Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") govern your access to and use of Marca (the "Service" or "Platform"), operated by CAIO LLC ("Company," "CAIO," "we," "us," or "our"). By creating an account, purchasing a plan, installing the Marca Script on any website, accessing the Platform, or using any features of the Service, you ("Subscriber," "you," or "your") agree to be bound by these Terms, our Privacy Policy, and our Data Processing Addendum (collectively, the "Agreement").

If you are accepting these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity. If you do not agree to these Terms, do not use the Service.

2. Service Description

2.1 Overview

Marca is a software-as-a-service (SaaS) platform for visual feedback on web applications and the conversion of that feedback into actionable specifications for AI coding agents.

Intended Purpose. You may use the Platform solely for the purpose of: (a) collecting visual feedback (Pins, comments, screenshots, DOM snapshots, console output) from Operators and Reviewers on web pages and applications that you own, operate, or have explicit written authorization to instrument; (b) organizing and triaging that feedback within your Workspace; and (c) exporting Briefs to AI coding agents, version control systems, issue trackers, and chat tools that you have selected (collectively, the "Intended Purpose"). Any use of the Platform outside the Intended Purpose is a material breach of these Terms. The Platform provides tools that allow Subscribers to embed a lightweight script (the "Marca Script") on their websites — typically staging, preview, or production environments — and capture structured feedback ("Pins") from internal team members and external reviewers. Features include, but are not limited to:

• Element-level annotation pins on live web pages, with screenshots and DOM context capture
• Real-time collaboration and threaded comments on Pins
• A canvas view for organizing and triaging Pins across sessions
• Export of Pins to structured specifications ("Briefs") suitable for use with AI coding agents and developer tools
• Integrations with Cursor, Claude Code, GitHub, Linear, Slack, Microsoft Teams, and similar services
• Multi-workspace administration with role-based permissions

2.2 User Categories

The Platform distinguishes between two user categories:

• Operators: Users who hold a paid seat in a Workspace. Operators can create, edit, triage, and export Pins; configure integrations; and manage Workspace settings.
• Reviewers: Users who interact with a Subscriber's Marca Script to leave Pins. Reviewers may be authenticated or unauthenticated, internal or external to the Subscriber's organization, and are not counted against seat-based limits.

The Subscriber is responsible for the actions of all Operators and Reviewers acting under its account or against its Marca Script.

2.3 Multi-Tenant Architecture

Each Subscriber account operates within an isolated workspace ("Workspace"). Your Workspace data — including Pins, screenshots, DOM snapshots, Briefs, integration credentials, and team records — is logically separated from other Subscribers' data. You may access your Workspace through the authenticated dashboard at marca.dev, through a custom domain you configure through the Platform, or programmatically through the API.

2.4 The Marca Script

The Marca Script is JavaScript code distributed from a Company-controlled CDN that you embed on your website to enable Reviewer interaction. The Script is the means by which the Platform captures Pins, screenshots, DOM snapshots, console output, and browser metadata necessary to produce a Brief. You represent, warrant, and covenant that:

• You own, operate, or have explicit written authorization from the controller of each domain on which you install the Marca Script.
• You have authority to instrument those domains and to grant CAIO the rights described in Section 6.
• You have provided any notices to, and obtained any consents from, Reviewers required under applicable law (including cookie/tracking notices, privacy disclosures, surveillance-law notices where applicable, and accessibility notices).
• Pages on which the Script is installed do not display data the Subscriber does not have the right to process through the Platform (see Section 6.6).

No credential interception. The Marca Script does not copy, store, transmit, or log passwords, authentication tokens, payment card numbers, or other credentials that may be present in fields, headers, or storage on the pages where it runs. Where the Marca Script captures DOM state or console output, credential-bearing form fields and known sensitive-input patterns are excluded from the capture. CAIO is not a substitute for authentication or session-management security on the Subscriber's site.

2.5 Service Availability

We use commercially reasonable efforts to keep the Platform available, but we do not guarantee uninterrupted or error-free operation. The Platform may be unavailable due to maintenance, third-party provider outages, infrastructure issues, or events outside our control. Specific availability commitments, if any, are addressed only in Enterprise order forms or MSAs.

3. Accounts and Workspaces

3.1 Account Registration

To use the Service, you must create an account with accurate and complete information, be at least 18 years of age (or the age of majority in your jurisdiction, whichever is greater), and maintain the security of your credentials. You are responsible for all activity under your account. Each Operator must use unique login credentials; sharing accounts is a material breach.

3.2 Workspace Administration

The account holder who creates a Workspace is the Workspace administrator and is responsible for the actions of all Operators and Reviewers acting under, or with access through, that account, including compliance with these Terms. Reviewer access may be configured as anonymous, email-only, or SSO-authenticated; the Subscriber is responsible for whichever model it selects and for the consequences of that choice under applicable law.

4. Subscription Plans and Billing

4.1 Subscription Plans

The following subscription plans are designed for teams that build and ship software:

Plan	Monthly	Annual (per mo)
Starter	$39/mo	$31/mo
Studio	$99/mo	$79/mo
Team	$249/mo	$199/mo
Enterprise	Custom	Custom

Feature differences between plans — including site count, Pin quotas, integrations, white-label, SSO, audit log, and SLA commitments — are described on our pricing page at marca.dev/pricing and may be updated from time to time. We will provide 30 days' notice before removing features from an existing plan.

Pin packs. Subscribers may purchase one-time Pin packs to extend their monthly Pin allowance. Pin pack quantities, prices, and rollover policy are published on marca.dev/pricing.

4.2 Free Trial

New Subscribers may activate a free trial of any paid plan, currently for a period of seven (7) calendar days from initial activation, unless a different trial period is offered in writing.

Pre-conversion notice. At least three (3) calendar days before the end of the trial period, we will send an email to the address on file disclosing: (a) the date and time the trial will end, (b) the plan that will be charged and the amount, (c) the payment method that will be used, and (d) a one-click link to cancel before the charge.

Cancellation. You may cancel the trial at any time before its end, with no charge, by clicking the cancel link in any trial-related email or by using the in-product cancellation flow. Cancellation requires no phone call, no chat, no support ticket, and is no more burdensome than the signup process.

At the end of the trial period, if you have not cancelled, the payment method on file will be charged for the selected plan. Trial usage is subject to all provisions of these Terms.

4.3 Billing

• Payment processor: All billing is processed through Stripe.
• Subscription cycle: Monthly subscriptions are billed on the same calendar day each month. Annual subscriptions are billed in a single payment at the start of each annual period.
• Usage overages: Where a plan includes a soft cap (Pins/mo, PRs/mo, or similar), overages are billed at the end of each billing period at the rates published on marca.dev/pricing. Soft caps do not block Pin creation.
• Taxes and currency: All prices are in USD and exclusive of applicable taxes; taxes will be added where required by law.
• Failed payments: If payment fails, we will retry within 3 business days. If unpaid after 14 days, your account may be suspended (read-only access; Marca Script disabled). Amounts overdue more than 30 days accrue interest at the lesser of 1.5%/month or the maximum rate permitted by law. The Subscriber will reimburse reasonable costs of collection, including attorney's fees.
• Trials that do not convert: Trial data may be permanently deleted within 30 days of trial expiration if the trial does not convert to a paid plan. Export anything you wish to retain before the trial ends.

4.4 Price Changes

We may adjust subscription pricing with at least 60 days' advance notice, taking effect at the start of your next billing cycle. Annual subscription price increases at renewal will not exceed the lesser of 5% or the Consumer Price Index (CPI-U) increase for the preceding 12-month period. Subscribers on annual plans will not experience a price increase during their current annual term.

5. Cancellation and Refunds

5.1 Cancellation

You may cancel your subscription at any time through your account settings or at [email protected]. Monthly cancellations take effect at the end of the current billing month. Annual cancellations take effect at the end of the current annual period, with no partial refunds for unused months except where you terminate for cause or where we materially breach these Terms (in which case you receive a pro-rata refund for the unused portion).

5.2 Refunds

No refunds for partial monthly periods. For annual subscriptions, full refund within the first 14 days of a new annual term; no refunds after that except as provided in Section 5.1.

5.3 Data After Cancellation

After cancellation and the end of your paid period, your Workspace will be deactivated. We will retain your Workspace data for 90 days in a read-only state, during which you may export your data or request reactivation. Data exports are available in machine-readable formats (JSON, CSV; Briefs as Markdown or PDF; screenshots and DOM snapshots as referenced media bundles). After 90 days, your data will be permanently deleted. We are not responsible for data not exported within this period.

6. Data Ownership and Licensing

6.1 Your Data

You retain full ownership of all data you upload, create, or input into the Platform, and all data captured by the Marca Script on Subscriber-controlled sites ("Your Data"), including but not limited to: Pins, comments, screenshots, DOM snapshots, console output, Briefs, Operator and Reviewer records, and Workspace settings. We claim no ownership of Your Data.

