Terms of Service

MANDATORY ARBITRATION & CLASS ACTION WAIVER. This Agreement requires binding individual arbitration to resolve disputes and includes a class action waiver. Read the entire Agreement, including Section 14 (Governing Law; Binding Arbitration; Class Action Waiver), before using the Platform.

These Terms of Service (“Terms”) govern your subscription to and use of the Market4Play platform, products, and services (collectively, the “Platform” and “Services”). By creating an account, clicking “I agree,” or accessing/using the Platform, you represent and warrant that: (1) you have read, understand, and agree to be bound by these Terms; (2) you are of legal age to enter a binding contract; (3) the information you provide is true, accurate, and complete; and (4) you have authority to bind any business identified as the user.

These Terms, together with our Privacy Policy (https://www.market4play.com/privacy/) and any applicable data processing agreement or affiliate agreement (collectively, the “Agreement”), form a binding contract between you and Market4Play, LLC, a Wyoming limited liability company, and its officers, directors, affiliates, successors, and assigns (“Market4Play,” “we,” “us,” or “our”). If you do not agree, do not use the Platform.

We may modify these Terms at any time. Changes are effective when posted. Your continued use constitutes acceptance.

We provide a SaaS Platform for business use. We are not a party to your relationships with your customers and are not responsible for your interactions with them. You must maintain your own terms and privacy notices with your customers.

Use of the Platform

1.1 Eligibility & Restrictions

You must be at least 18 years old. You may not access the Platform to build a competing product or for benchmarking except as permitted by law. You may not reverse engineer, decompile, disassemble, or derive source code; remove proprietary notices; or create unauthorized derivative works.

1.2 Account Ownership

Provide accurate registration information. If you accept on behalf of a business, that entity owns the account and you warrant authority to bind it. In ownership disputes, we may request documentation (formation records, payment records, court orders), suspend access, and, in our discretion, determine/control access pending resolution.

1.3 Intended Use & Your Representations

You and your users may use the Platform only for lawful purposes and consistent with these Terms and Exhibit A (Code of Conduct). You represent that you and your users will: (i) maintain required licenses/consents; (ii) comply with law and these Terms; (iii) cooperate with lawful requests from regulators, carriers, and law enforcement; (iv) not misrepresent the Services; (v) bind your employees/contractors to obligations consistent with these Terms.

We may monitor use for security, abuse, and compliance and may require you to suspend or terminate an end-customer sub-account that violates law or these Terms.

1.4 Compliance (Privacy, Security, Accessibility, Taxes)

You are solely responsible for complying with all applicable laws and standards, including without limitation: privacy/data protection (e.g., GDPR, CCPA/CPRA, VCDPA, CPA, UCPA, CTDPA), HIPAA (if applicable), PCI DSS, CAN-SPAM, TCPA/TSR/10DLC, e-commerce and consumer protection, accessibility requirements, records retention, and all tax obligations (calculation, collection, reporting, remittance). We provide technology only and do not provide legal, tax, or professional advice.

1.5 Privacy & Data Subject Requests

By using the Platform, you consent to our processing as described in our Privacy Policy. You must implement customer-facing privacy notices and obtain all necessary consents for data you provide to us or route through the Platform. You are solely responsible for receiving and fulfilling data subject requests from your customers and end users. If we receive one, we may direct it to you.

1.6 Security Incidents; Retention & Deletion

You are responsible for complying with data breach notification laws applicable to your processing activities, including investigation, notification, and remediation. You control your retention schedules for personal data and must delete/anonymize when legally required. We may retain certain information as permitted by law and our Privacy Policy.

1.7 Login Credentials

Safeguard credentials and enable recommended security measures (e.g., MFA). You authorize us to access your account for support, security, and to enforce these Terms. You are responsible for all actions under your credentials.

1.8 Communications Features (SMS/MMS/Email/Voice)

Telecom charges/surcharges may apply and will be invoiced. Upon cancellation, numbers provisioned via the Platform may be released after fourteen (14) days unless ported-in numbers are requested by their rightful owners. You are solely responsible for telecom and marketing compliance (see 1.11).

1.9 Third-Party Services & Integrations

The Platform may integrate with third-party services (e.g., email, telephony, payments, analytics, domains, storage, AI providers). Your use of third-party services is governed by those providers’ terms and privacy policies. We are not responsible for their acts, omissions, outages, data handling, or feature changes/deprecations.

