Terms of Service

Last updated: 31 May 2026

These terms govern your use of Marlaio (“the service”), operated by KEI HOLDINGS LIMITED (a New Zealand company), trading as Marlaio. By creating an account, you agree to these terms.

1. What Marlaio does

Marlaio generates draft marketing content (social posts, emails, Google ads) using AI, based on information you provide and public data about your business. Marlaio never publishes or sends content on your behalf; all output is a draft you review and decide what to do with.

2. Your responsibilities as the advertiser

You remain the advertiser for any marketing you publish. You are responsible for:

• Reviewing every draft for accuracy before publishing.
• Compliance with the NZ Fair Trading Act 1986, Australian Consumer Law, Spam Act 2003 (AU), and Unsolicited Electronic Messages Act 2007 (NZ).
• Ensuring any specific claims (prices, dates, availability, awards, comparative language) are accurate to your actual business.
• Holding the rights to any third-party content you upload.
• Where the AANA Code of Ethics (Australia) or other jurisdictional advertising rules require disclosure of AI-generated content, making that disclosure as the publisher. Marlaio is not the advertiser and does not make these disclosures on your behalf.

Marlaio runs an internal compliance check to flag obviously unsupported scarcity / urgency / fabricated claims, but the check is assistive — not a substitute for your own review.

By tapping “Approve” on any draft, you confirm you have reviewed the content and accept responsibility as the advertiser publishing it.

3. Subscriptions and billing

• Plans (Starter NZ$39/mo, Growth NZ$99/mo, Scale NZ$229/mo) deliver a fixed number of monthly content packs.
• One-time content packs (NZ$6) may be purchased anytime, do not renew, and don’t roll over.
• Unused monthly packs may roll over up to one month, capped at one month’s allowance.
• You may cancel anytime via the Customer Portal. After cancellation you keep access through the end of the paid period; no partial refunds for the unused portion.
• After upgrading, downgrading is locked for 30 days.
• Stripe collects 15% GST automatically on NZ sales. Receipts show the legal billing entity (KEI HOLDINGS LIMITED) for tax compliance.

4. Hibernate (off-season pause)

Subscribers may pause to a Hibernate plan (NZ$5/mo) to keep their asset library while not paying for fresh packs. Pause runs in 90-day cycles and auto-renews into hibernation (not back into your previous tier) — you have to actively resume.

5. Acceptable use

You agree not to use Marlaio for:

• Illegal goods or services (drugs, weapons, etc.).
• Spam, scams, phishing, or unsolicited bulk messaging.
• Content that infringes copyrights, harasses identifiable individuals, or targets minors with adult material.
• Misrepresenting another business as your own (using a Place ID you do not own or control).
• Attempting to exfiltrate the AI prompts or bypass rate limits.

We may suspend or terminate accounts that violate these rules without a refund.

6. Content ownership

You own any content you publish using Marlaio drafts. You grant Marlaio a non-exclusive licence to your prompts and source data (your business name, website, intent specifics) solely to generate output and improve the service. We do not train AI models on your individual content.

6a. Warranty and indemnity for third-party data

You warrant that any Google Place ID, website URL, or business details you enter belong to a business you own or are authorised to market for. You indemnify KEI HOLDINGS LIMITED against any claim arising from your input of third-party business data, including any claim under:

• The Australian statutory tort of serious invasion of privacy (Privacy Act 1988 Schedule 2, commenced 10 June 2025).
• The NZ Privacy Act 2020 (including IPP 3A indirect-collection obligations).
• The NZ Fair Trading Act 1986 or Australian Consumer Law in respect of any business representation you cause Marlaio to make.

Third parties who appear in scraped data (e.g., staff names on your website, reviewer names visible on Google) may submit a takedown request via our takedown request form; we action takedowns within 24 hours.

6b. Automated decision-making (AU APP 1.7 disclosure)

Marlaio uses an automated compliance system that may refuse to generate marketing drafts when your inputs lack support for the specific claim (e.g., a “limited to 5” headline with no quantity in your inventory specifics). The decision is automated and applies only to draft generation — it never affects your account, billing, subscription rights, or any other access to the service. If you believe a refusal was incorrect, you can request human review via our contact form. This disclosure satisfies Australian Privacy Principle 1.7 (effective 10 December 2026).

7. Refunds

Our full refund policy is detailed at /refund-policy. In summary:

• Marlaio fault (we could not deliver content for more than 3 consecutive days within a billing period — outage, compliance refusing all channels, or any other delivery failure on our end — or any breach of consumer guarantees): full refund, no fees deducted.
• Change of mind (within 14 days of payment AND fewer than 3 packs generated): refund of the original payment minus the non-refundable payment processor fee (2.9% + NZ$0.30 per Stripe's published rate). This fee is retained because Stripe does not return it to us on refunds.
• After 14 days or 3+ packs: refunds at our discretion; we generally recommend the Hibernate plan (NZ$5/month) which preserves your asset library at minimal cost.

To request a refund, use our contact form (topic: Refund request) with your subscription email and the reason. We process refunds within 7 business days.

This policy does not limit your rights under the NZ Consumer Guarantees Act 1993 or Australian Consumer Law. If our service has a major failure you are entitled to a full refund regardless of how long you have used it.

8. Service availability

Marlaio depends on third-party services (OpenRouter, Anthropic, Google, Supabase, Stripe). We aim for uptime but make no SLA guarantee. If the service is down for more than 24 hours in a billing period, we will credit your account pro rata.

9. Liability

To the maximum extent permitted by law, Marlaio is provided “as is”. Our maximum aggregate liability to you is capped at the amount you paid us in the 12 months preceding the claim. Nothing in these terms limits liability that cannot be excluded under the NZ Consumer Guarantees Act 1993 or Australian Consumer Law.

10. Governing law

These terms are governed by the laws of New Zealand. Any dispute is subject to the exclusive jurisdiction of New Zealand courts.

11. Changes to these terms

We may update these terms by posting a new version at marlaio.com/terms. Material changes will be notified by email at least 14 days before they take effect.

Contact

For questions about these terms, use our contact form.