Terms of Service

These Terms of Service (the “Terms”) form a binding agreement between you and MarketStreet, Inc. (“MarketStreet,” “we,” “us,” or “our”). They govern your access to and use of the MarketStreet application, website, related tools, and any subscription or order you place with us (together, the “Service”).

By creating an account, connecting an advertising platform, or otherwise using the Service, you accept these Terms on behalf of yourself and any organization you represent. If you do not agree, do not use the Service. Where you are entering into these Terms for a company, you confirm that you are authorized to bind that company.

MarketStreet is a creative production and advertising platform. It helps you generate, organize, and launch marketing creative, and it uses artificial intelligence to draft copy, produce variations, and recommend how campaigns are structured and optimized. Because these features rely on automated models, output may be inaccurate or unsuitable for a given use, and you are responsible for reviewing everything before it is published.

To use most features you must create an account and keep your account information accurate and current. You are responsible for safeguarding your credentials and for all activity that occurs under your account.

The Service lets you connect third-party advertising accounts (for example, Meta, TikTok, Google, or similar platforms) so that MarketStreet can help you build and manage campaigns on your behalf. When you connect an account, you authorize us to access and act within it as needed to provide the Service, and you agree to comply with the terms and policies of each connected platform.

You are solely responsible for the content, assets, brand materials, and instructions you upload or submit. You represent that you have the rights to use them and that they do not violate any law or third-party right. We may remove content or suspend campaigns that we reasonably believe breach these Terms or a connected platform’s policies.

Paid plans are billed in advance according to the pricing shown at checkout or in your order. Unless stated otherwise, fees are quoted in U.S. dollars and are exclusive of taxes, which you are responsible for paying.

Some features are funded through prepaid balances or wallet deposits used to run campaigns. Amounts you allocate to advertising spend are passed through to the relevant advertising platforms and are non-refundable once committed, even if a campaign underperforms. Except where required by law, subscription fees and in-app purchases are non-refundable.

You authorize us and our payment processors to charge your payment method for all amounts due. If a charge fails, we may retry it and may suspend the Service until outstanding amounts are paid.

Subscriptions renew automatically for successive periods of the same length until cancelled. By subscribing, you authorize recurring charges at the then-current rate for each renewal period.

If we offer a free trial, it converts to a paid subscription at the end of the trial unless you cancel beforehand. You may cancel at any time from your account settings; cancellation takes effect at the end of the current billing period, and you will retain access until then. We do not provide refunds for the portion of a period remaining after cancellation.

The Service, including its software, models, designs, and trademarks, is owned by MarketStreet or its licensors and is protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable right to use the Service during your subscription, subject to these Terms.

As between you and us, you retain ownership of the content and assets you submit, and, subject to your payment of applicable fees, you own the creative output generated for you through the Service. You grant us the rights needed to host, process, and display that content in order to operate and improve the Service.

If you send us suggestions, ideas, or other feedback about the Service, you grant us a perpetual, irrevocable, worldwide, royalty-free right to use it for any purpose without obligation or compensation to you. We are free to develop and commercialize features based on that feedback.

You agree to defend, indemnify, and hold harmless MarketStreet and its officers, employees, and agents from any third-party claims, damages, and expenses (including reasonable legal fees) arising out of your content, your use of the Service, your breach of these Terms, or your violation of any law or third-party right, including the policies of connected advertising platforms.

The Service is provided “as is” and “as available” without warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or secure, or that any AI-generated output, recommendation, or campaign result will be accurate or achieve a particular outcome.

MarketStreet is not responsible for the availability, decisions, or actions of third-party advertising platforms, including any rejection, suspension, or removal of your ads or accounts by those platforms.

If you breach these Terms, we may ask you to cure the breach within five (5) days. For a material breach, we may terminate or suspend your access if it is not cured within thirty (30) days of notice. We may suspend the Service immediately where continued use poses a security, legal, or platform-compliance risk.

Upon termination, your right to use the Service ends. Provisions that by their nature should survive termination will continue to apply, including those on intellectual property, indemnification, disclaimers, and limitation of liability.

To the maximum extent permitted by law, MarketStreet will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, data, or advertising spend. Our total liability arising out of or relating to the Service will not exceed the greater of the amount you paid us in the twelve (12) months before the event giving rise to the claim or one hundred U.S. dollars ($100). Nothing in these Terms limits liability that cannot be limited by law, including for fraud or intentional misconduct.

We process personal data in accordance with our Privacy Policy and applicable data protection laws, which may include U.S. state privacy laws, the EU and UK GDPR, and other regulations that apply to you. Please review the Privacy Policy to understand how we collect, use, and protect information.

The Service integrates with and may link to third-party websites, platforms, and services that we do not control. We are not responsible for their content, practices, or availability, and your use of them is governed by their own terms. Connecting or relying on a third-party service is at your own risk.

These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws rules. We may update these Terms from time to time; if we make material changes, we will provide reasonable notice, and your continued use of the Service after the changes take effect constitutes acceptance.

Neither party is liable for delays or failures caused by events beyond its reasonable control. If any provision of these Terms is found unenforceable, the remaining provisions will remain in effect. Our failure to enforce a provision is not a waiver of it.

Questions about these Terms can be sent to legal@marketstreet.pro.