Terms of Service

1. Company information

MarkMill Local is operated by MarkMill Software Corp. In these Terms, "MarkMill", "MarkMill Local", "we", "us", and "our" mean MarkMill Software Corp.

Legal notice and customer contact information:

MarkMill Software Corp.
900 Central Park Dr, Unit 17
Brampton, Ontario, Canada
Attention: Alejandro Garcia Polo
Email: hello@markmill.ca
Phone: 289-889-1844

2. Agreement to these Terms

By visiting the website, creating an account, submitting onboarding information, selecting a plan, paying through Stripe, using the dashboard, requesting support, or using any MarkMill Local service, you agree to these Terms, the Privacy Policy, the Refund Policy, and any plan-specific terms shown at checkout or on the pricing page.

If you are using MarkMill Local for a business, you confirm that you have authority to bind that business to these Terms. If you do not agree, do not create an account, submit onboarding information, or purchase a plan.

3. Eligibility and account security

You must be at least 18 years old, or the age of majority where you live, and have legal capacity to enter into this agreement. You must provide accurate account and business information and keep it current.

You are responsible for maintaining the confidentiality of your login credentials and for activity under your account. You must notify us promptly if you believe your account has been accessed without authorization.

4. Service description

MarkMill Local provides managed website services for local businesses. Depending on your selected plan and project scope, the service may include website design and build, mobile-friendly layout, hosting, SSL setup, basic technical setup, local SEO basics, domain connection help, ongoing maintenance, monthly edits, support, client dashboard access, project status tracking, support tickets, request attachments, and website metrics.

Our service is intentionally designed for practical small-business websites. Complex ecommerce, custom applications, advanced integrations, regulated-industry compliance, booking software, ordering systems, advertising campaigns, or custom development may require a separate written quote or separate terms.

5. Onboarding and client responsibilities

You are responsible for providing accurate, complete, and lawful business information, including business name, contact details, hours, services, menu items, prices, photos, logos, brand files, social links, domain details, launch preferences, and other materials needed to build and maintain your website.

Timelines begin only after we receive the information, files, approvals, access, and payments required for the project. Delays caused by missing content, unclear instructions, third-party accounts, domain access, payment issues, or delayed approvals may delay delivery or launch.

You are responsible for reviewing the website before launch and confirming that all business information, prices, claims, licensing statements, health, legal, financial, or professional information, and regulated content are accurate and lawful.

6. Plans, limits, and edits

Plan features, page limits, edit limits, support level, billing intervals, and prices are shown on the pricing page and may vary by plan. Current standard plans include monthly, quarterly, and annual billing options in Canadian dollars.

"Small edits" include ordinary updates such as text changes, business hours, prices, menu items, photos, links, simple page changes, and announcements. New pages, redesigns, custom integrations, custom forms, ecommerce workflows, advanced SEO work, major copywriting, branding work, photography, or changes outside your plan limits may require a plan upgrade or separate quote.

Unused monthly edits do not roll over unless we agree in writing. We may decline requests that are unlawful, abusive, outside the service scope, technically unreasonable, or likely to harm site security, performance, or compliance.

7. Website build, review, launch, and hosting

We will use reasonable efforts to build and maintain your website in a professional manner. Any timeline shown on the website, such as "days, not weeks" or estimated turnaround times, is an estimate and depends on project complexity, content readiness, approvals, plan level, third-party tools, domain access, and payment status.

Hosting, SSL, backups, and basic technical setup are included while your eligible subscription remains active and in good standing. We may use third-party hosting, storage, analytics, security, payment, and infrastructure providers to deliver the service.

We do not guarantee uninterrupted website availability, search ranking, lead volume, sales, revenue, advertising performance, or specific business outcomes.

8. Domains and third-party tools

You should keep ownership of your domain name. If we help register, connect, configure, or manage a domain, you remain responsible for registrar fees, renewal fees, accurate registrant information, and maintaining access unless we separately agree otherwise in writing.

Your website may include or connect to third-party services, such as Stripe, Google Maps, Google sign-in, Microsoft Clarity, booking tools, ordering tools, social platforms, domain registrars, email providers, analytics tools, or hosting infrastructure. Third-party services are governed by their own terms and privacy policies. We are not responsible for third-party outages, price changes, policy changes, data practices, or account restrictions.

9. Payments, subscriptions, renewals, and taxes

Paid plans are subscription services billed through Stripe. By purchasing a plan, you authorize Stripe and MarkMill to charge your selected payment method for recurring fees, applicable taxes, and any approved additional charges according to your selected billing interval.

