Terms of Service

"MarketBook", "we", "us", or "our" refers to Averit Technology Limited and the MarketBook software platform.

"User", "you", or "your" refers to any individual or entity that creates an account or uses the MarketBook services.

"Services" means the MarketBook software platform, including the point of sale (POS) system, inventory management tools, financial tracking features, customer management, and any related functionalities provided through our website or applications.

"Account" means your registered user account on the MarketBook platform.

"Subscription" means any paid plan or service tier you purchase to access premium features of MarketBook.

"Content" means any data, information, text, images, or other materials you upload, store, or transmit through the Services, including product listings, customer data, financial records, and inventory information.

"Store" means your business location(s) or online presence managed through the MarketBook platform.

By accessing or using MarketBook, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy.

If you are using MarketBook on behalf of a business or organization, you represent and warrant that you have the authority to bind that entity to these Terms.

If you do not agree to these Terms, you must not access or use the Services.

3.1 Age and Authority

You must be at least 18 years old to create an account and use MarketBook. By creating an account, you represent that you meet this age requirement and have the legal capacity to enter into these Terms.

3.2 Account Registration

To use certain features of MarketBook, you must register for an account by providing accurate, complete, and current information. You agree to update your information promptly if it changes.

3.3 Account Security

You are responsible for maintaining the confidentiality of your account credentials (username and password) and for all activities that occur under your account. You agree to:

• Use a strong, unique password
• Not share your account credentials with others
• Notify us immediately of any unauthorized access or security breach
• Log out of your account at the end of each session on shared devices

3.4 Account Responsibility

You are solely responsible for all activities conducted through your account, whether or not you authorized such activities. MarketBook will not be liable for any loss or damage arising from your failure to maintain account security.

3.5 Prohibited Account Actions

You may not:

• Create multiple accounts to circumvent restrictions or fees
• Sell, transfer, or assign your account to another party
• Use another user's account without permission
• Create an account using false information or impersonating another person or entity

4.1 Software Tools

MarketBook provides software tools to help businesses manage their operations, including but not limited to:

• Point of sale (POS) system for processing transactions
• Inventory management and stock tracking
• Financial tracking and profit calculation
• Customer management and credit control
• Debt tracking and automated reminders
• Sales reports and analytics
• Multi-store management
• Employee access management

4.2 Software-Only Service

Important: MarketBook provides software tools only. We do NOT:

• Act as a marketplace operator or merchant of record
• Process payments on your behalf (except for MarketBook subscription fees)
• Own, sell, or take responsibility for your products or services
• Assume liability for your inventory, pricing, or business operations
• Provide legal, tax, or accounting advice

4.3 Service Plans

MarketBook offers multiple subscription plans with varying features and limitations. The specific features available to you depend on your chosen plan. We reserve the right to modify plan features and pricing with reasonable notice.

5.1 Data Accuracy

You are solely responsible for the accuracy, completeness, and legality of all information you enter into MarketBook, including:

• Product names, descriptions, and images
• Pricing information (cost price, selling price, discounts)
• Inventory quantities and stock levels
• Customer information and credit limits
• Financial data and transactions
• Tax rates and calculations

5.2 Legal Compliance

You are responsible for ensuring that your use of MarketBook complies with all applicable laws and regulations, including but not limited to:

• Business registration and licensing requirements
• Tax obligations and reporting
• Consumer protection laws
• Data protection and privacy regulations
• Employment laws (if managing staff through MarketBook)
• Industry-specific regulations (e.g., pharmacy, alcohol sales)

5.3 Business Operations

You acknowledge and agree that:

• You are responsible for all business decisions made using MarketBook data
• You must independently verify critical information before making business decisions
• You are responsible for backing up your business-critical data
• You must maintain appropriate insurance for your business operations

5.4 Customer Service

You are solely responsible for providing customer service to your customers, including handling complaints, returns, refunds, and disputes. MarketBook is not responsible for resolving issues between you and your customers.

6.1 Offline Mode

MarketBook may offer offline functionality that allows you to continue using certain features without an internet connection. However, offline mode has inherent limitations and risks.

6.2 Eventual Consistency

When using offline mode, data synchronization occurs when your device reconnects to the internet. This means:

• Data entered offline will not be immediately visible on other devices
• There may be delays between when you make changes and when those changes appear across all devices
• Inventory levels shown offline may not reflect the actual current state if changes were made on other devices

6.3 Conflict Resolution

If conflicting data is entered on multiple devices during offline periods, MarketBook will attempt to resolve conflicts automatically. However:

• Automatic conflict resolution may not always produce the desired result
• In some cases, manual review and correction may be required
• You are responsible for monitoring and resolving data conflicts
• Loss of data may occur in rare conflict scenarios

6.4 Stock Integrity Disclaimer

Important: MarketBook makes a best-effort attempt to maintain accurate inventory counts, but we cannot guarantee real-time accuracy, especially when:

• Multiple devices are used simultaneously
• Offline mode is being used
• Network connectivity is unstable
• High transaction volumes are occurring

You are responsible for conducting periodic physical inventory counts and reconciling them with MarketBook records.

6.5 Offline Usage Risks

By using offline mode, you acknowledge and accept the risks including but not limited to:

• Overselling products due to outdated stock information
• Duplicate sales if transactions are recorded on multiple devices
• Incorrect pricing if price changes haven't synced
• Data loss if devices are damaged, lost, or stolen before syncing

7.1 Subscription Fees

Access to certain features of MarketBook requires a paid subscription. Subscription fees are stated in Nigerian Naira (₦) or other currencies as applicable and are subject to change with reasonable notice.

7.2 Billing Cycles

Subscriptions are billed on a recurring basis according to your chosen billing cycle (monthly, semi-annually, or annually). Payments are due at the beginning of each billing period and are non-refundable except as expressly stated in these Terms.

7.3 Payment Methods

You agree to provide current, complete, and accurate payment information. You authorize us to charge your chosen payment method for all fees incurred under your account.

7.4 Failed Payments

If payment fails for any reason:

• We will notify you and attempt to collect payment again
• Your access to premium features may be suspended or restricted
• We may charge a reasonable fee for failed payment processing
• Repeated payment failures may result in account termination

7.5 Refund Policy

Subscription fees are generally non-refundable. However, we may offer refunds at our sole discretion in cases of:

• Technical issues that prevent you from using the service
• Duplicate charges due to system errors
• Cancellation within 14 days of initial subscription purchase (new customers only)

Refund requests must be submitted through our official support channels.

7.6 Taxes

All fees are exclusive of applicable taxes (including VAT, sales tax, GST) unless otherwise stated. You are responsible for paying all taxes associated with your use of MarketBook and your business operations.

7.7 Price Changes

We reserve the right to modify subscription pricing. We will provide at least 30 days' notice before any price increase affects your account. Your continued use of the service after the price change constitutes acceptance of the new pricing.

You agree not to use MarketBook for any unlawful purpose or in any way that could damage, disable, overburden, or impair the service.

8.1 Prohibited Activities

You may not:

• Illegal Activities: Use MarketBook for any illegal purpose, including selling prohibited or restricted goods
• Fraud: Engage in fraudulent activities, including fake transactions or manipulation of financial records
• Abuse: Harass, threaten, or harm other users or our staff
• Unauthorized Access: Attempt to gain unauthorized access to any part of the service, other users' accounts, or our systems
• Reverse Engineering: Decompile, reverse engineer, or attempt to extract source code from MarketBook
• Scraping: Use automated tools to scrape, crawl, or index the service without permission
• Reselling: Resell, sublicense, or redistribute MarketBook without our written consent
• Malware: Upload or transmit viruses, malware, or other malicious code
• Spam: Send unsolicited communications or spam through the service
• Misrepresentation: Misrepresent your identity, business, or affiliation

8.2 Consequences of Violations

Violation of this Acceptable Use Policy may result in:

• Immediate suspension or termination of your account
• Legal action, including reporting to law enforcement
• Liability for damages caused by your violations

9.1 Your Data Ownership

You retain all ownership rights to the Content you submit to MarketBook. We do not claim ownership of your business data, customer information, product listings, or other Content.

9.2 License to Process Data

By using MarketBook, you grant us a limited, non-exclusive license to store, process, and display your Content solely for the purpose of providing the Services to you. This includes:

• Storing your data on our servers
• Processing data to generate reports and analytics
• Displaying data in your dashboard and mobile apps
• Backing up data for disaster recovery

9.3 Data Privacy

Your use of MarketBook is also governed by our Privacy Policy, which describes how we collect, use, and protect your personal information and business data.

9.4 Data Retention

We retain your data for as long as your account is active and for a reasonable period afterward to comply with legal obligations and resolve disputes. You can request deletion of your data as described in our Privacy Policy.

9.5 Data Export

You may export your data from MarketBook at any time using our data export features. We recommend regular backups of business-critical data.

9.6 Aggregated Data

We may use aggregated, anonymized data derived from your use of MarketBook for analytics, research, and service improvement purposes. This aggregated data does not identify you or your business individually.

10.1 MarketBook Ownership

MarketBook and all related trademarks, logos, software, designs, and content are owned by Averit Technology Limited and are protected by intellectual property laws. This includes:

• The MarketBook software and source code
• The MarketBook name, logo, and branding
• Documentation, tutorials, and help content
• Website design and user interfaces

10.2 Restrictions

You may not:

• Copy, modify, or create derivative works of MarketBook
• Remove or alter any copyright, trademark, or proprietary notices
• Use the MarketBook name or logo without written permission
• Claim ownership of any part of the MarketBook platform

10.3 Feedback

If you provide feedback, suggestions, or ideas about MarketBook, you grant us a perpetual, worldwide, royalty-free license to use, modify, and incorporate such feedback into our services without any obligation to you.

10.4 Third-Party Services

MarketBook may integrate with third-party services (payment processors, messaging services, etc.). Your use of such services is subject to their respective terms and conditions.

11.1 "As-Is" Service

MarketBook is provided on an "as-is" and "as-available" basis. We strive to maintain high availability but do not guarantee uninterrupted or error-free service.

11.2 Maintenance and Downtime

We may perform scheduled maintenance, updates, or repairs that may temporarily interrupt service. We will attempt to provide advance notice of planned downtime when possible, but we are not obligated to do so.

11.3 Service Modifications

We reserve the right to:

• Modify, add, or remove features at any time
• Change the design or functionality of the platform
• Discontinue any aspect of the service with reasonable notice

11.4 No Uptime Guarantee

Unless explicitly stated in a separate Service Level Agreement (SLA), we do not guarantee any specific uptime percentage. We are not liable for any business losses resulting from service interruptions.

12.1 Termination by You

You may terminate your account at any time by:

• Using the account cancellation feature in your settings, or
• Contacting our support team

Termination does not relieve you of any fees owed for services already provided.

12.2 Termination by MarketBook

We may suspend or terminate your account immediately if:

• You violate these Terms of Service
• You fail to pay subscription fees
• You engage in fraudulent or illegal activities
• Your account has been inactive for an extended period
• We are required to do so by law
• Continuing to provide service would create legal or security risks

12.3 Effects of Termination

Upon termination of your account:

• Your access to MarketBook will be immediately revoked
• We may delete your data after a reasonable grace period (typically 30-90 days)
• You remain responsible for any outstanding fees
• Sections of these Terms that by their nature should survive (e.g., liability limitations, indemnification) will continue to apply

12.4 Data Retrieval

After termination, you have a limited time (typically 30 days) to export your data. After this grace period, we may permanently delete your data and cannot guarantee its recovery.

13.1 No Warranty

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MARKETBOOK IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Warranties of merchantability
• Fitness for a particular purpose
• Non-infringement
• Accuracy, reliability, or completeness of data
• Uninterrupted or error-free operation

13.2 Data Accuracy Disclaimer

While we strive to provide accurate calculations and data management, we do not guarantee that:

• Financial calculations (profit, revenue, expenses) are error-free
• Inventory counts are always accurate in real-time
• Reports are suitable for tax or accounting purposes without independent verification
• Data synchronization will occur without conflicts or data loss

13.3 Professional Advice Disclaimer

MarketBook is not a substitute for professional advice. We do not provide:

• Legal advice
• Tax advice
• Accounting services
• Business consulting

You should consult qualified professionals for such advice.

