Terms of Service

MarketMate is provided under MARKETMATE.

In these Terms, "MarketMate", "we", "us" and "our" refer to MarketMate.

These Terms apply when you access or use MarketMate, including our website, account features, Business Profile, campaign tools, AI-assisted features, image and video generation, subscription and billing features, stored content, and customer support.

By creating a MarketMate account, purchasing a subscription, accessing paid features, or otherwise using MarketMate, you agree to be bound by these Terms and our Privacy Policy.

If you accept these Terms on behalf of a business or organisation, you represent that you are authorised to accept these Terms on its behalf. If you do not agree to these Terms, you must not use MarketMate.

MarketMate is primarily designed for business and commercial use.

You must provide accurate and reasonably complete information when creating and maintaining your MarketMate account.

You are responsible for safeguarding your login credentials and for activity carried out through your account. You must notify MarketMate Support as soon as reasonably possible if you believe your account has been accessed or used without permission.

You may use MarketMate only if you are legally capable of entering into an agreement for the service or are otherwise properly authorised to use MarketMate on behalf of a business or organisation.

You must not sell, transfer, rent, share, or otherwise provide unauthorised access to your MarketMate account.

MarketMate allows you to provide business information, product and service details, pricing and promotional information, campaign instructions, marketing preferences, customer or audience context, photographs, videos, logos, brand materials, and other content used to provide the service. Collectively, this is referred to as "User Content".

You retain your ownership rights in User Content that you provide to MarketMate. You represent that you have all rights, licences, permissions, and authority necessary to provide that User Content to MarketMate and to use it for the purposes for which you instruct MarketMate to use it.

You grant MarketMate a non-exclusive licence to host, store, reproduce, process, modify, and otherwise use your User Content only to the extent reasonably necessary to operate, secure, maintain, and provide MarketMate and the features you request.

MarketMate assists you in creating marketing materials. MarketMate is not the publisher, advertiser, merchant, or seller of your products or services.

You remain responsible for deciding whether, when, where, and how any generated campaign, caption, recommendation, image, video, or other material is used.

Before publishing content, you are responsible for reviewing matters including:

• factual claims and product descriptions;
• prices, promotions, discounts, and availability;
• advertising claims and required disclosures;
• copyright, trademarks, and other intellectual-property rights;
• industry-specific legal or regulatory requirements;
• consumer-protection requirements; and
• the rules and policies of the platform on which you publish.

The fact that MarketMate generated or suggested content does not remove your responsibility to review and approve that content before use.

MarketMate may offer different subscription plans with different features, service levels, and AI-generation allowances. The features, pricing, and allowances applicable to a plan are those presented to you on MarketMate or during checkout at the time of purchase.

Your subscription may include a specified quantity of AI credits, generations, or other metered usage during each subscription period. An AI generation or other metered action may count toward your allowance once MarketMate begins or completes processing the applicable request.

MarketMate may prevent further generation requests when your applicable allowance has been exhausted. Different AI features may use different amounts of usage where this is disclosed within the service.

MarketMate may allow users to purchase additional AI credits separately from the AI credits included with a subscription.

Separately purchased additional AI credits are distinguished from subscription-included credits. The no-refund rule applying to unused subscription-included credits does not automatically apply to separately purchased additional credits.

Separately purchased additional AI credits may be refundable to the extent they remain unused, subject to the purchase conditions displayed when the additional credits are purchased, MarketMate's applicable refund process, and any rights or obligations imposed by applicable law.

Credits that have already been consumed through generation requests are not treated as unused credits. MarketMate may introduce reasonable validity periods, usage conditions, or other rules for separately purchased credits provided those conditions are disclosed before or at the time of purchase.

MarketMate is a paid subscription service. The applicable subscription price, currency, billing period, plan, included usage allowance, and other relevant billing information will be presented before you complete your purchase.

By purchasing a recurring subscription, you authorise the applicable subscription charge to be collected using the payment method associated with your subscription for each billing period until your subscription is cancelled or otherwise ends.

Unless cancelled or otherwise terminated, your subscription renews according to its applicable billing cycle. You are responsible for maintaining accurate billing information and an eligible payment method.

MarketMate may use Airwallex and other authorised payment-service providers to facilitate checkout, payment processing, recurring billing, payment-method management, and related financial functions.

Payment providers may process your payment and billing information under their own terms, policies, and regulatory obligations. MarketMate does not ordinarily receive or store your full payment-card details where those details are processed directly by an authorised payment provider.

Taxes, duties, currency-conversion charges, bank charges, or other amounts may apply depending on your location, financial institution, payment method, or applicable law.

If a payment fails, is declined, reversed, disputed, remains unpaid, or otherwise cannot be completed, MarketMate or its payment provider may attempt to process or recover the amount as permitted by the applicable payment arrangement.

