Terms of Service
The contract governing access to and use of MarketMigo, based in Mexico and preserving mandatory rights elsewhere. The Spanish version controls transactions made in Mexico. This English version is a convenience translation.
1. Provider identity and the nature of MarketMigo
These Terms are an agreement between you and Juan Pablo Padrón Elenes, an individual with notice address at Prolongación Vista Hermosa 32, who operates the digital service known as “MarketMigo” (the “Provider”).
MarketMigo is an unregistered product and trade name; it is not a separate company, enterprise, or legal person. “MarketMigo,” “we,” “us,” and “our” mean the Provider. We do not claim that MarketMigo is a registered trademark.
Website: https://www.marketmigo.com. Phone: +525527602358. Support and privacy email: support@marketmigo.com.
2. Acceptance, versions, and electronic evidence
By checking the box and selecting “Create account,” you expressly agree to these Terms and acknowledge receiving and reading the Privacy Notice. If you act for an organization, you represent that you have authority to bind it, and “you” includes that organization.
Each version has a date and content hash. We retain the account, versions, hashes, language, displayed acceptance wording, affirmative action, and server timestamp. Data messages and those records may evidence the contract.
The check box is presented once, when you create your account. After that, each sign-in is itself an affirmative act of acceptance: the sign-in screen states and links to the Terms and Privacy Notice then in force, and completing sign-in records your acceptance of those current versions, including any update published since your previous acceptance. If you prefer not to accept a new version, do not sign in, and use available methods to export data, cancel a subscription, request deletion, or contact support.
If a new version is published while your session is already open, the Service will show it and require “Accept and continue” before ordinary use. Acceptance is never inferred from silence or from merely holding an account: it always comes from the sign-up check box, from signing in, or from expressly accepting on that screen.
Acknowledging the Privacy Notice is not blanket consent to optional purposes, sensitive data, or transfers that legally require a separate choice.
3. Eligibility, accounts, and security
- You must be at least 18 and legally able to contract.
- Provide accurate information, keep it current, and protect credentials and devices.
- You are responsible for invited members, roles, permissions, and workspace activity, except unauthorized use that you report promptly.
- Immediately report suspected compromise or misuse to support@marketmigo.com.
4. Service and feature availability
MarketMigo provides tools for brand records, AI-assisted content creation and review, assets, calendars, approvals, analytics, usage limits, and supported platform connections. The in-product description and applicable order determine included features.
Features may depend on credentials, permissions, provider review, plan limits, availability, or additional setup. A feature marked beta, coming soon, disabled, verification pending, or unavailable is not a delivery commitment until expressly enabled.
A draft, calendar item, or internal state is not proof of publication. Only a destination-platform success receipt means MarketMigo received a success response; the platform may still delay, moderate, remove, or limit content.
5. Your final control and assumed risks
You retain final editorial and commercial control. You review, edit, approve, publish, use, and rely on content and outputs at your own risk. Before use or publication, you must verify facts, prices, promotions, inventory, claims, audiences, dates, destinations, budgets, rights, permissions, notices, and legal compliance.
You are responsible for your content, instructions, campaigns, automation choices, and connected-account activity, including advertising, intellectual-property, privacy, publicity, consumer, discrimination, sweepstakes, regulated-industry, and platform-rule claims.
No recommendation, quality score, automated review, or technical approval replaces your judgment or legal, tax, financial, medical, advertising, or other professional advice. Do not present output as a fact, guarantee, testimonial, or measured result without adequate evidence.
6. Artificial intelligence and generated content
AI output can be inaccurate, incomplete, biased, offensive, non-unique, not copyrightable, similar to third-party material, or unsuitable. We do not warrant originality, exclusivity, non-infringement, accuracy, legality, or platform acceptance.
Do not provide unnecessary or unauthorized sensitive personal information, secrets, confidential material, or third-party content. Apply meaningful human review and retain evidence supporting material claims and permissions.
7. Publishing, automation, and connected platforms
When you order publication or enable supported automation, you instruct us to transmit selected content to configured destinations and times. Verify them before confirmation. You may withdraw a future instruction while the Service can still stop it; we cannot recall an action already accepted by a third party.
Meta, Instagram, Facebook, TikTok, Google, and other services have their own terms, permissions, and decisions. We do not control their outages, reviews, API changes, moderation, suspension, reach, charges, or metrics.
8. Your content, data, and operating license
You keep your rights in brand materials, instructions, images, files, analytics, prompts, drafts, and other submissions (“Customer Content”). You grant us a worldwide, non-exclusive license, revocable at termination subject to lawful retention, to host, copy, transform, transmit, and display it only to provide, protect, maintain, and support the Service under your instructions.
You represent that you have necessary rights, permissions, legal bases, and notices. Uploading third-party material does not transfer rights to us, and we do not promise that generated output is protectable.
9. Acceptable use
- Do not violate law, rights, trade sanctions, or applicable platform rules.
- Do not create fraud, impersonation, spam, malware, abuse, harassment, metric manipulation, child sexual abuse material, exploitation, or unlawful harm.
- Do not evade limits, controls, approvals, security, tenant isolation, or publishing authority.
- Do not access, probe, scrape, resell, reverse engineer, or interfere with the Service except where mandatory law permits.
- Do not use data, faces, voices, brands, or credentials without permission or hide required AI, advertising, or sponsorship disclosures.
10. Service ownership and feedback
The Provider and licensors retain rights in the software, designs, documentation, data models, interfaces, and other Service components. MarketMigo is an unregistered trade name; these Terms do not claim trademark registration or let you hold yourself out as the Provider.
You may use the Service while your account is active under your plan and these Terms. We may use suggestions without payment or attribution, while not disclosing confidential information or identifying you publicly without permission.
11. Plans, limits, charges, and billing
Before purchase, we will show price, currency, applicable taxes, billing frequency, amount and date, included limits, and whether renewal is automatic. Recurring charges require express, informed consent separate from creating an account.
Stripe or another authorized processor handles full payment credentials. We generally receive identifiers, status, amount, currency, invoices, and billing metadata—not the complete card number.
In Mexico, we will give at least five calendar days’ notice before automatic renewal when required, allow immediate cancellation without penalty, and not add optional services or increase price without required notice or consent. Visible account and API limits are part of the purchased service.
12. Cancellation, refunds, and consumer rights
Cancel through the Billing method made available or by contacting support@marketmigo.com. Cancellation stops future renewals; access normally continues through the paid period unless you select immediate termination or law requires otherwise.
We provide refunds, revocation, bonuses, compensation, and termination when required by law or the applicable offer. Nothing removes non-waivable rights, including access to PROFECO where applicable.
13. Privacy, confidentiality, and security
The Privacy Notice at https://www.marketmigo.com/privacy explains processing. We use controls designed to protect information and isolate workspaces, but no system is infallible. Configure permissions carefully, keep reasonable backups, and do not use the Service as the only repository for critical data.
14. Suspension, termination, and data exit
We may limit or suspend access when reasonably needed to protect people or systems, investigate abuse, comply with an order, prevent unauthorized spend, address nonpayment, or remedy a breach. When practical, we will give notice and an opportunity to cure.
You may stop using the Service, export available data, cancel charges, and request deletion. On termination your use license ends, while accrued payments, ownership, acceptance records, responsibility, valid limitations, disputes, and provisions that should survive remain effective.
15. Disclaimers
To the maximum lawful extent, the Service is provided “as is” and “as available.” We do not warrant uninterrupted or error-free operation, no loss, absolute security, permanent compatibility, third-party acceptance, reach, sales, revenue, savings, rankings, or other business results.
This does not exclude warranties, quality, security, information, or remedies that mandatory law does not permit us to exclude.
16. Lawful limitation of liability
To the maximum lawful extent, the Provider is not liable for indirect, incidental, special, exemplary, or consequential damages, or lost profits, opportunities, reputation, or data arising from your decisions, Customer Content, AI output, misconfiguration, or third-party acts.
For business customers only and where lawful, aggregate direct liability for the Service will not exceed the greater of fees that customer paid in the six months before the event and MXN $2,000. This cap does not cover fraud, intentional misconduct, non-waivable duties, or liability that law does not permit us to limit.
Nothing releases the Provider from all civil liability, shifts the Provider’s own liability to a consumer, or excludes mandatory consumer, refund, compensation, privacy, security, or data-protection rights and remedies.
17. Third-party claims
If you use the Service for business, and to the extent permitted, you will defend and indemnify the Provider from third-party claims caused by your Customer Content, instructions, unlawful publication, breach of these Terms, or rights violations. This excludes the portion caused by the Provider’s own intentional misconduct, illegality, or breach.
18. International use and AI disclosures
The Service is operated from Mexico and may be reachable elsewhere, but we do not represent that it is appropriate or lawful in every jurisdiction. You are responsible for local rules applying to your activity. We may restrict regions or features where required registrations, representatives, transfer mechanisms, permissions, or controls are absent.
You must label synthetic content, deepfakes, advertising, sponsorship, or public-interest text when law or platform rules require. You cannot transfer to us duties that law places directly on the deployer, publisher, or advertiser.
19. Force majeure
Neither party is responsible for delay outside reasonable control, including broad network or provider failures, disasters, government action, conflict, epidemics, or widespread attacks, if it reasonably mitigates and resumes performance when possible. This does not erase due payments or mandatory rights.
20. Changes to these Terms
We may propose prospective updates as the Service or law changes. We will post the version, date, and summary. Material changes are not retroactive and are not accepted by silence; reasonable notice and an affirmative act by you are required before continuing — your next sign-in, or the in-product acceptance screen if your session is already open. Non-material corrections or contact updates will be communicated appropriately.
21. Governing law and disputes
Mexican federal law and, supplementally, the law of the Mexican state of the Provider’s domicile govern, without depriving you of non-waivable protections in your residence.
Before filing, the parties will try in good faith to resolve the matter through notice to support@marketmigo.com. Consumers may use PROFECO and courts or mechanisms made available by mandatory law. Otherwise, courts at the Provider’s domicile have jurisdiction. Mexican consumers are not forced into a foreign forum.
22. General terms
These Terms, the Privacy Notice, applicable offer, and order form the agreement. If a term is invalid, it is narrowed only as necessary and the rest remains. A one-time waiver is not a future waiver. You may not assign without consent except in a legitimate reorganization; the Provider may assign only with notice and without reducing mandatory rights.
23. Contact
Provider: Juan Pablo Padrón Elenes · Address: Prolongación Vista Hermosa 32 · Phone: +525527602358 · Email: support@marketmigo.com · Website: https://www.marketmigo.com.