Terms of Service

Effective Date: August 20, 2025
Last Updated: August 20, 2025

1. Agreement to Terms

A note before the legalese: Markmaker is built by one person who's also an artist. These terms exist to protect both you and us—but your creative work is yours, period. We won't claim it, train AI on it, or exploit it. The legal language below is necessary to operate, but our values are simple: respect artists, protect their work, stay sustainable.

By accessing or using Markmaker ("Service"), operated by Asunder ("we," "us," or "our"), 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.

Markmaker is a web-based graphics editor with cloud storage. The Service allows users to create, edit, and store digital artwork in the cloud.

2. Description of Service

Markmaker provides digital art creation tools, which may include:

  • Web-based graphics editing capabilities
  • Cloud storage for digital art projects
  • Project sharing and collaboration features
  • User authentication through third-party services
  • Various service tiers with different features and storage limits

Service features and capabilities may change over time as we develop and improve the platform.

3. Account Registration and Security

Account Creation

  • Accounts are created through third-party authentication services
  • You must comply with our authentication provider's terms of service
  • You are responsible for maintaining the security of your account
  • You must be at least 13 years old to use the Service

Account Termination

  • You may delete your account at any time
  • We may suspend or terminate accounts for violations of these Terms
  • Upon termination, your data will be deleted according to our Privacy Policy

4. Service Tiers and Usage Limits

We offer multiple service tiers with different features, storage limits, and capabilities:

Free Service

  • Basic functionality with limited storage and features
  • No subscription required

Enhanced Tiers

  • Additional storage and features
  • May require verification or subscription
  • Subscription fees and billing handled through third-party payment processors
  • Auto-renewal unless cancelled through the payment processor

Usage Limits and Enforcement

  • Each tier has specific storage, project, and file size limits
  • Content may become inaccessible if limits are exceeded
  • Users will receive notifications before approaching limits
  • Upgrading immediately increases available features and storage
  • We may modify tier structures, pricing, and limits with appropriate notice

5. Acceptable Use Policy

You agree NOT to use the Service to:

Prohibited Content and Activities

  • Upload illegal, harmful, threatening, or malicious content
  • Infringe on others' intellectual property rights
  • Upload or distribute prohibited content including CSAM (which we will report to authorities)
  • Spam, abuse, harass, or threaten other users
  • Upload content that violates applicable laws or regulations
  • Use automated tools to access the Service without permission
  • Attempt to gain unauthorized access to our systems or other users' accounts
  • Resell, redistribute, or sublicense the Service itself (you may commercialize your own creative work)
  • Use the Service in violation of applicable laws or regulations

Enforcement

  • We may remove prohibited content and suspend or terminate accounts for violations
  • Repeat violations may result in permanent account termination
  • We reserve the right to investigate and cooperate with law enforcement

6. Intellectual Property

Your Content

  • You retain all ownership rights to your projects and creative work
  • You may sell, license, or otherwise commercialize your creative work
  • You grant us a limited, non-exclusive license to:
    • Store, display, and process your content as necessary to provide the Service
    • Create thumbnails, previews, and backups for service functionality
    • Perform content moderation and security monitoring
    • Work with service providers for hosting, storage, and technical operations
  • We will not use your content for marketing purposes without your explicit consent
  • For shared or public projects, you grant other users appropriate viewing rights

Platform Rights

  • Our software, design, and trademarks remain our property
  • You may not copy, modify, or reverse engineer our platform
  • These Terms do not grant you ownership rights to our intellectual property

User Feedback

  • Feedback, suggestions, or ideas you provide about the Service may be used by us to improve Markmaker
  • We may implement such feedback without compensation or attribution, though we try to credit community contributions in release notes when practical

7. Copyright Protection

Copyright Policy

We respect intellectual property rights and comply with applicable copyright laws including the DMCA. We will respond to valid takedown notices and may terminate repeat infringers.

Takedown Procedure

If you believe content on our Service infringes your copyright, contact our designated agent:

Copyright Agent: [Contact information to be provided]

Include in your notice:

  1. Your contact information
  2. Description of the copyrighted work
  3. Location of the allegedly infringing content
  4. Statement of good faith belief that use is not authorized
  5. Statement of accuracy and authorization to act
  6. Your signature

Response and Counter-Notice

  • We will process valid takedown notices according to applicable law
  • Users may submit counter-notices if they believe content was removed in error
  • Counter-notices must meet legal requirements and consent to appropriate jurisdiction

Repeat Infringer Policy

We may terminate accounts of users who repeatedly infringe copyright.

