Merchant Agreement
Effective: June 30, 2026
By using any services, software, or hardware provided by G Mark Technologies (G Mark HQ), or by signing an Order Form or Master Services Agreement that references this Merchant Agreement, you (“Merchant”) agree to comply with all applicable terms and conditions. This includes the G Mark Merchant Agreement, any Order Forms, the Master Services Agreement (if applicable), Payment Processing Terms, Privacy Policy, End User License Agreement, Data Processing Addendum, and other relevant policies (collectively, the “Additional Terms”). If you accept this Agreement on behalf of a Merchant, you confirm that you are authorized to do so. If you lack such authority or do not agree to these terms, you must not use any G Mark services.
This Agreement includes a binding arbitration clause. Except in limited cases, you agree to resolve any disputes with G Mark through final and binding arbitration, not in court. You may only bring claims against G Mark in your individual capacity, not as part of a class or collective action. Relief (monetary, injunctive, or declaratory) may only be sought on an individual basis. References to G Mark may include its bank partners or payment processors where applicable.
This Agreement governs the Merchant’s access to and use of the Services, Hardware, and Professional Services provided by G Mark Technologies as outlined in the applicable Order. These Services may include, but are not limited to: (a) mobile and web applications enabling the Merchant’s staff and customers to place orders and process payments; (b) payment processing and the transfer of net sales proceeds to the Merchant’s designated bank account; (c) sales and activity reporting tools; and (d) support in managing customer inquiries related to payments or order placement—all under the Merchant’s G Mark account.
Subject to the Merchant’s continued compliance with this Agreement, G Mark Technologies grants the Merchant a limited, non-exclusive, non-transferable, non-sub-licensable, and revocable license to allow its employees to access and use the Services solely for the Merchant’s internal business operations during the term of this Agreement.
The Services are provided under license—not sold—and the Merchant acknowledges that no ownership or rights beyond the scope and duration defined in this Agreement are being transferred. This license does not permit the Merchant or any third party to copy, modify, enhance, transfer, or disclose the Services or any confidential information or intellectual property of G Mark to others.
If you purchase Professional Services, you must promptly give G Mark Technologies ("SPS") the information, resources, and cooperation needed for setup and training.
All dates we provide are estimates that depend on your timely help. SPS is not liable for delays caused by your inaction and may end the agreement with five (5) days’ written notice if those delays create a breach.
Neither party will be liable for delays or failures in performance caused by events beyond their control such as natural disasters, war, terrorism, pandemics, or internet outages. Obligations resume once the event ends.