Terms of Service

Who we are & these terms

These Terms of Service (the Terms) are a legal agreement between Zavo LTD, a company registered in England and Wales (company number 14543620), whose registered office is at 3 Orchard Pl, Broadway, London SW1H 0BF, United Kingdom (Marcus, we, us or our), and the business that registers for or uses our service (you, your or the Customer).

They govern your access to and use of Marcus, our website and any related services, integrations and documentation (together, the Service). By creating an account, clicking to accept, or using the Service, you agree to these Terms. If you do not agree, do not use the Service.

This is a business-only service. You confirm that you are using the Service in the course of a business, trade, craft or profession and not as a consumer. The Service is not offered to consumers, and consumer-protection rules (such as the statutory 14-day cooling-off period) do not apply. If you are agreeing to these Terms on behalf of an organisation, you confirm you have authority to bind it to these Terms.

Definitions

Marcus — the AI employee you configure and use through the Service to work across Slack, Microsoft Teams, email and SMS and your connected tools.
Customer Content — everything you provide to or generate through the Service, including instructions, knowledge, files, messages, connected-tool data, and any personal data of your End Users.
End User — any person Marcus interacts with on your behalf, and any individual whose data you process through the Service.
Plan — the subscription tier you select, including its included usage, seats and features.
Fees — the subscription, usage, overage and other charges payable for the Service.

The Service

Marcus provides software that lets you message an AI employee like a teammate. It connects to the channels and tools you authorise, searches for context, completes tasks from start to finish, and delivers the results — across Slack, Microsoft Teams, email and SMS.

We are continually improving the Service. We may add, change or remove features, and we may release features labelled beta, preview or experimental. Beta features are provided "as is", may be unstable, and are excluded from any availability commitments. We will not materially reduce the core functionality of your paid Plan during a billing cycle without notice.

Eligibility & your account

To use the Service you must register an account and provide accurate, current and complete information. You are responsible for keeping your login credentials secure and for all activity that happens under your account, including the actions of your team members and of Marcus.

Keep your account details and payment information up to date.
Don't share credentials or let unauthorised people use your account.
Tell us promptly at the contact below if you suspect any unauthorised access or security breach.
You're responsible for the acts and omissions of anyone you give access to.

Acceptable use

You may use the Service only for lawful business purposes and in line with these Terms. You must not, and must not allow anyone else to:

Use the Service to send unlawful, fraudulent, deceptive, harassing, threatening or abusive messages, or to impersonate any person or organisation in a misleading way.
Send unsolicited marketing in breach of applicable rules (including the Privacy and Electronic Communications Regulations (PECR) and equivalent laws).
Use the Service for emergency, life-safety, medical, financial or other high-risk decisions where a failure or inaccurate output could lead to death, personal injury or serious damage.
Upload or transmit malware, attempt to gain unauthorised access to the Service, or interfere with its security, integrity or performance.
Reverse engineer, decompile, copy, resell, sublicense or create derivative works from the Service, except to the extent this restriction is prohibited by law.
Use the Service to build a competing product, or scrape or harvest data from it.
Exceed or circumvent usage limits, or use the Service in a way that imposes an unreasonable load on our infrastructure.

We may investigate suspected breaches and may remove content or suspend access where we reasonably believe these rules have been broken or where required to protect the Service, our other customers or any third party.

Marcus & human oversight

Marcus generates responses and takes actions automatically using machine-learning models. It is powerful, but it can make mistakes, misunderstand a request, or produce inaccurate or unexpected output.

You are responsible for reviewing, testing and supervising Marcus and its outputs before and during use, and for the permissions and connections you grant it.
Don't rely on Marcus as the sole basis for decisions that have legal, financial, medical or safety consequences without appropriate human review.
You're responsible for the instructions, prompts and knowledge you give Marcus, and for the results it produces on your behalf.
As between you and us, output generated by Marcus for you forms part of your Customer Content.

Plans, fees & billing

The Fees for each Plan are set out on our pricing page or in your order. By subscribing you authorise us (and our payment processor) to charge your payment method for all Fees due.

Subscriptions renew automatically. Plans are billed in advance each month or year and renew for the same period until cancelled.
Usage & overage. If you exceed your Plan's included usage, the Service keeps working and we charge the overage rate for your Plan.
Changing Plans. Upgrades take effect immediately and are prorated for the rest of your billing period. Downgrades take effect at the start of your next cycle.
Credits. Any free credits we offer are applied to eligible usage, have no cash value, and expire as stated when granted.
Taxes. All Fees include applicable VAT and other taxes unless stated otherwise.
Failed payments. If a payment fails, we may retry and may suspend the Service until amounts due are paid. Overdue sums may accrue interest at 4% a year above the Bank of England base rate.
Price changes. We may change our Fees, with at least 30 days' notice before they apply to your next renewal.

Term, cancellation & suspension

There's no minimum term and no lock-in. You can cancel at any time from your account or by contacting us.

Cancellation takes effect at the end of your current billing cycle, and you keep access until then.
If you're on an annual Plan, we'll refund the full unused whole months remaining when you cancel.
We may suspend or terminate your access immediately if you materially breach these Terms, fail to pay, or where we're required to by law or to prevent harm or legal risk.
On termination, your right to use the Service ends.

You may export your Customer Content while your account is active. For a limited period after termination we will, on request, make your Customer Content available for export, after which we may delete it in line with our retention practices and the data-processing terms.

Customer Content & data protection

You retain all rights in your Customer Content. You grant us a worldwide, non-exclusive licence to host, process and use your Customer Content only as needed to provide, secure, support and improve the Service for you and to comply with law.

We do not use your Customer Content to train AI models. We do not use your messages, files or other Customer Content to train or fine-tune our own or any third party's general AI models. We may use aggregated, anonymised operational data that does not identify you or your End Users to monitor and improve the Service.

Where we process personal data within your Customer Content, we act as your processor and you as the controller. Our processing is governed by our Privacy Policy and our Data Processing Agreement, which form part of these Terms and set out security measures, sub-processors and international-transfer safeguards. We host customer data in the EU and encrypt it in transit and at rest. You are responsible for having a lawful basis to provide Customer Content to us.

Intellectual property

The Service, including all software, models, designs, text and branding, is owned by Zavo LTD and our licensors and is protected by intellectual-property laws. We grant you a limited, non-exclusive, non-transferable right to use the Service during your subscription, in accordance with these Terms. We reserve all rights not expressly granted.

If you send us feedback, suggestions or ideas about the Service, you grant us a perpetual, royalty-free licence to use them without restriction or obligation to you.

Third-party services & integrations

The Service can connect to third-party tools such as Slack, Microsoft Teams, email providers, CRMs and other business apps. Those services are provided by others under their own terms, and we are not responsible for their availability, security or acts. Your use of an integration is between you and that provider, and you authorise us to exchange data with it as needed to deliver the features you enable.

Service availability & support

We work hard to keep the Service available and will use commercially reasonable efforts to do so, but we do not guarantee uninterrupted or error-free operation. The Service is not sold with a specific uptime commitment unless a service-level agreement is expressly agreed in writing (for example on an enterprise Plan).

We may carry out maintenance, and will try to schedule planned maintenance to limit disruption. Support is provided through the channels described for your Plan.

Warranties & disclaimers

Except as expressly stated in these Terms, the Service is provided "as is" and "as available". To the fullest extent permitted by law, we exclude all warranties, conditions and representations not set out here, whether express or implied, including any implied terms as to satisfactory quality, fitness for a particular purpose and non-infringement. We do not warrant that the Service or any Marcus output will be accurate, complete, reliable or uninterrupted, or that it will meet your requirements. You are responsible for determining whether the Service is suitable for your purposes.

Limitation of liability

Nothing in these Terms limits or excludes either party's liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for anything else that cannot be limited or excluded under English law.

Subject to that, and to the fullest extent permitted by law:

We are not liable for any indirect or consequential loss, or for loss of profits, revenue, business, goodwill, anticipated savings, or loss or corruption of data, even if we were advised the loss was possible.
We are not liable for losses arising from your instructions to Marcus or its output, or from claims brought by your End Users.
Our total liability arising out of or in connection with these Terms and the Service, whether in contract, tort (including negligence) or otherwise, is limited in aggregate to the total Fees you paid us in the three (3) months immediately before the event giving rise to the claim.

Indemnity

You will indemnify and hold us harmless against all claims, losses, liabilities, damages, costs and expenses (including reasonable legal fees) arising out of or in connection with your use of the Service, your Customer Content, your breach of these Terms (including the acceptable-use section), or any claim brought by an End User or other third party relating to your use of the Service.

Changes to the Service or these Terms

We may update these Terms from time to time. If we make material changes we'll give you reasonable notice (for example by email or in the workspace) before they take effect. If you continue to use the Service after the changes take effect, you accept the updated Terms. If you don't agree, you may cancel as described above. The "Last updated" date at the top shows when these Terms were last revised.

General

Entire agreement. These Terms, together with our Privacy Policy, Data Processing Agreement and any order, are the entire agreement between us about the Service and supersede any prior discussions.
Assignment. You may not assign or transfer these Terms without our consent. We may assign them to a group company or in connection with a reorganisation, merger or sale.
Waiver & severability. A failure to enforce a term is not a waiver of it, and if any term is found unenforceable the rest remain in effect.
Force majeure. Neither party is liable for delays or failures caused by events beyond its reasonable control.
No partnership. Nothing here creates a partnership, agency or employment relationship between us.
Governing law & jurisdiction. These Terms and any dispute arising from them are governed by the law of England and Wales, and the courts of England and Wales have exclusive jurisdiction.

Contact us

Questions about these Terms? Get in touch:

Zavo LTD
3 Orchard Pl, Broadway, London SW1H 0BF, United Kingdom
General & legal: support@heymarcus.ai
Support: support@heymarcus.ai
Company number 14543620

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