Terms & Conditions

1. Acceptance of Terms & Scope

These Terms & Conditions ("Terms") constitute a legally binding agreement between you ("User", "Customer", or "Deployer/Provider") and the indie operator of AI Marker ("Operator", "we", "us", or "our"). By accessing or using the AI Marker website, browser tools, API, automated compliance assessment utilities, dashboard, or evidence pack generation services (collectively, the "Service"), you acknowledge that you have read, understood, and agreed to be bound by these Terms.

If you are entering into these Terms on behalf of a company, organization, or other legal entity, you represent and warrant that you have full legal authority to bind such entity to these Terms.

2. Disclaimer of Legal Advice & Informational Nature

2.1 Informational Software Only: The Service, including but not limited to the Article 50 obligation self-assessment engine, the 24-language disclosure catalog, C2PA manifest assertions, perceptual watermark tools, and RFC 3161 timestamped evidence packs, is an automated technical software utility designed to assist users with synthetic media marking and transparency workflow execution.

2.2 No Legal Advice or Certification: Nothing contained in the Service, documentation, blog posts, or outputs generated by AI Marker constitutes legal advice, legal auditing, or binding compliance certification under Regulation (EU) 2024/1689 (EU AI Act) or national law. Regulatory authorities (including the EU AI Office, European Commission, national market surveillance authorities, and courts) retain sole discretion in interpreting compliance. You must consult qualified legal counsel for binding regulatory guidance tailored to your specific deployment context.

3. Absolute Limitation of Liability & Exclusion of Regulatory Fines

3.1 EXCLUSION OF ADMINISTRATIVE FINES & PENALTIES: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE OPERATOR, ITS OWNER, INDIE DEVELOPERS, AFFILIATES, OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY ADMINISTRATIVE FINES, STATUTORY PENALTIES, REGULATORY SANCTIONS, OR GOVERNMENT ENFORCEMENT ACTIONS LEVIED UNDER ARTICLE 99 OF REGULATION (EU) 2024/1689 (INCLUDING FINES UP TO €15,000,000 OR 3% OF WORLDWIDE ANNUAL TURNOVER), GENERAL DATA PROTECTION REGULATION (GDPR) FINES, OR ANY OTHER APPLICABLE LAW ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR RELIANCE UPON THE SERVICE.

3.2 AGGREGATE LIABILITY CAP: THE OPERATOR’S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS OF ANY KIND ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE (WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE) SHALL BE STRICTLY CAPPED AT AND SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT ACTUALLY PAID BY YOU TO THE OPERATOR FOR ACCESS TO THE SERVICE IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR (B) ONE HUNDRED EUROS (€100.00) FOR USERS ON FREE TIERS OR UNAUTHENTICATED BROWSER TOOLS.

3.3 EXCLUSION OF INDIRECT DAMAGES: IN NO EVENT SHALL THE OPERATOR BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF GOODWILL, BUSINESS INTERRUPTION, LOSS OF DATA, OR DAMAGE TO REPUTATION.

4. Indemnification & Hold Harmless

You agree to defend, indemnify, and hold harmless the Operator, its indie creator, successor, and contractors from and against any and all third-party claims, government inquiries, market surveillance proceedings, administrative actions, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees and regulatory legal costs) arising out of or related to:

• Your use of or reliance on the Service, watermarks, metadata, or evidence packs;
• Your failure to comply with Regulation (EU) 2024/1689 (EU AI Act), GDPR, copyright laws, or any other regulatory obligation;
• Any content, media files, audio, video, or text submitted by you to the Service or published by you using AI Marker disclosures;
• Your breach of any provision of these Terms.

5. Technical Performance & Downstream Modifications Disclaimer

5.1 Downstream Metadata Stripping: You acknowledge that downstream distribution channels, content management systems, social media platforms, messaging apps, and email clients may automatically strip embedded metadata (EXIF, IPTC, XMP, C2PA manifests) or compress images and video in a manner that degrades or removes imperceptible watermarks.

5.2 No Guarantee of Unremovability: While AI Marker implements defense-in-depth marking techniques compliant with Article 50(2) standards, the Operator does not guarantee 100% permanence or unremovability of watermarks or metadata against deliberate adversarial attacks, re-encoding, or downstream platform stripping. AI Marker evidence packs document the technical state of the asset at the time of processing by the Service.

6. Acceptable Use Policy

You agree not to use the Service to:

• Upload or process Child Sexual Abuse Material (CSAM), hate speech, malware, or illegal content;
• Create or distribute deceptive deepfakes intended to defraud, defame, impersonate public officials, or disrupt elections without legally mandated disclosures;
• Attempt to reverse engineer, decompile, or exploit vulnerabilities in the Service, API, or metering infrastructure;
• Bypass API rate limits, automated credit balances, or authentication mechanisms.

7. Subscriptions, Credit Metering & Payment Terms

7.1 Subscriptions & Credits: Paid features are billed on a subscription basis or per metered credit package as described on the pricing page. Credits are consumed upon successful processing of jobs.

7.2 B2B No Refunds: Except where mandatory EU consumer protection laws strictly dictate otherwise, all subscription fees and credit purchases are final and non-refundable.

7.3 Consumer EU Right of Withdrawal Waiver: If you purchase digital services as an EU consumer, you expressly agree that performance of the digital service begins immediately upon purchase, and you acknowledge that you hereby waive your statutory 14-day right of withdrawal under EU Consumer Rights Directive once performance has commenced.

8. Service Availability & "As Is" Provision

The Service is provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind, whether express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, non-infringement, or uninterrupted availability.

9. Governing Law & Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the Kingdom of Spain and applicable European Union regulations, without giving effect to conflicts of law principles. Any dispute arising out of or relating to these Terms shall be subject to the exclusive jurisdiction of the competent courts in the Operator’s place of business (Tarragona, Spain), subject to mandatory statutory consumer jurisdiction rules where applicable.