MarketMate may restrict or suspend access to paid features while a subscription is past due, unpaid, inactive, cancelled, subject to a payment dispute, or otherwise not in a status permitting continued paid access.

Updating your payment method does not waive an amount that is already due.

MarketMate may allow subscription upgrades or downgrades through the account or billing interface.

An upgrade may require an immediate prorated payment while retaining the existing billing cycle. An upgraded entitlement does not necessarily become effective merely because an upgrade was requested. MarketMate may wait until the applicable payment has been successfully confirmed.

If an upgrade payment fails or remains pending, your existing plan may remain active until the change is successfully completed.

A downgrade may take effect from the next renewal date. Where this occurs, you may retain your existing higher-plan entitlement until the end of the billing period you have already paid for.

You may cancel an eligible MarketMate subscription using the available billing controls. Unless expressly stated otherwise, normal cancellation takes effect at the end of the current paid billing period.

Cancelling a subscription prevents future renewals but does not ordinarily reverse or refund the current billing period.

You may continue to use applicable paid features until the effective cancellation date, provided your subscription remains in an eligible payment status.

Where MarketMate provides a resume-subscription function, you may remove a scheduled cancellation before it takes effect.

If you believe a MarketMate charge is incorrect, you should contact MarketMate Support so that we can investigate the issue.

Initiating a chargeback or payment dispute does not automatically cancel your MarketMate subscription. Where a payment is reversed or disputed, MarketMate may restrict paid access while the matter is investigated or resolved.

MarketMate may provide relevant subscription, transaction, account, and service records to its payment provider, financial institutions, or other parties involved in resolving a legitimate payment dispute.

Nothing in this section prevents you from exercising rights that are available to you under applicable law or through your financial institution.

Where the account-deletion feature is available, you may request deletion of your MarketMate account.

Deleting an account does not necessarily cancel, reverse, or refund a payment that has already become due or been processed.

Certain records may be retained where reasonably necessary for legal, accounting, fraud-prevention, security, dispute-resolution, or regulatory purposes.

You should export or save any content you wish to retain before requesting deletion if MarketMate provides an export function.

You must not use MarketMate to:

• violate applicable law or deliberately create false, deceptive, or fraudulent advertising;
• infringe another person's copyright, trademark, privacy, publicity, or other rights;
• impersonate another person or business without permission;
• upload material you do not have the right to use;
• distribute malware or malicious code;
• attempt to compromise MarketMate's systems or security;
• scrape, crawl, or extract MarketMate data using unauthorised automated methods;
• circumvent subscription restrictions or AI-generation limits;
• manipulate usage measurements or abuse promotional offers;
• reverse engineer non-public MarketMate software except where such restriction is prohibited by law;
• resell unauthorised access to MarketMate; or
• use MarketMate in a manner that materially interferes with the service for other users.

MarketMate may investigate suspected misuse and take reasonable action where necessary to protect the service, its users, or third parties.

You retain your rights in User Content that you submit to MarketMate.

MarketMate and its licensors retain all rights in the MarketMate platform itself, including its software, interfaces, branding, designs, systems, documentation, and other proprietary technology.

Subject to these Terms and to the extent MarketMate is legally able to grant such rights, you may use AI-generated output created for you through MarketMate for your business and marketing activities.

Because generated output may be produced using artificial-intelligence systems:

• MarketMate does not guarantee that generated output is unique;
• similar or identical material may be generated for another user;
• MarketMate does not guarantee that generated output qualifies for copyright or other intellectual-property protection;
• MarketMate does not guarantee that generated output can be registered as a trademark or other protected right; and
• MarketMate does not guarantee that generated output will not resemble existing third-party material.

You remain responsible for determining whether the final content you use is appropriate for your intended purpose.

MarketMate relies on third-party providers for parts of its functionality. These may include providers of artificial-intelligence models, image-generation technology, video-generation technology, cloud infrastructure, authentication, databases, file storage, payment processing, analytics, and other technical services.

MarketMate may transmit information reasonably necessary to those providers in order to provide the features you request, subject to our Privacy Policy and applicable law.

Third-party services may be governed by their own terms and policies. MarketMate is not responsible for changes, interruptions, limitations, or discontinuation caused by third-party services outside MarketMate's reasonable control.

MarketMate aims to provide a reliable service but does not guarantee uninterrupted or error-free availability.

The service may occasionally be unavailable because of maintenance, software updates, infrastructure issues, internet or telecommunications failures, security events, technical errors, third-party outages, AI-provider outages, payment-provider outages, or circumstances outside MarketMate's reasonable control.

MarketMate may modify, replace, improve, or discontinue particular features where reasonably necessary. We may also modify subscription features, usage limits, or pricing.

Where a change materially affects an existing paid subscription, MarketMate will handle the change subject to applicable law and any notice that may be required.

MarketMate may restrict, suspend, or terminate access to some or all of the service where reasonably necessary because of non-payment, suspected fraud, abusive use, security threats, unlawful activity, material violation of these Terms, attempts to circumvent usage restrictions, infringement of third-party rights, harmful activity affecting MarketMate or other users, requirements imposed by law or a competent authority, or circumstances in which continuing to provide the service would expose MarketMate or its users to material legal, technical, or security risk.

Where appropriate and reasonably practicable, MarketMate may provide notice or an opportunity to resolve the issue. Serious security threats, fraud, or unlawful activity may result in immediate restriction or suspension.

To the maximum extent permitted by applicable law, MarketMate is provided on an "as available" basis.

MarketMate does not warrant that:

• the service will always be available or entirely error-free;
• every generation request will complete successfully;
• AI output will be accurate or unique;
• generated material will receive approval from an advertising or social-media platform;
• a particular third-party integration will remain available;
• generated content will achieve a specific performance level; or
• MarketMate will meet every specialised legal or regulatory requirement applicable to your particular industry.

MarketMate does not provide legal, accounting, financial, tax, or regulatory advice. Marketing suggestions provided through MarketMate should not be treated as professional advice requiring a regulated professional licence.

To the extent permitted by applicable law, you agree to be responsible for losses, liabilities, claims, and reasonable costs incurred by MarketMate arising directly from User Content you provide without the necessary rights or permissions, your unlawful use of MarketMate, your material breach of these Terms, misleading or unlawful claims you choose to publish, products or services that you advertise or sell, infringement caused by materials supplied by you, or your publication or use of generated material after your review and approval where the claim results from your particular use, modifications, representations, or business activities.

This section does not require you to indemnify MarketMate for liability caused solely by MarketMate's own unlawful conduct where such liability cannot lawfully be transferred.

MarketMate's collection, use, disclosure, retention, and other processing of personal information is described in our Privacy Policy. Your use of MarketMate is also subject to that Privacy Policy.

Where you provide information relating to another person, you are responsible for ensuring that you have an appropriate lawful basis or permission to provide that information where required.

MarketMate may update these Terms where reasonably necessary to reflect changes to the service, new features, payment or subscription changes, changes in law, security requirements, third-party requirements, or changes to MarketMate's business operations.

The "Last updated" date identifies the most recent version.

Where an update materially affects existing users' rights or obligations, MarketMate may provide additional notice where appropriate or required by law.

Your continued use of MarketMate after updated Terms become effective constitutes acceptance of the updated Terms, except where applicable law requires another form of consent.

You agree that creating an account, selecting an acceptance checkbox where provided, purchasing a subscription, or continuing to use MarketMate may constitute electronic acceptance of these Terms.

You agree that MarketMate may provide service-related notices and communications electronically, including through the MarketMate website, your account, email, or other electronic methods associated with the service.

You are responsible for maintaining accurate contact information.

MarketMate will not be responsible for a delay or failure to perform an obligation where the delay or failure results from circumstances outside MarketMate's reasonable control.

Such circumstances may include natural disasters, widespread internet failures, telecommunications failures, governmental action, labour disruptions, war, civil unrest, cyberattacks, third-party infrastructure failures, or similar events.

This section does not affect obligations that cannot lawfully be excluded.

You may not transfer or assign your rights or obligations under these Terms without MarketMate's prior written consent where such consent is reasonably required.

MarketMate may transfer these Terms as part of a reorganisation, sale, merger, acquisition, transfer of the MarketMate business, or similar transaction, subject to applicable law.

If any provision of these Terms is found to be invalid, unlawful, or unenforceable, that provision will be interpreted or limited to the minimum extent necessary where legally possible. The remaining provisions will continue in effect.

If MarketMate does not immediately enforce a provision of these Terms, this does not mean MarketMate has waived the right to enforce that provision later. A waiver in one instance does not automatically constitute a waiver in another instance.

These Terms, together with the Privacy Policy and any additional terms expressly presented to you for a particular MarketMate feature or purchase, constitute the agreement between you and MarketMate relating to your use of the service.

They supersede prior discussions or representations concerning the same subject matter, except where otherwise expressly agreed in writing.

Provisions which by their nature should continue after termination or expiry of your MarketMate account or subscription will survive termination. This includes, where applicable, provisions relating to ownership, payments already due, disclaimers, limitation of liability, indemnity, dispute resolution, and governing law.

These Terms are governed by the laws of Singapore. This choice of law does not remove any mandatory rights or protections that apply to you and cannot lawfully be excluded.

Subject to any mandatory rights or procedures under applicable law, disputes arising out of or relating to these Terms or MarketMate will be subject to the jurisdiction of the courts of Singapore.