1. Acceptance of Terms
By accessing or using our Services, you agree to be bound by these Terms. If you do not agree, do not use the Services. We may revise these Terms from time to time. The “Effective Date” at the top reflects the latest version. Continued use signifies your acceptance of any updates.2. Description of Services
MigmaAI enables users to create professional, personalized emails using AI technology. The platform integrates third-party models from:- Google Gemini
- OpenAI’s ChatGPT
- Anthropic’s Claude.ai
3. Eligibility & Account Creation
You must be at least 18 years old to use our Services. By registering, you agree to:- Provide accurate and complete information
- Maintain the confidentiality of your login credentials
- Notify us of unauthorized access
- Accept full responsibility for activity under your account
4. Google Sign-In and Third-Party Integration
If you use Google Sign-In, you authorize us to access basic profile information (e.g., name, email, profile picture) in accordance with: We do not use this data for advertising or sell it to third parties. We also use:- Google Gemini (Terms, Privacy)
- OpenAI (ChatGPT) (Terms, Privacy)
- Anthropic Claude (Terms, Privacy)
- Google Analytics (Terms, Privacy)
- Microsoft Clarity (Terms, Privacy)
- Pexels — stock photo search in the email editor (Terms, License, Privacy)
- GIPHY — GIF search in the email editor (Terms, Privacy)
5. Data Storage and Regulatory Compliance
All user data is stored securely in the United States. MigmaAI complies with:- GDPR (General Data Protection Regulation) for users in the EEA, UK, and Switzerland
- US state-level privacy laws, including CCPA (California), CPA (Colorado), CTDPA (Connecticut), and others
- Obtain explicit consent before collecting or processing personal data
- Allow users to withdraw consent or delete their accounts via profile settings
- Provide cookie banners and customizable privacy preferences to meet legal requirements
- Allow ad-serving configurations only after appropriate consent in the EU/UK/CH
6. User Content
You retain ownership of content you upload but grant us a non-exclusive, royalty-free, global license to use it for service delivery and improvement. You may not:- Violate any laws or third-party rights
- Harass, impersonate, or deceive others
- Upload viruses or malicious scripts
- Use automated tools without authorization, exceed granted permissions, bypass security or usage controls, or scrape non-public data
Stock Photos and GIFs
The email editor lets you search and insert media from third-party libraries. MigmaAI does not own this media and grants you no rights in it; each item is licensed by its provider, and you are responsible for your use of anything you insert. Photos (Pexels). Photos are provided under the Pexels License, which permits free use — including commercial use — with no attribution required, and permits editing. The Pexels License does place limits on that use, including that you may not sell unaltered copies, imply that a person or brand shown endorses your product, redistribute the media on another stock platform, use it as part of a trademark or business name, or show identifiable people in an offensive light. Crediting the photographer is optional and always appreciated. GIFs (GIPHY). GIFs are supplied by GIPHY and are largely uploaded by third parties. They frequently contain material owned by others — film and television clips, characters, logos and other brand assets — and the rights attached to any individual GIF vary. GIPHY’s terms permit sharing GIFs through integrations such as ours; they do not grant you a license to use third-party content in advertising or other commercial messaging. Before sending a GIF in a commercial campaign, satisfy yourself that you have the rights you need, or choose media you own or have licensed. Because inserted media is loaded from the provider’s own servers when your email is opened, it may become unavailable if the provider removes it. Media that must remain available indefinitely should be uploaded to your own library instead.7. Intellectual Property
All intellectual property in the Services (excluding User Content) belongs to MigmaAI or its licensors. You may not copy, reproduce, distribute, modify, or reverse engineer any part of our platform without written permission.8. Payment Terms
We may offer paid services. By subscribing, you agree to:- Pay all applicable fees
- Understand that all payments are non-refundable unless stated otherwise
- Accept that pricing may change with advance notice via website or email
9. No Warranty
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” We disclaim all warranties, express or implied, including:- Merchantability
- Fitness for a particular purpose
- Non-infringement
- Accuracy or reliability of third-party AI results
10. Limitation of Liability
To the maximum extent allowed by law, MigmaAI and its affiliates are not liable for:- Indirect, incidental, or consequential damages
- Loss of profits or data
- Any claims exceeding $50 USD
11. Dispute Resolution
11.1 Informal Resolution
Before initiating legal proceedings, please contact us at info@migma.ai for a good-faith resolution.11.2 Binding Arbitration
If unresolved, disputes shall be resolved through binding arbitration (JAMS). You waive your rights to:- Jury trial
- Class actions
12. Copyright & DMCA Policy
Registered Copyright Agent
Migma has a designated copyright agent registered with the U.S. Copyright Office. The designation reference is DMCA-1080305, filed under MigmaAl, Inc. Our designated agent’s contact details are: Copyright AgentMigmaAl, Inc.
