Terms of Use | Mark AI

The “MARK AI” platform (the “Platform”) is published by MARK AI, a French simplified joint-stock company (société par actions simplifiée) with a share capital of EUR 12,776.90, registered with the Créteil Trade and Companies Register under number 887 933 190, having its registered office at 28 avenue des Pépinières, 94260 Fresnes, France (“MARK AI”).

These Terms of Use define the rights and obligations of users (the “User(s)”) when using the Platform. The Users concerned are solely the Users of the company that has entered into an agreement with MARK AI (the “Agreement”) in order to use the Platform and to make it available to its Users (the “Customer”). A User must be an authorised member of the Customer’s staff. Capitalised terms not defined in these Terms of Use have the meaning given to them in the Agreement.

These Terms of Use also set out the considerations and specific features associated with the use of an artificial intelligence tool as at the date on which they are entered into.

In the event of a breach of the obligations arising from the acceptance and signature of these Terms of Use, MARK AI reserves the right to suspend access to the Platform without notice and to take any measures, including civil and criminal proceedings.

To use the Platform, every individual User must first create a personal account (the “Account”) and accept these Terms of Use at the time of registration.

The User accepts and undertakes to comply with these Terms of Use; failing which, the User acknowledges that they will not be able to access the services of the Platform.

The User may use the Platform only in the course of their work for the Customer. Any use outside that scope is expressly prohibited.

ARTICLE 1. DESCRIPTION OF THE PLATFORM

1.1. Platform features. The Platform is an artificial-intelligence-based content creation, management and optimisation platform.

The Platform supports the User in their content creation and digital marketing activities (the content so produced being referred to as “Generated Content”). It is designed to offer, in particular, the following features:

AI-assisted drafting of Generated Content, designed to follow the User’s brand writing rules, tone and style;
drafting of Generated Content from context provided by the User or extracted from relevant sources;
searching for context and sources in the User’s knowledge base and on the web;
tracking of search engine optimisation (SEO) and generative engine optimisation (GEO);
creation of automated workflows, in particular for designing Generated Content campaigns;
collaboration within workspaces (comments, approval, review, task assignment, etc.);
content suggestions and optimisation recommendations;
integrations with third-party platforms for analysing or publishing content (scheduled or immediate);
translation of content using a custom glossary.

This list of features is not exhaustive and may evolve.

1.2. Access to the Platform. To use the Platform, the User must:

have a computer, smartphone and/or tablet connected to the internet;
access the Platform;
have an internet connection; and
create an Account in accordance with the procedure set out below.

The User must have full legal capacity to use the Platform and in particular must:

be an authorised member of the Customer’s staff;
not register for or use the Platform for the purpose of competing with MARK AI fraudulently and/or in a manner that harms MARK AI’s interests;
be in full possession of their intellectual and cognitive faculties and, in particular, not be in a state of dependency or subject to guardianship, conservatorship or any similar protective measure.

MARK AI shall not be liable in the event of registration and use of the Platform by persons who do not meet the conditions set out in this Article.

1.3. Licence to use the Platform. MARK AI grants the User a personal, non-exclusive, non-assignable and non-transferable right to use the Platform, worldwide, for the duration of the access period agreed between MARK AI and the Customer.

The User may use the Platform only within the strict limits of the rights granted under the agreement entered into between MARK AI and the Customer and under these Terms of Use, and solely for their professional needs, to the exclusion of any other purpose.

The right of use means the right to access the Platform in accordance with its intended purpose, on a SaaS basis through a connection to an electronic communications network, to the exclusion of any other use.

The User may not under any circumstances make the Platform available to any third party who is not a User, including by granting a sub-licence to use the Platform, without MARK AI’s express prior written consent.

Any other use of the Platform, its components and their elements is expressly excluded from the scope of this licence and may not be carried out without MARK AI’s express prior written authorisation.

ARTICLE 2. USER ACCOUNT

2.1. Account creation. To use the Platform, the User is invited to create an Account.

Creating an Account requires the Customer to provide a professional email address associated with the Customer, together with a password.

To validate the registration, MARK AI sends the User a confirmation email to the email address provided by the User.

The User activates their Account by clicking on the hyperlink contained in that confirmation email.

The User’s data provided to MARK AI is accessible to the User at any time from their Account, by going to the Account home page and then to the “My Information” tab.

