Terms of Service

Last updated: January 2025

Service Provider Information

Bookmarkjar
Tax ID (NIF): 514845678
Registered Address: Rua do Comércio, 100
1200-080 Lisbon, Portugal
Email: [email protected]
Support: [email protected]

1. Acceptance of Terms

By creating an account, accessing, or using Bookmarks ("the Service," "we," "us," or "our"), you accept and agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you must not use this Service.

By accepting these Terms, you represent and warrant that:

• You are at least 18 years of age
• You have the legal capacity to enter into a binding agreement
• Your use of the Service complies with all applicable laws and regulations
• All information you provide is accurate and truthful

2. Service Description

Bookmarks is a bookmark management platform that provides:

• Bookmark storage and organization
• AI-powered tagging, summarization, and search
• Integration with third-party platforms (Twitter, GitHub, Reddit, Instagram, YouTube)
• Browser extension for Chrome
• API access (Pro tier)
• Real-time sync and notifications

The Service is currently in beta status. Features, functionality, and availability may change without prior notice.

3. Use License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to:

• Access and use the Service through our web application
• Install and use our browser extension on supported browsers
• Use our API (if subscribed to a Pro plan)

This license does not permit you to:

• Sublicense, sell, or commercialize access to the Service
• Reverse engineer, decompile, or disassemble any part of the Service
• Remove or modify any proprietary notices
• Use the Service for any unlawful purpose

Free tier users may use the Service for personal, non-commercial purposes only. Pro tier users may use API access for commercial purposes subject to Section 16.

4. Account Registration and Security

To use the Service, you must create an account. You agree to:

• Provide accurate, current, and complete information
• Maintain and update your account information
• Keep your password secure and confidential
• Not share your account credentials with others
• Notify us immediately of any unauthorized access
• Accept responsibility for all activities under your account

We reserve the right to suspend or terminate accounts that provide false information or violate these Terms.

5. Age Requirement

You must be at least 18 years of age to use this Service. By using the Service, you represent and warrant that you meet this age requirement. We do not knowingly collect information from or provide services to individuals under 18.

6. Subscription Plans and Billing

6.1 Plan Types

We offer two subscription plans:

Free Plan:

• Up to 100 bookmarks per month
• 1,000 bookmarks lifetime limit
• AI-powered features (50,000 tokens/month)
• Basic and semantic search
• Community support

Pro Plan ($12/month):

• Up to 1,500 bookmarks per month
• 50,000 bookmarks lifetime limit
• Priority AI processing (500,000 tokens/month)
• API access
• Advanced search features
• Email support
• Priority processing

6.2 Billing Terms

• Auto-Renewal: Subscriptions automatically renew monthly unless cancelled
• Payment Processing: Payments are processed by Stripe, Inc.
• Currency: All prices are in USD unless otherwise specified
• Taxes: Prices may be subject to VAT or other taxes based on your location
• Payment Methods: We accept payment methods supported by Stripe

6.3 Cancellation and Downgrade

• You may cancel your subscription at any time through your account settings
• Cancellations take effect at the end of the current billing period
• No partial refunds are provided for unused time (see separate Refund Policy)
• Upon downgrade to Free plan, you are responsible for deleting bookmarks to meet Free tier limits
• We do not automatically delete your bookmarks upon downgrade or cancellation

6.4 Grace Period

New Pro subscribers receive a 7-day grace period with enhanced limits (10x multiplier on daily and monthly limits) to facilitate initial migration and setup.

6.5 Price Changes

We reserve the right to change subscription prices with 30 days' advance notice via email. Price changes will not affect your current billing period.

7. Prohibited Uses

You agree not to use the Service to:

Illegal Activities:

• Bookmark, store, or share illegal content
• Violate any local, national, or international law
• Infringe on intellectual property rights
• Engage in fraud, phishing, or identity theft

Abuse and Misconduct:

• Harass, threaten, or harm others
• Distribute malware, viruses, or harmful code
• Spam or send unsolicited communications
• Scrape, crawl, or bulk download Service content
• Circumvent rate limits or usage restrictions

Service Integrity:

• Reverse engineer or decompile the Service
• Attempt unauthorized access to our systems
• Interfere with Service operation or infrastructure
• Create accounts using automated means
• Share or resell your account access

Third-Party Violations:

• Violate terms of service of integrated platforms (Twitter, GitHub, etc.)
• Bypass or abuse third-party API restrictions
• Misrepresent your relationship with third-party services

8. Content Ownership and License

8.1 Your Content

You retain all ownership rights to your bookmarks, tags, notes, and other content you create ("User Content"). We claim no ownership over your User Content.

