Terms of Service

These Terms of Service ('Terms') constitute a legally binding agreement between you ('you' or 'your') and IamSafeIP Pty Ltd (ABN 97 680 080 246), trading as Marko™ ('we', 'us', or 'our'). These Terms govern your access to and use of the Marko™ website at www.markotm.com, our trademark registration platform, and all related services. Please read these Terms carefully before using our services.

1. Acceptance of Terms

By accessing our website, creating an account, or using any of our services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you are entering into these Terms on behalf of a business or other legal entity, you represent that you have the authority to bind that entity. If you do not agree to these Terms, you must not access or use our services.

2. Eligibility

You must be at least 18 years of age and have the legal capacity to enter into a binding contract to use our services. By using our platform, you represent and warrant that you meet these eligibility requirements. If you are using our services on behalf of a company or organisation, you represent that you are authorised to accept these Terms on behalf of that entity.

3. Description of Services

Marko™ provides an AI-assisted trademark registration platform that combines artificial intelligence technology with licensed intellectual property attorneys. Our services include:

• AI-powered trademark search and availability analysis across global trademark databases
• Trademark application preparation, attorney review, and filing with government intellectual property offices
• Monitoring of application status and correspondence management with trademark offices
• Office action response preparation by licensed attorneys
• Dashboard for managing your trademark portfolio, applications, and filings

While our platform uses AI technology to assist with trademark analysis and recommendations, all trademark applications are reviewed and filed by licensed intellectual property attorneys. The AI component is a tool that supports — but does not replace — professional legal review.

4. User Accounts

To access certain features of our platform, you may need to create an account. You agree to provide accurate, current, and complete information during registration and to keep your account information updated. You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately at support@markotm.com if you become aware of any unauthorised use of your account. We reserve the right to suspend or terminate accounts that contain inaccurate information or that we reasonably believe have been compromised.

5. Payment Terms

Payment for our services is processed securely through Stripe at the time of purchase. The following terms apply:

• All prices displayed on our platform are inclusive of GST (where applicable) and are shown in the local currency of the selected filing country
• Payment is required in full before we commence work on your trademark application, including government filing fees
• We accept major credit cards (Visa, Mastercard, American Express) and other payment methods supported by Stripe
• Prices may change from time to time. Any price changes will not affect orders already placed and paid for

6. Refund Policy

We understand that circumstances change. Our refund policy is designed to be fair while reflecting the nature of our services:

• Full refund: If you cancel before any work has commenced on your application (including AI search and attorney review), you are entitled to a full refund
• Partial refund: If work has commenced but your application has not yet been filed with the government trademark office, you may be eligible for a partial refund less the cost of work already performed
• No refund after filing: Once your trademark application has been submitted to a government trademark office, government filing fees are non-refundable as they are paid directly to the relevant authority. Our service fees are also non-refundable after filing as the work has been substantially performed

7. Government Filing Fees

Our quoted prices include all applicable government filing fees for the countries and classes you select. Government fees are set by national trademark offices and are outside our control. If a government office increases its fees after you have paid but before we file your application, we will notify you of any difference. Government filing fees paid to trademark offices on your behalf are non-refundable by us, as they are collected and retained by the relevant government authority regardless of the outcome of your application.

8. No Substitute for Independent Legal Advice

While our platform is supported by licensed intellectual property attorneys, the information and recommendations provided through our AI-powered tools and general platform content are for informational purposes and should not be construed as formal legal advice tailored to your specific circumstances. Our attorneys review and file trademark applications based on the information you provide. For complex legal matters, disputes, or situations requiring personalised legal strategy, we recommend consulting with an independent solicitor or trademark attorney. The attorney-client relationship, where it exists, is between you and the specific attorney handling your matter through our platform.

9. No Guarantee of Registration

Trademark registration is subject to examination by government trademark offices and potential opposition by third parties. We do not and cannot guarantee that any trademark application will be approved or registered. Our AI-powered search and analysis tools provide risk assessments and recommendations based on available data, but these are not guarantees of outcome. Trademark offices make independent decisions based on their own examination criteria. We will use our best professional efforts to prepare and file your application, respond to office actions, and support your application through the registration process.