8. Payment and Subscriptions

Payment Processing

  • Subscription billing is handled through third-party payment processors
  • Billing, refunds, and payment disputes follow the payment processor's policies
  • We may change payment methods with appropriate notice

Subscription Terms

  • Subscriptions automatically renew unless cancelled
  • Cancellation procedures follow the payment processor's requirements
  • Price changes will be communicated with advance notice
  • Refunds are generally not provided except as required by law

Service Changes

  • You may change subscription tiers subject to availability
  • Tier changes may affect available features and storage
  • Content may become inaccessible if new tier limits are exceeded

9. Privacy and Data Protection

Your privacy is important to us. Our data collection and use practices are described in our Privacy Policy, which is part of these Terms.

Key commitments:

  • We do not sell your personal data to advertisers
  • We will not use your creative work to train AI models without your explicit permission
  • You maintain control over your content sharing and visibility

10. Service Availability

Service Provision

  • We provide the Service on an "as available" basis
  • Service may be interrupted for maintenance, updates, or technical issues
  • We are not liable for losses due to service interruptions

Service Changes

  • We may modify, update, or discontinue features at any time
  • Significant changes will be communicated with reasonable notice
  • If we discontinue the Service, we will provide notice and time for data export
  • Continued use constitutes acceptance of changes

Beta Features

  • Some features may be experimental or in testing phases
  • Beta features are provided without warranties or support guarantees
  • Beta features may be modified or discontinued

11. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES INCLUDING:

  • MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE
  • UNINTERRUPTED OR ERROR-FREE OPERATION
  • SECURITY OR FREEDOM FROM TECHNICAL ISSUES
  • ACCURACY OR RELIABILITY OF CONTENT
  • COMPATIBILITY WITH YOUR SYSTEMS

This disclaimer is an essential part of these Terms.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

  • WE ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
  • OUR TOTAL LIABILITY IS LIMITED TO THE GREATER OF: (A) AMOUNTS PAID FOR THE SERVICE IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) $100
  • WE ARE NOT LIABLE FOR DATA LOSS, BUSINESS INTERRUPTION, OR LOST PROFITS
  • YOU SHOULD REGULARLY BACKUP YOUR WORK
  • SOME JURISDICTIONS MAY NOT ALLOW THESE LIMITATIONS

These limitations are an essential basis of our agreement.

13. Indemnification

You agree to indemnify and hold us harmless from claims, damages, and expenses (including reasonable attorney fees) arising from:

  • Your use of the Service
  • Your violation of these Terms
  • Your violation of third party rights
  • Content you upload or share
  • Your breach of representations made herein

This obligation survives termination of your account or these Terms.

14. Dispute Resolution

Why this section exists: We'd rather talk than litigate. Arbitration keeps disputes faster and cheaper for everyone—including individual artists who can't afford prolonged court battles against us (or vice versa). We're not hiding behind this to avoid accountability; we're trying to make resolution accessible. If you disagree with arbitration, you can opt out within 30 days.

Informal Resolution

Please contact us first to resolve disputes informally. We are committed to good faith resolution.

Binding Arbitration

Disputes will be resolved through binding arbitration under established arbitration rules, except for:

  • Small claims court matters
  • Injunctive relief for intellectual property protection
  • Challenges to the arbitration provision itself

Arbitration Terms

  • Arbitration will be conducted in Delaware
  • Decisions are final and binding
  • You may represent yourself or use counsel
  • Each party bears their own costs unless the arbitrator awards fees

Class Action and Jury Waiver

What this means: You agree to resolve disputes with us individually rather than as part of a class action. We know this clause has been abused by large corporations to silence consumers—that's not our intent. As a one-person operation, class action litigation could bankrupt the project before any case is heard, ending Markmaker for everyone. This protects our ability to keep building.

YOU AGREE TO RESOLVE DISPUTES INDIVIDUALLY. YOU WAIVE RIGHTS TO:

  • CLASS ACTION PARTICIPATION
  • JURY TRIAL
  • JOINING OR CONSOLIDATING CLAIMS

Opt-Out

You may opt out of arbitration by written notice within 30 days of accepting these Terms. Include your name, contact information, and statement opting out of arbitration.

15. Governing Law and Jurisdiction

These Terms are governed by Delaware state and federal law. For non-arbitrated disputes, you consent to exclusive jurisdiction in Delaware state or federal courts.

16. General Provisions

Assignment

We may assign these Terms without your consent. You may not assign without our written consent.

Force Majeure

We are not liable for delays or failures due to causes beyond our reasonable control.

Severability

If any provision is unenforceable, remaining provisions continue in effect.

No Third-Party Beneficiaries

These Terms create no third-party rights except as expressly stated.

Survival

Appropriate provisions survive termination.

Entire Agreement

These Terms and our Privacy Policy constitute the complete agreement between us.

Waiver

Our failure to enforce provisions does not constitute waiver.

17. Changes to Terms

We may update these Terms periodically with appropriate notice:

  • Material changes require advance notification
  • Significant changes may require explicit acceptance
  • Continued use constitutes acceptance of updates

18. Contact Information

For questions about these Terms, contact us at [email protected]

By using Markmaker, you agree to these Terms of Service.