Terms of Service

1. Who we are, and what this covers

MartMint is operated by MARTMINT LTD, a private company limited by shares registered in England and Wales (company number 17373502), whose registered office is 20 Wenlock Road, London, England, N1 7GU. In these Terms, "we", "us" and "MartMint" mean MARTMINT LTD.

"You" means the business that opens a MartMint account. These Terms form a binding agreement between you and us, covering the MartMint dashboard, the storefront we host for you, our mobile applications, our APIs, and anything else we provide as part of the service (together, the "Platform").

2. What MartMint is — and is not

We provide software. You use it to list products, take orders, and manage your own customers. We are a technology provider only.

We are not:

• the seller of anything sold through your storefront — you are, in every case, and you are the trader for the purposes of consumer law;
• a party to the contract between you and your customer;
• a payment institution, an e-money issuer, or a money transmitter, and we are not authorised by the Financial Conduct Authority;
• a marketplace that takes possession of your customers' money.

Your customers currently pay you directly — at the time of writing, by cash on delivery. Their money does not pass through us at any point. If we later introduce a payment method where funds are handled by a third-party payment provider, that provider's terms will govern those funds and we will tell you before it applies to your store.

You are responsible for everything you sell: its description, its legality, its safety, its price, its delivery, and every obligation you owe your customer under consumer protection, product safety, and distance-selling law in the places you sell. If a customer complains, refunds, returns, or takes action, that is between you and them.

3. Your account

You must be at least 18 and acting in the course of a business. MartMint is a business tool and is not offered to consumers, so the statutory rights that apply to consumer contracts — including the 14-day right to cancel under the Consumer Contracts Regulations 2013 — do not apply to your agreement with us.

Give us accurate information and keep it current. You are responsible for everything done under your account, including by staff you invite. Keep credentials secret, and tell us promptly at [email protected] if you believe your account has been accessed by someone who should not have it.

Where we create an account on your behalf — because you asked us to, or as part of an offline arrangement — you will be asked to accept these Terms the first time you sign in. Until you do, we may limit what the account can do.

4. Plans, fees and payment

MartMint is offered on several plans. What each plan costs and includes is shown in the dashboard and on our website at the time you buy, and that is the price that applies to you.

Prices are stated in US dollars and are exclusive of any taxes that may apply to you. MARTMINT LTD is not currently registered for VAT and does not charge VAT. If that changes, we will tell you before it affects an invoice.

Transaction fees are recorded against your account as they accrue and invoiced to you separately. They are payable whether or not you have collected from your customer — the fee is for the use of the Platform to take the order, not a share of your customer's payment.

We may change our prices. If a change affects a plan you are already on, we will give you at least 30 days' notice before it takes effect, and it will apply from your next renewal — never mid-period. If you do not want the new price, turn off renewal before that date.

5. AI features

Some plans include AI features — a shopping assistant, product description and SEO generation, business insights, and WhatsApp reply drafting. AI usage is measured in "actions". Your plan includes an allowance of actions each month, and that allowance resets at the start of each calendar month. It does not roll over.

You can buy additional actions in packs. A pack is valid for 30 days from purchase and is used only after your monthly plan allowance is exhausted. Unused actions in a pack expire at the end of that 30-day window and are not refundable.

AI output is generated automatically and may be wrong, incomplete, or unsuitable. You are responsible for reviewing anything you publish or send. Do not rely on AI output for legal, tax, financial, or medical purposes. We do not warrant that AI output is accurate, original, or free of third-party rights.

AI features are delivered using third-party model providers. Content you submit to an AI feature is sent to those providers for processing. Do not submit personal data you would not want processed that way, and do not submit anything confidential to you or to a third party.

6. Acceptable use

You must not use MartMint to:

• sell anything you are not lawfully permitted to sell, or that we are not lawfully permitted to help you sell;
• sell weapons, controlled drugs, counterfeit goods, stolen goods, live animals, human remains or tissue, or anything requiring a licence you do not hold;
• infringe anyone's intellectual property, publicity, or privacy rights;
• send unsolicited marketing, or message people who have not consented where consent is required;
• misrepresent who you are, what you sell, or where you are;
• attempt to break, overload, probe, or reverse-engineer the Platform, or access data that is not yours;
• resell, white-label, or provide the Platform to third parties as your own service without our written agreement.

We do not routinely review what merchants list. If we become aware of a breach of this section we may remove content, suspend the account, or terminate it, depending on how serious it is and whether it can be put right.

7. Data — who is responsible for what

There are two different kinds of personal data on the Platform, and our role is different for each.

As controller of your customers' data you must have a lawful basis for collecting it, give your customers the notice the law requires, honour their rights, and only ask us to do things that are lawful. Our processing of that data is governed by our Data Processing Addendum at martmint.com/legal/dpa, which forms part of these Terms and which you accept by accepting these Terms — no separate signature is needed.

We will not sell your customers' data, and we will not use it to market to your customers on our own behalf. We use aggregated and anonymised information about Platform usage to operate and improve the service.

8. Your content, and our software

You keep every right you already have in your products, images, text, logos and customer data. You give us a non-exclusive, worldwide, royalty-free licence to host, copy, transmit, resize and display that content, but only so far as we need to in order to run the Platform for you and to back it up.

We keep every right in the Platform itself — the software, the design, the templates we author, the documentation and the MartMint name and logo. Nothing here transfers any of that to you. You get a non-exclusive, non-transferable right to use the Platform for your own business while your account is active and your fees are paid.

If you send us feedback or suggestions, we may use them without owing you anything for them.

9. Availability

We work to keep the Platform available and we take backups, but we do not promise uninterrupted or error-free service. We may take the Platform down for maintenance, and we will give notice where the work is planned and the interruption is material.

Parts of the Platform depend on third parties — hosting, email delivery, AI model providers, messaging platforms, payment providers, delivery carriers. If one of them fails or changes what it offers, the feature that depends on it may be degraded or withdrawn. We will tell you if we withdraw a feature you are actively using.

We do not offer a contractual uptime guarantee or service credits on standard plans. If you need one, ask us about an Enterprise agreement.

10. Suspension

We may suspend your account, in whole or in part, if:

• your payment fails and remains unpaid after we have told you and given you a reasonable chance to fix it;
• you materially breach these Terms, including the acceptable use section;
• we are required to by law, or by a provider we depend on;
• your use is causing, or is about to cause, a security or stability problem for other merchants.

A suspension for non-payment is deliberately narrow: you will keep access to your orders, your customers and your billing screens, so you can see what you owe and settle it. We are not going to lock the one person who can pay out of the screen where they pay.

11. Ending the agreement

You can stop using MartMint at any time. Turning off renewal ends the agreement at the end of your current billing period. You can also close your account outright, which ends it immediately.

Fees already paid are not refundable except as set out in our Refund Policy. If you cancel part-way through a period, you keep your plan until that period ends.

We may end this agreement on 30 days' written notice, or immediately if you materially breach it and either cannot or do not put it right within 14 days of us asking.

When the agreement ends, your storefront stops being served and your dashboard access ends. We keep your data for 30 days so you can ask for an export, then delete or anonymise it, except where we must keep records longer — payment and invoicing records in particular, which we keep for six years to meet UK tax and accounting requirements.

12. Warranties and disclaimers

We provide the Platform with reasonable care and skill. Beyond that, and to the fullest extent the law allows, the Platform is provided "as is" and we exclude all other warranties, whether express, implied, or statutory — including fitness for a particular purpose and non-infringement.

We do not warrant that the Platform will meet your requirements, that it will make you money, or that any AI output, analytics figure, insight or forecast it produces is accurate. Business decisions you make using it are yours.

13. Liability

Nothing in these Terms limits or excludes liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for anything else that cannot lawfully be limited.

Subject to that, we are not liable to you for:

• loss of profit, revenue, business, contracts, goodwill or anticipated savings;
• loss or corruption of data, except to the extent it results from our failure to take the backup measures we describe;
• any indirect or consequential loss;
• anything arising from your goods, your customers, your other suppliers, or your own breach of these Terms.

Subject to the paragraphs above, our total liability to you for all claims in any 12-month period is limited to the total fees you paid us in the 12 months before the event giving rise to the claim.

14. Indemnity

You will indemnify us against claims, losses and reasonable costs arising from what you sell, the content you publish, your handling of your customers' data, and your breach of these Terms. We will tell you promptly about any such claim, let you control the defence of it where you accept responsibility, and not settle it without your agreement.

15. Confidentiality

Each of us may learn things about the other that are not public. Neither of us will disclose the other's confidential information except to people who need it and are under equivalent obligations, or where the law requires it.

16. Changes to these Terms

We may change these Terms. Every version carries a version identifier and an effective date, both shown at the top of this page.

For a material change we will give you at least 30 days' notice by email or in the dashboard, and you will be asked to accept the new version the next time you sign in. If you do not accept it, you can close your account before it takes effect. Continuing to use the Platform after the effective date means you accept it.

We record the version you accepted, when you accepted it, and the IP address it came from. That record is what we produce if a charge is ever disputed.

17. General

You may not transfer this agreement without our written consent. We may transfer it to a company that acquires our business, and will tell you if we do.

If any part of these Terms is found unenforceable, the rest continues to apply. A delay in enforcing a right is not a waiver of it.

These Terms, together with the Privacy Policy, the Refund Policy and the Data Processing Addendum, are the whole agreement between us about the Platform, and replace anything said or written before.

Nobody who is not a party to this agreement has any right to enforce it under the Contracts (Rights of Third Parties) Act 1999.

18. Governing law, and the governing language

These Terms and any dispute arising out of them are governed by the law of England and Wales, and the courts of England and Wales have exclusive jurisdiction.

The English text of these Terms is the only version that governs. Any translation is provided for convenience; where a translation and the English text differ, the English text prevails.

19. Contact

MARTMINT LTD, 20 Wenlock Road, London, England, N1 7GU. Company number 17373502. Email [email protected] for support and [email protected] for anything about this agreement.