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Terms & conditions

Last updated: April 20, 2026

Please read these Terms of Service (“Terms”) carefully before using the Marklo platform and related services (collectively, the “Services”) operated by Marklo AI, Inc. (“Marklo,” “we,” “us,” or “our”).

By accessing or using our Services, creating an account, or clicking “I Agree” (or similar), you agree to be bound by these Terms. If you do not agree, do not use the Services. These Terms apply to all visitors, users, and customers.

If you are using the Services on behalf of a company or other legal entity, you represent that you have authority to bind that entity to these Terms, and “you” refers to that entity.

1. Our Services

Marklo is an AI-powered marketing platform designed for Shopify-based DTC brands. The platform helps marketing teams and their partners plan campaigns, forecast revenue, analyze cross-channel performance, and generate AI-powered marketing insights and briefs.

The Services are intended for business use only. They are not designed for personal, family, or household purposes, and are not directed at individuals under the age of 18.

We reserve the right to modify, suspend, or discontinue any part of the Services at any time with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuance of the Services.

2. Accounts and Registration

To access certain features of the Services, you must register for an account. When registering, you agree to provide accurate, current, and complete information and to keep it up to date.

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to notify us immediately at hello@marklo.ai if you suspect any unauthorized use of your account.

We reserve the right to suspend or terminate accounts that violate these Terms, contain inaccurate information, or have been inactive for an extended period.

3. Acceptable Use

You agree to use the Services only for lawful purposes and in accordance with these Terms. You agree not to:

• Use the Services in any way that violates applicable local, state, national, or international laws or regulations

• Copy, reproduce, distribute, or create derivative works from any part of the Services without our prior written permission

• Attempt to gain unauthorized access to any part of the Services, other accounts, or systems connected to the Services

• Use automated tools, scripts, bots, or scrapers to access or interact with the Services without our express written consent

• Upload or transmit viruses, malware, or any other harmful code

• Interfere with or disrupt the integrity or performance of the Services or servers or networks connected to the Services

• Reverse engineer, decompile, or disassemble any software component of the Services

• Use the Services to send unsolicited communications or spam

• Impersonate any person or entity or misrepresent your affiliation with any person or entity

• Use the Services for competitive intelligence or to build a competing product

4. Third-Party Integrations

The Services connect with third-party platforms — including Shopify, Klaviyo, Meta (Facebook and Instagram), Google Ads, and Google Analytics — to provide campaign planning, performance reporting, and AI-generated insights.

By connecting a third-party platform to Marklo, you authorize us to access and use data from that platform solely to provide and improve the Services. You are responsible for ensuring you have the right to connect and share such data with Marklo, and that doing so complies with the terms of those third-party platforms.

Marklo is not responsible for the availability, accuracy, or terms of any third-party platform. Changes to third-party APIs or terms may affect the functionality of certain features of the Services.

5. AI-Generated Content and Outputs

The Services use artificial intelligence to generate campaign recommendations, performance insights, revenue forecasts, marketing briefs, and other outputs (“AI Outputs”). You acknowledge and agree that:

• AI Outputs are generated based on data you provide and are intended as informational tools to assist your marketing decisions, not as guarantees of results

• AI Outputs may contain errors, inaccuracies, or content that requires human review before use

• You are solely responsible for reviewing AI Outputs before acting on them or using them in marketing materials

• Marklo does not warrant that AI Outputs are accurate, complete, fit for any particular purpose, or free from intellectual property concerns

• Marklo is not liable for any decisions made or actions taken in reliance on AI Outputs

6. Intellectual Property

6.1 Marklo’s IP

All intellectual property rights in the Services — including the platform, software, algorithms, design, trademarks, and content created by Marklo — are owned by or licensed to Marklo. Nothing in these Terms transfers any such rights to you. You are granted a limited, non-exclusive, non-transferable, revocable license to use the Services for your internal business purposes during the term of your subscription.

6.2 Your Data and Content

You retain all rights, title, and interest in and to the data and content you upload or connect to the Services (“Customer Data”). By using the Services, you grant Marklo a limited license to access, process, and use your Customer Data solely to provide and improve the Services, as described in our Privacy Policy.

6.3 Feedback

If you provide feedback, suggestions, or ideas about the Services (“Feedback”), you grant Marklo a royalty-free, perpetual, irrevocable, worldwide license to use that Feedback for any purpose without obligation to you. Marklo has no obligation to act on any Feedback.

7. Subscriptions, Fees, and Payment

Access to paid features of the Services requires a subscription. Subscription fees, billing cycles, and plan details are set out at https://www.marklo.ai/pricing and may be updated from time to time.

By subscribing, you authorize Marklo to charge your payment method on a recurring basis for the applicable fees. All fees are due in US dollars and are non-refundable except as expressly set out in these Terms or required by applicable law.

We may change our fees at any time. We will provide at least 14 days’ notice before any fee changes take effect for existing subscribers. Your continued use of the Services after a fee change constitutes acceptance of the new fees.

You are responsible for all applicable taxes. If we are required to collect taxes, they will be added to your invoice.

8. Cancellation and Termination

You may cancel your subscription at any time from your account settings or by contacting us at hello@marklo.ai. Cancellation takes effect at the end of your current billing period. You will retain access to the Services until the end of that period and will not receive a refund for any unused portion.

Marklo may suspend or terminate your access to the Services at any time, with or without cause, with or without notice. If we terminate your account without cause, we will provide a prorated refund for any prepaid fees covering the period after termination. If we terminate your account for cause (including breach of these Terms), no refund will be provided.

Upon termination: your right to access the Services will end; Marklo may delete your Customer Data within 30 days, except where retention is required by law or a separate written agreement; and Sections 6, 9, 10, 11, 12, and 13 of these Terms will survive.

