Terms and Conditions

Last updated: May 03, 2025

Please read these terms and conditions carefully before using our Service.

Interpretation and Definitions

Interpretation

The words with initial capital letters have meanings defined under the following conditions. These definitions shall apply regardless of whether the words appear in singular or plural.

Definitions

For the purposes of these Terms and Conditions:

• Affiliate means any entity that controls, is controlled by, or is under common control with a party, where "control" means ownership of 50% or more of the shares or voting securities.
• Country refers to: California, United States.
• Company (referred to as either "the Company", "We", "Us" or "Our") refers to Marly AI Inc, 8 The Green, Suite B, Dover, DE, 19901.
• Device means any device that can access the Service, such as a computer, mobile phone, or tablet.
• Service refers to the website, application, and platform operated by the Company, available at https://app.marly.ai.
• Terms and Conditions (also referred to as "Terms") mean this agreement between You and the Company governing your access to and use of the Service.
• Third-party Social Media Service means any content, services, or data provided by third parties that may be integrated with or accessed via the Service.
• You means the individual or legal entity accessing or using the Service.

Acknowledgment

By using our Service, you agree to be bound by these Terms. If you do not agree with any part, you may not access the Service. You also confirm you are at least 18 years old or the age of majority in your jurisdiction.

Your access to and use of the Service is also governed by our Privacy Policy, which outlines how we collect, use, and disclose your information.

Eligibility

To use the Service, you must not be barred under applicable law, and you represent that:

• You are not located in a U.S. embargoed country or designated as a "terrorist-supporting" country.
• You are not on any U.S. government list of prohibited or restricted parties.

Your Account

You may need to create an account to access some features. You agree to provide accurate information and to maintain its confidentiality. You are responsible for all activity under your account. We may suspend or terminate your account if we suspect unauthorized use or violation of these Terms.

By registering, you authorize us to retrieve personal and account-related data from third-party platforms (e.g., Gmail via Google OAuth) for legitimate purposes, including enhancing your experience on the Service.

Customer Content

If the Service allows you to upload or submit content ("Customer Content"), you retain ownership of your intellectual property but grant us a worldwide, non-exclusive, royalty-free license to host, use, modify, and display such content to operate and improve the Service. You warrant that your content does not infringe on others’ rights.

We reserve the right to review, modify, or remove Customer Content at our discretion.

Acceptable Use

You agree not to:

• Violate any applicable law or regulation.
• Infringe on intellectual property or privacy rights.
• Transmit harmful, defamatory, or harassing material.
• Use automated systems to extract data.
• Interfere with the integrity or performance of the Service.
• Impersonate others or misrepresent affiliations.
• Attempt to reverse-engineer or bypass security measures.

We reserve the right to investigate and take legal action against violations.

Payment Terms

Some parts of the Service may require payment. You agree to pay all fees disclosed when signing up for such features. We may use third-party payment processors, and your payment information is subject to their terms.

Third-Party Services and Links

The Service may link to third-party websites or integrate with external platforms. We do not control and are not responsible for their content, privacy practices, or availability. Use of such services is at your own risk and governed by the third party’s terms.

Intellectual Property

Aside from Customer Content, all content on the Service—including text, graphics, software, and branding—is the property of the Company or its licensors and protected by intellectual property laws. You may not duplicate or distribute any part without express written permission.

Termination

We reserve the right to terminate or suspend your access at any time, without prior notice, for any violation of these Terms or other reasons. Upon termination, you must cease using the Service, and any licenses granted to you will be revoked.

"AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided without warranties of any kind. We do not guarantee that the Service will be uninterrupted, secure, or error-free, or that any content is accurate or reliable.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

Limitation of Liability

To the maximum extent permitted by law, our liability is limited to the greater of $100 or the amount you paid us in the 12 months prior to the event giving rise to liability. We are not liable for indirect, incidental, or consequential damages.

Indemnification

You agree to indemnify and hold harmless the Company and its affiliates from any claims or damages arising from your use of the Service, your Customer Content, or your violation of these Terms.

Dispute Resolution

Before initiating formal legal proceedings, you agree to attempt to resolve any dispute with us informally by contacting support@marly.ai. If a resolution isn’t reached within 60 days, either party may initiate binding arbitration (except for qualifying claims in small claims court).

Arbitration Agreement

Except for small claims, any disputes arising from or relating to these Terms or your use of the Service shall be resolved through binding arbitration under the AAA Consumer Arbitration Rules. You waive the right to a jury trial or to participate in class actions. This section survives termination of these Terms.

Governing Law

These Terms are governed by the laws of the State of California, excluding conflict of law rules. You agree that any non-arbitrated disputes will be brought in courts located in California.

Severability and Waiver

If any provision is deemed invalid, the remaining provisions will remain in effect. Our failure to enforce a provision is not a waiver of our right to do so later.

Changes to These Terms and Conditions

We may update these Terms at any time. Material changes will be notified at least 30 days in advance. Continued use of the Service after changes take effect constitutes acceptance of the revised Terms.

Contact Us

If you have any questions, please contact us at:

• Email: team@marly.ai