8.2 License to Us

By using the Service, you grant us a limited, worldwide, non-exclusive license to:

• Store, process, and display your User Content
• Generate AI summaries and tags from your bookmarks
• Backup and cache your content for Service operation
• Transmit your content through our infrastructure and third-party services

This license exists solely to operate and provide the Service and terminates when you delete content or close your account.

8.3 Our Content

The Service itself, including its design, code, features, trademarks, and functionality, is the exclusive property of Bookmarkjar and is protected by copyright, trademark, and other intellectual property laws.

9. AI-Powered Features and Third-Party Services

9.1 AI Services

The Service uses third-party artificial intelligence services (OpenAI, Google AI) to provide:

• Automatic bookmark tagging
• Content summarization
• Semantic search
• Chat and conversational features

Important AI Disclaimers:

• AI-generated content may be inaccurate, incomplete, or misleading
• We do not warrant the accuracy or reliability of AI outputs
• You should verify important information independently
• AI features depend on third-party service availability

9.2 Third-Party Dependencies

The Service integrates with and depends on third-party services, including but not limited to:

• AI Providers: OpenAI, Google AI
• Payment Processing: Stripe
• Search: Meilisearch
• Storage: AWS S3/Cloudflare R2
• Real-time Services: Pusher
• Background Jobs: BullMQ
• Social Platforms: Twitter, GitHub, Reddit, Instagram, YouTube

Your use of these integrations is subject to their respective terms of service and privacy policies. We are not responsible for:

• Third-party service availability or outages
• Changes to third-party APIs or policies
• Third-party data handling practices
• Costs or charges from third-party services

9.3 Integration Data

When you connect third-party integrations:

• We store access tokens and metadata necessary for synchronization
• Synced bookmark data persists in our database even if you disconnect the integration
• You are responsible for manually deleting synced bookmarks if desired
• We access only the permissions you explicitly grant during OAuth authorization

10. Data Storage and Retention

10.1 What We Store

We store:

• Your account information and profile data
• Bookmarks (URLs, titles, metadata, content, images)
• Tags, notes, and organizational data
• Integration tokens and sync data
• Usage analytics and events

10.2 Data Retention

• Active Accounts: Data is retained while your account is active
• Deleted Content: Bookmark deletions are processed immediately (or near-immediately)
• Account Deletion: You may request account deletion, which removes all personal data within 30 days
• Legal Obligations: We may retain certain data to comply with legal requirements

10.3 Data Export

You may export your bookmarks and data at any time through your account settings in standard formats (JSON, CSV). This right is guaranteed under GDPR Article 20 (data portability).

11. Third-Party Content and Links

11.1 Bookmarked Content

The Service allows you to save links to third-party websites and content. We do not:

• Control, endorse, or take responsibility for third-party content
• Verify the accuracy, legality, or safety of bookmarked content
• Monitor the content of websites you bookmark

You are solely responsible for:

• The legality of content you bookmark
• Compliance with third-party website terms
• Risks associated with accessing bookmarked sites

11.2 Copyright and DMCA

We respect intellectual property rights. If you believe content in our Service infringes your copyright:

DMCA Notice Requirements:

• Identification of the copyrighted work
• Location of infringing material (URL/bookmark ID)
• Your contact information
• Statement of good faith belief
• Statement of accuracy under penalty of perjury
• Physical or electronic signature

Send DMCA notices to: [email protected]

We will respond to valid DMCA notices in accordance with the Digital Millennium Copyright Act and may terminate accounts of repeat infringers.

