Terms of use

These TERMS AND CONDITIONS (the “Terms”) constitute a legally binding agreement between on the one hand Marketer.com AS (formerly Metric) and its subsidiary Metric Technologies US Corp. (“Company,” “We,” “Us,” or “Our”) and on the other registered business individual (sole proprietorship) or business entity accessing or using the Service (as defined below) upon acceptance of these Terms (“You” or “Your”).

PLEASE READ THESE TERMS CAREFULLY. By accessing or using the Service and by clicking the box indicating that You accept or agree to these Terms, You acknowledge and warrant that You meet the eligibility requirements outlined herein, have read and understood these Terms, and are legally bound by them. You further confirm and warrant that You are legally capable of entering into this agreement.

Your access to and use of the Service is conditioned upon You being at least 18 years of age. These Terms apply to all visitors, users, and others who access or use the Service.

If these Terms have been translated for Your convenience, You agree that this original English version shall prevail in the event of any dispute or discrepancy.

1. Scope of These Terms

These Terms govern Your rights and obligations as a user of the software program provided by Us, known as the Marketer.com App (the “Application”), and the Marketer.com Website accessible at Marketer.com (the “Website”), collectively referred to as the “Service.” The Service includes, and these Terms therefore apply to:

• The purchase of a subscription for access to the Service (“Subscription”);
• Any order of goods or services offered through the Service (“Orders”); and
• Your use of the Service initiated via the Website.

The Service may include contests, sweepstakes, or other promotions (“Promotions”). Promotions are from time to time governed by separate terms and conditions, which will prevail over these Terms as concerns Promotions and if there is any inconsistency.

2. The Service

2.1 Description of the Service

The Service, comprising the Application and Website, is provided on a Software-as-a-Service basis. Functionality may vary depending on, for example, updates, versions, or Subscription plans. Subject to Your compliance with these Terms and being paid up on all payments, We grant You a non-exclusive, non-sublicensable, and non-transferable right to access and use the Service.

The Service includes features described on the Website, such as, but not limited to:

• AI-powered product photo enhancement;
• Support and in-app assistance;
• Integrations with social media platforms;
• AI-powered copywriting; and
• AI-generated campaign suggestions.

The Service may also offer items, services, or subscriptions available for purchase (“In-app Purchases”), subject to these Terms and, where applicable, the terms and conditions of the Apple App Store (the “App Store”).

We continually update the Service’s features. Information about features, including pricing, descriptions, or availability, may occasionally be inaccurate, mispriced, or unavailable. We reserve the right to correct errors, update information, or modify offerings at any time without prior notice. We do not guarantee the accuracy or completeness of such information.

2.2 Access to the Service

The Application is available for download from the App Store or at app.Marketer.com or as is otherwise informed by us at www.marketer.com website.

2.3 Accounts

To use the Service, You must create a unique account (“Account”) with Us. When creating an Account, You agree to provide accurate, complete, and current information. You are responsible for:

• Safeguarding Your password and all activities under Your Account;
• Not disclosing Your password to third parties or persons unconcerned; and
• Notifying Us immediately at support@Marketer.com of any security breach or unauthorized use of Your Account.

Usernames must be appropriate, hereunder not:

• Impersonate another person or entity;
• Infringe on any third-party rights (e.g., trademarks); or
• Be offensive, vulgar, or obscene.

2.4 Your Ad Platforms - Set Up

All Your ad platform/social media accounts used to run the Services, such as, for example (and subject to change), Google and Meta, must be set up correctly, completely, and error-free.

Meta set up elements:

• Business Account / Portfolio
• Facebook Page
• Meta Pixel/Dataset

Google set up elements:

• Google Analytics 4
• Google Merchant Center

Incorrect or lacking set up of Your ad platform/social media accounts may hinder, delay, or affect the Services, hereunder result in adverse reactions such as suspensions or other forms of restrictions.

2.5 Content

2.5.1 Your Right to Post Content

The Service allows You to post text, images, or other materials (“Content”). You are solely responsible for the legality, reliability, and appropriateness of Your Content. By posting Content, You grant Us a non-exclusive, royalty-free/paid up, perpetual, irrevocable, and fully sublicensable right to use, modify, display, reproduce, and distribute such Content through the Service and to use this for general corporate purposes and marketing. This license includes the right to make Your Content available to other users, subject to these Terms.

You represent and warrant that:

• You own the Content or have the right to use it and grant Us the license described above; and
• Your Content does not violate any third-party rights, including privacy, publicity, or intellectual property rights.

2.5.2 Content Restrictions

You may not post Content that is:

• Unlawful, offensive, threatening, defamatory, obscene, or otherwise objectionable, including to Marketer.com partners such as Meta, Google, Stripe etc;
• Discriminatory or mean-spirited (e.g., targeting religion, race, gender, or other protected groups);
• Spam, unsolicited advertising, or gambling-related; or
• Designed to disrupt or damage the Service or third-party and network systems (e.g., viruses, malware or able to trigger adverse reactions such as suspensions ).

We reserve the right, but not the obligation, to at any time review, refuse, or remove Content at Our sole discretion.

2.5.3 Content Backups

We perform regular backups of Content but do not guarantee against data loss or corruption. While We will attempt to resolve issues affecting backups, We are not liable for the integrity of Content or failure to restore it to a usable state.

3. Payment and Payment Terms

3.1 Subscription Billing

Subscription fees are billed in advance on a recurring basis (e.g., daily, weekly, monthly, or annually), depending on Your selected Service. You must provide accurate and complete billing information, including a valid payment method. If automatic billing fails, We will issue an invoice requiring manual payment by a specified deadline.

For Subscriptions purchased via In-app Purchases, billing is managed by the App Store and subject to its terms.

3.2 In-app Purchases

In-app Purchases typically require a one-time payment. You may need to provide payment details (e.g., credit card information) to complete such transactions. By submitting this information, You authorize Us to share it with third-party payment processors. We may impose additional fees for payment processing when applicable.

3.3 Ad Spend and Marketer.com Wallet Payments

All payments for advertising spend or to the "Marketer.com Wallet" are used on Your behalf to purchase digital advertising through third-party networks, including but not limited to Meta and Google. Once these funds are allocated to third-party networks, they are non-refundable by and to Us, as We do not control or manage these funds after they are transferred to such networks for Your marketing campaigns. You acknowledge and agree that:

• Funds deposited to the Marketer.com Wallet or allocated for ad spend are immediately used to execute bespoke digital advertising on Your behalf;
• Such funds cannot be refunded to or by Us once advertising services are initiated on third-party networks; and
• You are solely responsible for ensuring compliance with the terms and policies of these third-party networks.

3.4 Subscription Refunds and Cancellation Policy

Subscription fees for the current billing period (e.g., the current month) are non-refundable. Prepaid subscriptions for extended periods (e.g., 3, 6, or 12 months) are also non-refundable. You may cancel Your Subscription to prevent future payments, provided there is no binding period, by contacting Our CSM team at support@Marketer.com. Upon cancellation, You may continue using the Service until the end of the current billing period. For In-app Purchase Subscriptions, cancellations and refund requests must be directed to the App Store and are subject to its policies.

3.5 Fee Changes

3.5.1 Subscription Fees

We may modify Subscriptions, product names, set ups and fees at Our discretion. Material changes take effect at the end of Your current Subscription period, with reasonable prior notice provided. Continued use of the Service after a fee change constitutes Your final and irrevocable agreement to such changes, hereunder the new fee.

3.5.2 In-app Purchases

Prices for In-app Purchases may change at Our discretion with immediate effect.

3.6 Deposit Funds, Right of Withdrawal, and Chargeback Policy

The Services are digital, bespoke, and made to order for You. By depositing funds on the Marketer.com platform (“Deposit Funds” and the “Platform”) and/or using the Service and generating/purchasing advertising spend (e.g., campaigns, placements, or automated marketing services) as part of the Services, You have irrevocably agreed to the following specific terms:

3.6.1 Deposit and Usage of Funds

- Immediate Allocation: All Deposit Funds may and typically will be allocated to purchase bespoke digital advertising on Your behalf across third-party ad networks (e.g., Meta, Google, etc.) promptly. Services executed on third-party platforms cannot be reversed or reclaimed from these.

- Non-Refundable: All Deposit Funds are non-refundable once advertising Services are initiated.

3.6.2 Chargeback Prohibition

• Voluntary Payment: You represent and warrant that You are authorized to use the payment method submitted and that all transactions are made knowingly and voluntarily. You agree not to initiate a chargeback, reversal, or payment dispute with Your bank or payment provider (e.g., Stripe, credit card issuer, or bank) for any Deposit Funds or advertising spend processed through the Service, except as explicitly provided in the “Unauthorized Transactions” bullet below.
• Unauthorized Transactions: If You believe a charge by Us is the result of actual fraud or is an unauthorized transaction (e.g., if Your card was used without Your knowledge and consent), You must contact Us immediately at support@Marketer.com. We will investigate in good faith. This section does not limit Your rights to dispute fraudulent charges directly with Your payment provider where such fraud is attributable to unauthorized use of Your payment method without Your knowledge and not undertaken by You.
• Pre-Authorization: By submitting payment for Deposit Funds or advertising spend, You authorize Us to charge Your selected payment method for the agreed-upon amounts, including payment triggered by Your actions under section 3.6.4.

3.6.3 Consequences of Improper Chargebacks

Initiating a chargeback or payment dispute in violation of this Section 3 and these Terms constitutes a material breach of these Terms. In such event, We reserve the right to:

• Immediately suspend or terminate Your Account;
• Recover any Deposit Funds, advertising costs, and any other costs incurred on Your behalf;
• Seek reimbursement for any chargeback fees, bank fees, or related expenses (e.g., $15 per dispute imposed by Stripe), including reasonable attorneys’ fees; and
• Pursue legal remedies to the fullest extent permitted by law, hereunder by offsetting.

You agree to reimburse Us for the full amount of the disputed ad spend, plus any associated fees or costs, and to indemnify Us for any legal or administrative expenses arising from the chargeback.

3.6.4 Dispute Resolution

• Contact Us First: If You have concerns of any kind about Your Services, the results achieved, or believe You have been charged fraudulently or incorrectly, You must notify Us first and immediately, and at the very latest within 72 hours of the campaign’s completion, at support@Marketer.com to initiate a resolution of Your issue. Your notice to Us shall set forth Your reasons for filing a dispute and, if relevant for Your claim, Your evidence in support of the issue raised. You are strictly obliged to file such notice timely and in full and thereafter also attempt in good faith to resolve any and all disputes directly with Us before seeking any form of third-party intervention.
• Documentation of Services: We maintain records (e.g., campaign logs, timestamps, and performance reports) that explicitly demonstrate in particular how and when Your Services were agreed, initiated, and the ad spend was used. You acknowledge and agree that these records shall serve as the sole, conclusive, and binding evidence in any dispute, chargeback proceeding, or challenge concerning the details contained within them.
• Waiver of Chargeback: You waive Your right to pursue a chargeback in case of a delayed or faulty notice by You to Us and in case of You not carrying out the stated good faith resolution attempts as set out above.

3.6.5 Representation and Warrant

By making Deposit Funds available or proceeding with our Services and related advertising purchases, You represent and warrant that:

• You have read and understood this Section 3.6;
• You voluntarily waive any statutory or contractual right of withdrawal to the fullest extent permitted by law;
• You accept that no refunds will be provided once advertising services begin; and
• You understand that initiating a chargeback contrary to this Section 3.6 will lead to Account suspension or termination and liability for associated fees and damages.

4. Subscription Period and Cancellation

4.1 Subscription Period

Certain features of the Service require a paid Subscription. Unless canceled, Your Subscription will automatically renew under the same terms. We may offer a Free Trial, requiring billing information but no charge until the trial ends. If not canceled before the trial expires, You will be charged the applicable Subscription fee.

4.2 Cancellation

You may cancel Your Subscription renewal by contacting Our CSM team at support@Marketer.com or via your Stripe portal. No refunds will be issued for the current Subscription period, including prepaid 3, 6, or 12-month subscriptions, but You may continue using the Service until the period ends. For In-app Purchase Subscriptions, cancellations must be filed and processed through the App Store.

5. Intellectual Property Rights

All Intellectual Property Rights in the Service, its features, and original content (excluding user-provided Content) are owned by Marketer.com AS and its licensors. “Intellectual Property Rights” include copyrights, trademarks, patents, trade secrets, software, and other proprietary rights, whether registered or unregistered. You may not use these rights without Our prior written consent, except as explicitly licensed for use of the Services under these Terms.

If We infringe a third party’s Intellectual Property Rights, We may terminate these Terms immediately. Copyright infringement claims should be submitted to IP@Marketer.com with a detailed description of the alleged violation.

6. Your Feedback

You assign all rights, title, and interest in any feedback, suggestions, or innovations You provide regarding the attributes, performance, or features of the Service. If such assignment is not enforceable, You grant Us a non-exclusive, perpetual, irrevocable, royalty-free, worldwide license to use, reproduce, disclose, sublicense, distribute, modify, and exploit Your feedback without restriction.

7. Indemnification

You agree to indemnify and hold Us (including directors, officers, employees, and agents) harmless from any third-party claims arising from:

• Your use of the Service;
• Your Content or data; or
• Your breach of these Terms, including violations of the Chargeback Policy under Section 3.6.

We agree to indemnify You against claims directed at You on the basis that Our proprietary technology infringes U.S. patents or other intellectual property rights. Each party must promptly notify the other of claims and assist in their defense. Settlements requiring liability from the indemnified party require prior written consent.

8. Disclaimer/No Warranty

The Service is provided “AS IS” and “AS AVAILABLE,” with all faults and defects. We disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, or non-infringement. We do not guarantee that the Service will be error-free, always available, or free from data loss or technical issues. We make no representations or guarantees regarding the benefits or results You may achieve from using the Service.

You acknowledge that Content on the Service may be offensive or inaccurate, and We are not liable for any resulting loss or damage.

8.1 Limitation of Liability for Third-Party Platform Actions

The Service integrates with third-party platforms, including but not limited to Google Ads, Meta (Facebook and Instagram Ads), and Shopify and their payment solution providers (e.g., Stripe, banks, credit card providers) (collectively, “Third-Party Platforms”), to provide automated marketing, advertising, and payment services. While We strive to optimize Your campaigns in accordance with industry practices, You acknowledge and agree that:

• Third-Party Platform Autonomy: We do not own, operate, or control Third-Party Platforms. Decisions regarding account suspensions, restrictions, or other actions due to perceived suspicious activity, policy violations, or any other reason are solely at the discretion of the respective Third-Party Platforms and beyond Our remedy, influence, or authority.
• No Liability for Suspensions: We shall not be held liable for any direct, indirect, incidental, consequential, or exemplary damages, losses, or costs (including but not limited to loss of revenue, profits, data, or business opportunities) arising from the suspension, restriction, or termination of Your account(s) on Third-Party Platforms, whether such actions result from Your use of the Service, Your provided Content, payment issues, or independent actions by the Third-Party Platforms for whatever reason.
• Your Responsibility: You are solely responsible for ensuring compliance with all applicable policies, terms of service, and guidelines of Third-Party Platforms, including but not limited to payment practices, content standards, and account setup and management. We do not and can not guarantee uninterrupted access to Third-Party Platforms or the prevention of account restrictions, suspensions or deletions.
• Indemnification: You agree to indemnify, defend, and hold harmless the Company, its affiliates, officers, employees, and agents from any claims, liabilities, damages, or expenses (including reasonable legal fees) arising out of or related to the suspension or termination of Your Third-Party Platform account(s) and solutions, except where such suspension is directly and solely attributable to Our evidenced gross negligence or willful misconduct.
• Hardship: We shall not be liable for any failure or delay in performance of the Service resulting from actions or decisions by Third-Party Platforms, which are considered events beyond Our reasonable control.

9. Breach of Agreement

A breach occurs if either party fails to meet its obligations under these Terms. The breaching party must remedy the breach within five (5) days. Temporary issues with Service accessibility or performance do not constitute a breach if We attempt to resolve them adequately and promptly.

For material breaches, including but not limited to violations of the Chargeback Policy under Section 3.6, the non-breaching party may terminate these Terms with immediate effect if the breach remains unremedied thirty (30) days after written notice. We may suspend or terminate Your Account immediately for material breaches, including non-payment or violation of third-party terms.

10. Limitation of Liability

Neither party is liable for indirect, incidental, special, or consequential damages (e.g., loss of profits or data), even if foreseeable. Our maximum liability per 12-month period is limited to the amount You paid through the Service, or $100 USD if no payment was made. In jurisdictions where limitation of liability for consequential or incidental damages is not permitted, Our liability is limited to the maximum extent permitted by applicable law. This limitation does not apply to damages from fraud, gross negligence, or intentional misconduct, or to Your obligations under the Chargeback Policy in Section 3.6.

11. Personal Data

We process personal data in compliance with U.S. federal and state laws, the GDPR, and other applicable privacy regulations. Details are available in Our Privacy Policy at Link.

12. Links to Third-Party Websites

The Service may contain links to third-party websites, infrastructure, or services not owned or controlled by Us. We have no control over and assume no responsibility for the content, privacy policies, or practices of such third-party websites or services. You acknowledge and agree that We shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services. You should review the terms and privacy policies of any third-party websites or services before use.

13. Miscellaneous

13.1 Confidentiality

You agree to keep these Terms, the terms of Your Subscription, and any business dealings or other information of a private or confidential nature confidential, except as required by law or with Our prior written consent.

13.2 Force Majeure

Neither party shall be liable for any delay or failure to perform its obligations under this Agreement (except for payment obligations) if such delay or failure results from events beyond its reasonable control, including but not limited to: acts of God, natural disasters (e.g., earthquakes, floods, hurricanes), pandemics, epidemics, government restrictions or orders, war, terrorism, civil unrest, strikes, labor disputes, power outages, internet or telecommunications failures, cyberattacks, or supply chain disruptions (collectively, "Force Majeure Events"). The affected party shall promptly notify the other party in writing of the Force Majeure Event, including its anticipated duration and impact. If a Force Majeure Event prevents performance for more than thirty (30) days, either party may terminate this Agreement by providing written notice, and neither party shall be liable for damages arising from such termination, provided all undisputed payment obligations accrued prior to the event are fulfilled.

13.3 Changes to These Terms

We may modify these Terms at Our discretion. Material changes will be notified at least 30 days in advance. Continued use after changes take effect constitutes acceptance. If You disagree, discontinue using the Service.

13.4 Governing Law and Dispute Resolution

These Terms are governed by the laws of Norway. Disputes must be resolved exclusively in the Norwegian courts and both parties consent to their jurisdiction and venue.

13.5 Contact Us

For questions, contact Us at terms@Marketer.com.

13.6 Google Workspace

The use of raw or derived user data received from Workspace APIs will adhere to the Google User Data Policy, including the Limited Use requirements.