Terms of Service

1. The agreement

These terms are between you and Marcelo AI Inc, a California corporation with its registered address at 4654 Columbus Ave, Sherman Oaks, CA 91403, reachable at support@meetmarcelo.ai (“Marcelo”, “we”). By creating an account, by being added to one as a team member, or by using the service, you accept them. If you are accepting on behalf of a company or an agency, you confirm you are authorised to bind it, and “you” means that organisation.

The following documents are part of these terms and apply as if written here:

• the Privacy Policy and Cookie Policy;
• the Refund & Cancellation Policy;
• the Acceptable Use Policy;
• the Data Processing Addendum, where you are subject to the data protection laws it names;
• the Copyright & DMCA Policy.

Marcelo is a business tool. It is offered to businesses, to marketing agencies acting for the businesses they represent, and to the people who work for either. It is not offered to consumers, and you must be at least 18 and able to enter a contract.

2. What Marcelo does

Marcelo plans, drafts and publishes marketing work for a business. It reads the business’s website and the accounts connected to it, drafts text, generates pictures and video, builds and hosts websites, registers web addresses, proposes advertising changes, replies to reviews, and publishes finished work to the platforms you connect — a website, a Google Business Profile listing, a Facebook Page, an Instagram account, and others.

Marcelo states only what you have confirmed. Generated content is restricted to facts you or your client entered and confirmed; a fact Marcelo does not know is treated as unknown rather than guessed. This is how the software is built, not a promise laid over it — and it is why the accuracy of what you confirm matters (section 5).

3. Two modes: Marcelo Assist and Marcelo Autopilot

Each business runs in one of two modes, chosen by you.

• Marcelo Assist is the default. Marcelo scans and drafts on its own, and nothing is published until a person in your account approves it. Approving is publishing: one press, by a signed-in person, both approves the work and sends it live.
• Marcelo Autopilot lets Marcelo publish routine work unattended — a page fix, a post, a review reply, an article — according to the schedule and settings you chose. Only an account owner can switch Autopilot on for a business, and switching it on is your approval of everything Autopilot then publishes under those settings, until you switch it off.

In both modes, some actions always wait for a person’s press, because they are hard to undo: publishing a whole new website, changing an advertising budget or any other advertising change, spending money on a domain, a placement or a directory-listing order, and deleting a business. Autopilot cannot reach an advertising account at all.

Whichever mode you choose, you are responsible for what is published under your account (section 6). Review Autopilot’s work regularly; the record of everything Marcelo did, and who or what approved it, is kept in the app.

4. Your account and your team

Keep your credentials secure and tell us promptly if you think someone else has access. Each person who works in your account must have their own sign-in; an account owner can add team members at one of two levels, and is responsible for what each of them does. A team member accepts these terms by using the account.

You are responsible for every business added to your account and every action taken in it, whether by you, by a team member, or by Autopilot under settings a person in your account chose.

5. Your content, your facts, and the accounts you connect

You keep ownership of everything you upload — photographs, business details, text, logos. You grant us the licence needed to store it, process it, generate content from it, and pass it to the providers listed in the Privacy Policy so the service can function. That licence ends when you delete the content, except for copies that remain in published work you chose to publish.

You confirm that:

• you have the rights to the material you upload, including any photograph showing a person, a property or a vehicle, and any logo or brand you ask Marcelo to use;
• you are authorised to act for every business you add, and to connect, read from and publish to every account and website you connect — and, where the business is a client of yours, that the client has agreed to this;
• the facts you enter about a business are true, and you will correct them when they change.

That last one matters more here than in most products. Marcelo states only what you have confirmed, so a wrong fact becomes a wrong claim published under the business’s name.

Connecting an account authorises Marcelo to act on it as the service describes: to read it, to publish approved work to it, to place measurement tags on a website, to add redirects and descriptions to its pages, to reply to its reviews, and to disconnect from it when you ask. Your use of each connected platform is governed by that platform’s own terms, and a connected platform may change its rules, restrict an account or refuse a request at any time; we are not responsible when it does.

6. AI-generated output, and your responsibility for it

Text, pictures and video produced by Marcelo are generated by AI models. Subject to your having paid any fees due, you own the output and may use it commercially, to the extent the law allows ownership of AI-generated work. Similar output may be generated for other customers, and we do not promise that output is unique.

Review it before it goes out, and review what Autopilot has published. AI models can produce text that is wrong and pictures that do not depict reality. Marcelo is built to reduce this — generation is restricted to facts you have confirmed, and unknown facts are marked as unknown rather than filled in — yet no such system is perfect. You are responsible for what is published under your account, including its accuracy, its lawfulness in your industry and your state, and its compliance with the rules of the platform it was published to.

Where the law or a platform requires that AI-generated content, or an advertisement, be labelled as such, labelling it is your responsibility.

