Terms of Service

Effective date: March 11, 2026

1. Agreement to Terms

By accessing or using OperatorMark, also known as “Mark” (“the Service”), you agree to be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, you may not access or use the Service. These Terms constitute a legally binding agreement between you and OperatorMark.

2. Eligibility

To use the Service, you must meet the following eligibility requirements:

You must be at least 18 years of age.
You must register with a valid, permanent email address. Disposable or temporary email services are blocked and 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 restrictions 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

You are responsible for maintaining the security and confidentiality of your account. Specifically:

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 your account information 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. The Service includes, but is not limited to, the following features:

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

5. Free Trial

Upon creating an account, you will receive a 7-day free trial of the Service. The following terms apply to the free trial:

The trial period may be extended to 10 days upon successful completion of onboarding, at our sole discretion.
No credit card is required to start or use the free trial.
The free trial does not automatically convert to a paid subscription. When your trial expires, access to certain features will be limited until you actively select a subscription plan and enter valid payment information.
We reserve the right to deny free trial access to accounts associated with ad accounts that have been used in previous free trials by other accounts on our platform, in order to prevent abuse of the trial system.

6. Subscriptions and Billing

Access to the full capabilities of the Service requires a paid subscription. The following terms govern subscriptions and billing:

Usage of AI-powered features is measured in Mark Tokens, our internal currency unit. Each subscription tier provides a defined token allowance per billing period.
When your token allowance is exhausted, AI-powered features will be limited until the next billing period begins or you upgrade to a higher tier.
Certain AI operations, such as chat title generation and automated weekly report generation, are included at no additional token cost.
Billing periods are either monthly or annual, depending on the plan you select.
Current prices are listed on our pricing page and are subject to change. We will provide at least 30 days' notice before any price changes take effect.
Any applicable taxes, duties, or government-imposed fees are your sole responsibility.
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

The following restrictions apply to advertising account connections within the Service:

Each OperatorMark account is limited to one connected advertising account per platform at a time (e.g., one Meta/Facebook ad account, one Google Ads account, one TikTok Ads account).
Your ad account selection may be locked after your initial choice. A limited number of reselections may be available, subject to administrator-adjustable limits.
These restrictions currently apply to Meta/Facebook ad accounts and will extend to future platform integrations, including Google Ads and TikTok Ads.
We track ad account usage across all 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.
All AI-generated content is provided for informational and assistive purposes only.
We do not guarantee the accuracy, completeness, suitability, or effectiveness of any AI-generated output.
AI models may produce outputs that appear factually accurate but are fabricated, misleading, or hallucinated. This includes but is not limited to: invented statistics, fabricated performance data, incorrect platform policies, and misleading strategic recommendations. 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. OperatorMark does not warrant that AI-generated content is free of third-party intellectual property claims. You are solely responsible for verifying that any AI-generated content you use does not infringe upon the rights of any third party.
You are solely responsible for reviewing, verifying, and approving all AI-generated content before publishing or acting upon it.
OperatorMark shall not be liable for any losses, damages, or adverse outcomes resulting from your reliance on AI-generated content.
The Service does not constitute professional marketing, advertising, financial, or legal advice. You should consult qualified professionals for specific business decisions.

10. AI Provider Policies

Our AI features are subject to the usage policies established by our third-party AI providers. By using any AI-powered feature of the Service, you agree to the following:

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

11. Advertising Spend and Financial Responsibility

OperatorMark does not control, manage, or guarantee the outcomes of any advertising spend. You acknowledge and agree to the following:

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 incurred, overspend, underspend, wasted spend, or financial losses arising from campaigns created, modified, or managed through the Service, whether initiated by you, recommended by AI, or executed through automated features.
AI-generated budget recommendations, bid suggestions, and targeting recommendations are provided as suggestions only. You must evaluate and approve all financial decisions related to advertising spend before they take effect.
You are responsible for monitoring your connected advertising accounts for unexpected charges, budget overruns, or billing discrepancies on the advertising platform itself.
OperatorMark is not a party to any financial transaction between you and any advertising platform. All advertising costs are charged directly by the respective platform (e.g., Meta/Facebook) and are governed by your agreement with that platform.

