Last Updated: [●]
These Terms of Service (the "Terms") govern access to and use of the website located at marketcraft.ai and any related pages, content, tools, and features offered under the MarketCraft brand (collectively, the "Site"). The Site is provided by Khateeb & Co LLC, a California limited liability company (the "Company"), doing business as "MarketCraft" ("MarketCraft"). MarketCraft is a brand operated by the Company, which is the legal entity entering into these Terms with users. By accessing or using the Site, you agree to be bound by these Terms. Where the Site presents an "I agree" button, checkbox, or other mechanism to indicate acceptance (for example, when creating an account, submitting a form, or purchasing a course), your acceptance will be explicit and recorded. The Site primarily targets business users. These Terms apply to all website visitors, prospective clients, and any users of on-site tools or self-serve offerings (including any future digital courses). Questions may be directed to team@marketcraft.ai. No mailing address is provided in these Terms.
MarketCraft is a brand operated by the Company in California, USA. The Site currently provides general information about MarketCraft’s marketing and consulting services, supports lead generation through contact forms and inquiries, and may display case studies, testimonials, and client logos. In the future, MarketCraft may make available digital courses and other self-serve digital offerings for business customers, as well as AI-powered tools or interactive features hosted on or accessible via the Site (together with the Site, the "Services").
These Terms govern your access to and use of the Site and any on-site tools, content, and self-serve purchases that may be offered. Any custom consulting or agency services, including those provided under proposals, statements of work, or master service agreements (each, an "MSA"), are governed by separate written agreements. If there is a conflict between these Terms and an MSA, the MSA will control as to service deliverables and intellectual property ownership for client projects.
The Services are intended primarily for business users. If you are accessing or using the Services on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms, and "you" will refer to that entity. The Services are not intended for children under 13 years of age, and you may not use the Services if you are under 13. You represent and warrant that you have the legal capacity to enter into a binding contract in your jurisdiction and that you are not barred from using the Services under applicable laws or sanctions programs.
If account functionality is made available, you may be required to create an account (an "Account") to access certain features, including Courses or tools. You agree to provide accurate, current, and complete information when creating an Account and to keep such information updated. You are responsible for safeguarding your login credentials and for all activities that occur under your Account. You may not share credentials with any other person. If seat-based access is sold, each seat is for a single named user only, and sharing or reuse of seats is prohibited. MarketCraft may, in its discretion, close, suspend, or reclaim usernames or Accounts that violate these Terms or infringe the rights of others.
Subject to these Terms, MarketCraft grants you a limited, revocable, nonexclusive, nontransferable right to access and use the Services for legitimate internal business purposes ("Permitted Use"). You agree not to:
(a) use the Services for any unlawful, infringing, deceptive, defamatory, harassing, harmful, or abusive purpose, or in violation of any applicable law or regulation;
(b) send spam or unsolicited communications; attempt to probe, scan, or test the vulnerability of the Services or any related system or network; or circumvent any security or authentication measures;
(c) use any automated means, including bots, scrapers, crawlers, or data mining tools, to access, extract, download, or index content from the Services without MarketCraft’s prior written permission; conduct load testing or stress testing without prior written consent; or otherwise interfere with or disrupt the operation of the Services;
(d) reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or underlying components of the Services, except to the limited extent such restrictions are prohibited by applicable law;
(e) upload, transmit, or introduce any virus, worm, malware, or other malicious code; or interfere with servers or networks connected to the Services;
(f) use any content from the Services to train, fine-tune, or improve artificial intelligence or machine learning models without MarketCraft’s express prior written permission;
(g) collect, submit, or transmit sensitive personal data through general Site features, including but not limited to health information, financial account numbers, government-issued identification numbers, or personal information of children;
(h) violate, or encourage violation of, export control or sanctions laws, as further addressed in Section 20.
MarketCraft reserves the right to investigate violations and to enforce these Terms, including by suspending or terminating access as described in Section 17.
For purposes of these Terms, any data, information, text, files, creative briefs, materials, testimonials, reviews, comments, feedback, suggestions, or other content that you submit or provide to MarketCraft through the Services is "User Content." You grant to MarketCraft a nonexclusive, worldwide, royalty-free, fully paid, sublicensable (to service providers and subcontractors), transferable license to host, store, reproduce, display, perform, distribute, adapt, and otherwise use User Content for operating and improving the Services, responding to inquiries, evaluating potential or existing services for you, and for marketing and promotional purposes when the User Content is clearly intended to be a testimonial, review, or logo permission.
