Terms of Service

Last updated: 4 August 2026 · Applies to all users of Markena worldwide.

These terms are a contract between you and us. They govern your access to and use of Markena, including the marketing site at markena.co.uk, the command centre at app.markena.co.uk, the documentation, the API and any embeddable widgets. By creating an account, or by using the service, you agree to them. If you do not agree, do not use the service.

S H H P M services co LLC, a limited liability company registered in Dubai, United Arab Emirates under professional trade licence number 1183314, with its registered office at Office 43–44, Bin Darwish Building, Deira, Dubai, United Arab Emirates. We trade as Markena. In these terms "we", "us" and "our" mean S H H P M services co LLC.

This policy is general information about Markena's service and is not legal advice. Mandatory rights under applicable law are not limited by it.

1. Definitions

"Service" means Markena and everything we make available through it.
"Account" means your registered access to the Service.
"Workspace" means the environment in which your business context, plans and generated work are held.
"Your Content" means everything you supply: business information, brand material, uploads, prompts and instructions.
"Output" means material generated by the Service in response to Your Content.
"Credits" means the units consumed when an AI task runs.
"Consumer" has the meaning given in the Consumer Rights Act 2015 — an individual acting wholly or mainly outside their trade, business, craft or profession.

2. The Service

Markena provides AI-assisted marketing planning, drafting, publishing workflow and conversation automation. We provide the tools; you remain responsible for what you publish and for complying with the laws and platform rules that apply to your business.

The following are deliberate characteristics of the Service and not defects:

The Service drafts and plans. It does not act on your behalf without your approval.
Advertising and analytics connectors are read-only. They do not launch campaigns, alter budgets or spend your money.
Publishing to third-party platforms depends on those platforms approving the relevant access for the application. Where that approval is not in place, the Service prepares the work for you to publish manually.
Forecasts, competitor figures and readiness scores are directional estimates, labelled as such.
Workspace roles create real access. Owners and admins are responsible for assigning the minimum role and business scope each person needs, reviewing access regularly, and revoking it promptly when it is no longer required.

We may add, change or remove features. Where a change materially reduces the functionality of a paid plan, we will give you at least 30 days' notice and you may terminate under clause 17.3 without penalty.

3. Eligibility and accounts

You must be at least 18 and legally able to enter into a contract.
If you accept these terms for an organisation, you confirm you have authority to bind it, and "you" means that organisation.
You must give accurate registration details and keep them current.
You are responsible for all activity under your Account, including anything done by anyone you allow to use it.
You must keep your credentials secure. We strongly recommend enabling two-factor authentication.
Tell us promptly at support@markena.co.uk if you suspect unauthorised access.
One person or organisation may not operate multiple accounts to obtain additional free trials. We may close accounts created for that purpose.

4. Free trial

New accounts receive a 7-day trial with 500 trial credits.
Trial credits are issued only after you verify your email address.
To start the trial you choose a plan and add a payment card. No payment is taken during the trial. When it ends, the plan you chose begins and your card is charged for it, unless you cancel before the trial ends. You can cancel at any time from the Billing page, and the price you will pay after the trial, including any introductory discount and how long it lasts, is shown before you add your card.
We may decline, suspend or shorten a trial where our anti-abuse checks indicate the account is a repeat or artificial signup. Where an account is held for review, a person makes that decision.
Trials are for evaluating the Service. Using a succession of trials in place of a subscription is a breach of these terms.

5. Plans, credits and billing

5.1 Plans

Paid plans are subscriptions. Each includes a monthly allowance of Credits, functional capabilities and usage limits described at the point of sale. Available agents, automation tools, channels, workspaces and other product areas may differ by plan. Security protections and access to your own exported data are not reduced by plan tier.

5.2 Billing frequency

You choose monthly or annual billing at checkout.

Monthly — charged in advance on the same day each month, renewing until cancelled.
Annual — charged once in advance for twelve months, renewing annually until cancelled. Annual billing costs less per month; the Credit allowance and features are identical.

Switching between frequencies takes effect at your next renewal. We do not pro-rate a mid-term switch unless we say otherwise in writing.

5.3 Credits

Credits are consumed as AI tasks run, in proportion to the work involved.
Plan Credits are refreshed at the start of each billing period and do not roll over.
Top-up Credit packs may be bought at any time. Unused top-up Credits do roll over, and are consumed only after the current period's plan allowance.
Credits have no cash value, cannot be exchanged for money, and are not transferable between accounts.
Static automation replies do not consume Credits. AI-generated replies and FAQ-bot answers do.

5.4 Payment

Payments are processed by Stripe. Card details go directly to Stripe; we never receive or store them.
You authorise us to charge your payment method for each renewal until you cancel.
Prices are shown in pounds sterling. Where tax is chargeable, whether it is included or added is stated at checkout.
You are responsible for any withholding tax, bank charge or currency conversion cost your payment provider applies.
If a payment fails we may retry it. If it remains unpaid we may suspend access after notifying you, and terminate the subscription if it stays unpaid for 14 days.

