Terms of Service

1. Introduction and Acceptance

Welcome to mark8place.com (the "Platform"), a multi-vertical online marketplace operated by Lions Agentix Pte. Ltd. ("Company," "we," "us," or "our"), a company incorporated in Singapore with its registered address at 10 Marina Boulevard, Singapore 018983.

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "Vendor," "Buyer," or "you") and the Company governing your access to and use of the Platform, including any content, functionality, and services offered on or through mark8place.com and any related domains.

2. Definitions

"Platform" means mark8place.com, including all related websites, subdomains, Vendor Individual Storefront Websites, mobile applications, and any successor domains operated by the Company.

"Buyer" means any User who purchases products, services, or digital content through the Platform.

"Vendor," "Seller," or "Trader" means any individual or business entity that lists and sells products, services, or digital content on the Platform.

"Digital Products" means intangible goods delivered electronically, including but not limited to software, e-books, templates, graphics, music, videos, online courses, and downloadable content.

"Freelance Services" means professional services offered by Vendors including but not limited to design, writing, programming, marketing, consulting, and other skilled services.

"Physical Products" means tangible goods that require physical delivery to the Buyer.

"Platform Commission" means the fee charged by the Company on completed transactions as specified in Section 11.

"Transaction" means any completed purchase, booking, or service engagement between a Buyer and Vendor through the Platform.

"High-Volume Seller" means a Vendor who, in any continuous 12-month period during the previous 24 months, has entered into 200 or more discrete sales or transactions and an aggregate total of $5,000 USD or more in gross revenues through the Platform.

"Consumer" means any natural person who is acting for purposes which are outside their trade, business, craft or profession.

"Free Plan" means the zero-cost subscription tier that provides Vendors with a basic storefront website at mark8place.com/s/storename and free marketplace access after business verification, subject to the terms specified in Section 11.1.

"SalesCall AI" means the Platform's AI-powered voice assistant service that enables automated voice conversations with customers, including lead capture, customer support, and sales engagement features.

"Mark8place POS" means the Platform's point-of-sale application available for Android, iOS, and Windows devices, enabling Vendors to process in-person transactions that synchronize with their online storefront.

"Affiliate" means any User who participates in the Mark8place Affiliate Program to earn commissions by referring new Buyers or Vendors to the Platform.

"AI-Generated Content" means any text, images, descriptions, or other content created by the Platform's artificial intelligence tools, including AI Foundry features.

3. Scope of Services

3.1 Platform Overview

mark8place.com operates as a multi-vertical marketplace enabling Vendors to create branded e-commerce storefronts and sell products and services across multiple categories. The Platform provides two integrated sales channels:

(A) Mark8place Marketplace: A centralized marketplace where Buyers can discover and purchase from multiple Vendors. Vendors benefit from built-in traffic, marketplace search visibility, and exposure to the Platform's customer base.

(B) Individual Storefront Website: A dedicated, branded e-commerce website for each Vendor, hosted and managed by the Platform. Vendors receive their own .com domain (or subdomain), customizable storefront design, and full e-commerce capabilities to serve their own customers directly.

Both sales channels are powered by the same Platform infrastructure and include:

• Integrated payment processing via Stripe Connect and approved alternative providers
• Unified order management and fulfillment tracking
• Synchronized inventory across both channels
• Escrow protection and buyer security
• Customer communication tools
• Dispute resolution services
• Analytics and business insights

3.2 Service Categories

The Platform supports the following categories of transactions:

3.2.1 Platform Categories

The Platform operates across 23 distinct categories organized into Core Categories and Specialized Categories:

A flat platform commission of 2.5% applies to all categories (see Section 11). Payout schedules vary by category as specified in Section 11. Vendors select their applicable category during the listing creation process.

Local Operations (Domestic Markets):

• Physical retail products and merchandise
• Food and beverage delivery services
• Local services (home services, beauty, wellness, repairs)
• Property rentals and listings
• Bookings and appointments

International Operations (Cross-Border):

• Digital products and downloadable content
• Freelance and professional services (remote delivery)

3.3 Platform Role

The Company acts solely as an intermediary platform that facilitates connections between Buyers and Vendors. The Company is not a party to any Transaction between Users and does not take ownership, possession, or title to any products or services listed on the Platform. All Transactions are directly between the Buyer and the Vendor.

3.4 Individual Storefront Website

3.4.1 Storefront Features

The Individual Storefront Website includes:

• Domain Options (varies by plan):
  • Free Plan: Platform subdomain only (mark8place.com/s/storename). Custom domain not available.
  • Paid Plans (Starter, Professional, Enterprise): Dedicated .com domain or Platform subdomain (e.g., vendorname.mark8place.com)
• Fully managed hosting, SSL certificate, and technical infrastructure
• Customizable storefront theme and branding
• Complete ordering system with shopping cart and checkout
• Inventory management synchronized with Marketplace listings
• Multi-language support (up to 5 languages) — availability varies by plan
• Customer chat and communication tools
• Booking and appointment scheduling (where applicable)
• Blog posts and content management — availability varies by plan
• Photo gallery and media management
• AI Foundry smart store assistant — availability varies by plan
• Delivery service integration

3.4.2 Unified Terms

Orders placed through the Individual Storefront Website are processed identically to Marketplace orders. This means:

• The same payment gateway connection is used for both channels (Section 4.3)
• The same commission rates apply to all orders regardless of channel (Section 11.2)
• The same escrow protection and fund holding policies apply (Section 11.5-11.10)
• The same payout schedule and auto-release triggers apply (Section 11.6-11.7)
• The same dispute resolution process applies (Section 13)
• The same buyer protection and consumer rights apply (Section 12)
• All Vendor obligations remain in full effect (Section 6)

3.4.3 Single Dashboard

Vendors manage all orders, inventory, and customer communications through a single unified dashboard, regardless of whether orders originate from the Marketplace or their Individual Storefront Website.

3.4.4 Payment Processing Requirement

While storefronts can be activated through either payment gateway connection or business verification (see Section 4.3), processing transactions requires an active payment gateway connection. The Platform does not support offline-only payment methods. All payments must flow through the Platform's approved payment infrastructure to ensure buyer protection, escrow services, and compliance with these Terms.

3.4.5 Storefront Availability

The Individual Storefront Website is included with all Vendor subscription plans, including the Free Plan. Storefronts become active upon completion of the applicable activation requirements.

• Free Plan: Storefront activates upon successful payment gateway connection or business verification. No subscription payment required.
• Paid Plans: Storefront activates upon successful payment gateway connection or business verification and subscription payment. If the Vendor's subscription lapses, the Individual Storefront Website will be moved to the Free Plan until the account is restored to good standing.

3.5 Early Access and Demo Content

Launch Phase: The Platform is currently in an early access launch phase as we onboard our initial merchants. During this period, some features may be limited, modified, or under development.

Demo Stores and Sample Content: During the early access period, the Platform may display demo stores, sample listings, or demonstration content for illustrative purposes.

Demo Content Identification: All demo stores and sample content will be clearly labeled as "Demo," "Sample," or similar designation. Demo stores cannot process real transactions.

No Liability for Demo Content: Demo stores and sample listings are provided for illustrative purposes only. The Company makes no representations or warranties regarding the accuracy of products or services depicted in demo content.

3.6 SalesCall AI Voice Assistant

The Platform offers SalesCall AI, an artificial intelligence-powered voice assistant that enables Vendors to automate customer engagement through voice conversations.

