1. Agreement to Terms
By accessing or using Market Ninja ("the Service"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these terms, you may not access the Service. These Terms apply to all visitors, users, and others who access or use the Service. Market Ninja is operated by Futureproof Digital Marketing Ltd ('we', 'us', 'our'). References to 'Market Ninja' refer to Futureproof Digital Marketing Ltd trading as Market Ninja.
2. Description of Service
Market Ninja provides AI-powered marketing tools and business solutions, including but not limited to business planning, content creation, website generation, brand guide creation, and related services. We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time.
3. User Accounts
3.1 Account Creation
To use certain features of the Service, you must register for an account. You agree to:
- Provide accurate, current, and complete information
- Maintain and update your information to keep it accurate
- Maintain the security of your password and account
- Accept responsibility for all activities under your account
- Notify us immediately of any unauthorized use
3.2 Account Eligibility
You must be at least 18 years old to use the Service. By using the Service, you represent and warrant that you meet this age requirement.
4. Acceptable Use
You agree not to use the Service to:
- Violate any applicable laws or regulations
- Infringe upon the rights of others
- Transmit any harmful, offensive, or inappropriate content
- Attempt to gain unauthorized access to the Service or related systems
- Interfere with or disrupt the Service or servers
- Use automated systems to access the Service without permission
- Reverse engineer, decompile, or disassemble any part of the Service
- Resell or redistribute the Service without authorization
5. User Content
5.1 Ownership
You retain ownership of any content you create, upload, or submit through the Service ("User Content"). By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and distribute your User Content solely for the purpose of providing and improving the Service.
5.2 Content Responsibility
You are solely responsible for your User Content. You represent and warrant that you have all necessary rights to submit User Content and that it does not violate any third-party rights or applicable laws.
5.3 Content Removal
We reserve the right to remove any User Content that violates these Terms or is otherwise objectionable, in our sole discretion.
6. Intellectual Property
The Service and its original content, features, and functionality are owned by Market Ninja and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws. Our trademarks and trade dress may not be used without our prior written consent.
7. Payment Terms
7.1 Fees
Certain features of the Service may require payment. You agree to pay all fees associated with your use of paid features. Fees are non-refundable unless otherwise stated or required by law.
7.2 Billing
If you purchase a subscription, you will be billed in advance on a recurring basis. You authorize us to charge your payment method for all applicable fees.
7.3 Price Changes
We reserve the right to change our pricing at any time. We will provide notice of price changes, and you may cancel your subscription if you do not agree to the new pricing.
8. Service Availability
We strive to provide reliable service but do not guarantee that the Service will be available at all times. The Service may be unavailable due to maintenance, updates, technical issues, or other reasons beyond our control. We are not liable for any damages resulting from Service unavailability.
9. Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.
AI-generated content is provided for informational and creative purposes only. You are responsible for reviewing, editing, and verifying all AI-generated content before use.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES RESULTING FROM YOUR USE OF THE SERVICE.
11. Indemnification
You agree to indemnify, defend, and hold harmless Market Ninja its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from your use of the Service, your User Content, or your violation of these Terms.
12. Termination
12.1 Termination by You
You may terminate your account at any time by contacting us or using the account deletion features in the Service.
12.2 Termination by Us
We may terminate or suspend your account and access to the Service immediately, without prior notice, for any reason, including if you breach these Terms.
12.3 Effect of Termination
Upon termination, your right to use the Service will cease immediately. We may delete your account and User Content, though some information may be retained as required by law or for legitimate business purposes.
13. Governing Law
These Terms shall be governed by and construed in accordance with the laws of England and Wales, and any disputes shall be subject to the exclusive jurisdiction of the courts of England and Wales.
14. Changes to Terms
We reserve the right to modify these Terms at any time. We will notify you of any material changes by posting the new Terms on this page and updating the "Last updated" date. Your continued use of the Service after such changes constitutes acceptance of the new Terms.
15. Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
16. Entire Agreement
These Terms constitute the entire agreement between you and Market Ninja regarding the Service and supersede all prior agreements and understandings.
17. Agency and Client Relationships
17.1 Acting on Behalf of Third Parties. Market Ninja is a tool that enables you ("the Operative") to plan, create, manage, and report on marketing campaigns, including campaigns you manage on behalf of your own clients ("End Clients"). Where you use the Service to manage campaigns, accounts, or data belonging to an End Client, you represent and warrant that you have obtained all necessary authority, permissions, and consents from that End Client to do so.
17.2 No Contractual Relationship with End Clients. Market Ninja provides the Service to you, the Operative. We are not a party to any agreement between you and your End Clients. You are solely responsible for your relationships with your End Clients, including the services you provide to them, the fees you charge, the results you deliver, and any representations or guarantees you make to them.
17.3 Your Responsibilities. You are responsible for: (a) ensuring you have authority to access and manage any account, campaign, or data you connect to or manage through the Service; (b) all activity you carry out on behalf of End Clients through the Service; (c) complying with the terms of any third-party platform you connect (including Google Ads, Google Analytics, and Search Console); and (d) ensuring your use of the Service on behalf of End Clients complies with all applicable laws, including data protection and advertising regulations.
17.4 Indemnification for Client Activity. You agree to indemnify, defend, and hold harmless Market Ninja and Futureproof Digital Marketing Ltd from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from: (a) your management of End Client accounts, campaigns, or data through the Service; (b) any dispute between you and an End Client; (c) your lack of authority or consent to act on an End Client's behalf; or (d) any representation, guarantee, or commitment you make to an End Client.
18. Advertising Spend and Third-Party Costs
18.1 Ad Spend Is Not Our Fee. The Service may be used to manage paid advertising campaigns on third-party platforms such as Google Ads. Any advertising budget or spend ("Ad Spend") is separate from, and additional to, any fees you pay to Market Ninja for use of the Service. Ad Spend is paid directly by you or your End Client to the relevant advertising platform (e.g. Google), not to Market Ninja.
18.2 We Do Not Control Ad Spend. You are solely responsible for setting, monitoring, and managing all Ad Spend, budgets, and bidding. Market Ninja provides tools and guidance to assist you, but you retain full control of and responsibility for all advertising decisions. We are not responsible for, and accept no liability for, any Ad Spend, including any overspend, wasted spend, budget errors, or costs incurred through campaigns managed using the Service.
18.3 Billing and Payment for Ad Spend. You are responsible for ensuring that Ad Spend is billed to the correct account and payment method (which should be the account owner's or End Client's), and for all charges incurred on connected advertising accounts. Market Ninja does not process, hold, or take responsibility for Ad Spend payments.
19. No Guarantee of Results
18.1 Marketing Performance. Market Ninja provides tools, strategies, content, and campaign-management features. We do not guarantee any particular marketing outcome. Without limitation, we do not guarantee any specific search engine rankings, website traffic, impressions, clicks, leads, conversions, sales, return on investment, or campaign performance. Marketing results depend on numerous factors outside our control, including third-party platform behaviour, market conditions, competition, and how the Service is used.
18.2 AI-Generated and Automated Output. Content, strategies, keyword suggestions, estimates, and other output generated by the Service (including AI-generated and automated output) are provided as tools and suggestions only. Estimates (such as projected spend, reach, or return) are approximate and not guarantees. You are responsible for reviewing, verifying, and approving all output before it is used or published.
19. Third-Party Platforms and Services
19.1 Dependency on Third Parties. The Service integrates with and depends on third-party platforms and services, including Google (Google Ads, Google Analytics, Google Search Console) and others. Your use of these integrations is also subject to the respective third party's terms of service and policies.
19.2 Changes Outside Our Control. Third-party platforms may change, restrict, suspend, or discontinue their services, APIs, or access at any time, and may suspend or restrict individual accounts. We are not responsible for, and accept no liability for, any interruption, limitation, loss, or damage arising from a third-party platform's actions, changes, outages, policy changes, or account suspensions, including any resulting impact on your campaigns, data, or use of the Service.
19.3 Authorisation of Integrations. When you connect a third-party account to the Service, you authorise Market Ninja to access and process data from that account as described in our Privacy Policy, for the purpose of providing the Service. You may revoke this access at any time through the Service or through the relevant third-party platform.
20. Data Protection (Processing Relationship)
20.1 Roles. Where you use the Service to process personal data relating to your End Clients or their customers, you (and/or your End Client) act as the data controller, and Market Ninja acts as a data processor processing such data on your behalf and on your instructions, in accordance with applicable data protection law.
20.2 Data Processing Terms. Our processing of personal data on your behalf is governed by our Privacy Policy and, where applicable, a separate Data Processing Agreement. You are responsible for ensuring you have a lawful basis and all necessary consents to provide any personal data to the Service and to instruct us to process it.
20.3 Google User Data. Our access to and use of data obtained through Google APIs is governed by our Privacy Policy, including our commitment to the Google API Services User Data Policy and its Limited Use requirements.
17. Contact Information
If you have any questions about these Terms of Service, please contact us at:
Market Ninja
Email: hello@marketninja.ai
Website: www.marketninja.ai