Terms of Service

Effective date: October 5, 2026

These Terms of Service ("Terms") are an agreement between you and Marketercore Ltd ("we", "us" or "our") and govern your use of Marketercore, including our web application, mobile app, websites, phone numbers, messaging tools, AI agents and related services (the "Service"). By creating an account or using the Service, you agree to these Terms. If you are using the Service for a business, you confirm that you have authority to bind that business, and "you" refers to that business.

1. Accounts

You must be at least 18 years old and able to form a binding contract to use the Service. You agree to provide accurate information, keep it up to date and keep your login credentials confidential. You are responsible for all activity under your account, including the actions of team members you invite. We strongly recommend enabling multi-factor authentication. Tell us promptly by email at support@marketercore.co.uk if you suspect unauthorized access.

2. Free trial

New accounts may be offered a free trial of 30 days. No payment card is required to start a trial. At the end of the trial, you will need to choose a paid plan to keep using paid features. You then have a 7-day grace period. If no plan is chosen by the end of it, your account becomes read-only until you choose one: paid sending (texts, email campaigns and calls), AI features and white-label branding are switched off (our brand shows instead of yours), and you can't add new clients. Your data is kept and you and your team can still sign in. Choosing a plan switches everything back on.

3. Subscriptions and billing

• Plans. Paid plans are billed in advance, either monthly or yearly (where a yearly price is offered), or, where offered, as a one-time payment for a lifetime license. The features and limits of each plan are described at the time of purchase.
• Paying during a free trial. If you choose a monthly or yearly plan before your free trial ends, the first payment is taken when the trial ends, so you keep the trial days you have left.
• No setup fees. We do not charge setup or onboarding fees unless we agree otherwise with you in writing.
• Renewal. Monthly and yearly subscriptions renew automatically at the end of each billing period until cancelled. You can cancel at any time and your plan will remain active until the end of the current billing period (the current month, or the current year for yearly plans).
• Lifetime licenses. A lifetime license is a single payment for access to the plan purchased, with no subscription, for as long as we run the Service. A lifetime license does not include the third-party usage costs described below, and it remains subject to these Terms, including Section 12 (Suspension and termination).
• Taxes. Prices do not include taxes unless stated. You are responsible for any sales, use, VAT, GST or similar taxes that apply.
• Refunds. Except where required by law, stated otherwise at purchase or set out above for lifetime licenses, fees are non-refundable, including for partial months.
• Price changes. We may change prices for future billing periods and will give you reasonable notice before a change affects you.
• Late payment. If a payment fails, we may retry the charge. If it is still unpaid 7 days after it was due, the account becomes read-only, as described in Section 2, until the balance is paid. Your data is kept.

4. Third-party costs and usage limits

Some features depend on third-party services that charge for usage. Where you use our connections (for example our email sending or our AI), that usage is paid in advance from your prepaid AI Studio wallet, at our cost plus a handling margin of 15% (covering card and processing fees), at the rates shown in the Service (texts are counted per message segment). It is listed on a monthly usage statement. Where you connect your own provider accounts (for example your own Twilio, Telnyx, Resend, Mailgun or AI key), those providers bill you directly and we don't charge you for that usage. These costs include:

• SMS and MMS messages, phone numbers and voice call minutes;
• email sending above included limits;
• AI usage, such as AI agent conversations, voice minutes and content generation;
• carrier registration fees, including A2P 10DLC brand and campaign registration;
• payment processing fees charged by Stripe or another payment processor;
• advertising spend, which is paid directly to the advertising networks you use and is never collected by us.

Third-party providers may change their prices, and we may update pass-through charges accordingly.

Usage limits

• Spending limits. Each account has a monthly limit on what it can spend on our connections. You can see and change it under Billing, within the limits shown there. When it is reached, usage on our connections pauses until the next month or until you raise the limit. Your own provider accounts are not affected.
• Free trial allowances. A free trial includes a set number of texts, emails, call minutes and AI replies, shown under Billing. When an allowance is used up, that feature pauses until you choose a plan.
• Shared email sending. Marketing email sent through our shared email connection has a daily limit per account, and we may pause it if too many emails bounce or are marked as spam. Email sent through your own Resend or Mailgun account is not limited in this way.
• Fair use. Plans are for normal business use by you and your clients. Unusual use that puts a heavy load on the Service may need a custom plan.
• Protecting the Service. We may pause, slow down or limit usage that puts the Service, our sending reputation, carrier or provider rules, or other customers at risk. Where we can, we will tell you first; otherwise we will tell you as soon as possible, with the reason and how to fix it.

5. Acceptable use

In short: only message and call people who have agreed to hear from you, follow the law, and don't use the Service to harm anyone.

You agree not to use the Service to:

• send spam or unsolicited messages, or message or call anyone without the consent required by law;
• send unsolicited texts or make unsolicited calls (including automated, prerecorded or AI calls), or use bought, rented or scraped contact lists;
• violate the Telephone Consumer Protection Act (TCPA), CAN-SPAM, Canada's Anti-Spam Legislation (CASL), the GDPR, the UK GDPR, the UK Privacy and Electronic Communications Regulations (PECR), or any other privacy, marketing or consumer protection law;
• violate carrier, A2P 10DLC or messaging-industry rules, including rules on prohibited content such as illegal drugs, firearms, gambling and high-risk financial offers where restricted;
• record calls without providing notice and obtaining consent where required by call-recording laws;
• impersonate any person or business, or mislead people about who is contacting them or that they are speaking with an AI;
• upload malware, probe or attack the Service, or bypass security or usage limits;
• collect or process sensitive information (such as health or payment card data) in ways the Service is not designed for;
• infringe anyone's intellectual property, privacy or other rights, or publish unlawful, defamatory, hateful or harmful content;
• resell or sublicense the Service except as permitted in Section 8.

We may investigate suspected violations and take action, including removing content, suspending messaging or calling, or suspending the account. We may suspend sending. If we see spam, high bounce, complaint or opt-out rates, warnings from a carrier or provider, or unlawful content, we may pause your texts, emails or calls straight away, and then tell you why and what to do next. US business texting must be registered with the carriers (A2P 10DLC) before it is sent.

6. Your responsibility for consent, content and your clients

You are solely responsible for your communications with your contacts. Before you send marketing or automated messages, place automated or AI-powered calls, or record calls, you must obtain and keep records of any consent required by law, honor opt-out requests promptly, and include any required disclosures. You are also responsible for providing your own privacy notice to your contacts that explains how you use the Service to process their information.

Customer responsibility. If you are an agency, you are responsible for everything sent, said or published through your account and your clients' accounts: for having consent, for the content of messages, calls, pages and posts, for your clients and how they use the Service, and for your clients' customers' data. We provide the tools; you decide who is contacted and what is said. You indemnify us for claims arising from that use, as set out in Section 15.

7. AI features

The Service includes AI features that can generate replies, answer calls and chats, summarize conversations and create content. AI output may be inaccurate, incomplete or inappropriate. You are responsible for how you configure AI agents, the information you give them, and any output you use or allow to be sent. You should review AI output before relying on it, and you should not use it as a substitute for professional legal, medical, financial or other advice. Where the law requires it, you must tell people when they are interacting with an AI.

AI output disclaimer. AI replies, AI phone calls and AI-generated content (such as texts, emails, posts, web pages and images) can be wrong, out of date or unsuitable, even when they sound confident. The agency, or the business using the account, must review them and is responsible for what is sent, said or published. AI features are not designed for, and must not be relied on for, medical, legal or financial advice.

8. Resellers and white-label use

If your plan allows you to resell the Service to your own clients under your own brand, you are responsible for your clients' use of the Service, for your own agreements, pricing and support for those clients, and for making sure those clients agree to terms at least as protective of us as these Terms. You may not make promises about the Service on our behalf that are inconsistent with these Terms.

9. Intellectual property

We and our licensors own the Service, including its software, design and documentation. We grant you a limited, non-exclusive, non-transferable right to use the Service during your subscription (or for the term of a lifetime license) in line with these Terms. You may not copy, modify, reverse engineer or create derivative works of the Service except as permitted by law. If you send us feedback, we may use it without obligation to you.

10. Your data

You own the data you and your contacts put into the Service ("Customer Data"). You give us permission to host, process, transmit and display Customer Data only as needed to provide, secure and support the Service and as described in our Privacy Policy. You are responsible for the accuracy and legality of Customer Data and for having the rights needed to use it. You can export your Customer Data at any time while your account is active, and for a reasonable period after cancellation on request.

11. Third-party services and integrations

The Service can connect with third-party services such as CRMs, email marketing tools, calendars, accounting tools, telephony carriers and payment processors. Your use of those services is governed by their own terms, and we are not responsible for them. If a third party changes or stops providing its service, the related features may change or stop working.

12. Suspension and termination

You may cancel your account at any time in your settings or by contacting support@marketercore.co.uk. We may suspend or terminate your access if you materially breach these Terms, fail to pay, create a risk to the Service or others, or if required by law or by a carrier or payment provider. Where reasonable, we will give you notice and a chance to fix the problem first. After termination, your right to use the Service ends and we may delete Customer Data after a reasonable export period. Sections that by their nature should survive termination will survive.

13. Disclaimers

The Service is provided "as is" and "as available". To the fullest extent permitted by law, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose and non-infringement. We do not guarantee that the Service will be uninterrupted or error-free, that messages or calls will be delivered, or that AI output will be accurate. Message and call delivery depends on carriers and other third parties outside our control.

14. Limitation of liability

To the fullest extent permitted by law, neither party will be liable for any indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, data or goodwill, even if advised of the possibility. Our total liability arising out of or relating to these Terms or the Service will not exceed the amount you paid us for the Service in the twelve months before the event giving rise to the claim. These limits do not apply where they are not allowed by law.

In plain English: the most we will pay for all claims together is what you paid us in the 12 months before the claim. We are not responsible for indirect losses, such as lost profits, lost revenue, lost data or harm to your reputation. Nothing in these Terms limits liability that the law does not allow us to limit, such as for death or personal injury caused by negligence, or for fraud.

15. Indemnity

You will defend, indemnify and hold harmless Marketercore Ltd and its officers, employees and suppliers from any claims, fines, penalties, damages and costs (including reasonable legal fees) arising from your Customer Data, your communications with your contacts, your violation of these Terms or the law (including TCPA, CAN-SPAM, CASL, call-recording and privacy laws), or your clients' use of the Service if you resell it. This includes claims brought by your clients, their customers, carriers, providers or regulators that arise from your use of the Service or your clients' use of it.

16. Governing law and disputes

These Terms are governed by the laws of England and Wales, without regard to conflict-of-law rules. Any dispute will be resolved exclusively in the courts of England and Wales, unless applicable law gives you the right to bring a claim elsewhere. Before starting formal proceedings, each party agrees to try in good faith to resolve the dispute informally for at least 30 days.

17. Changes to these Terms

We may update these Terms from time to time. If we make material changes, we will notify you by email or through the Service at least 15 days before they take effect, unless the change is required by law or addresses a security issue. Continuing to use the Service after the changes take effect means you accept them.

18. General

These Terms, together with our Privacy Policy and any order form, are the entire agreement between you and us about the Service. If any provision is found unenforceable, the rest will remain in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition or sale of assets. Neither party is liable for delays caused by events beyond its reasonable control.

19. Contact

Questions about these Terms? You can contact Marketercore Ltd by email at support@marketercore.co.uk. Our postal address is: 128 City Road, London EC1V 2NX. Company number: 13420440. You can also find more information on marketercore.co.uk.