Terms of Service

In these Terms, unless the context otherwise requires:

• "Markup" means Markup Inc., a Delaware corporation.
• "Content" means any text, graphics, images, audio, video, data, or other materials uploaded, posted, or otherwise made available through the Platform.
• "Platform" means the tday website, applications, and related services.
• "Services" means the services provided by Markup through the Platform.
• "User" means any individual or entity that accesses or uses the Platform.
• "User Content" means any Content that a User uploads, posts, or otherwise makes available through the Platform.

2.1 Age Requirement: You must be at least 18 years of age to use the Platform. If you are under 18, you may only use the Platform with the involvement and consent of a parent or guardian.

2.2 Where the Platform is Available: The Platform is available worldwide. You may not use the Platform if you are located in, or a resident of, a country or region we are prohibited from serving under applicable sanctions or export control laws, or if you are a person we are prohibited from dealing with under those laws.

2.3 Accurate Information: You agree to provide accurate, current, and complete information when creating an account and to update such information as necessary.

2.4 Account Security: You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

2.5 Right to Revoke Access: We reserve the right to refuse service, terminate accounts, or revoke access to the Platform at our sole discretion, without prior notice or liability.

3.1 Commencement: These Terms commence on the date you first access or use the Platform.

3.2 Renewal: A paid plan renews automatically at the end of each billing period until it is cancelled. Your billing period, your next renewal date and the amount of your next charge are shown on your billing page.

3.3 Cancellation: You can cancel a paid plan at any time from your billing page. Your plan stays active until the end of the billing period you have already paid for, and then moves to the Free plan. You can also close your account entirely by emailing us at support@tday.com.

3.4 Free Trials: We may offer a free trial of a paid plan. A trial runs for the period we state when you start it, no payment details are required to start one, and it does not become a paid plan by itself. One trial is available per person. We may refuse or end a trial where we reasonably believe that more than one has been taken by the same person, or that a trial was started by automated means. When a trial ends, any trial credits you have not used end with it, your account moves to the Free plan, and the Free plan published on our pricing page applies from that point.

4.1 Subscription Fees: Service fees, and the credits each plan includes, are set out on our pricing page. All fees are in US dollars and are exclusive of sales tax, VAT, GST and any similar tax. Where such a tax applies to your purchase, you are responsible for it in addition to the fee.

4.2 Chargebacks: Where you dispute a payment with your bank or card issuer and the dispute is not upheld, we may recover the fee our payment provider charges us for that dispute. We recover that cost only, and we will tell you the amount.

4.3 Changes to Fees: We may change our fees. Where a change affects a plan you are on, we will give you at least 14 days' notice and the change takes effect at your next renewal.

4.4 Disclosure: We will disclose all forms of remuneration, fees, and charges applicable to your use of the Services.

5.1 Credits: Every plan counts what the Platform makes for you, such as images, videos and launch videos, in credits. Most plans include a number of credits, which are added at the start of each billing period, or each calendar month on the Free plan, and are shared by everyone in your organisation. A plan our pricing page describes as having no credit limit includes no set number: its use is still counted in credits, and the fair use clause at the end of this section applies to it. How many credits each plan includes, and how many credits each action costs, are published on our pricing page. The Platform shows what an action costs before you start it.

5.2 Spending Credits: Credits are set aside when an action starts and spent when it finishes. If an action fails, we return its credits to your balance. Everything the Platform makes for you spends credits at the price published on our pricing page, including posts we make for you each day, unless that page says the action is free.

5.3 Rollover and Expiry: Credits included with a paid plan are for the billing period they are added for. Unused credits do not roll over: they expire when that period ends, and the next period starts with that period's credits. Credits included with a contract do not roll over either, unless your contract says otherwise. Free plan credits expire at the end of the month they are given for. Trial credits expire when the trial ends, including when you move to a paid plan before it ends. Credits we give you outside a plan, for example through a referral or a promotion, expire after the period published on our pricing page or stated when we give them. Expired credits are removed from your balance and cannot be restored.

5.4 Changing Plans, Cancelling and Refunds: If you move to a higher plan, we add its extra credits for the rest of your billing period straight away. If you move to a lower plan, the change and its credits take effect at your next renewal. If you cancel a paid plan, its credits end with the billing period you have already paid for. If all or part of a payment is refunded or reversed, we may remove the same share of the credits it paid for, up to the credits from that payment that remain.

5.5 Credits Are Not Money: Credits have no cash value. They cannot be exchanged for cash and are not refundable, except where the law requires otherwise. Credits belong to your organisation's account and cannot be sold or transferred to anyone else.

5.6 Running Out of Credits: What happens when your balance cannot cover an action depends on your plan, and our pricing page says which applies to your plan. On some plans, new actions wait until your credits refresh or you move to a higher plan. On others, you may go below zero by an amount published on our pricing page, and that amount is taken from the credits your next billing period adds. On a plan with no credit limit, actions are not refused for credits, subject to fair use (below). Usage under a contract is set by that contract. We do not charge you money when you run out of credits, and we would tell you before that changed.

5.7 Changes to Credit Prices: We may change how many credits an action costs, how many credits a plan includes, and the other credit limits published on our pricing page, such as how many credits you can hold, how long granted credits last and how far a plan may go below zero. Where a change reduces what a plan you are on provides, we will give you the same notice as for a change to our fees. A smaller plan grant takes effect at your first renewal after that notice, and any other reduction takes effect when that notice ends. A change that only adds to what a plan provides may take effect straight away. An action is always charged at the price shown when you start it.

5.8 Acceptable Use: You agree to use the Platform only for lawful purposes and in accordance with these Terms. You must not use the Platform in any way that could damage, disable, overburden or impair it, or interfere with anyone else's use of it.

5.9 What You Must Not Do: You must not create accounts or start free trials by automated means, take more than one free trial, or open extra accounts to collect more credits than your plan includes. You must not generate at a volume or a rate that a person could not reach through the interfaces and APIs we provide. You must not share your account credentials, use one plan to provide the Services to people or organisations that the plan does not cover, or resell the Services. You must not work around a credit balance, a plan limit, a product mark or a fee. You must not attempt to reach another customer's brand, content or account.

5.10 If This Section Is Breached: Where we reasonably believe this section has been breached, we may pause generation, remove credits obtained through the breach, suspend your account, or end a free trial or a plan. Where it is practical to do so, we will contact you first.

5.11 Fair Use on Plans Without a Credit Limit: A plan our pricing page describes as having no credit limit is for the use that the people on its seats would reasonably make for the brands the plan covers, and every action on it is still counted in credits. If we believe an account's use of such a plan goes beyond fair use, we may end that plan, or your access to it, at any time. If we do, we will refund in full the fee you paid for the plan's current billing period, and your account moves to our free plan. We do not charge you money for going over fair use.

6.1 User Content: You retain ownership of your User Content. By uploading or posting User Content, you grant Markup a perpetual, non-exclusive, royalty-free, irrevocable, worldwide licence to use, reproduce, modify, adapt, publish, translate, and distribute your User Content in connection with providing the Services.

6.2 Content Responsibility: You are solely responsible for your User Content. You represent and warrant that you have all necessary rights to upload and share your User Content and that it does not violate any laws or infringe any third-party rights.

6.3 Prohibited Content: You agree not to attempt to upload, create or share Content or media that is unlawful, harmful, threatening, abusive, defamatory, obscene, or otherwise objectionable.

7.1 Service Provision: We will provide the Services with reasonable care and skill. We do not guarantee that the Services will be uninterrupted or error-free.

7.2 Error Rectification: We will use reasonable efforts to rectify errors in the Services. Our total liability for any claim arising from or related to the Services is limited to the greater of US$1,000 and the fees paid in the twelve months before the event giving rise to the claim.

7.3 Maintenance: We may perform scheduled maintenance that temporarily affects access to the Services. Where possible, we will provide at least 7 days' notice of planned maintenance.

7.4 Compliance: You agree to comply with all applicable laws and regulations, including anti-money laundering and counter-terrorism financing laws.

Neither party will be liable for any failure or delay in performing their obligations where such failure or delay results from circumstances beyond the reasonable control of that party, including but not limited to natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation, facilities, fuel, energy, labour, or materials.

The affected party must give notice of such event and use reasonable efforts to mitigate its effects.

9.1 Data Licence: You grant Markup a perpetual licence to access, use, and process your data as necessary to provide the Services. This licence survives termination of these Terms.

9.2 Security Practices: We implement industry-standard security measures to protect your data. We will disclose our security practices upon request.

9.3 Intellectual Property: All intellectual property rights in the Platform, including software, designs, and trademarks, remain the property of Markup. You are granted a limited, non-exclusive, non-transferable licence to use the Platform in accordance with these Terms.

9.4 AI Providers: The Services use AI models run by third-party providers, such as OpenAI, Anthropic, Google and ElevenLabs. To provide the Services, we send these providers the data a task needs, which may include your User Content, your brand details, the prompts and instructions you give us, and the content of any repository you connect. We use these providers on terms that do not allow them to train their models on what we send, and where a provider offers that as a setting we turn it on. We may use your User Content ourselves to run, secure, support and improve the Services, including to test and compare the models we use.

9.5 Connected Repositories: If you connect a code repository, you authorise us to read it, including its code and its pull or merge requests, and to take the actions in it that you turn on, such as commenting on pull requests. To run, record and describe your product, we may copy the repository to our servers for as long as the job that needs it runs. We do not keep a copy of your repository after that job ends. We keep what the Services make from it, such as summaries, feature lists, videos and design components, the details of the repository and its pull or merge requests, the settings you give us to run it, and records of that work, which may include parts of your code.

10.1 Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

10.2 No Warranty: The Services are provided "as is" and "as available" without warranties of any kind, either express or implied, to the fullest extent permitted by law.

10.3 Amendments: We may amend these Terms at any time by posting the revised Terms on our website. We will provide at least 14 days' notice of material changes. Your continued use of the Platform after such changes constitutes acceptance of the revised Terms.

10.4 Relationship: Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and Markup.

10.5 Governing Law: These Terms are governed by the laws of the State of Delaware, United States, without regard to its conflict-of-laws rules. You agree to submit to the exclusive jurisdiction of the courts of the State of Delaware.

10.6 Termination: Either party may terminate these Terms for convenience with 30 days' written notice. Upon termination, any fees paid are non-refundable except as required by law.

10.7 Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and Markup regarding your use of the Platform.

If you have any questions about these Terms, please contact us: