1. General provisions

1.1. When using any of the functions or services of the Site, any legally capable individual or legal entity (hereinafter the User) is bound by the rules and restrictions set out in this User Agreement (hereinafter the Agreement).

1.2. This Agreement is a public offer. The User accepts the terms of the following documents governing the use of the “MARKET-UP” service:

• this User Agreement;
• the Privacy Policy;
• the Cookie Policy;
• the Terms of Use of Subscriptions;
• the Rules for Creating Subscriptions;
• the Agreement on the Purchase and Use of a Subscription;
• the Program for the Sale and Resale of Subscriptions;
• the Refund Policy;
• the Business Blog Terms;
• the Legal Information on Income and Risks.

1.3. The Agreement is public, and its terms are the same for all Users. The documents listed are an integral part of the Agreement. In the event of a conflict between them, this Agreement applies.

1.4. Acceptance of the terms of the Agreement is deemed to occur upon use of the Site: going to the address www.market-up.co using a web browser, an application or any other device that can display the pages of the Site, as well as registration and login. If the User, for any reason, does not agree with the terms of the Agreement in whole or in part, the User should leave the Site.

1.5. By continuing to use the Site, the User confirms that they have read the Agreement, understand and accept its terms, represent and warrant that the registration information they have provided is truthful, accurate and complete, and undertake to keep it up to date.

2. Terms and definitions

The terms used to denote the functions of the Site, its elements, sections and services are used in the sense in which they are used in the interface of the Site www.market-up.co. Unless the context requires otherwise, the terms below have the following meanings:

Subscription — a permanent discount from a specific Author on its goods or services, issued as a digital document on the Site, which gives the Holder the right to receive the stated discount an unlimited number of times during the validity period of the Subscription.

Author (Company-author) — an individual or legal entity that owns a business (goods or services), or its representative under a notarized power of attorney, that issues Subscriptions on the Site.

Authorization — logging in to the User’s Profile by entering the registered login and password and pressing the “Log in” button. Authorization confirms the User’s acceptance of the terms of the Agreement.

Activation of a Subscription — an action by the Holder (the “Activate subscription” button) after which the Subscription is considered to be in use. After activation, the Subscription can no longer be exchanged.

Balance — the part of the Author’s Profile to which the Author’s income from purchases of its Subscriptions is credited.

Dialog window — a function of the Site for quick messaging between Users or with the Site administration.

Deactivation of the User’s profile — technical and organizational actions carried out by the Platform or the security service and aimed at restricting or suspending the User’s ability to access the services of the Site from their profile. A profile is blocked in order to stop violations on the Site or in cases of breach of the Agreement.

Holder — a User who has a Subscription (the original or a Duplicate).

Duplicate — a copy of a Subscription that the Holder may give to another person for free or sell. The original Subscription always remains with the Holder.

“Buy” — a button denoting the Buyer’s ability to purchase a Subscription at the fixed price established by the Agreement.

User’s login — (nickname, username) the User’s identifier on the Site, used to denote them in the system, to access the profile and for other purposes stated in the Agreement.

General Gallery — the section of the Site in which all published Subscriptions are displayed. “Gallery” is the section of the User’s personal account in which the User’s Subscriptions are located.

Stopping a Subscription — the Author’s ceasing to provide the discount under a Subscription and to sell new Subscriptions and Duplicates.

Payment provider — a third-party organization that processes payments and payouts in connection with the use of the Site.

Platform (Company, “MARKET-UP”) — the Site-platform www.market-up.co and its operator.

Buyer — a User who makes a purchase on the Site.

User — an individual or legal entity that, as a result of completing the established procedures, gains access to the services of the Site.

User Agreement — this Agreement governing the relationship between the Platform and Users. A person intending to use the services of the Site must accept its terms.

Inviter — a User through whose referral link or ID an Author registered on the Platform.

Seller — a User who sells Subscriptions or their Duplicates (including an Author).

User’s Profile (personal account, Back Office) — the part of the Site that allows the User to see their Subscriptions, the history of purchases and sales, the Balance, credits and individual messages.

Registration — the procedure of creating the User’s profile on the Site, during which the User fills in the forms of the Site and provides the necessary information. Acceptance of the terms of the Agreement is a mandatory stage of registration.

Rating — a system of conditional assignment of quality indicators to Subscriptions in order to highlight Subscriptions that have received the greatest number of approvals. The rating is compiled on the basis of reviews and marks left by Users.

Site — the “MARKET-UP” website (www.market-up.co) — a platform for placing Subscriptions, buying and selling them, and for communication between Users.

Purchase and sale transaction (transaction) — a transaction concluded on the Site between a Seller and a Buyer for the purchase and sale of a Subscription (or a Duplicate) on the terms of the Agreement.

Funds — fiat currency used for transactions on the Site. Fiat currency is money issued by a state and defined by law as legal tender in the country of its issue.

Services of the Site — a social web platform for communication and obtaining information, and a platform for sales and purchases of Subscriptions.

Force majeure circumstance — any of the circumstances listed below that affects Buyers and Sellers and makes it impossible, unlawful or difficult to make purchases or sales of Subscriptions on the Site, including (but not limited to): natural disasters, natural catastrophes, fires, hostilities, occupation, compliance with requirements of state authorities, government measures or interference, civil war or acts of terrorism, explosion, uprising, mass disorder, strikes, reduction of transport services, closure of airports or any other exceptional and catastrophic event.

3. About the “MARKET-UP” platform

3.1. “MARKET-UP” is a site-platform located at www.market-up.co, together with all Users, Sellers and Buyers and all elements of the Site working as a whole to achieve a common goal — to create a global social platform for communication and a service for buying and selling Subscriptions.

3.2. “MARKET-UP” is a global social web platform and a platform for publishing, selling and buying Subscriptions.

3.3. This Agreement is concluded between “MARKET-UP” and the User in the form of a public contract (offer) for the provision of services, the text of which is presented on the Site. The term “MARKET-UP” is used in the Agreement and in other sections of the Site solely for convenience and does not mean “shop, trading, auction”. The terms “You” or “Your” refer to the User and any person the User represents, as well as their successors.

3.4. The Platform is an intermediary: it helps Authors, Buyers and Holders find each other. The Platform is not a party to the contract between the Author and the Holder of a Subscription and is not responsible for the quality of the Authors’ goods and services, except for the Platform’s obligations to distribute payments, replace Subscriptions and make payouts expressly provided for in Sections 11, 16 and 17 of the Agreement.

4. Terms of use of the site www.market-up.co

4.1. Use of the Site is not permitted where prohibited by law.

4.2. A User of “MARKET-UP” may be any legally capable individual aged 18 or over, as well as a legal entity. Persons under 18 may use the services of the Site only together with and/or under the supervision of a parent or legal adult guardian. In this case the adult is deemed to be the User and is responsible for all actions taken by the minor.

4.3. The User must read and agree to all the terms of the Agreement and, as they read, is advised to pay attention to the documents referred to in it.

4.4. The User undertakes to keep the personal data stated on the “My profile” page up to date.

4.5. The Platform may require the User to provide documentary confirmation of the data entered at registration and when it is subsequently changed. The procedure and the list of required documents are stated in the Platform’s request to the User. The Platform may refuse the User the use of the Site and the provision of services if the required documents are not provided or do not confirm the accuracy of the data entered.

4.6. The procedure for processing the User’s data by the Platform, the conditions for its placement on the Site and other provisions concerning data exchange are set out in the Privacy Policy and the Cookie Policy.

4.7. When choosing a login, the User is prohibited from using:

• the name of the Platform or the Site and its variations, as well as any other information relating to “MARKET-UP”;
• profanity and vulgar expressions.

4.8. Mutual honesty, integrity and politeness of Users are a fundamental condition of using the Site.

4.9. The User is given the ability to edit and delete the data entered when registering the profile.

4.10. The User is prohibited from renting out their Profile to third parties or passing on the information needed to access it. In case of breach of this condition, the User bears full responsibility for any actions taken by the persons to whom they gave the access data, including civil and/or criminal liability.

4.11. A User may not have more than one registered profile on the Site. It is strictly prohibited to register a new profile while an existing profile is blocked (deactivated).

4.12. All content (Subscriptions, photographs, drawings, graphic materials) published on the pages of the Site, in social networks, communities, blogs and other internet resources is not official advertising unless expressly stated to be the Platform’s advertising. Such materials are created or provided by individual Users, belong to them as authors, are posted with their consent and reflect solely the author’s subjective point of view, which may not coincide with the position of the Platform.

4.13. Payment and payout methods depend on the User’s country. The Platform displays the available methods in the personal account during registration and payment.

4.14. The Platform does not provide the User with services that violate the legislation of the User’s jurisdiction. By accepting the Agreement, the User confirms and warrants that the use of the Site complies with the laws and rules in force in the territory of their jurisdiction. The Platform is not responsible for the User’s unlawful use of the services of the Site.

4.15. Users bear full responsibility for paying the taxes and fees applicable to any actions and income resulting from the use of the Site. Responsibility for preparing documentary reporting also rests with the User.

5. Identity confirmation and User responsibility

By accepting the Agreement, the User undertakes, agrees and warrants the following:

5.1. At the time of using the Site the User is 18 years old or has reached the age that gives the legal right to use the Site without violating the legislation of their jurisdiction.

5.2. The Platform does not participate directly in the transaction between the Buyer and the Seller and is not a party to any contract between them, except for the obligations expressly provided for in Sections 11, 16 and 17 of the Agreement.

5.2.1. The Platform does not control the quality, safety or legality of any aspect of a Subscription or of published content and is not responsible for the accuracy of information provided by the User, for the Seller’s ability to sell a Subscription or the Buyer’s ability to pay for a purchase.

5.2.2. The Platform does not carry out a preliminary check of the content of information provided by Users, except for the moderation of Subscriptions before publication in accordance with the Rules for Creating Subscriptions.

5.2.3. The Platform cannot guarantee that the Buyer or the Seller will actually complete a transaction they have begun. The Platform tries to remove questionable offers, but this is not part of the services provided, and the Platform is not responsible for possible discrepancies.

5.3. The Platform cannot guarantee the authenticity of a User’s identity or age. The Platform encourages contacting counterparties to a transaction directly if questions arise. The User acknowledges that the Platform is not responsible for any content provided by the User, including personal data, blog texts, messages, graphics, images, photographs, audio and video materials, as well as links posted by Users or third parties on the Site.

5.4. The User confirms that they are the lawful owner of all funds used to purchase Subscriptions and that the information provided by the Author of the Subscriptions is accurate, current and correct.

5.5. The Buyer understands that purchasing Subscriptions results in the debiting of their personal funds and accepts responsibility for possible losses. The User understands that they are responsible for keeping track of their own expenses, understands the conditions for purchasing Subscriptions established on the Site, and confirms that they use the Site of their own will and decision and at their own risk. This provision applies to the extent permitted by law and does not limit the rights granted to the Buyer by mandatory legislation.

5.6. The User understands the general terms, rules and principles of the Platform’s operation and agrees not to take actions that may harm its reputation.

5.7. By accepting the terms of the Agreement, the Author grants the Platform the right to carry out periodic checks (at its own discretion or at the request of authorized bodies) to confirm the Author’s identity and the accuracy of the information provided.

5.8. If a check establishes that the information provided is inaccurate, this will be regarded as a breach of the terms of the Agreement and gives the Platform the right to immediately close the User’s account or refuse the User the use of the Site’s services.

5.9. The Platform does not accept funds as payment from third parties — friends, relatives or partners. The User must deposit funds only from their own personal account.

6. Prohibited activities

6.1. Passing information to a third party, that is, transferring or selling one User’s account to another.

6.2. Fraud, collusion, misleading actions and criminal activity:

6.2.1. unlawful actions or fraud using malicious programs, bots and errors in the software of the Site;

6.2.2. using stolen, cloned or otherwise unlawfully obtained payment data to purchase Subscriptions;

6.2.3. participating in criminal activity, money laundering and other activities entailing criminal liability;

6.2.4. entering into, attempting to enter into or intending to take part in a criminal conspiracy with another User to gain advantages over other Users of the Site;

6.2.5. creating fictitious sales: buying and reselling Subscriptions or Duplicates between related accounts or with oneself in order to obtain credits without real demand.

6.3. Using the service and software of the Site to carry out fraudulent or unlawful actions under the legislation of a particular jurisdiction.

6.3.1. Carrying out the above actions is regarded as a direct breach of the Agreement. If such a fact is identified, the Platform may suspend or block the User’s account. In such cases the User has no right to make any claims against the Platform, unless mandatory legislation provides otherwise.

6.4. The Platform may suspend, cancel or revoke transactions related to the purchase of Subscriptions if it has a reasonable suspicion that the User is using unlawful means of obtaining funds.

6.5. The Platform uses all permissible and lawful means to identify and eliminate fraudulent collusion and its participants. Appropriate measures are taken against such persons. The Platform is not responsible for losses and damage incurred by the User as a result of fraudulent actions of third parties.

6.6. Users must immediately notify the Platform if they suspect collusion or fraudulent actions. The Platform can be contacted at office@market-up.co.

6.7. The Platform may, without prior notice, restrict the User’s access to the Site in case of suspected fraudulent activity.

7. Prohibitions and restrictions on the use of the site

7.1. It is prohibited on the Site to use an aggressive or offensive manner of communication, publish prohibited content, use profanity or threats, or commit violent acts against employees of the Platform and other Users.

7.2. It is prohibited to upload information to the Site in a volume capable of causing failures in its operation, as well as to take other actions capable of affecting the operation of the resource. Viruses, malicious programs, mass mailings and spam are strictly prohibited.

7.3. Users may use the Site solely for the purpose of keeping their own blog and for selling and buying Subscriptions.

7.4. Users undertake not to take actions aimed at breaking the security system of the Site, gaining unauthorized access to closed data or carrying out DDoS attacks. A full ban on access to the Site is applied to Users suspected of violating this rule. The Platform may also notify the relevant authorities of the unlawful actions of such a User and is not responsible for losses caused by technical failures resulting from virus attacks or other malicious actions.

7.5. It is prohibited to download or copy part or all of the Site or its content without permission or in breach of a written agreement with the Platform.

7.6. It is prohibited to use any data mining, robots or similar methods of data collection and extraction.

7.7. It is prohibited to manipulate or display the Site or its content by means of framing or similar navigation technology.

7.8. It is prohibited to use the Site or its content other than for its intended purpose.

7.9. It is not permitted to upload, send by email or otherwise transmit materials containing viruses or programs designed to disrupt, destroy or limit the functionality of software or hardware related to the Site.

7.10. It is prohibited to interfere with the operation of servers or networks connected to the Site, or to violate the procedures, policies or rules of such networks.

7.11. It is prohibited to send any unsolicited or unauthorized advertising, promotional materials, spam, chain letters or other forms of mass mailing.

7.12. It is prohibited to use any meta tags, hidden text or metadata that include the “MARKET-UP” trademark, URL, logo or product name without the express written consent of the Platform.

7.13. It is prohibited to forge TCP/IP packet headers or any other service information in electronic messages, as well as to otherwise use the Site, services or content to disseminate distorted, misleading or false information about the source.

7.14. It is prohibited to collect or store any personal information about other Users of the Site or its services without their direct permission.

7.15. It is prohibited to violate applicable laws or regulations, or to encourage or allow another person to commit any of the above actions.

8. Registration, activation and activity of the account on the site www.market-up.co

8.1. Registration is carried out by the User by filling in the required fields in the registration form. The User must activate the account using the link sent to the email address provided at registration, or register using the link or ID of the User who invited them to the Platform. After registration, the User logs in to the account using their email and the password chosen at registration. The Platform does not guarantee full availability of the services until the account is confirmed. The User is responsible for confirming their email in order to receive important correspondence, including information about Subscriptions and payments.

8.2. Minimal registration allows the User to view the General Gallery, buy and use Subscriptions, give away and sell Duplicates, and use the blog.

8.3. To issue Subscriptions, the Author must complete extended registration and confirm ownership of the business in the manner established by the Rules for Creating Subscriptions.

8.4. To withdraw amounts due, the User provides payout details in the registration section or in the Profile and, where necessary, completes identity verification in accordance with Section 17. The details can be provided at any time.

8.5. Amounts due to the User are credited and displayed in their personal account regardless of whether they have provided payout details. Withdrawal is possible after the details are provided and the threshold established by Section 17 is reached.

8.6. By registering and/or logging in to the Site, the User accepts these terms.

8.7. The User must provide accurate, complete and current information for their account and update it. If the information is not kept up to date, the Platform may suspend or terminate the account. The User undertakes to keep the account password secret and to immediately notify the Platform of any unauthorized use of the account. The User is responsible for all actions taking place under their account, whether or not they are aware of them.

8.8. Account activation is free. The account becomes active after registration and confirmation of the email address.

8.9. For the account to remain active, the User must log in to the Site and the personal account (Back Office) at least once a month. Nothing needs to be bought or paid for this.

8.10. If there were no logins during the month, the account becomes inactive. In an inactive account no financial operations are carried out: purchase and sale of Subscriptions and Duplicates, crediting and withdrawal of funds.

8.11. While the account is inactive, rewards are not credited. If during this time a purchase or sale of a Subscription is made on which the User would have been due a share (as an Author or an Inviter), this share is not credited to the User, stays with the Platform and is not restored retroactively.

8.12. Account activity is restored at any time by logging in to the Site and the personal account and counts from the moment of the login. Subscriptions, profile data and previously credited amounts are preserved while the account is inactive.

8.13. Account inactivity does not terminate Subscriptions and does not release the Author from the obligation to give the discount to Holders (Section 11).

9. Terms for Sellers and Authors

9.1. To become an Author, you need to complete extended registration. The Seller undertakes to sell a Subscription (and Duplicates) to any Buyer in accordance with the terms of the Agreement.

9.2. The Seller understands that a Subscription may be purchased by any registered User of the Site until it is stopped by the Author and its validity period has not ended.

9.3. In the event of disputes, the Author must confirm their right to create the Subscription.

9.4. Only the owner of the business or their authorized representative acting under a notarized power of attorney has the right to create a Subscription.

9.5. Issuing and placing Subscriptions on the Platform is free. The Author chooses the discount size independently and may stop their Subscription at any time in the manner provided for in Section 11.

10. Information about a Subscription and restrictions on its use

10.1. The Author undertakes to provide only accurate information about the discount size and the goods and services provided, including the validity period, the place and a clear description of the goods or service.

10.2. The content of the description must not contain images whose use is restricted by the Platform or prohibited by law.

10.3. Authors must comply with applicable copyright and intellectual property legislation. In particular:

10.3.1. A Subscription must not contain brand names, logos, registered designs, trademarks or watermarks (including a recreated or modified logo), except where the brand owner has given written permission for the use of such content. The Platform cannot guarantee content control that completely excludes such cases, so responsibility for such violations rests directly with the Author.

10.3.2. The content must not include materials from other sources (free or purchased) if the Author has no corresponding license.

10.3.3. The use of state or military symbols is not permitted.

10.3.4. The use of photo, video or audio materials without the corresponding license or permission for their use is not permitted. Such materials must be created by the Author themselves, or there must be a license allowing them to be used for sales purposes.

10.4. Detailed rules for creating Subscriptions, the list of categories for which Subscriptions are prohibited, and the procedure for confirming the owner are set out in the Rules for Creating Subscriptions.

11. Duplicates, exchange, stopping and replacement of subscriptions

11.1. The original Subscription always remains with the Holder. The Holder may give Duplicates away for free in any quantity and sell them to other Users.

11.2. The Author provides the discount to everyone who presents the Subscription or its Duplicate (including one received for free), without limiting the number of Holders or the number of uses, until the Subscription is stopped by the Author or its validity period ends. The Author is not required to keep a record of such uses.

11.3. Exchange. Until a Subscription is activated, it can be exchanged once, free of charge, for any other Subscription from the General Gallery. After the “Activate subscription” button is pressed, exchange is not possible. An expired Subscription cannot be restored or exchanged.

11.4. Stopping. The Author may stop their Subscription at any time. The validity period of the Subscription does not deprive the Author of this right. After stopping, new Subscriptions and Duplicates are no longer sold, and all Holders of such a Subscription and its Duplicates are entitled to replace it free of charge with any other Subscription from the General Gallery, including one issued by another company. Replacement is possible regardless of whether the Subscription has been activated and is not considered an exchange under clause 11.3.

11.5. Stopping a Subscription does not affect sales already made or the amounts credited for them.

11.6. If the declared service is not provided under a Subscription or the discount size is not honored, the Platform blocks such a Subscription and, in case of repeated violations, also blocks the Author’s account. The Platform offers the Holders of such a Subscription a free replacement.

11.7. One month before the end of the validity period, the Subscription is automatically taken off sale: it can no longer be bought, but it can be used until the end date.

11.8. To provide the Gallery services and ensure replacement, the Platform stores information about the Subscription and the metadata related to the purchase (username, date and place) in accordance with the Privacy Policy. The Author confirms that this does not violate their right to privacy.

11.9. The replacement provided for in this Section does not limit the rights granted to the Holder by mandatory consumer protection legislation, including the right to demand a refund in cases where the law provides for such a right.

12. Communication with Buyers and Holders

12.1. The Seller undertakes to make reasonable efforts to respond to requests from Buyers and Holders.

12.2. The Author undertakes to respond to requests concerning ownership of the Subscription, potential infringement of intellectual property rights, the accuracy of accompanying metadata and other legal questions directly to Buyers and Holders, other users of the Site (potential buyers) or authorized bodies.

