Please read these terms carefully before using MarketMorph AI services.
These Terms of Service ("Terms", "Agreement") constitute a legally binding agreement between you (whether personally or on behalf of an entity, "you" or "User") and ACA Tech Solutions ("Company", "we", "us", or "our") concerning your access to and use of the MarketMorph AI platform and all associated services, software, mobile applications, and websites (collectively, the "Services").
By creating an account, accessing, or using our Services, you acknowledge that you have read, understood, and agree to be bound by all of these Terms and our Privacy Policy. If you do not agree with any part of these Terms, you must not access or use our Services.
These Terms contain provisions that limit our liability to you and require you to resolve disputes with us through binding arbitration on an individual basis, not as part of any class or representative action. Please review Section 14 (Dispute Resolution) carefully.
We reserve the right to modify these Terms at any time. If we make material changes, we will notify you by email or through our Services. Your continued use of the Services after such modifications constitutes your acceptance of the updated Terms.
MarketMorph AI is an AI-powered marketing automation platform that provides the following services:
While we strive to provide continuous service availability, we do not guarantee that the Services will be available at all times or that they will be error-free. We may need to perform scheduled maintenance, implement updates, or address technical issues that may temporarily interrupt service availability. We will make reasonable efforts to provide advance notice of scheduled maintenance whenever possible.
We reserve the right to modify, suspend, or discontinue any part of the Services at any time, with or without notice. We may also impose limits on certain features or restrict access to parts or all of the Services without notice or liability. We will not be liable to you or any third party for any modification, suspension, or discontinuance of the Services.
To use our Services, you must meet the following eligibility requirements:
You must be at least 18 years of age to create an account and use our Services. By using the Services, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms. We do not knowingly collect information from or direct our Services to individuals under 18 years of age.
Our Services are intended for business, commercial, and professional use. If you are entering into these Terms on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms, and references to "you" in these Terms will refer to that entity.
Our Services may not be available in all countries or regions. We reserve the right to limit the availability of our Services to any person, geographic area, or jurisdiction at any time, in our sole discretion, and to limit the quantities of any services that we provide.
You must comply with all applicable local, state, national, and international laws, regulations, and rules when using our Services. You are solely responsible for ensuring that your use of the Services complies with all applicable laws in your jurisdiction.
To access most features of our Services, you must create an account. When creating an account, you agree to:
You are responsible for safeguarding the password and credentials you use to access the Services. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your account, whether or not you have authorized such activities or actions. We recommend using a strong, unique password and enabling multi-factor authentication for enhanced security.
Unless explicitly permitted by your subscription plan, you may not share your account with others. Each user must have their own individual account. Sharing accounts or credentials is a violation of these Terms and may result in suspension or termination of your account.
We reserve the right to suspend or terminate your account and refuse any current or future use of the Services if we suspect or determine that you have violated these Terms, engaged in fraudulent activity, or misused the Services in any way. We will make reasonable efforts to notify you before suspending or terminating your account, except in cases where immediate action is required to protect our systems, other users, or to comply with legal obligations.
You agree to use the Services only for lawful purposes and in accordance with these Terms. You agree not to use the Services:
When using our AI-powered content generation features, you agree not to create content that:
We reserve the right to investigate and take appropriate action against anyone who violates this Acceptable Use Policy, including removing or disabling access to violating content, suspending or terminating accounts, and reporting violations to law enforcement authorities.
The Services, including all software, algorithms, designs, graphics, text, photos, logos, interfaces, and other content (collectively, "Our Content"), are owned by or licensed to ACA Tech Solutions and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws. MarketMorph AI and all related logos and names are trademarks or registered trademarks of ACA Tech Solutions.
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your internal business purposes. This license does not include any right to:
Content generated by our AI agents based on your inputs and project data ("AI-Generated Content") is owned by you, subject to your compliance with these Terms. We do not claim ownership of AI-Generated Content. However, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, and analyze AI-Generated Content for the purpose of providing, maintaining, and improving our Services, and for training and improving our AI models.
If you provide us with any feedback, suggestions, ideas, or other information regarding the Services ("Feedback"), you grant us a perpetual, irrevocable, worldwide, royalty-free license to use, reproduce, modify, and incorporate such Feedback into our Services without any obligation to compensate you or obtain your further approval.
Our Services may include content provided by third parties or may integrate with third-party services. We do not control or endorse third-party content and are not responsible for its accuracy, legality, or appropriateness. Your use of third-party content is at your own risk and subject to the terms and conditions of those third parties.
You retain all ownership rights to the data, content, and materials you upload, submit, or provide through the Services ("Your Data"). By providing Your Data to us, you grant us a limited license to use, store, process, and transmit Your Data solely for the purpose of providing the Services to you and as described in our Privacy Policy.
You are solely responsible for:
We implement reasonable security measures to protect Your Data as described in our Privacy Policy. However, you acknowledge that no method of electronic transmission or storage is 100% secure, and we cannot guarantee absolute security of Your Data. You agree that you provide Your Data to us at your own risk.
Upon termination of your account or upon your request, we will delete Your Data in accordance with our data retention policies and applicable law. Some data may be retained in backup systems for a limited period or as required by law. You may export Your Data from the Services at any time through your account settings.
We may use aggregated, anonymized, and de-identified data derived from Your Data to train, improve, and enhance our AI models and Services. This anonymized data cannot be used to identify you or your business and helps us improve the overall quality and performance of our platform for all users.
Our current pricing is available on our website at MarketMorph AI Pricing. We reserve the right to change our pricing at any time. Price changes will not affect your current subscription term but will apply to subsequent renewal periods. We will provide at least 30 days' notice of any price changes.
You agree to pay all fees associated with your selected subscription plan. Payment is due in advance based on your chosen billing cycle (monthly or annually). All fees are non-refundable except as expressly stated in these Terms or required by law. You authorize us to charge your designated payment method for all fees when due.
We accept payment via major credit cards, debit cards, and other payment methods as made available through our Services. You must provide current, complete, and accurate payment information. You must promptly update all payment information to keep it current and valid. If your payment method fails or your account is past due, we may suspend or terminate your access to the Services.
All fees are exclusive of applicable federal, state, local, and foreign taxes, levies, or duties. You are responsible for all applicable taxes associated with your use of the Services. If we are required to collect or pay taxes for which you are responsible, you will be invoiced for such taxes, and you agree to pay such taxes when invoiced.
If payment is not received by the due date, we reserve the right to suspend your access to the Services until payment is made. If your account remains unpaid for 30 days after the due date, we may terminate your account and delete Your Data in accordance with our data retention policies.
We offer a 14-day money-back guarantee for new subscribers. If you are not satisfied with the Services within the first 14 days of your initial subscription, you may request a full refund by contacting our support team. Refunds are not available for renewals or for accounts that have violated these Terms.
We offer several subscription plans with different features, usage limits, and pricing tiers. Details of each plan are available on our pricing page. You may upgrade or downgrade your subscription plan at any time through your account settings.
We may offer a free trial period for new users to evaluate the Services. During the free trial, you will have access to the features included in the trial plan. At the end of the trial period, your account will automatically convert to a paid subscription unless you cancel before the trial ends. You will be charged for the paid subscription at the beginning of the first billing cycle.
Your subscription will automatically renew at the end of each billing cycle (monthly or annually) unless you cancel before the renewal date. You will be charged the then-current subscription fee for your selected plan. We will send you a reminder email before each renewal. You can cancel automatic renewal at any time through your account settings.
You may cancel your subscription at any time through your account settings or by contacting our support team. Cancellation will take effect at the end of your current billing cycle. You will continue to have access to the Services until the end of the paid period. No refunds will be provided for partial subscription periods, except as required by law.
When you upgrade your plan, the change takes effect immediately, and you will be charged a prorated amount for the remainder of your current billing cycle. When you downgrade your plan, the change takes effect at the start of your next billing cycle. Some features may become unavailable if they are not included in your new plan.
Each subscription plan includes specific usage limits for AI agent executions, content generation, API calls, and storage. If you exceed your plan's usage limits, we may charge overage fees, throttle your usage, or require you to upgrade to a higher-tier plan. Details of usage limits and overage policies are available on our pricing page.
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.
We do not warrant that:
AI-generated content is produced by machine learning models and may contain errors, inaccuracies, or inappropriate content. You are solely responsible for reviewing, verifying, and validating all AI-generated content before using it for any purpose. We do not guarantee the accuracy, completeness, or appropriateness of AI-generated content.
The Services may integrate with or depend on third-party services, APIs, and platforms. We are not responsible for the availability, functionality, or quality of these third-party services. Changes to third-party services may affect the functionality of our Services, and we are not liable for any such impacts.
The Services provide general marketing automation tools and AI-generated insights. They do not constitute professional advice (legal, financial, tax, or otherwise). You should consult with appropriate professionals before making business decisions based on information or recommendations provided by the Services.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ACA TECH SOLUTIONS, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:
In no event shall our total liability to you for all damages, losses, and causes of action exceed the amount you have paid to us in the twelve (12) months preceding the claim, or one hundred dollars ($100), whichever is greater.
Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. In such jurisdictions, our liability will be limited to the greatest extent permitted by law.
You agree to indemnify, defend, and hold harmless ACA Tech Solutions, its affiliates, officers, directors, employees, agents, licensors, and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:
We reserve the right to assume exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with our defense of such claim.
You may terminate your account at any time by canceling your subscription through your account settings or by contacting our support team. Upon termination, your right to use the Services will immediately cease. You will retain access to the Services until the end of your current billing period.
We may suspend or terminate your access to the Services immediately, without prior notice or liability, for any reason, including but not limited to:
Upon termination:
We recommend exporting Your Data before terminating your account. After termination, we may retain Your Data for a limited grace period, after which it will be permanently deleted. We are not obligated to provide access to Your Data after account termination.
If you have a dispute with us, you agree to first contact us at [email protected] and attempt to resolve the dispute informally. We commit to working with you in good faith to resolve any disputes.
If we cannot resolve a dispute informally within 30 days, you and we agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.
The Federal Arbitration Act and federal arbitration law apply to these Terms. The arbitration will be conducted by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitrator's decision will be final and binding, and judgment may be entered in any court of competent jurisdiction.
YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Unless both you and we agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of representative or class proceeding.
These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located in San Francisco County, California for any legal proceedings not subject to arbitration.
We reserve the right to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice before the new terms take effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Services after revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using the Services and terminate your account.
We will post the updated Terms on this page and update the "Last Updated" date. We may also notify you via email or through an in-app notification. It is your responsibility to review these Terms periodically for changes.
If you have any questions, concerns, or disputes regarding these Terms of Service, please contact us:
ACA Tech Solutions
MarketMorph AI Division
123 Innovation Drive, Suite 500
San Francisco, CA 94105
United States
Our support team is available Monday through Friday, 9:00 AM to 6:00 PM Pacific Time. We strive to respond to all inquiries within 24-48 hours during business days.
Our legal team is here to help clarify any questions you may have about these Terms of Service.
Contact Legal Team