1.10 Platform Provider Role

We are a technology and communications service provider only. You (not Market4Play) determine content, recipients, timing, and legality of your communications and are deemed the sender/advertiser/telemarketer for all legal purposes.

1.11 Your Telecommunications Compliance Obligations

You must comply with all laws governing marketing and communications, including but not limited to TCPA, TSR, CAN-SPAM, 10DLC, state “mini-TCPA,” DNC rules, and applicable international regimes (GDPR/CASL, etc.). You are solely responsible for obtaining, recording, and honoring valid consent, managing opt-outs, maintaining required registrations/bonds/licenses, and configuring compliance features correctly.

1.12 API & Fair Use; Trials

APIs and any “unlimited” features are subject to reasonable use, technical limits, and abuse protection. Excessive/abusive usage may be throttled, suspended, or require a plan upgrade. Serial trial misuse may result in suspension or termination.

1.13 International Use; Sanctions & Export

Do not use the Platform in embargoed/sanctioned jurisdictions or for prohibited end uses/users. You represent you are not on any restricted-party list and will comply with export/sanctions laws.

1.14 AI Features

If you use AI features, you must comply with Exhibit B (AI Acceptable Use & Disclaimers) and any jurisdictional limits on AI use.

1.15 Domains

We may facilitate domain registration/transfer via third-party registrars. Domain lifecycle, auto-renewal, DNS, and disputes follow registrar rules and applicable policies (e.g., UDRP). You indemnify us for domain-related disputes.

1.16 HIPAA; BAA Requirement

Market4Play does not permit the storage, processing, or transmission of Protected Health Information (PHI) in the Platform unless all of the following are met: (i) you have purchased our HIPAA add-on, (ii) you have executed Market4Play’s Business Associate Agreement (BAA), and (iii) Market4Play has confirmed activation of your HIPAA configuration profile in writing. Absent an executed BAA and confirmed activation, you must not input, upload, or expose PHI to the Platform and must configure the Platform to prevent PHI ingestion. Any PHI handled in breach of this section is at your sole risk and responsibility.

Client Sub-Accounts; White-Labeling & Resale

You may provision sub-accounts for your clients and resell Services under your brand. You are solely responsible for client support, billing, disputes, and compliance. You may not imply Market4Play employs you or that we endorse your offerings. You may not solicit Market4Play direct customers to churn to your resale.

No lifetime licenses. Access must be on a recurring subscription basis unless Market4Play agrees in writing.

We may suspend or terminate resale rights for breach, abuse, or non-responsiveness to legitimate client issues.

Payments, Wallet, Taxes, Cancellations, Refunds

Billing. Keep billing details current. Subscription fees are billed in advance (monthly or annually) and auto-renew at then-current rates until canceled. Usage-based fees (e.g., telecom) may draw from a funded wallet and/or be billed in arrears.

Wallet. When wallet funds fall below a threshold, your payment method may be auto-charged to replenish. Taxes on wallet spend may be calculated and deducted monthly; negative balances may be auto-covered by charging your payment method.

Late/Failed Payments. We may reattempt charges, assess costs/fees, suspend or cancel accounts for non-payment, and require alternative payment.

Disputes. Dispute invoices within 30 days in writing; pay undisputed amounts while we review.

Cancellation. Cancel in your account or by contacting [email protected] or +1 (833) 712-7529. You remain responsible for fees until cancellation is effective. Certain add-ons may be non-cancelable once enabled.

Refunds. Platform fees, usage surcharges, and third-party pass-throughs are non-refundable unless required by law. Unused wallet balances may be refunded upon request within 30 days of termination; promotional credits have no cash value.

Taxes. Fees are exclusive of taxes. You are responsible for all applicable taxes related to your use and resale. We may assess, collect, and remit taxes we believe are required.

Affiliate Program (If Offered)

Participation is subject to our separate Affiliate Agreement. Payout requires a valid payout profile. We may modify or discontinue the program at any time.

Intellectual Property; User Content; DMCA; Usage Data

Platform IP. The Platform and all content we provide (excluding your “User Contributions”) are owned by Market4Play or our licensors and protected by IP laws. We grant you a limited, revocable, non-transferable, non-exclusive license to use the Platform as intended.

