MY MARKETING PRO TERMS AND CONDITIONS
Last updated: October 27, 2025
Welcome to My Marketing Pro. My Marketing Pro Inc. (“My Marketing Pro,” “we,” “our,” or “us”) makes our website, platform, subscriptions, products, and services (collectively, the “Services”) available for your use subject to the terms and conditions in these Terms and Conditions (the “Terms”). By signing an Insertion Order (“IO”), submitting payment, or using any of our Services, you agree to these Terms. These Terms shall be binding upon execution of an IO or payment for any Service, regardless of whether a separate signature page or online acceptance is provided. If you do not accept these Terms and/or you do not meet or comply with its provisions, you may not use our Services.
1. SERVICE
1.1. Scope of Services. My Marketing Pro provides integrated marketing and media solutions as set forth in an IO. Such Services may include but are not limited to:
- Marketing strategy and creative consulting
- Media planning, buying, and placement across digital, out-of-home (OOH), streaming, and social channels o Direct marketing services including email, text, social, and retargeting
- Data and analytics solutions
- Technology tools, automation, and AI-assisted marketing platforms
- Production, content creation, and brand development
All Services are customized based on your goals and may be delivered as ongoing subscriptions, retainer-based engagements, or individual campaign activations, in each case as further set forth in an IO.
1.2. Grant of License. On the condition that you comply with all of your obligations under these Terms, and subject to any additional terms which we may present to you regarding certain features or functions of the Services or in any third-party licenses applicable to our Services, we hereby grant to you a limited, revocable, non-exclusive, non-transferable, non-sublicensable right to access and use our Services and any materials, designs, software, strategies, reports, and intellectual property developed by My Marketing Pro during the performance of Services (“Deliverables”) for your internal business and marketing purposes. We reserve all rights not otherwise expressly granted by these Terms. Any third-party software included in our Services is licensed subject to the additional terms of the applicable third-party license.
1.3. Your Responsibilities. Without limiting any of your other responsibilities under these Terms, you agree to:
- Provide accurate, complete, and timely information necessary for us to perform Services.
- Approve creative, campaigns, and Deliverables in a timely manner.
- Obtain and maintain all necessary rights, licenses, or permissions for any Client Content you provide.
- Be responsible for the accuracy and legality of any content, data, or materials you supply.
Failure to meet these obligations may delay project timelines or incur additional costs.
1.4. Suspension of Access. You agree that we may immediately suspend or terminate your access to our Services or any part thereof in the event of: (1) your breach or violation of these Terms, or other incorporated agreements or guidelines; (2) discontinuance or material modification to our Services; (3) unexpected technical or security issues or problems; (4) extended periods of inactivity; or (5) your engagement in fraudulent or illegal activities. You further agree that such measures may be taken in our sole discretion and without liability to you or any third party.
1.5. Restrictions. You may not: (1) license, sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially exploit or make available to any third party any portion of our Services in any way, including any MyMarketing Pro Materials or other data contained therein; (2) copy, modify, adapt, alter, translate, create derivative works, reverse engineer, decompile, disassemble, or otherwise attempt to learn the source code, structure, or ideas upon which our Services is based; (3) use our Services or My Marketing Pro Materials to develop a competing Services or product; (4) use any device, software, or routine intended to damage or otherwise interfere with the proper functioning of our
Services, servers, or networks connected to our Services or take any other action that interferes with any other person’s use of our Services; (5) decrypt, transfer, create Internet links to our Services, or “frame” or “mirror” our Services on any other server or wireless or Internet-based device; (6) use or merge our Services or any component thereof with other software, databases, or services not provided or approved by us; (7) circumvent or attempt to circumvent any electronic protection measures in place to regulate or control access to our Services; (8) use our Services for unlawful purposes; (9) develop, distribute, or sell any software or other functionality capable of launching, being launched from, or otherwise integrated with our Services; (10) use any bot, spider, or other automatic or manual device or process for the purpose of harvesting or compiling information on our Services for any reason; (11) access or attempt to access any other user’s account; (12) use any My Marketing Pro Materials made available through our Services in any manner that misappropriates any trade secret or infringes any copyright, trademark, patent, rights of publicity, or other proprietary right of any party; (13) introduce into our Services any virus, rogue program, Trojan horse, worm or other malicious or intentionally destructive code, software routines, or equipment components designed to permit unauthorized access to or disable, erase, or otherwise harm our Services, or perform any such actions; (14) delete, modify, hack, or attempt to change or alter our Services, My Marketing Pro Materials, or notices on our Services; (15) connect to or access any My Marketing Pro computer system or network other than our Services; or (16) impersonate any other person or entity to use or gain access to our Services.
