Terms of Service

1. Who we are and what these terms cover

These terms are a contract between you and Mark Studios, LLC, a Florida limited liability company (“Mark Studios”, “we”, “us”). Mailing address: 7901 4th St N, Ste 300, St. Petersburg, FL 33702, USA. Email: contact@markstudios.com.

They apply to our websites (markstudios.com, start.markstudios.com, strategy.markstudios.com and the client portal) and to every quote, order and plan you buy from us directly, through our quoter, a payment link or an invoice. Some products have extra terms that add to these: the Strategy Generator’s terms at strategy.markstudios.com and the affiliate program terms. If they conflict, the product’s own terms win for that product. A signed proposal or written agreement with you wins over these terms where it says something different.

Orders placed through Fiverr, Upwork or another marketplace are governed by that marketplace’s terms. These terms apply to them only where the marketplace allows.

To order, you must be at least 18 and able to enter a contract. If you order for a company, you confirm you can bind it, and “you” means that company too.

2. Quotes and prices

• The quoter prices your order from your answers. A quoted price holds for 14 days from when it is first shown: book in that window and we honor it, even if our rates change.
• Some items are priced personally by Mark and quoted by email. Nothing is charged for them until you accept and pay that quote.
• Footage-based prices assume the amount of footage you told us. We check your real files before work starts and confirm any difference with you first. We never re-charge you without your OK.
• Prices are in US dollars. They don’t include taxes unless the checkout shows them; where tax applies, it is added at checkout or on the invoice.

3. Orders and payment

An order is formed when you pay (or accept a proposal and pay). Payments are processed by Stripe; we never see your full card number. Your delivery clock starts when your files and brief reach us, not at payment. Please answer our questions and review drafts promptly: delays on your side move the delivery date.

On quoter orders of $1,500 or more (after discounts), you can choose to pay 50% at checkout and 50% when your first draft is ready. The second half is due when we deliver your first draft, and we send you the invoice for it then.

If something about a charge looks wrong, email us first and we’ll fix it quickly. If a payment for work we have delivered is disputed or reversed, we may pause work and give the payment processor the order records.

4. Delivery and revisions

• Standard delivery is up to 7 business days per item once your files land, with paid rush options at checkout. Very long productions (a 30–60 minute finished video, multi-camera footage or heavy motion graphics) can take up to 10 business days; Mark confirms the date before work starts. Large orders ship in waves on a schedule we agree with you.
• Every order includes 3 revision rounds per deliverable, within the agreed scope. New scope (extra minutes, extra deliverables, different source footage) is quoted to you first and never charged silently.
• Download links stay active for at least 30 days after delivery. Please save your copies: we are not a backup service (see the retention periods in our Privacy Policy). Source and project files are a separate item you can buy.

5. Monthly and repeating plans (automatic renewal)

Plans renew automatically. You are charged at the start of every billing period, at the price shown at checkout, until you cancel.

Which plans

• Monthly plans (start.markstudios.com/plans): Starter $750, Growth $2,000, Scale $2,700, Unlimited $3,500 per month. Billed monthly, you are charged on the day you subscribe and then on the same day each month, with no minimum term.
• The same plans on 3-month billing: you pay 3 months upfront for 5% off, so Starter $715 a month ($2,145 every 3 months), Growth $1,900 a month ($5,700 every 3 months), Scale $2,565 a month ($7,695 every 3 months), Unlimited $3,325 a month ($9,975 every 3 months). Each month includes the same work as on monthly billing. You are charged the full 3 months on the day you subscribe and then every 3 months on the same date, until you cancel. You can cancel any time; cancelling takes effect at the end of the 3 months you have already paid for, and there are no partial refunds for the rest of a 3-month period.
• Repeating plans from the quoter: the same batch of work repeats on the cadence you pick (every week, 2 weeks, month, 2 months or 3 months), at the price on your proposal. One-time setup items are charged once, with the first payment.

3- and 6-month terms

On a quoter plan you can choose a 3-month term (5% off) or a 6-month term (10% off). The discount applies from your first charge. You can still cancel at any time, including during the term: there is no early-cancellation fee, and we don’t take back the discount on charges already made. Cancelling simply stops future charges. After the term ends, the plan keeps renewing at the same discounted price until you cancel.

How to cancel

• Online, any time: use Cancel or manage plan in your client portal, or the same link in your plan confirmation email and receipts. It opens our secure billing portal (run by Stripe), where you can cancel in a few clicks. No call is needed.
• Or email contact@markstudios.com with “Cancel” from the address on the plan. We confirm within one business day.
• Cancellation takes effect at the end of the billing period you have already paid for. There are no further charges after that. Work for a period you have paid for still ships, and fees for a period that has already started are not refunded (except where the law requires it).

Pausing, unused work and fair use

• On a monthly plan, tell us before your next charge if you won’t record that month and we’ll pause it, with no charge. Unused work carries over one month.
• On 3-month billing the 3 months are paid upfront, so there is no charge to pause and a month you don’t record isn’t refunded. Its unused work carries over one month, as on monthly billing.
• Unlimited plan: as many edit requests as you like, one in progress at a time; each long-form request covers up to 15 minutes of footage; each gets a first draft within 3 business days. The next request starts when the current one is delivered.

Price changes and failed payments

• We’ll email you at least 7 days (and no more than 30 days) before any price change takes effect, with a link to cancel. If you don’t want the new price, cancel before the change date.
• If a payment fails, Stripe retries it over a few days and we email you a link to fix it. We may pause work until the payment goes through, and the plan ends if it can’t be collected.

After you subscribe, we email you a confirmation with your plan, price, billing date, these renewal terms and your cancel link. Please keep it.

6. Refunds

If production hasn’t started on your order, write to us and we’ll refund it in full. That includes a paid order still waiting on your footage or brief. Once production has started, orders are non-refundable; instead we make it right through your revision rounds until the delivery meets the agreed scope. If you paid a 50% deposit, the same rule applies to it: a full refund of the deposit if production hasn’t started. Refunds go back to the original payment method through Stripe, usually within 5–10 business days. Plan periods that have already started are not refunded. Nothing in this section limits rights the law gives you that can’t be waived, including the EU and UK rights in section 7.

7. Consumers in the EU, EEA, UK and Switzerland

Our services are made for businesses and creators. If you buy as a consumer (for purposes outside your trade or business) and live in the EU, EEA, UK or Switzerland, you have the right to withdraw from the contract within 14 days without giving a reason. The period ends 14 days after the day the contract is made.

• To withdraw, use the Withdraw from contract here form (linked in every page footer and in your client portal), or send us a clear statement by email to contact@markstudios.com or by post to Mark Studios, LLC, 7901 4th St N, Ste 300, St. Petersburg, FL 33702, USA. You can use the model form below, but you don’t have to. We confirm every withdrawal by email right away, and refund all payments within 14 days, to the same payment method.
• If you asked us to start work during the 14 days (you confirm this at checkout), you pay for the work done up to the moment you tell us you are withdrawing. Once the service has been fully performed and your finished files have been delivered with your agreement, the right to withdraw ends.

You also keep every protection that the mandatory consumer law of your country gives you, and you may bring a claim in the courts where you live.

8. Your materials

You keep all rights to the footage, photos, music, logos, scripts and other materials you send us. You confirm that you own them or have all the rights, licences and permissions needed for us to use them to make your order and as described in section 11. That includes the names, likenesses and voices of everyone who appears, and their consent to any work you ask for that recreates or alters a person’s voice or face. Unless we supply licensed music or stock as part of your order, you are responsible for licensing music and stock for the way you plan to publish. Music we pick for you is licensed for your use.

You agree to defend, indemnify and hold harmless Mark Studios, LLC and its members, employees and contractors against third-party claims, and the related losses, damages and costs (including reasonable attorneys’ fees), arising from: (a) materials you supply; (b) your instructions; (c) how you publish or use the deliverables, including any labels or disclaimers the law or a platform requires; or (d) your breach of these terms. We’ll tell you promptly about any claim and cooperate, at your expense. For consumers in the EU, EEA or UK, this paragraph applies only as far as local consumer law allows.

9. Content we won’t work on

We may refuse an order, or stop work on it, if it involves:

• anything illegal, or material that promotes violence or harassment;
• sexual content involving minors (we report it to the National Center for Missing & Exploited Children and law enforcement);
• intimate images of anyone shared without their consent;
• material that infringes someone else’s copyright, trademark, privacy or publicity rights, or that you don’t have the rights to use;
• content meant to deceive people about who is speaking or what happened, including impersonating a real person.

If we stop work for one of these reasons, we refund any part of the order we haven’t started. Political ads are your responsibility: you must add any disclaimers the law requires, including the one Florida requires on certain political advertisements (Fla. Stat. 106.145).

10. How we produce your work

We use professional editing software, automated tools and trusted third-party cloud services to provide the services. Mark Studios scopes every order and reviews the work before it is delivered. If you want limits on how your project is made (for example, no synthetic voices or stock footage), tell us before we start and we’ll follow them. When you publish the deliverables, you are responsible for any labels a platform or the law requires for edited or synthetic content.

11. Who owns the work, and our portfolio

Ownership

• Once you have paid for an order in full, you own the final deliverables we made for you.
• Two things are not transferred: (a) third-party elements we license for your project, such as stock footage, music, fonts and templates, which you may use under their own licence terms; and (b) our pre-existing tools, templates, presets, methods and know-how. Where any of these are built into your deliverables, you get a permanent, non-exclusive licence to use them as part of those deliverables.
• Watermarked previews and drafts are for viewing and approval only until you have paid.

Portfolio and promotion

For orders you buy from us directly, you allow us to show the finished work, with your name or brand and the likeness of people appearing in it, in our portfolio, websites, showreels, proposals and social media. You expressly consent, for yourself, to this use of your name, photograph and likeness, including under Florida Statutes section 540.08. You confirm that the people who appear in your footage have agreed to this too (a parent or guardian for anyone under 18), or you’ll tell us which projects or people we must not show.

• Opt out any time by emailing contact@markstudios.com. We’ll remove your work from our own channels within 14 days and won’t use it going forward. We can’t recall copies other people have already shared.
• Paid advertising needs a separate yes. We won’t use your work, or any person’s face or voice from it, in paid ads unless you (and, where needed, the person shown) give us separate express written consent. An email is enough.
• If your project is under an NDA, embargoed or unreleased, tell us and we’ll wait until it’s public, or not show it at all.
• Marketplace orders: for work bought on Fiverr or Upwork, that marketplace’s rules apply, and we show it outside the marketplace only with your permission.

12. Confidentiality

We keep your unreleased footage, briefs and business information confidential. We use them only to do your order, and share them only with the service providers we need to deliver it (listed in our Privacy Policy), who are bound to protect them. This doesn’t cover information that is already public, or that the law requires us to disclose.

13. Using our sites and the client portal

You sign in to the client portal with a link we email you. Keep your inbox secure: anyone with access to it can sign in as you. Don’t misuse our sites: no attacks, scraping at scale, automated sign-ups, uploads of malware, or attempts to get around our limits or other customers’ data. Our quoter may suggest answers from a description you type; you check every answer before you order, and the price is always set by our pricing rules.

14. Warranties and limits on our liability

We provide the services with reasonable care and to the scope we agreed with you. Apart from what these terms or your order expressly promise, the services and sites are provided “as is”. Results such as views, subscribers, sales or rankings depend on things outside our control, so we don’t guarantee them.

TO THE FULLEST EXTENT THE LAW ALLOWS: (A) WE ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, VIEWS, DATA OR GOODWILL; AND (B) OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES OR THESE TERMS IS LIMITED TO THE AMOUNT YOU PAID US FOR THE SPECIFIC ORDER OR PLAN GIVING RISE TO THE CLAIM IN THE 12 MONTHS BEFORE THE CLAIM.

Nothing in these terms limits liability for fraud, gross negligence, wilful misconduct, death or personal injury caused by negligence, or anything else that can’t be limited by law. Consumers in the EU, EEA, UK and Switzerland keep their statutory rights, and this section doesn’t limit them.

15. Ending an order

We may decline an order, or stop work on one, if you break these terms, don’t pay, or are abusive to us. We refund any paid part of the order we haven’t started. Sections that by their nature should last (ownership, your materials, confidentiality, liability and disputes) continue after an order or plan ends. Neither of us is responsible for delays caused by events outside our reasonable control, such as outages, natural disasters or illness; we’ll tell you and agree a new date.

16. Disputes, governing law and venue

• Talk to us first. Before filing any claim, send a written description of the problem and what you want to contact@markstudios.com (we’ll write to the email on your order). We both agree to try in good faith to resolve it for 30 days before either of us goes to court.
• Florida law. These terms are governed by the laws of the State of Florida and applicable US federal law, without regard to conflict-of-law rules.
• Courts. Any lawsuit must be brought only in the state courts located in Palm Beach County, Florida, or the US District Court for the Southern District of Florida, and you and we consent to their jurisdiction. This includes small-claims cases. We don’t use arbitration.
• Time limit. Where the law allows, a claim must be brought within one year after it arises.

JURY TRIAL WAIVER: TO THE EXTENT THE LAW ALLOWS, YOU AND WE EACH WAIVE THE RIGHT TO A TRIAL BY JURY IN ANY LAWSUIT RELATING TO THE SERVICES OR THESE TERMS.

CLASS ACTION WAIVER: TO THE EXTENT THE LAW ALLOWS, CLAIMS MAY BE BROUGHT ONLY INDIVIDUALLY, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE OR REPRESENTATIVE ACTION.

Consumers living in the EU, EEA, UK or Switzerland keep the mandatory protections of their country’s law and may bring proceedings in their local courts.

17. Notice for California residents

The provider of these services is Mark Studios, LLC, 7901 4th St N, Ste 300, St. Petersburg, FL 33702, USA. Charges are as shown at checkout and on your receipt. To resolve a complaint, contact us at contact@markstudios.com. You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

18. Changes to these terms

We may update these terms. We’ll post the new version here with a new effective date and a note of what changed. The version in force when you place an order applies to that order. For an active plan, we’ll email you at least 14 days before a material change applies to it, and you can cancel before then.

19. The rest

These terms, your order and any proposal you accepted are the whole agreement between us about the order. If any part is unenforceable, the rest still applies. If we don’t enforce a right straight away, we haven’t given it up. You may not transfer these terms without our consent; we may transfer them to a successor of our business. We are an independent contractor, not your employee or agent. We send notices to the email on your order; you send them to contact@markstudios.com.

See also our Privacy Policy, Copyright (DMCA) Policy and FAQ.