Terms of Service

MarkMyAI is operated by Dominic Tschan, Schützenhausstrasse 12, 5622 Waltenschwil, Switzerland. Contact: dominic@tschansolutions.com.

MarkMyAI provides an API service that embeds publisher-signed C2PA (Coalition for Content Provenance and Authenticity) provenance metadata into AI-generated images and maintains a tamper-evident audit log, assisting users in demonstrating compliance with EU AI Act Article 50 transparency obligations.

The service is currently in beta. During the beta period, C2PA manifests are signed with test certificates that will appear as "Unknown Signer" in consumer verification tools. Production certificates will be deployed before general availability.

You must be at least 18 years old to use this service. By registering, you represent that the information you provide is accurate and complete. You are responsible for maintaining the confidentiality of your API keys.

API keys are issued per account. You must not share, sell, or transfer your API key to third parties. If you believe your key has been compromised, you must revoke it immediately via the Dashboard.

You agree NOT to use MarkMyAI to:

• Mark images that you do not have the right to process or distribute
• Forge, falsify, or misrepresent the origin or creator of an image
• Circumvent or probe the rate limiting or security mechanisms
• Reverse-engineer the fingerprinting or signing algorithms
• Use the service in connection with illegal content or activities
• Generate excessive load through automated abuse (beyond your plan limits)

Violation of this section may result in immediate account termination without refund.

You retain all intellectual property rights in the images you submit for processing. By submitting an image URL, you grant MarkMyAI a limited, non-exclusive license to fetch, process, and sign the image solely for the purpose of providing the service.

The MarkMyAI platform, API, documentation, and all associated software are protected by intellectual property law. You may not reproduce, modify, or distribute them without our express written consent.

MarkMyAI processes images and generates audit records to assist with EU AI Act Article 50 compliance. However:

• We do not provide legal advice. Using MarkMyAI does not guarantee legal compliance with Article 50 or any other regulation.
• You remain solely responsible for ensuring your use of AI-generated content meets all applicable legal requirements.
• The accuracy of compliance depends on the metadata you provide (ai_model, creator, purpose). Providing false metadata is a violation of these Terms.

During the beta period, we do not offer an uptime SLA. We will make commercially reasonable efforts to maintain service availability. Scheduled maintenance will be announced with reasonable notice where possible.

Paid plans will be subject to a separate SLA once general availability is announced.

Pricing plans and limits are described on the pricing page. Paid subscriptions are billed monthly or annually in advance via Stripe. Fees are non-refundable except as required by applicable law.

We reserve the right to change pricing with 30 days' notice. Continued use after the notice period constitutes acceptance of the new pricing.

To the maximum extent permitted by applicable law, MarkMyAI and its operators shall not be liable for:

• Indirect, incidental, special, or consequential damages
• Loss of profits, data, or business opportunities
• Any regulatory penalty or enforcement action arising from your use of the service
• Failures due to third-party services (Supabase, Vercel, Stripe, etc.)

Our total liability for any claim arising from use of the service shall not exceed the amount you paid for the service in the three months preceding the claim.

You may cancel your account at any time via the Dashboard. We may terminate or suspend your account for violations of these Terms, with or without notice.

Upon termination, your access to the API is revoked immediately. Audit log records created during your account's lifetime are retained for the retention period described in our Privacy Policy (7 years for compliance records).

We understand that your compliance records may have long-term legal significance under EU AI Act Article 50. Should we decide to discontinue the MarkMyAI service, we commit to the following:

• 90-day advance notice. We will announce service discontinuation at least 90 calendar days before shutdown via email to all registered users and a notice on the website.
• Full data export. During the notice period, every account holder will have access to a complete machine-readable export (JSON) of all their audit log entries, including mark IDs, image fingerprints, timestamps, C2PA manifest data, and all associated metadata. This export can be stored independently or self-hosted.
• Read-only grace period. All existing verify URLs (verify.markmyai.com/...) will remain accessible in read-only mode for a minimum of 90 days after shutdown to preserve verifiability during transition.
• Embedded C2PA metadata persists. The C2PA provenance data embedded directly in your marked images is independent of our service and will remain readable and verifiable by any C2PA-compatible tool indefinitely, regardless of the status of MarkMyAI.

We are evaluating on-chain anchoring of audit records (Polygon/Base) as an additional permanence layer. If implemented, blockchain-anchored records will be verifiable forever, entirely independent of any service provider. See our research & roadmap for status.

These Terms are governed by the laws of Switzerland, without regard to conflict of law provisions. Disputes shall be subject to the exclusive jurisdiction of the courts of Aargau, Switzerland.

For users in the European Union: Nothing in these Terms affects your statutory rights under applicable EU consumer protection law.

We may update these Terms from time to time. Material changes will be communicated by email at least 14 days before they take effect. Continued use of the service after changes take effect constitutes acceptance of the new Terms.