gavelLegal Document

Terms of Service

Last updated: March 30, 2025

These Terms of Service ("Terms") govern your access to and use of the Mercardoplatform ("the Service"). By creating an account or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

1. Description of the Service

Mercardo is an AI-powered marketing automation platform that enables authorized users to:

Generate marketing images, videos, and reels using AI language models (Google Gemini).
Define brand identity ("Business DNA") to guide consistent AI-generated content.
Review, approve, and publish content to connected social media platforms, including YouTube and Instagram.
View analytics and performance metrics for generated campaigns.

The Service is currently provided for internal and authorized business use only. Access is restricted to approved users via invitation or administrator approval.

2. Eligibility and Account Registration

You must be at least 13 years of age to use the Service (or 16 in certain jurisdictions).
You must provide accurate, complete account information during registration and keep it up to date.
You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.
You may sign in using Google OAuth or an email/password combination. You are responsible for the security of your chosen authentication method.
We reserve the right to suspend or terminate accounts that are used in violation of these Terms.

3. Acceptable Use

You agree to use the Service only for lawful purposes and in ways that do not:

Violate any applicable local, national, or international law or regulation.
Generate or distribute content that is defamatory, obscene, fraudulent, harassing, or otherwise harmful.
Infringe or misappropriate any intellectual property rights of others, including trademarks, copyrights, or trade secrets.
Publish content to third-party platforms (e.g., YouTube, Instagram) that violates those platforms' respective terms of service and community guidelines.
Attempt to reverse-engineer, decompile, scrape, or otherwise access the Service's internal systems without authorization.
Use automated tools to access the Service in ways not intended by Mercardo.

4. AI-Generated Content

4.1 How AI Generation Works

When you submit a campaign prompt and Business DNA data, that information is sent to Google Gemini AI to generate marketing assets. The quality and accuracy of generated content depends on the inputs you provide.

4.2 Ownership of Generated Content

Subject to these Terms, you own the content you generate through the Service. You are solely responsible for reviewing all AI-generated content prior to publishing. The Service includes a manual review and approval step for this purpose.

4.3 Your Responsibility

You acknowledge that AI-generated content may occasionally contain inaccuracies, unintended implications, or third-party intellectual property references. You are solely responsible for reviewing, editing, and approving content before it is published to any external platform. Mercardo is not liable for any damages arising from published content you have approved.

5. Third-Party Platform Integrations

The Service integrates with YouTube (Google) and Instagram (Meta) to distribute your content. By connecting these accounts, you authorize Mercardo to act on your behalf to upload and publish content you explicitly approve.

Your use of YouTube and Instagram through the Service is also subject to their respective Terms of Service and Community Guidelines.
YouTube Terms of Service: youtube.com/t/terms
Instagram Terms of Use: help.instagram.com
Google API Services: Your use of Google services through the platform is subject to the Google Terms of Service.

You can revoke Mercardo's access to your connected accounts at any time through the respective platform's security settings. Revocation does not automatically delete content already published to those platforms.

6. Intellectual Property

6.1 Our Platform

Mercardo, its logo, design system, source code, and all proprietary technology are owned by Mercardo and protected by intellectual property law. Nothing in these Terms transfers ownership of our platform to you.

6.2 Your Brand Data

You retain all rights to the brand assets, logos, and information you upload to the Service (e.g., Business DNA data). By uploading this data, you grant Mercardo a limited, non-exclusive license to process and use this data solely to provide the Service to you.

7. Privacy

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference.

8. Disclaimers and Limitation of Liability

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MERCARDO SHALL NOT BE LIABLE FOR:

Indirect, incidental, special, consequential, or punitive damages resulting from your use of the Service.
Losses arising from content published to third-party social media platforms.
Interruptions, errors, or failures in AI-generated content quality.
Any actions taken by YouTube, Instagram, or other platforms in response to content published through the Service.

9. Termination

We may suspend or terminate your access to the Service at our discretion, with or without notice, if you violate these Terms or if we discontinue the Service. You may also request account deletion at any time by contacting us at mail@mercardo.in.

Upon termination, our license to process your data ends and we will delete or anonymize your account data in accordance with our Privacy Policy.

10. Changes to These Terms

We reserve the right to modify these Terms at any time. If we make material changes, we will notify you via email or a prominent notice within the Service at least 14 days before the changes take effect. Your continued use of the Service after the effective date constitutes acceptance of the revised Terms.

11. Governing Law

These Terms shall be governed by and construed in accordance with applicable law. Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the applicable courts.

12. Contact Us

If you have questions about these Terms, please contact us:

Mercardo

Email: mail@mercardo.in