You represent and warrant that: (a) you have all necessary rights, permissions, and authority to submit the User Content on your own behalf or on behalf of your company; (b) the User Content does not infringe, misappropriate, or violate any intellectual property, privacy, publicity, or other rights of any third party; (c) the User Content does not include confidential information that you expect MarketCraft to keep secret absent a separate written nondisclosure agreement signed by MarketCraft; and (d) you will not submit unlawful, defamatory, deceptive, or harmful material.
MarketCraft may remove, refuse to display, or disable access to any User Content, in whole or in part, at any time in its discretion. MarketCraft may preserve and disclose User Content if required to do so by law or in a good-faith belief that such preservation or disclosure is reasonably necessary to comply with legal process, enforce these Terms, respond to claims, or protect the rights, property, or safety of MarketCraft, its users, or the public.
MarketCraft may present client names, logos, testimonials, and case studies on the Services. If you or your organization provides a testimonial or authorizes the use of your name or logo, you grant MarketCraft a nonexclusive, worldwide, royalty-free license to use, display, reproduce, and publish such testimonial and/or logo on the Services and in marketing materials, consistent with any written brand guidelines you provide to MarketCraft. Unless otherwise agreed in a separate written agreement, MarketCraft may showcase non-confidential project summaries and outcomes, client names, and marks for marketing purposes. Clients may opt out of future public references by emailing team@marketcraft.ai, and MarketCraft will implement reasonable steps to cease new public references following receipt of the opt-out. Any confidentiality obligations in an MSA or statement of work will override this Section 6.
"Courses" and "Digital Products" refer to any paid educational or downloadable content, toolkits, templates, or similar offerings made available directly on the Services.
Orders may be placed through online purchase flows. An order is deemed accepted when MarketCraft (or its payment processor) sends a confirmation email. Access to Courses or Digital Products may be provided via Account login or secure download link. Access duration will be [insert: lifetime access / time-limited access of [●]], subject to continued compliance with these Terms. Seat-based access, if offered, is limited to one seat per single named user; seat sharing, reselling, transfer, or sublicensing is prohibited without MarketCraft’s prior written consent.
Subject to payment of applicable fees, MarketCraft grants the purchasing entity a nonexclusive, nontransferable, revocable license to access and use Course and Digital Product content solely for the purchasing entity’s internal business purposes. You may not redistribute, publicly perform, resell, sublicense, assign, or post the content on public platforms; nor may you use the content to create competing products or services or to train, fine-tune, or improve any artificial intelligence or machine learning models without MarketCraft’s express written consent.
Prices, taxes, promotions, and discounts will be disclosed at checkout. Payments may be processed by third-party payment processors, such as Stripe, subject to their own terms and privacy policies. The refund policy for Courses and Digital Products is: [insert: e.g., no refunds / 7-day refund / other], and any conditions for eligibility will be stated at purchase. To request a refund, contact team@marketcraft.ai and include your order details. MarketCraft may suspend or revoke access for failed, reversed, or disputed payments (including chargebacks) and may assess fees associated with chargebacks or failed payments. You are responsible for any taxes, duties, or similar governmental assessments unless otherwise stated.
MarketCraft may update Course or Digital Product content from time to time, but has no obligation to do so. Updates may be included or may require additional fees, as specified at purchase. Support included with paid offerings will be: [insert: e.g., email support within [●] business days], unless otherwise stated at purchase or in an applicable policy.
Courses and Digital Products are informational and educational. MarketCraft makes no guarantees of results, revenues, leads, or performance. Your outcomes depend on your actions, implementation, and external factors outside MarketCraft’s control.
Payments for any paid offerings may be processed by third-party payment processors acting on MarketCraft’s behalf, and such processors have their own terms and privacy practices. You authorize MarketCraft and its processors to charge your selected payment method for amounts due and agree to provide accurate and current billing information.
If recurring billing is offered in the future, the applicable renewal terms, cancellation timing, proration (if any), and instructions for turning off auto-renewal will be disclosed at the time of purchase and/or in your Account settings. Prices are exclusive of taxes unless otherwise stated; you are responsible for all applicable taxes and fees. For recurring offerings, MarketCraft may change prices by providing notice using the methods described in Section 18, with changes taking effect on the next renewal after notice. If MarketCraft issues invoices, late fees will be [insert late fee policy], and MarketCraft may suspend access for nonpayment until all overdue amounts and any reactivation fees are paid.
The Services and any content on the Site are provided for general informational and marketing purposes only. Nothing on the Site constitutes a binding offer to provide services. Engagements for custom services require a separate written agreement. MarketCraft does not provide legal, financial, or other professional advice through the Site. You should consult qualified professionals for advice specific to your situation.
MarketCraft and its licensors own all rights, title, and interest in and to the Services, including all software, text, images, graphics, audio, video, design, look and feel, the name "MarketCraft," associated trademarks and logos, and all other content and intellectual property rights therein ("MarketCraft Content"). Subject to these Terms, MarketCraft grants you a limited, revocable, nonexclusive, nontransferable license to access and use the MarketCraft Content solely for Permitted Use. You may not copy, modify, distribute, create derivative works from, publicly display, or otherwise exploit any MarketCraft Content except as expressly allowed in these Terms. You may not remove, obscure, or alter any proprietary notices or trademarks. All rights not expressly granted are reserved by MarketCraft.
MarketCraft may offer AI-powered tools that accept user inputs, prompts, or uploads ("AI Inputs") and generate outputs ("AI Outputs"), which may be serviced by third-party AI providers. You should not submit confidential, proprietary, or sensitive personal data in AI Inputs. To the extent permitted by law and the applicable terms of third-party AI providers, you may use AI Outputs for your internal business purposes, acknowledging that AI Outputs may not be unique and may be similar to content provided to others.
MarketCraft and its service providers may process AI Inputs and AI Outputs to provide, maintain, secure, and support the AI tools, including to detect, prevent, or investigate abuse or misuse. Unless you expressly opt in in writing, MarketCraft will not use your AI Inputs or AI Outputs to train its models or third-party models, other than as necessary to provide and secure the AI tools. MarketCraft may use aggregated, de-identified information for analytics and service improvement.
AI Outputs may be inaccurate, incomplete, inappropriate, or otherwise unreliable. You are solely responsible for reviewing and validating AI Outputs before using or relying on them, including for accuracy, legality, and non-infringement. MarketCraft does not guarantee originality, accuracy, or non-infringement of AI Outputs, and you are responsible for your use of AI Outputs. Use of AI tools may be subject to usage limits and may be monitored for abuse. MarketCraft may modify, suspend, or discontinue AI tools at any time without notice.
The Services may link to or embed third-party websites, platforms, analytics tools, widgets, or other services ("Third-Party Services"). MarketCraft is not responsible for Third-Party Services, their content, terms, or privacy practices. Your use of Third-Party Services is at your own risk and is governed by those third parties’ terms. If you choose to integrate with or authenticate via any Third-Party Service, your relationship with the third party is governed solely by that third party’s terms.
MarketCraft’s collection, use, and sharing of personal information are described in MarketCraft’s Privacy Policy (the "Privacy Policy"), available at [●]. The Privacy Policy is incorporated by reference into these Terms. If there is a conflict between these Terms and the Privacy Policy regarding non-privacy matters, these Terms control; for data practices, the Privacy Policy controls.
The Services, MarketCraft Content, AI tools, and any free resources are provided "as is" and "as available." To the maximum extent permitted by law, MarketCraft disclaims all warranties, whether express, implied, statutory, or otherwise, including implied warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, and availability. MarketCraft does not warrant that the Services will be uninterrupted, error-free, or secure, or that defects will be corrected. MarketCraft does not guarantee outcomes, leads, revenues, or performance from using the Services, AI tools, or educational content. Some jurisdictions do not allow the exclusion of certain warranties, so the foregoing disclaimers apply to the maximum extent permitted by law.
To the maximum extent permitted by law, in no event will MarketCraft be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of profits, revenues, goodwill, or data, arising out of or related to these Terms or the Services, even if advised of the possibility of such damages. For paid offerings, MarketCraft’s total liability for all claims arising out of or relating to the paid offering giving rise to the claim will not exceed the greater of: (a) the amounts you paid to MarketCraft for such paid offering in the twelve (12) months preceding the event giving rise to the claim; or (b) [insert fixed amount if desired: [●]]. For free use of the Services, MarketCraft’s total liability will not exceed [●], to the extent permitted by law. The foregoing limitations will not apply where prohibited by law or to claims involving MarketCraft’s intentional misconduct or other claims that cannot be limited under applicable law.