12. No Advisory Relationship

Your use of the Service does not create a fiduciary, advisory, or professional relationship between you and OperatorMark. No advisor-client, consultant-client, or agency-client relationship is formed by your use of the Service, including through interactions with our AI assistant. All recommendations, suggestions, and analyses provided by the Service are automated outputs of AI models and do not constitute professional advice of any kind. You should consult qualified marketing, advertising, financial, legal, or other professionals before making significant business decisions.

13. Automated Operations

Certain features of the Service operate automatically or on scheduled intervals. You acknowledge and agree to the following:

Automated operations include, but are not limited to: performance data retrieval from connected advertising platforms (daily, weekly, and 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 in automated processes.
Automated reports and data fetches depend on the availability and accuracy of data provided by third-party platforms. We do not guarantee the timeliness or completeness of automatically retrieved data.
You are responsible for monitoring your account and connected advertising platforms for any unexpected changes, discrepancies, or anomalies.

14. Advertising Compliance

You are solely responsible for ensuring that all advertising content and campaigns created, managed, or published through the Service comply with all applicable laws, regulations, industry standards, and advertising platform policies in your jurisdiction and in any jurisdiction where your advertisements are displayed. This includes but is not limited to regulations governing advertising in regulated industries such as healthcare, financial services, alcohol, gambling, cannabis, and political advertising. OperatorMark does not review your campaigns for legal or regulatory compliance and assumes no liability for non-compliant advertising.

15. User Content

You retain full ownership of all content you upload to the Service, including images, videos, text, and business information. By uploading content, you agree to the following:

You grant OperatorMark a non-exclusive, worldwide, royalty-free license to process, store, transform, and transmit your content solely for the purpose of providing the Service. This includes sending content to advertising platforms for ad creation, to AI providers for processing, and to cloud storage for secure hosting.
You represent and warrant that you have all necessary rights, licenses, and permissions for any content you upload, and that your content does not infringe upon or violate any third-party rights.
This license terminates when you delete the content from the Service or when your account is deleted, subject to reasonable backup and deletion timelines.

16. Prohibited Conduct

You agree not to engage in any of the following prohibited activities while using the Service:

Upload content that you do not have the rights, licenses, or permissions to use.
Create deceptive, misleading, or fraudulent advertisements through the Service.
Use the Service to violate any applicable law, regulation, or third-party rights.
Attempt to reverse-engineer, decompile, disassemble, or extract source code from any part of the Service.
Scrape, crawl, or extract data from the Service by automated means, including bots, spiders, or scripts.
Circumvent rate limits, usage quotas, token limits, or any security measures implemented by the Service.
Share your account credentials or allow any third party to access your account.
Use the Service, its data, or its outputs to build, improve, or benchmark a competing product or service.
Upload malware, viruses, worms, trojans, or any other harmful or malicious content.
Interfere with, disrupt, or place an unreasonable load on the Service or its underlying infrastructure.
Impersonate any person, entity, or organization, or falsely state or misrepresent your affiliation with any person or entity.

17. Third-Party Platforms

The Service integrates with third-party advertising platforms. Your use of these connected platforms is subject to the following:

Your use of connected platforms (including Meta/Facebook, and future Google and TikTok integrations) is governed by their respective terms of service and policies.
OperatorMark is not responsible for changes to third-party APIs, terms, policies, or service availability.
If a third-party platform revokes access, changes its API, or modifies its policies, affected features of the Service may become temporarily or permanently unavailable without liability on our part.
We are not liable for any actions taken by third-party platforms regarding your advertising accounts, campaigns, or content.

