Terms and Conditions of Use

Last Updated: August 28, 2026

Welcome to MKTGuild (hereinafter, the “Service” or the “Platform”). These Terms and Conditions of Use (hereinafter, the “Terms”) constitute a binding legal agreement between you (hereinafter, the “User”) and MKTGuild (hereinafter, “We” or the “Company”). By registering, accessing, or using our platform, you declare that you have read, understood, and agreed to be bound by these Terms. If you do not agree with any part of these Terms, you must immediately refrain from using the Service.

1. Description of the Service and Evolution of the Application

MKTGuild operates under a Software as a Service (SaaS) model specialized in the design, layout, and generation of digital marketing pieces. The Platform provides visual tools to structure interactive content based on customizable components via parameters (hereinafter, the “Blocks”).

• Progressive Availability: The User acknowledges that the Service is in constant evolution. In its initial phase, the Platform will be limited exclusively to the email marketing design channel. The Company reserves the right to implement, modify, or remove other marketing channels (such as social networks, landing pages, or banners) in the future, progressively and at its sole discretion.
• Launch Model and Free Plan: At launch, the Service will be offered exclusively under a “Free Plan” modality. This plan has qualitative and quantitative restrictions (including, but not limited to, file storage limits on servers, maximum storage quotas in megabytes, and maximum number of marketing pieces created). We reserve the right to modify these limits and features at any time to safeguard infrastructure stability, without prior notice.

2. User Registration, Accounts, and Eligibility

• Registration Requirements: To use the Service, the User must create an account providing only their full name and a valid email address, which must be accurate and kept up to date. The User is solely responsible for safeguarding their access credentials.
• Assignment of Personnel and Teams (Future Features): Certain advanced Platform features allow the User to assign roles, personnel, or collaborate on team projects. The User assumes full responsibility for the actions taken by individuals to whom they grant access in their projects within the application.
• System Notifications: Certain actions within the application (such as project assignments, personnel removal, or piece deletion) will trigger automatic informative emails to the involved users. The User accepts the receipt of these strictly operational communications.

3. Intellectual Property, Licenses, and Rights to “Blocks”

• User Content: The User retains all intellectual property and ownership rights over the texts, images, documents, and commercial assets they upload to the Platform.
• Operating License: By uploading content or creating customizable “Blocks” within the Platform, the User grants MKTGuild a worldwide, non-exclusive, free, sublicensable, and transferable license solely to store, host, process, index, and display these elements for the technical purpose of providing, maintaining, and optimizing the contracted Service.
• Blocks Created by Users: In the case of components or structural Blocks custom-created by the User that are shared within the public or community sections of the application to interact with collaborative projects in Team plans, the User grants other authorized platform users the non-exclusive right to use and replicate these designs within the MKTGuild ecosystem.
• Responsibility for Code and Script Injection (Indemnification Clause): Since the Platform allows the creation of Blocks by writing custom code by Users, MKTGuild is not responsible under any circumstances for the presence of malicious code, harmful scripts (e.g., Cross-Site Scripting or malicious onload objects), spyware, or elements that compromise the security of external systems. Although the Platform implements automated security filters and code analysis to detect suspicious patterns and preventively block risky components for review by auditors or administrators of the user’s own organization, the User acknowledges and accepts that these automated tools are not infallible. The use, replication, or integration of any community or third-party created Block is done at the User’s own risk and responsibility. The User agrees to hold MKTGuild harmless from any claim, loss, or damage resulting from the execution of defective or malicious code programmed by platform members.

4. Acceptable Use Policy, Third-Party Content, and Takedown

• Use Restrictions: It is strictly prohibited to use MKTGuild to design, store, or disseminate material that is illegal, fraudulent, defamatory, obscene, or intended for phishing activities, financial scams, or generating templates for unsolicited mass communications (SPAM).
• Copyright Guarantee: The User expressly guarantees that they possess all necessary licenses, intellectual property rights, or authorizations over the images, logos, fonts, or documents they upload to the Platform.
• Takedown Procedure (DMCA / Notice of Infringement): MKTGuild respects the intellectual property of others. If you are a copyright owner and believe that any file hosted on our servers (e.g., through our display links) infringes your rights, you can send a formal notification to our support email. Upon receiving a legitimate and verifiable request, we will expeditiously remove or disable access to the infringing material. We reserve the right to permanently terminate the account of any User who repeatedly infringes copyrights.

5. Image Hosting, External Integration, and Limitation of Liability

• File Hosting Availability (Uptime): The Platform remotely hosts images and multimedia resources uploaded by the User to generate public fixed URLs that allow the proper rendering of marketing pieces on external sending platforms (e.g., CRM, Salesforce, or other email gateways). While we employ world-class infrastructure providers (such as Cloudflare) to mitigate cyber attacks and optimize performance, the Service is provided “as is” and “as available”. We do not guarantee that image links will be permanent, uninterrupted, or error-free. MKTGuild will under no circumstances be liable for data loss, third-party server crashes, or display failures in emails sent through third parties.
• Commercial Liability Exclusion: MKTGuild is solely a provider of design tools. We do not control, manage, or assume any liability for deliverability rates, bounces, inbox blocks, or the commercial or legal consequences derived from emails the User sends externally using the designs generated on the Platform.

6. Transition of Paid Plans and External Billing Providers

• Future Subscriptions: The Company reserves the right to implement Premium subscription plans or pay-as-you-go plans in the future.
• Third-Party Processing: All financial and billing transactions will be fully managed through qualified external payment processors and authorized tax collection providers (such as entities under the Merchant of Record model). The User acknowledges and agrees that payment processing will additionally be governed by the terms of use and privacy policies of said third-party biller, exempting MKTGuild from any technical failure or dispute derived from the banking transaction.

7. Dispute Resolution, Applicable Law, and Binding Arbitration

• Mandatory Informal Resolution: Before initiating any formal legal action, the User and the Company agree to attempt to resolve any dispute in good faith through an informal negotiation process by contacting our support email for a minimum period of thirty (30) days.
• Binding Arbitration Clause: In the event of not reaching an informal agreement, any controversy, dispute, or claim arising from these Terms or the use of the Service shall be definitively resolved by private and binding arbitration, administered by a single mutually agreed arbitrator, in accordance with the applicable international commercial arbitration rules in the Company’s jurisdiction. The User and the Company expressly waive their right to litigate controversies in ordinary courts or through jury trials.
• Applicable Law: These Terms shall be governed by and construed in accordance with the laws of the country of incorporation or legal residence of the owner of MKTGuild, excluding its conflict of law provisions.

8. Modifications to the Terms

We reserve the right to modify or update these Terms at any time to adapt them to technical, commercial, or legal changes of the Platform. Modifications will be effective immediately upon publication in this section. The continued use of the Platform by the User after the publication of changes will constitute binding acceptance of the new Terms.

Contact

For any inquiries, technical support, copyright claims, or clarification regarding these Terms, please contact us at:

📧 support@mktguild.com