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Terms of Service

Version 1.0 · Effective Date: January 30, 2026 · Last Updated: January 30, 2026

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("you" or "User") and Arctan Engineering Inc., d/b/a mark5.ai ("mark5.ai," "we," "us," or "our"). By accessing or using any mark5.ai website, application, or service (collectively, the "Service"), you agree to be bound by these Terms.

If you are using the Service on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms.

If you do not agree to these Terms, do not use the Service.

2. Description of Service

mark5.ai provides a cloud-based receipt tracking and expense management platform. The Service allows users to:

  • Upload and store receipt images
  • Automatically extract data from receipts using optical character recognition and AI
  • Categorize and organize expenses
  • Generate expense reports in CSV and PDF formats
  • Manage accounts and settings

The Service is accessible via web browser at mark5.ai and its subdomains (auth.mark5.ai, receipts.mark5.ai, and others).

3. Account Registration and Security

To use the Service, you must create an account by providing a valid email address and password. You agree to:

  • Provide accurate, current, and complete registration information
  • Maintain and update your information to keep it accurate and complete
  • Maintain the security of your password and accept responsibility for all activity under your account
  • Notify us immediately of any unauthorized use of your account

We offer optional two-factor authentication (2FA) via authenticator app. We strongly recommend enabling 2FA. You are responsible for maintaining access to your authentication device.

You must be at least 13 years of age to create an account. If you are under 18, you must have permission from a parent or legal guardian.

4. Free and Paid Plans

4.1 Free Tier

The free tier allows up to 10 receipt uploads per calendar month at no charge. All core features (AI extraction, categorization, reports) are available on the free tier.

4.2 Pro Plan

The Pro plan provides up to 250 receipt uploads per calendar month and priority support. Pro is available at:

  • $4.99 per month (monthly billing)
  • $49.99 per year (annual billing)

4.3 Plan Changes

We reserve the right to modify pricing, features, or plan structure with 30 days' notice to existing subscribers. Changes take effect at the start of the next billing period.

5. Payment and Billing

Paid subscriptions are processed through Stripe, Inc. ("Stripe"). By subscribing to a paid plan, you also agree to Stripe's Terms of Service.

  • Subscriptions automatically renew at the end of each billing period (monthly or annual) unless cancelled before the renewal date.
  • All fees are stated in U.S. dollars and are non-refundable except as required by applicable law.
  • No refunds or credits are provided for partial billing periods.
  • You are responsible for all applicable taxes.
  • If payment fails, we may suspend access to paid features until payment is resolved.

You may cancel your subscription at any time through the account management page. Cancellation takes effect at the end of the current billing period. You will retain access to paid features until that date.

6. User Content and Data

6.1 Ownership

You retain all ownership rights to the content you upload to the Service, including receipt images, expense data, and reports ("User Content"). We do not claim ownership of your User Content.

6.2 License to mark5.ai

By uploading User Content, you grant mark5.ai a limited, non-exclusive license to store, process, and display your content solely for the purpose of providing the Service to you. This license terminates when you delete your content or your account.

6.3 Data Processing

Receipt images are processed using Google Cloud Document AI for data extraction. By using the Service, you consent to this processing. See our Privacy Policy for details on how your data is handled.

6.4 Your Responsibilities

You are solely responsible for the content you upload. You represent that you have the right to upload such content and that it does not violate any law or third-party rights.

6.5 Aggregated and Anonymized Data

We may use aggregated, anonymized data derived from your use of the Service — including extracted receipt text, field corrections, and categorization patterns — to analyze, improve, and develop the Service and its data extraction capabilities. This data is stripped of all personally identifiable information (including your name, email address, account identifiers, and receipt images) and cannot be used to identify you. This anonymized data is not considered User Content and may be retained after you delete your account.