12. Content Moderation

While we do not generally monitor user bookmarks, we reserve the right to:

• Remove content that violates these Terms or applicable law
• Suspend or terminate accounts engaged in illegal activity
• Cooperate with law enforcement investigations
• Remove content in response to valid legal requests

You may report suspected violations to: [email protected]

13. Service Availability and Limitations

13.1 Beta Status and Changes

The Service is currently in beta. We may:

• Modify, suspend, or discontinue features at any time
• Implement breaking changes without prior notice
• Limit access to certain features or users
• Conduct testing and experimentation

13.2 No Service Level Agreement

We provide the Service on an "as-is," "best effort" basis. We do not guarantee:

• Uninterrupted or error-free operation
• Specific uptime percentages
• Response times or performance metrics
• Continuous availability of any feature

13.3 Usage Limits

We enforce usage limits based on your subscription plan:

• Bookmark creation limits (daily, monthly, lifetime)
• AI token consumption limits
• Storage limits
• API rate limits (Pro users)

Exceeding limits may result in:

• Temporary feature restrictions
• Requests being throttled or rejected
• Account suspension for severe or repeated violations

14. Browser Extension

Our Chrome browser extension is subject to:

• These Terms of Service
• Chrome Web Store policies and terms
• The same data collection practices as our web application

The extension requires certain browser permissions to function. We use permissions only for their stated purposes and do not collect data beyond what is disclosed in our Privacy Policy.

15. API Access (Pro Plan)

15.1 API License

Pro plan subscribers receive API access subject to:

• Rate limits (enforced per API key)
• Fair use policies
• These Terms of Service

15.2 API Keys

• API keys are personal and non-transferable
• You are responsible for keeping API keys secure
• We may revoke API keys for abuse or violations
• Lost or compromised keys can be regenerated in your account settings

15.3 Rate Limits and Restrictions

• Rate limits are subject to change
• Exceeding rate limits results in throttling
• Attempting to circumvent rate limits may result in account termination
• API availability is not guaranteed (no SLA)

15.4 Prohibited API Uses

You may not use the API to:

• Resell or redistribute Service access
• Create competing services
• Exceed fair use thresholds
• Make excessive or abusive requests
• Violate any other Terms provision

16. Account Termination and Suspension

16.1 Termination by Us

We may suspend or terminate your account:

With Notice:

• For paid accounts: 7 days' notice for non-payment
• For paid accounts: 30 days' notice for Terms violations (if curable)

Immediately Without Notice:

• Illegal activity or content
• Severe abuse or harassment
• Security threats or hacking attempts
• Fraudulent payment methods
• Repeated Terms violations

16.2 Termination by You

You may close your account at any time through account settings. Upon termination:

• Access to the Service is immediately revoked
• Your data will be deleted within 30 days (unless legally required to retain)
• You have 30 days to export your data before permanent deletion
• Subscription fees are not refunded (see Refund Policy)

16.3 Effect of Termination

Upon termination of your account:

• All licenses granted to you immediately cease
• We may delete your data in accordance with our retention policy
• Provisions that should survive (liability, indemnity, governing law) remain in effect
• Outstanding payment obligations remain due

17. Disclaimers and Warranties

17.1 No Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Merchantability: No warranty the Service is suitable for any purpose
• Fitness: No warranty the Service meets your requirements
• Accuracy: No warranty that content or AI outputs are accurate
• Availability: No warranty of uninterrupted access
• Security: No warranty against data loss or security breaches
• Third-Party Services: No warranty regarding third-party service availability

17.2 AI and Automated Content

AI-generated summaries, tags, and responses:

• May contain errors, omissions, or inaccuracies
• Should not be relied upon for critical decisions
• Are provided for convenience only
• Do not constitute professional advice

17.3 Data Security

While we implement reasonable security measures, we cannot guarantee:

• Complete security against breaches
• Protection against all cyber threats
• Zero data loss scenarios

You are responsible for:

• Maintaining your own backups
• Securing your account credentials
• Using strong passwords

18. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

18.1 No Liability For

WE SHALL NOT BE LIABLE FOR:

• Indirect Damages: Loss of profits, revenue, data, goodwill, or opportunities
• Consequential Damages: Any damages arising from use or inability to use the Service
• Third-Party Actions: Actions or omissions of third-party services
• User Content: Content you or other users store or share
• Data Loss: Loss of bookmarks or data due to any cause
• Service Interruptions: Downtime, outages, or maintenance
• AI Errors: Inaccurate or misleading AI-generated content

18.2 Maximum Liability

Our total liability to you for all claims arising from your use of the Service shall not exceed the greater of:

• The amount you paid us in the 12 months preceding the claim, OR
• €100 (one hundred euros)

18.3 Jurisdictional Limitations

Some jurisdictions do not allow limitation of liability for personal injury or certain damages. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

19. Indemnification

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

• Your use or misuse of the Service
• Your violation of these Terms
• Your violation of third-party rights
• Content you submit or bookmark
• Your integration with third-party services
• Your use of the API

20. Privacy and Data Protection

20.1 Privacy Policy

Your use of the Service is subject to our Privacy Policy, which is incorporated by reference into these Terms. Please review it at https://bookmarkjar.com/privacy-policy.

