Terms and Conditions

Last updated January 23, 2026

These terms and conditions ("Terms") govern your access to and use of Markifact, a software-as-a-service tool ("Service") provided by OPTIMIZATION UP L.L.C-FZ ("we" or "us"). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service.

Definitions

In these Terms, the following words have the following meanings:

  • "Customer" or "You": The individual or entity that creates an account and uses the Service.
  • "Service": The Markifact platform, including all features, tools, and functionalities provided through markifact.com and related applications.
  • "Subscription": A paid plan that grants access to premium features of the Service for a specified billing cycle.
  • "Credits": Units of usage allocated to your account that are consumed when using certain features of the Service (such as workflow runs, automations, or AI usage).
  • "Customer Data": Any data, content, or information that you upload, connect, transmit, or process through the Service, including data from connected third-party platforms.
  • "Output": Any content generated by the Service, including AI-generated text, reports, analytics, and workflow results.
  • "Third-Party Services": External platforms and services that integrate with Markifact, including but not limited to Google, Meta, TikTok, LinkedIn, Microsoft, Shopify, Stripe, and AI providers.

Use Terms for Markifact

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for your internal business purposes during the term of these Terms.

You may not use the Service in any way that could damage, disable, overburden, or impair the Service or interfere with any other party's use and enjoyment of the Service. You may not attempt to gain unauthorized access to the Service or any part of it, other accounts, computer systems, or networks connected to the Service, through hacking, password mining, or any other means.

You are solely responsible for all data, information, and content uploaded, stored, or processed using the Service. You represent and warrant that you have the necessary rights to upload, store, and process such data, information, and content using the Service and that your use of the Service complies with all applicable laws, regulations, and industry standards.

You are responsible for complying with all advertising platform policies, including restrictions on automated actions, messaging, data usage, and content guidelines. Violations of third-party platform policies that result from your workflows are your sole responsibility.

Account Registration and Security

  1. Account Creation: To use the Service, you must create an account and provide accurate, complete, and current information. You agree to update your account information promptly if it changes.

  2. Account Security: You are responsible for maintaining the confidentiality of your account access (including magic links, SSO credentials, API keys, and connected integrations) and for all activities that occur under your account.

  3. Unauthorized Access: You must notify us immediately at contact@markifact.com if you become aware of any unauthorized access to or use of your account. We are not liable for any loss or damage arising from unauthorized use of your account.

  4. Account Sharing: You may not share your account access or credentials with others or allow multiple individuals to use a single account, unless your subscription plan explicitly permits multiple users.

  5. One Account Per Person: Each individual may only maintain one free account. Creating multiple accounts to abuse free tiers or promotions is prohibited.

  6. Connected Account Authorization: You confirm that you have proper authorization to connect and access any third-party accounts and data (such as ad accounts, analytics properties, or business pages) through Markifact. You are solely responsible for ensuring you have the necessary permissions from account owners before connecting their data.

Intellectual Property

  1. Our Ownership: Markifact, including its software, code, design, user interface, workflows engine, templates, documentation, and all related intellectual property, is owned exclusively by OPTIMIZATION UP L.L.C-FZ. These Terms do not grant you any ownership rights in the Service.

  2. Your Ownership: You retain all ownership rights to your Customer Data. We do not claim any ownership over the data you upload or connect to the Service.

  3. License to Process Your Data: By using the Service, you grant us a limited, non-exclusive, worldwide license to access, process, store, and transmit your Customer Data solely for the purpose of providing and improving the Service. This license terminates when you delete your data or close your account.

  4. Output Ownership: As between you and us, you own Output generated from your Customer Data, excluding any underlying Markifact software, templates, proprietary components, and any third-party content or AI provider restrictions that may apply.

  5. Restrictions: You may not copy, modify, distribute, sell, or lease any part of the Service, nor may you reverse-engineer or attempt to extract the source code of the Service. You may not benchmark, publish performance results, or conduct stress tests of the Service without our prior written permission.

Payment and Subscription

By subscribing to Markifact, you agree to the following terms and conditions:

  1. Subscription: Markifact is offered on a subscription basis. You will be billed in advance on a recurring and periodic basis (each period is referred to as a "billing cycle"). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing.

  2. Payments: All payments are processed by our payment partner, Stripe. By providing a valid payment method, you expressly authorize us and Stripe to charge the subscription fees at the start of every billing cycle.

