Marketfuel Terms of Service

Last Updated 4/9/2024

1. Introduction

Welcome to Marketfuel! We provide a comprehensive Software as a Service (SaaS) solution designed for the promotional products industry, offering a seamless platform for businesses to create and manage branded e-commerce storefronts.

2. Acceptance of Terms

By accessing or using Marketfuel's services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service ("Terms"), including any additional terms and policies referenced herein and/or available by hyperlink. If you are accessing the services on behalf of an organization, you represent that you have the authority to bind that organization to these Terms, and in such context, “you” and “your” will refer to that organization.

3. Use of Our Services

3.1 Eligibility

You must be at least 18 years of age, or the age of majority in your jurisdiction, to use our services. By using our services, you represent and warrant that you meet this eligibility requirement.

3.2 Account Registration

To access certain features of our services, you may need to register for an account. By creating an account, you agree to:

  • Provide accurate, current, and complete information.

  • Maintain the security of your password and accept all risks of unauthorized access to your account.

  • Promptly update your account information to keep it accurate, current, and complete.

3.3 License to Use

Subject to your compliance with these Terms, Marketfuel grants you a limited, non-exclusive, non-transferable, revocable license to use the services for your internal business purposes.

3.4 Restrictions on Use

You agree not to misuse the Marketfuel services. Specifically, you shall not:

  • Copy, modify, distribute, sell, or lease any part of our services.

  • Use our services to store or transmit malicious code.

  • Attempt to gain unauthorized access to our services or related systems or networks.

3.5 Your Responsibilities

You acknowledge and agree to provide public-facing contact information, a refund policy, and order fulfillment timelines on your Marketfuel storefront. You acknowledge and agree that Marketfuel's services are not a marketplace, and any contract of sale made through the services is directly between you and the customer. You are the seller of record for all items you sell through the services. You are responsible for the creation and operation of your Marketfuel storefront, your materials, the goods and services that you may sell through the services, and all aspects of the transactions between you and your customer(s). This includes, but is not limited to, authorizing the charge to the customer in respect of the customer’s purchase, handling refunds, returns, fulfilling any sales or customer service, managing fraudulent transactions, complying with required legal disclosures, ensuring regulatory compliance, addressing any alleged or actual violation of applicable laws (including but not limited to consumer protection laws in any jurisdiction where you offer products or services for sale), or your breach of these Terms of Service. You represent and warrant that your storefront, your materials, and the goods and services you sell through the services will be true, accurate, and complete, and will not violate any applicable laws, regulations, or rights of third parties. For the avoidance of doubt, Marketfuel will not be the seller or merchant of record and will have no responsibility for your storefront or items sold to customers through the services.

4. Payments, Fees, and Taxes

4.1 Payment Obligations

You will pay the fees applicable to your subscription to Marketfuel’s services (“Subscription Fees”) and any other applicable fees, including but not limited to fees relating to the use of all payment providers, additional services such as apps, themes, domain names, or third-party services (“Additional Fees”). Together, the Subscription Fees and the Additional Fees are referred to as the “Fees.”

4.2 Payment Methods and Billing

You must keep a valid payment method on file with us to pay for all incurred and recurring Fees. Marketfuel will charge applicable Fees to any valid payment method that you authorize (“Authorized Payment Method”), and will continue to charge the Authorized Payment Method for applicable Fees until the services are terminated, and any and all outstanding Fees have been paid in full. Subscription Fees are paid in advance and will be billed in 30-day intervals. Additional Fees will be charged as they are incurred. You will be charged on each Billing Date for all outstanding Fees not previously charged.

4.3 Invoices and Disputes

Fees will appear on an invoice, which will be sent via the primary email address provided. You will have approximately two weeks to bring up and settle any issues with the billing of Subscription Fees.

4.4 Failure to Pay

If payment of Fees cannot be processed through your Authorized Payment Method, we may attempt to process payment using any Authorized Payment Method on file. If payment of Fees is not successfully processed within 28 days from our first attempt, we may suspend and revoke access to your account and the services. Access will be reactivated upon your payment of any outstanding Fees, plus the Fees applicable to your next billing cycle.

4.5 Taxes

All Fees are exclusive of applicable federal, state, local, or other governmental sales, goods and services, harmonized or other taxes, fees, or charges now in force or enacted in the future (“Taxes”). You are responsible for all applicable Taxes that arise from or as a result of your subscription to or purchase of Marketfuel’s products and services. To the extent that Marketfuel charges these Taxes, they are calculated using the tax rates that apply based on the billing address you provide to us. If you are exempt from payment of such Taxes, you must provide us with an original certificate that satisfies applicable legal requirements attesting to tax-exempt status. You are responsible for determining if Taxes are payable, and if so, self-remitting Taxes to the appropriate tax authorities in your jurisdiction.

4.6 Responsibility for Tax Reporting and Remittance

You are solely responsible for determining, collecting, withholding, reporting, and remitting applicable taxes, duties, fees, surcharges, and additional charges that arise from or as a result of any transaction made through your use of the services. The services are not a marketplace; any contract of sale made through the services is directly between you and the customer. Marketfuel does not provide refunds.

5. Intellectual Property

The services, including the text, graphics, images, photographs, videos, illustrations, and other content contained therein, are owned by Marketfuel or our licensors and are protected under both United States and foreign laws.

6. Termination

Marketfuel may terminate or suspend your access to and use of the services immediately, without notice or liability, if Marketfuel determines in its sole discretion that you have breached these Terms.

7. Limitation of Liability

You expressly understand and agree that, to the extent permitted by applicable laws, Marketfuel and its suppliers will not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses arising out of or relating to the use of or inability to use the Service or these Terms of Service (however arising, including negligence).

8. Indemnification

You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Marketfuel partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of (a) your breach of these Terms of Service or the documents it incorporates by reference; (b) your violation of any law or the rights of a third party; or (c) any aspect of the transaction between you and your customers, including but not limited to refunds, fraudulent transactions, alleged or actual violation of applicable laws (including but not limited to Federal and State consumer protection laws), or your breach of the Terms of Service.

9. Disclaimer of Warranties

Your use of the Services is at your sole risk. The Services are provided on an "as is" and "as available" basis without any warranty or condition, express, implied, or statutory. Marketfuel does not warrant that the Services will be uninterrupted, timely, secure, or error-free. Marketfuel does not warrant that the results that may be obtained from the use of the Services will be accurate or reliable. Marketfuel is not responsible for any of your tax obligations or liabilities related to the use of Marketfuel’s Services. Marketfuel does not warrant that the quality of any products, services, information, or other material purchased or obtained by you through the Services will meet your expectations, or that any errors in the Services will be corrected.

10. Modification of the Service

Marketfuel reserves the right at any time to modify or discontinue, temporarily or permanently, the service (or any part thereof) with or without notice. You agree that Marketfuel shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the service.

11. Governing Law

These Terms and any action related thereto will be governed by the laws of Florida, USA without regard to its conflict of laws provisions. Any disputes arising from these Terms or your use of the services will be subject to the exclusive jurisdiction of the courts of Florida, USA.

12. Changes to the Terms

We reserve the right, in our sole and absolute discretion, to update or change any portion of the Terms of Service at any time. We will provide you with reasonable advance notice of changes to the Terms of Service that materially adversely affect your use of the Services or your rights under the Terms of Service by sending an email to the primary email address registered with your account, providing notice through the Marketfuel administrative console, or by similar means.

However, Marketfuel may make changes that materially adversely affect your use of the Services or your rights under the Terms of Service at any time and with immediate effect for:

  • Legal, regulatory, fraud and abuse prevention, or security reasons; or

  • To restrict products or activities that we deem unsafe, inappropriate, or offensive.

Unless we indicate otherwise in our notice (if applicable), any changes to the Terms of Service will be effective immediately upon posting of such updated terms at this location. Your continued access to or use of the Services after we provide such notice, if applicable, or after we post such updated terms, constitutes your acceptance of the changes and consent to be bound by the Terms of Service as amended. If you do not agree to the amended Terms of Service, you must stop accessing and using the Services.

13. Changes to Fees

Marketfuel may change the fees for the Services from time to time. We will provide you with 30 days' advanced notice prior to any changes in fees by sending an email to the primary email account registered with your account, providing notice through the Marketfuel administrative console, or by similar means. Marketfuel will not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Services (or any part thereof).

14. General Provisions

14.1 Waiver and Severability

The failure of Marketfuel to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. If any provision of these Terms of Service, or any portion thereof, is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it enforceable, reflecting the parties' original intent as closely as possible, and the remaining provisions of these Terms of Service will continue in full force and effect.

15. Contact Information

For any questions about these Terms of Service, please contact us at:

Marketfuel Rights

Marketfuel reserves the right to modify the Services or any part thereof for any reason at any time without notice, except as prohibited by these Terms or applicable law. We do not pre-screen Materials but may, in our discretion, refuse or remove any Materials from the Services. Verbal or written abuse of any Marketfuel employee or member will result in immediate account termination. We may serve your competitors and offer no exclusivity in service provision. Marketfuel employees and contractors may also operate as customers or merchants on the platform, without using your Confidential Information for competition.

In disputes over account ownership, Marketfuel may request documentation to confirm account ownership and reserves the right to make final decisions on such disputes, potentially leading to account transfer or suspension until resolution.

Prohibited Products

Selling certain types of products on Marketfuel is prohibited. This includes, but is not limited to:

  • Age-restricted products (e.g., alcohol, tobacco)

  • Animals and certain animal products

  • Automobiles and motorized vehicles

  • Cannabis products

  • Drugs and drug paraphernalia

  • Financial or professional services

  • Hazardous materials

  • Human parts

  • Mature content

  • Means of payment and currency

  • Medical devices

  • Surveillance equipment

  • Tickets

  • Weapons, ammunition, and explosives

This list serves to ensure compliance with legal and ethical standards and may be updated in accordance with regulatory changes.