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Terms of Service
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Terms of Service

Last updated: April 2, 2025

Please read these Terms of Service carefully before using Marik Agency's website or services. By accessing or using our services, you agree to be bound by these Terms.

§Acceptance of Terms

By accessing our website at marikagency.com or using any services provided by Marik Agency(“we,” “us,” or “our”), you (“Client,” “you,” or “your”) agree to be bound by these Terms of Service and our Privacy Policy, which is incorporated herein by reference.

If you do not agree to these Terms, you must not access or use our services. These Terms constitute a legally binding agreement between you and Marik Agency.

§Description of Services

Marik Agency provides AI-powered business automation services, including but not limited to:

AI Chatbots

Intelligent conversational agents deployed on websites, WhatsApp, Instagram, and other channels to qualify leads and handle FAQs.

Voice AI Agents

Human-like voice agents that handle inbound and outbound phone calls, schedule appointments, and qualify prospects.

Database Reactivation

AI-driven campaigns that re-engage dormant leads from your CRM via personalised multi-channel outreach.

Workflow Automation

Custom automation workflows integrating your CRM, calendar, payment, and communication tools.

AI Knowledge-Base Setup

Indexing your business documents into a vector database for accurate AI responses.

Strategy Consulting

Advisory sessions on deploying AI systems effectively within your business.

Specific service scope, deliverables, timelines, and pricing are defined in a separate Statement of Work or Service Agreement signed between you and Marik Agency.

§Eligibility

To use our services, you must:

  • Be at least 18 years of age
  • Have the legal capacity to enter into binding contracts
  • Represent a legitimate business entity and not misrepresent your identity or business
  • Not be located in a country subject to applicable international trade sanctions
  • Comply with all applicable local, national, and international laws and regulations

§Account & Responsibilities

When you engage our services, you are responsible for:

  • Providing accurate, complete, and up-to-date business information for onboarding and AI training
  • Ensuring you have the legal right to share any CRM data, documents, or customer contact lists you provide to us
  • Obtaining all necessary consents from your customers before we deploy AI agents to interact with them on your behalf
  • Maintaining the confidentiality of any access credentials or API keys we provide
  • Notifying us immediately of any unauthorised use of your account or suspected security breach
  • Ensuring your use of our services complies with applicable telemarketing, spam, and communications laws (including TCPA, CAN-SPAM, and GDPR)

§Acceptable Use Policy

You agree to use our services only for lawful business purposes. The following activities are strictly prohibited:

Using our AI agents to deceive, harass, threaten, or defraud any individual
Conducting spam campaigns or unsolicited outreach to contacts who have not consented
Using voice AI to impersonate or misrepresent as a human without disclosure when required by law
Processing sensitive personal data (health, financial, biometric) without appropriate safeguards and explicit consent
Uploading materials that infringe third-party intellectual property rights
Attempting to reverse-engineer, copy, or reproduce our AI models or proprietary technology
Reselling, sublicensing, or white-labelling our services without prior written authorisation
Using our services for any illegal, harmful, or discriminatory purpose
Interfering with or disrupting our systems, networks, or infrastructure

Violation of this policy may result in immediate suspension or termination of your services without refund, and we reserve the right to report violations to relevant authorities.

§AI Outputs & Limitations

Important: AI systems, including those we deploy, are not infallible. You acknowledge and accept the following limitations.

  • Accuracy

    AI-generated responses may contain errors, inaccuracies, or outdated information. We recommend human review for any high-stakes communications.

  • Not Professional Advice

    Our AI agents do not provide legal, financial, medical, or other regulated professional advice. Any such outputs are informational only and should not be relied upon as professional guidance.

  • Hallucinations

    Large language models can occasionally generate plausible-sounding but incorrect information (“hallucinations”). We mitigate this via knowledge-base grounding but cannot guarantee 100% accuracy.

  • Output Ownership

    AI-generated outputs produced using our services for your business are owned by you, subject to the IP rights of the underlying model providers (OpenAI, etc.) as outlined in their usage policies.

  • Compliance Review

    You are responsible for reviewing AI outputs for compliance with applicable laws in your jurisdiction before acting on them.

§Intellectual Property

Our Property: All technology, software, models, workflows, brand assets, and know-how used to deliver our services remain the exclusive property of Marik Agency or our licensors. These Terms do not grant you any ownership interest in our technology.

Your Property: You retain all ownership of your business data, customer lists, documents, and content you provide to us. You grant Marik Agency a limited, non-exclusive licence to use this data solely to deliver the contracted services.

Feedback: Any feedback, suggestions, or ideas you provide about our services may be used by Marik Agency without restriction or compensation.

Resultant Configurations: Custom AI agent configurations, prompt architectures, and workflow designs built specifically for you are considered works-for-hire and are your intellectual property upon full payment of applicable fees.

§Payment & Billing

    Fees: Service fees are as agreed in your Statement of Work or service plan. All fees are exclusive of applicable taxes, which you are responsible for paying.
    Payment Terms: Invoices are due within 14 days of issue unless otherwise agreed. Setup fees are due in advance. Monthly retainer fees are billed monthly in advance.
    Late Payment: Overdue invoices will incur a late payment fee of 1.5% per month on the outstanding balance. We reserve the right to suspend services for accounts overdue by more than 30 days.
    Refunds: Setup fees are non-refundable once work has commenced. Monthly retainer fees may be prorated upon cancellation in accordance with your service agreement.
    Price Changes: We will provide at least 30 days' written notice of any price changes for ongoing services.

§Termination

Either party may terminate the service engagement:

  • Youmay cancel ongoing services with 30 days' written notice, subject to any minimum commitment periods in your service agreement.
  • Wemay terminate immediately if you breach these Terms, fail to pay outstanding invoices after 30 days, or engage in activities that expose us or third parties to legal risk.
  • Upon terminationwe will export your data to you in a standard format (where technically feasible) and permanently delete it within 30 days, unless legally required to retain it.
  • Post-terminationprovisions that by their nature should survive (IP, liability limitations, dispute resolution) will continue to apply.

§Disclaimers

OUR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

WE DO NOT WARRANT THAT: (A) OUR SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE; (B) ANY RESULTS OBTAINED FROM USE OF OUR SERVICES WILL BE ACCURATE, RELIABLE, OR MEET YOUR EXPECTATIONS; OR (C) ANY ERRORS IN OUR AI SYSTEMS WILL BE CORRECTED.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. IN SUCH CASES, THE ABOVE EXCLUSIONS WILL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

§Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MARIK AGENCY, ITS DIRECTORS, EMPLOYEES, CONTRACTORS, PARTNERS, OR LICENSORS BE LIABLE FOR:

  • Indirect, incidental, special, punitive, or consequential damages
  • Loss of profits, revenue, data, business opportunities, or goodwill
  • Damages arising from reliance on AI-generated outputs
  • Interruption or failure of communications or AI systems
  • Third-party claims arising from your use of AI agents on your customers

OUR AGGREGATE LIABILITY FOR ANY CLAIMS ARISING UNDER THESE TERMS SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU TO MARIK AGENCY IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

§Indemnification

You agree to defend, indemnify, and hold harmless Marik Agency and its officers, directors, employees, and agents from and against any claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from:

  • Your use of our services in violation of these Terms or applicable law
  • Your breach of any representations or warranties made herein
  • Any claim that content or data you provided to us infringes a third party's rights
  • Your failure to obtain necessary customer consents before deploying our AI agents
  • Any regulatory action taken against your business related to your use of our services

§Governing Law

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which Marik Agency is established, without regard to its conflict of law provisions.

Any dispute arising from or relating to these Terms shall first be attempted to be resolved through good-faith negotiation. If unresolved within 30 days, disputes shall be submitted to binding arbitration under mutually agreed arbitration rules. Class action lawsuits are waived to the extent permitted by law.

Nothing in this clause prevents either party from seeking injunctive or other equitable relief from a court of competent jurisdiction to prevent irreparable harm.

§Changes to Terms

We reserve the right to modify these Terms at any time. When we make material changes, we will:

  • Update the "Last updated" date at the top of this page
  • Notify active clients by email at least 14 days before the changes take effect
  • For significant changes, obtain your explicit acceptance before the changes apply to your account

Continued use of our services after the effective date of revised Terms constitutes your acceptance of the new Terms.

§Contact Us

For questions about these Terms, please contact:

Marik Agency — Legal
We aim to respond to all legal enquiries within 5 business days.