Terms of Service

Preamble

This Terms of Service Agreement (hereinafter "the Agreement") is entered into between the customer (hereinafter "the Client") and Les Logiciels MarketSync Inc. (hereinafter "MarketSync"), a company incorporated in Quebec, in connection with the use of the MarketSync platform, a software as a service (SaaS) designed for businesses specializing in trading card games.

1. Purpose of the Agreement

This Agreement governs the Client's use of the MarketSync service, including access to the platform, support, billing, commissions, and data management.

2. License & Subscription

• MarketSync grants the Client a non-exclusive, non-transferable license to use the platform with an unlimited number of users.
• The service is offered on a monthly subscription basis at a fixed rate of $149 per month plus applicable taxes, payable on the anniversary date of the subscription.
• The subscription automatically renews each month without any fixed-term commitment.
• In the event of cancellation, the Client retains access until the end of the current monthly period. No advance refunds are applicable.

3. Sales Commissions

• MarketSync charges a commission of 1.8% on all online sales generated through the platform.
• Payment provider transaction fees (e.g., Shopify, Stripe) are not included in this commission.
• Commissions are billed at the beginning of each month for sales from the previous month.

4. Payment Terms

• Invoices are payable upon receipt by credit card, unless a specific arrangement is authorized by MarketSync.
• In the event of non-payment of the subscription or commission, access may be suspended without notice until payment of amounts owed by the Client.
• After a period of 90 days, data associated with the Client's account will be permanently deleted.
• An interest rate of 2% per month applies in case of late payment.

5. Support Services

MarketSync provides technical support during business hours, Monday through Friday from 9:00 AM to 5:00 PM (Montreal time).

Requests are processed according to their priority level:

• Critical urgency (service inaccessible): Target response within 4 business hours
• Major issue (functionality affected): Target response within 12 business hours
• General request or information: Target response within 24 business hours

Scheduled maintenance or interruptions caused by factors external to the service are not covered by these commitments.

6. Acceptable Use Policy (AUP)

This policy applies to all Client users accessing the MarketSync platform.

Authorized Uses

Inventory management, price synchronization, sales, POS/Shopify integration.

Prohibited Activities

• Using the platform for illegal or fraudulent purposes
• Spreading malicious programs (viruses, malware)
• Accessing or attempting to access unauthorized accounts
• Disrupting the service (e.g., DDoS, unauthorized scraping)
• Publishing or transmitting offensive, discriminatory, or hateful content
• Bypassing or attempting to bypass security measures
• Using unauthorized bots or scripts
• Violating copyright laws, intellectual property, or confidentiality

Users must keep their credentials confidential. Any compromise or suspected compromise must be reported immediately.

MarketSync may monitor usage to detect abuse.

Any violation may result in suspension or termination of the service, without refund, and the Client may be held liable for damages.

This policy may be modified with 30 days' notice.

7. Confidentiality & Security

• MarketSync acts as a data processor for data entered by the Client. This data remains the exclusive property of the Client.
• MarketSync is committed to protecting data through industry-standard security protocols, including encryption of data in transit and at rest, regular backups, and strict access control.
• The parties agree to keep confidential any commercial or technical information exchanged in the execution of the Agreement.

8. Intellectual Property

• MarketSync retains full ownership of its platform, including its source code, interface, documentation, and software components.
• The Client retains ownership of their own content, business data, and information entered into the platform.

9. Liability and Indemnification

• MarketSync shall not be held liable for indirect losses, including loss of revenue, profits, clientele, or operations.
• Each party agrees to indemnify the other for any damages resulting from a breach of contract or violation of third-party rights.

10. Service Modifications

• MarketSync reserves the right to modify or improve the platform at any time to enhance the customer experience.
• Any significant change will be communicated to the Client at least 30 days before its effective date, by email or within the user interface.

11. Applicable Laws

• This Agreement is governed by the laws of the Province of Quebec.
• Any dispute relating to this Agreement shall be submitted to the exclusive jurisdiction of the courts located in Montreal, Quebec.

Contact Information

If you have any questions or concerns regarding these Terms of Service, please contact us: