What you agree to.

Who you are agreeing with

Mainmark is operated by Fairview Software Inc. o/a Mainmark. These terms are between you and that company. In these terms, Mainmark, we and us mean that company.

Mainmark is a service for businesses. You must be at least eighteen and have authority to enter this agreement. If you act for a business, you confirm that you can bind it, and these terms apply to that business.

You accept these terms when you expressly agree to them in your account, at checkout or in a written agreement. Your acceptance applies prospectively. It does not replace the terms governing an earlier purchase or dispute unless you separately agree or applicable law permits it.

Nothing in these terms removes consumer, privacy or other rights, remedies or obligations that applicable law does not allow us to exclude or limit.

What Mainmark does

Mainmark helps you build and host a website and manage business records, including enquiries, appointments, invoices and orders. Available features and limits depend on your plan and settings.

Mainmark Agent proposes changes when you ask for them in words. Nothing it proposes happens until you approve it.

Generated content can be inaccurate, incomplete or similar to content supplied to others. Review facts, prices, permissions and legal claims before using or publishing it. Mainmark does not provide legal, tax, medical or other professional advice, or guarantee sales, search rankings or regulatory compliance.

Your account

Give us accurate account and billing details and keep them current. Protect your credentials and tell us promptly if you suspect unauthorised access.

You are responsible for the people you authorise, their access and their use of your account. Invite only people you trust and remove access when it is no longer needed.

Previews, drafts and live websites

Your first website is published automatically as a preview at a mainmark.io address. Anyone with the address can view it. Do not include confidential information, and check its facts before sharing it.

A preview does not accept enquiries or appointments. A saved draft holds edits without changing the published website until you publish them. Live publishing requires an eligible plan, and appointments require a completed booking setup.

Free previews and experimental features can change, be limited or be withdrawn. They do not include a commitment to continued availability or permanent storage.

Plans and payment

Review the plan, currency, billing interval, activation charge and total at checkout before paying. You can go back to correct your selection before payment. The checkout details or a written order form part of your order. Billing invoices are available from Account plan through Manage billing. Applicable taxes are additional unless expressly included. You authorise the initial payment and recurring charges you select until cancelled.

Activation is charged once per account with the first monthly or yearly payment. It enables live publishing and supported business features after payment is confirmed. You choose which website to publish and complete any required feature setup. It does not buy custom design work. Studio includes up to one website change request per billing month, taking no more than sixty minutes, unless otherwise agreed in writing. Larger work is quoted separately.

Subscriptions renew automatically each month or year. Domains have separate annual charges and renewal settings. Keep a valid payment method. Unpaid charges can result in suspension of paid features or domain expiry.

Stripe processes payments. Mainmark does not receive your full card number or security code. We receive the billing and transaction information needed to manage your account. Your payment statement may identify our legal operator, Fairview Software Inc.

We may change prices for a future renewal after giving advance notice of the amount and effective date. You can cancel before that renewal. A change does not increase the price of a subscription period already paid for.

Cancellation and refunds

All refund requests are reviewed and processed manually. Cancelling, deleting a website or asking for a refund does not itself issue a refund. Manual review does not remove an entitlement under these terms or extend a refund deadline required by law.

Subscriptions: cancel from Account plan before the next renewal to stop future subscription charges. Access continues to the end of the paid period, when live websites go offline. Started monthly or yearly periods are not refundable for a change of mind, unused time, unused features, lower usage or a downgrade. Cancellation does not create a credit or prorated refund. Domain renewals are managed separately.

Activation: the charge is supplied when we enable the paid publishing access and supported features described in your order. It is not refundable once that access is enabled, even if you choose not to publish, connect a domain or complete your feature setup. Activation does not buy custom design work.

Domains: completed registrations and renewals are final and not refundable for a change of mind, a spelling mistake, the wrong extension, nonuse, a transfer, account closure or cancellation of a website plan. Registrar and registry costs are committed when the domain term is purchased. The fee pays for that fixed term, normally one year, rather than daily use. Stopping renewal prevents a future term; it does not undo a completed term.

If you ask to cancel a domain renewal after its advance billing date but before the registrar completes it, contact us promptly. We review whether the renewal can still be stopped and what amount can be returned. Where cancellation is agreed and the law permits, the return may exclude documented provider costs already incurred, including payment processing and currency conversion fees. We confirm any deduction and the amount in writing. A completed renewal remains subject to the domain rule above.

Studio, Enterprise and separately quoted work: the written order identifies the deliverables, fees, billing schedule and cancellation terms. Included monthly assistance is an allowance for that month, not cash, a refundable balance or a promise that unused requests carry forward. Activation remains separate from custom work. Unless the written order or law says otherwise, completed work and approved provider costs already committed are not refundable; any unfinished scope and unused advance are reviewed against the order.

We will return duplicate or erroneous charges and payments for activation, domain registration or domain renewal that we cannot deliver. If we permanently discontinue paid subscription service before its paid period ends for reasons other than your breach, we will refund the unused prepaid subscription portion. We do not deduct our processing costs from these refunds. Applicable taxes are adjusted as required. These exceptions and all mandatory legal refund rights take priority over the restrictions above.

Any goodwill refund or credit beyond these terms is discretionary and does not create a promise for another purchase. Where lawful, an agreed goodwill amount may exclude completed work and documented provider costs. We confirm the amount and any deductions in writing before processing it. We do not impose an additional cancellation or refund fee that you did not agree to.

Send billing errors and refund requests to sufyan@mainmark.io with your account email and invoice reference. Do not send card numbers. We check the order, delivery and applicable rights, confirm the decision, and process approved refunds through Stripe to the original payment method where available. A refund request or approval is not proof that money has reached you; your bank or payment provider controls that timing. Contact us promptly so we can investigate. Nothing here prevents a lawful payment dispute or chargeback.

Your content and our software

You retain your rights in the content you supply. As between you and Mainmark, you may keep, edit and use text generated for your website. To the extent we own transferable rights in that text, we assign those rights to you. This does not guarantee copyright protection, originality or freedom from another person's rights.

Mainmark and its licensors retain their rights in the platform, software, templates, tools and branding. Stock photographs, fonts and other supplied materials remain subject to their licences. Buying a plan does not transfer ownership of those materials or the platform.

You grant us a nonexclusive, worldwide, royalty free licence to host, copy, process, adapt and display your content only as needed to provide, secure and support the service, including through our service providers and connections you authorise. This includes publishing the website you ask us to host. It does not give us unrestricted advertising rights to your content.

You must have the rights, permissions and lawful authority needed for your content and its processing. You are responsible for reviewing your website and keeping its claims, notices and business information accurate.

Your customers and business obligations

Your business is responsible for its goods, services, appointments, invoices and orders, including fulfilment, refunds, taxes, licences and disputes with customers. Mainmark supplies software and hosting and is not the seller of your goods or services or a party to those transactions.

You are responsible for appropriate privacy notices, lawful collection and use of customer information, and any consent required for forms, booking, AI processing, messages, analytics, advertising or connected tools. Our privacy notice explains Mainmark's handling of information; it does not replace your business's notice or our own legal obligations.

Do not use Mainmark to store medical records, identity documents, full payment card details, passwords or similarly sensitive records unless we have expressly agreed in writing to support that use and its requirements. Mainmark is not an emergency service or a clinical records system.

Taking payments from your customers

You can let your customers pay you through Mainmark, for example a deposit or the full price when they book. Payments are processed by Stripe, in a Stripe account that belongs to your business. You open it with Stripe, and you accept Stripe's own terms (the Stripe Connected Account Agreement) when you do.

Your business is the seller in every payment. The money goes to your Stripe account, and Stripe pays it out to your bank. Mainmark never holds your customers' money and never sees their card details.

Mainmark charges a platform fee of 1% of each payment, taken by Stripe from the payment when it is made. Stripe charges your business its own processing fees separately. Fees may change on 30 days' notice.

When you refund a payment in full through Mainmark, the platform fee on it is refunded too. Stripe's own processing fees follow Stripe's terms.

You decide and publish your own refund and cancellation policy, and you honour it. When your business declines a paid booking request, or a paid time turns out to be taken, Mainmark refunds the payment automatically.

You are responsible for chargebacks, disputes, taxes and any law that applies to what you sell. Stripe may pause or close your Stripe account under its own terms; Mainmark cannot override it.

You must not take payments for anything Stripe or the law prohibits. Mainmark may turn payments off for a business whose Stripe account is restricted, or that uses them against these terms.

Acceptable use

Do not use Mainmark for unlawful, fraudulent, misleading, infringing, abusive or harmful content or activity. Do not impersonate others, distribute malware, send spam or collect information without lawful authority.

Do not access another customer's information, bypass security or plan limits, interfere with the service, or use its forms, email, webhooks or other tools to attack or abuse people or systems. Do not copy or reverse engineer proprietary parts of the platform except where applicable law permits it.

We may investigate suspected misuse and remove or restrict content or access where reasonably necessary to protect the service, people or legal rights. We are not required to preapprove your content or continuously monitor every website.

Email and connected services

Mainmark can send operational messages for your business, such as enquiry alerts, booking confirmations, reminders and invoices. You are responsible for the recipient details, message content and permission to send. These tools are not a mailing list service.

Delivery, timing and receipt of email, payments and webhook events depend on outside systems and are not guaranteed. Check important transactions and keep another way to contact customers when necessary.

Registrars, payment services, stock libraries and tools you connect have their own terms and privacy practices. You authorise the data exchanges needed for connections you enable and are responsible for their settings. Mainmark does not control services operated by others.

Domains

Domains purchased through Mainmark are registered for you, subject to availability and the registrar's and registry's rules, including Cloudflare's Domain Registration Agreement at https://www.cloudflare.com/domain-registration-agreement/. Review the exact spelling, extension, price and term before paying; a registered name cannot be renamed. Keep registration details accurate and complete required verification. Registration is confirmed only when the registrar completes it.

Domain renewals are charged separately, normally forty five days before expiry to allow time for registration and payment retries. Turn off renewal before its billing date to stop the next charge. Cancelling your website plan, deleting a website or requesting a transfer does not refund a domain term already completed. Manage domain renewal separately before its billing date.

A domain can expire or become unavailable if it is not renewed or its requirements are not met. Transfers can be subject to locks and other registrar restrictions. Contact us to arrange a transfer before closing your account. A domain you connect from another provider remains your responsibility to maintain.

Data, exports and account closure

Keep independent copies of important business records and original files. Account exports contain the website data described in Account, not every platform record or original image. An export is not a complete backup that can restore a website in Mainmark.

Cancelling a subscription does not itself delete saved website and customer records. Retention, deletion requests and backup limits are explained in the privacy notice. Mainmark is not a permanent archive.

Download the data you need before deleting a website or requesting account closure. Permanent deletion cannot be undone through the application. Some information may need to be retained for legal, billing, security or dispute purposes, as explained in the privacy notice.

Suspension and termination

We may suspend or end access for a material breach, nonpayment, unlawful use, a security threat or a legal requirement. We may act immediately where delay would create risk. Where lawful and practical, we will explain the reason and allow a reasonable opportunity to resolve the issue.

We may also discontinue the service or end a business relationship with reasonable advance notice. The refund provision above applies if we end paid service early without your breach. Access to websites and records may end with the service, subject to applicable privacy and other legal rights.

Accrued payment obligations and provisions intended to survive, including intellectual property, liability, claims and dispute provisions, continue after the account or service ends.

Availability and warranties

To the fullest extent permitted by law, the service and generated content are provided as is and as available. We exclude implied warranties and conditions, including merchantability, fitness for a particular purpose and noninfringement, except where they cannot lawfully be excluded.

We do not promise uninterrupted or error free service, complete security, that every defect will be fixed, or a particular business outcome. Features may change or be withdrawn. Maintenance, network failures and events outside our reasonable control can interrupt the service. Any specific service level commitment must be agreed in writing.

Liability

To the fullest extent permitted by law, Mainmark and its directors, officers, employees and service providers are not liable for lost profits, revenue, business, opportunities, goodwill or data, or indirect, consequential, special, exemplary or punitive damages arising from the service or these terms, even if advised that such loss was possible.

To the fullest extent permitted by law, their total combined liability for all claims arising from the service or these terms is limited to the greater of CAD $100 and the subscription and activation fees you paid to Mainmark in the twelve months immediately before the first event giving rise to the claim. Taxes and domain or other third party charges are excluded from that calculation. Multiple claims do not increase this total limit.

These limits apply regardless of the form of claim, including contract, tort or negligence. They do not limit liability for our fraud or wilful misconduct, or any liability or remedy that applicable law does not allow us to exclude or limit.

Claims arising from your business

To the extent permitted by law, you will indemnify Mainmark and its directors, officers and employees against reasonable losses, damages and legal costs from third party claims arising from your content, your goods or services, your unlawful handling of information, or your breach of these terms. This does not cover the portion caused by our own breach, negligence or wilful misconduct.

We will notify you of the claim and reasonably cooperate. At our request, you will defend it using counsel reasonably acceptable to us. You must not settle a claim that admits fault for us or imposes obligations on us without our written consent, which we will not unreasonably withhold.

Governing law and disputes

These terms and disputes arising from them or the service are governed by the laws of Alberta and the federal laws of Canada applicable in Alberta, without applying conflict of laws rules.

Subject to any mandatory right to bring a claim elsewhere, you and Mainmark submit to the exclusive jurisdiction of the courts of Alberta, Canada. Nothing here prevents a complaint to a competent regulator or overrides protections that apply regardless of the chosen law.

You may contact us to try to resolve a dispute informally. Doing so is not a condition of exercising a legal right and does not suspend a legal deadline.

Changes and general terms

We may update these terms prospectively. We will give notice of material changes through your account or contact email before they apply, identifying their effective date. Changes that require consent will apply only after that consent. If you disagree, you may stop using the service and cancel before the change takes effect. Updated terms do not rewrite an existing dispute.

These terms and your order or a separate written agreement with Mainmark form the agreement for the service. A separate written agreement controls only where it expressly changes these terms. The privacy notice describes information handling and does not expand a limitation of liability or waive privacy rights.

If a provision is unenforceable, the rest remains effective to the extent permitted by law. A delay in enforcing a right does not waive it. You may not transfer this agreement without our written consent. We may transfer it in connection with a business reorganisation or sale, subject to applicable law and your existing rights.

Contact

Questions, notices and billing requests go to sufyan@mainmark.io, for Fairview Software Inc. o/a Mainmark, Alberta, Canada.