5.5 Price changes

We may change prices on at least 30 days' notice by email. A change takes effect at your next renewal. If you do not accept it, cancel before that renewal and you will not be charged the new price.

5.6 Refunds

Refunds and cancellation are governed by our Refund & Cancellation Policy, which forms part of these terms.

6. Acceptable use

Your use must comply with our Acceptable Use Policy, which forms part of these terms. We may suspend or terminate accounts that breach it, that put the Service or other customers at risk, or that we reasonably believe are being used unlawfully or fraudulently.

7. AI-generated Output — important

Please read this clause carefully. It describes a real and material limitation of the Service.

Output is generated by machine learning models and may contain errors, invented facts, outdated information, or claims that do not apply to your business.
Output is a draft for a human to review. It is not professional, legal, financial, medical or regulatory advice, and must not be relied on as such.
You are responsible for checking accuracy, substantiating every advertising claim, and ensuring Output complies with the advertising rules that apply to you — including the CAP and BCAP Codes in the UK, and the rules of any platform you publish to.
Similar prompts may produce similar Output for different customers. We do not warrant that Output is original, novel, or free from third-party rights, and we do not warrant that you can obtain exclusive rights in it.
You must not present Output as having been produced by a qualified professional where it has not.
Estimates, forecasts, competitor figures and readiness scores are directional and are not measured facts. Do not present them as such to investors, boards or clients.
Where a jurisdiction requires AI-generated content to be disclosed, that disclosure is your responsibility.

8. Your Content

You keep ownership of Your Content. We claim no ownership in it.
You grant us a worldwide, non-exclusive, royalty-free licence to host, copy, transmit, display and process Your Content solely to provide and support the Service. This licence ends when you delete the content or permanently delete your account, except for encrypted backup copies pending expiry.
You confirm you have all rights necessary to supply Your Content and to let us process it as described.
You must not upload content you have no right to use, or content that infringes anyone's rights.
As between you and us, you own the Output generated for you, to the extent it is capable of ownership, subject to clause 7.4.

9. Our intellectual property

We own the Service, its software, interfaces, documentation, models of operation, brand, name, logo and all associated intellectual property. Nothing in these terms transfers any of it to you. You receive a limited, non-exclusive, non-transferable, revocable licence to use the Service in accordance with these terms for the duration of your subscription.

You must not copy, modify, reverse engineer, decompile, or create derivative works from the Service, except to the extent that restriction is prohibited by law. You must not remove or obscure any proprietary notice.

If you give us feedback or suggestions, we may use them without restriction and without owing you anything. We will not identify you as their source without your permission.

10. Third-party services

Connecting Google, Meta, Stripe, WordPress, Telegram or any other provider means that provider's terms also apply to you, in addition to these terms.
We are not responsible for changes those providers make to their APIs, pricing, availability or policies, or for their acts or omissions.
Where a provider withdraws or restricts access, the affected feature may stop working. That does not entitle you to a refund except as set out in the Refund Policy.
Access to some connectors requires the provider's own approval of our application. Until that approval is in place, those connectors are unavailable, and we do not warrant when or whether approval will be granted.

11. Availability and support

We aim to keep the Service available and to fix faults promptly, but we do not guarantee uninterrupted or error-free operation.
Maintenance, third-party outages, AI provider rate limits and events outside our control all affect availability. We will give reasonable notice of planned maintenance where we can.
Support is provided by email during business hours. Priority support is included on the plans that list it.
No service level agreement is offered. If you need contractual availability commitments, contact legal@markena.co.uk to discuss separate terms.

12. Data protection

Our handling of personal data is described in the Privacy Policy. Where we process personal data about your own customers and leads, we do so as your processor and clause 15 of the Privacy Policy applies. If you need a signed data processing agreement, email legal@markena.co.uk.

13. Confidentiality

Each party may receive information the other treats as confidential. Each party will keep the other's confidential information confidential, use it only to perform this contract, and protect it with at least reasonable care. This does not apply to information that is public through no breach, was already lawfully known, is independently developed, or must be disclosed by law — and in that last case the disclosing party will be told first where legally permitted.

14. Warranties and disclaimers

We warrant that we will provide the Service with reasonable care and skill.

Except as expressly stated in these terms, and to the fullest extent permitted by law, the Service is provided "as is" and we exclude all other warranties, conditions and terms, whether express, implied or statutory, including any implied warranty of satisfactory quality, fitness for a particular purpose, non-infringement, or that Output will be accurate, original, effective or produce any particular commercial result.