10. Intellectual Property

The Marko™ platform, including its software, design, text, graphics, logos, AI models, algorithms, and all other content and technology, is the property of IamSafeIP Pty Ltd and is protected by Australian and international copyright, trademark, and intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of our platform or its content without our prior written consent. Your use of our services does not grant you any ownership rights in our platform or technology. Trademarks that you submit for registration remain your property at all times.

11. User Content and Data

By submitting information through our platform (including business details, trademark information, logos, and descriptions), you grant us a non-exclusive, worldwide licence to use, reproduce, process, and display such content solely for the purpose of providing our services to you. This includes sharing your information with trademark offices, attorneys, and service providers as necessary to process your applications. You retain all ownership rights in your trademarks, logos, and business information. We will not use your content for any purpose unrelated to providing our services without your explicit consent.

12. Prohibited Conduct

You agree not to:

• Use our services for any unlawful purpose, including filing fraudulent trademark applications or applications that infringe the rights of others
• Provide false, misleading, or inaccurate information in your account registration or trademark applications
• Attempt to gain unauthorised access to our platform, other users' accounts, or our systems and networks
• Interfere with or disrupt the integrity or performance of our platform, including through automated scraping, bots, or denial-of-service attacks
• Resell, sublicense, or commercially exploit our services without our prior written consent

13. Service Availability

We strive to maintain high availability of our platform but do not guarantee uninterrupted or error-free access. Our services may be temporarily unavailable due to scheduled maintenance, system updates, or circumstances beyond our reasonable control. We will endeavour to provide advance notice of planned downtime where practicable. We are not liable for any loss or inconvenience caused by temporary unavailability of our platform.

14. Termination

You may close your account at any time by contacting us at support@markotm.com. We may suspend or terminate your access to our services at our discretion if we reasonably believe you have violated these Terms, engaged in fraudulent activity, or if required by law. Upon termination, your right to use our services ceases immediately. Sections of these Terms that by their nature should survive termination (including intellectual property, limitation of liability, indemnification, and governing law) will continue to apply.

15. Limitation of Liability

To the maximum extent permitted by the Australian Consumer Law and other applicable legislation: (a) our total aggregate liability to you for all claims arising from or related to these Terms or our services shall not exceed the total fees you have paid to us in the twelve (12) months preceding the claim; (b) we shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, business opportunities, data, or goodwill, even if we have been advised of the possibility of such damages; (c) we shall not be liable for any loss arising from decisions made by government trademark offices, third-party oppositions, or the actions of other parties. Nothing in these Terms excludes or limits any consumer guarantees or rights that cannot be excluded under the Australian Consumer Law.

16. Indemnification

You agree to indemnify, defend, and hold harmless IamSafeIP Pty Ltd, its directors, officers, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising from or related to: (a) your use of our services; (b) your breach of these Terms; (c) any information or content you provide through our platform; (d) your infringement of any third-party rights; or (e) any claim by a third party related to a trademark application filed on your behalf.

17. Dispute Resolution

If a dispute arises between you and us in connection with these Terms or our services, we encourage you to first contact us at legal@markotm.com to attempt to resolve the matter informally. If the dispute cannot be resolved informally within thirty (30) days, either party may refer the dispute to mediation administered by the Australian Disputes Centre (ADC) in Sydney, New South Wales. If mediation is unsuccessful, either party may commence legal proceedings in the courts of New South Wales, Australia.

18. Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of New South Wales, Australia. You irrevocably submit to the exclusive jurisdiction of the courts of New South Wales and any courts of appeal therefrom for the resolution of any dispute arising under or in connection with these Terms. If you access our services from outside Australia, you are responsible for compliance with any applicable local laws.

19. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its original intent.

20. Entire Agreement

These Terms, together with our Privacy Policy and any service-specific terms presented to you during the ordering process, constitute the entire agreement between you and IamSafeIP Pty Ltd regarding your use of our services. These Terms supersede all prior agreements, communications, and understandings, whether written or oral, relating to the subject matter hereof.

21. Changes to These Terms

We reserve the right to modify these Terms at any time. Material changes will be communicated by posting the updated Terms on our website with a revised 'Last updated' date and, where practicable, by email notification to registered users. Your continued use of our services after the effective date of any changes constitutes your acceptance of the revised Terms. If you do not agree with any changes, you must stop using our services and close your account.

22. Contact Us

If you have any questions about these Terms or our services, please contact us:

Email: legal@markotm.com
Address: Level 7/185 O'Riordan St, Mascot NSW 2020, Australia