131 Continental Dr
Newark, DE 19731, United States
Phone: (351) 222-2440
Email: info@migma.ai
Request Removal of Public Content
If you find an email, design, logo, or other material relating to you or your brand displayed publicly on Migma, you or your authorized representative can request its removal. This includes our email gallery, Remix, public previews, and shared designs. You do not need a Migma account to submit a request. Email info@migma.ai with the subject Public content removal request and include:- Your name, contact email, and relationship to the person, brand, or rights holder concerned.
- The exact Migma URLs of the emails, designs, images, or brand pages you want removed.
- A short explanation of your concern and the action you are requesting.
- Any supporting information that helps us confirm your authority or identify the material.
Copyright Notices and Other Rights Requests
You can request review of public email, brand, or trademark content without submitting a formal DMCA notice. Trademark and other brand concerns are reviewed separately from copyright infringement claims. For a formal copyright infringement notice, use the notice requirements on our Copyright Notice & Takedown page. We respond expeditiously to valid copyright notices, including by removing or disabling access to the identified material where appropriate, and terminate accounts of repeat copyright infringers in appropriate circumstances. Our Copyright Notice & Takedown page also explains how reports are handled and how someone whose content was removed can submit a counter-notice or request review. Report information is handled according to that policy and our Privacy Policy.13. Intellectual Property Protection & Enforcement
Trade Secrets
You acknowledge that MigmaAI’s AI models, system prompts, training data, email compiler, algorithms, and proprietary methodologies constitute valuable trade secrets. Unauthorized access, copying, or disclosure constitutes misappropriation under the Defend Trade Secrets Act (18 U.S.C. § 1836) and applicable state laws.Acknowledgment of Harm
You agree that any breach of Sections 5 or 6 will cause irreparable harm to MigmaAI that cannot be adequately compensated by monetary damages alone.Remedies
In addition to account suspension, MigmaAI reserves the right to:- Seek immediate injunctive relief without posting bond
- Pursue actual damages, statutory damages, and disgorgement of profits
- Recover reasonable attorney’s fees and litigation costs
- Report violations to law enforcement where applicable
Audit Rights
MigmaAI may audit usage logs to investigate suspected violations. Continued use constitutes consent to such audits.Jurisdiction
Any disputes shall be resolved exclusively in state or federal courts located in Delaware. You waive objections to personal jurisdiction and venue.Survival
These IP protection provisions survive termination of your account.14. Termination and Account Deletion
You may delete your account anytime from your profile. We may also suspend or terminate your account for violations of these Terms or the Acceptable Use Policy, subject to applicable law. The Acceptable Use Policy explains how to request review of an enforcement decision. Upon termination, your data will be deleted except as required by law.15. Export Compliance
You may not use the Services in violation of U.S. export laws or in any country embargoed by the U.S. government.16. Third-Party Links
Our platform may contain links to third-party websites. We are not responsible for their content, availability, or practices. Use them at your own discretion.17. Contact Information
For any questions regarding these Terms: MIGMAAI, INC.131 Continental Dr, Suite 305
Newark, Delaware 19713
Email: info@migma.ai