Terms of Service

1. Eligibility and accounts

You must be at least 18 years old, or the age of majority in your jurisdiction if that is higher, to use the Services. By using the Services, you confirm that you meet this requirement.

You are responsible for providing accurate account information and for keeping your email inbox and any passkeys you add secure, since they are how you sign in. You are also responsible for all activity that occurs under your account. Notify us promptly at support@marktmorgen.com if you believe your account has been compromised.

Several stores and a team. One account may run up to five stores. Each store is a subscription of its own; the free trial applies to an account's first store only. The owner of a store may invite up to five people to its team. Team members sign in with their own email address and act on the owner's behalf, within the role the owner gives them: what they do in the studio is done for the owner, and the owner remains responsible for the store and for what the team does in it under these Terms. Only the owner pays for the store, connects its Stripe account, manages its team and deletes it.

We may suspend or terminate accounts that violate these Terms or that we reasonably believe pose a risk to the Services, other users, or our operations.

2. The Services

The Marktmorgen creator store. A hosted store page where a creator sells digital files, courses, memberships and calls, and can run a community for their buyers and an affiliate program. The buyer pays into the creator's own connected Stripe account, and the file is delivered as soon as the payment clears. Marktmorgen takes 0% of a creator's sales; what we charge a creator is a subscription for the store itself.

Creator stores are open. Taking a store address, building the page and connecting a Stripe account are free. Taking a card on that page requires a paid subscription, which, on an account's first store, begins with a free trial of 14 days, and which renews every month or every year, whichever you chose, at the price shown on the home page until it is canceled. The price and the payment provider are shown before any card is asked for, and these Terms apply to that subscription. We email you at least seven days before the first charge after the trial, and, on a yearly subscription, between 15 and 45 days before each renewal, with the date, the amount and how to cancel.

We may update, improve, or discontinue features. When practical, we will provide reasonable notice of material changes. Except for a creator store used as described in section 3, the Services are provided for your personal or internal business use. You may not resell, sublicense, or offer the Services to third parties as your own product without our prior written permission.

3. Selling through a Marktmorgen store

This section applies if you use Marktmorgen to sell to your own buyers.

You are the seller. Each sale made through your store is a contract between you and your buyer. Marktmorgen is not a party to it, is not the merchant of record for it, and does not sell your products to anyone.

The money is never ours. Payments are made into your own Stripe account through Stripe direct charges. We never hold, route, or take a cut of your sales revenue. Payouts follow the schedule and settings of your own Stripe account, and your relationship with Stripe is governed by your agreement with Stripe, not by these Terms.

What you are responsible for. The product you sell and its description and price; having the rights to everything you upload and sell; answering your own buyers; refunds, disputes, and chargebacks on your own sales; and any tax you owe on your sales, including sales tax, VAT, or GST where it applies to you. If you run an affiliate program, paying your affiliates what you agreed is yours too: we keep the record, and we never hold or pay out that money. If you run a community, what is posted in it is yours to moderate, and the rules in section 4 apply to it.

Reviews. Reviews on your store come only from buyers whose payment your Stripe account confirms. You may answer a review and hide one. You may not offer anything in return for a review, or present as a review anything a buyer did not write. A hidden review still counts in your average, and your page says how many are hidden.

Services you choose to connect. If you connect an email platform (Mailchimp, Kit, beehiiv or MailerLite), your Google Calendar or, once it is offered, your Zoom account, or choose Jitsi Meet rooms or your own meeting link for your calls and live events, that is your choice. Those services are run by third parties under their own terms and privacy policies, your account with them is yours, and we are not responsible for what they do or for their availability. Send to an email platform only people who agreed to hear from you; the Services send only those who did. A meeting made on your Google or Zoom account is yours: it stays there if you disconnect, and what that service does with it is between you and them.

Bringing a store from another platform. When you import contacts, you confirm, and are responsible for it being true, that every person in the file agreed to receive your emails, and that you may lawfully give us their details. When you import past buyers, you confirm that each person bought what the file says from you, that you have the right to give it to them here, and, if you ask us to email them, that you may tell them so. We check the file's format, not the truth of it, and we may switch off imports or email for a store that misuses them.

What you may not sell. Anything unlawful; anything that infringes someone else's rights; sexual content; anything that misleads your buyer about what they are paying for; and anything that falls under the list of restricted businesses published by Stripe, since your payments run through Stripe.

We may remove a product or suspend a store that breaks this section. Doing so does not affect the money already in your own Stripe account.

4. Acceptable use

You agree not to:

• use the Services for unlawful, harmful, fraudulent, or abusive purposes;
• attempt to reverse engineer, disrupt, overload, or interfere with the Services;
• submit content that infringes another person’s rights or that contains malware;
• circumvent usage limits, payment requirements, or security measures; or
• upload or sell anything you do not have the right to distribute.

If you email your list through the Services, you also agree to write only to people who agreed to hear from you; never to import an address that was bought, rented, borrowed or collected without that agreement; to give a true postal address where you can be reached, which we print at the foot of each email; to write subject lines that are not misleading; and to follow the laws on commercial email that apply to you and to your readers, including the CAN-SPAM Act in the United States. Every email carries an unsubscribe link that we honor permanently, and you may not ask anyone to do more than click it.

We may investigate suspected violations and take action, including pausing a send, switching off email for a store, or suspending or terminating your account.

5. Subscriptions and payment

A creator store subscription is charged at the price shown at checkout, and these Terms apply to it. The sales a creator makes are not ours: they run through that creator's own Stripe account, as described in section 3.

Payment is processed by Stripe, our payment provider. We do not store full payment card numbers. Prices are in United States dollars unless otherwise stated. You are responsible for any applicable taxes.

We may change subscription prices. If we do, we will provide notice before the new price applies to a future billing period. The new price will not apply to a period you have already paid for.

There are two plans. Marktmorgen, at $29 a month or $300 a year, includes everything you need to sell. Marktmorgen Pro, at $99 a month or $948 a year, adds email to your list and your store on a domain you own, with up to 50,000 emails a month, counted together for one-off emails, sequences, community announcements and the emails that ask buyers for a review; during the free trial a store may send up to 1,000 emails a month, and the full number opens with the first payment. Emails not sent in a month do not carry over, and emails beyond a month's allowance wait for the next month.

A domain you add stays yours: you keep it where you bought it and keep its settings. While your store is on Pro it opens your store; when Pro ends, its visitors are sent to your marktmorgen.com address, and you can take the domain off at any time.

You may switch between monthly and yearly billing, and between the two plans, from your studio. A switch that costs more is charged when you make it, less the unused part of the period you already paid for. A switch that costs less leaves the unused part as credit on your account, applied to your next charges until it is used up. Credit is not paid out in cash, except where a refund applies under our Refund Policy.

6. Creator invites

Your studio gives you a link to invite other creators. When someone accepts your invite and then makes the first store of a new account, that store counts as invited by you. It does not count if the account belongs to you, if it had paid us before it was invited, or if another invite was accepted for it first.

For every payment an invited account makes to us for its stores, we add 50% of the amount actually paid, less any refund or credit given back on it, as credit on your account, 21 days after the payment. After its first payment, the invited account gets $29 of credit on its own account, at the same time. Credit is applied by our payment provider to your next charges until it is used up. It is not paid out in cash, cannot be transferred, and is not refunded if you cancel.

We may withhold or reverse credit earned through abuse, such as invites to accounts you control, and we may change or end this program for payments made after we give notice; credit already added stays yours.

7. Cancellation

You may cancel your subscription at any time, for any reason. After you cancel, you will not be charged for future billing periods. You will retain access until the end of the period you have already paid for, unless a refund applies under our Refund Policy.

8. Refunds

Refunds of what you pay us are governed by our Refund Policy. In summary, you may request a full refund within 14 days of a charge.

A refund on something you bought from a creator's store is a matter between you and that creator, who received your money in their own Stripe account and sets their own refund terms.

9. Intellectual property

Marktmorgen and its licensors own all rights in the Services, including the software, branding, design, and documentation. These Terms do not grant you any right to use our name, logos, or trademarks except as needed to identify the Services.

You retain ownership of what you submit to the Services (“User Content”) — the files, images, text and descriptions you upload to your store. You grant Marktmorgen a limited license to host, store and deliver User Content solely to provide the Services: to show your store page to the people you send there, and to hand a file to the buyer who paid you for it. We do not use your files or your store's text to train anything, and we do not sell or license them to anyone.

That license lasts as long as you keep the content on Marktmorgen. When you remove a product or close your store, it ends for the content removed.

10. Disclaimer of warranties

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. We do not warrant that the Services will be uninterrupted, secure, or error-free.

11. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MARKTMORGEN AND ITS OWNERS, OFFICERS, AND CONTRACTORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, OR GOODWILL, ARISING FROM YOUR USE OF THE SERVICES.

OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF THESE TERMS OR THE SERVICES WILL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE THREE (3) MONTHS BEFORE THE CLAIM AROSE, OR US$50, WHICHEVER IS GREATER. Money a buyer paid into a creator's own Stripe account was never paid to us and is not part of that amount.

Some jurisdictions do not allow certain limitations. In those cases, our liability is limited to the maximum extent permitted by law. Nothing in these Terms limits liability that cannot be limited under applicable mandatory law, including liability for fraud or willful misconduct.

12. Indemnification

You agree to indemnify and hold Marktmorgen harmless from claims arising out of your User Content, the products you sell through a Marktmorgen store, your use of the Services, or your violation of these Terms or applicable law.

13. Termination

We may suspend or terminate your access if you breach these Terms, if required by law, or if we discontinue the Services. Upon termination, your right to use the Services ends. Sections that by their nature should survive — including intellectual property, disclaimers, limitation of liability, and governing law — will survive.

Before we suspend or close a store, we email its owner the reason and give them a chance to answer, unless the law, or an urgent risk to buyers, other users or the Services, requires us to act at once; in that case we email the reason as soon as we can. If we discontinue the Services, we give at least 30 days' notice by email.

14. Changes to these Terms

We may update these Terms from time to time. The “Last updated” date at the top of this page will change when we do. Material changes will be posted on this page. Continued use of the Services after changes take effect constitutes acceptance of the updated Terms.

15. Governing law

These Terms are governed by the laws of the Federative Republic of Brazil, without regard to conflict-of-law rules. Courts located in Brazil will have exclusive jurisdiction, except that you may have additional mandatory consumer rights in your country of residence.

16. Contact

Marktmorgen
Email: support@marktmorgen.com
Website: marktmorgen.com