1.6. Prosecution. We reserve the right to investigate and prosecute violations of any of the above to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms.
2. MATERIALS AND DATA ON OUR SERVICES
2.1. My Marketing Pro Materials. Our Services may include or provide access to information, software, photos, videos, text, graphics, music, sounds, and other material or information provided by us or third parties, and may allow you to access data, documents, works, methods, processes, assessments, surveys, or reports that are provided or used by My Marketing Pro in connection with our Services, or otherwise comprise or relate to our Services (collectively, the “My Marketing Pro Materials”) whether or not protected by intellectual property laws. You are not acquiring any rights in or to the My Marketing Pro Materials other than a non-exclusive right to access and use the My Marketing Pro Materials solely in accordance with these Terms and solely in connection with your personal use of our Services. You understand and agree that My Marketing Pro’s rights in any My Marketing Pro Materials are valid and protected in all forms, media, and technologies existing now or developed in the future. You may not obscure or remove any proprietary rights notices contained in or on the My Marketing Pro Materials.
2.2. Client Content License. The Services may require you to provide us certain content or information (collectively, “Client Content”). By submitting Client Content to our Services, you grant My Marketing Pro a transferable, nonexclusive, worldwide, perpetual, irrevocable, royalty-free right and license to use, reproduce, modify, edit, adapt, publish, translate, display, distribute, sublicense through multiple tiers, dispose of, assign, create derivative works of, and compilations incorporating Client Content for the purposes of: (i) providing our Services, and (ii) carrying out other lawful business purposes, including but not limited to the creation of aggregated and de-identified data derived from Client Content. You are solely responsible for obtaining any third party rights required for Client Content to be provided to or used by us for the Services.
2.3. Client Content Restrictions. You may not upload, post, or transmit any Client Content that: (1) would violate or infringe the proprietary, privacy, publicity, or intellectual property rights of My Marketing Pro or any third party; (2) is obscene, defamatory, threatening, harassing, abusive, libelous, hateful, or harmful to any other person or entity; (3) violates any applicable law, statute, ordinance, or regulation; (4) puts in jeopardy the security of your account, My Marketing Pro or our Services; or (5) promotes or displays any of the following content: (a) pornography; (b) violence; (c) racial intolerance or advocacy against any individual, group, or organization; (d) profanity; or (e) illicit drugs and drug paraphernalia. We reserve the right, but have no obligation, to pre-screen, review, flag, filter, modify, refuse, and remove any and all Client Content from the Services. You understand and expressly acknowledge that by using our Services you may be exposed to content that you find offensive, indecent, or objectionable and that we will not be liable to you or any other person or entity for your consumption of any content on our Services.
2.4. Feedback. We welcome your comments, feedback, information, or materials regarding our Services or any of our other products or services (collectively, “Feedback”). Your Feedback will become our property upon your submission to us. By submitting your Feedback to us, you agree to assign, and hereby irrevocably assign to us, all right, title, and interest in and to the Feedback and all copyrights and other intellectual property rights embodied in such Feedback on a worldwide basis. We will be free to use, copy, distribute, publish and modify your Feedback on an unrestricted basis, without compensation to you. Moreover, you hereby assign or waive, as the case may be, any moral rights that you may have in or to the Feedback.
2.5. Third Party Providers. We may engage third parties to deliver certain components of the Services (collectively, “Third Party Providers”). Because we have no control over Third Party Providers, you acknowledge and agree that we are not responsible for delays, errors, or failures caused by any such Third Party Provier.
2.6. Ownership of Intellectual Property. My Marketing Pro or its licensors exclusively own all right, title and interest in and to our Services, the Deliverables, the My Marketing Pro Materials, and Feedback, including but not limited to, all ideas, inventions, inferences, discoveries, source and object software code, developments, derivative works, enhancements, upgrades, fixes and patches, formats and processes, and all images, trademarks, Services marks, logos and icons displayed or related therein or thereto (collectively, “My Marketing Pro IP”). Except as expressly provided herein, you have no right, license, or authorization with respect to any of the My Marketing Pro IP. You shall not assert any claims to the contrary or otherwise do anything inconsistent with the allocation of ownership herein, including, but not limited to, challenging the validity of the authorizations or any intellectual property rights granted herein. In the event you are ever deemed to be the owner of any of the My Marketing Pro IP, you shall immediately take all necessary steps to evidence, transfer, perfect, vest, or confirm My Marketing Pro’s right, title and interest in the My Marketing Pro IP. My Marketing Pro is not transferring or granting to you any right, title, or interest in or to (or granting you any license or other permissions in or to) any My Marketing Pro IP. The sole exception of the foregoing reservation of rights are the limited rights granted to you to use our Services, and which shall automatically terminate upon expiration or termination of these Terms. Any unauthorized use of any My Marketing Pro IP, whether owned by us or other parties, may violate copyright laws, trademark laws, privacy and publicity laws and communications regulations and statutes. Trademarks owned by third parties are the property of those respective third parties. You retain all right, title, and interest in and to your Client Content.
3. ACCOUNTS
3.1. Registration. Access to our Services may require you to be registered with us via a My Marketing Pro-generated registration process. This form will require you to provide certain requested information (which may include personal information) that may also constitute Client Content hereunder. At such time, you will be provided with an account and login information, including a username and password to successfully complete the registration process. You are the only person authorized to access and use your account. For more information about our collection of personal data about you in connection with account registration on our Services, please review our Privacy Policy here: https://www.mymarketingpro.com/privacy-policy/.
1.1. Unauthorized Use and Information Changes. You are responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities that occur under your username and password. You also agree that you will provide truthful and accurate information during the registration process. We may refuse to grant you a particular username for any reason, including, without limitation, if we have reason to believe that such username impersonates someone else, is protected by trademark or other proprietary rights, or is vulgar or otherwise offensive.
1.2. Storing Credentials. Our Services may allow you to store your login credentials in your web browser or in our mobile app or on your Mobile Device so that you can be automatically logged in each time you access our Services. If someone else has access to your computer, web browser or mobile device, the automatic login feature will allow that person to have access to your account. You are responsible for any damages to My Marketing Pro or our Services resulting from unauthorized access to our Services from your account and we will have no liability to you or any third party for damages or loss related to such unauthorized access or use.
1.3. Mobile Use. Your contract with your mobile network provider (“Mobile Provider”) will continue to apply when accessing or using our Services on your mobile device (“Mobile Device”). You understand that your Mobile Provider may charge you fees for your use of its network connection services while accessing or using our Services, for data downloading, e-mail, text messages, for roaming, and other Mobile Provider or third-party charges. YOU ACCEPT RESPONSIBILITY FOR ALL MOBILE PROVIDER FEES.