9. Confidentiality

Each party may have access to non-public information of the other party (“Confidential Information”). Each party agrees to: keep the other party’s Confidential Information confidential using at least the same degree of care it uses for its own confidential information (and no less than reasonable care); not disclose Confidential Information to third parties without prior written consent; and use Confidential Information only for the purposes of performing obligations or exercising rights under these Terms.

Confidential Information does not include information that: is or becomes publicly known through no breach of these Terms; was already known to the receiving party before disclosure; is independently developed without use of Confidential Information; or is required to be disclosed by law (in which case the disclosing party will provide prompt written notice where legally permissible).

10. Privacy and Data

Our collection, use, and disclosure of personal data is governed by our Privacy Policy, available at https://www.marklo.ai/privacy-policy, which is incorporated into these Terms by reference. By using the Services, you consent to the data practices described in our Privacy Policy.

To the extent Marklo processes personal data on your behalf as a data processor, our Data Processing Addendum (available upon request) applies and is incorporated into these Terms.

11. Disclaimer of Warranties

The services are provided “as is” and “as available” without warranty of any kind. To the maximum extent permitted by applicable law, Marklo expressly disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising out of course of dealing or usage of trade.

Marklo does not warrant that: (a) the services will meet your requirements; (b) the services will be uninterrupted, timely, secure, or error-free; (c) any AI outputs or results obtained through the services will be accurate, reliable, or complete; or (d) errors in the services will be corrected.

12. Limitation of Liability

To the maximum extent permitted by applicable law, in no event will Marklo or its officers, directors, employees, agents, or licensors be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for loss of profits, revenue, goodwill, data, or other intangible losses, arising out of or in connection with your use of or inability to use the Services.

Marklo’s total aggregate liability to you for all claims arising out of or relating to these Terms or the Services will not exceed the greater of: (a) the total fees paid by you to Marklo in the twelve months preceding the claim, or (b) one hundred US dollars ($100).

Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for certain types of damages. In such jurisdictions, Marklo’s liability is limited to the maximum extent permitted by law.

13. Indemnification

You agree to defend, indemnify, and hold harmless Marklo and its officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) your use of or inability to use the Services; (b) your violation of these Terms; (c) your violation of any applicable law or third-party right; or (d) any Customer Data you provide to the Services.

14. Dispute Resolution

14.1 Informal Resolution

Before initiating any formal dispute, you agree to contact us at hello@marklo.ai and attempt to resolve the matter informally for at least 30 days.

14.2 Binding Arbitration

If informal resolution fails, any dispute, claim, or controversy arising out of or relating to these Terms or the Services will be resolved by binding arbitration administered by JAMS under its then-current rules, except as provided below. The arbitration will be conducted in Delaware, unless the parties agree otherwise. The arbitrator’s decision will be final and binding and may be entered as a judgment in any court of competent jurisdiction.

14.3 Class Action Waiver

You and Marklo each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. If for any reason a claim proceeds in court rather than in arbitration, you and Marklo each waive any right to a jury trial.

14.4 Exceptions

Either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement of intellectual property rights or unauthorized use of Confidential Information.

15. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles. Subject to the arbitration provisions above, each party consents to the exclusive jurisdiction of the state and federal courts located in Delaware for any dispute not subject to arbitration.

16. General Provisions

16.1 Entire Agreement

These Terms, together with our Privacy Policy and any additional agreements you enter into with Marklo (such as a Data Processing Addendum or order form), constitute the entire agreement between you and Marklo with respect to the Services and supersede all prior agreements and understandings.

16.2 Amendments

We may update these Terms from time to time. When we make material changes, we will notify you by email or by posting a notice within the Services. Your continued use of the Services after the effective date of updated Terms constitutes acceptance of those changes. If you do not agree to the updated Terms, you must stop using the Services.

16.3 Assignment

You may not assign or transfer these Terms or any rights hereunder without our prior written consent. Marklo may assign these Terms without restriction, including in connection with a merger, acquisition, or sale of substantially all of its assets. Any purported assignment in violation of this section is void.

16.4 Severability

If any provision of these Terms is held to be invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

16.5 No Waiver

Our failure to enforce any right or provision of these Terms will not constitute a waiver of that right or provision. Any waiver must be in writing and signed by an authorized representative of Marklo.

16.6 Force Majeure

Marklo will not be liable for any failure or delay in performance due to causes beyond our reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, internet outages, or government actions.

16.7 No Partnership

Nothing in these Terms creates any partnership, joint venture, employment, franchise, or agency relationship between you and Marklo.

17. Additional Terms for California Residents

17.1 California Consumer Rights Notice (Civil Code § 1789.3)

Under California Civil Code § 1789.3, California residents are entitled to the following specific consumer rights notice.

The Services are provided by Marklo AI, Inc. If you have a question or complaint regarding the Services, please contact us at:

Marklo AI, Inc.

1710 South Amphlett Blvd Suite 124

(888) 621-2786

hello@marklo.ai

California residents may also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

17.2 Automatic Renewal Disclosure (California Automatic Renewal Law)

If you subscribe to a paid plan, your subscription will automatically renew at the end of each billing period at the then-current subscription rate unless you cancel before the renewal date. By subscribing, you authorize Marklo to charge your payment method on a recurring basis without further authorization from you, until you cancel.

Before completing your purchase, Marklo will clearly disclose:

• The subscription plan and recurring charge amount

• The length of the renewal period (monthly or annual, as applicable)

• How to cancel your subscription

You may cancel your subscription at any time through your account settings or by contacting us at hello@marklo.ai. Cancellation takes effect at the end of the current billing period. You will not be charged for the following period after cancellation takes effect.

If the subscription price increases, Marklo will provide you with advance written notice and an opportunity to cancel before the new price takes effect, as required by California law.