Backup responsibility. You are solely responsible for maintaining copies of Your Data outside the Platform. While we make commercially reasonable efforts to preserve data and provide export tools, we do not guarantee against loss, corruption, or unavailability of Your Data, and we accept no liability for data not backed up by the Subscriber, except as expressly provided in Section 10.1 and Section 12.2.

6.2 License to Us

You grant CAIO a limited, non-exclusive, worldwide, royalty-free license to use, store, process, transmit, and display Your Data solely for the purpose of providing the Service to you. This license terminates when you delete Your Data or when your account is terminated (subject to the data retention period in Section 5.3).

6.3 Aggregate and Anonymized Data

We may use aggregated or de-identified data derived from use of the Platform to operate, analyze, secure, and improve the Service, provided it does not identify any Subscriber, Operator, Reviewer, or individual.

AI/ML training prohibition. We do not use Your Data — including Pin content, comments, screenshots, DOM snapshots, Briefs, or any identifiable derivative thereof — to train, fine-tune, or develop artificial intelligence or machine learning models.

Subscribers may request that their Workspace data be excluded from all aggregation by contacting [email protected].

6.4 Our Intellectual Property

The Platform — including the Marca Script, dashboard, canvas engine, Brief generation logic, user interfaces, documentation, and branding — is the exclusive intellectual property of CAIO. These Terms do not grant you any ownership interest. You are granted a limited, non-exclusive, non-transferable, revocable license to use the Platform during your active subscription solely for your internal business purposes.

6.5 Output License

Outputs generated by the Platform — including Briefs — are licensed to you on a perpetual, irrevocable, royalty-free basis for use in your business operations. This license survives termination.

6.6 Subscriber Content Warranty

You represent and warrant that:

• You have the right to install the Marca Script on each domain where you deploy it.
• You have provided any notices and obtained any consents required by applicable law from Reviewers and any other individuals whose information may be captured through the Marca Script.
• Pages on which the Marca Script is installed do not contain content that you lack the right to process, including but not limited to: third-party copyrighted material processed in violation of copyright; personal data processed in violation of applicable privacy laws; payment card data, government identification numbers, protected health information, or other sensitive data categories not contemplated by the Service (see Section 7).

6.7 Feedback

If you provide suggestions, feature requests, bug reports, or other feedback about the Platform's functionality, you grant CAIO an unrestricted, perpetual, royalty-free license to use, modify, and incorporate that feedback into the Service without obligation to you. This license applies only to feedback directly related to Platform functionality and user experience. It does not extend to your proprietary codebases, business processes, or trade secrets that may be incidentally communicated through support interactions.

7. Acceptable Use Policy

You agree to use the Platform in compliance with all applicable laws and these Terms. You agree NOT to:

• Install on sites you do not control: Embed the Marca Script on any domain you do not own, operate, or have explicit written authorization to instrument.
• Capture without notice: Deploy the Marca Script on pages where Reviewers may not reasonably expect to be observed, without appropriate notice and consent as required by applicable law.
• Capture sensitive data: Use the Platform on pages that display payment card numbers, Social Security numbers, government identification numbers, full bank account numbers, protected health information, biometric identifiers, or precise geolocation data of individuals other than the Reviewer. Staging environments displaying such data must be sanitized before Marca is enabled.
• Reverse engineer: Decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code or non-public algorithms of the Platform, including the Brief generation logic.
• Scrape or harvest: Use automated tools, bots, scrapers, or crawlers to extract data from the Platform.
• Resell or redistribute: Sublicense, resell, rent, lease, or redistribute access to the Platform without our prior written consent.
• Circumvent: Attempt to bypass security measures, access controls, rate limits, or usage restrictions.
• Interfere: Disrupt, degrade, or interfere with the Platform's infrastructure, performance, or availability, including through denial-of-service attacks or abuse of the Marca Script CDN.
• Misrepresent: Impersonate another person or entity, or create accounts under false pretenses.
• Illegal use: Use the Platform for any unlawful purpose, including fraud, harassment, or non-consensual surveillance.
• Compete: Use the Platform to develop, train, evaluate, benchmark (for competitive publication), or improve a product or service that directly competes with the Platform. This does not restrict internal performance evaluations or procurement comparisons, and does not restrict use by agencies, consultants, or businesses with adjacent (non-directly-competing) tooling.

Violation of this Acceptable Use Policy may result in immediate suspension or termination of your account without refund.

8. Third-Party Integrations

The Platform integrates with third-party services configured by the Subscriber, including AI coding agents (e.g., Cursor, Claude Code), version control (GitHub, GitLab), issue trackers (Linear, Jira), and chat tools (Slack, Microsoft Teams). When the Subscriber initiates an export or notification, the relevant Brief, Pin, or other content is transmitted to the configured third party under the terms of the Subscriber's relationship with that third party.

• We are not responsible for the availability, accuracy, or policies of third-party services.
• The Subscriber is responsible for the terms, security, and compliance posture of every third-party service it connects to its Workspace.
• Disconnecting an integration ceases new transmissions; data already sent to the third party is governed by the third party's terms.

9. Warranty Disclaimer

9.1 General Disclaimer

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT:

• The Service will be uninterrupted, error-free, or secure.
• The Marca Script will be compatible with every web framework, browser, or accessibility tool.
• Briefs, Pin captures, or DOM snapshots will be complete or accurate representations of the underlying user experience.

10. Limitation of Liability

10.1 Liability Cap

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CAIO'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE — WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE — SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL FEES PAID BY YOU TO CAIO IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) SEVEN THOUSAND FIVE HUNDRED DOLLARS ($7,500). Higher caps may be available to Enterprise customers under an executed order form or MSA.

10.2 Consequential Damages

IN NO EVENT SHALL CAIO BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of revenue, profit, business, or anticipated savings.
• Loss of data or data corruption beyond reasonable recovery efforts.
• Cost of procurement of substitute services.
• Production incidents, security incidents, infringement claims, or business interruption arising from specifications produced by the Platform.
• Loss of goodwill or reputation.

THESE LIMITATIONS APPLY EVEN IF CAIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

10.3 Exceptions

The limitations in Sections 10.1 and 10.2 do not apply to: (a) CAIO's IP infringement remedy under Section 11.2; (b) CAIO's breach of its confidentiality obligations under Section 16; (c) fraud, gross negligence, or willful misconduct by either party; or (d) any liability that cannot be excluded under applicable law.

11. Indemnification

11.1 Your Indemnification

You agree to indemnify, defend, and hold harmless CAIO, its officers, directors, employees, and agents from and against any claims, damages, losses, costs, and expenses (including reasonable attorney's fees) arising from:

• Your use of the Service in violation of these Terms.
• Your violation of any applicable law or regulation, including data protection, consumer protection, or surveillance laws relating to Marca Script deployments.
• Any claim by a Reviewer, end customer, or other third party related to your use of the Platform or your deployment of the Marca Script.
• Your breach of the Acceptable Use Policy, including capture of sensitive data through the Marca Script.
• Your collection, use, or disclosure of personal information obtained through the Platform in violation of applicable privacy laws.
• Your breach of the Subscriber Content Warranty in Section 6.6.

Carve-back. The foregoing indemnity does not apply to the extent the claim, damage, loss, cost, or expense was caused by CAIO's own gross negligence, willful misconduct, breach of its security or data-protection obligations, or breach of these Terms.

11.2 Our Indemnification

If the Platform is alleged to infringe a valid U.S. patent, copyright, trademark, or trade secret, we may, at our option and expense: (a) obtain a license for continued use, (b) modify the Platform to be non-infringing while maintaining substantially equivalent functionality, or (c) if neither (a) nor (b) is commercially practicable, terminate your subscription and provide a pro-rata refund for any prepaid, unused subscription period. This is your sole and exclusive remedy for any allegation of Platform infringement.

Additional indemnification obligations, including with respect to data breach or privacy law violations by CAIO, are addressed only in Enterprise order forms or MSAs.

12. Termination

12.1 By You

You may terminate your account at any time per Section 5.1.

12.2 By Us

We may suspend or terminate your account: (a) immediately for cause if you materially breach these Terms, fail to pay fees for more than 30 days, expose CAIO infrastructure or other Subscribers to security risk, are subject to an Insolvency Event, or as required by law; or (b) for convenience with 90 days' notice, with a pro-rata refund for any prepaid, unused subscription period.

12.3 Removal of Allegedly Infringing or Unlawful Content

CAIO may remove or disable access to any content in a Subscriber Workspace upon credible notice that it is infringing of third-party intellectual property rights, unlawful, or in violation of these Terms. Where reasonably practicable, we will notify the affected Subscriber after removal.

12.4 Effect of Termination

Access is revoked; the Marca Script ceases accepting new captures from your domains; data is retained for 90 days per Section 5.3 then permanently deleted. Sections 6 (data ownership, IP, aggregate data, output license), 7 (reverse engineering prohibition), 9 (disclaimer), 10 (liability), 11 (indemnification), 14 (governing law), and 16 (confidentiality) survive termination.

13. Modifications to Terms

We may modify these Terms from time to time. For material changes, we will update the Effective Date and notify you via email and/or in-app notification at least 30 days before the changes take effect (60 days for pricing changes). Continued use after the effective date constitutes acceptance. If a change to Sections 6, 9, 10, 11, 14, or 16 materially and adversely affects your rights, you may terminate within 30 days of the effective date and receive a pro-rata refund for any prepaid, unused period.

14. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of North Carolina, without regard to its conflict of laws principles. Any dispute will be submitted to good-faith negotiation for 30 days, then to mediation in Mecklenburg County, NC. If unresolved, the dispute will be resolved in the state or federal courts of Mecklenburg County, NC.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT ANY DISPUTE WILL BE RESOLVED ON AN INDIVIDUAL BASIS AND NOT AS PART OF A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. The prevailing party in any legal action is entitled to recover reasonable attorney's fees and costs. Each party will continue to perform its obligations under these Terms (including payment of Fees) pending resolution of any dispute.

15. General Provisions

• Entire Agreement and order form precedence. These Terms, together with the Privacy Policy and Data Processing Addendum, constitute the entire agreement between you and CAIO regarding the Service. If you and CAIO have executed an order form, MSA, or similar written agreement that conflicts with these Terms, the executed agreement controls to the extent of the conflict for the matters it addresses.
• Beta and experimental features. CAIO may make features available on a beta, preview, or experimental basis. Beta features are provided "as is," may be changed, suspended, or discontinued at any time, and are not subject to other commitments applicable to generally available features.
• Severability and waiver. If any provision is held invalid, the remaining provisions continue in full force. Failure to enforce any provision does not waive the right to enforce it later.
• Assignment. You may not assign your account or these Terms without our consent. We may assign in connection with a merger, acquisition, or asset sale on 30 days' notice.
• Force Majeure. Neither party is liable for failure to perform due to events beyond reasonable control.
• Notices. We will send notices to the email address on your account. You may send notices to [email protected].
• Publicity. We may identify you as a customer only with your prior consent, except where expressly permitted in an executed order form or MSA.
• Government Use. If you are a U.S. government entity, the Service is provided as "commercial computer software" under FAR 12.212.
• Export and law compliance. You agree to comply with all applicable export, import, and other laws.
• Electronic execution. Electronic acceptance has the same legal force as a manual signature.

16. Confidentiality

Each party ("Receiving Party") agrees to hold in confidence non-public business information disclosed by the other ("Disclosing Party") in connection with the Service ("Confidential Information"). This includes, for Subscribers: Pin and Brief content, and Workspace data; for CAIO: proprietary technology and non-public business information.

The Receiving Party will use Confidential Information only as necessary to perform under the Agreement, protect it with at least reasonable care, and limit access to personnel and contractors bound by confidentiality obligations. Confidential Information does not include information that is publicly available, previously known, received from a third party without breach, or independently developed. Disclosure required by law is permitted if the Disclosing Party is given reasonable prior notice where lawful.

This obligation survives termination for three (3) years, except that information constituting a trade secret remains protected for so long as it retains trade-secret status.

17. Copyright Policy (DMCA)

CAIO complies with 17 U.S.C. § 512 (DMCA) with respect to user-submitted content.

Notice of alleged infringement. Send written notices to our designated copyright agent at the address below. To be effective, a notice must include: a physical or electronic signature of the rights holder or authorized agent; identification of the work claimed to be infringed; identification of the allegedly infringing material with information sufficient to locate it; the complainant's contact information; a good-faith statement that the use is not authorized; and a statement under penalty of perjury that the information is accurate and the complainant is authorized to act.

Designated copyright agent.

CAIO LLC — Copyright Agent Email: [email protected] Mailing address: CAIO LLC, Attn: Copyright Agent, [insert street address], Charlotte, NC [insert ZIP], USA

CAIO will register its designated agent with the U.S. Copyright Office as required by 17 U.S.C. § 512(c)(2).

Counter-notification. If your content was removed and you believe the removal was the result of mistake or misidentification, you may submit a counter-notification under 17 U.S.C. § 512(g) with: your signature; identification of the removed material; a statement under penalty of perjury that the removal was a mistake or misidentification; and your name, address, and telephone number, with consent to the jurisdiction of the federal court in Mecklenburg County, NC.

Repeat infringers. We will, in appropriate circumstances, terminate the accounts of Subscribers, Operators, or Reviewers determined to be repeat infringers.

18. Contact

For questions about these Terms:

CAIO LLC

Email: [email protected]

Support: [email protected]

Security and vulnerability disclosure: [email protected]

Website: https://marca.dev