Terms of Service

These Terms of Service ("Terms") govern the use of services provided by Madspek ("Madspek," "we," "us," or "our"), including AI Readiness Audits, custom AI agent development, secure data connections, customer support agents, and marketing/content automation agents (collectively, the "Services"). By engaging Madspek or using any Madspek-built tool or dashboard, you ("Client," "you," or "your") agree to these Terms.

1. Overview of Services

Madspek partners with businesses to design, build, and operate AI agents tailored to their workflows, industry, and objectives. The specific scope of Services for each engagement is defined in a separate statement of work, proposal, or agreement between Madspek and the Client. These Terms apply generally across all engagements, alongside any engagement-specific terms agreed separately.

2. Marketing & Content Automation Agents — Service-Specific Terms

For Clients engaging Madspek's marketing/content automation service, the following terms apply specifically:

• Madspek builds and operates a platform that drafts content, presents it to the Client for review and approval, and — upon the Client's approval — publishes it to the Client's own connected accounts on platforms such as Google Business Profile, Facebook, Instagram, and TikTok.
• The Client authorizes Madspek's application to connect to these accounts via each platform's official authorization process (e.g., OAuth). The Client retains full ownership of, and responsibility for, their own accounts on each platform, and may revoke Madspek's access at any time directly through that platform's account settings.
• The Client is responsible for reviewing and approving all content before publication. Madspek's compliance-screening step is provided as an aid, not a guarantee, and does not substitute for the Client's own review, particularly for regulated content (e.g., content referencing prescription medications), where the Client remains responsible for compliance with applicable advertising and healthcare regulations.
• Madspek is not responsible for changes made by Google, Meta, TikTok, or any other platform to their APIs, policies, or review processes that may affect the Service's ability to publish content.

3. Healthcare Clients and Business Associate Agreements

Where a Client is a "covered entity" under HIPAA (e.g., a healthcare provider, pharmacy, or hospital) and an engagement involves Madspek handling Protected Health Information (PHI) on the Client's behalf, a separate Business Associate Agreement (BAA) will be executed between Madspek and that Client before such data is handled, and the terms of that BAA govern the handling of PHI. This does not apply to engagements, such as general marketing/content automation services, that do not involve individual patient health records.

4. Client Responsibilities

• Provide accurate business information, brand guidelines, and any content or data needed for Madspek to perform the Services
• Designate authorized users permitted to review, edit, and approve content or actions on the Client's behalf
• Maintain the accuracy of any information used to inform AI-generated content or agent behavior
• Ensure the Client has the necessary rights and authority to connect the accounts, systems, or data provided to Madspek

5. Intellectual Property

• Each Client retains ownership of their own brand assets, business data, and content they provide to Madspek
• Content generated specifically for a Client through the Services (e.g., drafted posts, published content) belongs to that Client upon approval and publication
• Madspek retains ownership of its underlying platform, agent architecture, tools, and any general-purpose components, templates, or methodology developed to deliver the Services, whether developed before or during a Client engagement

6. AI-Generated Content

Services may involve content or actions generated using third-party AI models (e.g., the Anthropic Claude API). While Madspek designs its agents and review workflows to produce accurate, appropriate, and on-brand output, AI-generated content may occasionally contain errors. The Client's review and approval step exists specifically to catch these before anything is published, and Clients are encouraged to review all content before it goes live, particularly for regulated or sensitive topics.

7. Fees and Payment

Fees for Services are set out in the applicable proposal, statement of work, or separate agreement between Madspek and the Client. Any third-party costs incurred on the Client's behalf (e.g., hosting, messaging, or platform-specific fees) will be disclosed and agreed with the Client in advance where applicable.

8. Term and Termination

• These Terms remain in effect for the duration of the Client's engagement with Madspek
• Either party may terminate an engagement in accordance with the terms set out in the applicable statement of work or agreement
• Upon termination, Madspek will disconnect any platform integrations and handle Client data in accordance with our Privacy Policy

9. Limitation of Liability

To the fullest extent permitted by law, Madspek's liability arising from the Services is limited to the fees paid by the Client for the specific engagement giving rise to the claim. Madspek is not liable for indirect, incidental, or consequential damages, including lost profits or business interruption, except where such limitation is not permitted by applicable law.

10. Disclaimer

The Services are provided on an "as is" basis. Madspek does not guarantee uninterrupted operation of any third-party platform integration (Google, Meta, TikTok, or others), as these depend on those platforms' own APIs, policies, and approval processes, which are outside Madspek's control.

11. Changes to These Terms

We may update these Terms from time to time. Material changes will be communicated to active Clients, and the "Last updated" date at the top of this page will reflect the most recent revision.

12. Governing Law

These Terms are governed by the laws of India, without regard to conflict of law principles. This governs disputes relating to these Terms specifically; it does not affect any data protection obligations Madspek may separately owe under laws applicable to a Client's own location, such as the GDPR (EU) or state privacy laws (US), as described in our Privacy Policy.

13. Contact Us

If you have questions about these Terms, contact us at kirtan@madspek.com.