Terms of Service

Please carefully read and understand the following Terms of Service (“Terms”) as they govern your use of our Services (as defined below). These Terms are between you and Lab 0324, Inc. (“market.dev”). When used in these Terms, the terms “us”, “we” and “our” refer to Lab 0324, the operating company of the market.dev platform. The term “you” means either you as an individual registering to use market.dev personally or the company you represent, if registering to use market.dev on behalf of a business.

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree with any part of these Terms, please do not use our market.dev Platform or Services.

Acceptance of Terms

By using our Services, you agree to comply with and be bound by these Terms. These Terms may be updated from time to time, and it is your responsibility to review them periodically. Your continued use of the market.dev Platform after any changes to these Terms signifies your acceptance of those changes.

User Accounts

To access and use the market.dev Platform, you must register for a market.dev account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. To complete your account registration, you must provide us with your full legal name, business address, phone number, a valid email address, and any other information indicated as required. You must be the older of: (i) 18 years, or (ii) at least the age of majority in the jurisdiction where you reside and from which you use the Services to open an account.

You acknowledge that market.dev will use the email address you provide on opening an account or as updated by you from time to time as the primary method for communication with you. You are responsible for maintaining the confidentiality of your account credentials, including user name and password, and for all activities that occur under your account. If you are a company with multiple staff users, you are responsible for your staffs’ use of the market.dev Platform and Services and ensuring that they comply with all terms and conditions contained in these Terms. market.dev cannot and will not be liable for any loss or damage from your failure to maintain the security of your account and password.

We may request additional security measures at any time and reserve the right to adjust these requirements at our discretion. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.

Services Provided

Through the market.dev Platform, we provide tools for open-source software maintainers to market their services and manage relationships with clients. This includes, but is not limited to:

tiered support offerings, assistance in selling across channels, through hosted sites, embedded systems, and direct-to-market sale;
tools to monitor open-source software utilization by clients and identify additional services, including collaboration and business opportunities with other parties, that clients may find valuable; and
business management: ensuring reports, customers, payments, and contract information are in one place (collectively, the “Services”).

We reserve the right to add to, modify, suspend, or discontinue any part of the market.dev Platform or Services at any time by notifying you either through your email address on record with us and/or by posting a notice on the market.dev Platform.

Intellectual Property and User Content

Users may submit or generate content (“User Content”), such as company logos, graphics, service offering and pricing information, client records, correspondence and other information associated with the provision of maintainer services, to the market.dev Platform. You retain ownership of your User Content, but by submitting it, you grant market.dev a worldwide, royalty-free, non-exclusive license to use, distribute, reproduce, modify, adapt, publicly perform, and publicly display your User Content. market.dev may from time-to-time analyze User Content in an aggregate and secure manner for purposes of improving the market.dev Platform or Services.

You represent, warrant, and agree that you have all necessary rights in the User Content to grant this license. You irrevocably waive any and all moral rights you may have in the User Content in favour of market.dev and agree that this waiver may be invoked by anyone who obtains rights in the content through market.dev, including anyone to whom market.dev may transfer or grant (including by way of license or sublicense) any rights in the User Content.

You grant market.dev a non-exclusive, transferable, sub-licensable, royalty-free, worldwide right and license to use the names, trademarks, service marks and logos associated with your business (“Your Trademarks”) to operate, provide, and promote the Services and to perform our obligations and exercise our rights under these Terms. This license will survive any termination of the Terms solely to the extent that market.dev requires the license to exercise any rights or perform any obligations that arose during the term of this agreement.

You agree that market.dev can, at any time, review and delete any or all of your content submitted to the Services, although market.dev is not obligated to do so. Users are solely responsible for the content they submit or create, and market.dev does not endorse, support, or guarantee the accuracy, completeness, or reliability of any user-generated content.

You agree that you may not use any trademarks, logos, or service marks of market.dev, whether registered or unregistered (“market.dev Trademarks”) unless you are authorized to do so by market.dev in writing. You agree not to use or adopt any marks that may be considered confusing with the market.dev Trademarks. You agree that any variations or misspellings of the market.dev Trademarks would be considered confusing with the market.dev Trademarks.

Payments and Fees

Through the market.dev Platform you will be able to purchase various Services by making service selections or otherwise updating your account information. You agree to pay any and all applicable fees and charges associated with the Services, under additional terms and conditions that may be further communicated and defined within the market.dev Platform accordingly, that you have purchased using one or more of the payment options offered from time-to-time on the market.dev Platform.

