Terms and Conditions

Last updated February, 11, 2025

These terms and conditions ("Terms") govern your access to and use of Markifact, a software-as-a-service tool ("Service") provided by Optimization Up ("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.

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.

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. Renewals and Reminder Emails: Your subscription will automatically renew at the end of each billing cycle unless you cancel it beforehand. 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.

  4. Strict No Refund Policy:

    • All payments are final and non-refundable.
    • 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 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.

  5. 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.
    • It is your responsibility to manage your credit usage within each billing cycle.

  6. 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.

  7. Changes: We reserve the right to change our subscription plans or adjust pricing for our Service at any time and in our sole discretion. Any such changes will be communicated to you in advance.

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

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.

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.

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.

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.

Contact Us

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