Terms of Service

Effective Date: March 12, 2026 Last Updated: March 12, 2026

Welcome to MarketDragon. These Terms of Service ("Terms") govern your use of the managed marketing services provided by MarketDragon, located at 78 Veloso St. Bo Obrero, Davao City 8000, Philippines.

Please read these Terms carefully before engaging our services. By subscribing to or using MarketDragon's services, you agree to be bound by these Terms.

1. Acceptance of Terms

By creating an account, subscribing to a plan, or otherwise using MarketDragon's services, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, Cookie Policy, Payment Terms, and all other policies referenced herein.

If you are entering into these Terms on behalf of a business or organization, you represent and warrant that you have the authority to bind that entity to these Terms.

We reserve the right to update these Terms at any time. Material changes will be communicated via email or platform notification at least 14 days before taking effect. Your continued use of our services after the effective date constitutes acceptance of the updated Terms.

2. Description of Services

MarketDragon is an AI-powered managed marketing service (not a self-service SaaS platform). We provide comprehensive marketing support including but not limited to:

2.1 Content Creation and Management

• AI-generated marketing content including social media posts, captions, graphics, and ad copy.
• Brand-aligned content calendars and editorial planning.
• Professional graphic design, video production, and multimedia content.
• Blog posts, articles, and long-form content creation.

2.2 Social Media Management

• Social media account setup, optimization, and management.
• Content scheduling and automated publishing across multiple platforms (Facebook, Instagram, TikTok, and others).
• Community management, comment moderation, and audience engagement.
• Social media analytics, reporting, and performance optimization.

2.3 AI-Powered Campaign Management

• AI-driven audience targeting and segmentation.
• Automated lead generation and nurture sequences.
• Chatbot and auto-responder configuration and management.
• Campaign performance analysis and optimization recommendations.

2.4 Additional Services

• Lead management and CRM integration.
• SMS marketing campaigns (subject to separate SMS credit purchases).
• Email marketing setup and management.
• Marketing strategy consultation and planning.

The specific features and services available to you depend on your subscription plan.

3. Account Registration and Responsibilities

3.1 Account Creation

• You must provide accurate, complete, and current information during registration.
• You must be at least 18 years of age to create an account.
• One person or legal entity may not maintain more than one account without prior written approval.
• We reserve the right to refuse registration or cancel accounts at our discretion.

3.2 Account Security

• You are responsible for maintaining the confidentiality of your account credentials, including passwords and API keys.
• You are responsible for all activities that occur under your account, whether authorized by you or not.
• You must immediately notify us at [email protected] if you suspect unauthorized access to your account.
• We are not liable for any loss or damage arising from your failure to protect your account credentials.

3.3 Team Members and Access

• Account owners may invite team members to access their account in accordance with their plan limits.
• Account owners are responsible for the actions of all team members they invite.
• Team member access can be revoked at any time by the account owner.

4. Service Plans and Billing

4.1 Subscription Plans

• MarketDragon offers various subscription plans with different features, service levels, and pricing.
• Plan details, inclusions, and pricing are published on our website and may be updated from time to time.
• Your subscription begins upon successful payment and continues on a monthly recurring basis unless cancelled.

4.2 Billing and Payment

• All payments are processed through Xendit and its associated payment methods (GCash, Maya, bank transfer, credit card).
• Subscriptions are billed monthly in advance on your billing date.
• Detailed billing terms are set forth in our Payment Terms policy.

4.3 Plan Changes

• You may upgrade your plan at any time; the new plan takes effect immediately and is prorated.
• Downgrades take effect at the beginning of the next billing cycle.
• If your usage exceeds your plan limits, you may be required to upgrade or reduce usage.

5. Intellectual Property

5.1 Content Created for Clients

• Marketing content, graphics, videos, and other creative materials produced by MarketDragon specifically for your campaigns ("Client Content") become your property upon full payment.
• You receive a perpetual, non-exclusive license to use Client Content for your business purposes.
• We retain the right to use anonymized or generalized versions of campaign strategies and techniques as part of our general knowledge and service improvement, provided such use does not reveal your confidential business information.

5.2 License Grants

• You to Us: You grant MarketDragon a non-exclusive, worldwide license to use your brand assets (logos, images, guidelines, and other materials you provide) solely for the purpose of delivering the services you have subscribed to.
• Us to You: We grant you a non-exclusive, non-transferable license to use our platform during your active subscription for your legitimate business purposes.

5.3 MarketDragon Intellectual Property

• The MarketDragon platform, including its software, design, AI models, workflows, templates, and proprietary methodologies, remains our exclusive intellectual property.
• You may not copy, modify, reverse engineer, decompile, or create derivative works from our platform or technology.
• Our trademarks, logos, and brand elements may not be used without our prior written consent.

5.4 AI-Generated Content

• AI-generated content is produced using third-party AI models and is provided to you as part of our managed service.
• While we make reasonable efforts to ensure originality, we cannot guarantee that AI-generated content is entirely free of similarities to other existing content.
• You are responsible for reviewing all content before publication and ensuring it meets your standards and complies with applicable laws.

6. Acceptable Use

6.1 You Agree To:

• Use our services only for lawful business and marketing purposes.
• Provide accurate information about your business, products, and services.
• Comply with all applicable laws, regulations, and industry standards, including advertising standards and consumer protection laws in the Philippines.
• Respect the intellectual property rights of third parties.
• Maintain the confidentiality of account credentials and authorized access.

6.2 You Agree Not To:

• Use our services to create or distribute misleading, deceptive, or fraudulent marketing content.
• Engage in spamming, unsolicited messaging, or any form of aggressive or abusive marketing.
• Upload or transmit malware, viruses, or any harmful code through our platform.
• Attempt to access other users' accounts, data, or systems without authorization.
• Use our services to promote illegal products, services, or activities.
• Circumvent or attempt to circumvent usage limits, security measures, or access controls.
• Resell, sublicense, or redistribute our services without prior written consent.
• Use our platform to collect personal data in violation of applicable privacy laws.

6.3 Consequences of Violation

Violations of this acceptable use policy may result in:

• Warning and request to cease the violating activity.
• Temporary suspension of your account.
• Permanent termination of your account without refund.
• Reporting to appropriate law enforcement authorities if required by law.

7. Limitation of Liability

7.1 Service Disclaimers

• MarketDragon's services are provided on an "as is" and "as available" basis.
• We do not guarantee specific marketing results, engagement rates, lead volumes, sales conversions, or revenue outcomes.
• AI-generated content is provided as a tool and may require human review and editing before publication.
• We are not responsible for changes to third-party platform policies, algorithms, or APIs that may affect campaign performance.

7.2 Limitation of Damages

• To the maximum extent permitted by Philippine law, MarketDragon's total liability for any claims arising from or related to these Terms or our services shall not exceed the total amount you paid to us in the 3 months preceding the claim.
• We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits, lost data, business interruption, or reputational harm.
• We shall not be liable for any damages resulting from force majeure events, including but not limited to natural disasters, government actions, internet outages, or third-party service failures.

7.3 Indemnification

You agree to indemnify and hold harmless MarketDragon, its officers, employees, and agents from any claims, damages, losses, or expenses arising from:

• Your use of our services.
• Your violation of these Terms.
• Your violation of any third-party rights.
• Content you provide or authorize for publication.

8. Termination

8.1 Termination by You

• You may cancel your subscription at any time by contacting us at [email protected] or through your account settings.
• Cancellation takes effect at the end of your current billing period. No refunds are provided for partial months.
• Upon cancellation, you will retain access to your account until the end of the paid period.

8.2 Termination by Us

• We may suspend or terminate your account immediately if you violate these Terms.
• We may discontinue or modify our services with 30 days' written notice.
• In cases of fraud, illegal activity, or severe violations, we may terminate your account without notice.

8.3 Effect of Termination

• Upon termination, your right to use our platform and services immediately ceases.
• We will retain your data for 30 days after termination to allow for data export, after which it will be deleted in accordance with our Privacy Policy.
• Provisions that by their nature should survive termination (including intellectual property, limitation of liability, and indemnification) shall remain in effect.

9. Governing Law and Dispute Resolution

9.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Republic of the Philippines, without regard to its conflict of law principles.

9.2 Dispute Resolution

• Informal Resolution: Before filing any formal claim, you agree to contact us at [email protected] to attempt to resolve the dispute informally within 30 days.
• Mediation: If informal resolution fails, the parties agree to submit the dispute to mediation administered by a mutually agreed mediator in Davao City, Philippines.
• Litigation: If mediation is unsuccessful, disputes shall be resolved exclusively in the appropriate courts of Davao City, Philippines.

9.3 Waiver of Class Actions

To the extent permitted by law, you agree to resolve disputes with us on an individual basis and waive the right to participate in class action lawsuits or class-wide arbitration.

10. General Provisions

10.1 Entire Agreement

These Terms, together with our Privacy Policy, Cookie Policy, Payment Terms, Data Processing Agreement, and Security Policy, constitute the entire agreement between you and MarketDragon regarding the use of our services.

10.2 Severability

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

10.3 Waiver

Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or our right to enforce it in the future.

10.4 Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations to an affiliate or in connection with a merger, acquisition, or sale of assets.

10.5 Force Majeure

We shall not be liable for any delay or failure in performance resulting from causes beyond our reasonable control, including natural disasters, war, terrorism, strikes, government actions, internet or power outages, or failures of third-party services.

11. Contact Information

For questions about these Terms of Service, please contact us:

• Email: [email protected]
• Phone: +639989392801
• Address: 78 Veloso St. Bo Obrero, Davao City 8000, Philippines

MarketDragon - Your AI-Powered Marketing Partner.