MarketPay Terms of Service

These Terms of Service ("Terms") govern your access to and use of MarketPay's websites, applications, and related services (collectively, the "Service"). These Terms form a binding agreement between you and MarketPay LLC ("MarketPay," "we," "us," or "our"), a Michigan limited liability company.

By accessing or using the Service, you agree to these Terms. If you do not agree, do not use the Service.

MarketPay Contact Information

1. The Service

MarketPay is a community-driven online marketplace that enables users to create communities, list items for sale, participate in auctions and countdown-style pricing, make offers, communicate with other users, and engage in peer-to-peer commerce.

MarketPay is a platform that facilitates connections between buyers and sellers. MarketPay is not a party to any transaction between users. We do not own, possess, ship, inspect, or guarantee any items listed on the Service.

2. Eligibility

You must be at least 18 years old to use the Service. By using the Service, you represent and warrant that you are at least 18 years of age and have the legal capacity to enter into these Terms.

3. Accounts

You must create an account to use most features of the Service. You agree to provide accurate, current, and complete information during registration and to keep your account information up to date. You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account.

You agree to notify us immediately at support@marketpay.app if you suspect unauthorized use of your account.

4. User Content and Listings

5. Communities

Users may create and manage communities within MarketPay. Community owners and moderators are responsible for enforcing their community rules and ensuring that community activity complies with these Terms. MarketPay reserves the right to remove or restrict any community that violates these Terms or applicable law.

6. Transactions Between Users

MarketPay is a platform that facilitates connections between independent buyers and sellers. MarketPay is not a party to any transaction between users. Each seller on MarketPay is an independent individual or entity — not an employee, agent, or representative of MarketPay.

All transactions are conducted directly between users. While MarketPay facilitates payment processing through third-party payment providers (such as Stripe), MarketPay does not itself hold, escrow, or guarantee any funds. Payment processing is subject to the terms and conditions of the applicable payment provider.

MARKETPAY DOES NOT GUARANTEE the quality, safety, legality, authenticity, or condition of any listed items; the accuracy, completeness, or truthfulness of any listing or user content; the ability of sellers to sell or deliver items; the ability of buyers to pay; or the satisfactory completion of any transaction.

You acknowledge and agree that MarketPay is not responsible for any loss, damage, cost, expense, or liability arising from your interactions with other users, including but not limited to: items that are not as described, items that are damaged, lost, or never delivered, disputes over pricing or condition, failure of a buyer or seller to complete a transaction, or any personal injury or property damage resulting from a transaction.

Any disputes between buyers and sellers must be resolved directly between the parties involved. MarketPay may, at its sole discretion, assist with dispute resolution but is under no obligation to do so.

7. Auctions and Countdown Listings

MarketPay supports various listing types including fixed-price, countdown (Dutch auction), and English auction formats. By placing a bid or locking a listing, you are indicating intent to purchase. Abuse of the bidding or locking systems (e.g., bidding without intent to pay, repeatedly locking items) may result in account restrictions.

8. Account Tiers and Limits

To prevent abuse, MarketPay imposes limits on certain activities based on account age. These limits include the number of active listings and the number of items a user can lock at any given time. As your account ages, these limits increase. MarketPay reserves the right to modify tier limits at any time.

9. Acceptable Use

You agree not to:

• use the Service for any unlawful purpose or to facilitate illegal transactions;
• list prohibited items including but not limited to: firearms, weapons, explosives, controlled substances, stolen goods, counterfeit items, or any items prohibited by applicable law;
• post content that is obscene, pornographic, violent, threatening, harassing, defamatory, or discriminatory;
• impersonate another person or entity or misrepresent your affiliation;
• manipulate pricing, bidding, or other marketplace mechanics;
• scrape, harvest, or collect data from the Service without permission;
• interfere with or disrupt the Service or its infrastructure;
• circumvent any security or access controls;
• use the messaging system to send spam, solicit users off-platform, or engage in phishing.

We may suspend or terminate access for violations of these Terms.

10. Intellectual Property

MarketPay and its licensors own all rights, title, and interest in and to the Service, including software, design, branding, and documentation. You receive a limited, non-exclusive, non-transferable, revocable right to access and use the Service in accordance with these Terms.

11. Privacy

Your use of the Service is also governed by our Privacy Policy. Please review it to understand how we collect, use, and protect your information.

12. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, MARKETPAY LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

MARKETPAY DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MARKETPAY DOES NOT ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY LISTING, TRANSACTION, USER, OR USER CONTENT.

MARKETPAY IS NOT RESPONSIBLE FOR THE CONDUCT, ACTIONS, OR OMISSIONS OF ANY USER, WHETHER ONLINE OR OFFLINE. SELLERS ARE INDEPENDENT INDIVIDUALS AND NOT AGENTS OR EMPLOYEES OF MARKETPAY. MARKETPAY DOES NOT VERIFY, VET, OR ENDORSE ANY SELLER, BUYER, OR ITEM LISTED ON THE PLATFORM. YOU INTERACT WITH OTHER USERS AT YOUR OWN RISK.

MARKETPAY IS NOT RESPONSIBLE FOR ANY LOSS, THEFT, DAMAGE, PERSONAL INJURY, FINANCIAL LOSS, OR ANY OTHER HARM ARISING FROM YOUR USE OF THE SERVICE OR ANY INTERACTION WITH ANOTHER USER, INCLUDING ANY TRANSACTION, COMMUNICATION, MEETUP, OR SHIPMENT ARRANGED THROUGH THE PLATFORM.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MARKETPAY LLC, ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, DATA, GOODWILL, ITEMS, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

WITHOUT LIMITING THE FOREGOING, MARKETPAY SHALL NOT BE LIABLE FOR: (A) ANY TRANSACTION BETWEEN USERS, INCLUDING DISPUTES OVER ITEM QUALITY, CONDITION, AUTHENTICITY, DELIVERY, OR PAYMENT; (B) ANY LOSS OR DAMAGE RESULTING FROM ITEMS PURCHASED, SOLD, OR TRADED THROUGH THE SERVICE; (C) ANY ACTIONS OR OMISSIONS OF ANY USER OR THIRD PARTY; (D) ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA; OR (E) ANY INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICE.

MARKETPAY LLC'S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (I) THE AMOUNT YOU PAID TO MARKETPAY IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (II) ONE HUNDRED DOLLARS ($100).

Some jurisdictions do not allow certain limitations; in those cases, liability will be limited to the greatest extent permitted by law.

14. Indemnification

You agree to indemnify, defend, and hold harmless MarketPay LLC and its members, managers, officers, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from or relating to: (a) your use of the Service; (b) any transaction you enter into with another user; (c) your User Content; (d) your violation of these Terms; (e) your violation of any applicable law or regulation; or (f) your violation of any third-party rights, including intellectual property, privacy, or contractual rights.

15. Suspension and Termination

We may suspend or terminate your access to the Service:

• if you violate these Terms,
• if your use poses a security risk or risk of harm to others,
• if required by law,
• or at our sole discretion with or without cause.

You may stop using the Service and delete your account at any time. Sections that by their nature should survive termination (e.g., disclaimers, limitation of liability, indemnification) will survive.

16. Governing Law and Venue

These Terms are governed by the laws of the State of Michigan, without regard to conflict of law principles.

Any dispute arising out of or relating to these Terms or the Service will be brought in the state or federal courts located in the State of Michigan, and you consent to personal jurisdiction and venue in those courts.

17. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will update the "Last Updated" date. Your continued use of the Service after changes become effective constitutes acceptance of the updated Terms.

18. Contact

Questions about these Terms may be sent to: