Terms of Service

These Terms of Service (“Terms”) govern your access to and use of the Tommy & Spartan platform (“Service”), operated by TMK Marketing Intelligence Ltd (“TMK”, “we”, “us”). By creating an account or using the Service, you agree to be bound by these Terms.

1. Service Description

Tommy & Spartan is an AI-powered marketing platform that provides access to a team of specialist marketing agents. The Service includes marketing diagnostics, strategy generation, content creation, campaign management, competitive intelligence, analytics, and related tools. All outputs are generated using artificial intelligence and should be reviewed by the user before publication or distribution.

2. Account Registration

To use the Service, you must create an account with a valid email address and password. You must provide accurate and complete information and keep your credentials secure. One account per individual. You are responsible for all activity under your account. You must be at least 18 years of age to create an account.

3. Subscription Plans and Pricing

The Service is offered under the following plans:

• Launchpad — $299/month. 4 agents, 1,000 actions/month.
• Strategy Sprint — $2,500 one-off or $990/month for 3 months. 8 strategy agents, unlimited actions within project scope.
• Growth Engine — $990/month (annual: $790/month). 11 execution agents, 5,000 actions/month.
• Full CMO Suite — $1,990/month (annual: $1,590/month). All 24 agents, 15,000 actions/month, multi-project support.

Prices are in US dollars. Plans auto-renew at the end of each billing period unless cancelled. We may adjust pricing with at least 30 days’ written notice via email. Existing subscribers will be grandfathered at their current rate for a minimum of 90 days following any price increase.

4. Free Diagnostic

The marketing diagnostic is available without payment or credit card. Upon completion, you will receive your full Brand DNA document at no charge. Access to the Campaign Mandate and subsequent strategic deliverables requires an active subscription or Strategy Sprint purchase.

5. Agent Actions and Usage

Each plan includes a monthly allocation of “agent actions” — discrete units of work performed by the AI agents (e.g., drafting a blog post, generating a social media post, producing an analytics report). Actions do not roll over between billing periods. If you exceed your included actions, additional actions are billed at the overage rate specified in your plan. You will receive notifications at 80% and 100% of your action limit.

6. Content Ownership and Intellectual Property

You own all content generated by the Service on your behalf. TMK retains no rights to your generated outputs, Brand DNA documents, Campaign Mandates, or any other deliverables produced through your use of the platform. You grant TMK a limited licence to process your input data solely for the purpose of providing the Service.

The Tommy & Spartan brand, agent names, platform design, and underlying technology remain the intellectual property of TMK Marketing Intelligence Ltd.

7. AI-Generated Content Disclaimer

All outputs produced by the Service are generated using artificial intelligence. While we strive for accuracy and quality, AI-generated content may contain errors, omissions, or inaccuracies. You are responsible for reviewing, editing, and approving all content before publication or distribution. TMK does not guarantee that AI-generated outputs will be free from factual errors, comply with specific regulatory requirements, or achieve particular marketing outcomes.

8. Data Handling

Your data is processed by third-party large language model providers, including Anthropic (Claude API), to deliver the Service. Please refer to our Privacy Policy for full details on data collection, processing, and retention.

9. Cancellation and Refunds

You may cancel your subscription at any time. Cancellation takes effect at the end of your current billing period. Your workspace will be archived and retained for 90 days following cancellation, after which data will be permanently deleted.

Strategy Sprint refund policy: If the strategic deliverables do not meet your expectations after two revision rounds, you are entitled to a full refund. Refund requests must be submitted within 14 days of final deliverable receipt.

Subscription refunds: We do not issue refunds for partial billing periods. If you cancel mid-month, you retain access until the end of the paid period.

10. Acceptable Use

Your use of the Service is subject to our Acceptable Use Policy. Violation may result in suspension or termination of your account.

11. Service Availability

We aim to maintain 99.9% uptime but do not guarantee uninterrupted availability. Scheduled maintenance windows will be communicated in advance. We are not liable for service disruptions caused by third-party providers, force majeure events, or circumstances beyond our reasonable control.

12. Limitation of Liability

To the maximum extent permitted by law, TMK’s total liability for any claims arising from your use of the Service shall not exceed the amount you paid to TMK in the 12 months preceding the claim. TMK shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business opportunities.

13. Indemnification

You agree to indemnify and hold TMK harmless from any claims, damages, or expenses arising from your use of the Service, your violation of these Terms, or your infringement of any third-party rights through content you publish using Service outputs.

14. Governing Law

These Terms are governed by the laws of England and Wales. Any disputes shall be subject to the exclusive jurisdiction of the courts of England and Wales.

15. Changes to These Terms

We may update these Terms from time to time. We will provide at least 30 days’ notice of material changes via email. Continued use of the Service after changes take effect constitutes acceptance of the updated Terms.

16. Contact

For questions about these Terms, contact us at legal@tommycmo.com.