Terms of service

Marque lets the Client’s teams check work against the Client’s brand strategy (Ask Marque), read their Intelligence Architecture, store and search brand assets, and review past readings. As the pilot goes on, Marque also lets them:

• apply Marque’s changes to a piece (Fix it), check a creative against the Client’s brand kit, and check a media plan someone else wrote;
• make work from the Intelligence Architecture: briefs, social posts, content plans, measurement frameworks and simple brand jobs from the Client’s own templates;
• edit a design with colleagues at the same time, fill it from people’s details or a sheet, and download it as PDF and PNG files;
• send a piece to a named approver (Sign-off), and comment on it;
• see reports on consistency and usage;
• connect the Client’s own services: social accounts, Slack, Microsoft Teams, work-account sign-in, a staff directory, an assistant, an asset library, the API and webhooks.

Each of these is switched on for the Client when it is ready, and these terms apply to it from then. Features may change as the platform develops; we won’t remove a feature the Client relies on during a paid term without reasonable notice. Marque has no paid plans during the pilot. A paid plan’s service levels and support will be as set out in its order form.

Pilots. During a pilot, Marque is provided as a trial, free of charge unless the pilot agreement sets a fee, for the period agreed. Pilot features may be incomplete and are provided without service levels.

Accounts are created by invitation, or through the Client’s work-account sign-in or staff directory where the Client connects one. The Client’s administrators manage who has access, each person’s role (View only, Member, Approver or Admin) and the groups they belong to, and are responsible for their Users’ use of Marque. Keep sign-in details confidential and tell us promptly at info@bigandbold.com if you suspect unauthorised access.

Don’t use Marque to: break the law or anyone’s rights; upload content you don’t have the right to use; make content that is unlawful or misleading; upload malware or try to break, probe or overload the service; access another organisation’s data; resell or provide Marque, its readings or its API to third parties; or use it to build a competing product. We may suspend access, or turn off a connection, to stop a serious or continuing breach, and will tell the Client when we do.

“Client Content” means everything the Client and its Users submit, upload or import: content for reading, creative files, assets and documents, the brand information that goes into the Intelligence Architecture, plans, channels and key dates, and the rows of any sheet used in a data merge.

• The Client keeps all rights in Client Content.
• As between the Client and Big+Bold, the work Marque makes for the Client (drafts, plans and pieces) belongs to the Client once it is made, apart from Big+Bold’s materials in it (section 5).
• The Client gives Big+Bold a licence to use Client Content only to provide, secure and support Marque for the Client, including checking that Marque’s readings stay reliable.
• We don’t use Client Content to train models, and we don’t share it with other clients.
• The Client is responsible for having the rights to the Client Content it uploads.

The Client owns the brand content of its Intelligence Architecture: what it says about the Client’s brand, audiences, messages and tone. The Client can take a copy of it when the agreement ends (section 17).

Big+Bold owns its materials: Marque itself, the Marque Calibration Framework, the structure and method of the Intelligence Architecture, the prompts and reading methods Marque uses, the structure of the templates Big+Bold’s designers build (the Client keeps its own marks and content in them), and anything generic we develop. During the agreement, the Client may use Big+Bold’s materials through Marque.

Marque, the Marque name and the Big+Bold name and marks belong to Big+Bold. Nothing in these terms transfers them.

Ask Marque reads work with a language model, applying the Client’s Intelligence Architecture. Marque writes drafts with a language model too, and Ask Marque reads every draft before anyone sees it. Drafts that fall short of the line are held back.

• Readings and drafts are guidance to support professional judgement. They are not a guarantee that content is accurate, lawful, compliant or effective.
• Marque advises. People decide. Marque never approves a piece on its own, and the Client remains responsible for what it publishes.
• Readings may vary between runs and over time as models change. We choose the models Marque uses and may change them.
• Marque makes no media plans. It has no reach, cost or inventory data, and never invents it. It checks a media plan someone else wrote.

The Client names its approvers. An approver signs off a piece or sends it back with a note. Marque keeps the record: who approved what, when, and against which version of the Intelligence Architecture. Big+Bold never signs off a piece for the Client. Marque keeps the record and its pieces for six years after the agreement ends, so the Client can show how its work was approved.

Big+Bold’s designers build the Client’s templates from its guidelines, for the Client alone. The Client confirms that it may use, in Marque, the fonts, images and logos it provides, and tells us of any limits in their licences. Marque uses each font only as its licence allows.

The Client connects its own social accounts, under each network’s own terms. Marque posts only the version of a post that was read and signed off. Big+Bold posts a signed-off post for the Client only when the Client asks. A network may refuse, delay, change or remove a post, and we are not responsible for what a network does with it. Test Mode never posts.

Each service the Client connects is the Client’s own, under its own terms. API keys and assistant connections are the Client’s responsibility: keep them secret, and remove any that may have been exposed. The API has rate limits. Webhooks carry Marque’s references, verdicts and links, never the work itself. We may turn off a connection that fails, or that puts Marque or another client at risk, and will tell the Client when we do.

Marque has limits on storage, downloads and how much it makes for each organisation in a day and a month. When the Client reaches one, Marque says so and pauses that part until the next period, or until Big+Bold raises the limit. People’s own readings carry on past the making allowance, up to a higher limit.

Big+Bold provides Marque. Where the Client publishes text made with Marque to inform the public on matters of public interest, the Client is responsible for any disclosure the EU AI Act requires. Sign-off keeps the record of the person who reviewed it.

Marketing plans are made with Big+Bold’s strategists. Each part is reviewed by a strategist who did not write it before the plan is shared with the Client. Budget lines are the Client’s or the strategist’s own figures. Marque never proposes an amount.

Pilots are free of charge, unless the pilot agreement sets a fee. Marque has no paid plans during the pilot. A paid plan’s fees, payment terms and renewal pricing will be as set out in its order form. Fees are exclusive of VAT, which is added where it applies.

Each party keeps the other’s confidential information confidential and uses it only for the purposes of the agreement. Client Content and the Intelligence Architecture are the Client’s confidential information; Marque’s non-public features, methodology and pricing are ours.

Each party complies with UK data protection law. Where we process personal data on the Client’s behalf, we do so as its processor under our data processing agreement, which lists the providers we use. Our privacy notice explains how we handle personal data for which we are the controller.

The agreement runs for the term in the order form or pilot agreement. Either party may end it if the other commits a material breach that isn’t fixed within 30 days of notice, or becomes insolvent. When it ends, access stops and connected services are disconnected; for 30 days afterwards the Client can ask us to export its Client Content and its Intelligence Architecture, after which we delete them within 60 days, except the sign-off record (section 7), anything the law requires us to keep, and backups, which expire on their normal cycle.

Nothing limits liability for death or personal injury caused by negligence, fraud, or anything else that can’t be limited by law. Otherwise: neither party is liable for indirect or consequential loss, or loss of profit, revenue or goodwill; and each party’s total liability in any 12 months is limited to the greater of the fees the Client paid in that period and £5,000.

We may update these terms; we’ll give the Client at least 30 days’ notice of material changes. Neither party may transfer the agreement without the other’s consent, except to a successor of its business. These terms are governed by the law of Northern Ireland, and the courts of Northern Ireland have exclusive jurisdiction.

Questions about these terms: info@bigandbold.com.