  3. Automatic Renewal and Reminder Emails: YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW AND YOU WILL BE CHARGED at the end of each billing cycle unless you cancel before the renewal date. By subscribing, you authorize us to charge your payment method on a recurring basis. As a courtesy, we send renewal reminder emails prior to each renewal to the email address on file. It is your responsibility to ensure you receive and review these reminders, and to cancel your subscription before renewal if you do not wish to continue. Failure to receive a reminder email does not waive renewal charges or entitle you to a refund.

  4. Failed Payments: If your payment fails, we will retry the charge once the following day. If the retry also fails, your subscription will be automatically cancelled and access to paid features will be terminated. You may resubscribe at any time by selecting a new plan.

  5. Strict No Refund Policy:

    • All fees are non-refundable except where required by applicable law.
    • This applies even if you forget to cancel before renewal, cancel immediately after renewal, or do not use the Service during a billing cycle.
    • We do not issue refunds or credits for unused time, unused credits, or partially used billing periods.
    • Following cancellation, you will retain access to your subscription until the end of the current billing cycle, after which your access will terminate.

  6. Credits and Usage:

    • All subscription plans include credits that can be used for features of the Service (such as workflow runs, automations, or AI usage).
    • Credits are allocated at the start of each billing cycle and reset at the beginning of the next billing cycle.
    • Unused credits do not carry over to the next billing cycle, are not refundable, and have no cash value.
    • Credits cannot be transferred between accounts or workspaces.
    • We may adjust credit consumption rates for features from time to time with reasonable notice.
    • It is your responsibility to manage your credit usage within each billing cycle.

  7. Plan Changes (Upgrades and Downgrades):

    • Upgrades: If you upgrade your plan mid-billing cycle, the upgrade takes effect immediately. You will be charged the prorated difference for the remainder of your current billing cycle.
    • Downgrades: If you downgrade your plan, the change will take effect at the start of your next billing cycle. You will retain access to your current plan's features until then. No refunds or credits are issued for downgrades.

  8. Cancellation: You may cancel your subscription at any time through your account settings. To avoid being charged for the next billing cycle, cancellation must be completed before the renewal date. Once a renewal has been processed, the fee for that cycle is owed in full.

  9. Price Changes: We reserve the right to change our subscription plans or adjust pricing for our Service. For existing subscribers, we will provide at least 30 days' written notice before any price increase takes effect. Continued use of the Service after the price change constitutes acceptance of the new pricing. If you do not agree to the new pricing, you may cancel your subscription before the change takes effect.

  10. Chargebacks and Payment Disputes:

  • You agree to contact us at contact@markifact.com to resolve any billing issues before initiating a chargeback or payment dispute with your bank or payment provider.
  • If you initiate a chargeback without first attempting to resolve the issue with us, we reserve the right to suspend your account immediately pending investigation.
  • We may submit evidence to your payment provider to dispute illegitimate chargebacks, including access logs, usage records, renewal notifications, and invoice history.
  • Any chargeback fees imposed by payment processors may be passed on to you where permitted by law.
  1. Taxes:
  • All fees are exclusive of applicable taxes unless explicitly stated otherwise.
  • For customers in the United Arab Emirates, applicable VAT will be calculated and added to your invoice in accordance with UAE tax regulations.
  • For customers outside the UAE, you are responsible for paying all taxes, duties, and other governmental charges associated with your use of the Service.
  • You agree to provide accurate billing and tax information, including VAT registration numbers where applicable.

If you have any questions about your Markifact subscription or these Terms, please reach out to us at contact@markifact.com.

Account Suspension and Termination

  1. Suspension for Violation: We reserve the right to suspend or terminate your account immediately and without prior notice if you:

    • Violate these Terms or any applicable laws
    • Engage in fraudulent, abusive, or illegal activity
    • Send spam or unsolicited communications through our Service
    • Attempt to circumvent security measures or access restrictions
    • Use the Service in a way that harms other users or our infrastructure
    • Probe, test, or stress-test the Service in ways it is not intended to be used
    • Attempt to reverse-engineer, exploit, or discover vulnerabilities in the Service
    • Use the Service for purposes other than its intended marketing automation functionality
    • Create accounts for the purpose of abusing free tiers, promotions, or system resources
    • Use the Service for illegal tracking, phishing, or deceptive practices
    • Resell, sublicense, or provide access to the Service to third parties without authorization
    • Upload sensitive personal data (such as health or payment card information) in violation of applicable regulations
    • Upload or transmit malware, viruses, harmful code, or attempt to disrupt systems or networks

  2. Throttling and Infrastructure Protection: We may throttle, rate-limit, or temporarily restrict your usage to protect our infrastructure, other users, or the stability of the Service. This is not considered a suspension.

  3. Workflow Removal: We reserve the right to disable or remove specific workflows that violate these Terms, consume excessive resources, or pose a risk to the Service.

  4. Suspension for Investigation: We may suspend your account to investigate suspected fraud, abuse, or Terms violations. We will attempt to notify you, but are not required to do so during an active investigation.

  5. Suspension for Non-Payment: If your payment fails and the retry attempt also fails, your subscription will be cancelled and access to paid features will be suspended immediately.

  6. Effect of Suspension: During suspension, you will not have access to paid features of the Service. Your data will be retained according to our data retention policies. We are not liable for any losses resulting from suspension.

  7. Reinstatement: To reinstate a suspended account, you must resolve the issue that caused the suspension (such as updating payment information or addressing the violation). We reserve the right to refuse reinstatement at our sole discretion.

  8. Data After Termination: Upon account termination, you may request deletion of your data in accordance with our Privacy Policy. We may retain certain data as required by law or for legitimate business purposes.

Data Retention and Export

  1. Active Accounts: While your account is active, we retain your Customer Data and workflow execution history according to your subscription plan (1-30 days for execution logs).

  2. After Cancellation: Following account cancellation, you have 30 days to export or download your data. After this period, we may permanently delete your Customer Data.

  3. Data Export: You can export workflow configurations and certain available data through your account dashboard, subject to technical limitations and data retention windows. Not all historical data may be available for export.

  4. Retained Data: Even after deletion, we may retain certain data for legal, security, or compliance purposes, including:

    • Billing and invoice records (as required by tax law)
    • Fraud prevention and security logs
    • Anonymized or aggregated usage data

  5. No Recovery: Once data is deleted, it cannot be recovered. It is your responsibility to export any data you wish to keep before cancellation or account termination.

Email Communications Policy

Marketing Emails

By signing up or creating an account on this website, you agree to receive marketing emails from us, unless you choose to unsubscribe. These emails may include promotional offers, product updates, newsletters, or other information related to our services. We value your privacy and assure you that your email address and personal information will be handled in accordance with our Privacy Policy.

If you wish to unsubscribe from our marketing emails, you can do so by clicking the "unsubscribe" link provided at the bottom of each email. Please note that even if you unsubscribe from marketing emails, you may still receive transactional or account-related communications regarding your use of our services.

Transactional and Service Emails

By using our service, you acknowledge and agree to receive transactional and service-related emails from @markifact.com addresses that are necessary for the operation and delivery of our services. These include but are not limited to:

  • Workflow execution notifications and alerts
  • Schedule confirmations and reminders
  • Account security notifications
  • Service updates and maintenance alerts
  • Error notifications and system status updates
  • Billing and account-related communications

Unlike marketing emails, these transactional communications are essential to service delivery and cannot be unsubscribed from while you maintain an active account.

Email Usage & Limits

  1. All automated emails will be sent from @markifact.com addresses
  2. Email sending capacity is limited according to your subscription plan
  3. You agree to use the email features responsibly and in compliance with our terms
  4. We reserve the right to monitor and limit email usage to prevent abuse
  5. Violation of these terms may result in service suspension or termination

For specific email sending limits, please refer to your plan details in your account dashboard.

Confidentiality

"Confidential Information" means any information disclosed by either party to the other party that is marked as confidential or should reasonably be considered confidential given the nature of the information and the circumstances of its disclosure.

The recipient of Confidential Information will maintain the confidentiality of the Confidential Information and will not disclose it to any third party, except as necessary to provide the Service or as required by law.

Termination

Either party may terminate these Terms upon written notice to the other party if the other party breaches any material term of these Terms and fails to cure such breach within thirty (30) days of receiving written notice of the breach.

Notwithstanding the above, we may suspend or terminate your account immediately and without prior notice for serious violations, fraud, abuse, security risks, or any conduct that poses a threat to the Service, other users, or third-party platforms.

Upon termination of these Terms, you must immediately cease all use of the Service and destroy all copies of the Service in your possession.

User Data

We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

Backups are maintained for disaster recovery purposes only and are not guaranteed for individual data recovery requests. You are responsible for exporting and backing up any critical data through your account dashboard.

