, Inc., 1111B S Governors Ave, Suite 41927, Dover, DE 19904, United States.

33. Communications

We send service emails necessary to provide the Service, which you cannot opt out of while you hold an account. We send promotional emails only with your prior opt-in consent, which is separate from your acceptance of these Terms, is never a condition of using the Service, and may be withdrawn at any time. See our Privacy Policy for details.

34. Assignment

You may not assign your rights under these Terms without our written consent. OperatorMark may assign its rights without restriction, including in connection with a merger or acquisition.

35. No Waiver

Our failure to enforce any provision does not waive our right to enforce it later.

36. Entire Agreement

These Terms, together with the Privacy Policy and Refund & Cancellation Policy, constitute the entire agreement between you and OperatorMark.

37. Changes to These Terms

We may modify these Terms at any time. Material changes will be communicated at least 30 days before taking effect. Continued use after the effective date constitutes acceptance.

38. Contact Us

Questions about these Terms: support@operatormark.com.