Terms of Service

EasyMark An SZTek Inc. product

Terms of Service

Legal document — current version

These Terms of Service (the "Terms") form a binding agreement between SZTek Inc., a corporation incorporated under the laws of Canada and doing business as EasyMark ("EasyMark", "SZTek", "we", "us", or "our"), and you, the individual or entity accessing or using the EasyMark platform ("you", "your", or the "Customer"). By creating an account, accessing, or using the Service, you accept these Terms in full. If you do not accept them, do not use the Service.

1. Acceptance, Eligibility and Authority

By clicking "I agree", signing up, or otherwise using the Service, you represent and warrant that: (a) you are at least the age of majority in your jurisdiction; (b) you have the legal capacity to enter into these Terms; (c) if you are accepting on behalf of a business, you have full authority to bind that entity, and references to "you" include both you and that entity; and (d) you are not barred from receiving the Service under any applicable law, sanctions regime, or prior decision of SZTek to terminate your access.

These Terms incorporate by reference our Privacy Policy, Acceptable Use Policy, Cookie Policy, Sub-Processor List, Accessibility Statement, any plan description, order form, or product-specific terms we make available, and any rules embedded in the Service interface (collectively, the "Agreement"). In case of conflict, an executed order form prevails, then these Terms, then the other documents.

2. Definitions

"Service" means the EasyMark software-as-a-service platform, including the websites at easymark.ca and app.easymark.ca, all related APIs, mobile and desktop applications, autonomous agent workflows, and any documentation or support that we provide.

"Customer Content" means any data, text, image, audio, video, file, prompt, brand asset, document, contact list, account credential, or other material that you (or any user authorized by you) upload, input, generate through, or store in the Service.

"AI Output" means any content generated by artificial intelligence models in response to your prompts, configurations, or Customer Content, whether produced through SZTek-managed AI providers, your own ("BYO") provider keys, or self-hosted models.

"Subscription" means a recurring paid plan; "Lifetime Deal" or "LTD" means a one-time paid plan offered to a limited number of early-adopter customers; "Free Plan" means access offered without payment.

3. The Service

EasyMark is an autonomous digital marketing platform. Depending on your plan and configuration, the Service may generate marketing content, schedule and publish posts, run advertising campaigns, send marketing emails, ingest analytics, and make automated optimization decisions on your behalf. You acknowledge that the Service is autonomous by design and that you remain solely responsible for configuring approval gates appropriate to your risk tolerance and for reviewing AI Output before it is published or transmitted under your name.

We may add, modify, deprecate, or remove features at any time. We will use commercially reasonable efforts to give advance notice of material reductions in functionality on paid plans, but we do not guarantee any specific feature, channel, or third-party integration will remain available. Beta or experimental features are provided "as is" and may be removed without notice.

4. Accounts and Security

You must register an account to use the Service and provide accurate, complete, and current information. You are responsible for safeguarding your credentials, enabling multi-factor authentication where available, and for all activity that occurs under your account, whether or not authorized. You will notify us promptly at security@easymark.ca of any actual or suspected compromise. We are not liable for any loss arising from your failure to comply with this Section.

You may invite additional users to your workspace. You are responsible for the acts and omissions of every user under your account as if they were your own.

5. Subscriptions, Lifetime Deals and Billing

Pricing is shown in Canadian dollars (CAD) unless otherwise stated. Subscriptions renew automatically at the end of each billing cycle (monthly or annual) at the then-applicable price for your plan, until cancelled. By providing a payment method, you authorize SZTek and our payment processor (Stripe Payments Canada, Ltd.) to charge that method for all amounts owed, including taxes, usage fees, add-ons, and overages.

You may cancel your Subscription from within the account settings. Cancellation takes effect at the end of the current billing period; the Service continues until that date and is not pro-rated. All fees are non-refundable except where required by law or expressly stated in writing by SZTek. For Lifetime Deals, refund requests submitted in writing within seven (7) calendar days of purchase may, at SZTek's sole discretion, be honoured. After seven days, Lifetime Deals are final.

If a payment fails, your Subscription may enter a grace period during which we will attempt to collect; if collection fails, we may suspend or terminate the Subscription, archive your data, and disable channel and AI integrations. Reinstatement after collection failure is at our discretion.

We may change prices, plans, or billing terms by giving at least thirty (30) days' notice via email or in-product notification, effective at your next renewal. Continued use after the effective date constitutes acceptance. Customers benefiting from "early-adopter price lock" or LTD pricing retain those terms only so long as their Subscription remains continuously active and in good standing; lapses end the price lock.

6. Free Plan and Trials

We may offer a Free Plan or a free trial of paid features. Free access is provided "as is", may be subject to usage limits, and may be modified, suspended, or discontinued at any time without notice or liability. Trials automatically convert to paid Subscriptions at the end of the trial period unless cancelled, and you authorize the corresponding charge.

