Terms of Service

These Terms of Service ("Terms") constitute a legally binding agreement between mktskills.ai ("Company," "we," "us," "our") and the entity or individual ("Customer," "you," "your") accessing or using the mktskills.ai platform ("Platform"). By creating an account or using the Platform, you accept these Terms. If accepting on behalf of an organization, you warrant you have authority to bind that organization.

Document hierarchy: Where a signed order form or Data Processing Agreement (DPA) exists, conflicts are resolved: (1) DPA for privacy, (2) order form for commercial terms, (3) these Terms for all other matters.

1. Definitions

• "Customer Data" — all data submitted by or for Customer to the Platform, including advertising campaign data, reports, and outputs generated for Customer.
• "Connected Platform" — a third-party advertising or analytics service (e.g., Google Ads, Meta Ads, GA4) authorized to connect to the Platform.
• "Advertiser" — a third-party advertiser client whose accounts are managed by Customer and connected to the Platform.
• "Skill" — a packaged AI-assisted analysis or reporting capability.

2. Platform Description

mktskills.ai is a B2B AI command center for marketing agencies. It provides read-only access to Connected Platforms, executes AI-assisted Skills, and presents insights to authorized users. With respect to advertising campaign data, the Platform acts as a data processor on behalf of the Customer. With respect to Customer's user identity data, the Platform acts as a data controller.

3. Accounts and Organizations

Customers register as an Organization. Each Organization may have Users with roles (Admin, Analyst, Viewer). You are responsible for the confidentiality of your credentials and all activity under your account. The Platform is for business use only (18+, legitimate commercial entity).

4. Platform Access and License

We grant a limited, non-exclusive, non-transferable license to access the Platform for your internal business purposes. The Platform operates in a read-only capacity toward Connected Platforms. Any future write capabilities require separate, explicit authorization. You agree not to attempt to circumvent isolation controls, submit malicious/adversarial AI inputs, or use outputs for regulated decisions without independent expert review. Beta features are provided as-is with no performance commitments.

5. Connected Platforms and OAuth Credentials

By connecting an advertising account, you grant a limited license to use OAuth tokens solely for data retrieval and feature delivery. We will not sell, transfer, or share these tokens or the data obtained through them with third parties — except to approved subprocessors acting strictly to deliver the Platform's services. We will not use Connected Platform data to train AI models. The Platform requests only minimum-required scopes. OAuth tokens are stored encrypted at rest (AES-256) and in transit (TLS 1.3). The AI agent sandbox receives only short-lived session tokens — never raw OAuth credentials. All tokens are revoked upon account termination.

6. Agency-to-Client Authorization

By connecting an Advertiser's account, you warrant that you are authorized by that Advertiser, or have obtained their explicit informed consent to connect their advertising data to a third-party AI platform. You will maintain this authorization throughout your use and comply with all platform-specific downstream restrictions. mktskills.ai has no direct relationship with Advertisers — you are solely responsible for authorization, required notices, and consents. You agree to indemnify us against any Advertiser claims arising from unauthorized data processing.

7. AI Processing and Output Disclaimer

By using the Platform, you authorize us to route your requests to one or more AI inference providers. The current provider list is disclosed in our Data Processing Agreement (DPA) and available upon written request to privacy@mktskills.ai. Customers receive at least 15 days' notice before any new provider that processes personal data is activated. We contractually require all AI providers to prohibit using your data for model training; we will not use providers that cannot make this commitment contractually.

AI outputs are probabilistic and may contain errors. You are solely responsible for decisions made based on Platform outputs. The Platform is designed for human review before action — you agree to validate all outputs before client-facing use. We are not liable for outputs degraded by adversarial content in your Connected Platform data. Shared report links: we are not liable for unauthorized access from links you distribute, except where the breach results from our own link-generation flaw.

8. Data Handling and Multi-Tenancy

Each client workspace is logically isolated at the database level — enforced in software, not policy. Audit logs (agent actions, data access, skill runs) are maintained append-only for a minimum of 3 years and may be subject to legal discovery. AI prompts/outputs may be logged for security monitoring, debugging, and abuse prevention — not for model training. Data residency options (US, EU, LatAm) depend on subscription tier.

9. Security Incidents

In the event of a confirmed security incident affecting Customer Data, we will notify you without undue delay (and within 72 hours where feasible), describe the nature and scope of the incident, and cooperate with your incident response. You are responsible for security incidents caused by your own users.

10. Third-Party Service Dependencies

We are not liable for service degradation caused by Connected Platforms or AI providers, changes in their API policies, or suspension of our API access. Such events may constitute Force Majeure.

11. Suspension

We may suspend access where your use poses a security risk, would violate law or a third-party platform's terms, involves abuse of AI systems, or where a Connected Platform revokes our API access in relation to your account. We will provide reasonable advance notice where lawful and practicable.

12. Fees and Payment

Fees are as specified in your order form or current pricing page (USD unless otherwise agreed), billed in advance. Payment due within 30 days of invoice. Overdue accounts may be suspended after written notice. Fees are exclusive of applicable taxes. Prepaid fees are non-refundable except as required by law, as expressly stated in your order form, or upon our material failure to deliver.

13. Confidentiality

Customer Data is treated as Customer's Confidential Information. Each party keeps the other's confidential information strictly confidential, uses it only to exercise rights under these Terms, and limits disclosure to personnel bound by equivalent obligations. Compelled disclosures require prompt advance notice and cooperation with protective orders where permitted. Confidentiality obligations survive termination for three (3) years; trade secrets are protected indefinitely.

14. Intellectual Property

All rights in the Platform remain with mktskills.ai. You retain all rights to Customer Data. You retain all rights to reports and outputs generated by the Platform from your data. You grant us a limited license to process Customer Data solely to provide the Platform's services.

15. Export Controls and Sanctions

You represent you are not located in or subject to a comprehensively sanctioned country and are not listed on any U.S. government restricted-party list. You will comply with all applicable export control and sanctions laws.

16. Warranties and Disclaimers

We warrant the Platform will perform materially per its documentation under normal use and that we will maintain commercially reasonable security. EXCEPT AS STATED, THE PLATFORM IS PROVIDED "AS IS." WE DISCLAIM ALL IMPLIED WARRANTIES INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

17. Indemnification

By Customer: You indemnify us against third-party claims arising from your breach of these Terms, your violation of law or third-party rights, Advertiser claims for unauthorized processing, or your misuse of AI outputs.

By mktskills.ai: We defend you against third-party claims that the Platform itself (excluding Customer Data or AI outputs) infringes third-party intellectual property, and indemnify you for resulting damages. This does not apply to claims arising from your modification, combination, or continued use after notice to discontinue. Standard indemnification procedure (prompt notice, sole control of defense, cooperation) applies.

18. Limitation of Liability

NEITHER PARTY IS LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES INCLUDING LOST PROFITS, LOSS OF DATA, OR BUSINESS INTERRUPTION. Each party's aggregate liability is capped at fees paid in the prior 12 months. For claims arising from our breach of confidentiality or a security incident caused by our failure to maintain reasonable security measures, our liability cap is 2× the prior 12 months' fees. Exceptions: death/personal injury from negligence; fraud; gross negligence or willful misconduct; privacy/data protection law violations; indemnification obligations; and liabilities that cannot be excluded by law.

19. Term and Termination

Either party may terminate for convenience at the end of a subscription period, or immediately for material uncured breach (30-day cure period). Upon termination: Platform access ceases; OAuth tokens revoked; Customer Data deleted within 30 days (except audit logs, legal holds); upon written request within 15 days, we provide a one-time data export. Surviving sections: Definitions, Warranties, Indemnification, Liability, Confidentiality, IP, Export Controls, Governing Law, and accrued payment obligations.

20. Governing Law and Disputes

Governed by the laws of Delaware, USA. Exclusive jurisdiction of Delaware state and federal courts. Jury trial waived. Parties commit to 30-day good-faith negotiation before formal proceedings. Governing law and jurisdiction may be negotiated for enterprise customers in an order form.

21. Changes to Terms

We may modify these Terms with 30 days' written notice. Continued use constitutes acceptance. Material adverse changes require affirmative consent.

22. General

These Terms (plus any order form and DPA) constitute the entire agreement. No third-party beneficiaries (Advertisers have no rights under this agreement). Assignment requires our consent except in M&A. Force majeure for events beyond reasonable control.