Terms and Conditions

Marketday, Inc.
Last updated: July 6, 2026
These Terms and Conditions ("Terms") govern access to and use of the Marketday platform, website (marketday.ai), and related services (the "Services") provided by Marketday, Inc. ("Marketday," "we," "us," or "our"). By accessing or using the Services, you agree to these Terms. If you are using the Services on behalf of a business, you represent that you are authorized to bind that business, and "you" refers to that business.

1. The Services

Marketday provides operations infrastructure that processes operational inputs (including text, voice, email, and photos) on behalf of business customers, structures that information, and distributes it to authorized users. The Services are intended for business use only.

2. Accounts and Access

Customers are responsible for the accuracy of information provided during onboarding, for maintaining the confidentiality of account credentials, and for all activity under their account. Customers are responsible for ensuring that their personnel who use the Services are authorized to do so.

3. SMS Messaging Terms

By providing your phone number and consenting during onboarding, you agree to receive operational text messages from Marketday, including task assignments, report notifications, confirmations, and responses to messages you send.
Message frequency varies based on your operational activity.Message and data rates may apply according to your mobile carrier plan.Opt out at any time by replying STOP to any message. You will receive a final confirmation message and no further texts.For help, reply HELP to any message or contact hello@marketday.ai.Consent to receive text messages is not a condition of purchasing any goods or services.Carriers are not liable for delayed or undelivered messages.Marketday does not share or sell mobile numbers or SMS opt-in consent to third parties. See our Privacy Policy for details.

4. Customer Content and Responsibilities

Customers retain all rights to the operational content they and their users submit to the Services ("Customer Content"). Customers grant Marketday a limited license to process, store, and transmit Customer Content solely to provide the Services.
Customers are responsible for: (a) the accuracy and legality of Customer Content; (b) obtaining any consents required from their personnel to process their information through the Services; and (c) their compliance with laws and regulations applicable to their business, including any food safety, labor, or regulatory reporting obligations. Marketday provides infrastructure to support customer operations; it does not assume responsibility for customers' regulatory compliance.

5. Acceptable Use

You agree not to: use the Services for any unlawful purpose; send spam, marketing, or promotional messages through the Services to individuals who have not consented; attempt to gain unauthorized access to the Services or other users' data; interfere with the operation of the Services; or reverse engineer the Services except where permitted by law.

6. Fees

Fees for the Services are set out in the applicable order form or agreement between Marketday and the customer. Fees are non-refundable except as expressly agreed in writing.

7. Intellectual Property

The Services, including all software, design, and documentation, are owned by Marketday and protected by intellectual property laws. Except for the limited right to use the Services under these Terms, no rights in the Services are granted to you.

8. Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, MARKETDAY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. MARKETDAY DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT AUTOMATED OUTPUTS WILL BE ACCURATE OR COMPLETE. CUSTOMERS ARE RESPONSIBLE FOR REVIEWING OUTPUTS USED FOR COMPLIANCE OR REGULATORY PURPOSES.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MARKETDAY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATED TO THE SERVICES. MARKETDAY'S TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE AMOUNTS PAID BY THE CUSTOMER TO MARKETDAY IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

10. Termination

Either party may terminate the applicable agreement as set out in the customer's order form or agreement. Marketday may suspend or terminate access to the Services for violation of these Terms. Upon termination, the customer's right to use the Services ends, and Marketday will make Customer Content available for export for a reasonable period upon request.

11. Changes to These Terms

We may update these Terms from time to time. The updated version will be posted on this page with a revised "Last updated" date. Continued use of the Services after changes take effect constitutes acceptance of the updated Terms.

12. Governing Law

These Terms are governed by the laws of the State of California, without regard to conflict of law principles. Any disputes will be resolved in the state or federal courts located in San Francisco County, California.

13. Contact

Marketday, Inc.
Email: hello@marketday.ai
Website: https://marketday.ai