3.6.1 Service Description

SalesCall AI provides:

• Automated voice conversations with customers via web-based calls
• 24/7 availability for customer inquiries and lead capture
• Real-time transcription and call summaries
• Customizable AI personality, voice, and conversation flows
• Lead capture and outcome tracking
• Email summaries sent to both Vendors and customers
• Multi-language support

3.6.2 Voice Recording and Consent

• Customer Notification: Customers are informed at the start of each call that the conversation is with an AI assistant and is being recorded
• Recording Purpose: Recordings are used for service delivery, quality assurance, dispute resolution, and improving AI performance
• Data Retention: Call recordings and transcripts are retained for 90 days from the call date, unless required longer for dispute resolution or legal compliance
• Access Rights: Vendors may access recordings and transcripts of their calls through the Platform dashboard. Customers may request access to their call data by contacting support@mark8place.com

3.6.3 SalesCall AI Pricing

SalesCall AI is billed on a pay-as-you-go basis at $0.10 USD per minute of conversation. Usage fees are deducted from Vendor balances or charged to the Vendor's payment method on file. Vendors receive $5 in free credits upon activation.

3.6.4 Prohibited Uses

SalesCall AI may not be used for:

• Impersonating humans without disclosure that the caller is speaking with AI
• Harassment, spam calls, or unsolicited outbound calling
• Collecting sensitive personal information (health, financial, government IDs) without appropriate safeguards
• Any illegal purpose or to facilitate prohibited transactions

3.7 Mark8place POS (Point of Sale)

The Platform offers Mark8place POS, a point-of-sale application that enables Vendors to process in-person sales while maintaining synchronization with their online storefront.

3.7.1 POS Features

• Multi-Platform Support: Available on Android, iOS, and Windows devices
• Offline Capability: Process sales without internet connection; data syncs when connectivity is restored
• Inventory Synchronization: Real-time sync between POS and online storefront inventory
• Payment Processing: Accept card payments, mobile wallets, and cash (cash transactions tracked for reporting only)
• Receipt Generation: Digital and printed receipt options
• Sales Reporting: Unified reporting across online and offline channels

3.7.2 Offline Data Handling

• Local Storage: Offline transactions are encrypted and stored locally until sync
• Sync Priority: Upon reconnection, transactions sync in chronological order
• Conflict Resolution: In case of inventory conflicts between online and offline sales, the Platform will notify the Vendor for manual resolution
• Data Loss: The Company is not liable for data loss resulting from device failure, loss, or theft before synchronization

3.7.3 POS Terms

• POS transactions are subject to the same commission rates as online transactions (Section 11.2)
• Card payments processed through POS are subject to standard payment processing fees (Section 11.4)
• Cash transactions are not processed through the Platform payment system but may be recorded for inventory and reporting purposes
• POS is included with all subscription plans; certain advanced features may require paid plans

4. Eligibility and Registration

4.1 General Eligibility

To use the Platform, you must:

• Be at least 18 years of age or the age of legal majority in your jurisdiction
• Have the legal capacity to enter into binding contracts
• Not be prohibited from using the Platform under applicable laws
• Provide accurate, current, and complete registration information

4.2 Vendor Requirements

Vendors must additionally:

• Complete identity verification through our payment processor or alternative verification services
• Comply with all applicable Know Your Customer (KYC) and Anti-Money Laundering (AML) requirements
• Maintain valid business licenses where required by local law
• Provide accurate tax identification information
• Maintain a bank account capable of receiving payouts in their operating currency
• Disclose whether they are acting as a professional trader or private individual
• Complete at least one of the following for storefront activation: (a) connect to an approved payment gateway (see Section 4.3), or (b) complete business verification (see Section 5)

4.3 Storefront Activation Options

4.3.1 Option A: Payment Gateway Connection

Marketplace-Enabled Gateways Required: The Platform only approves payment gateways that support marketplace or split-payment functionality.

For Stripe-Supported Countries (Primary): Vendors must complete Stripe Connect onboarding. Stripe Connect is available in 46+ countries including the United States, United Kingdom, EU member states, Australia, Canada, Singapore, Japan, and others.

For Non-Stripe Countries (Approved Alternatives): Vendors may use PayPal Commerce Platform, Adyen for Platforms, Razorpay Route (India), Xendit (Southeast Asia), PayMongo (Philippines), 2C2P (Thailand/SEA), Paystack (Africa), Flutterwave (Africa), MercadoPago (Latin America), and dLocal (emerging markets).

4.3.2 Option B: Business Verification

Vendors who have not yet connected a payment gateway may activate their storefront by completing business verification as described in Section 5. Business-verified Vendors can display their storefront and listings; however, payment processing requires a connected payment gateway.

4.4 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account. You agree to immediately notify us of any unauthorized access or security breach.

5. Know Your Customer (KYC) and Verification

5.1 Stripe Connect Integration

All Vendor verification and KYC processes are primarily conducted through Stripe Connect, our integrated payment processing partner. Stripe's identity verification processes comply with applicable financial regulations across supported jurisdictions.

5.2 Verification Requirements

Vendors may be required to provide:

• Government-issued photo identification
• Proof of address documentation
• Business registration documents (for business accounts)
• Tax identification numbers
• Bank account verification details
• Working email address and phone number

6. Vendor Obligations

6.1 Listing Standards

• Provide accurate, complete, and truthful descriptions of all products and services
• Include clear pricing information, including all applicable taxes and fees
• Display high-quality images that accurately represent the product
• Maintain accurate inventory levels
• Comply with all applicable labeling and disclosure requirements

6.2 Order Fulfillment

Vendors must fulfill orders within stated timeframes: Physical Products within 3-5 business days unless otherwise specified; Digital Products immediately upon purchase; Food & Delivery as per stated delivery times; Services as per the agreed schedule.

6.3 Customer Service

Vendors must respond to customer inquiries within 24 hours, handle complaints professionally, and process refunds and returns in accordance with Platform policies and applicable consumer protection laws.

6.4 Tax Compliance

Vendors are solely responsible for determining, collecting, and remitting all applicable taxes. The Platform may provide tools to assist with tax calculation but does not provide tax advice.

7. Buyer Obligations

Buyers agree to:

• Provide accurate delivery and contact information
• Use valid payment methods
• Review product descriptions before purchasing
• Communicate through Platform messaging for dispute resolution
• Comply with applicable import regulations for cross-border purchases

8. Prohibited Items and Activities

The following are strictly prohibited on the Platform:

• Illegal goods or services
• Counterfeit or unauthorized replicas
• Weapons, ammunition, and explosives
• Drugs and controlled substances
• Adult content and services
• Stolen or fraudulently obtained items
• Items that infringe intellectual property rights
• Hazardous materials
• Human remains or body parts
• Wildlife and protected species

9. Intellectual Property

9.1 Platform IP

All Platform content, trademarks, and technology are owned by or licensed to the Company and protected by intellectual property laws.

9.2 User Content

Users retain ownership of their content but grant the Company a worldwide, royalty-free license to use, display, and distribute such content on the Platform.

9.3 AI-Generated Content Ownership

The Platform's AI tools (including AI Foundry) may generate content such as product descriptions, images, marketing copy, and other materials for Vendors.

• Vendor License: Vendors receive a perpetual, non-exclusive, royalty-free license to use AI-Generated Content created for their storefront and listings, including for use outside the Platform
• No Exclusivity: AI-Generated Content is not exclusive. Similar content may be generated for other Vendors
• Platform Rights: The Company retains the right to use AI-Generated Content for Platform improvement, training AI models (in anonymized/aggregated form), and promotional purposes
• No Warranty: The Company does not warrant that AI-Generated Content is free from third-party IP claims. Vendors are responsible for reviewing AI-Generated Content before use
• Modification Rights: Vendors may modify AI-Generated Content. Modified content becomes User Content subject to Section 9.2

9.4 IP Infringement

We respect intellectual property rights and will respond to valid infringement notices. Repeat infringers will have their accounts terminated.

10. Privacy and Data Protection

Our collection and use of personal information is governed by our Privacy Policy. By using the Platform, you consent to our data practices as described in the Privacy Policy.

The Platform complies with applicable data protection regulations including GDPR (EU), PDPA (Singapore), CCPA (California), and other regional privacy laws.

