Terms of Service

Welcome to Smart Marker

These Terms of Service ("Terms") govern your use of Smart Marker's services, including our web application, browser extension, API, and related services (collectively, the "Service"). By using Smart Marker, you agree to be bound by these Terms.

Smart Marker is an AI-powered bookmarking and knowledge management platform that helps you save, organize, and rediscover web content through intelligent categorization and semantic search.

1. Acceptance of Terms

By accessing or using Smart Marker, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Service.

We may update these Terms from time to time. We will notify you of any material changes by posting the updated Terms on our website. Your continued use of the Service after such changes constitutes your acceptance of the updated Terms.

2. Account Registration

To use Smart Marker, you must create an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Keep your password secure and confidential
• Accept responsibility for all activities that occur under your account
• Notify us immediately of any unauthorized use of your account

You must be at least 13 years old to use Smart Marker. If you are under 18, you must have your parent or guardian's permission to use the Service.

3. Service Description

Free Plan

• Save up to 200 bookmarks per month
• Full-text search capabilities
• Browser extension and web app access
• AI-powered auto-tagging and categorization
• Data export functionality

Plus Plan ($9.99/month)

• Unlimited bookmarks
• AI semantic search
• Weekly AI-generated recaps and insights
• Reading recommendations
• API access (Token & Webhook)
• Advanced filters and AI topic clustering
• Priority support

Features may be modified, enhanced, or discontinued at our discretion. We will notify Plus subscribers of any significant changes that affect their subscription benefits.

4. Acceptable Use

You agree to use Smart Marker only for lawful purposes and in accordance with these Terms. You agree not to:

• Violate any applicable laws, regulations, or third-party rights
• Upload or share content that is illegal, harmful, threatening, abusive, or otherwise objectionable
• Attempt to gain unauthorized access to any part of the Service or related systems
• Use the Service to distribute spam or malware
• Reverse engineer, decompile, or disassemble any part of the Service
• Use automated systems or bots to access the Service in a manner that exceeds reasonable usage
• Resell or redistribute the Service without our express written consent

5. Content and Intellectual Property

Your Content

You retain ownership of all bookmarks, notes, and other content you save to Smart Marker ("Your Content"). By using the Service, you grant us a limited, non-exclusive license to process Your Content solely for the purpose of providing and improving our Service, including:

• Generating AI summaries and tags
• Enabling search functionality
• Creating weekly recaps and insights
• Providing reading recommendations

This license ends when you delete Your Content or terminate your account, except as required for backup and legal compliance purposes.

Our Content

The Smart Marker Service, including its design, features, and functionality, is owned by Smart Marker and is protected by intellectual property laws. You may not copy, modify, or create derivative works based on our Service without our written permission.

6. Payment Terms (Plus Subscription)

If you subscribe to Smart Marker Plus:

• You authorize us to charge the payment method on file $9.99 USD monthly
• Subscriptions automatically renew unless cancelled
• You can cancel at any time through your account settings
• No refunds for partial months, but you retain access until the end of your billing period
• We offer a 30-day money-back guarantee for first-time subscribers
• Prices may change with 30 days' notice to existing subscribers

7. Privacy and Data Security

Your privacy is important to us. Our Privacy Policy explains how we collect, use, and protect your information. By using Smart Marker, you consent to our data practices as described in the Privacy Policy.

Key points:

• We never sell or share your personal data or bookmarks
• You can export or delete your data at any time
• We use industry-standard security measures to protect your information
• AI processing is used solely to provide Service features you've enabled

8. Service Availability and Support

We strive to provide reliable service but cannot guarantee uninterrupted availability. The Service is provided "as is" and "as available." We may perform maintenance, updates, or experience technical issues that temporarily affect access.

Support is available via:

• Email: contact@smarkerapp.com
• Discord community
• Priority support for Plus subscribers

9. Termination

You may terminate your account at any time through your account settings. Upon termination:

• You can export your data before deletion
• Your data will be deleted within 30 days
• Plus subscriptions remain active until the end of the billing period

We reserve the right to suspend or terminate accounts that violate these Terms or engage in prohibited activities.

10. Disclaimers and Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SMART MARKER AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

IN NO EVENT SHALL OUR AGGREGATE LIABILITY EXCEED THE AMOUNT YOU PAID US IN THE TWELVE MONTHS PRECEDING THE CLAIM.

11. Indemnification

You agree to indemnify and hold harmless Smart Marker and its affiliates from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from your use of the Service, violation of these Terms, or infringement of any third-party rights.

12. Governing Law and Disputes

These Terms are governed by the laws of the United States and the State of Delaware, without regard to conflict of law principles. Any disputes shall be resolved through binding arbitration in accordance with the American Arbitration Association's rules.

You waive any right to a jury trial or to participate in a class action lawsuit. Disputes must be brought within one year of the event giving rise to the claim.

13. Changes to the Service

We continuously improve Smart Marker and may add, modify, or remove features at any time. We will notify Plus subscribers of significant changes that materially affect their subscription benefits.

14. Contact Information

If you have questions about these Terms, please contact us at:

Email: contact@smarkerapp.com
Discord: Join our community

15. Miscellaneous

• Entire Agreement: These Terms constitute the entire agreement between you and Smart Marker regarding the Service.
• Severability: If any provision of these Terms is found unenforceable, the remaining provisions will continue in effect.
• Waiver: Our failure to enforce any right or provision will not be considered a waiver of those rights.
• Assignment: You may not assign or transfer these Terms. We may assign our rights and obligations without restriction.