Terms of Service

Last updated: March 2026

These Terms of Service (“Terms”) govern your use of Pressmark’s website, application, and services (together, the “Service”) operated by Pressmark (“we,” “us,” “our”). By creating an account or using the Service, you agree to these Terms.

The short version: You own your content. We’re an AI co-editing tool — you’re the publisher. AI output may not be copyrightable without your human editing. Credits expire monthly. Don’t use us for spam.

Contents

1. The Service
2. Your Account
3. Your Content and Ownership
4. Our License to Operate
5. AI-Generated Content
6. Acceptable Use
7. Credits and Billing
8. Privacy
9. Intellectual Property and DMCA
10. Disclaimers and Limitation of Liability
11. Indemnification
12. Account Termination
13. Dispute Resolution
14. General Provisions

1. The Service

Pressmark is an AI-powered newsletter creation platform. You provide writing samples, research materials, audience definitions, and creative direction. Our AI co-editor, Pressy, helps you draft, refine, and produce newsletter content. You then export your finished newsletters and distribute them through your own email service provider.

Pressmark is a drafting tool, not a publisher. We help you create content. We do not send, distribute, or publish newsletters on your behalf. You are solely responsible for the final content you publish and how you distribute it.

2. Your Account

You must be at least 16 years old to use the Service. You are responsible for maintaining the security of your account credentials and for all activity under your account. If you become aware of unauthorized use, notify us immediately at support@getpressmark.com.

We may suspend or terminate accounts that violate these Terms. You may delete your account at any time — see our Data Storage Policy for what happens to your data.

3. Your Content and Ownership

You own your content. Everything you create, upload, or provide to Pressmark — including writing samples, research documents, newsletter drafts, audience descriptions, and messages to Pressy — remains yours (“Your Content”).

We own nothing you create. Pressmark hereby assigns to you all of our right, title, and interest in any content generated by the Service on your behalf (“Output”), to the extent such rights exist under applicable law. We disclaim any ownership interest in your Output.

Your content stays private. Your Content and Output are visible only to you (and to our sub-processors as necessary to provide the Service). We do not display, publish, or share your content with other users.

4. Our License to Operate

To provide the Service, we need your permission to process your content through our systems and AI providers. You grant us a limited, non-exclusive, worldwide, royalty-free license to use, host, store, reproduce, and transmit Your Content solely for the purposes of:

• Providing, maintaining, and improving the Service
• Processing your content through AI providers to generate Output
• Storing your content in your account
• Creating backups for disaster recovery

This license is not perpetual, irrevocable, or sublicensable beyond our current sub-processors listed at Sub-Processor List. This license terminates when you delete your account, subject to the deletion timeline described in our Data Storage Policy. We do not use your content for advertising, marketing to other users, or any purpose unrelated to providing you with the Service.

5. AI-Generated Content

Accuracy

Pressmark’s AI features may produce content that contains inaccuracies, errors, or information that does not reflect reality. AI-generated content may include incorrect facts, fabricated citations, outdated information, or statements that do not accurately represent people, places, organizations, or events.

You are responsible for reviewing all AI-generated content before publishing. Pressmark provides AI-assisted drafting tools — not fact-checking, legal review, or editorial verification. Reliance on the factual accuracy of AI-generated output is entirely at your own risk.

Copyright Limitations

Under current United States law (as affirmed by the Supreme Court’s denial of certiorari in Thaler v. Perlmutter, March 2, 2026), works generated entirely by artificial intelligence without meaningful human creative input are not eligible for copyright protection.

Pressmark is designed as an AI co-editor that assists your creative process. The more you direct, edit, curate, and modify AI-generated output — making substantive creative decisions rather than accepting raw AI output — the stronger your potential copyright claim. We encourage you to treat AI output as a starting point for your own editorial work.

Pressmark makes no representation or warranty regarding the copyrightability of any Output. Your ability to enforce intellectual property rights over AI-generated content depends on applicable law in your jurisdiction and the degree of your human creative contribution.

Non-Uniqueness

AI models may generate similar or identical output for different users based on similar inputs. You acknowledge that other Pressmark users, or users of the same underlying AI models through other services, may receive output substantially similar to yours. This does not constitute infringement by Pressmark or any other user.

Your Role as Publisher

When you export content from Pressmark and distribute it to your audience, you are the publisher. You assume full responsibility for the content you publish, including its accuracy, legality, and compliance with applicable laws. Pressmark’s role ends when you export or copy content from the Service.

6. Acceptable Use

You agree not to use the Service to:

• Generate spam. Creating newsletters with the intent to send unsolicited bulk email, or generating multiple newsletters with substantially similar AI-generated content to flood inboxes, is prohibited. If newsletters you send using content created with Pressmark generate a spam complaint rate exceeding 0.1%, we may restrict or terminate your account.
• Generate deceptive content. Creating content that impersonates another person or entity, fabricates endorsements, or misleads readers about the source or nature of the content.
• Generate harmful content. Creating content intended to harass, threaten, defame, or incite violence against any person or group. Creating non-consensual intimate imagery or deepfakes.
• Generate illegal content. Creating content that violates applicable law, including content that infringes intellectual property rights, violates privacy rights, or constitutes fraud.
• Manipulate elections. Creating content designed to mislead voters, impersonate candidates or officials, or otherwise interfere with democratic processes.
• Circumvent safety measures. Attempting to bypass AI content filters, safety classifiers, or usage restrictions.
• Abuse the credit system. Creating multiple accounts to obtain additional free credits, sharing account credentials, or reselling credits or access.
• Reverse-engineer the Service. Attempting to extract, reverse-engineer, or replicate Pressmark’s AI prompts, workflows, or proprietary systems.

We may terminate your account immediately and without refund for violations of this section. We also reserve the right to report suspected illegal activity to law enforcement.

Compliance With Email Laws

If you use content created with Pressmark in commercial emails, you are responsible for complying with all applicable email laws, including CAN-SPAM (US), GDPR (EU), CASL (Canada), and equivalent regulations. This includes providing a valid physical postal address, honoring opt-out requests, and using accurate header information. Pressmark does not send your newsletters — you do — and compliance is your responsibility.

AI Disclosure

We encourage you to disclose to your newsletter subscribers that AI tools were used in creating your content. Some jurisdictions may require such disclosure. Transparency with your audience builds trust.

7. Credits and Billing

How Credits Work

Pressmark operates on a credit-based system. AI operations (content generation, voice analysis, profile creation, and other AI features) consume credits. Different operations cost different amounts.

Plans and Pricing

Current pricing is available at getpressmark.com/pricing. We may change pricing with 30 days’ notice to active subscribers.

Credit Terms

• Monthly reset. Unused credits expire at the end of each billing cycle. Credits do not roll over.
• Non-refundable. Credits are non-refundable except where required by applicable law. If an AI operation fails due to a system error, credits are automatically refunded.
• Non-transferable. Credits cannot be transferred between accounts, converted to cash, or redeemed for any form of monetary value. Credits are not a stored-value account, financial instrument, or gift card.
• No cash value. Credits represent pre-purchased access to AI computing resources, not currency.

Tier Changes

• Upgrades take effect immediately. You will be charged the prorated difference for the remainder of your current billing cycle, and your credit balance will be adjusted.
• Downgrades take effect at the start of your next billing cycle. You retain your current plan’s features and credit balance until the cycle ends. Excess unused credits are forfeited upon downgrade.

EU Consumer Rights

If you are a consumer in the European Union, you may have additional rights regarding refunds under consumer protection laws, including the right to withdraw from a digital content contract within 14 days of purchase if you have not yet used the Service. By using credits after purchase, you acknowledge that you are requesting immediate performance of the Service and consent to forfeiting this withdrawal right to the extent credits have been consumed.

Cancellation

You may cancel your subscription at any time. Cancellation takes effect at the end of your current billing cycle. You retain access to paid features until then. After cancellation, your account reverts to the Free plan.

8. Privacy

Your use of the Service is governed by our Privacy Policy, which describes how we collect, use, and protect your information. Our Data Storage Policy provides additional detail on retention and deletion. Our Cookie Policy describes the cookies we use.

9. Intellectual Property and DMCA

Pressmark’s Intellectual Property

The Service — including its software, design, branding, AI prompts, workflows, and documentation — is owned by Pressmark and protected by intellectual property laws. These Terms do not grant you any rights to our intellectual property except the limited right to use the Service as described here.

Your Uploaded Content

You represent and warrant that you have all necessary rights and permissions to upload the content you provide to the Service, and that your use of such content does not infringe any third party’s intellectual property rights, privacy rights, or other legal rights.

You acknowledge that research documents you upload may be transmitted to third-party AI providers as context for content generation (see our Sub-Processor List). You are responsible for ensuring you have the right to use uploaded content in this manner.

DMCA Compliance

We respect intellectual property rights and comply with the Digital Millennium Copyright Act (DMCA). If you believe content on the Service infringes your copyright, you may submit a takedown notice to our designated DMCA agent:

DMCA Agent: [Name to be inserted upon registration]
Email: dmca@getpressmark.com
Address: [Physical address to be inserted]

Your notice must include: identification of the copyrighted work, identification of the infringing material, your contact information, a statement of good faith belief that the use is unauthorized, a statement under penalty of perjury that your notice is accurate, and your physical or electronic signature.

Counter-Notification

If you believe your content was removed in error, you may submit a counter-notification with: identification of the removed content, a statement under penalty of perjury that removal was a mistake, your contact information, consent to jurisdiction, and your signature.

Repeat Infringers

We will terminate the accounts of users who are repeat infringers of intellectual property rights.

10. Disclaimers and Limitation of Liability

Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, PRESSMARK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Without limiting the foregoing, Pressmark does not warrant that:

• AI-generated content will be accurate, complete, current, or error-free
• The Service will be uninterrupted, secure, or free of bugs
• Any specific results will be achieved through use of the Service
• AI-generated content will be eligible for copyright protection

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PRESSMARK’S TOTAL LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNTS YOU PAID TO PRESSMARK IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED US DOLLARS ($100).

IN NO EVENT SHALL PRESSMARK BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, REGARDLESS OF THE THEORY OF LIABILITY.

These limitations apply even if Pressmark has been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability, so some of the above may not apply to you.

11. Indemnification

Your Indemnification

You agree to defend, indemnify, and hold harmless Pressmark and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys’ fees) arising from:

• Your use of the Service
• Content you upload, create, or publish using the Service
• Your violation of these Terms
• Your violation of any third party’s rights, including intellectual property rights
• Newsletters you distribute that were created using the Service
• Third-party claims related to research documents or other materials you upload to the Service

Our Indemnification

We will defend and indemnify you against third-party claims alleging that the Pressmark software itself (excluding your content and AI-generated output) infringes a third party’s intellectual property rights, provided you promptly notify us of the claim and cooperate with our defense.

12. Account Termination

By You

You may delete your account at any time through the Service or by contacting support@getpressmark.com. Upon deletion, we initiate a cascade deletion as described in our Data Storage Policy.

By Us

We may suspend or terminate your account if you violate these Terms, engage in activity that creates legal risk for Pressmark, or fail to pay amounts owed. If we terminate for cause, no refund is provided. If we terminate without cause (for example, discontinuing the Service), we will provide reasonable notice and a pro-rated refund of any prepaid amounts.

Effect of Termination

Upon termination, your right to use the Service ends immediately. You should export any content you wish to keep before termination. After termination, your data is deleted according to the timeline in our Data Storage Policy.

13. Dispute Resolution

Mandatory Arbitration

Any dispute arising from or relating to these Terms or the Service shall be resolved through binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, and not through court litigation. This arbitration agreement is governed by the Federal Arbitration Act.

Class Action Waiver

You agree to resolve disputes with Pressmark on an individual basis only. You waive any right to participate in a class action, class arbitration, or representative action.

Small Claims Exception

Either party may bring qualifying claims in small claims court in the county where you reside, provided the claim falls within that court’s jurisdiction.

Opt-Out

You may opt out of this arbitration agreement by sending written notice to legal@getpressmark.com within 30 days of creating your account. If you opt out, disputes will be resolved in the state or federal courts located in Delaware.

Governing Law

These Terms are governed by the laws of the State of Delaware, without regard to conflict of law principles.

14. General Provisions

• Entire agreement. These Terms, together with our Privacy Policy, Data Storage Policy, Cookie Policy, and Sub-Processor List, constitute the entire agreement between you and Pressmark.
• Severability. If any provision is found unenforceable, the remaining provisions remain in effect.
• No waiver. Our failure to enforce a provision does not waive our right to enforce it later.
• Assignment. You may not assign these Terms without our consent. We may assign them in connection with a merger or acquisition.
• Force majeure. We are not liable for delays or failures caused by events beyond our reasonable control.
• Notices. We will send notices to the email address associated with your account. You may send notices to legal@getpressmark.com.
• Updates. We may update these Terms from time to time. Material changes will be communicated via email with at least 30 days’ notice. Continued use after the effective date of updated Terms constitutes acceptance.