Terms of Service

1. About these terms

These terms are between you and Marks AI Ltd, a private limited company registered in Scotland, United Kingdom (company number SC889184), registered office 5 South Charlotte Street, Edinburgh, EH2 4AN. In these terms, "Marks AI" means Marks AI Ltd.

By using marksai.co.uk, by entering into a written agreement with Marks AI Ltd, or by using any platform, dashboard, or automation we operate on a client's behalf, you agree to these terms.

2. The services we provide

Marks AI delivers, on a per-client basis under written agreement, some combination of the following:

• Web design, development, and hosting (typically on Cloudflare Pages with content managed in a CMS we run on the client's behalf).
• Audit and quality-assurance work for existing websites and digital properties.
• Automation, integrations, and small bespoke applications.
• Messaging and inbox tooling, including WhatsApp Business (Cloud API) operation, web chat widgets, email triage, and AI-assisted draft replies.
• Measurement and analytics (PostHog, GA4 where the client requires it).
• Fractional technical leadership and operational support.

The exact scope of each engagement, and the price, are set out in the engagement letter or order form signed by the client. These terms supplement that document; if there is any conflict, the engagement letter governs.

3. Use of marksai.co.uk

marksai.co.uk is provided as an information site. You may read, share, and link to its pages freely. You may not:

• Attempt to gain unauthorised access to any system reachable from the domain.
• Use automated tools to scrape, mirror, or republish the site at scale without our written permission.
• Use the site to send abusive, unlawful, or misleading content (for example via the contact form).

4. WhatsApp messaging and the Cloud API

Marks AI operates WhatsApp Business numbers on behalf of its clients via the Meta WhatsApp Cloud API. When you message a Marks AI client on WhatsApp:

• Your message reaches the client's business inbox, which Marks AI may operate on the client's behalf as a data processor.
• Marks AI may use AI tooling (for example to draft a reply for a human to review, or to pull a relevant answer from the client's knowledge base) before any reply is sent.
• You can opt out of further messages from a Marks AI-operated business number at any time by replying with the word "STOP", "UNSUBSCRIBE", or "OPT OUT".
• How your WhatsApp data is handled, retained, and deleted is set out in our Privacy Policy and our Data Deletion Instructions.

WhatsApp itself is operated by Meta Platforms Ireland Limited under its own terms; nothing in this agreement displaces those.

5. Authentication and account access

Where Marks AI provides a logged-in surface (for example a CMS, a client portal, or an admin dashboard), authentication is handled by WorkOS / AuthKit. You are responsible for keeping your credentials secure and for notifying us promptly at [email protected] if you believe an account has been compromised.

6. Acceptable use of any service we operate for you

You will not use any Marks AI-operated service to:

• Send spam or unsolicited bulk communications.
• Send content that is unlawful, defamatory, harassing, or that infringes a third party's rights.
• Attempt to circumvent rate limits, security measures, or platform policies (including those of Meta, Cloudflare, or any other upstream provider).
• Use the service for any purpose that would breach UK GDPR, the Data Protection Act 2018, or applicable e-privacy regulations.

Breach of this clause may result in immediate suspension of the service while we investigate, and termination if the breach is not remedied.

7. Fees, invoicing, and payment

Fees, invoicing cadence, and payment terms are set out in the engagement letter for each client. Unless otherwise agreed in writing, invoices are issued in GBP, are due 14 days from the date of issue, and are paid by bank transfer. We reserve the right to suspend any service for which an invoice is more than 30 days overdue, after written notice.

8. Intellectual property

Each client retains ownership of its own content, brand assets, and customer data. Marks AI retains ownership of its platform code, internal tooling, prompts, automation pipelines, and any reusable patterns or templates we have built.

On payment of all sums due, Marks AI grants the client a perpetual, non-exclusive, non-transferable licence to use any client-specific deliverables (a built website, a configured automation, a written report) for the client's own business purposes. We may use anonymised case-study material for our own marketing where the engagement letter permits.

9. Confidentiality

Each side will treat the other's non-public business information as confidential and will not disclose it without consent, except where required by law or to professional advisers under equivalent confidentiality obligations. This obligation continues for three years after the engagement ends.

10. Liability

Nothing in these terms limits liability for death or personal injury caused by negligence, for fraud, or for any other liability that cannot be limited under applicable law. Subject to that:

• Marks AI's total liability arising under or in connection with the engagement (whether in contract, tort, or otherwise) is capped at the fees paid by the client to Marks AI in the twelve months preceding the event giving rise to the claim.
• Neither party is liable for indirect or consequential loss, loss of profit, loss of revenue, loss of business opportunity, or loss of goodwill.

11. Termination

Either party may terminate the engagement by giving 30 days' written notice, or immediately on written notice if the other party commits a material breach which is not remedied within 14 days of notice. On termination, the client's data will be exported in a portable format on request and deleted from active systems within 30 days of termination, subject to any retention period required by law.

12. Governing law and jurisdiction

These terms and any non-contractual obligations arising from or in connection with them are governed by the law of Scotland. The parties submit to the exclusive jurisdiction of the Scottish courts.

13. Changes to these terms

We may update these terms as the platform and the services we offer change. The "Last updated" date at the top of this page reflects the most recent change. Material changes that affect an active engagement will be notified to the client directly and, where the change is unfavourable, will not apply retroactively.

14. Contact

For any question about these terms, write to [email protected]. For privacy enquiries, see the Privacy Policy. For security incidents, write to [email protected].