User Contributions. You retain rights in your content and grant Market4Play and its processors a worldwide, royalty-free license to host, process, transmit, display, and otherwise use it solely to operate, secure, support, and improve the Services. You represent you have all necessary rights and your content is lawful and non-infringing.

Feedback. You grant Market4Play a perpetual, irrevocable, royalty-free license to use feedback without restriction or obligation.

DMCA. If you believe content on the Platform infringes your copyright, send a proper DMCA notice to:

DMCA Designated Agent
Name/Title: DMCA Agent, Market4Play, LLC
Email: [email protected]
Mailing Address: 1603 Capitol Ave., Suite 310, Cheyenne, Wyoming 82001
Phone: +1 (833) 712-7529

Email “DMCA Notice” or “DMCA Counter-Notice” with all elements required by 17 U.S.C. §512. We may remove or restore content consistent with the DMCA. You agree we may share your notice with the user who posted the material. You are responsible for keeping your contact details current.

Usage Data. We may collect and use de-identified/aggregated data about use of the Platform to operate, maintain, secure, and improve the Services as described in our Privacy Policy.

Disclaimers

THE PLATFORM AND ANY BETA/EARLY-ACCESS FEATURES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT UNINTERRUPTED OR ERROR-FREE OPERATION, THAT DEFECTS WILL BE CORRECTED, OR THAT OUTPUT (INCLUDING AI OUTPUT) WILL BE ACCURATE, COMPLETE, OR SUITABLE FOR YOUR PURPOSES. THIRD-PARTY SERVICES ARE PROVIDED BY THEIR OWNERS, AND WE DISCLAIM LIABILITY FOR THEM.

The Internet and telecom networks are inherently insecure; you assume risks associated with transmission.

Limitation of Liability; Indemnification

Limitation. To the maximum extent permitted by law, our aggregate liability arising out of or related to the Agreement will not exceed the fees you paid to Market4Play for the Services giving rise to the claim during the three (3) months before the event. If you only use free Services, our aggregate liability shall not exceed USD $100.

Exclusion. We will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages; lost profits, revenues, goodwill, data, or business interruption; or costs of substitute services, even if advised of the possibility.

Some jurisdictions do not allow certain exclusions/limitations; some of the above may not apply to you.

Indemnification. You will defend, indemnify, and hold harmless Market4Play from and against claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from or related to: (a) your content, communications, or use of the Platform; (b) breach of these Terms or law; (c) your customer relationships and transactions; (d) telecom/marketing compliance (consent, opt-outs, registrations, 10DLC, etc.); (e) taxes; (f) security incidents within your control; (g) data protection/HIPAA violations by you; and (h) third-party service configurations you enable.

If any part of the Platform is alleged to infringe IP rights, we may (at our option) procure rights, modify/replace the affected portion, or suspend the affected features without liability.

Time to Bring Claims

Any claim must be filed within three (3) months after it arose, or it is permanently barred.

Injunctive Relief

Breach may cause irreparable harm; we may seek equitable relief without posting bond.

Waiver; Severability

No waiver is ongoing unless in writing. If any provision is unenforceable, the remainder stays in effect.

Assignment; Change of Control

We may assign these Terms. You may not assign without our prior written consent.

Entire Agreement

These Terms, the Privacy Policy, and any mutually executed addenda form the entire Agreement and supersede prior understandings. Conflicts between these Terms and a separately signed agreement are resolved in favor of the signed agreement.

Term; Termination; Data Handling

These Terms apply while you maintain an account. We may suspend or terminate access (with or without notice) for breach, abuse, legal risk, non-payment, or inactivity (≥90 days). After termination/cancellation, we may retain your data for up to 90 days for limited recovery; thereafter we may delete it irreversibly. You are responsible for exporting your data before closure. Some artifacts (e.g., carrier records) may persist with third parties.

Force majeure events (e.g., labor disputes, outages, cyber incidents, war, acts of government, disasters) excuse delays or non-performance.

Governing Law; Binding Arbitration; Class Action Waiver

Governing Law. These Terms are governed by the laws of the State of Wyoming, without regard to conflict-of-laws rules, and the Federal Arbitration Act (FAA) governs interpretation and enforcement of the arbitration agreement below.

