Terms and Conditions

Marketing Shark · Last updated October 23, 2026

Please read these terms carefully before you buy or use Marketing Shark.

1. Agreeing to these terms

These Terms and Conditions ("Terms") are a legally binding agreement between you ("you", the "Subscriber") and Marketing Shark LLC ("we", "us", "our"). They cover the Marketing Shark app and website at marketingshark.app, the system you buy for the company whose products you sell, and everything that comes with it (together, the "Services").

By ticking "I agree to the terms and conditions" at checkout, or by using the Services, you agree to these Terms and to our Privacy Policy. If you do not agree, do not buy or use the Services.

2. What Marketing Shark is

Marketing Shark is a marketing system for independent sales reps and distributors. Depending on your plan, it gives you:

• ready-made funnels and pages (opt-in pages, quizzes, guides and similar) hosted by us on our web addresses, with your own link to share
• follow-up emails to your leads, already written, that send on their own, and on some plans the ability to rewrite them
• My Leads and Messages: your leads, what they opened, and the messages between you, in one place
• trackable links you send to one person at a time
• a daily to-do list, ready-to-post social content, social searches and conversations picked for you to join
• posts and scripts rewritten in your own voice by AI, from answers you give about yourself (on some plans)
• training, including ad training where your plan includes it
• optional extras you can add, described in section 8

Marketing Shark is a tool you use to market yourself. We are not your employer, your upline or the company whose products you sell. We are a separate business from that company, and it is not a party to these Terms.

Features change as we improve the Services. Some are marked Beta or Coming soon on our sales pages; those may change, be limited, or be withdrawn.

3. Who can use it

You must be at least 18 and able to enter a binding contract. By using the Services you confirm that you are.

4. Your account

You are responsible for keeping your sign-in details private and for everything done under your account. You agree to:

• give accurate and complete information when you sign up
• keep it up to date
• tell us straight away if you think someone else is using your account
• not share your sign-in with anyone else

If you join a team inside the app, your team leader sees the information described in our Privacy Policy. If you lead a team, you are responsible for how you use what you see about the reps on it.

5. You are responsible for how you use it

IMPORTANT: WE PROVIDE THE SERVICES AS A TOOL ONLY. WE ARE NOT RESPONSIBLE OR LIABLE FOR HOW YOU USE YOUR ACCOUNT, WHAT YOU SEND OR POST, WHAT CAMPAIGNS OR ADS YOU RUN, OR WHAT RESULTS YOU GET. YOU ALONE ARE RESPONSIBLE FOR MAKING SURE YOUR USE OF THE SERVICES FOLLOWS EVERY LAW AND REGULATION THAT APPLIES TO YOU, WHEREVER YOU AND YOUR LEADS ARE.

In particular, you are responsible for:

• everything you send, post or publish using the Services, including content we wrote for you (section 6)
• getting every consent and opt-in you need before you contact someone, and honouring every request to stop
• following the Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act, the GDPR, the CCPA and every other law that applies to you
• not infringing anyone else's rights
• any claim, damage or liability that comes from your use of the Services

Your company's rules. The company whose products you sell has its own policies for its reps, such as rules on product and health claims, income claims, approved materials, where ads may point and how you may advertise. Following those rules is your job. Our funnels, posts, emails, scripts and ads are written to be suitable, but we do not promise that every piece meets your company's current policies, and your company's rules come first. If a piece does not fit them, do not use it, and tell us so we can fix it.

We do not guarantee compliance. We do not guarantee that the Services, or anything we provide through them, comply with the laws or regulations of any government, whether federal, state or local, in any country, or with the rules or policies of any company you are with. Staying compliant in what you say in your posts, messages, emails, ads and pages is your responsibility alone.

6. Content written for you, including by AI

Much of what the Services give you (posts, captions, emails, texts, scripts, page words and ad copy) is written by us, and some of it is written or rewritten by artificial intelligence, for example when you tap Personalize. You are responsible for reading anything before you post or send it, and for what you choose to publish. AI can be wrong. Do not post or send anything that is untrue about you, your results or your products, or that your company does not allow.

7. No guarantee of income or results

We do not promise that you will earn any money, get any number of leads, make any sales or recruit anyone. Any examples, numbers, results, testimonials or ad results shown on our sales pages, in videos or in training are examples, not promises, and are not typical. Your results depend on you, your company, your products, your market and many things outside our control.

