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 Ontario, 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. "5-Year Access" means a one-time paid plan that grants the Customer full access to the Service for a fixed term of five (5) years measured from the date payment is confirmed by our payment processor, after which the Customer may renew at then-current pricing on a non-obligatory basis. "Lifetime Deal" or "LTD" means a one-time paid plan offered exclusively through specific third-party marketplace channels (currently AppSumo), defined further in Section 5.1; LTDs are not offered for direct purchase on easymark.ca. "Trial" means the seven (7) day evaluation period described in Section 5 and Section 7 during which Subscription fees are not charged.

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, 5-Year Access 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 Subscription fees are non-refundable once charged, except where required by law or expressly stated in writing by SZTek. SZTek may, at its sole discretion, issue refunds in the following narrowly defined circumstances: (i) a documented technical failure that prevented the Customer from using the Service; (ii) a billing error attributable to SZTek or our payment processor (including double-charges or charges following an unprocessed cancellation); (iii) proactive refunds to prevent chargeback exposure; and (iv) other circumstances at SZTek's discretion. "I changed my mind," "I forgot to cancel," or "I did not use the Service" are not refund triggers; the seven (7) day Trial exists for those decisions.

5-Year Access plans are one-time-payment plans that grant the Customer full access to the Service for sixty (60) months from the date payment is confirmed. 5-Year Access is offered for the Solo and Business tiers only; agency-tier Customers seeking multi-year savings should use the annual billing option on Agency Lite or Agency Pro Subscriptions. At least ninety (90) days before the 5-Year Access term ends, SZTek will email the Customer with a non-obligatory renewal offer at then-current pricing. The 5-Year Access term is not automatically renewed and the Customer has no obligation to renew. 5-Year Access plans are non-refundable once charged, subject to the same narrowly defined exceptions listed above for Subscriptions.

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 for Subscriptions by giving at least thirty (30) days' notice via email or in-product notification, effective at the next renewal. Continued use after the effective date constitutes acceptance. Subscription Customers benefiting from "early-adopter price lock" retain those terms only so long as their Subscription remains continuously active and in good standing; lapses end the price lock. The price paid for a 5-Year Access plan is fixed for the duration of its sixty-month term and is not affected by Subscription-pricing changes during that term.

5.1 Lifetime (AppSumo channel only).

Where the Customer has acquired access to the Service through a Lifetime Deal listed on a third-party marketplace (currently AppSumo), "Lifetime" means the active commercial life of the EasyMark product. If SZTek elects to sunset the EasyMark Service in its entirety, SZTek will provide at least one hundred eighty (180) days' written notice to all active Lifetime customers, together with a tool to export the Customer's data in commonly used formats. The 5-Year Access term defined in Section 5 does not apply to Lifetime Deals acquired through such third-party marketplaces. Lifetime Deals are not offered for direct purchase on easymark.ca and are subject to the listing channel's redemption terms and refund policies in addition to these Terms; in the event of conflict between the channel's terms and these Terms regarding the Lifetime Deal itself, the channel's redemption-mechanics terms govern, and these Terms govern the use of the Service after redemption.

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. Trial AI Allotment and Fair-Use

7.1 Scope.

This Section applies during the seven (7) day Trial defined in Section 2 and Section 5. It governs Customer access to platform-managed artificial-intelligence services made available by SZTek during the Trial in lieu of the Customer connecting the Customer's own third-party AI provider credentials ("BYO-AI"). Where the Customer has connected BYO-AI credentials at onboarding, this Section does not apply to the BYO-AI usage path, which is governed by the Customer's agreement with the Customer's AI provider.

7.2 Fair-use allotment.

During the Trial, the Customer may use platform-managed AI services without connecting BYO-AI credentials, subject to a fair-use allotment determined by SZTek. The fair-use allotment is a usage budget applied at SZTek's discretion to balance Trial value with abuse prevention. The specific dollar value, generation count, modality breakdown, and other parameters of the fair-use allotment are not disclosed and may be revised by SZTek at any time without notice. Exhaustion of the fair-use allotment does not entitle the Customer to a refund or to an extension of the Trial period; the Customer may continue to access platform features that do not consume AI usage and may, at any time, connect BYO-AI credentials or purchase a Credit package or pay-as-you-go top-up to resume AI usage.

7.3 Anti-abuse measures.

SZTek employs reasonable technical measures to prevent Trial abuse, including but not limited to account verification, IP-level rate limiting, and device-level deduplication. The specific configuration of these measures is not described in detail in order to preserve their effectiveness. SZTek reserves the right to throttle, suspend, or revoke Customer access to platform-managed AI services during the Trial if the Customer's usage patterns indicate abuse, including but not limited to: (i) use of automated tooling, scripts, or bots to generate AI output; (ii) creation of multiple Trial accounts by the same Customer or affiliated parties (commonly described as account farming); (iii) redistribution, resale, or licensing of platform-managed AI output to third parties; (iv) any usage pattern materially inconsistent with a good-faith evaluation of the Service by a single prospective Customer.

7.4 BYO-AI during Trial.

Where the Customer has connected BYO-AI credentials, no platform-imposed cap applies to the Customer's AI usage during the Trial. The Customer's AI provider may impose its own caps under the Customer's agreement with that provider, and SZTek is not responsible for those caps or for any cost the Customer incurs under the Customer's agreement with the Customer's AI provider.

7.5 Purchased AI usage during Trial.

Credit packages, pay-as-you-go top-ups, and add-on AI module subscriptions (AI Video, AI Image, AI Audio) purchased during the Trial are governed by their respective per-purchase clauses in Section 5 and the applicable product description, and are billed in real time at the time of purchase. The waiver of Subscription fees during the Trial under Section 5 applies to Subscription fees only and does not apply to Credit packages, pay-as-you-go top-ups, or add-on AI module subscriptions, each of which is billed independently of Trial status.

7.6 Trial conversion.

On the eighth (8th) day following Trial activation, the Trial converts to a paid Subscription at the tier selected by the Customer at signup, unless the Customer has cancelled in accordance with Section 5. The Trial fair-use allotment described in Section 7.2 is not refreshed at conversion. After conversion, continued platform-managed AI usage requires either connecting BYO-AI credentials (the default for the Starter tier and 5-Year Access plans per the applicable plan terms) or opting into platform-managed AI billing for Growth-and-above Subscription tiers (subject to the markup disclosed at the time of opt-in).

7.7 Counsel-review status of this Section.

The enforcement language in this Section 7, including the right to throttle, suspend, or revoke under Section 7.3, is AI-drafted and pending review by Canadian legal counsel under Section 25 (Document Information). Until counsel has confirmed the enforceability of Section 7.3 under applicable Canadian consumer-protection law, SZTek will, as a matter of operational policy, enforce only the soft-throttle and suspend-with-support-contact paths described in Section 7.3 and will not invoke revocation, refund-recapture, or post-Trial recovery of platform-managed AI cost against the Customer. Counsel sign-off on Section 7.3 may be reflected in a future revision to these Terms (v2.1 or later) and will be noted in the Document Information section.

8. 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.

9. 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.

10. 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.

11. 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.

12. 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.

13. 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.

14. 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).

15. 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.

16. 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.

17. 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.

18. 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.

19. 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 9, 10, 12–18, 20–23, and 25 will survive.

20. 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.

21. 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. If you are a resident of Quebec, Quebec's consumer protection laws (including the Consumer Protection Act (CQLR c P-40.1) and the consumer-contract provisions of the Civil Code of Quebec) may grant you rights that override certain provisions in these Terms; in such case those rights prevail.

22. 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.

23. 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, L6A 3A1, 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.

24. 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.

25. Contact

SZTek Inc. (DBA EasyMark) — Vaughan, Ontario, L6A 3A1, Canada. General: hello@easymark.ca. Legal: legal@easymark.ca. Privacy: privacy@easymark.ca. Security: security@easymark.ca.

Document Information. This document is AI-drafted (v1.0 onward). Substantive obligations and bilingual parity are under review by Canadian legal counsel. Document version: v2.0. Effective date: [TBD at publish time by SZTek]. Last counsel review: Pending.