Subscriptions renew automatically until cancelled. You may manage payment details and cancellation through Stripe's secure customer portal where available, or by contacting us. Cancellation normally takes effect at the end of the current paid billing period unless otherwise required by law or expressly agreed by us in writing. Cancellation does not by itself give you ownership of, or an export right to, website work that has not vested under Section 12.

If you upgrade, downgrade, or change plans, the change may take effect immediately or at the next billing date depending on the checkout, billing portal, or written confirmation. Additional charges, credits, or plan-limit changes may apply as shown at checkout, in Stripe, or in a written confirmation from us.

Prices are stated in Canadian dollars unless otherwise shown. We aim to display pricing clearly and avoid hidden mandatory non-government fees. Taxes and government-imposed charges may be added where applicable.

10. Refunds

Refunds are governed by the Refund Policy, which is incorporated into these Terms. In general, subscription payments are non-refundable once charged, including monthly, quarterly, and annual renewals, except where required by law or where we approve a refund under the Refund Policy.

11. Client content and licences

You keep ownership of the business information, logos, photos, text, files, menus, service lists, documents, and other materials you submit to MarkMill Local, subject to any rights held by third parties.

You grant MarkMill a non-exclusive, worldwide, royalty-free licence to host, copy, store, process, resize, crop, modify, display, publish, and otherwise use your submitted materials as needed to provide, maintain, market, support, secure, and improve your website and the MarkMill Local service.

You confirm that you have all rights and permissions needed for the materials you provide and that your materials do not infringe copyright, trademark, privacy, publicity, confidentiality, or other rights.

12. Website ownership and MarkMill materials

You keep ownership of the business content you provided, such as your business information, logos, photos, text, files, menus, service lists, and other submitted materials, subject to any rights held by third parties.

Unless a separate written agreement says otherwise, MarkMill owns the website design, layout, front-end HTML/CSS/JavaScript, templates, implementation, code, systems, software, workflows, source code, design methods, internal tools, reusable components, know-how, documentation, brand assets, and general improvements that we create, configure, adapt, or use to provide MarkMill Local until the ownership conditions in this Section 12 are fully satisfied.

A client becomes eligible to receive ownership of the exportable front-end website package only after both of the following conditions are met: (a) at least three billable monthly payouts, or the equivalent prepaid amount under a quarterly or annual plan, have been fully paid and are not refunded, reversed, charged back, credited, disputed, or outstanding; and (b) at least three calendar months have passed from the start date of the paid subscription for that website project. Both payment and elapsed-time conditions must be complete. This is an ownership and export eligibility condition, not a promise that any refund, credit, or early-cancellation right is unavailable where required by law.

After those conditions are satisfied, and after all amounts then due are paid, you may request one export of the front-end HTML and design package for the website project. The export may include the then-current public-facing front-end HTML, CSS, front-end JavaScript, and design assets that we reasonably determine are exportable. It does not include MarkMill's backend, dashboard, hosting environment, databases, server-side application code, deployment scripts, private repositories, internal tools, reusable platform components, server configurations, credentials, analytics accounts, Stripe account data, third-party accounts, or materials we cannot transfer because of third-party rights, security, privacy, licensing, or legal restrictions.

To request an eligible export, you must email hello@markmill.ca from the account email with your business name and a clear request for the website export. A phone call may help start the conversation, but we may require written email confirmation before preparing or releasing an export. We will acknowledge export requests by email within a reasonable time and may verify account ownership, payment status, identity, and authority to act for the business before release.

If you cancel, terminate, stop paying, dispute charges, or leave MarkMill Local before the three paid-month and three elapsed-month conditions are satisfied, you are not entitled to own or receive the front-end HTML, design, or website implementation, and MarkMill remains the owner of the work we built, except for your own submitted client content. If you are eligible and want to cancel while keeping an export, you must request the export by email as described above.

We may reuse non-confidential concepts, layouts, components, code, processes, and know-how developed while providing the service. Ending service also does not automatically remove information that was already published, indexed by search engines, cached, copied, screenshotted, downloaded, emailed, or stored by third parties.

13. Acceptable use

You must not use MarkMill Local or any website we build for unlawful, misleading, abusive, infringing, defamatory, hateful, harassing, deceptive, fraudulent, malware-related, spam-related, or otherwise harmful activity.

You must not attempt to bypass security controls, access non-public systems, scrape the service, overload infrastructure, reverse engineer the platform, misrepresent your identity, submit malicious files, or use the service to violate privacy, consumer protection, advertising, CASL, intellectual property, or other applicable laws.

