1. Acceptance of Terms The following “Terms of Service” govern your use of the software and services provided by Markethyve at the markethyve.com website (the “Site”). This constitutes a binding agreement between you and Markethyve, incorporating our Privacy Policy found at markethyve.com/privacy-policy. By using any software or services provided by Markethyve (the “Services”), you agree to be bound by the terms of this Agreement.

If you do not agree with any part of these terms, you must stop using the services immediately.

2. Use of Services

Our services are provided on an "as is" and "as available" basis. Users are responsible for any damage to their systems or data loss resulting from the use of our services or products, including content or downloads from the platform.

3. Intellectual Property

The software is provided as a white-label solution, meaning that all intellectual property rights, including trademarks, logos, and source code, remain with the software developer. Users are granted only limited access to the software, as defined by the terms of use.

4. User Responsibilities

You agree to use the services only for lawful purposes and in accordance with these terms. You are responsible for maintaining the confidentiality of your account login credentials and are responsible for all activities that occur under your account.

5. Payment Terms

Clients must pay all fees associated with their accounts as per the pricing plan chosen. Failure to make timely payments may result in suspension or termination of services.

6. Limitation of Liability

We are not liable for any indirect, incidental, or consequential damages arising out of the use of our services, including but not limited to loss of data, loss of revenue, or damages from unauthorized access to your data.

7. Termination of Services

We reserve the right to terminate or suspend access to the services immediately if you violate these terms. Upon termination, your right to use the services will cease immediately, and we will not be liable for any claims resulting from the termination.

8. Dispute Resolution

Any disputes will be governed by the laws of Philippines, and the exclusive venue for any litigation will be in Cebu. Claims must be brought within one year of the incident causing the dispute.

9. Modifications

We reserve the right to modify or discontinue services, including any features or pricing, at any time with or without notice. Continued use of the services after changes have been made signifies your acceptance of those changes.

10. Indemnity

You agree to indemnify and hold us harmless from any claims, damages, or losses arising out of your use of the services, breach of these terms, or infringement on third-party rights.

11. Refund Policy

All Subscriptions Are Non-Refundable

All fees paid for services on our site are non-refundable, and no prorated refunds or credits will be issued for partially used subscriptions. If we grant a refund in any instance, we are not obligated to do so in the future. However, we may issue refunds at our discretion if we make significant changes to our Terms of Service or Privacy Policy during a billing period that negatively affect you, or if a modification or disruption adversely impacts you, and no alternative remedies are available.

To be eligible for a refund, you must provide written notice identifying your account and requesting the cancellation of the specific service. The cancellation will take effect upon our receipt of your notice and confirmation of your authorization to proceed.

12. Privacy and Security

To access certain Services on this site, you may need to create an account and password, providing specific personal information during the registration process. You can manage and update this information as necessary, agreeing that all details you provide are accurate and will be kept current and complete. You are responsible for keeping your password secure and confidential, as well as for all activities associated with your account. It's important to take precautions to prevent unauthorized access to your account, as our employees will never request your password.

Additionally, you allow us to share specific Registration Info with third parties as outlined in our Privacy Policy. User accounts are non-transferable, and you cannot delegate your responsibilities under these Terms without our written acknowledgment, which is not guaranteed. However, we reserve the right to assign these Terms and our responsibilities to any third party at our discretion.

13. Miscellaneous Provision

Any personally identifiable information or aggregated data you provide will be handled in accordance with Markethyve’s Privacy Policy (https://www.markethyve.com/privacy-policy). When granting access to our Site to other parties, such as your clients, you must implement and enforce your own Privacy Policy, ensuring that it offers protection at least equal to that of Markethyve’s policy.

Additionally, you must obtain consent from your clients, confirming that they agree to adhere to your privacy policy.These terms and conditions represent the complete agreement and understanding between the parties regarding the subject matter and replace any previous agreements and understandings related to it. These Terms cannot be changed, added to, or modified by referencing any other document(s). In the event of any conflict or inconsistency between anything associated with this Site and these Terms, these Terms will prevail.

Updated: 26 September 2024