MainSquare Terms of Service
Effective Date: 8.9.2025
1) Who We Are & How Our Marketplace Works
1.1 MainSquare (“MainSquare”, “we”, “us”, “our”) provides an online platform and related tools that enable independent third-party sellers (“Sellers”) to list, market, and sell their own products and services to buyers (“Buyers”).
1.2 Unless expressly stated on a specific listing, MainSquare is not the seller or merchant of record, and is not a party to the contract between a Seller and a Buyer. Sellers are solely responsible for their listings, compliance with law, pricing, taxes, fulfillment, customer service, returns/withdrawals, warranties, and after-sales support.
1.3 These Terms govern your use of MainSquare as a visitor, Buyer, or Seller. By accessing or using MainSquare, you agree to these Terms and all policies referenced in them.
2) Accounts, Eligibility & Conduct
2.1 You must be at least 18 and have legal capacity to use MainSquare.
2.2 You are responsible for your account credentials and for all activity on your account. Keep your information accurate and up to date.
2.3 You must not: violate law; sell prohibited items; infringe IP; harass or discriminate; steer transactions off-platform after initial contact; interfere with others’ listings, reviews, or ads; or use automated scraping or load tests that burden our services.
3) Listing & Seller Obligations (Sellers)
3.1 Accuracy & Compliance. Sellers must provide truthful titles, descriptions, pricing, taxes/fees (where applicable), origin, processing/dispatch times, and safety/labeling information required by law (including EU product-safety rules).
3.2 Prohibited/Restricted Items. You must comply with our Prohibited & Restricted Products Policy. We may request compliance documentation (e.g., Declarations of Conformity, test reports) and may remove or disable non-compliant listings.
3.3 Taxes. Sellers are responsible for determining, charging, reporting, and remitting applicable taxes (e.g., VAT/OSS/IOSS/GST). Where law designates a marketplace to collect/remit certain taxes, we may do so and reflect it at checkout.
3.4 Data Protection. For Buyer data you access to fulfill orders, you act as an independent data controller and must provide your own privacy notice, use data only for lawful fulfillment/after-sales purposes, secure it, and honor data-subject rights. No adding Buyers to marketing lists without valid consent.
3.5 Payment Processing. Payments are processed by third-party providers and/or the Seller’s connected account (e.g., Stripe). Authorizations, settlements, chargebacks, reserves, and KYC/AML reviews are handled by those providers. MainSquare is not responsible for provider timelines or outcomes.
4) Buying, Delivery, Returns & EU/UK Withdrawal
4.1 Contract. The sales contract is between the Buyer and the Seller of record.
4.2 Delivery. Sellers must dispatch per stated timelines, package safely, use truthful customs declarations, and provide tracking where available.
4.3 EU/UK Right of Withdrawal (Consumers). Where applicable, consumers generally have 14 days to withdraw from distance contracts (statutory exceptions apply, e.g., bespoke/perishables/sealed hygiene goods unsealed). For digital content not supplied on a tangible medium, the right may be lost once supply starts if the consumer has given express consent and acknowledgment.
4.4 Refunds/Returns. Sellers must honor mandatory consumer rights and any additional shop policy they publish.
5) Digital Content & License
5.1 Unless a listing states otherwise, upon purchase you receive a non-exclusive, non-transferable, revocable license to use digital content for your own personal or internal business use.
5.2 You may not resell, redistribute, or publicly share the files; create derivative works without permission; or remove copyright/attribution notices.
6) Reviews & Disputes
6.1 Reviews must be genuine. No incentives for positive reviews, no retaliation, no manipulation.
6.2 Disputes arise between Buyer and Seller. We may offer tools or limited assistance, but MainSquare is not a party to their contract and has no obligation to resolve disputes.
7) Fees & Charges
7.1 We may charge platform fees and/or pass through payment processing fees visible at or before checkout or in Seller dashboards.
7.2 You are responsible for any chargebacks, fines, or negative balances associated with your transactions.
8) Wallet Passes (Apple/Google Wallet) — Special Terms
WALLET PASS DISCLAIMER. This pass has been created by MainSquare, operated by anyIT s. r. o., Karpatské námestie 7770/10A, 831 06 Bratislava, Slovakia, for evaluation and/or operational purposes using a third-party wallet service provided by PassKit, Inc.. https://mainsquare.it — info@mainsquare.it.