11. Fees, Commission, and Payments

11.1 Subscription Plans

The Platform offers four subscription tiers to accommodate Vendors at different stages of their business journey. Current pricing is available at mark8place.com/pricing.

11.1.1 Free Plan Terms

The Free Plan provides Vendors with essential tools to start selling on the Platform:

• Free Storefront Website: A fully functional e-commerce storefront hosted at mark8place.com/s/[storename]
• Free Marketplace Access: Ability to list products and services on the Mark8place Marketplace after successful business verification
• Activation Requirement: Free Plan storefronts activate upon successful payment gateway connection or business verification. Either requirement satisfies activation.
• Domain Restriction: Free Plan storefronts are limited to the Platform subdomain (mark8place.com/s/storename). Custom domain connectivity is not available on the Free Plan
• Basic Tools: Access to basic selling tools including product listings, order management, and customer communication

Free Plan Vendors are subject to the same commission rates, payment processing fees, and payout schedules as specified in these Terms.

11.1.2 Paid Subscription Fees

Paid subscription fees for Starter, Professional, and Enterprise plans are billed monthly or annually as selected during registration. Annual billing provides a discount compared to monthly billing.

• Activation: Paid plan features activate upon successful payment gateway connection or business verification, combined with subscription payment.
• Subscription Lapse: If a paid subscription lapses due to non-payment, the Vendor's account will be automatically downgraded to the Free Plan. The Vendor will retain access to Free Plan features and their storefront will be moved to the Free Plan subdomain (mark8place.com/s/storename).
• Restoration: Vendors may restore their paid subscription at any time by completing payment. Upon restoration, paid plan features and custom domain connectivity (if previously configured) will be re-enabled.
• Refunds: Subscription fees are non-refundable except as required by applicable law (see EU Consumer Rights below).

11.1.3 EU Consumer Right of Withdrawal for Subscriptions

For EU Consumers purchasing paid subscription plans:

• 14-Day Cooling-Off Period: You may cancel your subscription within 14 days of purchase for a full refund
• How to Withdraw: Contact support@mark8place.com or use the cancellation form in your account settings within the 14-day period
• Refund Timeline: Refunds will be processed within 14 days of receiving your withdrawal request, using the same payment method as your original purchase
• Service Usage Deduction: If you have used the subscription services during the withdrawal period, we may deduct a proportionate amount for the services provided
• Digital Content Exception: If you expressly consent to begin using digital services immediately and acknowledge losing your right of withdrawal, the 14-day withdrawal right may not apply

11.1.4 Currency and Pricing

The Platform operates globally and handles multiple currencies:

• Subscription Pricing: Subscription fees are displayed and charged in USD unless otherwise specified for your region
• Transaction Currency: Vendors may list products in their local currency. Buyers pay in the currency displayed at checkout
• Currency Conversion: When currency conversion is required, conversions are processed by the payment gateway (Stripe or approved alternatives) at their prevailing exchange rates. The Platform does not charge additional currency conversion fees, but payment gateway fees may apply
• Payout Currency: Vendors receive payouts in their designated payout currency as configured in their payment gateway account. Exchange rate fluctuations between transaction and payout may affect final amounts
• Price Display: Where possible, prices are displayed in the Buyer's local currency for convenience, with the actual charge currency clearly indicated at checkout

11.2 Commission Structure

The Platform charges a single, flat commission on completed transactions. The commission rate is the same across all categories, subscription plans, and sales channels.

11.2.1 Flat Commission Rate

The commission rate does not vary by product category, item type, order channel (marketplace, individual storefront, or POS), or Vendor subscription plan. Enterprise plans may negotiate custom rates for high-volume sellers at the Company's sole discretion.

Note: The commission rate is subject to change with 30 days' prior notice.

11.3 Delivery and Shipping

Delivery of physical products may be handled through Merchant-Arranged Delivery, Platform Delivery Tracking System, or Platform-Integrated Third-Party Delivery Services where available.

11.4 Payment Processing

All payments are processed through Stripe Connect or approved alternative marketplace-enabled payment gateways. Standard payment processing fees apply (approximately 2.9% + $0.30 per transaction).

11.5 Payout Schedule

Vendor payouts follow this schedule: Standard Payouts are released on a rolling 2-7 business day basis. New Vendors may have initial payouts subject to a 14-day hold.

11.6 Fund Holding and Escrow

For certain Transaction types (including high-value orders and dispute-prone categories), the Platform may hold funds in escrow for up to 90 days or until the Transaction is satisfactorily completed.

11.7 Vendor Payout and Fund Release Policy

12. Consumer Rights and Buyer Protection

12.1 Right of Withdrawal (EU Consumers)

Under the EU Consumer Rights Directive, EU Consumers have the right to withdraw from distance contracts within 14 days without giving any reason (cooling-off period).

12.1.1 How to Exercise Your Right of Withdrawal

To exercise your right of withdrawal, you must inform the Vendor (with the Platform copied) of your decision to withdraw by a clear statement. You may:

• Use the cancellation button in your order details page
• Send an email to the Vendor through the Platform messaging system
• Contact Platform support at support@mark8place.com

The withdrawal period expires 14 days from the day on which you (or a third party indicated by you, other than the carrier) physically receives the goods, or for services, 14 days from the day of contract conclusion.

12.1.2 Exceptions to Right of Withdrawal

The right of withdrawal does not apply to:

• Personalized/Custom Items: Goods made to the consumer's specifications or clearly personalized
• Perishable Goods: Goods liable to deteriorate or expire rapidly (e.g., fresh food, flowers)
• Sealed Hygiene Products: Sealed goods not suitable for return due to health or hygiene reasons, if unsealed after delivery (e.g., cosmetics, underwear, earrings)
• Sealed Audio/Video/Software: Sealed audio, video recordings, or computer software if unsealed after delivery
• Digital Content: Digital content delivery that has begun with your prior express consent and acknowledgment that you lose your right of withdrawal
• Newspapers/Periodicals: Newspapers, periodicals, or magazines (except subscription contracts)
• Urgent Repairs: Urgent repairs or maintenance specifically requested by the consumer
• Accommodation/Transport/Leisure: Services related to accommodation, transport, car rental, catering, or leisure activities for a specific date or period
• Goods Mixed Inseparably: Goods that have been mixed inseparably with other items after delivery

12.1.3 Effects of Withdrawal and Refunds

• Refund Timeline: If you withdraw, we will reimburse all payments received from you, including standard delivery costs, without undue delay and no later than 14 days from the day we are informed of your withdrawal decision
• Refund Method: Refunds are made using the same payment method used for the original transaction, unless you expressly agree otherwise
• Return Shipping Costs: You bear the direct cost of returning goods unless the Vendor has agreed to bear them or failed to inform you that you must bear them
• Refund Withholding: We may withhold the refund until we have received the goods back, or you have supplied evidence of having sent back the goods, whichever is earliest
• Diminished Value: You are liable for any diminished value of goods resulting from handling beyond what is necessary to establish the nature, characteristics, and functioning of the goods

12.1.4 Return of Goods

You must send back the goods or hand them over without undue delay and no later than 14 days from the day on which you communicate your withdrawal. The deadline is met if you send back the goods before the 14-day period has expired.

12.2 UK Consumer Rights

UK Consumers have equivalent rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and the Consumer Rights Act 2015.

12.2.1 UK Right to Cancel

UK Consumers have a 14-day cancellation period for distance contracts, with the same exceptions as listed in Section 12.1.2. The process for exercising this right is identical to that described in Section 12.1.1.

12.2.2 UK Statutory Rights

Under the Consumer Rights Act 2015, goods must be:

• Of satisfactory quality
• Fit for purpose
• As described

If goods do not meet these standards, UK Consumers have the right to:

• Short-Term Right to Reject: Within 30 days of delivery, reject goods and receive a full refund
• Right to Repair or Replacement: After 30 days, request repair or replacement at no cost
• Right to Price Reduction or Final Right to Reject: If repair/replacement is not possible or unsuccessful, receive a price reduction or reject the goods for a refund (which may be reduced for use after the first 6 months)

These statutory rights are in addition to, and do not affect, the right to cancel described above.

12.3 Dispute Resolution Window

Disputes must be filed within the following windows. During this period, funds remain in escrow pending resolution (see Section 11.6-11.7):

12.4 General Return Policy

For Buyers not covered by EU/UK consumer rights, or for items exempt from withdrawal rights:

• Vendor Return Policies: Individual Vendors may offer their own return policies, which will be displayed on their storefront and listing pages. Vendor policies may be more generous than Platform minimums.
• Platform Minimum: All Vendors must accept returns for items that are significantly not as described, defective, or damaged in transit, regardless of their stated return policy.
• No General Right of Return: Outside of EU/UK consumer rights, there is no automatic right to return items simply because you changed your mind. Check Vendor policies before purchasing.
• Return Shipping: Unless the return is due to Vendor error (wrong item, defective, not as described), return shipping costs are typically borne by the Buyer.

13. Dispute Resolution

13.1 Platform Mediation

The Platform provides mediation services for disputes between Buyers and Vendors. Both parties agree to participate in good faith in the mediation process before escalating disputes.

13.2 Resolution Process

1. Direct communication between parties (encouraged)
2. Dispute submission to Platform
3. Evidence review and mediation
4. Platform decision (binding)
5. Appeal process (limited circumstances)

13.3 Chargebacks

Vendors are responsible for chargebacks resulting from their transactions. The Platform may deduct chargeback amounts and associated fees from Vendor balances.

14. Limitation of Liability

The Company's total liability shall not exceed the greater of: (a) the fees paid by you in the 12 months preceding the claim; or (b) $100 USD.

15. Indemnification

You agree to indemnify, defend, and hold harmless the Company and its officers, directors, employees, and agents from any claims, damages, losses, or expenses arising out of: (a) your use of the Platform; (b) your violation of these Terms; (c) your violation of any third-party rights; or (d) your content or listings.

16. Warranties and Disclaimers

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

The Company does not warrant that the Platform will be uninterrupted, error-free, secure, or free from viruses or other harmful components.

17. Affiliate Program

17.1 Program Overview

The Mark8place Affiliate Program allows eligible Users to earn commissions by referring new Buyers and Vendors to the Platform. Participation is subject to approval and ongoing compliance with these Terms.

17.2 Eligibility and Enrollment

• Affiliates must be at least 18 years of age and have a valid Platform account
• Affiliate applications are subject to review and approval at the Company's discretion
• The Company may reject or terminate Affiliates engaged in prohibited marketing practices
• Affiliates must provide accurate tax information for commission payments

17.3 Commission Structure

Commission rates are subject to change with 30 days' prior notice to active Affiliates.

17.4 Referral Tracking

• Cookie Duration: Affiliate referral cookies have a 60-day attribution window
• Attribution: The first Affiliate to refer a User receives credit (first-click attribution)
• Tracking Links: Affiliates must use provided tracking links or codes for proper attribution
• Self-Referral Prohibited: Affiliates may not earn commissions on their own purchases or accounts

17.5 Commission Payments

• Minimum Payout: $50 USD minimum balance required for payout
• Payment Schedule: Monthly payouts, processed within 15 days of month-end
• Payment Methods: Bank transfer, PayPal, or Platform credit (Affiliate's choice)
• Pending Period: Commissions are held for 30 days after the qualifying transaction to account for refunds or chargebacks
• Forfeiture: Commissions are forfeited if the referred transaction is refunded, charged back, or found to be fraudulent

17.6 Prohibited Affiliate Practices

Affiliates may not:

• Use spam, unsolicited emails, or deceptive marketing practices
• Bid on Mark8place branded keywords in paid search advertising
• Create fake accounts or generate fraudulent referrals
• Misrepresent the Platform, its pricing, or services
• Use cookie stuffing, adware, or other fraudulent tracking methods
• Offer cash rebates or incentives that exceed the commission earned

17.7 Program Modifications and Termination

The Company reserves the right to modify commission rates, terms, or terminate the Affiliate Program with 30 days' notice. Earned commissions prior to termination will be paid according to standard payout schedules.

18. Content Moderation

The Platform reserves the right to remove content that violates these Terms, applicable laws, or Platform policies. Users may report violations through our reporting tools.

19. Account Suspension and Termination

The Company may suspend or terminate accounts for violations of these Terms, fraudulent activity, repeated customer complaints, or failure to maintain required verification.

Subscription Non-Payment: Non-payment of subscription fees does not result in account suspension or termination. Instead, accounts with lapsed paid subscriptions will be automatically downgraded to the Free Plan as described in Section 11.1.2. Account suspension or termination may occur if there are other violations beyond subscription non-payment.

20. Communications

By creating an account, you consent to receive electronic communications from the Platform, including service announcements, administrative messages, and marketing communications (which you may opt out of).

21. Third-Party Services

The Platform may integrate with or link to third-party services. We are not responsible for the content, terms, or practices of third-party services.

22. Term and Termination

These Terms remain in effect until terminated by either party. You may terminate by closing your account. The Company may terminate for any reason with notice.

Subscription Cancellation vs. Account Termination: Canceling a paid subscription is distinct from account termination. Subscription cancellation results in a downgrade to the Free Plan, allowing continued access to basic Platform features. Account termination results in complete closure of the account.

Upon termination: (a) all licenses granted hereunder terminate; (b) outstanding payments owed to Vendors will be processed according to standard payout schedules; (c) funds subject to dispute may be held pending resolution; (d) the Vendor's storefront and marketplace listings will be deactivated.

23. Governing Law and Jurisdiction

23.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Republic of Singapore, without regard to conflict of law principles. For EU Consumers, this choice of law does not deprive you of the protection afforded by mandatory consumer protection provisions in your country of residence.

23.2 Dispute Resolution

Any dispute arising from these Terms shall first be attempted to be resolved through good faith negotiation. If unresolved within 30 days, disputes shall be submitted to binding arbitration administered by the Singapore International Arbitration Centre (SIAC).

23.3 Class Action Waiver

24. International Operations

The Platform primarily operates in countries where Stripe Connect is available. Users are responsible for compliance with local laws in their jurisdiction.

Regional Compliance: EU (GDPR, DSA, 14-day cooling-off); United States (INFORM Consumers Act, CCPA); Singapore (PDPA); Australia (Australian Consumer Law); United Kingdom (UK GDPR, Consumer Rights Act).

25. Accessibility

We are committed to making the Platform accessible to all users. We strive to comply with WCAG 2.1 Level AA standards. For accessibility concerns, contact accessibility@mark8place.com.

26. Force Majeure

Neither party shall be liable for failures or delays resulting from circumstances beyond reasonable control, including acts of God, natural disasters, pandemic, war, terrorism, government actions, or internet failures.

27. Platform Availability

The Company endeavors to maintain Platform availability but does not guarantee uninterrupted access. We will make reasonable efforts to provide advance notice of planned maintenance.

28. Modifications to Terms

The Company reserves the right to modify these Terms at any time. Material changes will be communicated via email or Platform notification at least 30 days before taking effect. Continued use constitutes acceptance of modified Terms.

29. General Provisions

Entire Agreement: These Terms constitute the entire agreement between you and the Company.

Severability: If any provision is found unenforceable, the remaining provisions continue in effect.

Waiver: No waiver of any term shall be deemed a continuing waiver.

Assignment: You may not assign these Terms without consent. The Company may assign without restriction.

Survival: Provisions regarding IP, liability, indemnification, and governing law survive termination.

Language: These Terms are in English. In case of conflict with translations, English prevails.

30. Contact Information

For questions about these Terms, please contact us: