1. About these terms
These Terms of Service (the “Terms”) are an agreement between you and Marketplace Launchpad (“we”, “us”, “our”). They cover your use of Marketplace Launchpad: this website, your customer account, the Marketplace Launchpad software you download from us, including updates and new releases (the “Software”), and the license keys, downloads, guides and support we provide (together with the Software, the “Service”).
By creating an account, starting a trial or using the Service, you agree to these Terms. If you are accepting them on behalf of a business, you confirm that you have authority to do so, and “you” means that business.
2. Your account
- You must be at least 18 and able to enter into a binding contract.
- Give us accurate information and keep it up to date.
- Keep your password and license key safe. You are responsible for everything that happens under your account, and for anyone you allow to use your license key or downloads on your behalf, such as a developer or hosting provider.
- Tell us straight away if you think someone has accessed your account without permission.
3. Your subscription
The Service is sold as a subscription. What your subscription includes (such as the number of production marketplaces) and how it is priced are described on our pricing page at the time you subscribe.
Each subscription covers one production marketplace. If you want to run more than one, contact us about an Enterprise agreement.
If you sign a separate order form or contract with us (for example, an Enterprise agreement), that document takes priority over these Terms where the two differ.
4. Your software license
While your subscription is active and you comply with these Terms, we grant you a non-exclusive, non-transferable, non-sublicensable license to download, install and use the Software to operate the number of production marketplaces included in your subscription, plus any number of non-public test and staging copies used for development, testing or evaluation.
You may let your employees and contractors (such as a developer or hosting provider) install and operate the Software on your behalf, and you are responsible for their compliance with these Terms. You may not sell, resell, sublicense, rent or distribute the Software, share your license key outside your organization, try to get around license-key requirements, disable, interfere with or falsify usage reporting, remove proprietary notices, or use the Software to offer a competing marketplace-building product or service.
The Software is licensed, not sold. Any rights not expressly granted in these Terms are reserved by us.
5. Free trial
We may offer a free trial for new customers. The trial length is shown when you sign up. We ask for a payment card at checkout, but we do not charge it during the trial.
Sales your marketplace makes during the trial are not billed. When the trial ends, your paid subscription starts automatically and fees apply to the sales your marketplace reports from then on, unless you cancel before the trial ends. Trials are limited to one per customer. We may change or withdraw trial offers, but that will not affect a trial you have already started.
6. Fees, billing and usage reporting
- Fees based on your sales. Your fees are a percentage of the net sales your marketplace reports, as described on our pricing page. There is no monthly fee, minimum or setup fee.
- Billed monthly in arrears. We calculate your fees from the sales reported for each calendar month and charge them after the month ends. If your marketplace reports no sales in a month, there is nothing to pay.
- Usage reporting. The Software uses your license key to report each production marketplace’s monthly sales totals, order counts and software version to us. It does not send personal information about your sellers or shoppers. You agree to keep usage reporting connected for each production marketplace and not to disable, interfere with or alter it. If reports stop arriving, we will get in touch to put it right.
- Questions about reported figures. If you think the sales figures we have for your marketplace are wrong, email us at support@mp-lp.com or use our contact form and we will review them with you and correct any error on a future bill.
- Ongoing subscription. Your subscription continues month to month until you cancel.
- Payment processing. Payments are processed by Stripe. You authorize us, through Stripe, to charge your payment method for all fees due.
- Taxes. Fees do not include taxes. Where required, sales tax, VAT or similar taxes are added to your invoice.
- Failed payments. If a payment fails, we will let you know and retry. If it remains unpaid after reasonable notice, we may suspend your license, downloads, updates and support until the balance is settled.
- Rate changes. We may change our rate. We will give you at least 30 days’ notice before a new rate applies to your subscription, and you can cancel before it takes effect.
- Refunds. Except where required by law or where we say otherwise in writing, fees already paid are non-refundable.
7. Cancellation
You can cancel at any time from your account. Cancellation takes effect at the end of your current monthly billing period. We then bill the fees for the sales your marketplace reported up to that point, and you will not be charged after that. Your subscription covers your license, downloads, updates and support.
Because your marketplace runs on your own server, its data stays with you. We recommend that you keep regular backups of your marketplace at all times.
8. Acceptable use
You agree not to use the Service or the Software, and not to allow your sellers or shoppers to use your marketplace, to:
- sell or promote anything illegal, counterfeit, stolen or dangerous, or anything prohibited by Stripe’s list of restricted businesses;
- infringe anyone’s intellectual property, privacy or other rights;
- mislead, defraud or harass anyone, or send spam;
- upload malicious code to our systems, probe or break the security of our website, license or download systems, or try to access other customers’ accounts;
- overload or disrupt our systems, copy, distribute or resell the Software beyond what your license allows, or reverse-engineer it except where the law expressly permits.
If we become aware of a breach, we may suspend the affected part of the Service, such as downloads, updates or support. Where reasonable, we will contact you first and give you a chance to fix the problem.
9. Your data
“Customer Data” means the content and information that you, your sellers and your shoppers put into your marketplace — such as product listings, images, orders and customer details. You own your Customer Data.
Your marketplace runs on servers that you choose and control, so Customer Data stays with you. We do not host your marketplace and we do not have access to its data. The only information the Software sends us is the usage report described under “Fees, billing and usage reporting”, which contains aggregate monthly figures and no personal information about your sellers or shoppers. If you choose to share Customer Data with us — for example, to get help with a support request — we use it only to provide that help, as you instruct us. We do not sell Customer Data, and we do not use it to advertise to your sellers or shoppers.
Where Customer Data you share with us includes personal information, we process it on your behalf. Our Privacy Policy explains how we handle the personal information we collect for ourselves. You are responsible for making sure you have the right to use the Customer Data in your marketplace.
10. Your marketplace, sellers and shoppers
You operate your marketplace. We provide the Software, but we do not host, install, run or maintain your marketplace, and we are not a party to the relationships or transactions between you, your sellers and your shoppers. In particular, you are responsible for:
- hosting your marketplace, including choosing and paying for your server or cloud provider, your domain and your email sending service;
- installing the Software and its updates, and keeping your server, marketplace and data secure;
- backing up your marketplace data and restoring it if something goes wrong;
- deciding which sellers and products to approve, and the commission you charge;
- your agreements with your sellers and your terms of sale, returns and refund policies for shoppers;
- your own privacy notice for the sellers and shoppers who use your marketplace;
- customer service for your marketplace, and handling disputes between sellers and shoppers;
- complying with the laws that apply to your marketplace, including consumer-protection, tax, product-safety and data-protection laws.
11. Our intellectual property
We own the Service, including the Software, its design, our guides and the Marketplace Launchpad name and logo. Your right to use the Software is the license described above. Your own name, logo, brand and Customer Data remain yours.
If you send us suggestions or feedback, we may use them to improve the Service without any obligation to you.
12. Downloads, updates and support
While your subscription is active, we provide access to download the Software, updates and new releases as we make them available, our install and help guides, and support from our team. Installing updates is up to you, and we recommend staying on a current release.
Because you host your marketplace, we have no uptime, availability or performance obligations for your installation, and we are not responsible for your server, hosting provider, network, configuration or backups. We provide the Service with reasonable care and skill but do not guarantee that the Software will be uninterrupted or error-free.
We work to keep this website, your account and downloads available, and may occasionally carry out maintenance on them.
13. Third-party services
Payments for your subscription, and on your marketplace, are processed by Stripe. To take payments and pay your sellers, you and your sellers need Stripe accounts and must accept Stripe’s own terms. Stripe’s standard processing fees are charged by Stripe and are separate from our fees.
Your hosting provider, domain registrar and email sending service are third parties you choose, and you may also connect other third-party tools. Third-party services are governed by their own terms, and we are not responsible for their availability, content or fees.
14. Disclaimers
Except as expressly stated in these Terms, the Service, including the Software, is provided “as is” and “as available”, and we disclaim all other warranties to the fullest extent the law allows. Nothing we provide is legal, tax or financial advice.
15. Limitation of liability
To the fullest extent the law allows:
- neither of us is liable to the other for indirect, incidental, special or consequential losses, or for lost profits, revenue, goodwill or data;
- our total liability arising out of or relating to the Service is limited to the amount you paid us in the 12 months before the event giving rise to the claim.
Nothing in these Terms limits liability that cannot be limited by law.
16. Indemnity
You agree to defend and compensate us against claims brought by third parties — including your sellers and shoppers — that arise from your marketplace, your Customer Data, or your breach of these Terms or of the law.
17. Suspension and termination
We may suspend or end your access to the Service if you seriously or repeatedly breach these Terms, if fees remain unpaid after notice, if the law requires it, or if your use puts the Service, us or others at risk. Where reasonable, we will give you notice and a chance to put things right first.
You can end these Terms at any time by cancelling your subscription. The sections on license restrictions, your data, liability, indemnity and governing law continue to apply after these Terms end.
18. Changes to these terms
We may update these Terms from time to time. If a change is material, we will tell you by email or in your account at least 30 days before it takes effect. If you do not agree to the changes, you can cancel before they apply; continuing to use the Service afterwards means you accept them.
19. Governing law and disputes
These Terms are governed by the laws of the jurisdiction in which Marketplace Launchpad is established, without regard to its conflict-of-law rules, and the courts of that jurisdiction have jurisdiction over any dispute. Before starting any formal proceedings, please contact us so we can try to resolve the issue informally. Nothing in this section removes any rights you have under laws that cannot be waived.
20. General
These Terms, together with any order form and our Privacy Policy, are the entire agreement between us about the Service. You may not transfer your rights under these Terms without our consent; we may transfer ours as part of a merger, acquisition or sale of assets. If any part of these Terms is found unenforceable, the rest remains in effect. Not enforcing a right straight away does not mean we have waived it. Neither of us is responsible for delays caused by events beyond reasonable control.
21. Contact us
Questions about these Terms? email us at sales@mp-lp.com or use our contact form.