Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") govern your use of the ContentMK website (contentmk.com) and the ContentMK desktop application, both operated by Frog Stone Media ("we", "us", "our").

For the ContentMK application: By purchasing a subscription, downloading, installing, or using the ContentMK desktop application, you expressly agree to be bound by these Terms in their entirety. You will be asked to affirmatively accept these Terms during the purchase process.

For the ContentMK website: By accessing and using this website, you acknowledge that you have read, understood, and agree to be bound by these Terms. A link to these Terms is provided in the footer of every page on this website. If you do not agree to these Terms, you must discontinue use of the website immediately.

Your continued use of the website or application following any changes to these Terms constitutes your acceptance of those changes, as described in Section 2 below.

2. Changes to These Terms

We reserve the right to modify these Terms at any time at our sole discretion. When we make changes, we will update the "Last updated" date at the top of this page. For material changes that significantly affect your rights or obligations, we will make reasonable efforts to provide notice — such as a prominent posting on the website or a notification within the application — but we cannot guarantee that you will receive individual notice of every change.

It is your responsibility to review these Terms periodically. Your continued use of the website or application after changes are posted constitutes your acceptance of the revised Terms. If you do not agree to any changes, you must stop using the website and application.

3. License and Subscription

When you purchase a ContentMK subscription, you receive a personal, non-transferable license to install and use the ContentMK desktop application on your devices. The license is valid for the duration of your active subscription.

You may install ContentMK on multiple personal devices, but only one instance may be active at a time per license (unless you have additional team seats).

4. Subscription Tiers and Pricing

ContentMK is available in three subscription tiers:

• Starter: $29/month — Core content management features
• Professional: $89/month — Advanced analytics, WordPress multi-site, and priority support
• Premium: $299/month — Everything in Professional, plus Cloud Sync, API access, and dedicated support

Team seats are available as an add-on at $49 per seat per month. Annual billing is available at a discount.

Prices may change. We will give you at least 30 days notice before any price increase takes effect on your account.

5. Payment and Billing

Subscriptions are billed in advance on a monthly or annual basis. You authorize us to charge your payment method for all fees associated with your subscription. If a payment fails, we will notify you and attempt to charge again before taking further action.

6. No Refund Policy

All subscription payments are non-refundable. You can cancel your subscription at any time, and you will continue to have full access until the end of your current billing period. We do not offer partial refunds for unused time.

If you are in the European Union, you acknowledge that by downloading and using the software immediately upon purchase, you waive your right of withdrawal under Article 16(m) of the Consumer Rights Directive. You will be required to provide explicit, affirmative consent to this waiver via a separate checkbox during the checkout process before your purchase is completed.

7. What Happens When Your Subscription Lapses

If your subscription expires or you cancel, here is what happens:

• 7-day grace period: For the first 7 days after your subscription lapses, ContentMK continues to work normally. This gives you time to renew or make arrangements.
• Read-only mode: After the grace period, ContentMK enters read-only mode. You can view all your content and export your data, but you cannot create or edit content.
• Data export always works: Regardless of your subscription status, you can always export your data. We will never lock you out of your own content.

8. Your Content and Data

You own your content. ContentMK is a tool — we do not claim any rights to the articles, keyword data, editorial plans, or any other content you create or manage using the application. You retain all intellectual property rights in your content.

Your content is stored locally on your computer by default. If you use the Cloud Sync module, a copy of your data is stored on our servers. You can delete your cloud data at any time.

You represent and warrant that you have all necessary rights, licenses, and permissions to upload, store, and transmit your content through ContentMK and its integrations, including the right to sync content to and from WordPress and other connected services. You are solely responsible for the accuracy, quality, legality, and appropriateness of your content.

9. Third-Party Services and Data

ContentMK integrates with third-party services including, but not limited to, WordPress, Google Search Console, SEMrush, Ahrefs, and Canva. When you connect these services:

• Your data may be transmitted to and from third-party servers as part of normal integration functionality (e.g., syncing articles to WordPress, importing keyword data from SEMrush).
• Third-party services may modify, process, or store your data according to their own terms and policies.
• We are not responsible for the availability, accuracy, reliability, or behavior of any third-party service.
• Changes made by third-party services to their APIs, data formats, or terms of service may affect ContentMK functionality without prior notice.
• Your use of third-party integrations is governed by the respective terms of service and privacy policies of those services, which you are responsible for reviewing.

We make no warranties regarding the continued availability or compatibility of any third-party integration. Third-party integrations may be modified, suspended, or discontinued at any time.

10. AI and Data Processing

ContentMK includes features that interact with artificial intelligence services, including the Claude Code MCP integration and other AI-powered modules. By using these features, you acknowledge and agree that:

• Your content data — including article text, titles, URLs, metadata, keyword data, health scores, and other information stored in ContentMK — may be transmitted to third-party AI service providers for processing.
• AI-generated outputs (including content suggestions, analysis, and recommendations) are provided for informational purposes only and may contain errors, inaccuracies, or biases.
• You are solely responsible for reviewing, verifying, and approving any AI-generated content before publishing or acting upon it.
• We are not responsible for any consequences arising from reliance on AI-generated outputs, including but not limited to SEO ranking changes, content inaccuracies, or reputational harm.
• Third-party AI providers may retain, process, or use transmitted data in accordance with their own terms and policies, which are outside our control.

You should not transmit sensitive, confidential, or personally identifiable information through AI features unless you understand and accept the risks involved.

11. Data Loss and No Guarantee of Data Integrity

While we design ContentMK to protect your data through local storage, automatic backups, and sync safeguards, we cannot and do not guarantee that data loss will never occur. You acknowledge and agree that:

• Software bugs, hardware failures, operating system issues, power interruptions, corrupted databases, failed sync operations, or other unforeseen events may result in partial or complete data loss.
• Third-party integrations (WordPress sync, SEO tool imports, AI processing) may introduce data corruption, overwrite existing content, or cause unintended modifications to your data.
• Except in cases of our gross negligence or willful misconduct, we are not responsible for any data loss, corruption, or unintended modification of your content.
• You are solely responsible for maintaining independent backups of your content outside of ContentMK.
• The automatic backup features in ContentMK are provided as a convenience and do not constitute a guarantee of data recovery.

We strongly recommend that you maintain regular, independent backups of all important content and data outside of ContentMK.

12. Intellectual Property

Frog Stone Media retains all right, title, and interest in and to the ContentMK application, website, documentation, and all related intellectual property, including patents, copyrights, trademarks, trade secrets, and other proprietary rights. These Terms grant you a limited license to use the application — they do not transfer any ownership of intellectual property to you.

You may not copy, modify, distribute, sell, or lease any part of the ContentMK application or its documentation, nor may you reverse-engineer or attempt to extract the source code, except where such restrictions are prohibited by applicable law.

13. Feedback and Suggestions

If you provide us with any suggestions, feature requests, enhancement ideas, recommendations, or other feedback regarding ContentMK ("Feedback"), you grant Frog Stone Media a non-exclusive, worldwide, royalty-free, irrevocable, perpetual license to use, incorporate, modify, and distribute that Feedback in any manner without obligation or compensation to you. Feedback does not include your content data.

14. Acceptable Use

You agree not to:

• Reverse-engineer, decompile, or disassemble the ContentMK application, except where expressly permitted by applicable law
• Share, resell, sublicense, or redistribute your license to others
• Use ContentMK to violate any applicable local, state, national, or international law or regulation
• Attempt to bypass license validation, subscription checks, or usage limits
• Use automated tools to abuse our APIs or services
• Use ContentMK to develop a competing product or service, or to perform competitive analysis
• Remove, alter, or obscure any proprietary notices, labels, or branding in the application
• Use ContentMK as a service bureau or make its functionality available to third parties

15. Suspension of Service

We reserve the right to suspend or restrict your access to ContentMK, including Cloud Sync and other server-dependent features, under the following circumstances:

• Payment failure: If your payment method fails and is not resolved within ten (10) business days of our notification, we may suspend access to paid features until payment is received. Suspension does not relieve your obligation to pay outstanding fees.
• Terms violation: If we reasonably believe you are violating these Terms, including the Acceptable Use provisions, we may immediately suspend your access pending investigation.
• Security concerns: If we detect activity that may compromise the security of our services or other users, we may suspend access to protect the integrity of our systems.

Where practical, we will provide notice before suspending your account. During suspension, your local data and export functionality remain unaffected — we do not remotely modify or delete content stored on your machine.

16. Account Registration

Some features require an account. You agree to provide accurate information and keep your account credentials secure. You are responsible for all activity that occurs under your account, including activity by anyone you authorize to use your account. Notify us immediately at [email protected] if you suspect unauthorized access to your account.

17. Privacy

Your use of ContentMK is also governed by our Privacy Policy, which explains how we handle your data. The short version: your content stays on your machine unless you choose otherwise. The Privacy Policy is incorporated into these Terms by reference.

18. Open-Source Dependencies

ContentMK incorporates third-party open-source software components. All third-party dependencies included in the ContentMK application are licensed under permissive open-source licenses, including the MIT License, Apache License 2.0, ISC License, and BSD 3-Clause License. No copyleft-licensed dependencies are included.

