Terms of Service

1. Agreement to Terms

By accessing or using MarkIt ("Service," "we," "us," or "our"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these Terms, you do not have permission to access the Service.

These Terms apply to all visitors, users, and others who access or use the Service.

2. Description of Service

MarkIt is a universal content capture platform that allows you to save, organize, and search:

• Public URLs and web content
• Private social media content via screenshots
• Images and photographs
• Documents (PDF, DOCX, TXT, Markdown)
• Handwritten notes (via OCR)
• Text notes

The Service uses artificial intelligence to automatically categorize, tag, and make your content searchable.

3. User Accounts

3.1 Account Creation

To use MarkIt, you must create an account by providing:

• A valid email address
• A secure password

3.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your password
• All activities that occur under your account
• Notifying us immediately of any unauthorized use of your account

3.3 Account Eligibility

You must be at least 13 years old to use MarkIt. By creating an account, you represent that you meet this age requirement.

4. User Content and Conduct

4.1 Your Content

You retain all rights to the content you save, upload, or create in MarkIt ("User Content"). By using the Service, you grant us a limited license to:

• Store and process your User Content
• Use AI services (OpenAI) to analyze and categorize your content
• Display your content back to you within the Service
• Create backups and ensure data redundancy

This license ends when you delete your content or close your account.

4.2 Prohibited Content

You agree NOT to save, upload, or share content that:

• Is illegal, harmful, threatening, abusive, harassing, or defamatory
• Infringes on intellectual property rights of others
• Contains malware, viruses, or malicious code
• Violates privacy rights of others
• Contains child sexual abuse material (CSAM)
• Promotes violence, terrorism, or hate speech
• Is spam or unsolicited promotional content

4.3 Content Monitoring

While we do not actively monitor all User Content, we reserve the right to review, remove, or refuse to store any content that violates these Terms or applicable laws.

5. Third-Party Integrations

5.1 Google Calendar Integration

If you choose to connect your Google account, you authorize MarkIt to:

• Create calendar events for reminders you set
• Access your Google Calendar API on your behalf

You can revoke this access at any time through your account settings or Google account permissions. Our use of information received from Google APIs adheres to the Google API Services User Data Policy, including the Limited Use requirements.

5.2 OpenAI Processing

Your content may be processed by OpenAI's API for OCR, categorization, tagging, and semantic search. OpenAI's data usage policies apply to this processing.

5.3 Email Notifications

We use Resend to send reminder notifications. You can opt out of email reminders at any time through your account settings.

6. Intellectual Property

6.1 MarkIt's Intellectual Property

The Service and its original content (excluding User Content), features, and functionality are owned by MarkIt and are protected by international copyright, trademark, and other intellectual property laws.

6.2 Copyright Compliance

We respect the intellectual property rights of others. If you believe content in MarkIt infringes your copyright, please contact us with:

• Identification of the copyrighted work
• Location of the infringing material
• Your contact information
• A statement of good faith belief that the use is not authorized
• A statement that the information is accurate and you are authorized to act on behalf of the copyright owner

7. Payment and Subscriptions

MarkIt may offer paid subscription plans in the future. If you subscribe:

• You agree to pay all fees associated with your subscription
• Fees are non-refundable except as required by law
• Subscriptions auto-renew unless cancelled before the renewal date
• We reserve the right to change pricing with 30 days' notice

Currently, MarkIt is offered free of charge during our beta period.

8. Service Availability and Modifications

8.1 Service Availability

We strive to maintain high availability but do not guarantee the Service will be uninterrupted, timely, secure, or error-free. We reserve the right to modify or discontinue the Service at any time with reasonable notice.

8.2 Modifications to Terms

We may modify these Terms at any time. We will notify you of material changes by:

• Email notification
• Prominent notice within the Service
• Updating the "Last Updated" date

Your continued use of the Service after changes become effective constitutes acceptance of the modified Terms.

9. Termination

9.1 Termination by You

You may close your account at any time through your account settings. Upon closure, your User Content will be deleted within 30 days.

9.2 Termination by MarkIt

We may suspend or terminate your account if:

• You violate these Terms
• Your account remains inactive for more than 2 years
• We are required to do so by law
• Your use of the Service creates risk for us or other users

We will provide reasonable notice before termination unless immediate termination is required for legal or security reasons.

10. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Implied warranties of merchantability
• Fitness for a particular purpose
• Non-infringement
• Accuracy, reliability, or completeness of content

We do not warrant that the Service will meet your requirements or be error-free, secure, or virus-free.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MARKIT SHALL NOT BE LIABLE FOR:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or use
• Cost of substitute services
• Damages arising from your use or inability to use the Service

Our total liability for any claims related to the Service shall not exceed the amount you paid us in the past 12 months (or $100 if you have not paid us anything).

12. Indemnification

You agree to indemnify and hold harmless MarkIt, its affiliates, and their respective officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

• Your use of the Service
• Your User Content
• Your violation of these Terms
• Your violation of any rights of another person or entity

13. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of [Your Jurisdiction], without regard to its conflict of law provisions.

Any disputes arising from these Terms or the Service shall be resolved through:

• Good faith negotiation between the parties
• If negotiation fails, binding arbitration in accordance with the rules of [Arbitration Organization]

14. General Provisions

14.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and MarkIt regarding the Service.

14.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

14.3 Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term.

14.4 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign our rights and obligations without restriction.

15. Contact Information

For questions about these Terms, please contact us:

• Email: legal@markit.app
• Support: support@markit.app