01Acceptance of Terms
Using Markspot means you agree to this. If you're signing up for a company, you're saying you're allowed to.
By creating an account, accessing, or using Markspot at markspot.app (the "Service"), you agree to be bound by these Terms of Service ("Terms") and our Privacy Policy. If you do not agree to these Terms, do not use the Service.
If you are using Markspot on behalf of a company, organisation, or other entity, you represent and warrant that you have authority to bind that entity to these Terms, and references to "you" include that entity.
02The Markspot Service
We host shoppable image embeds. What you get depends on your plan, and the feature set can change.
Markspot is a platform that lets you create interactive shoppable image embeds — images annotated with product hotspots that visitors on third-party sites can click to explore product details and links. You publish your marks and embed them via a script tag on any site that accepts HTML.
The features available to you depend on your subscription tier. See the Pricing page for the current feature matrix. We reserve the right to modify, add, or remove features at any time; material removals will be communicated in advance.
We aim for high availability but do not guarantee uninterrupted access. Scheduled maintenance windows will be communicated where reasonably practical.
03Your Account
Keep your details accurate and your password private. Accounts live inside organisations, and the Owner carries the bill.
You must provide accurate information when registering and keep it up to date. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. Notify us immediately at our contact page if you suspect unauthorised access.
Accounts are organised into organisations. Each organisation has an Owner, and may have additional Admins, Editors, and Viewers. The Owner is responsible for the organisation's subscription, billing, and compliance with these Terms. Role permissions are described in the in-app settings.
You may not share, sell, or transfer your account credentials to another party.
04Plans, Billing & Cancellation
Free is free in exchange for the watermark. Paid plans renew until you cancel, and cancelling takes effect at the end of the period you've already paid for.
The Free plan is available at no charge and includes a limited number of cloud-stored shoppable images, one of which may be published at a time. Free-tier embeds display a "Made with Markspot" watermark, which is a condition of using the Free plan: displaying it is what the Free plan is offered in exchange for. Interfering with it is a material breach of these Terms — see Acceptable Use. Upgrading to any paid plan removes the watermark automatically.
Paid plans (Creator, Studio, Enterprise) are billed on a recurring basis (monthly or annually) via Stripe. Prices are stated on the Pricing page and are in US dollars, exclusive of any applicable taxes. By subscribing you authorise us to charge your payment method on each renewal date.
Plan upgrades take effect immediately; the billing cycle is adjusted on a pro-rata basis. Downgrades take effect at the end of your current billing cycle. You retain access to paid features until the end of that cycle.
You may cancel your subscription at any time through the in-app billing portal. Cancellation takes effect at the end of the current billing period. No partial refunds are issued for unused time, except where required by applicable law.
If a payment fails, your organisation will be paused. Paused organisations retain their data but lose access to paid features. You will receive email notices at each stage.
You are responsible for any taxes applicable to your purchase under the laws of your jurisdiction. Where required by law, we will add taxes to your invoice.
05Your Content
You own it. We get only the licence we need to serve it — and it goes away when you delete it.
You retain full ownership of all images, product data, text, and other materials you upload to Markspot ("Your Content"). By uploading content, you grant Markspot a worldwide, non-exclusive, royalty-free licence to host, store, reproduce, and display Your Content solely as necessary to operate the Service — including rendering your published embeds to visitors on third-party sites.
You represent and warrant that: (a) you own Your Content or have all necessary rights to grant the licence above; (b) Your Content does not infringe any third-party intellectual property rights; and (c) Your Content complies with these Terms and all applicable laws.
When you delete an image it moves to a trash you can restore it from for 30 days, after which it is permanently removed from our servers. When you delete your account, removal is immediate and irreversible. Our Privacy Policy describes both in full. Published embeds associated with a deleted image will return an appropriate not-found response.
06Acceptable Use
Don't break the law, the limits, or the embed. The two marked in orange are the ones we enforce most often.
You agree not to use Markspot to:
- Upload, publish, or link to content that is unlawful, defamatory, obscene, fraudulent, or infringes a third party's intellectual property rights.
- Circumvent, disable, or interfere with security-related features of the Service.
- Attempt to exceed or bypass subscription plan limits or rate limits by any means.
- Remove, hide, obscure, alter, or otherwise interfere with the "Made with Markspot" watermark displayed on Free-tier embeds, or with the reporting that verifies it is being displayed.
- Modify, reverse-engineer, self-host, proxy, or reimplement the Markspot embed script, or render embed content other than by loading our embed script from our servers as documented — including retrieving embed configuration or image assets and displaying them by your own means.
- Scrape, crawl, or systematically access the Service in a way that could damage or overload our infrastructure.
- Impersonate another person or entity, or misrepresent your affiliation with any person or entity.
- Use the Service to distribute spam, malware, or other harmful code.
- Use automated scripts or bots to create accounts or publish content at scale.
Violation of this section may result in immediate suspension or termination of your account, at our sole discretion.
07Intellectual Property
Our brand and software stay ours. Ideas you send us, we can use freely.
Markspot's name, logo, software, design, and documentation are owned by or licensed to us and protected by applicable intellectual property laws. Nothing in these Terms grants you any right to use our trademarks, logos, or other proprietary marks without our prior written permission.
If you provide feedback, suggestions, or ideas about the Service ("Feedback"), you grant us an irrevocable, royalty-free licence to use that Feedback in any way, including to improve the product, without any obligation to compensate you.
08Termination
You can leave whenever — permanently. We can end an account for serious breach, usually after giving you a chance to fix it.
You may delete your account and organisation at any time from your profile settings. Deletion is irreversible and initiates permanent removal of your data in accordance with our Privacy Policy.
We may suspend or terminate your account, with or without notice, if: (a) you materially breach these Terms; (b) we are required to do so by law; (c) continued access creates legal or security risk for us or other users. For non-material breaches, we will provide notice and a reasonable opportunity to remedy the breach where practical.
Upon termination, your right to use the Service ceases immediately. Provisions that by their nature should survive termination (including Sections 5, 7, 9, 10, and 12) will continue to apply.
09Disclaimers
The Service is provided as-is, with no warranties of any kind.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
We do not warrant that the Service will be uninterrupted, error-free, or free of viruses or other harmful components. We do not warrant that the results of using the Service will meet your requirements.
10Limitation of Liability
If something goes wrong, what we owe is capped at what you paid us in the last 12 months — or $100, whichever is greater.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MARKSPOT, ITS AFFILIATES, OFFICERS, EMPLOYEES, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) USD $100.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for consequential or incidental damages, so the above limitations may not apply to you in full.
11Changes to these Terms
We'll tell you at least 14 days before anything material changes. Staying means accepting.
We may update these Terms from time to time. When we make material changes, we will update the "Last updated" date at the top of this page and notify active account holders in-app or by email at least 14 days before the changes take effect. Your continued use of Markspot after the effective date of any update constitutes acceptance of the revised Terms.
If you disagree with a change, you may cancel your subscription and stop using the Service before the change takes effect.
12Contact
Questions go through the contact page. Legal notices, same place — mark the subject "Legal Notice".
Questions about these Terms? Reach us via the contact page. For legal notices, please use the contact form and mark the subject "Legal Notice".