13.4 Third-Party Services

We are not responsible for the performance, availability, or content of third-party services integrated with MarketBook.

14.1 Exclusion of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MARKETBOOK AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, revenue, or business
• Loss of data or information
• Business interruption
• Loss of goodwill or reputation
• Cost of substitute services

This limitation applies regardless of the legal theory (contract, tort, negligence, strict liability, or otherwise), even if we were advised of the possibility of such damages.

14.2 Liability Cap

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO YOUR USE OF MARKETBOOK SHALL NOT EXCEED THE GREATER OF:

• The amount you paid to MarketBook in the 12 months preceding the claim, or
• ₦100,000 (One Hundred Thousand Naira)

14.3 Basis of the Bargain

You acknowledge that we have set our prices and entered into these Terms in reliance upon the disclaimers and limitations of liability set forth herein, which form an essential basis of the bargain between you and MarketBook.

14.4 Jurisdictional Limitations

Some jurisdictions do not allow the exclusion or limitation of certain warranties or damages. In such jurisdictions, our liability will be limited to the maximum extent permitted by law.

You agree to indemnify, defend, and hold harmless MarketBook, Averit Technology Limited, and our officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from:

• Your use or misuse of MarketBook
• Your violation of these Terms
• Your violation of any laws or regulations
• Your violation of any third-party rights, including intellectual property, privacy, or publicity rights
• Any Content you submit to MarketBook
• Your business operations, products, or services
• Disputes between you and your customers or suppliers
• Any tax obligations or regulatory non-compliance related to your business

We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you will cooperate with us in asserting any available defenses.

16.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Federal Republic of Nigeria, without regard to its conflict of law principles.

16.2 Jurisdiction

You agree that any legal action or proceeding arising out of or relating to these Terms or your use of MarketBook shall be brought exclusively in the courts located in Lagos, Nigeria, and you consent to the personal jurisdiction of such courts.

16.3 Dispute Resolution Process

Before initiating any legal action, you agree to first contact us at support@marketbook.app to attempt to resolve the dispute informally. We will work in good faith to resolve disputes amicably.

16.4 Class Action Waiver

To the extent permitted by law, you agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

17.1 Right to Modify

We reserve the right to modify these Terms at any time. When we make changes, we will:

• Update the "Last Updated" date at the top of this page
• Notify you via email or through the MarketBook platform
• Provide a summary of material changes when practical

17.2 Acceptance of Changes

Your continued use of MarketBook after any changes to these Terms constitutes your acceptance of the new Terms. If you do not agree to the modified Terms, you must stop using MarketBook and may terminate your account.

17.3 Material Changes

For material changes that negatively affect your rights, we will provide at least 30 days' advance notice before the changes take effect (except where required by law to implement changes immediately).

18.1 Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices or agreements published by us, constitute the entire agreement between you and MarketBook regarding your use of the Services.

18.2 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the remaining Terms remain in full force and effect.

18.3 Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. Our failure to enforce any right or provision of these Terms will not constitute a waiver of such right or provision.

18.4 Assignment

You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms without restriction. Any attempted transfer or assignment in violation of this section will be null and void.

18.5 Force Majeure

We shall not be liable for any failure or delay in performing our obligations due to causes beyond our reasonable control, including natural disasters, war, terrorism, riots, embargoes, acts of government, power failures, or internet disruptions.

18.6 Relationship

No agency, partnership, joint venture, employer-employee, or franchiser-franchisee relationship is intended or created by these Terms.

18.7 Survival

Provisions that by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnification, and limitations of liability.

If you have questions, concerns, or disputes regarding these Terms of Service, please contact us:

For general support inquiries, please use our in-app support chat or visit our help center. For legal matters specifically, use the legal email address above.