We reserve the right to change the pricing and fees associated with the Services at any time, and such changes will be effective as of the date indicated in the notice either communicated to you by email and/or posted on the market.dev Platform.

Code of Conduct

Users agree not to engage in any conduct that violates these Terms, applicable laws, or the rights of others. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the market.dev Platform without the express written permission of market.dev.

You agree not to work around, bypass, or circumvent any of the technical limitations of the market.dev Platform, including to process orders outside the market.dev Platform, use any tool to enable features or functionalities that are otherwise disabled in the market.dev Platform, or decompile, disassemble or otherwise reverse engineer the market.dev Platform. You agree not to access the market.dev Platform or monitor any material or information from the market.dev Platform using any robot, spider, scraper, or other automated means.

market.dev may, at its discretion, suspend or terminate the accounts of users who violate these Terms or engage in inappropriate conduct.

Confidentiality

For the purposes of these Terms, “Confidential Information” refers to any non-public, proprietary, or sensitive information disclosed by one party (the “Disclosing Party”) to the other party (the “Receiving Party”) in connection with the performance of Services under these Terms. Confidential Information may include, but is not limited to, trade secrets, business plans, customer lists, financial information, and any other information marked or reasonably understood to be confidential.

Both parties agree to maintain the confidentiality of the Confidential Information received from the other party with the same degree of care as they use to protect their own confidential information, but in no event less than a reasonable standard of care. The Receiving Party shall not disclose, reproduce, or use the Confidential Information for any purpose other than the performance of the Services outlined in these Terms. The obligations of confidentiality do not apply to information that: (i) is or becomes publicly available without breach of these Terms by the Receiving Party; (ii) is independently developed by the Receiving Party without reference to the Confidential Information; or is rightfully obtained by the Receiving Party from a third party without a duty of confidentiality.

The Receiving Party may disclose Confidential Information to its employees, agents, or subcontractors who need to know such information for the purpose of performing the Services, provided that such individuals are bound by obligations of confidentiality at least as restrictive as those in these Terms. The obligations of confidentiality under these Terms shall survive the termination or expiration of these Terms.

Termination

You may cancel your subscription to the Services at any time by contacting market.dev Support using the information contained in the Support section of these Terms.

market.dev may suspend or terminate your access to the market.dev Platform or Services at any time for any reason, including if you breach any of the terms and conditions in these Terms.

Privacy Policy

By using our market.dev Platform, you agree to our Privacy Policy, which can be found here (link to Privacy Policy).

Indemnity and Limitation of Liability

Except as otherwise stated explicitly in these Terms, the Services are provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory. market.dev does not warrant that the Services will be uninterrupted, timely, secure, or error-free. market.dev does not warrant that the quality of any products, services, information, or other materials purchased or obtained by you through the Services is suitable for your particular purposes, including any contract templates or other document templates that may be made available to you on the market.dev Platform from time to time. In no way is market.dev providing any legal advice to you by making such templates available. You must seek your own independent legal advice in respect of the templates should you wish to receive such advice.

market.dev shall 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 (however arising, including negligence).

You agree that you shall indemnify and hold harmless market.dev, its affiliates, licensors, and each of their officers, directors, other users, employees, attorneys and agents from and against any and all claims, costs, damages, losses, liabilities and expenses (including reasonable legal fees and costs) arising out of or in connection with: (i) your violation or breach of these Terms or any applicable law or regulation, whether or not referenced herein; (ii) your violation of any rights of any third party; or (iii) your use or misuse of the Services.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of Ontario, Canada and to the fullest extent permitted by applicable law, you agree to irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the Ontario, Canada with respect to any dispute, controversy or claim arising out of or in connection with these Terms or your use of the Services.

Additional Terms

The failure of market.dev to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the other provisions of these Terms will remain in full force and effect.

These Terms constitutes the entire understanding between you and market.dev and supersedes all prior agreements, whether oral or written, relating to your use of the market.dev Platform or Services.

Support

Technical support in respect of the Services, including questions about these Terms, is available to market.dev Platform users by contacting market.dev support through the support channels posted on our website.

Contact Information

Lab 0324 Inc.
30 Neilor Crescent, Toronto, ON M9C1K4
contact@lab0324.xyz