Binding Arbitration; Seat; Class Waiver. Any dispute, claim, or controversy arising out of or relating to the Agreement shall be resolved by binding, individual arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The seat and venue of arbitration will be Cheyenne, Wyoming or New York, New York, at Market4Play’s election. Class/collective/representative actions are waived.

Court Relief; Personal Jurisdiction. Notwithstanding the arbitration agreement, either party may seek injunctive or other equitable relief in state or federal courts located in Laramie County, Wyoming or New York County, New York, and each party consents to personal jurisdiction and venue in those courts for such limited purposes.

Notices; Contact

Legal notices to Market4Play: [email protected] (Subject: Legal Notice).


General support: [email protected] or +1 (833) 712-7529.


Legal page: https://www.market4play.com/legal/


Privacy Policy: https://www.market4play.com/privacy/

Notices to you may be sent to the email in your account profile and are effective upon receipt.

Definitions

“Communication Surcharges” – carrier/provider fees for telecom features (SMS/MMS/voice, shortcodes, 10DLC, etc.).


“Third-Party Services” – services, software, marketplaces, APIs, or providers integrated with or accessed via the Platform that are not operated by Market4Play.


“User Contributions” – content, data, materials you or your users upload, input, transmit, or generate in the Platform.
Other capitalized terms have the meanings given in context.

Exhibit A — Code of Conduct (Prohibited Uses)

You may not use the Platform to:

  • Violate any law, regulation, or applicable industry rule;

  • Harass, exploit, or harm persons; generate sexually explicit, hateful, or violent content;

  • Send unlawful or unsolicited advertisements; spam; phishing; malware; fraudulent schemes;

  • Impersonate others or misrepresent affiliation;

  • Infringe IP or proprietary rights;

  • Attack or probe systems; introduce malicious code; scrape, mine, or overload services;

  • Bypass security or access controls;

  • Engage in disinformation, astroturfing, fake reviews, or academic dishonesty;

  • Traffic in illegal/high-risk goods or instructions; provide unlicensed legal, medical, or financial advice;

  • Operate critical infrastructure or weapons development;

  • Violate telecom/marketing rules (TCPA/TSR/10DLC/CASL/GDPR email consent, opt-outs, DNC, pacing, quiet hours);

  • Violate data protection (privacy notices, consents, minimization, retention, DSRs, cross-border transfers).

We may suspend or terminate accounts for violations.

Exhibit B — AI Acceptable Use & Disclaimers

Disclaimers. AI/ML output may be inaccurate, incomplete, outdated, biased, or offensive. No professional advice. AI features are provided “AS IS.”

Your Responsibilities.

  • Review, edit, fact-check, and approve all AI output before use.

  • Do not input sensitive/regulated data (e.g., PHI, PCI, SSNs) unless expressly permitted by a signed addendum (e.g., BAA) and your tenant is configured accordingly.

  • Comply with applicable law, platform policies, and third-party rights (copyright, publicity, trademarks).

  • Disclose to end users where required that they are interacting with an AI system or synthetic content.

  • You indemnify Market4Play for claims arising from your AI use.

Prohibitions.

  • No discriminatory, hateful, harassing, or violent content.

  • No unlawful, deceptive, or harmful uses; no automated decisions with legal/similarly significant effects without required safeguards and consent.

  • No infringement or unauthorized scraping/harvesting.

  • No attempts to re-identify anonymized data or exfiltrate system prompts/weights.

We may route AI requests through third-party AI providers; their terms may apply.

HIPAA / BAA Operational Guidance (Informative)

To enable HIPAA mode: email [email protected] requesting the HIPAA add-on + BAA. We will countersign a BAA and confirm HIPAA profile activation in writing. Do not handle PHI on the Platform until activation. HIPAA profile typically enforces MFA, role-based access, audit logging, session timeouts, restricted integrations, encryption in transit/at rest, no PHI via SMS/MMS or unencrypted email, minimum-necessary collection, and defined retention/destruction.

Version Note. This document supersedes any prior Market4Play Terms published at https://www.market4play.com/terms. For archived versions or DPA/BAA requests, contact [email protected].

From websites to automations, Market4Play fuels your digital growth.

Contact Info

Main Phone: (518) 619-5180

© 2025 Market4Play. All rights reserved.

Follow us on: