By accessing or using markXpand ("the Service"), operated by Nextoria Information Technology LLC ("we," "our," or "us"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not use the Service.
These Terms constitute a legally binding agreement between you and Nextoria Information Technology LLC regarding your use of markXpand. Please read them carefully.
markXpand is an AI-powered marketing platform that enables businesses to create, manage, and optimize advertising campaigns across multiple platforms, including but not limited to:
The Service provides campaign creation, budget management, AI-generated content and imagery, performance reporting, conversion tracking, and multi-platform campaign orchestration.
markXpand is a software platform that automates and assists with advertising tasks. We are NOT an advertising agency, marketing consultant, broker, fiduciary, or representative of any user. You retain full control and responsibility over all campaign decisions, including budgets, targeting, creative content, scheduling, and the timing of launch. AI-generated suggestions and content are tools to assist your decision-making, not professional marketing advice.
markXpand does not provide legal, tax, regulatory, advertising-law, healthcare-advertising, financial-product-advertising, or industry-specific compliance advice. You are solely responsible for determining whether your campaigns, ad creative, targeting, and landing pages comply with all applicable laws, regulations, and third-party platform policies in every jurisdiction where your ads are served.
You must be at least 18 years old and have the legal authority to enter into these Terms. If you are using the Service on behalf of a company or organization, you represent that you have the authority to bind that entity to these Terms.
You are responsible for:
New account registrations may be subject to admin approval. During the approval period, you will not have access to the platform. You will be notified by email once your account has been approved.
This section applies specifically to our use of the Google Ads API and your Google Ads data.
markXpand uses the Google Ads API to provide Google Ads management functionality. Our use of the Google Ads API complies with the Google Ads API Terms and Conditions and the Google API Services User Data Policy.
By connecting your Google Ads account to markXpand, you:
In accordance with Google's policies, we will NOT:
You are responsible for:
This section applies specifically to our use of the Meta Marketing API and your Facebook/Instagram advertising data.
markXpand uses the Meta Marketing API (Graph API) to provide Facebook and Instagram advertising management functionality. Our use of the Meta Platform complies with the Meta Platform Terms, the Meta Developer Policies, and the Meta Privacy Policy.
By connecting your Facebook account to markXpand via Facebook Login (OAuth 2.0), you:
In accordance with Meta's policies, we will NOT:
You are responsible for:
When you disconnect your Facebook account from markXpand or request account deletion, we will delete all stored Meta Platform Data including access tokens, Page IDs, Ad Account IDs, and campaign data created through our platform. You may also request data deletion at any time by contacting info@markxpand.com or by following the instructions in our Privacy Policy.
markXpand integrates with multiple advertising platforms. Each integration is governed by the respective platform's terms of service and policies:
You are responsible for complying with each platform's terms when using markXpand to manage campaigns on those platforms.
You agree NOT to use markXpand to:
You agree NOT to use markXpand to create, publish, or promote advertisements that include or relate to:
You bear sole responsibility for the legality, appropriateness, and regulatory compliance of your campaigns in every jurisdiction where your ads are served. markXpand does not pre-screen, review, or approve ad content, targeting, or landing pages, and is not liable for any regulatory fines, criminal charges, civil claims, account suspensions, fines from third-party platforms, or any other consequences arising from your violation of local laws, advertising regulations, religious or cultural restrictions, or third-party platform policies.
If your ad content violates these restrictions, we may immediately suspend or terminate your account without notice under §15.1, and you remain liable to indemnify markXpand under §14 for any resulting third-party claims or losses.
⚠ Important — Ads Generated by AI
The headlines, descriptions, ad copy, images, and platform recommendations in markXpand are generated by AI and are published as your live ads once you launch a campaign. They are final ad creatives produced by AI on your behalf — and like any ad you place, you must read, verify, and approve every piece of content yourself before launching.
AI may produce output that is inaccurate, off-brand, non-compliant with a platform's ad policies, or unsuitable for your audience. Once published, your ads are subject to each platform's advertising policies and the laws of your jurisdiction — and you, not markXpand, are responsible for what your ads say and show. Please verify carefully before publishing.
markXpand uses artificial intelligence (Google Gemini) to generate marketing content, ad copy, and images. You understand that:
Content generated through markXpand's AI features for your campaigns is yours to use. However, the underlying AI models, algorithms, and platform technology remain the intellectual property of Nextoria Information Technology LLC.
markXpand may offer free and paid subscription plans. Paid plan pricing, included features, and billing frequency (monthly or annual) are disclosed at the time of purchase. Subscription fees grant access to the markXpand platform features defined for your selected plan.
Paid subscriptions automatically renew at the end of each billing period (monthly or annual) at the then-current rate, unless cancelled before the renewal date through your markXpand account settings. By subscribing, you authorize Nextoria Information Technology LLC to charge your designated payment method on each renewal date.
You may cancel your subscription at any time through the Settings page within markXpand. Cancellation takes effect at the end of the current billing period. You will retain access to paid features until that date. Cancellation does not entitle you to a refund of fees already paid for the current period.
Subscription fees are non-refundable except where required by applicable UAE consumer protection law. We do not issue refunds for partial billing periods, unused features, accidental subscriptions, or dissatisfaction with campaign performance.
If a renewal payment fails, we will attempt to charge your payment method again over the following seven (7) days. If payment continues to fail, we may suspend or terminate your access to paid features without further notice. You are responsible for keeping your payment method current.