2. REPRESENTATIONS
2.1. Representations. You hereby represent and warrant that: (1) you (a) are at least the age of 18; and (b) have the power and authority to enter into and perform your obligations under this Agreement; (2) all information provided by you to us is truthful, accurate and complete; (3) you will comply with the terms and conditions of this Agreement and any other agreement to which you are subject that is related to your use of our Services and the Deliverables, your Feedback, or any part thereof; (4) if applicable, you have provided and will maintain accurate and complete information with us, including, without limitation, your legal name, email address, and any other information we may reasonably require; (5) your access to and use of our Services or any part thereof will not constitute a breach or violation of any other agreement, contract, terms of use or any law or regulation to which you are subject; (6) you will immediately notify us in the event that you learn or suspect that the contact information you provided to us has been disclosed or otherwise made known to any other person; (7) you will not use our Services in order to gain competitive intelligence about us, our Services, or any product or service offered via our Services or to otherwise compete with us; (8) your Client Content does not violate the rights of any third party, including, without limitation, the intellectual property, privacy or publicity rights of any third party, and constitutes an original work of authorship by you, and (9) (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
2.2. Feedback Representations. In the event you provide any Feedback via our Services, you hereby make the following additional representations and warranties to us: (1) you are owner of such Feedback or otherwise have the right to grant us the licenses or assignments granted pursuant to this Agreement; (2) you have secured any and all consents necessary to provide the Feedback and to grant the foregoing licenses or assignments; (3) the Feedback does not violate the rights of any third party, including, without limitation, the intellectual property, privacy or publicity rights of any third party, and such Feedback does not contain any personally identifiable information about third parties in violation of such parties’ rights; (4) the use of any Feedback will not result in harm or personal injury to any third party; and (5) all factual information contained in the Feedback is true and accurate.
3. PAYMENT
3.1. IOs. All IOs placed by you are subject to our acceptance. All IOs shall, at a minimum, identify the Services purchased, Deliverables, fees, and taxes. We reserve the right to cancel or refuse any IO for any reason at any time, including after an IO has been submitted, whether or not the IO has been accepted by us. The price of the Services are those prices specified in the IO.
3.2. Subscriptions. Certain Services are offered via subscription. Subscriptions automatically renew unless canceled at least 14 calendar days before the renewal date. Renewal indicates acceptance of the most recent version of these Terms.
3.3. Payment. To place an IO, you will be required to provide information regarding your credit card or other payment instrument (“Payment Method”). Unless otherwise set forth in an IO, all fees are due upon receipt. We will not commence services until an executed IO and/or payment, as applicable are received. You represent and warrant that such information is true and that you are authorized to use the Payment Method. You hereby authorize us through our third-party payment processor to bill your Payment Method. If any bank or other financial institution refuses to honor any payment of yours, we may charge you a fee up to the maximum amount permitted under applicable law. By providing a Payment Method, you may authorize us to keep such Payment Method on file and charge you the fees, charges, or other amounts related to your IO. If you want to use a different Payment Method than the one you signed up to use during registration, or if there is a change in your credit card validity or expiration date, you may edit your Payment Method information by logging in to your account and viewing your account details. If your Payment Method expires and you do not edit your Payment Method information or cancel your account, you authorize us to charge you for any Services purchased, and you will remain responsible for any uncollected amounts. Please visit your account page if you would like to receive more detailed account history or billing information, if you believe there are any billing errors, or if you have any other questions related to your account history or bill. Unless otherwise provided by law, you must still pay any disputed charges until the dispute is resolved.
3.4. No Refunds. All sales are final. No monetary refunds will be issued under any circumstances. In the event of campaign cancellation, service interruption, or other disputes, credits may be issued at our sole discretion for use toward future Services. If media placements, ad inventory, or third-party costs have been incurred on behalf of you, those costs remain payable in full.
3.5. Taxes. As applicable, you are responsible for, and agree to pay, all taxes, fees, and surcharges set by any governmental agency or taxing authority. You agree to indemnify and hold us harmless for any liability for tax in connection with the purchase of Services.
4. DISCLAIMERS OF WARRANTY
4.1. We will perform the Services outlined in the applicable IO in a commercially reasonable manner. You acknowledge and agree that marketing and advertising results cannot be guaranteed. Performance metrics such as impressions, clicks, or conversions are estimates and may vary by channel, audience, and market conditions.