The pass issuer MainSquare attests that any trademarks and/or copyrighted content contained within this pass are used with the consent of the owner. Questions, complaints, or claims with respect to this pass should be addressed directly to the pass issuer MainSquare.
NEITHER APPLE®, GOOGLE®, NOR PASSKIT, INC. SHALL BE LIABLE FOR ANY DAMAGES OR LOSSES ARISING FROM ANY USE, DISTRIBUTION, MISUSE, RELIANCE ON, INABILITY TO USE, INTERRUPTION, SUSPENSION, OR TERMINATION OF APPLE WALLET, GOOGLE WALLET, THIS PASS, OR ANY SERVICES PROVIDED IN CONNECTION THEREWITH, INCLUDING BUT NOT LIMITED TO ANY LOSS OR FAILURE TO DISPLAY YOUR PASS OR ANY CLAIM ARISING FROM ANY SUCH USE.
MAINSQUARE ACCEPTS NO LIABILITY FOR SERVICE FAILURES, INTERRUPTIONS, OR LOSSES CAUSED BY THIRD-PARTY PLATFORMS, INFRASTRUCTURE, OR EVENTS BEYOND ITS REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO OUTAGES OR CHANGES IN APPLE WALLET, GOOGLE WALLET, PASSKIT, INC. SERVICES, OR RELATED ECOSYSTEMS.
9) Service Availability, Third-Party Outages & Credits/Refunds
9.1 Definitions.
- “Platform Outage” = a continuous, unplanned, complete unavailability of the MainSquare core service (excluding scheduled maintenance and Exclusions below).
- “Third-Party Outage” = an outage or degradation in services outside our reasonable control (e.g., data center/hosting provider failures, payment processors, Apple/Google wallet frameworks, PassSlot or other pass providers, CDN/ DNS outages, or telecom/ISP issues).
- “Exclusions” = outages caused by (i) your or a Seller’s configurations, content, or code; (ii) force majeure (see §10); (iii) acts or omissions of third parties not under our control; (iv) legal takedowns; (v) security incidents where we act reasonably to mitigate.
9.2 No Liability for Third-Party Outages. We disclaim liability for Third-Party Outages and Exclusions. We will use reasonable commercial efforts to coordinate with affected providers and communicate status.
9.3 Credits/Refunds (B2B Sellers). For B2B Sellers, we offer service credits only (not cash refunds) for Platform Outages that exceed 90 consecutive days of complete unavailability. The credit equals the pro-rata subscription fees for the continuous outage period and is applied to future invoices. No credits for Third-Party Outages or Exclusions. Credits must be requested in writing within 30 days after restoration of service. Credits are your sole and exclusive remedy for availability issues under these Terms.
9.4 Consumers (EU/UK). Nothing in these Terms limits mandatory consumer rights. If you are a consumer and a paid consumer-facing MainSquare service is unavailable for a prolonged period, you may be entitled to pro-rata refunds or statutory remedies under applicable law. For wallet passes or third-party functionality, remedies (if any) may be limited to pass re-issuance or time extensions.
9.5 Scheduled Maintenance. We may perform scheduled maintenance with prior notice where reasonable. Emergency maintenance may occur without notice.
(Note: A “90 days continuous outage” cash-refund bar is generally too strict for consumers in the EU; that’s why we restrict it to B2B service credits and add a consumer-law carve-out.)
10) Force Majeure
We are not liable for failure or delay due to events beyond reasonable control, including natural disasters, war, terrorism, civil unrest, labor disputes, government acts, court orders, power/telecom failures, widespread cloud or data-center incidents, or third-party platform failures.
11) Intellectual Property (Platform & Content)
11.1 Your Content. You retain IP in content you upload. You grant MainSquare a worldwide, non-exclusive, royalty-free license to host, cache, reproduce, adapt, index, display, and distribute your content solely to operate, secure, market, and improve the platform (including backups, thumbnails, and search).
11.2 IP Infringement / Takedown. Rightsholders can report alleged infringement to info@mainsquare.it with (i) contact info, (ii) identification of the work/mark, (iii) exact URLs/listing IDs, (iv) a good-faith statement, and (v) authority statement. We may disable content and notify the Seller; counter-notice procedures may apply where lawful. Repeat infringement may result in termination.
12) Data Protection & Privacy
12.1 MainSquare as Controller. We act as an independent controller for platform operations as described in our Privacy Notice.
12.2 Sellers as Controllers. Sellers act as independent controllers for Buyer data accessed for orders and must comply with data-protection laws (e.g., GDPR).
12.3 Security. Implement appropriate technical and organizational measures; notify us without undue delay of any security incident affecting platform data you control.
13) Sanctions, Export Controls & Customs
You must not use MainSquare for transactions with sanctioned parties/regions or for export of restricted items in violation of law. Provide accurate customs values and descriptions where applicable.
14) Suspension, Termination & Enforcement
We may remove content, suspend features, or terminate accounts for legal/policy breaches, safety risks, fraud, chargeback abuse, or failure to pay fees. You remain responsible to complete or refund open orders as required by law.
15) Disclaimers
15.1 Platform. The platform and all content are provided “as is” and “as available” without warranties of any kind, to the maximum extent permitted by law.
15.2 Listings. For third-party listings, we do not warrant the safety, legality, accuracy, quality, or fitness for purpose of Sellers’ items or services.
15.3 Third-Party Services. We do not control third-party services (including payment processors, wallet frameworks, pass generators, CDNs, or app stores) and are not responsible for their acts, omissions, or outages.
16) Liability & Indemnity
16.1 Liability Cap (B2B). To the maximum extent permitted by law, our aggregate liability to B2B users for claims arising out of or relating to these Terms shall not exceed the fees paid to MainSquare by that user in the 12 months preceding the claim.
16.2 No Exclusion of Mandatory Rights. Nothing excludes or limits liability where unlawful to do so (e.g., fraud, death/personal injury caused by negligence) or mandatory consumer rights.
16.3 Indemnity (Sellers). Sellers shall indemnify, defend, and hold MainSquare harmless from claims, losses, damages, costs, and expenses (including reasonable legal fees) arising from their listings, sales, taxes, product safety/compliance, handling of personal data, or IP infringement.
17) Changes to the Service & Terms
We may modify features or these Terms. Material changes will be posted on https://mainsquare.it/terms-of-service-page/ and take effect upon posting or as stated. Continued use after changes means you accept them.
18) Governing Law; Venue; Consumers’ Mandatory Law; ODR
18.1 Governing Law & Venue (B2B). These Terms are governed by the laws of the Slovak Republic. For disputes with business users (B2B), the courts of Bratislava, Slovak Republic, shall have exclusive jurisdiction and venue.
18.2 Consumers. If you are a consumer, you retain the benefit of mandatory consumer protections of your country of residence, and local courts may have jurisdiction where required by law.
18.3 EU Online Dispute Resolution. Consumers may use the EU ODR platform: https://ec.europa.eu/consumers/odr
18.4 Conflict-of-Laws; CISG. The governing law in §18.1 applies without regard to conflict-of-laws rules. The U.N. Convention on Contracts for the International Sale of Goods (CISG) does not apply.
18.5 Language. If these Terms are translated, the ENGLISH/SLOVAK version controls in case of inconsistency, unless mandatory consumer law provides otherwise.
18.6 Injunctive Relief (IP/Security). Notwithstanding the above, either party may seek temporary or injunctive relief in any competent court to protect intellectual property, trade secrets, confidentiality, or platform security.
18.7 Internal Complaints (EU P2B). For EU/EEA business users (Sellers), MainSquare provides an internal complaint-handling channel at info@mainsquare.it. We will provide a reasoned response within a reasonable time. Where unresolved, we are willing to engage mediation with neutral mediators identified on our site, without prejudice to judicial remedies.
19) Notices; Contact; Imprint
Legal notices may be sent to info@mainsquare.it or via your account.
Our legal entity details: anyIT s. r. o., Karpatské námestie 7770/10A, 831 06 Bratislava, Slovakia.
20) Boilerplate
If any provision is invalid, the remainder remains effective. No waiver is effective unless in writing. You may not assign these Terms without our consent. These Terms, plus referenced policies, are the entire agreement between you and us.