Terms of Service

These Terms of Service ("Terms") govern your use of Markout at getmarkout.com and the related software and services (the "Service"). By creating an account or using the Service you agree to these Terms. If you use the Service for a business, you confirm you are authorized to accept these Terms on its behalf, and "you" includes that business.

Markout provides marketing software for local service businesses, including AI visibility reports, AI-written content, local landing pages, Google Business Profile review and post management, competitor monitoring and reporting. Features vary by plan and may change over time.

You must provide accurate information and keep your login secure. You are responsible for activity under your account. Tell us promptly at hello@getmarkout.com if you believe your account has been compromised.

Paid plans are billed monthly in advance through our payment processor, Stripe. Prices are shown on our website and in your billing page.

New businesses may start with a 14-day free trial. A payment card is required to start the trial. Unless you cancel before the trial ends, your card is charged automatically for the plan you chose, and your subscription renews monthly until cancelled. Each business is eligible for one free trial.

You can cancel anytime from the billing page. Cancellation takes effect at the end of the current billing period, and you keep access until then. Payments are non-refundable, including for partial months, except where a refund is required by law.

If a payment fails, we may limit or suspend paid features until it is resolved. We may change prices with at least 30 days' notice; the new price applies from your next billing period after the notice.

Some features require connecting third-party accounts such as your Google Business Profile. You authorize us to access and act on those accounts as needed to provide the features you use, for example syncing reviews and publishing replies or posts you create or approve. You can disconnect at any time. Your use of those platforms remains subject to their own terms and policies.

The Service uses artificial intelligence to generate content and analysis. AI output can be inaccurate, incomplete or unsuitable. You are responsible for reviewing content before you publish or send it, and for the claims, prices and offers it makes about your business.

We do not guarantee any particular result, including search rankings, AI assistant recommendations, reviews, leads or revenue. Visibility and ranking checks reflect what third-party services returned at the time of the check.

You keep ownership of the content and data you provide. You grant us a license to host, process and display it only as needed to operate and improve the Service for you. If you upload customer contact details or send messages to customers through the Service, you are responsible for having the consent and legal basis required (for example under the CAN-SPAM Act and the Telephone Consumer Protection Act).

You agree not to:

• post fake, incentivized or misleading reviews, or content that violates Google's or any platform's policies;
• send spam or messages to people who have not consented to receive them;
• publish unlawful, infringing, deceptive or harmful content;
• interfere with, overload, reverse engineer or attempt to gain unauthorized access to the Service;
• resell or share access to the Service without our written permission.

We may suspend or terminate accounts that violate these rules.

The Service, including its software, design and branding, belongs to Markout. These Terms do not give you any rights to it other than to use the Service as permitted here.

You may stop using the Service and cancel at any time. We may suspend or end your access if you breach these Terms, fail to pay, or if we discontinue the Service; where we discontinue it without cause we will give reasonable notice. After your account ends we may delete your data as described in our Privacy Policy.

The Service is provided "as is" and "as available". To the fullest extent permitted by law we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose and non-infringement. We do not warrant that the Service will be uninterrupted or error-free, or that third-party services it relies on (such as Google or AI providers) will remain available.

To the fullest extent permitted by law, Markout will not be liable for any indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, data or goodwill. Our total liability for any claim relating to the Service is limited to the amount you paid us in the 12 months before the claim arose.

You will defend and indemnify Markout against claims arising from your content, your messages to your customers, or your breach of these Terms or the law.

These Terms are governed by the laws of the State of Texas, without regard to its conflict-of-laws rules. Any dispute will be brought in the state or federal courts located in Texas, and you consent to their jurisdiction.

We may update these Terms. If a change is material we will notify you by email or in the Service before it takes effect. Continuing to use the Service after that means you accept the updated Terms.