14. Marketing messages and service communications

We may send you service-related emails about your account, onboarding, billing, support, security, project status, or legal updates. Where we send commercial electronic messages, we intend to comply with Canada's Anti-Spam Legislation, including consent, identification, and unsubscribe requirements where applicable.

15. Confidentiality

Non-public information you receive about MarkMill Local, including private pricing, security information, beta features, credentials, access links, internal processes, product plans, or other non-public business information, must be kept confidential and used only as needed to receive the service. This does not restrict your lawful use of your own business content or any information that is already public through no breach by you.

16. Suspension and termination

We may suspend or terminate access to the service, dashboard, hosting, support, or website management if you breach these Terms, fail to pay amounts due, submit unlawful or infringing material, create security risk, misuse support, or if continued service would expose us or others to legal, technical, reputational, or operational risk.

You may cancel your subscription as described in these Terms and the Refund Policy. Sections intended to survive termination, including payment obligations, intellectual property, disclaimers, liability limits, indemnity, privacy-related rights, and governing law, continue after termination.

17. Force majeure

We are not responsible for delay or failure to perform caused by events beyond our reasonable control, including natural disasters, fires, floods, labour disruptions, civil unrest, war, terrorism, government action, changes in law, internet failures, hosting failures, cloud-provider outages, payment-processor issues, domain registrar issues, cyberattacks, third-party service outages, API changes, or other infrastructure disruptions.

18. Disclaimers

To the maximum extent permitted by law, MarkMill Local is provided "as is" and "as available". We disclaim warranties of merchantability, fitness for a particular purpose, non-infringement, uninterrupted operation, error-free operation, search ranking, lead generation, revenue, or business results.

Nothing in these Terms limits any warranty, right, or remedy that cannot be limited under applicable law.

19. Limitation of liability

To the maximum extent permitted by law, MarkMill will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, including lost profits, lost revenue, lost goodwill, loss of data, business interruption, reputational harm, or lost opportunities.

To the maximum extent permitted by law, MarkMill's total liability for all claims related to the service or these Terms will not exceed the amounts you paid to MarkMill Local for the service during the three months before the event giving rise to the claim.

20. Indemnity

You agree to indemnify and hold harmless MarkMill Software Corp., its directors, officers, employees, contractors, and agents from claims, damages, liabilities, penalties, costs, and expenses, including reasonable legal fees, arising from your content, your business activities, your misuse of the service, your breach of these Terms, your violation of law, or your infringement of third-party rights.

21. Consumer protection and internet agreements

Nothing in these Terms limits non-waivable rights you may have under the Ontario Consumer Protection Act, 2002, other provincial consumer protection laws, or other applicable laws.

If your purchase is an Ontario internet agreement, the agreement includes these Terms, the Privacy Policy, the Refund Policy, the pricing and plan details presented to you, Stripe checkout details, your submitted account/onboarding information, and any written order, invoice, receipt, or project scope we provide. You should save or print these records for your files.

Ontario internet-agreement rules require certain pre-contract disclosures where they apply, including the supplier's legal and business name, phone number, business address, email address, fair and accurate service description, itemized prices, taxes and other charges where reasonably calculable, total amount payable or recurring payment amount and frequency, payment terms, performance timing, place and method of performance, cancellation/refund rights, currency if not Canadian dollars, and other restrictions, limitations, and conditions, including the three-paid-month and three-elapsed-month export condition in Section 12. We intend the pricing page, checkout flow, these Terms, the Refund Policy, receipts, invoices, and written project communications to provide those disclosures together.

If applicable law requires us to provide a copy of your agreement or additional disclosures, we will do so in a form that can be retained, printed, and accessed for future reference, including by email where appropriate.

22. Changes to the service or Terms

We may update the service and these Terms from time to time. If changes are material, we will take reasonable steps to notify affected users, such as posting an updated version or sending notice by email. Continued use of MarkMill Local after changes take effect means you accept the updated Terms.

23. Governing law and disputes

These Terms are governed by the laws of Ontario and the federal laws of Canada applicable in Ontario, without regard to conflict-of-law rules. Subject to any non-waivable consumer rights, disputes will be resolved in the courts located in Ontario, Canada.

24. Legal references

These Terms are designed with reference to Canadian and Ontario requirements, including the Ontario Consumer Protection Act, 2002, O. Reg. 17/05 under that Act, the Copyright Act, Canada's Anti-Spam Legislation, PIPEDA where privacy terms are relevant, and the Competition Act rules on truthful pricing and misleading representations.

Key public references include Ontario Consumer Protection Act, 2002, O. Reg. 17/05, Copyright Act, section 13, CIPO transfer ownership guidance, CRTC CASL guidance, and Competition Bureau drip pricing guidance.