7. Intellectual Property

The Service, including its design, code, features, documentation, and branding, is owned by mark5.ai and protected by copyright, trademark, and other intellectual property laws. You may not:

  • Copy, modify, or create derivative works of the Service
  • Reverse engineer, decompile, or disassemble any part of the Service
  • Use mark5.ai trademarks, logos, or branding without prior written permission
  • Resell, redistribute, or sublicense access to the Service

8. Prohibited Conduct

You agree not to:

  • Use the Service for any unlawful purpose
  • Upload malicious files, viruses, or code
  • Attempt to gain unauthorized access to the Service or other users' accounts
  • Interfere with or disrupt the Service or its infrastructure
  • Use automated means (bots, scrapers) to access the Service without permission
  • Circumvent usage limits or access controls
  • Impersonate any person or entity

Violation of these rules may result in immediate account suspension or termination.

9. 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, timely, secure, or error-free
  • Data extracted from receipts will be accurate or complete
  • The Service will meet your specific requirements
  • Defects in the Service will be corrected

AI-powered data extraction is provided as a convenience. You are responsible for reviewing and verifying all extracted data before relying on it for tax, accounting, or any other purpose.

10. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall mark5.ai, its officers, directors, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, goodwill, or business opportunity, arising out of or related to your use of or inability to use the Service, regardless of the theory of liability.

mark5.ai's total aggregate liability arising out of or related to these Terms or the Service shall not exceed the greater of (a) the amounts you have paid to mark5.ai in the twelve (12) months preceding the claim, or (b) fifty U.S. dollars ($50.00).

The existence of multiple claims does not increase this liability cap. Some jurisdictions do not allow the exclusion or limitation of certain damages, so the above limitations may not apply to you.

11. Indemnification

You agree to defend, indemnify, and hold harmless mark5.ai, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to:

  • Your use of the Service
  • Your violation of these Terms
  • Your violation of any third-party rights
  • Content you upload to the Service

12. Dispute Resolution

Please read this section carefully. It affects your legal rights.

12.1 Informal Resolution

Before filing any formal dispute, you agree to contact us at support@mark5.ai and attempt to resolve the dispute informally for at least 30 days.

12.2 Binding Arbitration

If we cannot resolve a dispute informally, any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules. The arbitration shall be conducted by a single arbitrator. The location of arbitration shall be determined in accordance with the AAA Rules.

12.3 Class Action Waiver

You and mark5.ai agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. You waive any right to participate in a class action lawsuit or class-wide arbitration against mark5.ai.

12.4 Jury Trial Waiver

You and mark5.ai waive any right to a trial by jury in any proceeding arising out of or related to these Terms or the Service.

12.5 Exceptions

Either party may bring a claim in small claims court if the claim qualifies. Either party may seek injunctive or equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement of intellectual property rights.

13. Termination

13.1 By You

You may delete your account at any time from the account management page. Upon account deletion, we will delete your data in accordance with our Privacy Policy.

13.2 By mark5.ai

We may suspend or terminate your account at any time if you violate these Terms or if required by law. Where practicable, we will provide notice before termination.

13.3 Discontinuation of Service

If mark5.ai discontinues the Service, we will provide at least sixty (60) days' prior written notice to the email address associated with your account. During the notice period, you may export and download all of your data using the Service's data export features. Prepaid subscription fees for any unused portion of your billing period following the discontinuation date will be refunded.

13.4 Effect of Termination

Upon termination, your right to use the Service ceases immediately. Sections 6.1 (your ownership of content), 9 (warranties), 10 (liability), 11 (indemnification), 12 (dispute resolution), and 14 (governing law) survive termination.

14. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of California, without regard to conflict of law principles. The Federal Arbitration Act governs the interpretation and enforcement of the arbitration provisions in Section 12.

15. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will notify you by email or by posting a notice on the Service at least 30 days before the changes take effect. Your continued use of the Service after the effective date constitutes acceptance of the updated Terms.

We will update the version number and "Last Updated" date at the top of this page.

16. General Provisions

Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and mark5.ai regarding the Service.

Waiver

Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign our rights and obligations under these Terms without restriction.

Force Majeure

mark5.ai is not liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, power failures, internet outages, government actions, or pandemics.

17. Contact Us

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

mark5.ai
Email: support@mark5.ai

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