20.2 GDPR Rights

As a Portugal/EU-based service, we comply with the General Data Protection Regulation (GDPR). You have the right to:

• Access: Request copies of your personal data
• Rectification: Correct inaccurate data
• Erasure: Request deletion of your data ("right to be forgotten")
• Restriction: Limit how we process your data
• Portability: Export your data in machine-readable format
• Objection: Object to certain processing activities

To exercise these rights, contact: [email protected]

20.3 Data Controller

Bookmarkjar is the data controller for personal data collected through the Service.

20.4 Cross-Border Transfers

Some of our third-party services (OpenAI, Stripe, AWS) are located in the United States and other countries outside the EU. We ensure adequate safeguards are in place for cross-border data transfers in compliance with GDPR Article 46.

20.5 Supervisory Authority

You have the right to lodge a complaint with the Portuguese Data Protection Authority (Comissão Nacional de Proteção de Dados - CNPD):

CNPD
Av. D. Carlos I, 134, 1º
1200-651 Lisboa, Portugal
Phone: +351 213 928 400
Website: www.cnpd.pt

21. Modifications to Terms

21.1 Right to Modify

We reserve the right to modify these Terms at any time. When we make changes:

For Material Changes:

• We will notify you via email at least 30 days in advance
• We will update the "Last updated" date at the top
• We will provide a summary of changes in the notification

For Minor Changes:

• We will update the "Last updated" date
• Continued use constitutes acceptance

21.2 Your Options

If you do not agree to modified Terms:

• You may cancel your subscription without penalty
• You must stop using the Service
• You have 30 days to export your data

22. Governing Law and Jurisdiction

22.1 Applicable Law

These Terms are governed by and construed in accordance with the laws of Portugal, without regard to conflict of law principles.

22.2 Jurisdiction

You irrevocably agree to submit to the exclusive jurisdiction of the courts of Portugal for any disputes arising from these Terms or your use of the Service.

22.3 EU Consumer Rights

If you are a consumer in the European Union, you may also have rights under your local consumer protection laws, which these Terms do not override.

23. Dispute Resolution

23.1 Informal Resolution

Before initiating formal proceedings, you agree to contact us at [email protected] to attempt informal resolution. We will make good faith efforts to resolve disputes amicably within 30 days.

23.2 EU Online Dispute Resolution

EU consumers may access the European Commission's Online Dispute Resolution platform at:
https://ec.europa.eu/consumers/odr

23.3 Class Action Waiver

To the extent permitted by law, you agree to bring claims individually and not as part of any class or representative action.

24. General Provisions

24.1 Entire Agreement

These Terms, together with our Privacy Policy and Refund Policy, constitute the entire agreement between you and Bookmarkjar regarding the Service.

24.2 Severability

If any provision of these Terms is found invalid or unenforceable, the remaining provisions remain in full effect, and the invalid provision will be modified to the minimum extent necessary to make it enforceable.

24.3 No Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision.

24.4 Assignment

You may not assign or transfer these Terms or your account without our written consent. We may assign these Terms without restriction, including in connection with a merger, acquisition, or sale of assets.

24.5 Force Majeure

We are not liable for delays or failures caused by events beyond our reasonable control, including natural disasters, wars, pandemics, internet outages, or third-party service failures.

24.6 Survival

Provisions that by their nature should survive termination (including ownership, indemnity, limitation of liability, and governing law) will survive termination of these Terms.

24.7 Language

These Terms are provided in English. Any translations are for convenience only. In case of conflicts, the English version prevails.

24.8 Headings

Section headings are for convenience only and do not affect interpretation of these Terms.

25. Contact Information

For questions, concerns, or notices regarding these Terms, contact us:

Email: [email protected]
Support: [email protected]
DMCA: [email protected]
Privacy: [email protected]
Abuse Reports: [email protected]

Postal Address:
Bookmarkjar
Rua do Comércio, 100
1200-080 Lisbon, Portugal

By using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.