DRAFT — NOT LEGAL ADVICE — REQUIRES REVIEW BY QUALIFIED LEGAL COUNSEL BEFORE LAUNCH
This text is an internal draft prepared for review. It has not been reviewed or
approved by a lawyer, it is not legal advice, and it is not yet binding on anyone. Items in
[SQUARE BRACKETS] are placeholders that must be completed before
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Terms of Service
Last updated:
These Terms of Service (the “Terms”) are an agreement between you and [LEGAL ENTITY NAME], a [ENTITY TYPE, e.g. Ontario corporation] with its registered address at [REGISTERED ADDRESS] (“MarkMyPages”, “we”, “us”). They govern your access to and use of the MarkMyPages website at markmypages.com and the associated application and API (the “Service”).
By creating an account or using the Service you accept these Terms. If you do not accept them, do not use the Service.
1. What the Service is
MarkMyPages is an annotation layer for documents you already have. You upload PDF and EPUB files, the Service stores them so they can be displayed back to you, and you create highlights, notes, labels and tags anchored to exact locations inside those documents. Annotations can be searched and exported.
MarkMyPages is not a library, a bookstore, a publisher or a content distribution platform. We do not source, license, sell or distribute any documents. Every document in the Service was put there by a user.
2. Your account
- You must be at least [MINIMUM AGE — e.g. 13, or 16 in the EEA] years old to create an account.
- You register with your name and email address, or by signing in with Google. You are responsible for keeping your credentials confidential and for everything done through your account.
- You must give us an email address you control. We use it to verify your account, send transactional messages, and reach you about security or billing matters.
- You can review and revoke your active login sessions at any time from your account settings, and you can delete your account at any time (see section 10).
3. Your content, and the promise you make about it
The documents you upload, and the highlights, notes, labels, tags and other annotations you create, are your content. As between you and us, you keep all rights in it. We claim no ownership.
You grant us a limited, worldwide, non-exclusive, royalty-free licence to host, store, copy, transmit, extract text from and display your content solely in order to operate the Service for you and for the workspace members you share it with. That licence exists only so we can run the product; it ends when you delete the content or your account, subject to the deletion timelines in section 10.
Bring your own content. By uploading a document you represent and warrant that:
- you own it, or you have the licence, permission or legal right (including fair use / fair dealing) to upload it and to use it on the Service; and
- uploading it and having us store, process and display it back to you and to the workspace members you choose does not infringe anyone’s copyright, trade secret, privacy or other rights; and
- it does not contain material that is unlawful for you to possess or distribute.
We do not review uploads in advance, and we do not check whether you have the rights to a document. That responsibility is yours. If we receive a valid infringement notice we will act on it under our DMCA / Copyright Policy.
4. Sharing and team workspaces
Documents are private by default. The only sharing mechanism in the Service is a team workspace: when you add a document to a workspace, every member of that workspace can open, read and download that document, and can see and reply to annotations on it, according to their role (Owner, Admin, Member or Viewer). There is no public sharing and no public link.
Only put a document into a workspace if every member of that workspace is entitled to access it. A workspace is not a distribution channel; sharing a copyrighted work with people who have no right to it is a breach of these Terms.
Workspace owners and admins can add and remove members. Removing a member ends their access to the workspace’s documents. A document uploaded into a workspace counts against the workspace owner’s plan, not the uploader’s personal quota.
5. Exports
You can export your annotations as Markdown, JSON, CSV or a PDF summary. Exports contain your annotations — highlighted excerpts, your notes, labels, page references and deep links — and not the full text of the source document. We do not provide a way to export or redistribute a source document’s contents as a new document.
6. Acceptable use
You agree not to:
- upload content you do not have the right to upload, or use a workspace to distribute copyrighted material to people who have no right to it;
- upload malware, or content that is unlawful, harassing, or that violates someone’s privacy;
- attempt to access another user’s account, documents, annotations or workspace;
- probe, scan, overload or interfere with the Service or its infrastructure, or circumvent rate limits, plan limits or storage quotas;
- scrape or bulk-download the Service other than through your own account’s documented API and export features;
- resell or sublicense the Service without our written permission.
7. Plans, billing and taxes
| Plan | Price | Documents | Storage |
|---|---|---|---|
| Free | $0 | 2 documents | 100 MB (max 50 MB per file) |
| Pro | $1.99 / month | Unlimited | 5 GB (max 500 MB per file) |
| Team | $3.99 / member / month | Unlimited | 10 GB pooled per member |
Prices are in [CURRENCY — USD] and are exclusive of taxes unless stated otherwise. [CONFIRM TAX TREATMENT: sales tax / GST-HST / EU VAT and whether Stripe Tax is enabled.]
- Paid plans are billed in advance on a recurring monthly basis through our payment processor, Stripe, and renew automatically until cancelled. Your card details are handled by Stripe; we never see or store your full card number.
- You can cancel at any time from your billing settings. Cancellation takes effect at the end of the current billing period, and you keep paid features until then.
- Refunds: [STATE THE REFUND POLICY — e.g. no refunds for partial periods, or a 14-day money-back guarantee. Note that statutory withdrawal rights may apply to consumers in the EU/UK.]
- If a payment fails or a subscription ends, your account reverts to the Free plan limits. We do not delete documents automatically because of a downgrade, but you may not be able to upload more until you are back within the Free limits.
- We may change prices on [NOTICE PERIOD — e.g. 30 days’] notice by email. Changes take effect at your next renewal.
8. Availability and changes
We aim to keep the Service available, but we do not offer a contractual uptime guarantee on any plan [UNLESS AN SLA IS ADDED FOR TEAM]. We may add, change or remove features, and we may perform maintenance that makes the Service temporarily unavailable. Where a change materially reduces functionality you paid for, we will tell you by email.
9. Suspension and termination by us
We may suspend or terminate your account if you materially breach these Terms — in particular the content promises in section 3 or the acceptable-use rules in section 6 — if we are required to by law, or if your use threatens the security or integrity of the Service. Where practical we will warn you first and give you a chance to fix the problem. Accounts terminated for repeat copyright infringement are handled under the DMCA / Copyright Policy.
10. Deleting your content and your account
- You can delete any document or annotation at any time.
- Deleted documents are removed from your library immediately and the underlying file is purged from our object storage within 30 days.
- You can delete your entire account from your account settings. Deleting the account cancels any active subscription, permanently deletes your profile, documents, annotations, labels, tags, folders and workspace memberships, revokes all sessions, and removes your stored files from object storage. This cannot be undone.
- Before you delete, you can download everything we hold about you from your account settings. See the Privacy Policy for detail.
- Backups and system logs may retain residual copies for a short period after deletion; see Retention.
11. Our intellectual property
The Service itself — the software, design, trade marks and documentation — belongs to us and our licensors. These Terms give you a limited, revocable, non-transferable right to use the Service; they do not give you any rights in it. Feedback you send us may be used without obligation to you.
12. Disclaimer
The Service is provided “as is” and “as available”. To the maximum extent permitted by law we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose and non-infringement. We do not warrant that the Service will be uninterrupted or error-free, or that text extraction, search or annotation anchoring will be accurate for every document.
Keep your own copies. MarkMyPages is not a backup service. You are responsible for retaining your own copies of the documents you upload.
13. Limitation of liability
To the maximum extent permitted by law, neither party is liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, data or goodwill. Our total aggregate liability arising out of or relating to the Service is limited to the greater of [AMOUNT — e.g. USD $50] and the fees you paid us in the [PERIOD — e.g. twelve (12) months] before the event giving rise to the claim.
Nothing in these Terms excludes liability that cannot be excluded by law, including for fraud, death or personal injury caused by negligence, or consumers’ statutory rights. [CONFIRM CONSUMER-LAW CARVE-OUTS FOR THE TARGET MARKETS.]
14. Indemnity
You will indemnify and hold us harmless against claims, damages and reasonable legal costs arising from content you upload or share, or from your breach of these Terms — in particular a third-party claim that a document you uploaded infringes their rights. [CONSIDER LIMITING OR REMOVING THIS FOR CONSUMER USERS.]
15. Governing law and disputes
These Terms are governed by the laws of [GOVERNING LAW JURISDICTION], without regard to its conflict-of-laws rules. The courts of [VENUE] have exclusive jurisdiction, except that consumers may bring claims in their place of residence where local law requires it. [DECIDE WHETHER TO INCLUDE ARBITRATION / CLASS-ACTION WAIVER — this has significant consequences and varies by jurisdiction.]
16. Changes to these Terms
We may update these Terms. The “last updated” date at the top always reflects the current version. For material changes we will give notice by email or in the app before they take effect. Continuing to use the Service after that date means you accept the new Terms.
17. Contact
Questions about these Terms: [SUPPORT EMAIL — e.g. [email protected]], [LEGAL ENTITY NAME], [REGISTERED ADDRESS]. Copyright notices go to our designated agent — see the DMCA / Copyright Policy.