18. Beta Features

From time to time, we may offer beta or early-access features within the Service. The following terms apply to any such features:

Beta features are provided on an “as-is” basis with no guarantees of functionality, reliability, availability, or continued support.
Beta features may be modified, restricted, or discontinued at any time without prior notice.
Access to beta features may be limited to specific users or account tiers at our sole discretion.
Your use of beta features is at your own risk, and the Warranty Disclaimer and Limitation of Liability sections of these Terms apply with full force to beta features.

19. Account Suspension and Termination

We reserve the right to take enforcement action under the following circumstances:

Violation of these Terms or any applicable law or regulation.
Engagement in fraudulent activity, including but not limited to trial abuse or multi-account fraud.
Account inactivity for more than 12 consecutive months, with prior notice sent to your registered email address.

Enforcement actions may include, at our sole discretion and without limitation:

Issuing a warning to your account.
Temporarily or permanently restricting access to specific features.
Removing or disabling offending content.
Suspending your account for a defined or indefinite period.
Permanently terminating your account and deleting all associated data.
Reporting illegal activity to the appropriate law enforcement authorities.
Retaining evidence of violations for legal proceedings or regulatory compliance.

We are not obligated to provide advance notice before taking enforcement action, except where required by law. We may, but are not required to, provide an explanation for the action taken.

You may delete your account at any time through the application by navigating to Account > Settings. Upon account deletion, all your data will be permanently removed in accordance with our Privacy Policy.

Sections of these Terms that by their nature should survive termination shall survive, including but not limited to: Limitation of Liability, Warranty Disclaimer, Indemnification, and Governing Law.

20. Service Availability

We strive to maintain high availability of the Service but do not guarantee that the Service will be uninterrupted, timely, secure, or error-free.
The Service may be temporarily unavailable due to scheduled maintenance, software updates, or circumstances beyond our reasonable control.
Third-party dependencies - including advertising platform APIs, AI providers, cloud infrastructure, and authentication services - may experience their own outages or disruptions that affect the availability or functionality of the Service.
We are not liable for any losses, damages, or inconvenience caused by service interruptions, whether scheduled or unscheduled.
We do not provide a formal Service Level Agreement (SLA) at this time.

21. Force Majeure

OperatorMark shall not be liable for any failure or delay in performing its obligations under these Terms if such failure or delay results from circumstances beyond its reasonable control, including but not limited to: natural disasters, pandemics, epidemics, acts of government or regulatory bodies, war, terrorism, civil unrest, riots, embargoes, sanctions, internet or telecommunications infrastructure failures, third-party service outages (including advertising platforms, AI providers, cloud infrastructure, payment processors, and hosting providers), power failures, cyberattacks, distributed denial-of-service attacks, or changes to third-party APIs or platform policies. During any such event, our obligations under these Terms are suspended for the duration of the event.

22. Data Loss

While we implement industry-standard security measures and storage practices, we do not guarantee against data loss. You are responsible for maintaining independent backups of any critical content, creative assets, campaign configurations, or business information you upload to the Service. OperatorMark shall not be liable for any loss of data, whether caused by hardware failure, software errors, security breaches, third-party service outages, account deletion, or any other cause. This includes data stored on our servers, data in transit to or from third-party platforms, and data processed by AI providers.

23. Intellectual Property

The OperatorMark name, logo, visual design, software code, and all related intellectual property are owned exclusively by OperatorMark and are protected by applicable intellectual property laws.
You may not copy, modify, distribute, sell, lease, sublicense, or create derivative works based on any part of the Service or its content without prior written permission.
You may not use our trademarks, service marks, or branding without our prior written consent.
All rights not explicitly granted to you under these Terms are reserved by OperatorMark.