12.3. A Buyer or Holder may contact the Author directly on questions of proper use of the Subscription, cases of its unlawful use and other special requests, using the Author’s publicly available contact information. Disputes between the Author and the Holder must be resolved directly, without contacting the Platform, except in cases where the Platform is required under the Agreement to offer a replacement Subscription.

12.4. The Author undertakes to provide evidence of their right to provide the service or supply the goods under the Subscription upon the request of the Buyer, the Holder, legal authorities, a court or another interested person.

13. Claims against Sellers and compensation for losses

13.1. The Seller undertakes to communicate with Buyers and Holders and to try to resolve any questions or claims directly. The Seller undertakes and agrees to protect the Platform from any losses or expenses connected with any dispute, or to compensate them if they arise, and undertakes not to involve the Platform in any proceeding or dispute.

14. Legislation and taxes

14.1. By accepting the terms of the Agreement and becoming a Seller or an Author, the User assumes all responsibility for compliance with applicable local and international laws when selling their Subscriptions and Duplicates through the Site.

14.2. The Seller and the Author confirm that they bear full responsibility for declaring income received through the Site and for paying all resulting taxes in the applicable jurisdiction. They understand that such income is part of their regular income for tax purposes and may be subject to taxes in their country, as well as sales taxes in the jurisdictions where the Subscription is provided. The Platform is not responsible for collecting any local tax on behalf of the Seller or the Author.

14.3. By accepting the Agreement, the Seller and the Author protect the Platform from all claims or liability asserted against it in connection with their tax obligations. The Platform is not responsible for losses or damage resulting from the User’s failure to fulfill their tax obligations.

15. Payments and settlements

15.1. The Platform uses electronic payment systems and/or the services of payment providers to process payments and distribute funds between the participants in a transaction.

15.2. The available payment and payout methods depend on the User’s country and are displayed in the personal account during registration and payment. The Platform does not guarantee that the set of payment methods will remain unchanged; the User can obtain current information from the support service.

15.3. The Platform may, at its discretion, add other payment methods.

15.4. If payment is made in a national currency, conversion is carried out at the official exchange rate at the time of payment. The final amount may differ depending on currency exchange rates and the fees of payment systems.

15.5. The unit of account on the Platform is the US dollar. Payment and payout methods are limited to the options offered by the Platform on the Site.

16. Price of a subscription and distribution of money

16.1. The single price of one Subscription purchased through the Site is 10 (ten) US dollars.

16.2. The Platform may change the price of a Subscription and the procedure for distributing funds by publishing the changes on the Site. The changes apply to purchases made after they take effect and do not affect completed purchases.

16.3. With every purchase of a Subscription, including every resale of a Duplicate, the payment is distributed as follows:

• 5 (five) US dollars — to the Seller who made this transaction;
• 1 (one) US dollar — to the Author who issued the Subscription, even if it was not the Author who sold it;
• 1 (one) US dollar — to the Inviter through whose link or ID the Author registered on the Platform;
• 3 (three) US dollars — to the Platform for the service provided.

16.4. If the Author registered without an invitation, the dollar intended for the Inviter goes to the Platform.

16.5. The Author’s share and the Inviter’s share are paid with every purchase of this Author’s Subscriptions, for as long as the Author keeps Subscriptions on the Platform, regardless of how many times the Subscription has been resold and who made the particular sale.

16.6. The Inviter’s share is tied to a specific Author and does not create a multi-level structure, levels or dependence of income on the actions of other Users.

16.7. Distribution takes place automatically at the moment the transaction is made. Information about purchases, sales and credits is available to the User in the personal account.

16.8. The Platform does not guarantee Users any income. The amount of income depends on how many people purchase Subscriptions.

16.9. If at the time of purchase the account of the Author or the Inviter is inactive (clauses 8.8–8.12), the share due to them is not credited and stays with the Platform.

17. Balance, payouts and withdrawal of funds

17.1. Amounts due to Sellers and Inviters are displayed in the personal account and accumulate until they reach 50 (fifty) US dollars. While the amount due is below this threshold, the funds are not lost.

17.2. Withdrawal is possible once the amount due has reached at least 50 US dollars and the User has provided payout details. Payout methods depend on the User’s country.

17.3. For withdrawal, the Platform may require identity confirmation and documents to an extent proportionate to the amount withdrawn and the requirements of applicable anti-money-laundering legislation. For large amounts, an extended check may be carried out, including with the involvement of a payment provider.

17.4. The withdrawal fee is 8% of the amount withdrawn. The amount of the fee is shown to the User before the operation is confirmed.

17.5. The Author’s Balance. One US dollar from every purchase of the Author’s Subscriptions is credited to the Author’s Balance on the Platform. The Balance can be spent inside the Platform: on advertising and promoting the Author’s Subscription and on buying Subscriptions. Withdrawal of this money is not provided for at this stage. The terms of paid promotion are published on the Site.

17.6. The Platform may suspend crediting or payout, for the duration of a check, if there is a reasonable suspicion of fraud or fictitious transactions (clause 6.2.5).

17.7. The User is responsible for checking the correctness of the details provided for receiving payouts. The Platform is not responsible for transfers made to incorrectly provided details.

17.8. Crediting and withdrawal of funds are carried out only in an active account (clauses 8.8–8.12).

18. Inviting companies

18.1. Any User may invite a company to the Platform: the company registers using the referral link or ID of that User.

18.2. If the invited company has confirmed its email and published its first Subscription, the Inviter receives one Subscription of this company for free, as well as the share provided for in clause 16.3.

18.3. The attachment of a company to an Inviter is fixed at the company’s registration and cannot be changed.

18.4. Inviting does not require the Inviter to pay entry fees or make mandatory purchases and does not create levels or multi-level payouts: the Inviter’s income does not depend on the actions of other Users.

19. Use of subscriptions by the Buyer

19.1. The Buyer warrants that they will use Subscriptions purchased on the Site only for their intended purpose. The Buyer is responsible for monitoring the proper use of Subscriptions by themselves or on their behalf.

19.2. The Platform is not responsible for losses or damage resulting from improper use of Subscriptions or the Buyer’s breach of applicable legislation.

20. Refunds

20.1. A purchased Subscription is, as a rule, not refunded: the User pays for a discount for the whole validity period regardless of whether they use it.

20.2. Clause 20.1 does not apply, and the User is entitled to a refund or replacement, in the following cases:

20.2.1. free exchange and replacement of a Subscription in accordance with Section 11;

20.2.2. a refund of payment for the Platform’s service in case of a technical problem caused by the Platform’s fault, in the manner established by the Refund Policy;

20.2.3. rights granted to the User by mandatory consumer protection legislation of the country of their residence that cannot be limited by the Agreement.

20.3. The User may delete their account at any time. No refund is made for Subscriptions previously paid for, except in the cases stated in clause 20.2. If the Platform suspends or terminates the account because of the User’s breach of the Agreement, no refund is made for Subscriptions, except where the law requires otherwise.

21. Blog and automatic subscriptions

21.1. Every User has their own blog. The procedure for using it is described in the Business Blog Terms.

21.2. By buying a Subscription, the User automatically subscribes to the blog of the Author who issued it. By registering through the link or ID of an Inviter, the User automatically subscribes to that person’s blog.

21.3. The User may unsubscribe at any time by pressing the “Unsubscribe” button in the blog.

21.4. By using the Site, the User agrees to the automatic subscription rule.

21.5. The Author is prohibited from using the subscription to send spam and advertising of prohibited categories.

22. Confidentiality

22.1. Any information provided by Users, as well as information collected when using the Site or the Platform’s services, is governed by the Privacy Policy and the Cookie Policy, the terms of which are included in the Agreement.

23. Special terms

23.1. The Platform is not a party to the transaction between the Author and the Holder and is not liable for the obligations of the parties to such a transaction, except for the obligations expressly provided for in the Agreement. All purchase and sale transactions for Subscriptions and Duplicates are concluded between the Seller and the Buyer.

23.2. All published Subscriptions are displayed in the General Gallery. Purchased Subscriptions go to the “Gallery” section of the Buyer’s personal account and become available for use for the Buyer’s personal purposes.

23.3. The Platform does not require Users to make mandatory monthly purchases, pay entry fees or make other mandatory payments, other than the price of the Subscriptions they acquire. The User’s right to the amounts due to them does not depend on whether they make purchases themselves. The condition remains that the account is active (clauses 8.8–8.12).

24. Limitation of the Platform’s liability

24.1. To the extent permitted by law, the Site, Subscriptions, the content of the Site and its services are provided “as is”, without any express, implied or other representations, warranties or conditions. Subscriptions and the content of the Site are user content and are not subject to mandatory verification by the Platform, except for the preliminary moderation of Subscriptions. Users use Subscriptions, the Site, its content and services at their own risk. The Platform disclaims all representations and warranties regarding Subscriptions, the content and the services of the Site, including warranties of fitness for intended use, non-infringement of intellectual property rights, accuracy, timeliness and completeness of information, compatibility, security and other warranties. The Platform also does not warrant that:

24.1.1. access to the Site, its content and services will be uninterrupted and error-free;

24.1.2. the Site, Subscriptions, content and services will meet the User’s expectations and needs;

24.1.3. the results of using the Site, purchased Subscriptions, content and services will be effective or reliable;

24.1.4. any errors or defects of the Site will be corrected;

24.1.5. the Site and the operation of Subscriptions will be available in any particular country;

24.1.6. the Site will not contain viruses or other harmful components;

24.1.7. the Site will be compatible with the User’s equipment and software;

24.1.8. any user content will be available on the Site or stored permanently or temporarily.

24.2. The User independently decides to use the services of the Site.

24.3. The Platform makes no additional warranties or representations regarding the Site and the services offered and excludes its liability in respect of such warranties to the extent provided by law.

24.4. The Platform is not liable for torts, negligence, losses, damage and harm that it could not reasonably have foreseen.

24.5. The Platform is not responsible for the content of resources accessed through the Site.

24.6. The User understands and agrees that the Platform gives no guarantees of obtaining income when using the methods, information and offers posted on the Site.

24.7. Any examples or demonstrations on the Site are not a guarantee or promise of any financial profit. Earning potential depends entirely on the person using the Site. No “income scheme” is provided or recommended on the Site.

24.8. The User’s actual results depend on many factors: the time devoted to the project, the methods and ideas applied, their own financial resources, experience, skills and knowledge. The Platform cannot guarantee any specific result or level of income. For more information, see the document “Legal Information on Income and Risks”.

24.9. The User is advised to conduct their own independent research before starting any kind of activity offered on the Site, as the actual earnings are affected by a large number of factors.

25. Responsibility of the User (Buyer)

25.1. The responsibility of each User (Buyer) consists in exercising their own due diligence and independently studying all issues related to the acquisition of Subscriptions, including legal ones. All purchases must be based on the User’s independent assessment.

25.2. The Buyer understands that Subscriptions on the Site do not undergo independent verification by the Platform’s specialists, other than preliminary moderation. On disputed matters, Buyers are advised to consult the relevant specialists.

25.3. The Buyer is responsible for losses and expenses directly or indirectly connected with verifying the Author’s rights to the Subscription and agrees to protect the Platform from any such obligations, losses and costs to the extent permitted by law.

26. Conditions for deactivation (blocking) of the User’s profile

26.1. The Platform may deactivate the User’s profile for the following reasons (including, but not limited to):

26.1.1. the User has provided incomplete and/or inaccurate contact details;

26.1.2. the User’s login violates the established rules;

26.1.3. the User has several profiles;

26.1.4. an actual or nominal change of the profile’s owner (transfer or sale of a registered account is not permitted);

26.1.5. actions by the User that the Platform regards as deception, fraud and/or misleading of other Users and the Platform;

26.1.6. sending spam and other unwanted messages by the User;

26.1.7. failure to comply with the Platform’s requirements made under the Agreement;

26.1.8. breach by the User of the terms of the Agreement as a result of which harm was caused to another User and/or the Platform;

26.1.9. actions or inaction of the User that the Platform regards as insult, slander, misleading of other Users or administrators, or damage to the business reputation of the Platform; the use of rude and/or obscene expressions;

26.1.10. messages from the User (including in email correspondence) that the Platform regards as a threat of damage or harm to the business reputation, property or health of administrators, employees of the Platform or other Users;

26.1.11. a demand by competent state authorities, in the established manner, to deactivate the User’s profile;

26.1.12. the existence of a blocked affiliated account (affiliation is determined by the Platform on the basis of, among other things, a match of profile data, IP address or password);

26.1.13. the need to prevent unauthorized access to the User’s profile and/or to minimize the likelihood of actions that may be regarded as unlawful;

26.1.14. fictitious transactions or other violations stated in clause 6.2.

26.2. The User may ask the Platform to unblock the profile by sending an electronic message. The Platform decides within 15 (fifteen) business days from receipt of the request.

26.3. Reactivation (unblocking) of a profile is possible only on the basis of the Platform’s decision. When a Subscription is blocked, Holders retain the right to replacement in accordance with Section 11.

27. Rights to content and limitation of liability

27.1. The Platform does not claim ownership rights in Users’ Subscriptions.

27.2. The Author grants the Platform a limited license to use the information or Subscriptions provided to the Platform solely for the purpose of providing the services.

27.3. The Author grants the Platform a non-exclusive (unless specifically stated otherwise), worldwide, royalty-free, sublicensable right to exercise, in relation to their Subscriptions, the copyright, public use rights and database rights they hold, in any media now known or developed later, to the extent necessary to provide the services.

27.4. The Author permits the Platform to store, reformat and display content on the Site in any way necessary to provide the services, in accordance with the Agreement. The Platform uses Users’ personal information in accordance with the Privacy Policy.

27.5. The Platform does not control content provided by Users and is not responsible for any losses, harm or inconvenience directly or indirectly caused by this content.

27.6. Users understand that use of the Site may involve risks characteristic of international trade and agree to accept such risks. The Platform (its management, employees and related persons) is not responsible for the actions or inaction of Users on the Site.

27.7. The Platform may use its Users’ content for marketing and communication purposes and for placement in the blog or thematic galleries on the Site.

27.8. The Platform does not guarantee that any Subscription and its content comply with the established terms and rules. The User is independently responsible for the compliance of the Subscription with the terms and rules of its publication, sale or purchase.

27.9. For non-performance or improper performance of their obligations under the Agreement, the parties bear liability in accordance with applicable legislation.

27.10. The User is responsible for the accuracy of the information they provide and for the compliance of their actions with current legislation.

27.11. The Platform is not responsible for the artistic value of Subscriptions or for the legality of their placement. Disputed situations arising between the Author and the Holder are to be resolved by the parties themselves, except for the Platform’s obligations to replace Subscriptions provided for in Section 11.

27.12. The Platform is not responsible for the accuracy of information posted by Users on the Site or for the legality of its placement.

27.13. The Platform is not responsible for interruptions in the provision of services caused by technical failures of equipment and software.

27.14. The Platform may regard the passing of login and password details to third parties as fraudulent actions and take appropriate measures within current legislation. The Platform is not responsible for the actions of third parties who have learned the User’s login and password, or for the resulting consequences.

27.15. The Platform may, at its discretion, request information from the Author about Subscriptions offered for sale.

27.16. The Platform gives no guarantees, representations or conditions, express or implied, with respect to Subscriptions offered by the Author, including with respect to their quality.

27.17. To the extent permitted by law, the Platform is not liable for any losses (monetary or reputational) resulting from the use of the Site, even if the User has notified the Platform of them or the Platform could have foreseen the possibility of such damage.

28. Reviews and comments

28.1. The User has access to the “Leave a review” function, through which they can express their own opinion, recorded and available for other Users to read.

28.2. Writing a review is the User’s voluntary decision.

28.3. Reviews and comments on them may not contain:

• insults, non-literary expressions, curses and obscene language;
• vulgar, indecent or pornographic text, as well as text inciting racism, sexual violence, xenophobia or conflicts between peoples;
• personal data of a counterparty or another person (first name, last name, username, address, telephone number, email);
• unreadable characters and symbols;
• mention of the Platform and/or its employees;
• advertising texts.

28.4. By leaving a review and/or a comment on it, the User is responsible for its content.

28.5. The Platform does not interfere with the text of reviews and comments, but in certain cases may delete or change a review, namely if:

28.5.1. the review or comment violates the terms of the Agreement;

28.5.2. the review was mistaken or was left with the intention of harming the User’s business reputation, as indicated by the content of the review, the time it was posted or other circumstances;

28.5.3. the text of the review does not match the stated type (positive, neutral, negative);

28.5.4. the text of the review contains characters that make it unreadable.

28.6. The administrator decides on interference with Users’ reviews separately in each specific case.

29. Prohibition on publishing subscriptions

29.1. The Platform may refuse to place in public access a Subscription that falls within the list of prohibited categories established by the Rules for Creating Subscriptions or does not meet the required quality of Subscriptions on the Site.

29.2. The Platform may at any time suspend the process of buying and selling a Subscription, notifying potential counterparties and other interested persons by any available means of communication.

29.3. Users may report prohibited Subscriptions offered on the platform through the feedback form.

29.4. The decision to remove a Subscription from the Site is made on the basis of the information contained in the Subscription itself and in the results of the checks provided for in the Agreement. When a Subscription is removed, Holders receive a replacement in accordance with Section 11.

29.5. The Platform is not liable if its decision to classify content as prohibited or not meeting the required quality is later found to be incorrect, except where such liability cannot be excluded by law.

30. Term, amendment and termination of the Agreement

30.1. The moment of conclusion of the Agreement is deemed to be the User’s use of the Site or any other program and/or technical device that allows the content of the Site’s pages to be displayed.

30.2. The Agreement remains in force until one of the parties declares the need to terminate it, but in any case until the parties have fully performed their obligations.

30.3. The Platform may change or update parts of the Agreement at any time by publishing a new version on the Site. The Platform notifies Users of material changes affecting their rights by email or in the personal account where the law so requires. Changes take effect from the moment of publication unless the version states otherwise.

30.4. If the User disagrees with the changed provisions, they may stop using the Site. Further use of the Site after the changes take effect is regarded as their acceptance, unless mandatory legislation provides otherwise.

30.5. In cases not provided for by the Agreement or its annexes, the User is guided by the clarifications of the Platform sent to them personally or published on the Site.

30.6. The User may terminate the Agreement unilaterally by sending a notice from the email address linked to the account to office@market-up.co, stating their username.

30.7. The Platform stops providing services to the User within 7 (seven) days from receipt of such a request, notifying the User electronically of receipt of the request.

30.8. Termination of the Agreement by the User is possible no earlier than 30 (thirty) days from the completion of the last transaction on their account. At the time the request is made, the account must be active. Amounts due to the User are paid in the manner established by Section 17.

30.9. The User may at any time resume the Agreement by sending a request to office@market-up.co.

30.10. Deletion of the User’s profile is carried out by sending an email to office@market-up.co from the address linked to the profile, stating the username.

30.11. The Platform may unilaterally terminate the Agreement in the following cases:

30.11.1. violations by the User of the provisions of the Agreement are identified;

30.11.2. damage or harm is caused to the property and/or health of the Platform, its employees and/or other Users;

30.11.3. damage or harm is caused by the User’s actions (inaction) to the business reputation of the Platform or other Users;

30.11.4. receipt from the User (including by email) of information that the Platform regards as a threat of damage or harm to the business reputation, property or health of the Platform, its employees or other Users;

30.11.5. financial and other violations by the User.

30.12. In the cases stated, the moment of termination is deemed to be the moment the Platform notifies the User. The provision of services may be resumed only after the Platform makes a corresponding decision.

31. Applicable law and dispute resolution

31.1. The Agreement is governed by the law of the country of registration of the Platform stated in the details on the Site, without prejudice to the mandatory consumer protection rules of the User’s country of residence, which cannot be limited by the Agreement.

31.2. Disputes arising from a breach (or possible breach) of the terms of the Agreement are resolved by negotiation and the claims procedure. The period for responding to a claim is 30 (thirty) days. If the dispute cannot be settled, it is subject to consideration by a court in accordance with applicable legislation. A User who is a consumer may apply to the court at their place of residence if this is permitted by the law of their country.

31.3. If disputed situations arise between Users that they have been unable to resolve themselves, the Platform may resolve the dispute within the powers granted to it by the Agreement by sending the parties a request to which they must respond within the period stated in the request. Such a decision is final within the Site but does not deprive the parties of the right to apply to a court.

31.4. The Platform may refuse service to Users who have not complied with its instructions for resolving a dispute, block their profile and terminate the Agreement unilaterally, in accordance with Section 30.

31.5. If any provision of the Agreement is found to be invalid or unenforceable, the remaining provisions remain in force.

32. Notices and language versions

32.1. All messages, notices, claims and any other information sent by the parties to each other are deemed to have been properly sent electronically by email, as well as in the form of messages within the Site provided for by its functionality (dialog window, messages, feedback forms, publications of the Platform, etc.). Correspondence is also deemed to have been properly sent if it is sent by the parties in writing with the necessary details.

32.2. Versions of the Agreement published in foreign languages are created for the convenience of Users. In the event of discrepancies, the English-language version has legal force.

32.3. The Platform can be contacted regarding the Agreement at office@market-up.co.

This Agreement has been prepared as a standard form for the “MARKET-UP” platform and does not constitute legal advice. Before using it in a specific country, it is recommended that its compliance with local legislation (consumer protection, distance selling, advertising, payment services, personal data protection) be verified with the involvement of a qualified lawyer. The country of registration and the operator’s details must be stated in the details on the Site (see Section 31).