You will indemnify, defend, and hold harmless MarketCraft, its affiliates, and their respective officers, directors, employees, agents, and representatives from and against any claims, demands, disputes, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your breach of these Terms; (b) your User Content or your use of AI Outputs that infringes or violates any third-party right or any law; or (c) your misuse of the Services, Courses, or AI tools.
MarketCraft may suspend or terminate your access to the Services, remove or disable content (including User Content), or disable Accounts if MarketCraft believes, in its discretion, that you have violated these Terms, engaged in suspected fraud, failed to pay amounts due for paid offerings, or otherwise pose a risk to the Services or other users. Upon termination, your right to use the Services will cease immediately, and MarketCraft may delete or disable access to any related data or content, subject to applicable law and its data retention policies. Obligations that accrued prior to termination will survive. Unless required by applicable refund policies or law, no refunds will be issued upon termination. The following sections will survive termination: Sections 4, 5, 6, 7 (as to accrued rights and ongoing license restrictions), 8 (as to accrued payment obligations), 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, and 24.
MarketCraft may modify or discontinue features, tools, or content of the Services at any time without notice. MarketCraft may update these Terms by posting the updated Terms with a "Last Updated" date at the top. Your continued use of the Services after the effective date of updated Terms constitutes your acceptance of the changes. For material changes affecting paid offerings or recurring services, MarketCraft will provide advance notice by email or on-site notice at least [insert notice period, e.g., 15 or 30] days before the change takes effect.
If you believe that content on the Services infringes your intellectual property rights, please send a notice to team@marketcraft.ai with the following information: (a) identification of the copyrighted work or other intellectual property that you claim has been infringed; (b) identification of the material you claim is infringing and information reasonably sufficient to permit MarketCraft to locate the material; (c) your contact information, including your name, address, telephone number, and email address; (d) a statement that you have a good-faith belief that the use is not authorized by the rights owner, its agent, or the law; and (e) a statement, made under penalty of perjury, that the information in the notice is accurate and that you are authorized to act on behalf of the owner. MarketCraft may remove or disable access to allegedly infringing material and may terminate users who are repeat infringers where applicable. If MarketCraft registers a designated DMCA agent in the future, the registered agent’s name, address, phone, and designated email will be provided here: [insert DMCA agent details if/when registered].
You may not use, export, re-export, import, or transfer the Services, AI tools, or any content or software provided through the Services except as authorized by United States law, the laws of the jurisdiction in which you obtained the Services, and any other applicable laws. Without limitation, you represent and warrant that you are not located in, under the control of, or a national or resident of any country or region subject to comprehensive U.S. embargoes or sanctions, and you are not on any U.S. government restricted party list.
These Terms and any dispute arising out of or relating to them or the Services will be governed by the laws of the State of California, without regard to its conflicts of law principles. You consent to the exclusive jurisdiction and venue of the state and federal courts located in [insert California county/city, e.g., [●] County, California], and you waive any objection to jurisdiction, venue, or forum non conveniens in those courts.
If MarketCraft elects to require arbitration for certain or all disputes, the following will apply upon notice to you: (a) any dispute, claim, or controversy arising out of or relating to these Terms or the Services will be resolved by binding arbitration administered by [insert arbitral forum, e.g., JAMS/AAA] under its applicable rules; (b) the arbitration will be conducted in [insert California city/county, e.g., [●] County, California], in English, before a single arbitrator; (c) the Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision; (d) you and MarketCraft agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding; and (e) you may opt out of this arbitration and class action waiver within [insert 30–60] days after you first accept these Terms by sending written notice to team@marketcraft.ai stating your intent to opt out, in which case Section 21.1 will govern. If any portion of this Section 21.2 is found unenforceable, the unenforceable portion will be severed, and the remainder will be enforced to the maximum extent permitted by law.
You consent to receive communications from MarketCraft electronically related to the Services, including notices about your Account, transactions, and changes to these Terms. MarketCraft may provide notices by email to the address associated with your Account or submission, by posting on the Site, or within the Services. Notices to MarketCraft should be sent to team@marketcraft.ai.
MarketCraft may assign or transfer its rights and obligations under these Terms, in whole or in part, in connection with a merger, acquisition, sale of assets, reorganization, or other corporate transaction, or otherwise. You may not assign or transfer these Terms or any rights or obligations hereunder without MarketCraft’s prior written consent, and any attempted assignment without such consent is void.
Severability. If any provision of these Terms is held invalid or unenforceable, the remaining provisions will remain in full force and effect. No Waiver. Any failure by MarketCraft to enforce any provision of these Terms is not a waiver of such provision or of any other provision. Force Majeure. MarketCraft will not be liable for any delay or failure to perform due to events or circumstances beyond its reasonable control, including acts of God, natural disasters, epidemics, war, terrorism, civil disturbances, labor disputes, failures of suppliers, or utility or communication failures. Entire Agreement; Precedence. These Terms, together with the Privacy Policy and any other policies or terms referenced herein or presented at the time of purchase for self-serve offerings, constitute the entire agreement between you and MarketCraft regarding the use of the Services. Separate MSAs or statements of work govern custom services. In the event of a conflict between these Terms and a separate signed agreement for services, the signed agreement controls.
MarketCraft is operated by Khateeb & Co LLC. For any questions regarding these Terms, contact team@marketcraft.ai. No mailing address is provided in these Terms.
Execution and acceptance mechanics to implement on the site
- Place a conspicuous link to these Terms in the footer of the Site and within any account creation, checkout, or course enrollment flows.
- Require explicit "I agree" clickwrap acceptance for any account registration, course or digital product purchase, or use of AI tools; store the timestamp, IP address, and version of the Terms accepted.
- Display the "Last Updated" date at the top of the Terms page and in file metadata.
- For material changes to paid features or subscriptions, provide on-site banner and/or email notice before the change takes effect, consistent with Section 18.
Client-specific details and decisions captured
- Legal entity and brand: Khateeb & Co LLC (a California LLC) doing business as MarketCraft; MarketCraft is a brand of Khateeb & Co LLC.
- Website covered: marketcraft.ai (California-based operations).
- Contact: team@marketcraft.ai only; no mailing address in Terms.
- Audience: Primarily B2B; not directed to children under 13; no 18+ requirement at this time.
- Current site state: Lead generation; no on-site purchases today.
- Future offerings: Digital courses and potentially other self-serve products for business customers; on-site AI-powered tools or interactive features.
- Content practices: Showcasing client logos, testimonials, and case studies on the Site.
- Privacy: Separate Privacy Policy exists and is linked from the Terms.
- Governing law: United States/California; venue in California (city/county to be specified).
- Key risk allocations included:
(i) Strong permitted use and prohibitions (including no scraping and no AI model training without permission).
(ii) User Content license and IP warranties; portfolio and logo/testimonial permissions with opt-out.
(iii) Clear "no professional advice/no guarantees" language.
(iv) AI tool disclaimers; sensitive data prohibition; default no training on customer content without opt-in.
(v) Liability cap (12 months’ fees for paid offerings; nominal cap for free use).
(vi) Indemnification for user breaches and IP claims tied to User Content or use of AI Outputs.
(vii) Payment/refund/taxes terms for future Courses and Digital Products, with placeholders for refund window, access duration, and subscription settings.
(viii) DMCA-style complaint intake via email now; optional future DMCA agent registration details.
Placeholders the drafter must finalize with MarketCraft
- Refund policy for Courses/Digital Products: [●].
- Course/Digital Product access duration: [lifetime] or [time-limited, e.g., 12 months]: [●].
- Support scope/response times for paid offerings: [●].
- Pricing/fees language for any recurring subscriptions (if planned): [●].
- Liability cap floor or fixed alternative amount in Section 15: [●].
- Venue selection within California (city/county) in Section 21.1: [●].
- Whether to enable the optional arbitration/class action waiver in Section 21.2 and, if so, arbitral forum, location, and opt-out period: [●].
- DMCA agent registration details (name, address, phone, email) if MarketCraft decides to register: [●].
- Privacy Policy URL in Section 13: [●].
- Notice period for material changes in Section 18: [●].