Only the User has access to their Account.

2.2. Information provided. MARK AI reserves the right to verify that the information and documents provided in order to obtain access to the Platform are compliant.

Each User warrants that the data and documents provided are truthful, accurate, consistent with reality and in no way misleading. The User undertakes to provide a valid email address and telephone number and confirms that they are the sole holder of those details.

The User undertakes to provide true, accurate, up-to-date and complete information, in particular regarding their identity, in accordance with applicable law, including Article 6-II of French Law No. 2004-575 of 21 June 2004 on confidence in the digital economy (the “LCEN”). Accordingly, the User undertakes not to create a false identity likely to mislead MARK AI or third parties, and not to impersonate any other legal entity or individual.

The User also undertakes not to provide information that could infringe the rights of third parties (including the use of a surname, a pseudonym, a trademark registered by a third party or works protected by intellectual property law) and/or public decency.

The User is responsible for communicating any change to their personal information. To do so, the User must go to their Account and update their data.

As MARK AI has no control over the accuracy or reliability of the information provided by the User, it cannot under any circumstances be held liable for the consequences of the provision of incomplete or incorrect information.

Should the User provide false, inaccurate, erroneous, outdated, incomplete, deceptive or misleading information, MARK AI reserves the right to refuse access to the Platform to any User who does not comply with the above conditions. Furthermore, MARK AI shall not under any circumstances be held liable for any non-performance and/or partial performance of the Platform resulting from the provision of such information.

2.3. Account security. MARK AI implements security measures to protect the Account.

If the User suspects fraudulent use of their Account, they must notify MARK AI as soon as possible at the following address: contact@markcopy.ai, so that MARK AI can take all measures to remedy the situation.

MARK AI shall not be liable for any impersonation and/or fraudulent use of an Account resulting from unauthorised, fraudulent or abusive use, or from voluntary or involuntary disclosure by the User to a third party who has accessed the Platform using the User’s credentials. The User remains solely responsible for any use that may be made of their Account by a third party who has accessed the Platform using the User’s credentials.

In the event of a breach of these Terms of Use by the User, MARK AI may freely refuse to open an Account for the User concerned.

2.4. Account deactivation. The Account remains active as long as neither the User nor the Customer deactivates it and the User complies with these provisions.

However, any User Account that has been completely inactive for three (3) consecutive years will, subject to applicable legal or regulatory provisions, be archived by MARK AI and will no longer be available on the Platform.

The User or the Customer may deactivate and/or delete an Account at any time, without giving reasons.

Deletion of an Account is final; the Account is deleted irreversibly, and the personal data linked to it is automatically deleted and cannot be recovered. However, certain data created by the User that has been shared with other Users and with the Customer will remain accessible.

Deletion of an Account does not prevent a User from registering again and creating a new Account.

2.5. Account suspension in the event of a breach. In the event of a breach of the obligations arising from these Terms of Use, MARK AI reserves the right to suspend access to the Platform without notice.

MARK AI shall inform the Customer by email of the suspension of a User’s Account. Depending on the nature of the User’s breach of the obligations arising from these Terms of Use, the Customer’s access to the Platform may be suspended in accordance with the contractual provisions signed by the Customer with MARK AI. The Customer is fully responsible for the use of the Platform by its Users.

In the event of fraud, the fraudulent Account will be immediately suspended or terminated at MARK AI’s sole discretion. MARK AI will submit any information concerning the fraudulent Account, where necessary, to the local authorities and/or financial institutions.

It is expressly agreed that, in the event of suspension or closure of the Account, the User will no longer have access to the Platform, unless a new Account is created.

Where MARK AI lifts the suspension or closure of the Account, it shall reinstate the User without undue delay, including by restoring access to the data arising from the use of the Account before the suspension or closure took effect.

ARTICLE 3. USER’S RESPONSIBILITY

3.1. User’s responsibility regarding the use of artificial intelligence. The User expressly acknowledges and agrees that the Platform relies on artificial intelligence (“AI”) technologies, including without limitation large-scale models, to process, analyse and generate Generated Content. AI technologies are inherently probabilistic and depend on the data on which they were trained. Although MARK AI develops and strives to use state-of-the-art AI technologies and to update them regularly, the User understands that AI-generated Generated Content and decisions may be unpredictable and carry a risk of error, inaccuracy or unsuitability. The Platform is in no way a substitute for professional, legal, medical or financial advice.

