Mark

Terms of Service

Last updated: September 28, 2026

These Terms of Service ("Terms") are a binding agreement between Blue Pelican Digital LLC, a Tennessee limited liability company ("Blue Pelican," "we," "us"), and the business that subscribes to or uses the Mark service ("you," "Customer"). You accept these Terms when you subscribe at checkout, tick an agreement checkbox in a Mark onboarding or approval page, or otherwise use the service — and you represent that you are at least 18 years old and authorized to bind the business you are accepting for.

1. Eligibility — U.S. businesses only

  • Mark is offered solely to businesses, for business purposes. It is not offered to consumers or for personal, family, or household use.
  • Mark is offered only to businesses located in the United States, and you must provide a United States billing address. We do not offer Mark in, or direct it to, any other jurisdiction (including the EU, EEA, or UK).

2. The service

Mark is an AI-assisted marketing service. For each channel you subscribe to, Mark: prepares a marketing plan for your business; drafts social media posts (copy plus a custom image) on the cadence stated at checkout; emails each draft to you for review; publishes only the posts you approve to the social media account you connect; and sends you a monthly activity report. The service is delivered through email and secure, tokenized links — there is no customer dashboard login.

Images and video. Mark's suggested images are created with AI image-generation tools. Mark never creates, edits, or alters video, with AI or otherwise. Where a post includes a video, it is a video you uploaded, and Mark publishes it exactly as you supplied it. Where Mark offers video uploads (currently for Facebook posts only, and not yet on every account), a post may include a video you uploaded instead of Mark's image.

We may improve or modify the service's features over time. If a change materially reduces the service you are paying for, we will notify you by email at least 30 days in advance.

3. Subscription, fees, and automatic renewal

  • Fees. You pay the monthly fee per channel displayed at checkout. As of the "Last updated" date above, the monthly fee is $79.99 per channel per month, and Facebook is currently the only available channel; the exact price you will pay is always displayed on the checkout page before you subscribe, and any later change to it is governed by the Price changes provision below. Payments are processed by Stripe.
  • Automatic renewal. Your subscription is month-to-month and renews automatically: Stripe charges your payment method the recurring monthly fee on or about the same day each month until you cancel.
  • How to cancel. You may cancel at any time through the Stripe customer billing portal (linked from your billing emails) or by emailing hello@bluepelicandigital.com from your registered email address. Cancellation takes effect at the end of the then-current billing period; the service continues through that date.
  • 30-day money-back guarantee. If you cancel within 30 days of your first payment, email hello@bluepelicandigital.com from your registered email address and we will refund that first month's fee in full. After those first 30 days, and except where the law requires otherwise, fees already paid are not refunded and partial periods are not prorated.
  • Failed payments. If a renewal charge fails, Stripe retries it. We may suspend drafting and publishing while your subscription is past due; service resumes automatically if payment recovers during the retry window. A canceled subscription is not automatically reactivated — to return, subscribe again.
  • Price changes. We will give you at least 30 days' email notice before a price change, which takes effect at the start of a billing period after the notice period. If you do not agree, cancel before the new price takes effect; continuing to use the service afterward is acceptance of the new price.
  • Founding rate. If your subscription for a channel started before January 1, 2027 (a "founding subscription"), the monthly fee for that channel stays at the founding rate you paid at checkout for as long as that subscription remains continuously active. A price change under the Price changes provision does not apply to a founding subscription while it stays active. The founding rate ends if the subscription is canceled or lapses for non-payment; a new subscription started afterward is billed at the then-current price. The founding rate does not extend to channels or services you add later, which are billed at the price displayed when you add them.
  • Taxes. Fees are exclusive of taxes unless stated otherwise at checkout. Where we are required to collect sales or similar taxes, they will be added at checkout or on the invoice.

4. Your responsibilities

  • Provide accurate business information and keep the email address on file monitored — post approvals and reports arrive by email.
  • You must own or control each social media account or Page you connect and have all rights needed to authorize Mark to publish to it (for example, remaining an admin of your Facebook Page).
  • Review every draft before you approve it. You are solely responsible for the content you approve for publication, including its accuracy, pricing, claims, license or permit numbers, and compliance with the laws and advertising rules that apply to your industry.
  • You must have the rights to any materials you provide to us (logos, photos, brand descriptions), and you are responsible for those materials.
  • Videos you upload. If you upload a video, you confirm that you or your business, including your employees or contractors you hired, recorded it — stock, supplier or other third-party footage is not accepted; that every person who can be seen or heard in it agreed to be in it, with any consent the law requires; that you have the rights to any music or other material in it; and that it is real footage that was not created or materially altered with artificial-intelligence tools. Ordinary edits — trimming, cropping, adjusting brightness, adding simple text, or the automatic processing your phone's camera applies — are fine; AI-generated or AI-replaced people, objects, voices or scenes are not. You are responsible for the video and its content, and we may refuse or remove any upload that appears to break these Terms or a connected platform's rules.
  • Keep your tokenized Mark links confidential; anyone with a link can act on it. Tell us immediately at hello@bluepelicandigital.com if a link may have been exposed.
  • You agree not to use Mark to publish unlawful, deceptive, infringing, or harassing content; not to violate the policies of any connected platform; and not to probe, disrupt, reverse engineer, resell, or sublicense the service except as expressly permitted by applicable law.

5. Connected platforms

Publishing depends on third-party platforms (such as Facebook and Instagram) and their APIs. Your use of each platform remains governed by that platform's own terms, and by connecting an account you authorize Mark to act on your behalf through the platform's official interfaces. Blue Pelican is not affiliated with or endorsed by Meta or any other platform.

Platform limitations apply and are outside our control: platforms may change or revoke API access; connections expire and may need to be re-authorized; and some platforms do not allow apps to remove content once published (for example, Instagram), in which case removal must be done directly in the platform. You may disconnect a platform at any time (see our Privacy Policy for how, and what is deleted).

6. Content ownership

  • Your materials remain yours. You grant us a non-exclusive license to use materials and information you provide solely to deliver the service.
  • Your videos. Videos you upload remain yours. You grant us a limited, non-exclusive license to store, copy, and process them — including taking a few still frames to help draft wording when you ask — and to publish them to the account you connect, solely to deliver the service. We delete our stored copy 30 days after the post publishes, when you replace or remove the video, or when its post is deleted; if a post is never published, we delete its video 30 days after its approval link expires. The platform keeps its own copy under its own terms.
  • Deliverables. Upon payment of the fees for the billing period in which a post was created, we assign to you all of our right, title, and interest in the approved, published post copy and images created specifically for your business. We will only feature your published posts in our own marketing or case studies with your prior consent.
  • Our materials. We retain all rights in Mark itself — the software, prompts, templates, workflows, and know-how — and in anything we develop that is of general application. No license to any of it is implied.
  • AI-generated content. Deliverables are generated with AI assistance. Similar ideas, phrasings, or imagery may appear in content generated for other customers; we do not promise that any deliverable is protectable by copyright, and you are responsible for trademark clearance of any slogan or name you adopt from a deliverable. Videos you upload are not AI-generated deliverables; they remain your materials.
  • If you send us feedback about the service, we may use it without restriction or obligation.

7. AI disclaimer; no results guarantee

AI-generated content can contain inaccuracies, omissions, or unintended associations — the approval step exists so you can catch them. Verify every draft before approving it. Blue Pelican does not guarantee any marketing outcome, including reach, engagement, followers, leads, or revenue.

8. Privacy

Our collection and use of data is described in our Privacy Policy, which is incorporated into these Terms.

9. Term and termination

These Terms apply from the moment you first accept them and continue while you use the service. Either party may end the relationship: you by canceling under Section 3, and Blue Pelican by notice to your registered email. We may suspend or terminate immediately for breach of these Terms, nonpayment, unlawful use, or conduct that puts our platform-compliance standing at risk; if we terminate without cause, we will refund the prorated portion of fees you prepaid for service not yet delivered. On termination, drafting and publishing stop, platform connections are disconnected, and data is handled per our Privacy Policy. Sections 6, 7, 10, 11, 12, and 13, and any unpaid fees, survive termination.

10. No warranty

Mark is provided "as is" and "as available" without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. Blue Pelican does not warrant uninterrupted availability, the accuracy of AI-generated content, or successful delivery of posts to connected platforms.

11. Limitation of liability

To the maximum extent permitted by law, neither party is liable for indirect, incidental, special, consequential, or punitive damages arising out of or related to the service, even if advised of the possibility. Blue Pelican's total aggregate liability for direct damages shall not exceed the greater of (a) the amounts you paid to Blue Pelican in the twelve months preceding the claim or (b) one hundred U.S. dollars. These limits do not apply where the law does not allow them to be limited.

12. Indemnification

You will indemnify and hold Blue Pelican harmless from third-party claims, damages, and expenses (including reasonable attorneys' fees) arising out of the materials you provide, the content you approve for publication, your violation of these Terms or of a connected platform's policies, or your violation of law or third-party rights.

13. Governing law and disputes

These Terms are governed by the laws of the State of Tennessee, without regard to conflict-of-law principles. Before filing any claim, the party raising the dispute will describe it by email to the other and both parties will attempt in good faith to resolve it within 30 days. Any dispute not resolved informally shall be brought exclusively in the state or federal courts located in Tennessee, and each party consents to their jurisdiction.

14. Changes to these Terms

We may update these Terms. For material changes we will email the address registered to your account at least 14 days before the change takes effect — at least 30 days for changes affecting fees or billing. If you do not agree, cancel before the effective date; continued use after the effective date is acceptance.

15. General

These Terms, together with the pricing and subscription details presented at checkout and the policies they incorporate, are the entire agreement between you and Blue Pelican regarding the service. You may not assign them without our written consent; we may assign them to an affiliate or in connection with a merger or sale. If a provision is unenforceable, the rest remain in effect; a failure to enforce a provision is not a waiver. Neither party is liable for delay or failure caused by events beyond its reasonable control. The parties are independent contractors, and there are no third-party beneficiaries. Notices may be given by email — to you at your registered address, to us at hello@bluepelicandigital.com.

16. Contact

hello@bluepelicandigital.com