Legal

Terms of Service

Effective Date: August 7, 2025

Welcome to AgentMark, a product of Cactivate, Inc. These Terms of Service ("Terms") govern your access to and use of the AgentMark platform, website (https://agentmark.ai), and associated services (collectively, the "Service").

By using the Service, you agree to be bound by these Terms.

1. Who We Are

AgentMark is operated by Cactivate, Inc., a Delaware corporation with offices at 10 Fan Pier Blvd, Boston, MA 02210. AgentMark provides AI-powered automation tools to streamline and scale media buying operations for marketing teams.

2. Eligibility

You must be at least 18 years old and capable of entering a binding agreement. By using the Service, you represent and warrant that you meet these requirements.

3. Account Registration

To access most features, you must create an account. You agree to provide accurate information and keep it updated. You are responsible for safeguarding your login credentials.

4. Paid Plans, Free Trials, and Billing

  • Free Trials: May be offered at our discretion.
  • Paid Plans: Billed according to selected tier. All payments are non-refundable.
  • Stripe is our payment processor.
  • Cancellations: You may cancel at any time. Access continues through the billing period.

5. User Content and Uploaded Data

You may upload or connect content (e.g., ad data, reports) through the platform. You retain ownership, but grant us a license to use that content solely to operate the Service.

You are solely responsible for reviewing all AI-generated outputs before use or publication.

6. Use of AI and LLMs

AgentMark leverages third-party LLMs (e.g., OpenAI, Claude, Gemini) to automate campaign workflows. Outputs may include recommendations, reports, copy, or other assets.

You acknowledge that:

  • LLM outputs may be inaccurate or inappropriate.
  • You must review and vet any content before publishing.
  • We disclaim liability for any damages caused by reliance on AI-generated results.

7. Acceptable Use

You agree not to:

  • Use the Service for unlawful or harmful purposes;
  • Upload viruses or malicious code;
  • Reverse-engineer or scrape our platform;
  • Misuse APIs or connected services (Meta, Google, TikTok, Bing).

We reserve the right to suspend or terminate access for violations.

8. Data and Privacy

Please refer to our Privacy Policy for how we handle data. By using the Service, you consent to data practices outlined there.

9. Ownership and IP

All software, branding, and content provided by AgentMark is owned by Cactivate, Inc. or licensed to us. You may not copy, modify, or use our IP without permission.

10. Disclaimer of Warranties

The Service is provided "as is" and "as available." We make no warranties regarding:

  • Accuracy or reliability of outputs;
  • Uptime or uninterrupted access;
  • Merchantability or fitness for a particular purpose.

Use at your own risk.

11. Limitation of Liability

To the fullest extent permitted by law, Cactivate, Inc. will not be liable for:

  • Indirect, incidental, or consequential damages;
  • Data loss, business interruption, or reputational harm;
  • Errors in AI-generated content.

Our total liability is limited to the amount you paid in the prior 3 months.

12. Governing Law and Dispute Resolution

These Terms are governed by the laws of Delaware, USA. Any dispute will be resolved through binding arbitration in Boston, MA, except claims that qualify for small claims court.

13. Changes to Terms

We may update these Terms occasionally. Continued use after updates constitutes acceptance.

14. Contact Us

Cactivate, Inc.
10 Fan Pier Blvd
Boston, MA 02210
legal@agentmark.ai