Subscription fees are quoted exclusive of any applicable taxes. Where Value Added Tax (VAT) or other taxes apply, they will be added to your invoice as required by law (currently 5% VAT in the UAE for applicable transactions).
We may change subscription pricing for future billing periods. Material price changes will be communicated at least thirty (30) days in advance via email to the address on your account. Continued use of paid features after a price change takes effect constitutes acceptance of the new pricing.
markXpand subscription fees are completely separate from your advertising spend on connected third-party platforms (Google Ads, Meta, LinkedIn, TikTok, and others). You are directly responsible for all advertising costs charged by these platforms to your own payment methods. markXpand does not collect, hold, process, or control your advertising budgets on third-party platforms.
⚠ Important — Cancelling markXpand Does Not Stop Your Ad Campaigns
Cancelling your markXpand subscription does NOT pause or cancel any active ad campaigns running on Google Ads, Meta, LinkedIn, TikTok, or other connected platforms. Those campaigns continue running and continue charging your payment methods on those platforms until you separately pause or stop them in each platform's own dashboard (e.g., Google Ads Manager, Meta Ads Manager, LinkedIn Campaign Manager, TikTok Ads Manager).
Your use of markXpand is also governed by our Privacy Policy, which describes how we collect, use, store, and protect your data, including data obtained through the Google Ads API and other platform integrations.
The markXpand platform, including its design, code, features, AI models, algorithms, and branding, is the intellectual property of Nextoria Information Technology LLC. You may not copy, modify, distribute, or create derivative works based on the Service without our written permission.
By using markXpand as a paying or active customer, you grant Nextoria Information Technology LLC a non-exclusive, royalty-free, worldwide license to use your company name, logo, brand identifiers, and a general description of your use of the Service for the purpose of identifying you as a markXpand customer in our marketing and communications materials, including (without limitation): our website, case studies, customer lists, press releases, social media posts, investor presentations, partner submissions to Google, Meta, LinkedIn, TikTok, and similar communications.
We will use commercially reasonable efforts to use your name and logo in a manner consistent with any brand guidelines you provide to us. We will not falsely state that you have endorsed markXpand beyond being a customer.
Opt-out: You may opt out of this publicity use at any time by emailing info@markxpand.com from the email registered on your account. Upon receiving your opt-out request, we will discontinue any new use of your name and logo within thirty (30) days. Materials already printed, published, distributed, or submitted to third parties before your opt-out (including platform partnership applications) may remain in circulation.
markXpand is provided "as is" and "as available." We do not guarantee uninterrupted or error-free operation. Third-party platform APIs (Google Ads, Meta, etc.) may experience downtime or changes that affect markXpand's functionality.
We do not guarantee specific advertising results, including but not limited to impressions, clicks, conversions, or return on ad spend. Campaign performance depends on many factors outside our control, including your targeting, budget, ad quality, and market conditions.
We do not guarantee that AI-generated content will be accurate, appropriate for your audience, or compliant with all advertising policies. You are responsible for reviewing all content.
To the maximum extent permitted by law, Nextoria Information Technology LLC shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages arising out of or relating to your use of markXpand, including but not limited to:
To the maximum extent permitted by law, the total cumulative liability of Nextoria Information Technology LLC arising out of or relating to the Service, regardless of cause or theory (whether contract, tort, statute, or otherwise), shall not exceed the greater of:
This cap applies in aggregate across all claims and is not multiplied by the number of incidents, users, or claimants. The exclusions in §13.1 and the cap in §13.2 reflect a reasonable allocation of risk between you and us and are essential to the pricing of the Service.
You agree to defend, indemnify, and hold harmless Nextoria Information Technology LLC, its officers, employees, contractors, and affiliates from and against any and all claims, demands, damages, liabilities, penalties, fines, costs, and expenses (including reasonable legal fees) brought by a third party arising out of or relating to:
We reserve the right, at our own expense, to assume the exclusive defence and control of any matter subject to indemnification by you, in which case you agree to cooperate fully with our defence. You may not settle any matter without our prior written consent if the settlement would impose an obligation on, or admission by, markXpand or Nextoria Information Technology LLC.
We may suspend or terminate your access to markXpand, with or without prior notice, if:
Suspension does not automatically constitute termination, and we may restore your access once the underlying issue is resolved.
You may cancel your subscription or terminate your use of markXpand at any time:
⚠ Important — Account Deletion is Permanent
When you request account deletion, all of your data stored on markXpand will be permanently deleted within thirty (30) days, including:
This action cannot be undone. Some records (billing receipts, security logs) may be retained for a limited period only as required by law or for fraud prevention, as described in our Privacy Policy.
Reminder: Cancelling your markXpand subscription does NOT stop ad campaigns running on Google Ads, Meta, LinkedIn, TikTok, or other connected platforms. You must pause or end those campaigns separately in each platform's own dashboard. We are not responsible for ad spend incurred after your markXpand subscription ends.
Upon termination by either party:
These Terms are governed by and construed in accordance with the laws of the United Arab Emirates. Any disputes arising from these Terms or your use of markXpand shall be resolved in the courts of Dubai, UAE.
We reserve the right to modify these Terms at any time. Material changes will be communicated via email or a notice on the Service. Continued use after changes constitutes your acceptance.
For questions about these Terms, please contact us:
