MarketHK Terms of Service

1.Definitions and scope

“Service” means MarketHK software-as-a-service capabilities, including Notify (messaging orchestration and channel connections), Verify (e.g. TOTP), Managed (managed / consulting delivery), analytics, wallet / billing, APIs and related documentation. Access may depend on subscription plan, temporary access grant or enterprise quote.

2.Accounts, workspaces and security

You must provide accurate information and protect login credentials, API keys and MFA devices. Workspace Owners / Admins should enable and maintain login MFA. You are responsible for users under your account, permission grants and integrations. Notify us promptly of unauthorised use. We may require credential resets or restrict access where there is a clear security risk.

3.Usage controls and emergency pause

To protect recipients and platform stability, we may require or enforce dual approval, daily / quota caps, and an emergency send pause (kill switch) for abuse, security or provider risk. A temporary access grant (for example an operations-timed live-send window) is not unlimited send or an SLA unless agreed in writing.

4.Plans, wallet and payment

Subscription plans, included allowances, wallet top-ups, channel unit prices and managed fees are as shown on the billing page, admin configuration, quote or order form. Unless otherwise agreed in writing:

• Platform fees and channel usage are separate; hosted channel usage is typically deducted from a prepaid wallet
• Sandbox / free tiers are for testing; live-send is subject to caps and eligibility
• Consumed channel costs and spent wallet balance are generally non-refundable in cash; unused balances follow the written policy or quote
• Taxes, FX and third-party payment fees (e.g. Stripe) may be extra or included as shown at checkout
• We may adjust channel reference prices to reflect provider costs; we will use reasonable efforts to give prior notice of material changes

5.Messaging and third-party channels

MarketHK provides orchestration, consent gates, approvals, routing and an event ledger; actual delivery depends on carriers, mailbox providers, Meta / WhatsApp, devices and networks. We do not guarantee a specific delivery, open or latency rate. “Accepted” is not “delivered”. Official WhatsApp templates require Meta / applicable approval. Regulatory registrations such as #Sender ID are decided by the relevant authority; we may assist with applications but do not guarantee outcomes.

6.Hosted and BYO (Enterprise)

The default is MarketHK-hosted providers. Enterprise BYO (bring-your-own provider) may be implemented in the system but can remain product-gated. When enabled, you must ensure your provider contracts, security and compliance, and you bear that provider’s service and price risk. We charge platform / orchestration / monitoring / support fees as quoted.

7.Customer responsibilities and compliance

You represent that you have rights to use lists and content; that marketing / commercial electronic messages comply with the PDPO, UEMO and other applicable law (including consent, sender information, unsubscribe and do-not-call); that you will not send unlawful, fraudulent, infringing or Acceptable Use–violating content; and that you will maintain accurate consent and suppression records. You are responsible for recipient complaints, regulatory enquiries and claims arising from your content or lists.

8.Acceptable use

You agree to the Acceptable Use Policy, including prohibitions on phishing, impersonation, unauthorised lists, malware, SMS pumping, evading rate / budget limits, and harming the platform or other customers. We may use automated and human review, rate limits, budget caps and emergency disablement to protect recipients and networks.

9.Data protection

Privacy and processing arrangements are described in the Privacy Policy and DPA summary. For customer content and contacts, you are typically the data user and we are the processor. You authorise us and our subprocessors to process data as needed to provide the Service. Do not upload personal data you are not permitted to process.

10.Intellectual property

IP in the Service, software, brands and documentation belongs to iGears or its licensors. We grant you a limited, non-exclusive, non-transferable right to use the Service for your internal business purposes under your plan. You retain rights in content and lists you submit, and grant us a licence to process them to operate the Service. Feedback may be used by us without charge to improve the product.

11.Confidentiality

Each party will protect the other’s non-public business and technical information with reasonable care, except where disclosure is required by law, to professional advisers, or to personnel who need to know and are bound by confidentiality. This duty continues for a reasonable period after termination.

12.Disclaimers

To the fullest extent permitted by law, the Service is provided “as is” and “as available”. We disclaim warranties of merchantability, fitness for a particular purpose, non-infringement, uninterrupted or error-free operation. Preview or experimental features (if labelled) may be unstable. Third-party channel outages or policy changes are outside our full control.

13.Limitation of liability

To the extent permitted by law: we are not liable for indirect, incidental, special, punitive or consequential damages (including loss of profit, goodwill, data or business interruption); and our aggregate liability arising from these Terms is capped at the fees you actually paid us for the relevant Service in the twelve (12) months before the claim (or HKD 1,000 if the use was free / temporary access with no platform fee), except for wilful misconduct or liability that cannot be excluded by law.

14.Indemnity

You agree to indemnify and hold harmless iGears and its personnel from third-party claims, penalties or losses arising from your content, lists, missing consent, unlawful use, or breach of these Terms / Acceptable Use, including reasonable legal fees, to the extent permitted by law.

15.Suspension and termination

You may stop using the Service via account flows or written notice. We may suspend or terminate for non-payment, unlawful or abusive use, security risk, provider-mandated requirements, or material breach not cured within a reasonable time. After termination, access ends; we delete or return data per the Privacy Policy and DPA, except where law requires retention. Unused prepaid balances follow the written policy.

16.Changes

We may update the Service and these Terms from time to time. We will use reasonable efforts to give prior notice of material adverse changes. If you disagree, stop using the Service; continued use constitutes acceptance (unless a written MSA sets a different change process).

17.Governing law and disputes

These Terms are governed by the laws of the Hong Kong Special Administrative Region of the People’s Republic of China. The parties submit to the non-exclusive jurisdiction of the Hong Kong courts. Mandatory consumer or local rights are not affected where they apply.

18.General

If any provision is unenforceable, the remainder stays in effect. You may not assign these Terms without our written consent; we may assign to an affiliate or successor. These Terms (with incorporated policies, DPA, quotes / orders) are the entire agreement on this subject and supersede prior discussions. The parties are independent contractors.

19.Contact

For terms, billing or commercial matters, contact us via the website consultation / support channel and mark the message “Terms”, including your workspace identifier where relevant. Emergency send-pause requests should also reach your account manager (if any) and platform operations contacts.