Terms of Service

1. Who provides the service

BGS is a product, platform and service — a “Digital General Manager” — accessible at app.mibgs.com and presented at mibgs.com. BGS is the name of the product; the entity that currently operates it and provides the service is:

HOP LLC operates BGS until a separate BGS entity exists. When these terms refer to “BGS”, “we” or “the service”, they mean HOP LLC as the provider.

The Seville address is provided solely as an operational and contact address in Spain. It is not HOP LLC’s registered office.

2. Purpose and scope

These Terms of Service govern access to and use of the BGS platform by client organizations and the people they authorize.

BGS gathers an organization’s operational information — entered by the organization or coming from the services it chooses to connect — presents it in an organized way and produces reports, analyses and improvement recommendations from it.

Use of the mibgs.com website is governed by the Legal notice. These terms apply to the platform; for matters they do not govern, the contract signed between HOP LLC and the client organization applies, and it prevails in the event of conflict.

3. Acceptance of these terms

Accessing and using the platform implies acceptance of these terms. Anyone accepting on behalf of an organization represents that they have the authority to bind it.

The service is intended for organizations and for professionals acting in the course of their business, not for consumers.

4. Accounts and access

Access to BGS requires identification. There is no anonymous or public access to any organization’s data.

• Each organization operates in its own data space, separate from the others.
• Users are designated by the organization, which decides their permissions and is responsible for their use.
• Access credentials are personal and non-transferable. You must safeguard them and notify us without delay of any unauthorized use.
• We may suspend access where there are well-founded reasons relating to security, breach of these terms or a legal obligation.

5. Integrations with third-party services

BGS can connect to services your organization already uses, in order to read their information and present and analyze it within the platform.

• The connection is always initiated by an authorized person from the organization.
• Authorization is granted on the provider’s own screen, through its official mechanisms. BGS never asks you for the password of the third-party service.
• BGS accesses only what that authorization grants and the account that has been selected and linked to the organization.
• The connection can be withdrawn at any time.

6. Google Ads

BGS can connect to Google Ads through Google’s official consent screen (OAuth 2.0), to provide the organization with reports on its advertising activity, performance analysis, detection of problems and opportunities, and improvement recommendations.

Current status of the integration. BGS does not make changes to Google Ads accounts. It does not create, pause, enable or modify campaigns, budgets, bids, keywords or targeting. Write operations are disabled while the observation phase is being validated. If advertising management is enabled in the future, it will be done in accordance with the governance described in section 9 and will be communicated in advance.

Using Google Ads through BGS does not change the organization’s relationship with Google: the advertising account remains its own and is governed by Google’s terms (section 14). The processing of information obtained from Google is described in the Privacy Policy.

7. Your responsibility for connected accounts

By connecting a third-party service to BGS, the organization and the authorizing person represent and warrant that:

• They have the right to access and administer the account they connect, and to authorize BGS’s access to it.
• They have the necessary internal permissions and, where the account belongs to a third party (for example, an agency’s client), that party’s authorization.
• The connection does not breach any applicable contract, policy or regulation, including the provider’s own terms.

The organization is responsible for keeping those permissions up to date and for removing connections that are no longer authorized. BGS cannot verify the legal relationship between the organization and the accounts it connects, and relies on these representations.

8. Reports, analyses and recommendations

BGS produces reports, signals and recommendations based on the information available. Regarding their nature:

• They are decision support, not professional, legal, tax, accounting or investment advice.
• Their quality depends on the information connected. When a piece of data is missing or unreliable, BGS says so rather than filling it in with an estimate.
• Advertising results depend on factors outside BGS’s control — market, competition, product, price and the advertiser’s own decisions. We do not guarantee any specific business or advertising performance result.
• The recommendations are BGS’s own. They are not endorsed, reviewed or approved by Google or by any other provider whose services are connected.

The decision whether or not to follow a recommendation always rests with the organization.

9. A recommendation is not an action

This is the rule that governs the product, and it is worth stating unambiguously: BGS detecting something does not mean BGS doing it.

• The analysis generates proposals. A proposal has no external effect merely by existing.
• For an action with an external effect to be executed, the express approval of an authorized person from the organization is required, and it is recorded together with who approved it and when.
• BGS’s automated components can propose and draft; they cannot approve or execute.
• In the specific case of Google Ads, and as stated in section 6, there is currently no execution at all: writing is disabled.

10. Permitted and prohibited use

The platform must be used in accordance with the law, good faith and these terms, and for the purpose for which it is contracted. In particular, it is not permitted to:

• Connect accounts over which you do not have access and administration rights, or access third-party data without authorization.
• Share access credentials or allow unauthorized persons to use the service.
• Attempt to access the data, space or credentials of another client organization.
• Interfere with the operation of the service, overload it, subject it to penetration testing without written authorization, or circumvent its security measures, usage limits or governance controls.
• Reverse engineer, decompile or extract the software, except to the extent mandatorily permitted by law.
• Resell, sublicense or provide the service to third parties outside what is agreed in the contract.
• Introduce unlawful or malicious content, or content that infringes third-party rights.
• Use information obtained through connected services for purposes other than those described in the Privacy Policy.

Breach may result in suspension of access and, where applicable, termination of the contract.

11. Service availability

We strive to keep the service available and working properly, but we do not guarantee uninterrupted availability or the absence of errors.

Interruptions may occur due to maintenance — which we will try to announce when foreseeable — technical incidents or causes beyond our control, including outages or changes in connected third-party services. If an external provider becomes unavailable or changes its interface, functionality that depends on it may be affected.

The service evolves: we may add, modify or remove features. When a change substantially affects a contracted feature, we will communicate it through the channels set out in the contract.

12. Intellectual property

The BGS platform, its software, design, documentation, the “BGS” brand and logo and other elements are owned by HOP LLC or by third parties that have authorized their use, and are protected by intellectual and industrial property laws. These terms do not transfer any ownership: they grant a limited, non-exclusive, non-transferable and revocable right of use, for the term of the contract and for the intended purpose.

The organization’s data remains its own. The information it enters or connects, and the reports BGS generates from it for its use, belong to the organization. We acquire no rights over them beyond those needed to provide the service.

Third-party brands and content appearing on the platform belong to their owners and are used for identification purposes only.

13. Data processing

The processing of personal data is described in the Privacy Policy, which forms part of these terms.

In summary: with respect to the data the organization enters or connects on the platform, the organization is the data controller and HOP LLC acts as processor on its behalf, in accordance with the data processing agreement signed. Credentials for connected services are stored encrypted, are never displayed and are deleted when the service is disconnected.

14. Third-party services and APIs

When you connect a third-party service, that service continues to be governed by its own terms and policies, which you accept directly with its provider and must comply with. These terms do not replace or modify them.

In the case of Google, the Google terms and policies applicable to the product and APIs used apply, including the Google Ads terms and the Google API policies. BGS’s use of information received from Google APIs adheres to the Google API Services User Data Policy, including its Limited Use requirements, as detailed in the Privacy Policy.

We are not responsible for the operation, availability, policies or decisions of external providers, or for whether they maintain or withdraw access to their interfaces.

15. Disconnection and cancellation

• Disconnecting a service. The organization can disconnect any connected service at any time from the platform itself. Doing so deletes the stored credentials and the link to the account. Authorization can also be withdrawn from the provider’s own account.
• Cancelling the service. Termination of the relationship is governed by what is agreed in the contract with the organization.
• Upon termination. The right to use the platform ends. Data is deleted or returned in accordance with the data processing agreement and the Privacy Policy, unless there is a legal obligation to retain it.
• We may suspend or terminate access, with such notice as is reasonable in the circumstances, in the event of breaches of these terms, security risks or legal requirements.

16. Warranties and limitation of liability

The service is provided with professional diligence. Except as expressly agreed in the contract, and to the extent permitted by law, the service is offered “as is”, without implied warranties of fitness for a particular purpose, and we do not guarantee that its use will produce a particular business result.

To the extent permitted by law, we will not be liable for indirect damages, loss of profits, loss of opportunities, loss of data attributable to causes outside our sphere of control, or for damages arising from:

• Decisions made by the organization based on BGS reports or recommendations.
• Changes made by the organization or by third parties to the connected accounts.
• The use of connected accounts without due authorization, contrary to the representations in section 7.
• Failures, changes or interruptions of third-party services.

The quantitative limits of liability are those established in the contract signed with the organization. Nothing in these terms excludes or limits liability that cannot be excluded or limited under applicable mandatory law, including willful misconduct and gross negligence.

17. Changes to these terms

We may update these terms to reflect legal or technical changes or changes in how the service works. We will always publish the current version on this same page, with its last updated date.

When a change is substantial and affects a client organization’s rights or obligations, we will notify it reasonably in advance through the channels set out in its contract. Continued use of the service after the change takes effect constitutes acceptance of the updated version.

18. Contact

For any question about these terms or the service, write to us at admin@mibgs.com. The provider’s full details are set out in section 1.

19. Governing law and jurisdiction

Relations between HOP LLC and user organizations and individuals, with regard to the use of the platform, will be governed by the applicable law and by any provisions of the contract signed with the client organization.

Applicable mandatory protection rules by reason of the user’s residence, including those relating to competent jurisdiction, will be respected in all cases. Nothing in these terms limits the rights granted by mandatory law.