Terms of Service

Terms of Service

Marketfier LLC Effective Date: February 15, 2026 Last Updated: February 15, 2026

1. Acceptance of Terms

These Terms of Service ("Terms") govern your access to and use of the Marketfier platform at marketfier.com (the "Platform") operated by Marketfier LLC ("Marketfier," "we," "us," or "our"). By creating an account or using the Platform, you ("you" or "User") agree to be bound by these Terms, our Privacy Policy, and our Acceptable Use Policy.

If you are using the Platform on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

2. Description of Service

Marketfier is a scheduling, event management, and marketing automation platform that provides:

  • Scheduling: Online appointment booking, availability management, and calendar integrations.
  • Event Management: Event creation, ticketing, attendee management, and check-in.
  • Marketing Automation: Contact management, email campaigns, audience segmentation, lead scoring, and automated workflows.
  • Notifications: SMS and email reminders for bookings and events.
  • Payment Processing: Integration with Stripe Connect for paid bookings and event tickets.

3. Account Registration

3.1 Eligibility

You must be at least 16 years old and capable of forming a binding contract to use the Platform.

3.2 Account Security

You are responsible for:

  • Maintaining the confidentiality of your login credentials.
  • All activity that occurs under your account.
  • Notifying us immediately of any unauthorized access at [email protected].

We are not liable for any loss arising from unauthorized use of your account.

3.3 Accurate Information

You agree to provide accurate, current, and complete information during registration and to update it as necessary.

4. Subscriptions and Billing

4.1 Subscription Plans

Access to the Platform requires an active subscription. Plan details, pricing, and features are described on our website.

4.2 Billing

Subscription fees are billed in advance on a recurring basis (monthly or annually). You authorize us to charge your payment method on file for all applicable fees.

4.3 Cancellation

You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of the current billing period. No prorated refunds are provided for partial billing periods.

4.4 Price Changes

We may change subscription pricing with 30 days' advance notice via email. Continued use after the effective date constitutes acceptance of the new pricing.

5. Payment Processing (Stripe Connect)

5.1 Your Stripe Account

When you connect a Stripe account to accept payments for bookings or events, you establish a direct relationship with Stripe Inc. You are the merchant of record for all transactions processed through your connected Stripe account. Marketfier facilitates the connection but does not process, hold, or have access to your funds.

5.2 Platform Fee

Marketfier does not take a percentage, commission, or application fee from payments made to your Stripe account. Standard Stripe processing fees apply as described in Stripe's pricing.

5.3 Your Responsibility

You are solely responsible for:

  • Compliance with Stripe's Terms of Service and Connected Account Agreement.
  • Managing refunds, disputes, and chargebacks in your Stripe dashboard.
  • Tax collection, reporting, and remittance on payments you receive.
  • Setting appropriate pricing and refund policies for your bookings and events.
  • Communicating refund policies to your customers.

5.4 Event Cancellation and Refunds

If you cancel an event or booking for which customers have paid, you are solely responsible for issuing refunds through your Stripe account. Marketfier is not liable for any financial disputes between you and your customers.

6. SMS and Text Messaging Terms

6.1 Program Description

Marketfier sends SMS text messages for booking reminders and event notifications to users who have opted in. Messages are sent on behalf of businesses and event organizers who use the Platform.

6.2 Message Frequency

Message frequency varies based on your booking and event activity. Typical frequency:

  • Up to 3 messages per booking (confirmation, reminder, follow-up).
  • Up to 5 messages per event (confirmation, updates, reminders).

6.3 Message and Data Rates

Message and data rates may apply. Standard carrier rates apply depending on your mobile plan. Marketfier does not charge for SMS messages beyond your subscription fee.

6.4 Opt-Out

Reply STOP to any message to unsubscribe. You may also opt out by updating your notification preferences in your account settings or contacting [email protected]. After opting out, you will receive a one-time confirmation message.

6.5 Help

Reply HELP to any message for assistance or contact [email protected].

6.6 Carrier Liability

Carriers are not liable for delayed or undelivered messages. Message delivery is subject to carrier network availability and device compatibility.

6.7 Consent

By opting in to SMS notifications, you consent to receive recurring automated text messages from Marketfier at the phone number provided. Consent is not a condition of purchase or use of the Platform.

6.8 Compliance

You are responsible for ensuring that all SMS messages sent through the Platform to your contacts comply with applicable laws, including the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, and any other applicable telecommunications regulations. You must obtain proper opt-in consent from recipients before sending any messages.

7. Email and Marketing Communications

7.1 Compliance

You are responsible for ensuring that all emails and marketing communications sent through the Platform comply with:

  • CAN-SPAM Act (United States)
  • General Data Protection Regulation (GDPR, European Union)
  • Canada's Anti-Spam Legislation (CASL)
  • Any other applicable anti-spam or marketing legislation in your jurisdiction

7.2 Consent and Contact Data

You represent and warrant that:

  • You have obtained proper consent from all contacts in your lists to receive communications.
  • You have not purchased, rented, or scraped contact lists.
  • You will honor all unsubscribe and opt-out requests promptly.
  • You will regularly maintain and clean your contact lists.

7.3 Content Responsibility

You are solely responsible for the content of emails, campaigns, and messages you create and send through the Platform. Marketfier does not review, approve, or endorse user-created content before delivery.

7.4 Prohibited Content

You may not send emails or campaigns that contain:

  • Deceptive or misleading content or subject lines.
  • Phishing, malware, or social engineering attacks.
  • Content promoting illegal activities.
  • Content that violates any third-party intellectual property rights.

8. Event Organizer Obligations

If you use the Platform to create and manage events:

8.1 Accuracy

You are responsible for providing accurate event information, including dates, times, locations, pricing, and descriptions.

8.2 Attendee Obligations

You are responsible for fulfilling all obligations to your attendees, including delivering the event as described, processing refunds for cancelled events, and complying with any consumer protection laws in your jurisdiction.

8.3 Ticket Sales

You are the seller of record for all tickets sold through the Platform. Marketfier facilitates the technology but is not a party to the transaction between you and your attendees.

9. Acceptable Use

You agree to comply with our Acceptable Use Policy, which is incorporated into these Terms by reference. In summary, you may not use the Platform to:

  • Send unsolicited bulk messages (spam) via email or SMS.
  • Violate any applicable law, regulation, or third-party rights.
  • Distribute malware, phishing content, or harmful code.
  • Send SMS messages without verifiable recipient opt-in consent.
  • Circumvent rate limits, security measures, or access controls.
  • Impersonate another person or entity.
  • Use the Platform for illegal, fraudulent, or deceptive purposes.

Violation of the Acceptable Use Policy may result in immediate account suspension or termination.

10. Intellectual Property

10.1 Platform

The Platform, including its design, code, features, and documentation, is the property of Marketfier LLC and is protected by intellectual property laws. Your subscription grants you a limited, non-exclusive, non-transferable, revocable license to use the Platform for its intended purpose.

10.2 Your Content

You retain ownership of all content you create, upload, or transmit through the Platform, including contacts, campaigns, event content, and booking configurations. By using the Platform, you grant us a limited license to store, process, transmit, and display your content solely for the purpose of providing and operating the service.

10.3 Feedback

Any feedback, suggestions, or ideas you provide about the Platform may be used by Marketfier without obligation or compensation to you.

11. Privacy

Your use of the Platform is governed by our Privacy Policy at https://marketfier.com/privacy, which describes how we collect, use, and protect your information, including provisions regarding SMS data and mobile information handling.

12. Third-Party Services

The Platform integrates with third-party services including Stripe, Twilio, Google Calendar, and others. Your use of these integrations is subject to the respective third-party terms of service. Marketfier is not responsible for the availability, accuracy, security, or practices of third-party services.

13. Service Availability

13.1 Uptime

We strive to maintain high availability but do not guarantee uninterrupted or error-free service. The Platform may be temporarily unavailable due to scheduled maintenance, updates, or circumstances beyond our control.

13.2 Modifications

We reserve the right to modify, update, or discontinue any feature of the Platform at any time. We will provide reasonable notice for material changes that affect your use of the Platform.

14. Limitation of Liability

14.1 Disclaimer of Warranties

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, OR RELIABILITY.

WE DO NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

14.2 Limitation

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MARKETFIER LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES ARISING FROM YOUR USE OF THE PLATFORM.

OUR TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID TO MARKETFIER IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

14.3 Specific Disclaimers

Marketfier is not liable for:

  • Payment disputes, chargebacks, fraud, or financial losses arising from transactions processed through your Stripe account.
  • Email or SMS delivery failures caused by carrier networks, spam filters, or recipient settings.
  • Inaccurate event information, cancelled events, or unfulfilled attendee obligations.
  • Data loss resulting from third-party service outages.
  • Actions taken by your contacts in response to campaigns you send.

15. Indemnification

You agree to indemnify, defend, and hold harmless Marketfier LLC, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, or expenses (including reasonable legal fees) arising from:

  • Your use of the Platform.
  • Your violation of these Terms or any applicable law.
  • Content you create, upload, or send through the Platform.
  • Your violation of any third-party rights.
  • Disputes between you and your customers, attendees, or contacts.
  • Your failure to comply with SMS, email, or marketing regulations.

16. Termination

16.1 By You

You may terminate your account at any time by canceling your subscription and contacting [email protected].

16.2 By Us

We may suspend or terminate your account immediately if you:

  • Violate these Terms or the Acceptable Use Policy.
  • Engage in fraudulent, illegal, or harmful activities.
  • Fail to pay subscription fees after notice.
  • Generate excessive spam complaints or carrier violations.

16.3 Effect of Termination

Upon termination:

  • Your access to the Platform will cease immediately.
  • Your data will be retained for 30 days to allow export, after which it may be permanently deleted.
  • You may request an export of your data before deletion by contacting [email protected].
  • Scheduled bookings and active events will remain accessible to attendees for a reasonable transition period.
  • Any outstanding payment obligations survive termination.
  • Sections 10, 14, 15, and 17 survive termination.

17. Dispute Resolution

17.1 Governing Law

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

17.2 Arbitration

Any disputes arising from these Terms or your use of the Platform shall be resolved through binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The arbitration shall be conducted in English.

17.3 Class Action Waiver

You agree to resolve disputes on an individual basis and waive the right to participate in any class action, class-wide arbitration, or representative proceeding.

17.4 Exceptions

Either party may seek injunctive or equitable relief in a court of competent jurisdiction to protect intellectual property rights or prevent irreparable harm.

18. General Provisions

  • Entire Agreement: These Terms, together with the Privacy Policy and Acceptable Use Policy, constitute the entire agreement between you and Marketfier.
  • Severability: If any provision is found unenforceable, the remaining provisions remain in full force and effect.
  • Waiver: Failure to enforce any provision does not constitute a waiver of that provision or any other.
  • Assignment: You may not assign or transfer these Terms without our prior written consent. We may assign our rights and obligations freely in connection with a merger, acquisition, or sale of assets.
  • Force Majeure: We are not liable for delays or failures caused by events beyond our reasonable control, including natural disasters, pandemics, government actions, or infrastructure failures.
  • Notices: We may send notices via email to the address associated with your account. You may send notices to [email protected].

19. Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes by email or through the Platform at least 30 days before the effective date. Continued use after the effective date constitutes acceptance.

20. Contact Us

For questions about these Terms:

Marketfier LLC Email: [email protected] Website: https://marketfier.com

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