Terms of Service

These Terms of Service (the "Terms") form a binding agreement between Hamza Akbar Malik trading as MarkiTech ("MarkiTech", "we", "us", or "our") and the individual or organisation that accesses our website, creates an account, or purchases a subscription ("you" or "Client"). By registering a company, connecting an advertising account, or using any part of the platform, you accept these Terms in full.

If you are accepting these Terms on behalf of a company, you confirm that you have authority to bind that company. If you do not have that authority, or you do not agree to these Terms, do not use the services.

Where you and MarkiTech have signed a separate order form, statement of work, or master services agreement, that document controls to the extent it conflicts with these Terms. Everything not addressed there remains governed by this page.

• Platform. The MarkiTech website, client portal, dashboards, admin tools, and any related applications or interfaces we make available.
• Services. Paid advertising management across Google, Meta, and TikTok; the AI customer support bot; onboarding and portal setup; reporting and recommendations; and any other service described in your plan.
• Client Content. Brand assets, creative, copy, product information, customer records, knowledge-base material, and any other data you or your users submit to the Platform or make available through a connected account.
• Connected Account. A third-party advertising, analytics, messaging, or commerce account that you authorise MarkiTech to access on your behalf.
• Ad Spend. Amounts paid directly to advertising platforms to run your campaigns. Ad Spend is separate from, and never included in, MarkiTech subscription fees unless your order form says otherwise.
• Output. Campaign drafts, creative variations, recommendations, summaries, replies, and other material generated wholly or partly by automated or AI-assisted systems within the Platform.

The Platform is a business tool. You may use it only for commercial purposes, and only if you are at least 18 years old and legally able to enter into contracts. We do not knowingly provide services to consumers acting outside a trade or profession.

You are responsible for the accuracy of the information you supply at registration, for keeping your credentials confidential, and for all activity that occurs under your account. Notify us at support@markitech.pk as soon as you suspect unauthorised access.

Account owners may invite team members and assign roles. You remain responsible for what your users do, including any spend they authorise, any content they publish, and any settings they change.

MarkiTech combines managed advertising with automation. Depending on the plan you select, your subscription may include some or all of the following.

• Advertising management. Strategy, build, launch, and ongoing optimisation of campaigns on Google Ads, Meta Ads, and TikTok Ads, including creative production and testing where your plan covers it.
• AI customer support bot. A branded assistant that answers customer questions by chat, on your website, or by phone, using a knowledge base you review and approve, with escalation rules you define.
• Portal and onboarding. Workspace setup, advertising account connection, brand voice configuration, user roles, and support settings.
• Reporting and recommendations. Dashboards covering spend, clicks, conversions, return on ad spend, support volume, and order context, plus periodic recommendations for what to change next.

We may add, improve, or retire features over time. If we remove a feature that is material to your plan, we will give you reasonable advance notice and, where the change substantially reduces the value of your subscription, you may cancel under the cancellation section below.

Subscription pricing is shown on our pricing page or in your order form. Unless stated otherwise, plans are billed monthly in advance and renew automatically for successive monthly terms until cancelled.

• Payment processing. Card payments are processed by Stripe. By subscribing, you authorise us and Stripe to charge your payment method for recurring fees, applicable taxes, and any agreed one-off charges.
• Ad Spend is separate. Media budgets are paid by you directly to the advertising platforms using your own billing method, unless your order form expressly places spend on a MarkiTech-managed account. Management fees are earned regardless of campaign outcome.
• Taxes. Fees are exclusive of sales tax, VAT, GST, withholding, and similar charges, which are your responsibility except for taxes on our own income.
• Failed payments. If a charge fails, we may retry it and will notify you. Fees more than 14 days overdue may result in suspension of the Services under the suspension section below.
• Price changes. We may adjust subscription pricing with at least 30 days' written notice before the change takes effect at your next renewal. Continuing to use the Services after that date constitutes acceptance.

The quality of what we can deliver depends directly on the access, approvals, and information you provide. You agree to:

• Provide timely, accurate, and complete information about your business, products, offers, and target customers.
• Hold all rights, licences, and permissions necessary for the Client Content you supply, including images, trademarks, testimonials, music, and any likeness of an identifiable person.
• Ensure your website, landing pages, offers, and claims comply with applicable advertising, consumer protection, and industry-specific law.
• Maintain valid billing on each Connected Account and comply with the terms and advertising policies of Google, Meta, TikTok, and any other platform used on your behalf.
• Review and approve campaign assets, budgets, knowledge-base content, and bot escalation rules before they go live where your plan requires client approval.
• Give us the access we need to your advertising, analytics, and messaging accounts, and tell us promptly when that access changes or is revoked.

Delays, rejections, or reduced performance caused by missing information, withheld approvals, revoked access, or non-compliant Client Content are not a failure of the Services on our part.

You must not use the Platform or Services to:

• Advertise, promote, or sell anything unlawful, or anything prohibited by the policies of the advertising platform in question.
• Publish content that is deceptive, defamatory, discriminatory, harassing, obscene, or infringes another party's intellectual property or privacy rights.
• Upload malware, attempt to gain unauthorised access to any system or account, probe or scan our infrastructure, or interfere with the operation of the Platform.
• Scrape, reverse engineer, decompile, or attempt to derive the source code, models, prompts, or underlying architecture of the Platform, except where that restriction is unenforceable by law.
• Resell, sublicense, or provide the Services to a third party as a standalone offering without our written agreement.
• Submit personal information you are not permitted to share, or use the support bot to process categories of sensitive data your plan does not cover.
• Misrepresent your identity, your authority to act for a business, or your relationship with MarkiTech.

Parts of the Platform use automated and AI-assisted systems, including a third-party large language model, to draft content, summarise performance, surface recommendations, and answer customer questions.

• Review before you rely. Output can be incomplete, out of date, or wrong. You are responsible for reviewing Output before it is published, sent to a customer, or used to make a spending decision.
• Not professional advice. Nothing produced by the Platform constitutes legal, medical, financial, tax, or regulatory advice, and it should not be relied on as such.
• Escalation is yours to define. You configure the knowledge base the bot draws on and the rules for handing a conversation to a human. We are not responsible for outcomes arising from escalation rules you chose or knowledge-base content you approved.
• Similar output. AI systems can generate similar or identical material for different clients. We make no claim that Output is unique, and we do not warrant that it is free of third-party rights.

What MarkiTech owns

The Platform, its software, design system, dashboards, documentation, workflows, prompts, brand, and all improvements to them remain the exclusive property of MarkiTech and its licensors. These Terms grant you a limited, non-exclusive, non-transferable, revocable right to use the Platform for your internal business purposes during your subscription. No other rights are granted by implication.

What you own

You retain all rights in your Client Content. You grant MarkiTech a worldwide, royalty-free licence to host, reproduce, adapt, display, and transmit that content strictly as needed to deliver the Services, including submitting it to advertising platforms on your behalf. This licence ends when the content is deleted or your account closes, subject to the retention periods described in our privacy policy.

Campaign deliverables

On full payment of the fees for the relevant period, you receive ownership of the final campaign creative and copy produced specifically for you, excluding our underlying templates, tools, methods, and any third-party or stock material, which remain subject to their own licences.

Feedback and publicity

If you send us suggestions or feedback, we may use them without restriction or compensation. We may identify you as a client and use your name and logo in our marketing materials; you can withdraw that permission at any time by writing to support@markitech.pk.

Each party may receive non-public information from the other that is marked confidential or would reasonably be understood to be confidential, including pricing, campaign performance, roadmaps, and customer data. The receiving party will use that information only to perform under these Terms, protect it with at least reasonable care, and disclose it only to employees, contractors, and advisers bound by similar obligations.

These obligations do not apply to information that is or becomes public through no fault of the receiving party, was already known without a duty of confidence, or is independently developed. Disclosure required by law or a competent authority is permitted, provided the disclosing party is given notice where legally possible.

How we handle personal information is set out in our privacy policy, which forms part of these Terms. In broad terms, MarkiTech acts as a controller for the account, billing, and website data we collect about you, and as a processor acting on your instructions for the customer data you route through campaigns and the support bot.

Where you are subject to the GDPR, the UK GDPR, or comparable law, our data processing addendum applies to that processing and is available on request from support@markitech.pk. You are responsible for having a lawful basis for the customer data you make available to us and for providing any notices or collecting any consents your own customers are owed.

The Services depend on platforms we do not control, including Google, Meta, TikTok, Stripe, and our infrastructure and AI vendors. Your use of a Connected Account is governed by that provider's own terms, and their decisions are theirs alone.

MarkiTech is not responsible for ad account suspensions, disapprovals, policy enforcement, algorithm or pricing changes, API deprecations, reporting discrepancies, or outages caused by a third-party platform. We will make reasonable efforts to resolve such issues and to keep you informed, but we cannot guarantee an outcome.

We aim to keep the Platform available at all times other than during planned maintenance, which we schedule outside peak hours and announce in advance where practical. We do not commit to a specific uptime percentage unless one is stated in your order form.

Support requests can be raised in the portal or by emailing support@markitech.pk. We target a first response within one business day for standard requests and sooner for issues that stop campaigns from running.

• Term. Your subscription starts when your first payment is taken and continues for the billing period selected, renewing automatically unless cancelled.
• Cancellation. You may cancel at any time from the portal or by writing to us at least 14 days before your next renewal date. Cancellation takes effect at the end of the current paid period; the Services stay available until then.
• Refunds. Fees already paid are non-refundable except where required by law or where we materially fail to deliver the Services and do not remedy that failure within 30 days of written notice. Ad Spend already committed to a platform cannot be recovered by us.
• Offboarding. For 30 days after termination you may request an export of your campaign data and reports. After that window we may delete or de-identify your data in line with the retention schedule in our privacy policy.
• Connected Accounts. On termination we remove our access to your advertising accounts. Campaign history stays in your own accounts; disconnecting MarkiTech does not delete it.

We may suspend or terminate your access, in whole or in part, if you materially breach these Terms and do not fix the breach within 14 days of notice; if your payment is more than 14 days overdue; if your use creates a security, legal, or reputational risk; or if a third-party platform requires it. Where the risk is immediate, we may suspend first and notify you promptly afterwards.

Suspension does not relieve you of the obligation to pay fees accrued before and during the suspension, unless the suspension was our fault.

Except as expressly stated in these Terms, the Platform and Services are provided "as is" and "as available", and MarkiTech disclaims all other warranties, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, and uninterrupted or error-free operation.

Nothing in these Terms excludes liability that cannot lawfully be excluded, including liability for death or personal injury caused by negligence, or for fraud.

To the fullest extent permitted by law, neither party is liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, lost revenue, lost data, lost goodwill, or business interruption, even if advised that such loss was possible.

To the fullest extent permitted by law, MarkiTech's total aggregate liability arising out of or relating to these Terms or the Services is limited to the subscription fees you paid to MarkiTech in the twelve months immediately before the event giving rise to the claim. Ad Spend paid to third-party platforms is excluded from that calculation.

These limits apply regardless of the theory of liability and survive termination. Each party must bring any claim within twelve months of becoming aware of the facts giving rise to it, unless a longer period is mandatory by law.

You will defend and indemnify MarkiTech, its officers, employees, and contractors against third-party claims, damages, penalties, and reasonable legal costs arising from your Client Content, your products or offers, your breach of these Terms or of an advertising platform's policies, or your failure to obtain the rights, notices, or consents required for data you make available to us.

MarkiTech will defend and indemnify you against third-party claims alleging that the Platform itself, when used as permitted, infringes that party's intellectual property rights, excluding claims arising from Client Content, AI Output you published without review, or use of the Platform in combination with anything we did not supply.

We may update these Terms as the Services and the law evolve. Minor clarifications take effect when published. For changes that materially affect your rights or obligations, we will give at least 30 days' notice by email or in-portal notice before they take effect.

The version and effective date at the top of this page always reflect the current release. If you do not accept a material change, you may cancel before it takes effect; continued use afterwards means you accept it.

These Terms and any dispute arising from them are governed by the laws of the Islamic Republic of Pakistan, without regard to conflict of law rules. The parties submit to the exclusive jurisdiction of the courts of Pakistan.

Before starting proceedings, each party agrees to raise the dispute in writing and to attempt to resolve it in good faith for 30 days. Either party may still seek urgent injunctive relief to protect confidential information or intellectual property.

• Entire agreement. These Terms, our privacy policy, and any order form make up the whole agreement between us and replace any earlier proposals or discussions on the same subject.
• Severability. If any provision is held unenforceable, it is limited or removed to the minimum extent necessary and the rest stays in force.
• No waiver. A failure to enforce a provision is not a waiver of the right to enforce it later.
• Assignment. You may not assign these Terms without our written consent. We may assign them to an affiliate or in connection with a merger, acquisition, or sale of assets.
• Force majeure. Neither party is liable for delay or failure caused by events beyond reasonable control, including outages, platform failures, natural events, or government action.
• Independent contractors. Nothing here creates a partnership, joint venture, employment, or agency relationship beyond the limited authority you grant us to manage your Connected Accounts.
• Notices. Legal notices to MarkiTech go to support@markitech.pk. Notices to you go to the email address on your account.

Questions about these Terms, an order form, or a proposed change can be sent to our legal team.

• Legal. support@markitech.pk
• General enquiries. support@markitech.pk
• Phone and WhatsApp. +92 327 5100072