Disclaimer of Warranties

The Service is provided "as is" and "as available" without any warranties of any kind, whether express or implied.

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

We expressly disclaim any and all warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising out of course of dealing or usage of trade.

Limitation of Liability

To the maximum extent permitted by applicable law:

  1. Liability Cap: Our total liability to you for any claims arising out of or related to these Terms or the Service shall not exceed the total amount you paid to us for the Service during the twelve (12) months immediately preceding the event giving rise to the claim.

  2. Exclusion of Damages: In no event shall we be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, business opportunities, or goodwill, even if we have been advised of the possibility of such damages.

  3. Exceptions: These limitations do not apply to liability arising from gross negligence, willful misconduct, or any liability that cannot be excluded or limited under applicable law.

  4. Basis of the Bargain: You acknowledge that the fees charged for the Service reflect the allocation of risk set forth in this agreement and that we would not enter into this agreement without these limitations of liability.

Indemnification

You agree to indemnify, defend, and hold harmless OPTIMIZATION UP L.L.C-FZ, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

  1. Your use of the Service
  2. Your violation of these Terms
  3. Your violation of any rights of another party, including intellectual property rights
  4. Any content or data you upload, transmit, or process through the Service
  5. Your violation of any applicable laws or regulations

We reserve the right to assume exclusive defense of any matter subject to indemnification by you, in which case you agree to cooperate with our defense of such claim.

AI-Generated Output Disclaimer

Markifact includes optional AI-powered features that generate content, insights, summaries, and recommendations.

  1. No Guarantee of Accuracy: AI-generated Output may contain errors, inaccuracies, or inappropriate content. We do not guarantee the accuracy, completeness, reliability, or suitability of any AI-generated Output.

  2. Your Responsibility to Review: You are solely responsible for reviewing, verifying, and editing any AI-generated Output before using it for business decisions, publishing, or sharing with others.

  3. No Liability for AI Output: We are not liable for any decisions you make, actions you take, or consequences that arise from relying on AI-generated Output, including but not limited to financial losses, regulatory violations, or reputational harm.

  4. Third-Party AI Providers: When you use your own API keys (BYOK), AI processing is subject to the terms and privacy policies of your chosen AI provider. We do not control third-party AI provider processing, data retention, or training policies. You are responsible for reviewing and accepting their terms before use.

  5. Compliance: You are responsible for ensuring that your use of AI-generated Output complies with applicable laws, regulations, and platform policies (such as advertising guidelines or content policies).

  6. No Professional Advice: Markifact and any AI-generated Output do not constitute legal, financial, tax, medical, or other professional advice. You should consult appropriate professionals for such matters.

Feedback

If you provide us with feedback, suggestions, ideas, or recommendations regarding the Service ("Feedback"), you grant us a perpetual, irrevocable, worldwide, royalty-free license to use, modify, incorporate, and commercialize such Feedback without any obligation or compensation to you. You waive any rights you may have in such Feedback.

Service Changes

We continuously improve and evolve the Service. We reserve the right to:

  1. Add, modify, or remove features or functionality at any time
  2. Change or discontinue integrations with Third-Party Services
  3. Adjust usage limits, rate limits, or resource allocations per plan
  4. Modify the user interface or workflow builder
  5. Update AI models or providers used in AI features

We will provide reasonable notice of material changes that significantly reduce core functionality. However, changes required for security, legal compliance, or third-party API changes may be made without advance notice.

Third-Party Services and API Disclaimer

Markifact integrates with various Third-Party Services (such as Google, Meta, TikTok, LinkedIn, Microsoft, Shopify, HubSpot, and others) to provide its functionality.

  1. Third-Party Terms: Your use of Third-Party Services through Markifact is subject to those services' terms of use and privacy policies. You are responsible for complying with all applicable third-party terms.

  2. No Guarantee of Third-Party Availability: We are not responsible for outages, errors, API changes, deprecations, rate limits, or data accuracy issues caused by Third-Party Services.

  3. Data Accuracy: Data retrieved from Third-Party Services (such as analytics, ad performance, or reporting data) is provided as-is. We do not guarantee its accuracy, completeness, or timeliness. Discrepancies between Markifact reports and native platform reports may occur.

  4. API Changes: Third-party platforms may change their APIs at any time, which may affect Markifact functionality. We will make reasonable efforts to adapt to such changes but cannot guarantee uninterrupted integration.

  5. Revocation of Access: If a third-party platform revokes Markifact's API access or your authorization, related features may stop working. This is outside our control.

Third-Party Website and Content

The Site may contain (or you may be sent via the Site) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content").

Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content.

Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern.

You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party.

You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

Service Availability

We strive to maintain high availability of the Service but do not guarantee uninterrupted access. The Service may be temporarily unavailable due to:

  1. Scheduled maintenance (we will provide reasonable advance notice when possible)
  2. Unscheduled maintenance or emergency repairs
  3. Factors outside our control, including internet outages, third-party service failures, or force majeure events

We are not liable for any downtime or service interruptions. For enterprise customers requiring specific uptime guarantees, please contact us to discuss a custom Service Level Agreement.

Beta and Experimental Features

From time to time, we may offer features labeled as "beta", "preview", "experimental", or similar designations.

  1. As-Is Basis: Beta features are provided "as-is" without any warranties or guarantees of functionality, reliability, or availability.

  2. Changes or Discontinuation: We may modify, limit, or discontinue beta features at any time without notice.

  3. Feedback: Your use of beta features may be subject to additional terms, and we may request feedback to help improve the feature.

  4. No Liability: We are not liable for any issues, data loss, or damages arising from your use of beta features.

Force Majeure

We shall not be liable for any failure or delay in performing our obligations under these Terms if such failure or delay results from events beyond our reasonable control, including but not limited to:

  • Natural disasters, acts of God, or severe weather
  • War, terrorism, civil unrest, or government actions
  • Internet or telecommunications failures
  • Third-party service outages (including cloud providers, APIs, and payment processors)
  • Pandemics, epidemics, or public health emergencies
  • Power outages or infrastructure failures

During such events, our obligations shall be suspended until the event is resolved.

Support

Support is provided on a reasonable-efforts basis via email (contact@markifact.com) and in-app chat where available. We strive to respond promptly but do not guarantee specific response times unless you have a custom Service Level Agreement.

Support covers questions about Service functionality, troubleshooting, and account issues. We do not provide support for third-party platform policies, custom code development, or issues caused by third-party API changes.

Governing Law and Dispute Resolution

  1. Governing Law: These Terms are governed by and construed in accordance with the laws of the United Arab Emirates, specifically the regulations applicable to the Meydan Free Zone, Dubai, where OPTIMIZATION UP L.L.C-FZ is registered.

  2. Dispute Resolution: Any dispute arising from or relating to these Terms shall first be attempted to be resolved through good-faith negotiation between the parties. If the dispute cannot be resolved through negotiation within thirty (30) days, it shall be submitted to the exclusive jurisdiction of the courts of Dubai, UAE.

  3. Class Action Waiver: To the extent permitted by law, you agree to resolve any disputes with us on an individual basis and waive any right to participate in a class action lawsuit or class-wide arbitration.

Modifications to Terms

We may update these Terms from time to time to reflect changes in our practices, legal requirements, or Service features.

  1. Notice of Changes: We will notify you of material changes by email or by posting a notice on our website at least 30 days before the changes take effect.

  2. Continued Use: Your continued use of the Service after the effective date of any changes constitutes your acceptance of the updated Terms.

  3. Rejection of Changes: If you do not agree to the updated Terms, you must stop using the Service and may cancel your subscription before the changes take effect.

Severability

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

Entire Agreement

These Terms, together with our Privacy Policy and any other agreements or policies referenced herein, constitute the entire agreement between you and OPTIMIZATION UP L.L.C-FZ regarding the Service and supersede all prior agreements, understandings, and communications.

Assignment

We may assign or transfer these Terms (in whole or in part) to an affiliate or successor in connection with a merger, acquisition, corporate restructuring, or sale of assets. You may not assign or transfer these Terms or any rights or obligations hereunder without our prior written consent. Any attempted assignment without consent is void.

Independent Contractors

The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, employment, franchise, or agency relationship between you and OPTIMIZATION UP L.L.C-FZ.

Notices

We may provide notices to you by email to the address associated with your account, through in-app notifications, or by posting on our website. Notices are considered delivered when sent or posted. It is your responsibility to keep your email address current and to review notices promptly.

You may send notices to us at contact@markifact.com. Notices to us are considered delivered when actually received.

Publicity

You grant us permission to display your company name and logo solely to identify you as a Markifact customer on our website and in customer lists. If you prefer not to be listed, you may request removal at any time by contacting us at contact@markifact.com.

Contact Us

In order to receive further information regarding use of the Site, please contact us at: contact@markifact.com