24. Limitation of Liability

To the maximum extent permitted by applicable law, OperatorMark's total aggregate liability for all claims arising out of or relating to these Terms or the Service shall not exceed the total amount you paid to OperatorMark in the twelve (12) months immediately preceding the event giving rise to the claim.
In no event shall OperatorMark be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to: lost profits, lost revenue, lost data, lost advertising spend, wasted advertising budgets, business interruption, cost of procuring substitute services, or damages arising from AI-generated content, recommendations, or automated operations.
These limitations apply regardless of the theory of liability - whether based on contract, tort, negligence, strict liability, or any other legal or equitable theory - and even if OperatorMark has been advised of the possibility of such damages.
Some jurisdictions do not allow the exclusion or limitation of certain warranties or liability for certain types of damages. In such jurisdictions, OperatorMark's liability shall be limited to the greatest extent permitted by applicable law.

25. Warranty Disclaimer

The Service is provided “AS IS” and “AS AVAILABLE” without warranties of any kind, whether express, implied, or statutory. To the fullest extent permitted by applicable law, OperatorMark disclaims all warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, and accuracy.

Without limiting the foregoing, OperatorMark does not warrant that:

The Service will meet your specific requirements.
The Service will be uninterrupted, secure, or error-free.
AI-generated outputs will be accurate, complete, or suitable for any particular purpose.
Any advertising campaigns created or managed through the Service will achieve any specific results, metrics, or performance targets.
Any defects or errors in the Service will be corrected in a timely manner.
Your data, creative assets, or campaign information will be preserved without loss or corruption.

26. Indemnification

You agree to indemnify, defend, and hold harmless OperatorMark, its officers, directors, employees, contractors, and agents from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees and legal costs) arising out of or in connection with:

Your use or misuse of the Service.
Content you upload to, create through, or transmit via the Service.
Your violation of these Terms.
Your violation of any applicable law, regulation, or governmental order.
Your violation of any third-party rights, including intellectual property rights, privacy rights, and publicity rights.
Any advertising campaigns you create, publish, or manage through the Service, including claims arising from the content, targeting, or performance of such campaigns.

27. Governing Law and Disputes

Before filing any formal legal proceeding, you agree to first contact us at support@operatormark.com and attempt to resolve the dispute informally for at least 30 days. If the dispute cannot be resolved informally within that period, either party may then proceed with formal legal action as described below.

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.
Any disputes, claims, or controversies arising from or relating to these Terms or the Service shall be resolved exclusively in the state or federal courts located in the State of Delaware, and you consent to the personal jurisdiction of such courts.
You waive any right to participate in a class action lawsuit or class-wide arbitration against OperatorMark.
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.

28. Communications

By creating an account, you agree to receive transactional communications from OperatorMark that are directly related to your account or use of the Service, including email verification, trial reminders, billing notifications, and security alerts. We do not send marketing or promotional emails. If we introduce promotional communications in the future, we will obtain your explicit consent beforehand and provide a clear unsubscribe mechanism in every message, in compliance with applicable anti-spam laws including CAN-SPAM and CASL.

29. Assignment

You may not assign or transfer your rights or obligations under these Terms to any third party without our prior written consent. Any attempted assignment in violation of this provision is void. OperatorMark may assign its rights and obligations under these Terms without restriction, including in connection with a merger, acquisition, corporate restructuring, or sale of all or substantially all of its assets.

30. No Waiver

Our failure to enforce any provision of these Terms at any time shall not constitute a waiver of that provision or of the right to enforce it at a later time. A waiver of any provision shall only be effective if made in writing and signed by an authorized representative of OperatorMark.

31. Entire Agreement

These Terms, together with our Privacy Policy and Refund & Cancellation Policy, constitute the entire agreement between you and OperatorMark regarding your use of the Service. These Terms supersede all prior agreements, representations, and understandings between you and OperatorMark, whether written or oral, relating to the subject matter hereof.

32. Changes to These Terms

We reserve the right to modify, amend, or replace these Terms at any time.
Material changes will be communicated to you via email or in-app notification at least 30 days before they take effect.
Your continued use of the Service after the effective date of any changes constitutes your acceptance of the updated Terms.
If you do not agree to the updated Terms, you must discontinue your use of the Service and may delete your account.

33. Contact Us

If you have any questions, concerns, or requests regarding these Terms of Service, please contact us at:

support@operatormark.com