7. Websites Marcelo builds and hosts

Marcelo can build a website for a business and serve it from Marcelo’s own infrastructure, on an address Marcelo provides or on a web address the business owns. For a website Marcelo hosts:

• the website’s content, pictures and words are yours, and you are its publisher. Visitors to it are your visitors, and anything it collects from them — an enquiry through its contact form, for example — is collected by you, under a privacy notice of your own. Marcelo passes an enquiry to the business and keeps a copy so you can find it;
• payments taken on the website are taken through the business’s own payment account, connected by the business. The money goes to the business; Marcelo is not the merchant and does not hold it;
• the website is available while the business has a plan that includes hosting. If the plan ends, we may take the website offline; ask us before that for an export of its content, and we will provide one;
• we may remove a page or take a website offline under the Acceptable Use Policy or the Copyright & DMCA Policy, or to comply with a legal order;
• we aim to keep hosted websites reachable, but hosting is provided as part of the service and without a separate uptime guarantee.

Building from a site you like. Marcelo can build a website by following the arrangement of another site you point it at. When it does, we keep that layout — how many pages there are, what order the sections come in, the spacing and the colours — as a template in our own library, and we may offer that template to other customers. A template holds the shape and nothing else: no photographs, no wording, no business details, not from the site you pointed at and not from yours. You are responsible for choosing a reference whose arrangement you may lawfully follow; a template never carries another business’s protected expression, and if one did, we remove it on notice.

8. Web addresses Marcelo registers for you

At your request, Marcelo can register a web address (a domain name) for a business. The registration is made in Marcelo’s account at its registrar, on your behalf and for your benefit, and is paid for with Credits or a fee shown before you press. You agree to the registrar’s registration agreement and to ICANN’s registrant rights and responsibilities for every address registered for you.

• a registration cannot be cancelled or refunded once made; you can turn its automatic renewal off at any time, so it lapses at its renewal date;
• the address is yours to use for as long as it is registered and your account is in good standing, and you may ask us at any time to transfer it to a registrar account of your own; we will do so promptly and at no charge beyond what the registrar requires;
• if your account is closed and you have not asked for a transfer, we will try to reach you at your account email before letting the address lapse;
• contact details given for a registration are passed to the registrar as the law and ICANN require.

9. The WordPress plugin

Marcelo offers a WordPress plugin, Marcelo Site Connector, licensed under the GNU General Public License version 2 or later. Installing it on a website authorises Marcelo to make the changes the plugin describes — measurement tags, page titles and descriptions, redirects, structured data, a call bar, an availability notice and an enquiry recipient — when a person approves them or Autopilot publishes them. The plugin’s own listing describes exactly what it does, and it does nothing else. Uninstalling it removes Marcelo’s ability to make those changes.

10. Messages sent to your customers

Some features send an email or a message to a business’s own customers — a reply to an enquiry, for example. Those messages are sent in the business’s name and on its instruction; you are the sender, and you are responsible for having a lawful basis to contact each recipient and for complying with the laws that apply to commercial messages where they are. Every such message carries a way to opt out, and an opt-out is honoured.

11. Reading other websites

Marcelo reads public web pages at your request — a business’s own site, the sites of competitors you name, and what search engines and AI engines return about a business. It identifies itself on every request and reads only what is public. You may not direct it at content you have no right to read, and the Acceptable Use Policy says what else is forbidden. A report about a competitor describes what their public pages say; it is not a licence to copy them.

12. Plans, Credits and fees

A plan is bought for one business, is charged in advance each month, and renews until it is cancelled. Each plan includes an allowance of Marcelo Credits, the unit the service spends when it works; more can be bought as a top-up. The price of every plan, and the price of every piece of work before you start it, is shown in the app. Credits have no cash value, belong to the business they were granted to, and are not refundable except where the law requires it.

Some services carry a fixed fee in Credits on top of the work itself, shown on the press before you make it: publishing a post, picture or video to a social channel or to your Google Business Profile; posting a reply to a Google review; putting a page, article, video or change live on your website; applying a fix to your website; applying an approved change to your advertising account; and each customer Marcelo writes to asking for a review. The fee is taken only once the platform confirms the publication, the change or the message. Work that cost more than the estimate shown before the press is charged at what it cost. Each plan includes a set number of people who can sign in to the account; adding more means choosing a bigger plan.

How trials, cancellation, failed payments, domain registrations and refunds work is set out in the Refund & Cancellation Policy, which is part of these terms. We may change prices with 30 days’ notice by email; if you do not accept a change, cancel before it takes effect.

Money spent inside an advertising account you connected is paid by you to that platform under its terms, never through Marcelo. Taxes that apply to our fees are added where the law requires.

13. Third-party services

Marcelo connects to and relies on services run by other companies — Google, Meta, WordPress hosts, e-commerce platforms, AI model providers, a domain registrar, a payment processor and others. Your use of a service you connect is governed by its terms, not ours. We are not responsible when a third-party service changes its rules, restricts an account, refuses a request, changes what its models produce, or goes down, and such an event does not entitle you to a refund.

Directory listings. When you order directory listings for a business, Marcelo sends the business details you approved on that order to directory websites through its listing partner, BrightLocal. You choose how many directories, and the price in Credits is shown on that choice before you approve; nothing is ordered without a signed-in person’s approval, and Autopilot cannot order listings.

• the listing partner chooses directories suited to the business and may update listings that already exist with the approved details;
• each directory decides for itself whether and when to publish, so publication is not guaranteed, and some directories ask the business to confirm by phone or email — those confirmations are the business’s to complete;
• for a business that goes to its customers, the street address is given to the partner for verification and is not shown on listings;
• for eight weeks after an order Marcelo checks the listings and shows what it found, including where a page could not be read; a page it could not read is not treated as proof that a listing is missing;
• listings stay on those websites after an order or your account ends, and changing or removing one is done on that directory;
• how Credits are returned for a directory that does not publish is set out in the Refund & Cancellation Policy.

14. Beta features and features not yet open

Some features are marked as coming soon, in beta, or available only to some accounts. They may change, be withdrawn or never ship, and are provided without the commitments made elsewhere in these terms while so marked.

15. Availability and changes to the service

We aim to keep the service running but do not promise it will be uninterrupted or error-free. We may change or discontinue features. If we discontinue the service entirely, we will give you at least 30 days’ notice to export your data and to arrange the transfer of any web address registered for you.

16. Confidentiality and feedback

Each side will keep the other’s non-public information confidential and use it only for this agreement. Your business facts, media and reports are yours and are confidential to you; what we learn about how the service performs in aggregate, without identifying you or your clients, is ours. If you give us feedback or suggestions, we may use them without obligation to you.

17. Ending it

You can stop using Marcelo, delete a business, or close your account at any time, from the app. We may suspend or close an account that breaches these terms or the Acceptable Use Policy, that has not paid, or that puts the service, other customers or a connected platform at risk. Where circumstances allow, we will warn you first. On closure, your data is deleted as the Privacy Policy describes, and sections 6, 16, 18, 19, 20 and 21 survive.

18. Warranties and disclaimers

To the fullest extent the law allows, the service, the content it generates and the websites it hosts are provided “as is” and “as available”, without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, non-infringement, accuracy, and any warranty arising from course of dealing. We do not warrant any particular marketing result — a ranking, a review score, a number of visitors, leads or sales — and nothing in the app that estimates one is a promise of it.

19. Limitation of liability

To the extent the law allows, neither side is liable to the other for indirect, incidental, special, consequential or punitive damages, or for lost profits, lost revenue, lost data or loss of goodwill, however caused. Our total liability for all claims arising out of or relating to these terms or the service is limited to the fees you paid us for the business concerned in the twelve months before the claim arose.

These limits do not apply to your payment obligations, to either side’s breach of confidentiality, to your indemnity in section 20, or to liability that cannot legally be excluded or limited.

20. Indemnity

You will defend and indemnify Marcelo AI Inc, its officers, employees and contractors against claims, damages and costs (including reasonable legal fees) arising from content published under your account, from a website Marcelo hosts for you, from a message sent on your instruction, from your use of an account you were not authorised to use, from a claim by a business you represent, or from your breach of these terms.

21. Governing law and disputes

These terms are governed by the laws of the State of California, without regard to its conflict-of-laws rules. Before either side starts a proceeding, it will write to the other describing the dispute, and both will try in good faith to resolve it within 30 days. Any dispute not resolved that way will be brought in the state or federal courts located in Los Angeles County, California, and both sides consent to their jurisdiction and venue. Either side may seek an injunction in any court to protect its intellectual property or confidential information.

22. General

• Notices. We send notices to the email address on your account; you send them to support@meetmarcelo.ai. A notice by email is received the day it is sent.
• Assignment. You may not assign these terms without our written consent. We may assign them to a successor to our business, and will tell you if we do.
• Force majeure. Neither side is liable for a failure caused by events beyond its reasonable control.
• Export and sanctions. You will not use the service where, or for anyone for whom, United States export or sanctions law forbids it.
• Entire agreement. These terms, with the documents they incorporate, are the whole agreement between us about the service and replace every earlier one. If a provision is held unenforceable, the rest remains in force. A failure to enforce a provision is not a waiver of it. The two of us are independent contractors.

23. Changes to these terms

We may update these terms. If a change materially affects you we will email you at least 14 days before it takes effect, and continuing to use the service after that date means you accept it. If you do not, close your account before the change takes effect. The date at the top is the date of the current version.