Legal

Terms of Service

Last updated: March 1, 2026

These Terms of Service (“Terms”) govern your access to and use of the Sitemarks visual feedback and annotation platform, including our website at sitemarks.ai, browser extensions, APIs, and related services (collectively, the “Service”), provided by Sitemarks, Inc. (“Sitemarks,” “we,” “us,” or “our”). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

1. Acceptance of Terms

By creating an account, accessing, or using the Service, you confirm that you are at least 16 years old and that you have the legal authority to enter into these Terms. If you are using the Service on behalf of an organization, you represent that you have the authority to bind that organization to these Terms, and “you” refers to that organization.

2. Description of Service

Sitemarks provides a visual feedback and annotation platform that allows users to annotate live websites, images, PDFs, and videos; collaborate with team members in real time; manage feedback through threaded comments; integrate with third-party tools; and share review links with external stakeholders.

We reserve the right to modify, suspend, or discontinue any part of the Service at any time, with or without notice. We will use reasonable efforts to provide advance notice of material changes.

3. Accounts

3.1 Registration

To use certain features of the Service, you must create an account. You agree to provide accurate, current, and complete information during registration and to keep your account information up to date.

3.2 Account Security

You are responsible for maintaining the security of your account credentials. You agree to notify us immediately of any unauthorized access to or use of your account. We are not liable for any loss arising from unauthorized use of your account.

3.3 Organizations

If you create an organization on the Service, you are the organization administrator and are responsible for managing members, permissions, and billing. Organization administrators may access and manage content created by organization members within the scope of the organization.

4. Subscription and Billing

4.1 Plans and Pricing

The Service is offered under Free, Pro, and Enterprise plans. Current pricing is available at sitemarks.ai/pricing. We may change pricing with at least 30 days' advance notice. Price changes take effect at the start of your next billing cycle.

4.2 Payment

Paid plans are billed in advance on a monthly or annual basis. Payment is processed through Stripe. You authorize us to charge your payment method for the applicable fees. All fees are non-refundable except as expressly provided in these Terms.

4.3 Free Trials

We may offer free trials for paid plans. At the end of the trial period, you will be charged the applicable subscription fee unless you cancel before the trial ends. We will notify you before your trial expires.

5. User Content

5.1 Ownership

You retain all rights in the content you upload, create, or share through the Service (“User Content”), including annotations, comments, images, videos, PDFs, and other materials. We do not claim ownership of your User Content.

5.2 License to Sitemarks

You grant Sitemarks a worldwide, non-exclusive, royalty-free license to use, store, reproduce, and display your User Content solely to the extent necessary to provide and improve the Service. This license terminates when you delete your User Content or your account, subject to reasonable backup and archival periods.

5.3 Prohibited Content

You agree not to upload, share, or create User Content that:

  • Violates any applicable law or regulation
  • Infringes on the intellectual property rights of others
  • Contains malware, viruses, or malicious code
  • Is defamatory, harassing, or threatening
  • Contains personal information of others without their consent
  • Is obscene, pornographic, or exploitative of minors

6. Intellectual Property

The Service, including its design, code, features, documentation, and trademarks, is owned by Sitemarks and protected by copyright, trademark, and other intellectual property laws. These Terms do not grant you any right to use our trademarks, logos, or brand features without prior written consent.

We welcome feedback and suggestions about the Service. You agree that we may use feedback without obligation to you.

7. Acceptable Use

You agree not to:

  • Use the Service for any illegal purpose
  • Attempt to gain unauthorized access to the Service or its systems
  • Interfere with or disrupt the Service or its infrastructure
  • Reverse-engineer, decompile, or disassemble any part of the Service
  • Use automated tools to scrape, crawl, or extract data from the Service without authorization
  • Resell, sublicense, or redistribute the Service without written consent
  • Circumvent any access controls, rate limits, or usage restrictions
  • Impersonate any person or entity

8. Third-Party Integrations

The Service may integrate with third-party services (Slack, Linear, GitHub, Jira). Your use of third-party integrations is subject to their respective terms of service and privacy policies. We are not responsible for the availability, accuracy, or practices of third-party services.

9. Termination

9.1 By You

You may cancel your account at any time through your account settings. Upon cancellation of a paid plan, you will retain access to paid features until the end of your current billing period. No refunds are provided for partial billing periods.

9.2 By Sitemarks

We may suspend or terminate your account if you violate these Terms, engage in conduct that is harmful to other users or the Service, or fail to pay applicable fees. We will provide reasonable notice before termination, except in cases of severe violations.

9.3 Effect of Termination

Upon termination, your right to access the Service ceases immediately. We will retain your data for 30 days after termination, during which you may request an export. After 30 days, your data will be permanently deleted.

10. Disclaimer of Warranties

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, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SITEMARKS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY.

OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE TWELVE MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

12. Indemnification

You agree to indemnify, defend, and hold harmless Sitemarks, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in connection with your use of the Service, your User Content, or your violation of these Terms.

13. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of California, United States, without regard to conflict of law principles. Any disputes arising from these Terms or the Service shall be resolved through binding arbitration administered by JAMS in San Francisco, California, except that either party may seek injunctive relief in any court of competent jurisdiction. You agree to waive any right to a jury trial or participation in a class action.

14. Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes by posting the updated Terms on this page and updating the “Last updated” date. For significant changes, we will provide notice through the Service or by email at least 30 days before the changes take effect. Your continued use of the Service after changes constitutes acceptance of the updated Terms.

15. General Provisions

  • Entire Agreement: These Terms, together with the Privacy Policy, constitute the entire agreement between you and Sitemarks regarding the Service.
  • Severability: If any provision of these Terms is held unenforceable, the remaining provisions will continue in full force and effect.
  • Waiver: Our failure to enforce any right or provision does not constitute a waiver of that right or provision.
  • Assignment: You may not assign these Terms without our prior written consent. We may assign these Terms without restriction.
  • Force Majeure: Neither party shall be liable for delays or failures caused by events beyond reasonable control, including natural disasters, pandemics, or government actions.

16. Contact Us

If you have questions about these Terms, please contact us: