Terms of Service

By accessing or using MarketingMogul, you confirm that you are at least 16 years of age and have the legal capacity to enter into these Terms. If you are using the Service on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

If you do not agree to these Terms, you must not access or use the Service. Your continued use of the Service after any changes to these Terms constitutes your acceptance of those changes.

By creating an account, you also agree to our Privacy Policy, which describes how we collect, use, and protect your information.

MarketingMogul is a social media management platform that provides:

• AI-powered content generation and drafting for social media posts
• Content scheduling, approval workflows, and publishing
• Social media account connection and management via OAuth
• Analytics and performance tracking for published content
• Brand management and multi-brand support
• Team collaboration features (on applicable plans)

The Service is provided as a Software-as-a-Service (SaaS) platform. MarketingMogul continuously evolves by adding, modifying, or removing features. We will notify you of material changes that significantly affect your use of the Service.

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

• Provide accurate, current, and complete registration information
• Maintain and promptly update your account information
• Maintain the security of your account credentials
• Accept responsibility for all activities that occur under your account
• Notify us immediately of any unauthorized use of your account

You may not create an account using false information, impersonate another person, or create multiple accounts to circumvent plan limitations. We reserve the right to suspend or terminate accounts that violate these requirements.

4.1 Plans & Pricing

The Service is offered through various subscription plans with different feature sets and pricing. Current pricing is available on our website. We may change pricing at any time with at least 30 days' notice before the next billing cycle.

4.2 Billing

Paid subscriptions are billed in advance on a monthly or annual basis. Payment is processed through our third-party payment processor (Stripe). By subscribing, you authorize us to charge your payment method for the applicable fees.

4.3 Cancellation & Refunds

You may cancel your subscription at any time. Cancellation takes effect at the end of the current billing period. We do not provide prorated refunds for partial billing periods. If you believe you are entitled to a refund due to a service issue, please contact our support team.

4.4 Free Tier

We may offer a free tier or trial period. Free tiers may have limited features and are subject to usage restrictions. We reserve the right to modify or discontinue free tiers at any time.

5.1 Your Content

"User Content" includes any text, images, data, brand information, drafts, posts, and other materials you create, upload, or submit through the Service. You retain full ownership of your User Content. MarketingMogul does not claim any ownership rights in your User Content.

5.2 License Grant

By submitting User Content, you grant MarketingMogul a limited, non-exclusive, worldwide, royalty-free license to use, store, display, reproduce, and process your User Content solely for the purpose of providing the Service to you (e.g., publishing your posts to connected social media platforms, displaying your content within the dashboard).

5.3 Content Responsibility

You are solely responsible for your User Content. You represent and warrant that:

• You have all necessary rights and permissions to submit and publish the content
• Your content does not infringe on any third-party intellectual property rights
• Your content complies with all applicable laws and regulations
• Your content does not contain unlawful, defamatory, or harmful material

5.4 Content Backup

You are responsible for maintaining your own backups of User Content. Upon account termination, you may lose access to your User Content stored within the Service.

5.5 Feedback

If you provide us with feedback, suggestions, or improvement ideas regarding the Service ("Feedback"), you grant MarketingMogul an unrestricted, perpetual, irrevocable, non-exclusive, royalty-free license to use and incorporate the Feedback for any purpose, including improving the Service. We are not obligated to provide attribution for any Feedback.

Subject to your compliance with these Terms, MarketingMogul grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Service for your internal business or personal purposes.

You may not:

• Sublicense, resell, or redistribute the Service or any part thereof
• Reverse engineer, decompile, or disassemble any portion of the Service
• Use the Service to build a competing product or service
• Remove or alter any proprietary notices or trademarks
• Use automated scripts, bots, or scrapers to access the Service (except via approved APIs)

7.1 Third-Party Platforms

The Service integrates with third-party social media platforms including LinkedIn, Instagram (Meta), and X (Twitter) ("Third-Party Platforms"). Your use of these integrations is subject to the terms and policies of each respective platform.

7.2 OAuth Authorization

When you connect a social media account, you authorize MarketingMogul to access your account on the Third-Party Platform using OAuth 2.0 to perform actions you have approved (such as publishing posts). You may revoke this authorization at any time from our Settings page or directly on the Third-Party Platform.

7.3 Platform Changes & Availability

Third-Party Platforms may change their APIs, terms, or policies at any time, which may affect the availability or functionality of our integrations. MarketingMogul is not responsible for any changes, outages, or limitations imposed by Third-Party Platforms.

7.4 Platform Compliance

You are responsible for ensuring that your use of the Service complies with the terms and community guidelines of each Third-Party Platform. MarketingMogul is not liable for any penalties, suspensions, or actions taken by Third-Party Platforms against your account due to content you publish through our Service.

7.5 No Endorsement

MarketingMogul's integration with Third-Party Platforms does not imply endorsement by those platforms. LinkedIn, Meta, X, and other platform names are trademarks of their respective owners.

8.1 Nature of AI Content

The Service uses artificial intelligence models (including Google Gemini, OpenAI, and Anthropic Claude) to generate content suggestions, drafts, and recommendations. AI-generated content is provided as suggestions only and may contain errors, inaccuracies, or inappropriate material.

8.2 Review Responsibility

You are solely responsible for reviewing, editing, and approving all content before publication. MarketingMogul provides tools for content creation and scheduling, but the decision to publish is yours. We recommend reviewing all AI-generated content for accuracy, appropriateness, and compliance with applicable laws before publishing.

8.3 No Guarantee of Accuracy

We do not guarantee the accuracy, completeness, quality, or suitability of AI-generated content. AI models may produce content that is factually incorrect, biased, or inappropriate for your audience. Use AI suggestions at your own discretion.

8.4 Ownership of AI Content

Content generated by AI through the Service, once reviewed, edited, and approved by you, is treated as your User Content under Section 5. You assume full responsibility for any AI-generated content you choose to publish.

By using the Service, you agree NOT to:

• Use the Service for any purpose that is unlawful or prohibited by these Terms
• Violate, encourage, or provide instructions on how to violate any applicable law or regulation
• Infringe upon or misappropriate any third-party intellectual property rights
• Publish defamatory, harassing, threatening, discriminatory, or hateful content
• Generate, distribute, or publish spam, malware, or deceptive content
• Impersonate any person, entity, or falsely claim affiliation with any organization
• Attempt to gain unauthorized access to other users' accounts or data
• Interfere with or disrupt the integrity or performance of the Service
• Reverse engineer, decompile, or attempt to extract the source code of the Service
• Use the Service to scrape, collect, or harvest personal information of other users
• Create multiple accounts to circumvent limitations, bans, or billing terms
• Use automated means (bots, scripts, crawlers) to access the Service outside of approved APIs
• Use the Service in a way that violates the terms of any connected Third-Party Platform

Violation of these prohibitions may result in immediate suspension or termination of your account without prior notice.

10.1 MarketingMogul's Property

The Service, including its visual design, user interface, graphics, code, software, algorithms, and all other elements ("Materials"), is owned by and proprietary to MarketingMogul (operated by AI Definitive LLC). The Service is protected by copyright, trademark, trade secret, and other intellectual property laws.

10.2 Trademarks

"MarketingMogul," the MarketingMogul logo, and all related names, logos, product and service names, designs, and slogans are trademarks of AI Definitive LLC. You may not use these marks without our prior written permission.

10.3 Reserved Rights

All rights not expressly granted to you in these Terms are reserved by MarketingMogul and its licensors.

Your use of the Service is also governed by our Privacy Policy, which details how we collect, use, store, and protect your information. By using the Service, you consent to our data practices as described in the Privacy Policy.

We comply with applicable data protection regulations including the General Data Protection Regulation (GDPR), the California Consumer Privacy Act (CCPA), and other applicable privacy laws. For detailed information about your data rights, please refer to our Privacy Policy.

To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless the MarketingMogul Entities from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with:

• Your use or misuse of the Service
• Your violation of these Terms or any applicable law or regulation
• Your User Content, including any claims that your content infringes on third-party intellectual property or other rights
• Content you publish through the Service to social media platforms
• Your violation of any Third-Party Platform terms or guidelines
• Any dispute between you and any third party arising from your use of the Service

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with our defense.

15.1 Termination by You

You may terminate your account at any time by contacting our support team or through the account settings in the dashboard. Termination takes effect at the end of the current billing period for paid accounts.

15.2 Termination by Us

MarketingMogul may suspend or terminate your account and access to the Service at any time, with or without cause, and with or without notice, including for:

• Violation of these Terms or any applicable policy
• Conduct that is harmful to other users, us, or third parties
• Extended periods of inactivity
• Non-payment of fees

15.3 Effect of Termination

Upon termination:

• Your license to use the Service immediately terminates
• You will no longer be authorized to access your account
• We may delete your User Content, brand data, and account information
• All unpaid fees become immediately due
• Sections 5 (User Content), 10 (IP), 12 (Disclaimers), 13 (Liability), 14 (Indemnification), and 16 (Governing Law) survive termination

You are responsible for exporting any data you wish to retain before terminating your account.

16.1 Governing Law

These Terms are governed by the laws of the State of Texas, United States, without regard to conflict-of-law principles.

16.2 Informal Resolution

Before filing any formal dispute, you agree to first attempt to resolve the dispute informally by contacting us at legal@marketingmogul.app. We will attempt to resolve the dispute within 30 days.

16.3 Arbitration

If informal resolution fails, you agree to resolve any dispute, claim, or controversy arising out of or relating to these Terms through binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules. The arbitration will take place in Dallas, Texas, and the arbitrator's decision will be final and binding. Both parties waive any right to a jury trial.

16.4 Class Action Waiver

You agree that any dispute resolution will be conducted on an individual basis and not as a class action, consolidated action, or representative proceeding.

MarketingMogul respects intellectual property rights and expects users to do the same. If you believe that content on the Service infringes your copyright, you may send a DMCA takedown notice to our designated copyright agent at legal@marketingmogul.app.

Your notice must include:

• A physical or electronic signature of the copyright owner or authorized agent
• Identification of the copyrighted work claimed to have been infringed
• Identification of the infringing material and its location on the Service
• Your contact information
• A statement of good faith belief that the use is not authorized
• A statement under penalty of perjury that the information is accurate

We may terminate the accounts of users who are found to be repeat infringers.

We may revise these Terms at any time. When we make material changes, we will:

• Update the "Last updated" date at the top of this page
• Notify you by email or through the Service at least 30 days before the changes take effect
• Provide a summary of key changes

Your continued use of the Service after the effective date of revised Terms constitutes your acceptance of those changes. If you do not agree to the revised Terms, you must stop using the Service and may terminate your account.

We retain all prior versions of these Terms and will provide them upon request.