8. Plans, payment and extras

8.1 Your plan. The price, what is included, and when you are charged are shown on the order form when you buy. Any setup fee, free days or yearly option shown on the order form applies to that order.

8.2 Automatic renewal. Your plan, and any monthly add-on or monthly lead package, renews automatically and is charged to your card on file until you cancel (section 9). You authorise us and our payment provider to make these charges.

8.3 Add-ons. Some systems offer extras you can add at checkout or later, such as Done-For-You ads and ad training, Social Content, and Done For You. What each one includes is described where you add it, and each is a separate charge shown when you add it. If you add one where our team works in your account for you, you allow us to act in your account to provide it. Ad spend is never included: you pay your ad platform directly and you set the budget.

8.4 Lead packages. On some systems you can buy leads, once or every month. Leads are people who asked for a guide, sample or quiz result through our own campaigns, and they are delivered into your account over time. We do not promise that any lead will answer you, buy or join. A monthly package is charged to the same card each month until you cancel it.

8.5 Usage you pay as you go. Some features are paid for as you use them, not by your plan. Where one applies, its rates are shown in the app, and you authorise us to charge them to your card on file as they are incurred. It is your job to keep an eye on your usage.

• Texting your leads (coming soon on most accounts). When it is turned on for you, texts are paid from a prepaid balance in your account, topped up automatically from your card on file when it runs low, at the rates and top-up amounts shown in the app. If the balance cannot be topped up, texts stop sending.
• A domain bought through us. You pay the price shown when you buy it, which includes a service fee, and it renews each year at the price shown then. It is registered through our own registrar account.
• Email. Follow-up emails send from our sending domains, or from a sending address we set up for you. Email sends may carry a usage fee where the app or your order form shows one.

8.6 Refunds. All fees are non-refundable unless we agree otherwise in writing.

8.7 Price changes. We may change our prices with reasonable notice. If you keep using the Services after a new price takes effect, you accept it.

8.8 Promo codes. A promo code applies only as shown on the order form, cannot be exchanged for cash, and may end at any time.

8.9 Failed payments. If a payment fails, we email you at your account address and ask you to update your card, and our payment provider tries the card again automatically. If the payment still fails, your account may be paused and then closed: your pages stop working and your follow-ups stop sending. We are not liable for any lost business, data or opportunity because your account was paused or closed for non-payment. To restore it, update your card and pay what is owed.

9. Cancelling

You can cancel at any time in the app (Account, then Cancel), or by emailing us. When you cancel:

• nothing stops that day. Everything keeps working until the end of the period you have already paid for
• after that, your pages stop working, your follow-ups stop sending and you lose access to your account
• we do not refund the rest of a period you have paid for (section 8.6)

Instead of cancelling, you may be offered a break (your account rests and you are not charged, then it switches back on by itself) or a move to a smaller plan from your next bill.

Monthly add-ons and monthly lead packages are cancelled the same way and end at the end of their paid period.

Your leads. If you want a copy of your leads, ask us before your paid period ends. To delete your account and everything in it, use Account, then Delete my account, or email us, and we delete it as our Privacy Policy describes.

10. Your pages, your web address and your email

Your pages are hosted by us on our web addresses (a name we give you on a system's domain), or on your own domain if you connect one. Emails to your leads send from our sending domains or a sending address we set up for you, not from your personal email account. We may change the addresses and sending setup we use, and we will keep your shared links working where we reasonably can.

Each of your sites carries its own Terms of Use and Privacy Policy for your leads, written for you as the rep. Do not remove them, and keep your details in the app (name, email, phone) correct, because those pages show them.

11. Texts we send to you

11.1 Who they are from. Marketing Shark, run by Marketing Shark LLC. If you tick the box at checkout, or turn on text alerts in the app, we may text you about your account, your new leads and replies, billing, support and our offers.

11.2 Stopping them. Reply STOP to any text to stop them. Reply HELP for help. To start again, turn text alerts back on or sign up again as you did the first time.

11.3 Carriers. Carriers are not liable for delayed or undelivered messages.

11.4 Rates. Message and data rates may apply to texts we send you and texts you send us. How often we text varies. For questions about your text or data plan, contact your mobile provider.

11.5 Privacy. How we handle your information: marketingshark.app/privacy

12. What you may not do

You agree not to use the Services to:

• send spam, or any unsolicited or harassing messages
• send or publish anything illegal, defamatory, obscene, misleading or fraudulent, including false health, product or income claims
• break any law or regulation, including the TCPA, CAN-SPAM, the GDPR and your company's rules where they apply to you
• message anyone who has not opted in, or who has asked you to stop
• infringe anyone's intellectual property or other rights
• introduce malware, viruses or other harmful code
• try to get into any system, account or information you are not meant to reach, or to copy, scrape or resell the Services
• do anything that could damage the reputation of the Services, of us, or of the sending domains and phone numbers other reps share with you

We may stop a message, take a page offline, or pause sending on your account if we see bounces, complaints or content that puts the Services or other reps at risk.

13. Who owns what

Ours. The Services, including the software, the app, the funnels, pages, templates, emails, posts, scripts, training, ad creative, designs and trademarks, belong to us or our licensors. While your plan is active we give you a limited, non-exclusive, non-transferable licence to use them for your own lawful business, as these Terms allow. You may not copy, change, distribute, sell or lease any part of the Services, or use our materials outside them, without our written permission.

Yours. Your leads, the messages between you and your leads, the answers you give in About you, and anything you write yourself stay yours. You give us permission to host, store, copy and process them only to provide the Services to you, as our Privacy Policy describes. For your leads, we handle their information on your behalf and on your instructions.

Product and company names. The names, logos and materials of the company whose products you sell belong to that company. We use them only to describe the system built for its reps.

14. Other services we rely on

The Services depend on providers for hosting, email delivery, texting, payments, domains and AI writing. We are not responsible for their outages or changes, though we will work to keep the Services running. Ads you run on Facebook, Instagram or any other platform are governed by that platform's own terms. If you use our iPhone app, Apple's standard terms for apps also apply.

15. Pausing or closing your account

We may pause or close your account, or stop providing any part of the Services, at any time, with or without notice, for any reason, including:

• breaking these Terms
• not paying what you owe
• using the Services in a way that creates legal or reputational risk for us or for other reps
• any illegal or abusive conduct

When your account is closed, your right to use the Services ends. We are not liable to you or anyone else for pausing or closing your account.

16. No warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WE DO NOT PROMISE THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, THAT EVERY EMAIL OR TEXT WILL BE DELIVERED, OR THAT ANY CONTENT WE PROVIDE COMPLIES WITH THE LAWS OR REGULATIONS OF ANY GOVERNMENT IN ANY COUNTRY OR WITH THE RULES OF ANY COMPANY YOU ARE WITH (SECTION 5).

17. Limit of our liability

TO THE FULLEST EXTENT THE LAW ALLOWS, MARKETING SHARK LLC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND LICENSORS ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA OR BUSINESS OPPORTUNITIES, ARISING FROM OR RELATED TO YOUR USE OF, OR INABILITY TO USE, THE SERVICES, EVEN IF WE WERE TOLD SUCH DAMAGES WERE POSSIBLE.

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS WILL NEVER BE MORE THAN THE GREATER OF (A) WHAT YOU PAID US IN THE THREE (3) MONTHS BEFORE THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00).

18. You cover us

You agree to indemnify, defend and hold harmless Marketing Shark LLC and its officers, directors, employees, agents, licensors and service providers from every claim, liability, damage, judgment, award, loss, cost, expense or fee (including reasonable attorneys' fees) arising from or related to: (a) your use of the Services; (b) your breach of these Terms; (c) your breach of any law or regulation, or of your company's rules; or (d) anything you send, post or publish through the Services.

19. Governing law and disputes

These Terms are governed by the laws of the State of New Jersey, without regard to its conflict of law rules. Any dispute arising from or related to these Terms or the Services is subject to the exclusive jurisdiction of the state and federal courts located in New Jersey. We do business online internationally; nothing here limits our right to seek equitable or injunctive relief in any jurisdiction.

20. Changes to these Terms

We may change these Terms at any time. We will tell you about important changes by updating the date at the top of this page and, where appropriate, by email or in the app. If you keep using the Services after the new date, you accept the changes.

21. The whole agreement

These Terms, our Privacy Policy and your order form are the whole agreement between you and us about the Services. If any part of these Terms is found invalid or unenforceable, it will be changed only as much as needed to make it enforceable, and the rest stays in full force.

22. Contact us

© 2026 Marketing Shark LLC. All rights reserved.