Terms of Use – Maromel
1. Preamble and binding effect
These Terms of Use (hereinafter, the "Terms") constitute a legally binding agreement between Maromel (hereinafter, the "Company", "we", or "us") and you, the user (hereinafter, the "User" or "you"). These Terms govern your access to and use of Maromel’s software platform, AI automation tools, APIs, websites, and any related services (collectively, the "Service"). By accessing, registering for, or using the Service, you expressly acknowledge that you have read, understood, and agree to be bound by these Terms. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms. If you do not agree to these Terms, you must immediately cease all use of the Service.
2. The service: nature and limitations
2.1. AI and Automation Tool. The Service is a technological platform
utilizing artificial intelligence and automation to manage online
interactions. The User acknowledges that the Service is provided strictly
as a software tool and does not constitute a managed service, consultancy,
or human-supervised operation.
2.2. Probabilistic Nature of AI. You expressly acknowledge that the
artificial intelligence models underlying the Service are probabilistic in
nature. Consequently, outputs generated by the Service may contain
inaccuracies, errors, or "hallucinations." The Company makes no
representation or warranty regarding the accuracy, reliability, or
completeness of any AI-generated content. It is your sole responsibility
to review, verify, and approve all outputs before publication or
reliance.
.2.3. "As-Is" Basis. The Service is provided on an "AS IS" and "AS
AVAILABLE" basis. The Company explicitly disclaims all warranties, express
or implied, including but not limited to merchantability, fitness for a
particular purpose, and non-infringement.
3. User obligations and responsibilities
3.1. Lawful Use. You agree to use the Service solely for lawful,
professional, and business purposes. You are strictly prohibited from
using the Service to violate any applicable law, regulation, or the rights
of third parties (including intellectual property and privacy rights).
3.2. Content Liability. You assume sole and absolute responsibility for
any content created, generated, edited, or published via the Service. The
Company acts merely as a passive conduit for your data and assumes no
liability for the legality or appropriateness of your content.
3.3. Account Security. You are responsible for maintaining the
confidentiality of your credentials. Any activity performed through your
account shall be deemed to have been performed by you, and you shall be
fully liable for such activity.
4. Third-party platforms and automation risks
4.1. External Terms. The Service may interact with third-party platforms
(e.g., social media networks). Your use of the Service is subject to the
terms and conditions of such platforms.
4.2. Automation Risks. You acknowledge that the use of automation tools
may violate the terms of service of certain third-party platforms. The
Company shall not be liable for any suspension, ban, restriction, or
blocking of your accounts on external platforms resulting from your use of
the Service. You bear the sole risk of such consequences.
5. Proprietary rights and license
5.1. Company Rights. All right, title, and interest in and to the Service, including its code, algorithms, design, and intellectual property, remain exclusively with the Company.
6. Fees, payments, and refunds
6.1. Payments. Access to certain features requires payment of fees. All
payments are non-refundable and non-cancellable unless expressly stated
otherwise in writing by the Company.
6.2. No Refunds. For the avoidance of doubt, no refunds shall be issued
for partial use, dissatisfaction with the Service, or account suspension
due to violation of these Terms or third-party platform rules.
Nothing in this section shall derogate from any mandatory cancellation
rights under the Israeli Consumer Protection Law, 5741-1981, to the extent
applicable.
7. Limitation of Liability
To the maximum extent permitted by applicable law:
(a) In no event shall the company, its affiliates, officers, or employees
be liable for any indirect, incidental, special, consequential, or
punitive damages, including loss of profits, data, or business reputation,
arising out of or related to these terms or the service.
(b) The company’s total cumulative liability for any claim arising out of
these terms shall not exceed the actual amount paid by the user to the
company during the three (3) months immediately preceding the event giving
rise to the claim.
8. Indemnification
You agree to indemnify, defend, and hold harmless the company and its affiliates from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable legal fees) arising from: (i) your use of the service; (ii) your violation of these terms; (iii) your violation of any third-party right, including intellectual property or privacy rights; or (iv) any content submitted or published by you.
9. Term, Termination, and Suspension
The company reserves the right, at its sole discretion and without prior notice, to suspend or terminate your access to the service for any reason, including but not limited to a breach of these terms, excessive usage ("throttling"), or system maintenance. You agree that the company shall have no liability to you or any third party for any termination of access.
10. Governing Law and Jurisdiction
10.1. Exclusive jurisdiction. These terms and any dispute arising out of
or related to them shall be governed exclusively by the laws of the state
of Israel, without regard to its conflict of laws principles.
10.2. Venue. The competent courts located in Tel Aviv-Yafo, Israel, shall
have sole and exclusive jurisdiction over any such dispute. You hereby
expressly consent to the personal jurisdiction of such courts and waive
any objection regarding inconvenient forum.
11. Third-party AI providers and policies
11.1. Integration. The user acknowledges that the service utilizes
technology and application programming interfaces (APIs) provided by
third-party AI developers (e.g., OpenAI, Anthropic, Google, etc.) ("AI
providers").
11.2. Flow-through terms. Your use of the service is subject to the usage
policies and terms of service of such AI providers, as may be updated from
time to time. You agree not to use the service in any manner that would
cause the company to violate its agreements with these AI providers.
11.3. Dependency. The company shall not be liable for any service
interruptions, changes in features, or termination of access caused by AI
providers. You acknowledge that AI providers may, at their discretion,
restrict or modify access to certain content or features, and the company
is not responsible for such changes.
12. Data and AI training license
12.1. Input ownership. As between the parties, the user retains ownership
of original data uploaded or provided to the service ("input").
12.2. Training license. You grant the company a non-exclusive, perpetual,
worldwide, and irrevocable license to use, copy, modify, and process
anonymized and aggregated data derived from your use of the service for
the purpose of improving system performance, conducting analytics, and
training machine learning models.
12.3. Waiver of claims. The user waives any claim to compensation,
royalties, or ownership regarding any improvements, trained models, or new
features developed by the company using such anonymized data.
13. Fair use and system integrity
13.1. Throttling. Access is subject to fair use limitations. The company
reserves the right to impose limits on the volume of requests, api calls,
or system resources used by a single account ("throttling").
13.2. Abuse. Excessive use that burdens system infrastructure or degrades
service for other users is strictly prohibited. The company solely
determines what constitutes excessive use.
13.3. Immediate restriction. Restrictions or suspensions for fair use
violations may be applied immediately and without prior notice.
14. Age restriction and legal capacity
14.1. Minimum age. The service is intended solely for users aged 18 years
or older. By using the service, you warrant that you are at least 18 years
of age.
14.2. Termination of minors. Accounts found to be used by minors will be
terminated immediately without refund. The company reserves the right to
request age verification documentation at any time.
15. Export controls and sanctions
15.1. Representation. You represent that you are not located in, under the
control of, or a national/resident of any country subject to international
sanctions or embargoes (including but not limited to iran, syria, lebanon,
and north korea).
15.2. Prohibited persons. You warrant that you are not listed on any
government denied persons or blocked parties list.
16. Copyright infringement (dmca/takedown)
16.1. Notice. If you believe content within the service infringes your
copyright, you must provide a formal written notice to the company.
16.2. Takedown. The company reserves the right to remove or disable access
to infringing content and terminate the accounts of repeat infringers at
its sole discretion.
17. Force majeure
The company shall not be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including but not limited to: cloud provider failures, internet outages, cyber-attacks, war, acts of god, or regulatory changes affecting ai technology.
18. Regulatory evolution and ai compliance
You acknowledge that the legal landscape for ai and automation is evolving. The company reserves the right to modify or restrict certain features of the service to comply with new laws, regulations, or third-party platform policies without such changes constituting a breach of these terms.
19. Independent contractors
Nothing in these terms creates a partnership, joint venture, agency, or employment relationship. You are an independent user of a software tool, and you have no authority to bind the company to any third-party obligation.
20. Data loss and backup responsibility
While the company employs industry-standard security, it does not guarantee that data will not be lost. You are solely responsible for maintaining independent backups of any data or content processed through the service.
21. No professional advice
The service and its outputs (including marketing insights or content suggestions) are for informational purposes only. They do not constitute legal, financial, or professional advice. Reliance on any output is at your own risk.
22. Assignment
The company may assign its rights and obligations under these terms, in whole or in part, to any successor or affiliate without your consent. You may not assign your account or rights without the company’s prior written approval.
23. Severability
If any provision of these terms is held by a court to be invalid or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall continue in full force.
24. No waiver
The failure of the company to enforce any right or provision of these terms shall not constitute a waiver of such right or future enforcement.
25. Account termination for cause
The company may terminate your access immediately if it reasonably believes you have engaged in fraud, impersonation, or actions that threaten the security of the service or its users.
26. Taxes
All fees are exclusive of taxes, levies, or duties imposed by taxing authorities. You are responsible for payment of all such taxes, excluding taxes on the company’s net income.
27. Publicity
The company may identify you as a customer and use your logo in marketing materials or on its website, unless you notify us in writing that you wish to opt-out.
28. Beta and experimental features
From time to time, the company may offer "beta" features. These features are provided "as-is" for testing purposes and may contain bugs. The company may discontinue beta features at any time without liability.
29. Modifications to the service
The company reserves the right to add, modify, or remove features or functional components of the service at any time to reflect technological advancements or market changes.
30. Third-party content
The service may display or link to content from third parties. The company does not endorse or assume responsibility for any such third-party material.
31. Confidentiality
You agree to keep confidential any non-public information regarding the company’s technology, pricing, or business processes that you may learn through your use of the service.
32. Survival
Provisions regarding intellectual property, limitation of liability, indemnification, and governing law shall survive any termination or expiration of these terms.
33. Language
In the event of any discrepancy between the english version of these terms and any translation, the english version shall prevail.
34. Non-disparagement
The user agrees not to make any false, defamatory, or disparaging statements regarding the company or the service in public forums.
35. User feedback
Any suggestions or feedback provided by the user to the company regarding the service shall be the sole property of the company, and may be used without compensation to the user.
36. Security vulnerabilities
Users are prohibited from attempting to probe, scan, or test the vulnerability of the service or breach any security measures.
37. Prohibited automation levels
Users may not use the service to generate "spam" or engage in deceptive practices that violate the "anti-spam" laws of any jurisdiction.
38. Subscription cancellation and auto-renewal
38.1. Right to cancel. You may cancel your subscription at any time via
your account settings dashboard or by providing written notice to the
company.
38.2. Effective date of cancellation. Cancellation requests are not
immediate in terms of service termination. If you cancel your
subscription, the cancellation will take effect only at the end of your
then-current paid billing cycle.
38.3. Continued access. Following your cancellation request, you will
continue to have full access to the service through the end of your
current billing period. On the day your next billing cycle would have
started, your access will be terminated (or reverted to a free tier, if
applicable), and you will not be charged again.
38.4. No prorated refunds. For the avoidance of doubt, you will not
receive a refund, credit, or exchange for any remaining days in your
current billing period after you have submitted a cancellation request.
39. Record keeping
The company may maintain logs of user activity for security, compliance, and billing purposes in accordance with its privacy policy.
40. Injunctive relief
The user acknowledges that a breach of proprietary rights may cause irreparable harm, entitling the company to seek injunctive relief in addition to monetary damages.
41. Entire agreement
These terms represent the final and complete understanding between the parties, superseding all previous oral or written communications.
42. Notices
Notices to the company must be sent to info.maromel@gmail.com. Notices to the user will be sent to the email associated with the account.
43. Statute of limitations
Any claim arising out of the service must be filed within one (1) year after the cause of action arose, or such claim is permanently barred.
44. Specific restrictions
The user shall not use the service to: (i) generate or distribute "deepfakes" or deceptive media; (ii) engage in systematic harvesting of data (scraping) that violates third-party robots.txt or terms; (iii) generate content that promotes self-harm, violence, or illegal acts; (iv) circumvent any safety filters or rate limits imposed by the company or its ai providers.
45. Ownership of output
Content ownership: subject to the user’s compliance with these terms, the
company hereby assigns to the user all its right, title, and interest in
and to the outputs generated and returned by the service based on the
user's input ("output").
Similarity of output: the user acknowledges that due to the nature of
machine learning, outputs may not be unique and the service may generate
the same or similar output for other users. the company retains no
liability for such similarities.
46. No guarantee of success
The company provides a tool for automation and content generation. the company does not guarantee any specific business outcomes, including but not limited to: increased traffic, follower growth, sales, or lead generation. the user is solely responsible for their marketing strategy and the effectiveness of the content generated.
47. Final confirmation
By clicking "i agree" or by using the service, the user confirms they have the legal authority and intent to be bound by all sections of these terms.