4.2. SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR SERVICES IS PROVIDED “AS IS” AND “AS AVAILABLE,” AND AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT OUR AND DELIVERABLES WILL MEET YOUR REQUIREMENTS, THAT THE RESULTS OBTAINED FROM THE USE OF THE FOREGOING OR ANY INFORMATION OR CONTENT FOUND ON OUR SERVICES WILL BE ACCURATE OR RELIABLE, THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF OUR SERVICES WILL BE CORRECTED, THAT OUR SERVICES AND ANY CONTENT OR INFORMATION FOUND ON OUR SERVICES WILL BE VIRUS-FREE, OR THAT THE QUALITY OF ANY INFORMATION, CONTENT, OR OTHER MATERIALS OBTAINED THROUGH OUR SERVICES WILL MEET YOUR EXPECTATIONS. MY MARKETING PRO WILL HAVE NO LIABILITY REGARDING ANY LOSS OF DATA.
5. INDEMNITY; LIMITATION OF LIABILITY
5.1. Indemnity. You agree to defend, indemnify, and hold harmless My Marketing Pro, our affiliates, and our respective officers, members, managers, employees, service providers, licensors and agents (collectively, “Released Parties”) from and against any and all third-party claims, liabilities, damages, losses, demands, or expenses, including reasonable attorneys’ fees and costs and expenses, arising out of or in any way connected with (1) your use of the Services or Deliverables; (2) your violation of these Terms; (3) any Client Content you provide; (d) your violation of any law or the rights of any third party; or (e) your negligence or willful misconduct.
5.2. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL RELEASED PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY WITH RESPECT TO ITS OBLIGATIONS UNDER THESE TERMS OR OTHERWISE FOR LOST PROFITS, LOSS OF DATA, WORK STOPPAGE, PERSONAL INJURY, DEATH, OR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INDIRECT, INCIDENTAL OR PUNITIVE DAMAGES, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH OUR SERVICES, OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING OUR SERVICES. IN ANY EVENT, THE TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THESE TERMS SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE SPECIFIC SERVICES GIVING RISE TO THE CLAIM.
6. DISPUTE RESOLUTION AND GOVERNING LAW, JURISDICTION AND COSTS
6.1. Governing Law. These Terms shall be governed by and construed under the laws of the State of New York, without regard to conflicts of law principles. Subject to Section 9.5, any dispute arising out of or relating to these Terms shall be resolved through binding arbitration in New York County, New York, under the rules of the American Arbitration Association. Judgment on the award may be entered in any court of competent jurisdiction. You irrevocably submit and consent to the personal jurisdiction of such courts.
7. MISCELLANEOUS
9.1. Confidentiality. Each party (as “Receiving Party”) hereto acknowledges that the Confidential Information of the disclosing party (“Disclosing Party”) constitutes valuable confidential and proprietary information. Each party will (i) hold the Confidential Information of the other party in confidence, (ii) not disclose to any other person or use such Confidential Information or any part thereof, except in connection with the limited purpose of performing its obligations pursuant to the terms of this Agreement and except if compelled to do so under applicable law and has delivered a written notice to that effect to the Disclosing Party and taken all reasonable steps to avoid the disclosure of such Confidential Information, and (iii) use at least the same degree of care with respect to the other party’s Confidential Information as it uses to avoid the unauthorized use, disclosure or dissemination of its own Confidential Information of a similar nature, but not less than reasonable care. Each party will disclose the other Party’s Confidential Information, to the extent such disclosure is permitted under the terms of this Agreement, to its employees and agents on a “need to know” basis; provided in each case that such employees and agents are bound by confidentiality obligations similar to those in this Agreement. “Confidential Information” means any proprietary information, trade secret and other information, which is disclosed by a party to the other party, whether tangible or intangible, including, but not limited to, information relating to the Services, that is identified as confidential at the time of disclosure or should be reasonably known by the Receiving Party to be Confidential Information due to the nature of the information disclosed and the circumstances surrounding the disclosure. Confidential Information does not include information which (a) is or becomes publicly known through no act or omission of the Receiving Party; (b) was in the Receiving Party’s lawful possession prior to the disclosure; (c) is rightfully disclosed to the Receiving Party by a third party without restriction on disclosure; or (d) is independently developed by the Receiving Party, which independent development can be shown by written evidence.