Key runtime dependencies include:

• Database: @photostructure/sqlite (MIT)
• Server: Express, CORS (MIT)
• UI Framework: React, React DOM, React Router (MIT)
• Styling: Tailwind CSS, tailwind-merge, tailwindcss-animate (MIT)
• Components: Radix UI primitives, class-variance-authority (MIT, Apache-2.0)
• Icons: Lucide React (ISC)
• Charts & Tables: Recharts, @tanstack/react-table (MIT)
• Data Processing: date-fns, PapaParse, fast-xml-parser, diff (MIT, BSD-3-Clause)
• Content: react-markdown, remark-gfm, Turndown (MIT)
• Desktop: Electron, Electron Forge (MIT)
• Build: Vite, TypeScript, Vitest (MIT, Apache-2.0)

These dependencies are provided by their respective authors "as is," without warranty of any kind. The inclusion of open-source software does not imply endorsement by the authors of those projects. Full license texts and attribution information are available within the application.

19. Disclaimer of Warranties

ContentMK and the ContentMK website are provided "as is" and "as available," without warranty of any kind, whether express, implied, or statutory. We specifically disclaim all warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, reliability, and uninterrupted availability.

We do not warrant that the application or website will meet your requirements, operate without interruption, be error-free, or that defects will be corrected. No advice or information, whether oral or written, obtained from us or through the application or website creates any warranty not expressly stated herein.

20. Limitation of Liability

To the maximum extent permitted by applicable law, Frog Stone Media, its officers, directors, employees, agents, and affiliates shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to damages for loss of data, loss of profits, loss of revenue, loss of business opportunities, loss of goodwill, or any other intangible losses, arising out of or related to:

• Your use of or inability to use ContentMK or the website
• Any data loss, corruption, or unauthorized access to your data
• Any third-party integration behavior, including data modification or loss
• AI-generated content or recommendations
• Any changes to, suspension of, or discontinuation of any feature or service
• Any bugs, viruses, or other harmful components transmitted through the application

Nothing in these Terms excludes or limits our liability for gross negligence, willful misconduct, fraud, or any other liability that cannot be excluded or limited under applicable law, including California Civil Code Section 1668.

Subject to the foregoing, our total aggregate liability for any and all claims related to these Terms or your use of ContentMK shall not exceed the total amount you paid to Frog Stone Media in the twelve (12) months immediately preceding the event giving rise to the claim.

21. Indemnification

You agree to indemnify, defend, and hold harmless Frog Stone Media, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your violation of these Terms; (b) your violation of any applicable law or regulation; (c) your infringement of any third-party intellectual property or other rights; or (d) any content you publish or transmit through ContentMK integrations (including to WordPress or other connected services).

22. Termination

You may cancel your subscription at any time through your account settings or by contacting us. We may terminate or suspend your account if you materially breach these Terms, subject to the notice and cure provisions below.

For curable breaches, we will provide written notice specifying the breach and allow thirty (30) days to cure. If the breach is not cured within that period, we may terminate your account. For breaches of Sections 12 (Intellectual Property), 14 (Acceptable Use), or conduct that threatens the security of our services or other users, we may terminate or suspend your account immediately.

23. Post-Termination Data Access

Upon termination or expiration of your subscription:

• Your local data remains on your machine and is unaffected. We do not remotely delete content.
• Data export functionality continues to work in read-only mode, as described in Section 7.
• If you use Cloud Sync, you may request retrieval of your cloud-stored data within thirty (30) days of termination by contacting us at [email protected].
• After the 30-day retrieval period, we reserve the right to permanently delete your cloud-stored data. We have no obligation to retain Cloud Sync data beyond this period.

24. Compliance with Laws

You are responsible for ensuring that your use of ContentMK complies with all applicable local, state, national, and international laws and regulations, including but not limited to data protection laws, intellectual property laws, and export control regulations. You will not use ContentMK to store, transmit, or publish content that violates any applicable law or third-party right.

25. Unsolicited Information

Any ideas, suggestions, proposals, or materials you submit to us outside of a formal support request or feedback channel — including through email, social media, forums, or other public channels — shall be deemed non-confidential and non-proprietary. We are under no obligation to review, acknowledge, or respond to unsolicited submissions, and we may use such information for any purpose without obligation or compensation to you.

26. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of California, United States, without regard to its conflict of laws provisions. Any disputes arising under or in connection with these Terms shall be resolved exclusively in the state or federal courts located in Sacramento County, California. You consent to the personal jurisdiction of such courts.

27. General Provisions

• Entire Agreement: These Terms, together with the Privacy Policy, constitute the complete and exclusive agreement between you and Frog Stone Media regarding ContentMK and the ContentMK website, superseding all prior agreements, communications, and understandings.
• Severability: If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
• No Waiver: Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or our right to enforce it at a later time.
• Assignment: You may not assign or transfer these Terms or your license without our prior written consent. We may assign these Terms without restriction.
• Force Majeure: We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to natural disasters, acts of government, internet outages, or third-party service failures.

Contact Us

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

• Email: [email protected]
• Location: Sacramento, CA, United States