The User acknowledges that all AI-generated Generated Content and analysis provided by the Platform must be used as a decision-support tool and not as a definitive solution or answer. MARK AI makes no representation and gives no warranty of any kind as to the accuracy, reliability, relevance or completeness of any AI-generated content or decision. MARK AI shall not be liable for any action taken by the User or any third party on the basis of such AI-generated content or analysis, or for any resulting consequences.

The User is solely responsible for reviewing and assessing the Generated Content and the AI-generated decisions in light of their intended use, and must not rely exclusively on AI technologies to make business, strategic, technical, legal, financial or other decisions, or to act or refrain from acting, without first obtaining, where appropriate, additional human professional advice or confirmation. The User remains solely responsible for the Generated Content they publish or distribute.

3.2. Generated Content. Given the way artificial intelligence models operate, MARK AI cannot guarantee that the Generated Content is free of similarities with existing content that could infringe the rights of third parties. As stated in Article 3.1 above, the User is solely responsible for reviewing and assessing the AI-generated content and decisions in light of their intended use. The User may not act or refrain from acting without first obtaining additional human professional advice and/or review, or confirmation.

Accordingly, the User remains solely responsible for ensuring, before any use, that the Generated Content does not contain any reproduction, echo or resemblance likely to infringe the rights of third parties for which no authorisation has been obtained, and that it will not infringe copyright or intellectual property rights, privacy or image rights, contractual rights, or any other right of a third party of any kind.

In this respect, the User is solely responsible for the Generated Content published and, accordingly:

the User expressly undertakes, on pain of civil or criminal liability, to ensure that the Generated Content they publish does not, in particular:
- wrongfully disparage MARK AI or third parties;
- run contrary to public policy or public decency;
- be insulting, defamatory, racist, xenophobic or revisionist, or damage the honour or reputation of others;
- incite discrimination or hatred against a person or group of persons on the grounds of their origin or their membership or non-membership of a particular ethnic group, nation, race or religion;
- threaten a person or group of persons;
- constitute child sexual abuse material or otherwise sexualise minors;
- incite the commission of an offence, a crime or an act of terrorism, or glorify war crimes or crimes against humanity;
- incite suicide;
- enable third parties to obtain, directly or indirectly, pirated software, software serial numbers, software enabling hacking or intrusion into computer and telecommunications systems, viruses and other logic bombs and, more generally, any software or other tool enabling the rights of others or the safety of persons and property to be harmed;
the User undertakes not to use the Platform in any unlawful manner, for any unlawful purpose or in any manner inconsistent with these Terms of Use;
the User undertakes not to decompile, reverse engineer, disassemble, modify or display in human-readable form, or attempt to discover any source code of, or use any software enabling or comprising, all or part of the Platform;
the User undertakes not to attempt to gain unauthorised access to the Platform’s computer system or to engage in any activity that disrupts, degrades the quality of, interferes with the performance of, or impairs the functionality of the Platform;
the User undertakes not to infringe MARK AI’s intellectual property rights;
the User undertakes not to attempt to compromise the automated data processing systems operated on the Platform, within the meaning of Articles 323-1 et seq. of the French Criminal Code or any equivalent applicable computer misuse legislation;
the User undertakes not to modify the information published online by MARK AI;
the User undertakes not to distribute data that has the effect of reducing, disrupting, slowing down or interrupting the normal operation of the Platform;
the User undertakes not to submit to the Platform:
- special categories of personal data within the meaning of Article 9 of the GDPR (health data, biometric data, political opinions, religious beliefs, etc.);
- judicial data or data relating to criminal offences;
- trade secrets belonging to third parties;
- information subject to specific sector regulations (banking, medical, defence) without a prior risk assessment;
- authentication data (passwords, payment card numbers, etc.).

ARTICLE 4. INTELLECTUAL PROPERTY

4.1. Ownership of the Platform. MARK AI is and remains the owner of the intellectual property rights in the Platform. These Terms of Use do not transfer any intellectual property rights to the User.

The User has a personal, non-exclusive and non-assignable right to use the features of the Platform remotely, limited to the access period agreed between the Customer and MARK AI.

In particular, the User is expressly prohibited from:

reproducing or displaying the Platform in any form, or altering or concealing in any way the trademarks, distinctive signs or copyright notices appearing on the Platform;
intervening on the Platform in any way and for any reason, including to correct errors, as corrective and evolutionary maintenance is carried out by MARK AI;
modifying or attempting to circumvent any protection mechanism of the Platform.

Likewise, the trademarks, logos, graphics and animations contained in the Platform are the exclusive intellectual property of MARK AI.

4.2. Ownership of system licences and other components. All system licences, databases, hardware and storage, backup and security products are the property of MARK AI (or its partners).

4.3. Ownership of Customer Data

4.3.1. General provisions. The User remains the owner of all Customer Data and information provided, and of such data as processed by MARK AI, within the limits set out below. MARK AI undertakes not to use the User’s Customer Data for the purposes of learning, training, reuse, testing, development or improvement of its own AI algorithms or models and/or those of any third party.

The User shall indemnify and hold MARK AI harmless against any claim, action or proceeding brought by any third party asserting rights over the Customer Data published by the User. The User undertakes to bear all consequences, including financial consequences, that may result from such a claim, including legal costs and attorneys’ fees.

4.3.2. Ownership of Customer Materials and Prompts. The Customer Materials provided by the User, the knowledge bases and the editorial guidelines remain the exclusive property of the User or the Customer. The User grants MARK AI a non-exclusive, non-transferable and non-assignable right to use the Customer Materials solely for the purpose of providing the Services to the User. MARK AI shall not use or disclose such data outside that scope.

The User also warrants that the Customer Materials provided to MARK AI belong to them or that they hold the rights necessary for their use within the Platform.

The User acknowledges that MARK AI exercises no control over the Customer Materials or the Prompts provided by the User while using the Platform. Accordingly, the User expressly accepts and acknowledges that they are solely responsible for their use of the Platform, and in particular for the choice of Prompts and of the files and documents used, for the collection of the Customer Materials, for the resulting generation of Generated Content and, where applicable, for the export of the Customer Materials and the publication of the Generated Content.

4.3.3. Ownership of Agents. The Agents configured on the Platform for the User, whether by MARK AI or by the Customer itself, are the property of the Customer or, where applicable, the User, for the term of the Agreement. These configured Agents rely on the Platform’s own technical infrastructure and cannot be transferred or exported outside the Platform, as specified in Article 16.2 of the Agreement. MARK AI may not use or reproduce a User’s Agents for the benefit of another customer or a third party. Standard Agents offered by MARK AI without configuration remain the exclusive property of MARK AI.

MARK AI warrants that the elements it has directly created when configuring the Agents, namely the instructions, templates and architecture of the Agents, do not, to its knowledge and as at the date of their creation, incorporate content that infringes the intellectual property rights of third parties. This warranty does not extend to Generated Content produced by the artificial intelligence models, to the training or intrinsic operation of those models, or to content originating from third-party services that feed the context of the Agents, including web search features, indexing of external sources or any other third-party integration.

4.3.4. Ownership of Generated Content. To the extent permitted by applicable law, the Customer or, where applicable, the User is and remains the owner of the intellectual property rights in the Generated Content produced by the Agents within the Platform. MARK AI acquires no intellectual property rights in the Generated Content and assigns to the Customer or, where applicable, the User, to the extent it holds any, all rights, title and interest it may have in the Generated Content.

The User warrants that any third-party intellectual property included in the Customer Materials or Prompts provided to the Agents is used with the necessary authorisations. MARK AI shall not be liable for intellectual property claims arising from the elements provided by the User for the generation of Generated Content.

The Customer and/or the User shall indemnify and hold MARK AI harmless against any claim, action or proceeding brought by any third party asserting rights over the Generated Content generated and published by the User. The Customer and/or the User undertake to bear all consequences, including financial consequences, that may result from such a claim, including legal costs and attorneys’ fees.

ARTICLE 5. GOVERNING LAW AND JURISDICTION

These Terms of Use are governed by French law. Any dispute arising in connection with the formation, performance or interpretation of these Terms of Use shall be subject to the exclusive jurisdiction of the competent courts of Paris, France, including for interim and emergency proceedings, notwithstanding any plurality of defendants or third-party claims.