Terms of Service

These Terms of Service ("Terms") govern your access to and use of the MarkPaid platform ("MarkPaid", "we", "us", or "our"), available at https://usemarkpaid.com (the "Service").

By creating an account or using the Service, you agree to be bound by these Terms.

If you are using MarkPaid on behalf of a company, you represent that you have authority to bind that company to these Terms.

1. The Service

MarkPaid is a receivables sequence platform that helps businesses manage invoice follow-ups and accounts receivable workflows using email, SMS, voice, and integrations such as QuickBooks Online.

MarkPaid is not a collections agency, law firm, or payment processor and does not provide legal, accounting, or financial advice.

2. Account Registration

You must provide accurate and complete information when creating an account and keep your information up to date. You are responsible for all activity under your account and for safeguarding your credentials.

3. Customer Data and Legal Responsibility

You represent and warrant that:

• You have the legal right to contact your customers regarding their invoices and accounts.
• You have obtained all legally required consents to contact customers via SMS and/or automated calls where applicable.
• All data you upload or sync (including from QuickBooks or CSV files) is lawfully obtained and accurate.

You are solely responsible for the content of messages sent through MarkPaid and for compliance with all applicable laws, including but not limited to CASL, PIPEDA, Quebec Law 25, TCPA (if applicable), and any other local or international laws.

4. Transactional Messaging

MarkPaid is designed to send transactional and relationship messages related to invoices and payments.

MarkPaid enforces channel-level opt-outs (including SMS and voice) and will automatically suppress messages to recipients who have opted out of those channels.

You agree not to use the Service for marketing, spam, or unlawful messaging.

5. Acceptable Use

You agree not to:

• Use the Service for illegal, misleading, abusive, or harmful purposes.
• Send unsolicited marketing messages.
• Attempt to access data belonging to other customers.
• Interfere with or disrupt the Service.

We reserve the right to suspend or terminate your account for violations.

6. Integrations (QuickBooks, etc.)

By connecting third-party services (such as QuickBooks Online), you authorize MarkPaid to access and process data from those services solely to provide the Service.

You are responsible for complying with the terms of those third-party services.

7. Data Ownership

You retain all rights to your data. MarkPaid processes your data only to provide and improve the Service, as described in the Privacy Policy.

8. Fees and Payment

Fees are billed according to your subscription plan. All fees are non-refundable except as required by law.

9. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MARKPAID SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.

MARKPAID'S TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID TO MARKPAID IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

11. Termination

You may stop using the Service at any time. We may suspend or terminate your access if you violate these Terms.

12. Changes

We may update these Terms from time to time. Continued use of the Service constitutes acceptance of the updated Terms.

13. Governing Law and Jurisdiction

These Terms are governed by the laws of the Province of Quebec and the federal laws of Canada applicable therein.

14. Contact

MarkPaid
[Your legal entity name]
[Your Quebec address]
support@usemarkpaid.com