9.2. Term. These Terms are effective upon your acceptance and will continue in full force until the expiration of all active Ios or otherwise terminated as set forth herein. We may terminate these Terms and terminate or suspend provision of Servies if (1) you fail to pay any amounts due; (2) you violate these Terms; (3) you engage in conduct that damages My Marketing Pro’s business or reputation; (4) you are subject to bankruptcy or insolvency proceedings. Termination or cancellation of these Terms will not affect any right or relief to which we may be entitled at law or in equity. Further, you agree that we will not be liable to you or any third-party for any termination or suspension of your access to our Services or any part thereof.
9.3. Independent Contractors. You understand and expressly agree that you and My Marketing Pro are independent contractors and not agents or employees of the other party. Neither you nor My Marketing Pro has any right, power, or authority to act or create any obligation, express or implied, on behalf of the other party.
9.4. Consent to Do Business Electronically. We use and rely upon electronic records and electronic signatures for the execution and delivery of these Terms and any other agreements, undertakings, notices, disclosures or other documents, communications or information of any type sent or received in accordance with these Terms and in performing our obligations and exercising our rights under these Terms. Neither you nor My Marketing Pro will prevent or inhibit in any way the other party from printing, saving, or otherwise storing electronic records sent or otherwise made available to the other party. You agree not to contest the authorization for, or validity or enforceability of, electronic records and electronic signatures, or the admissibility of copies thereof, under any applicable law relating to whether certain agreements, files, or electronic records are to be in writing or signed by you to be bound thereby. You will bear your own costs and expenses in conducting business electronically, and will undertake all steps necessary, including software, hardware, and other equipment upgrades and purchases, in order to be able to conduct business electronically.
9.5. Equitable Relief. You agree that breach of the provisions of these Terms would cause irreparable harm and significant injury to us which would be both difficult to ascertain and which would not be compensable by damages alone. As such, you agree that we have the right to enforce the provisions of these Terms by injunction (without necessity of posting bond), specific performance, or other equitable relief without prejudice to any other rights and remedies we may have for your breach of these Terms.
9.6. Entire Agreement. These Terms and any hyperlinked terms constitute the entire agreement between you and My Marketing Pro with respect to the subject matter hereof and supersede all prior agreements, both oral and written, with respect to the subject matter hereof. We may revise and update these Terms from time to time by posting an updated version to https://www.mymarketingpro.com/terms-and-conditions/. UNLESS OTHERWISE STATED IN THE AMENDED VERSION OF THESE TERMS, ANY CHANGES TO THESE TERMS WILL APPLY IMMEDIATELY UPON POSTING. Your continued use of our Services will constitute your agreement to any new provisions within the revised Terms.
9.7. Waiver; Severability. Our failure to enforce any provision of these Terms will not be deemed to be a waiver of our right to enforce them. If any term or provision of these Terms will be held to be invalid, illegal, or unenforceable, the remaining terms and provisions of these Terms will remain in full force and effect, and such invalid, illegal, or unenforceable term or provision will be deemed not to be part of these Terms.
9.8. Assignment. You may not assign, transfer, or sell (voluntarily or by operation of law) your rights or obligations under these Terms, nor delegate your duties hereunder to any other person, without our prior written consent. Any purported assignment without our consent will be void and will constitute a breach of these Terms. We may assign these Terms or delegate or subcontract our obligations under these Terms at any time.
9.9. Survival. The provisions of these Terms that by their content are intended to survive the expiration or termination of these Terms, including, without limitation, provisions governing ownership and use of intellectual property, representations, disclaimers, warranties, liability, indemnification, governing law, jurisdiction, venue, remedies, rights after termination, and interpretation of these Terms, will survive the expiration or termination of these Terms for their full statutory period.
9.10. Contact Us. Submit your question through My Marketing Pro
Website: https://mymarketingpro.com
Email: support@mymarketingpro.com
Phone: (833) 415-3562