7. Bring-Your-Own Keys, Email and Ad Accounts

The Service supports use of your own AI provider API keys, email service credentials, ad account credentials, and social platform connections ("BYO Credentials"). You are solely responsible for: (a) obtaining and maintaining the required licenses and accounts; (b) all charges, taxes, and obligations owed to those third parties; (c) compliance with the third party's terms; and (d) the security of those credentials. SZTek encrypts BYO Credentials at rest but does not assume any obligation of any third-party provider, and we are not responsible for any third-party outage, suspension, deactivation, billing dispute, or content moderation decision.

8. Customer Content and Licence to SZTek

As between you and us, you retain ownership of Customer Content. You grant SZTek a worldwide, royalty-free, non-exclusive, sub-licensable licence to host, copy, transmit, display, modify, format, translate, reproduce, generate derivatives of, and otherwise process Customer Content for the purposes of: (a) providing, securing, and improving the Service; (b) generating AI Output and executing the autonomous marketing workflows you configure; (c) transmitting content to third-party channels at your direction; (d) exercising our rights under this Agreement; and (e) producing aggregated, de-identified data and analytics that do not identify you, which we may use and retain for any lawful purpose, including benchmarking, product development, and model evaluation, without restriction.

You represent and warrant that you own or have all necessary rights, consents, and authorizations to upload, generate, and publish Customer Content through the Service, and that Customer Content does not violate any law, contract, intellectual-property right, or privacy right of any person. You are solely responsible for the accuracy, legality, and appropriateness of Customer Content.

9. AI Output

The Service uses generative artificial intelligence. AI Output may be inaccurate, incomplete, biased, offensive, or otherwise unsuitable. AI Output is generated probabilistically and may resemble or repeat content produced for other customers; we make no representation that AI Output is unique, original, free of infringement, or fit for any particular purpose.

You are responsible for reviewing all AI Output before it is published, transmitted, or relied upon, regardless of whether the autonomous workflow is configured to require approval. As between you and SZTek, and to the extent permitted by law, you may use AI Output for your own lawful business purposes; SZTek does not claim ownership of AI Output, but reserves all rights in the underlying models, prompts, system instructions, and platform components used to produce it. You will not represent AI Output as having been authored by SZTek.

10. Acceptable Use

You will comply with our Acceptable Use Policy at all times. We may suspend, throttle, or terminate the Service, remove content, or disable channel connections at our sole discretion, with or without notice, where we reasonably believe that you, your users, or your Customer Content violate the Agreement, applicable law, the policies of any connected third-party platform, or pose a security, reputational, or operational risk to SZTek or its other customers. Restoration after suspension is at our discretion and may be subject to remediation conditions.

11. Third-Party Services and Sub-Processors

The Service interoperates with third-party platforms (e.g., Meta, Google, LinkedIn, X, TikTok, Pinterest, YouTube, Stripe) and uses sub-processors to deliver functionality. Your use of those third parties is governed by their own terms, and we are not responsible for their acts or omissions. A current Sub-Processor List is published in the admin portal and on our website. By using the Service, you authorize SZTek to engage the listed sub-processors and to add or replace sub-processors from time to time, subject to the conditions set out in our Privacy Policy.

12. Intellectual Property

SZTek and its licensors own all right, title and interest in and to the Service, including all software, models, prompts, system instructions, designs, data structures, documentation, trademarks (including "EasyMark"), service marks, logos, trade dress, and the look and feel of the platform. No rights are granted to you except as expressly set out in these Terms. You will not (and will not permit any third party to): (a) copy, modify, reverse-engineer, decompile, or create derivative works of the Service; (b) access the Service to build a competing product; (c) scrape, harvest, or use automated means to extract data from the Service except via approved APIs; (d) remove or alter any proprietary notice; or (e) sub-license, rent, lease, or resell access to the Service except under a written reseller or white-label agreement with SZTek.

13. Confidentiality

Each party may receive confidential information from the other. The receiving party will use confidential information only to perform under the Agreement, will protect it with at least the same care it uses for its own confidential information (and no less than reasonable care), and will not disclose it except to its personnel or contractors who need to know and are bound by similar obligations. Confidential information does not include information that is public, already known, independently developed, or required to be disclosed by law (subject to reasonable notice where lawful).

14. Feedback

If you submit ideas, suggestions, feature requests, votes, comments, or other feedback regarding the Service ("Feedback"), you grant SZTek an irrevocable, perpetual, worldwide, royalty-free, sub-licensable, transferable licence to use, reproduce, modify, publish, distribute, and commercialize the Feedback for any purpose, without attribution or compensation. We are not obligated to keep Feedback confidential or to act on it.

15. Disclaimers

Except as expressly stated in these Terms, the Service and AI Output are provided "AS IS" and "AS AVAILABLE". To the maximum extent permitted by law, SZTek disclaims all warranties, conditions and representations, express or implied, statutory or otherwise, including any implied warranty of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, security, uninterrupted operation, error-free performance, and any warranty arising from course of dealing or usage of trade. We do not warrant that the Service will meet your requirements, that AI Output will be accurate or appropriate, or that posts, ads, or emails will reach any particular audience or generate any particular result.

16. Limitation of Liability

To the maximum extent permitted by law, SZTek and its directors, officers, employees, contractors, licensors and sub-processors will not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, or for any loss of profits, revenue, goodwill, business opportunity, anticipated savings, data, or content, in each case whether arising in contract, tort (including negligence), statute or otherwise, even if advised of the possibility of such damages.

SZTek's total aggregate liability arising out of or related to the Agreement, the Service, or AI Output, in each case for any cause whatsoever, will not exceed the greater of: (a) one hundred Canadian dollars (CA$100); or (b) the fees actually paid by you to SZTek for the Service in the three (3) months immediately preceding the event giving rise to the claim. The foregoing limitations apply notwithstanding the failure of any limited remedy and form an essential basis of the Agreement; in their absence the fees would be materially higher.

17. Indemnification

You will defend, indemnify and hold harmless SZTek and its directors, officers, employees, contractors, licensors and sub-processors from and against any third-party claim, demand, action, proceeding, fine, penalty, loss, liability, damage, settlement, cost or expense (including reasonable legal fees) arising out of or related to: (a) Customer Content; (b) AI Output that you publish, transmit, or rely upon; (c) your use of the Service in breach of the Agreement or applicable law; (d) your use of BYO Credentials, third-party services, or connected platforms; (e) any claim that your use of the Service has caused harm to a third party; or (f) any breach by you of your representations or warranties. SZTek may, at its option, assume exclusive defence and control of any matter for which you owe indemnification, in which case you will cooperate fully.

18. Term, Suspension and Termination

The Agreement begins when you first accept it and continues until your account is closed or terminated. You may cancel any time as set out in Section 5. We may suspend or terminate your access, in whole or in part, immediately and without notice if: (a) you breach the Agreement; (b) we are required to do so by law or by a third-party platform; (c) we reasonably suspect fraudulent, abusive, or unlawful activity; or (d) continuing to provide the Service would expose SZTek or its customers to material risk. We may also terminate any plan for convenience on thirty (30) days' notice; we will refund pre-paid fees for the unused portion of the current term in that case only.

On termination, your licence to the Service ends, we may delete or anonymize Customer Content following the retention windows in our Privacy Policy, and Sections 8, 9, 11–17, 19–22, and 24 will survive.

19. Changes to the Agreement

We may update the Agreement from time to time. Material changes will be posted in-product, on easymark.ca, or sent by email at least thirty (30) days before they take effect; non-material changes (such as clarifications, contact updates, or formatting) take effect when posted. Your continued use of the Service after the effective date constitutes acceptance. If you do not agree to a change, your sole remedy is to stop using the Service and cancel before the effective date.

20. Governing Law and Jurisdiction

The Agreement is governed by the laws of the Province of Ontario and the federal laws of Canada applicable in Ontario, without regard to conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Any dispute, claim, or controversy arising out of or related to the Agreement or the Service will be brought exclusively in the courts located in the City of Toronto, Ontario, and you irrevocably submit to their personal jurisdiction. To the fullest extent permitted by law, you waive any right to participate in a class, collective, or representative proceeding against SZTek.

Where mandatory consumer-protection law in your province grants you additional rights or designates a different forum, those rights apply notwithstanding this Section, but only to the minimum extent so required.

21. Force Majeure

Neither party is liable for any failure or delay (other than payment obligations) caused by circumstances beyond its reasonable control, including acts of God, war, terrorism, civil disturbance, pandemic, natural disaster, internet or telecommunications failure, cloud-provider outage, AI-provider outage, third-party platform suspension, governmental action, or labour dispute.

22. Assignment, Notices and Miscellaneous

You may not assign the Agreement without SZTek's prior written consent; SZTek may assign the Agreement freely, including in connection with a merger, acquisition, reorganization, or sale of assets. Notices to you may be delivered by email to the address on file or by in-product notification. Notices to SZTek must be sent to legal@easymark.ca with a copy to SZTek Inc., Attention: Legal, Vaughan, Ontario, Canada.

If any provision of the Agreement is held unenforceable, the remaining provisions remain in effect and the unenforceable provision will be replaced with an enforceable provision that most closely reflects the original intent. Failure to enforce a right is not a waiver. The Agreement is the entire agreement between the parties on its subject and supersedes prior or contemporaneous communications. There are no third-party beneficiaries.

23. Bilingual Agreement (Quebec)

The parties acknowledge that an English version and a French version of this Agreement are made available. The two language versions are intended to be equivalent in meaning and equally authoritative. Les parties reconnaissent qu'une version anglaise et une version française de la présente entente sont mises à disposition. Les deux versions linguistiques se veulent équivalentes et font également foi.

24. Contact

SZTek Inc. (DBA EasyMark) — Vaughan, Ontario, Canada. General: hello@easymark.ca. Legal: legal@easymark.ca. Privacy: privacy@easymark.ca. Security: security@easymark.ca.