Nothing in this clause affects the statutory rights of a Consumer. If you are a Consumer, you have legal rights in relation to services not carried out with reasonable care and skill, and nothing here limits those rights.

15. Limitation of liability

Nothing in these terms limits or excludes liability for: death or personal injury caused by negligence; fraud or fraudulent misrepresentation; any liability that cannot lawfully be limited or excluded; or, for Consumers, liability under the Consumer Rights Act 2015.
Subject to clause 15.1, we are not liable for: indirect, special or consequential loss; loss of profit, revenue, business, contracts or anticipated savings; loss of goodwill or reputation; loss or corruption of data (you are responsible for exporting the work you need); or losses arising from your reliance on Output without the review clause 7 requires.
Subject to clause 15.1, our total aggregate liability arising out of or in connection with these terms, whether in contract, tort (including negligence), breach of statutory duty or otherwise, is limited to the total fees you paid us in the 12 months before the event giving rise to the claim, or £100 if you have paid us nothing.
You accept that the fees reflect this allocation of risk, and that we would not provide the Service on these prices without it.

16. Indemnity (business customers only)

If you are not a Consumer, you will indemnify us against all losses, damages, liabilities, costs and reasonable legal fees arising from: your breach of these terms or the Acceptable Use Policy; Your Content; anything you publish that was drafted by the Service; your infringement of a third party's rights; and your breach of data protection or marketing law in relation to people you contact using the Service.

17. Term and termination

Term. These terms apply from the moment you create an Account until it is closed.
By you. You may cancel at any time through the Stripe billing portal opened from Billing. Cancellation stops the next renewal; your plan remains active until the end of the period you have paid for. You may also permanently delete your Account from Settings; that ends access immediately and cancels an active subscription.
By you, for our change. If we materially reduce the functionality of your paid plan, or change these terms to your material detriment, you may terminate before the change takes effect and receive a pro-rata refund of the unused part of your current period.
By us, for breach. We may suspend or terminate immediately for material breach, non-payment, unlawful use, or conduct that puts the Service or other customers at risk. Where practical and not counterproductive, we will warn you first and give you a chance to fix it.
By us, for convenience. We may terminate on 30 days' notice, refunding the unused part of any period you have paid for.
Effect. On termination your right to use the Service ends and your Account is closed. Export anything you need first. Data is then deleted in line with the retention table in the Privacy Policy.
Survival. Clauses 8, 9, 13, 14, 15, 16, 18 and 19 survive termination, together with any provision that by its nature should.

18. Governing law and disputes

Governing law. These terms and any dispute arising out of or in connection with them, including non-contractual disputes, are governed by the laws of England and Wales.
Jurisdiction. The courts of England and Wales have exclusive jurisdiction, except that: (a) if you are a Consumer resident in the UK or the EEA, you may also bring proceedings in the courts of your country of residence, and nothing deprives you of the protection of mandatory consumer law there; and (b) we may bring proceedings to enforce these terms or protect our intellectual property in the courts of the UAE or of any country where you are established.
Talk to us first. Before starting proceedings, please contact legal@markena.co.uk. Nearly everything is resolved faster this way.

19. General

Entire agreement. These terms, together with the Privacy Policy, Cookie Policy, Refund Policy and Acceptable Use Policy, are the whole agreement between us about the Service. They replace anything said or written beforehand, except that nothing excludes liability for fraudulent misrepresentation.
Changes. We may change these terms. We will post the updated version with a new date and, where the change is material, notify account holders at least 14 days before it takes effect. Continuing to use the Service afterwards means you accept it. If you do not, cancel before it takes effect.
Assignment. You may not assign or transfer these terms without our written consent. We may assign them to a group company or to a successor in connection with a merger, acquisition or sale of assets.
Subcontracting. We may use subcontractors and sub-processors to deliver the Service, and we remain responsible for their performance.
No waiver. A delay in enforcing a right is not a waiver of it.
Severability. If any provision is held unenforceable, the rest continues in force and the offending provision is modified to the minimum extent needed to make it enforceable.
No partnership. Nothing creates a partnership, joint venture, agency or employment relationship.
Third parties. Nobody other than you and us has any right to enforce these terms under the Contracts (Rights of Third Parties) Act 1999.
Force majeure. Neither party is liable for failure to perform caused by events beyond its reasonable control, including infrastructure failure, third-party provider outage, cyber attack, government action, or natural disaster. Payment obligations are not excused.
Notices. Notices to us go to legal@markena.co.uk and to the registered office. Notices to you go to the email address on your Account and are treated as received when sent.
Language. These terms are written in English. Any translation is provided for convenience and the English version prevails.

20. Contact

S H H P M services co LLC, Office 43–44, Bin Darwish Building, Deira, Dubai, United Arab Emirates.
General: support@markena.co.uk · Legal: legal@markena.co.uk