Terms of Service | Market Monolith

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Agreement and scope

These Terms of Service (the “Terms”) form a binding agreement between you and HotSwop, Inc. (“HotSwop,” “we,” “us,” or “our”) concerning Market Monolith and every website, application, workspace, customer experience, operator experience, service, feature, communication, and program we make available under the Market Monolith brand (collectively, the “Platform”).

By creating an account, clicking an acceptance control, accepting an opportunity, purchasing or using credits, or otherwise using the Platform after these Terms are presented, you agree to these Terms and the policies incorporated by reference. If you use the Platform for an organization, you agree both personally and on that organization’s behalf, and “you” includes that organization.

Policies incorporated into these Terms. The Privacy Policy, Refund & Credit Policy, and Acceptable Use Policy apply to all users. Operators also agree to the Operator Agreement. Any future operator-card program will require separate acceptance described in the Operator Card Policy.

Eligibility and authority

You must be at least 18 years old, legally capable of entering a contract, and permitted to use the Platform under applicable law. You may not use the Platform if you are subject to sanctions that prohibit the relationship, located where our services are unavailable, or previously removed for a material violation without our written permission.

If you act for a company, customer, operator business, or other entity, you represent that you have authority to bind it and that the information you provide about it is accurate. We may require identity, business, tax, eligibility, licensing, insurance, or authority verification before enabling particular capabilities.

Accounts and security

Keep account, profile, business, contact, and payment information complete and current. Account credentials and secure login links are personal to the authorized user. You are responsible for activity occurring through your account unless caused by our failure to use reasonable security measures.

Do not share authentication links, impersonate another person, or create accounts using misleading identity or business information.
Tell us promptly at hello@marketmonolith.com if you suspect unauthorized access, an incorrect charge, a lost device, or misuse of Platform data.
We may require additional verification, limit access, or invalidate sessions when reasonably necessary to protect users, customers, operators, or the Platform.

Platform and service scope

Market Monolith connects market intelligence, territory planning, digital commerce, customer workspaces, field operations, trained operators, live collaboration, evidence review, reporting, and related managed services. Capabilities can differ by account, contract, market, jurisdiction, readiness, provider approval, or product stage.

Planning previews, recommendations, readiness signals, route concepts, capacity views, earnings examples, market estimates, and modeled outcomes are informational unless an authorized order, opportunity, assignment, or statement of work says otherwise. A preview is not a dispatch, purchase, promise of inventory, guarantee of operators, approval, or authorization to act in the real world.

Additional order forms, statements of work, service schedules, campaign instructions, opportunity terms, or program-specific agreements may apply. If they conflict with these Terms, the more specific signed or accepted terms control for that subject.

Customer responsibilities

Customers control the business objective, authorized territory, lawful product or service, approved claims, service mix, budget, timing, materials, and proof requirements for their work. Customers must provide accurate instructions and all rights, notices, permits, consents, substantiation, inventory, and lawful content needed for execution.

Customers may not ask operators or the Platform to trespass, misrepresent identity, make unsubstantiated claims, collect information without permission, evade consent rules, or perform unsafe or prohibited activity.
Customer approval is required where the Platform presents an approval gate. Drafts and modeled plans do not move into execution merely because they are visible.
Customers are responsible for their own products, storefront terms, warranties, fulfillment promises, product taxes, regulatory obligations, and customer support unless a written agreement expressly assigns a duty to HotSwop.

Operator Network

Operators are independent businesses or individuals who may review eligible opportunities and choose whether to accept them. No listing, readiness status, map placement, invitation, recommendation, or account activation guarantees an opportunity, hours, territory, earnings, exclusivity, or continued access.

An accepted opportunity defines the applicable scope, rate or earnings method, timing, route or territory, materials, proof requirements, and review process. Operators must follow lawful assignment instructions and the Operator Agreement. Nothing in these Terms authorizes an operator to bind HotSwop or a customer, modify a campaign, incur unapproved expenses, or represent that the operator is an employee.

Storefronts and third-party goods

Market Monolith may help customers create, operate, analyze, or connect storefronts. Unless an order page expressly identifies HotSwop as the seller, the customer or identified merchant sells the goods or services offered through that storefront. That seller is responsible for product descriptions, pricing, availability, fulfillment, returns, warranties, product compliance, and end-customer obligations.

External printers, mail providers, carriers, material suppliers, venues, and merchants sell their own goods or services. Their separate terms may apply. Platform coordination, recommendations, or a future controlled operator card do not make HotSwop the manufacturer or seller of an external vendor’s goods.

Payments, credits, and taxes

Prices, fees, rates, and applicable taxes are disclosed in the Platform or a separate agreement. You authorize us and our payment providers to charge the selected payment method for purchases you approve. Payment processing may be provided by Stripe or another provider under its own terms and privacy policy.

Platform credits are governed by the Refund & Credit Policy. Purchased credits are Platform-use units, not a bank account or operator earnings balance; promotional credits may have additional limits. Except where a written agreement states otherwise, fees and purchased credits are final and non-refundable subject to the express exceptions in that policy and applicable law.

You are responsible for taxes imposed on your purchases, sales, compensation, or business activities, except taxes based on HotSwop’s net income. Operators are responsible for their tax filings and obligations, and HotSwop may report payments as required by law.

Content, data, and proof

You retain ownership of content you lawfully submit. You grant HotSwop a worldwide, nonexclusive, sublicensable license to host, process, reproduce, transmit, display, adapt, and analyze that content only as reasonably necessary to operate, secure, improve, document, and support the Platform and the applicable work.

You represent that you have the rights and permissions needed for what you submit. Field proof must be authentic, timely, unaltered except for permitted privacy redaction, and connected to the assigned work. Do not fabricate evidence, conceal a material failure, use generative tools to create false proof, or capture people, homes, private information, or restricted places beyond what is lawful and necessary.

Customers and authorized reviewers may see proof, notes, status, routes, communications, and work records related to their campaigns. We may remove or restrict content that violates law, safety rules, third-party rights, or Platform policy, but we do not promise to review every submission.

AI and modeled information

The Platform may use automated systems, statistical models, artificial intelligence, and third-party data to organize information, recommend territories, compose plans, match capabilities, summarize evidence, identify risk, or support decisions. Outputs can be incomplete, probabilistic, or wrong.

You must use appropriate human judgment and independently verify material facts before relying on an output. The Platform does not provide legal, tax, employment, financial, safety, medical, or regulatory advice. We may use feedback and deidentified or aggregated operational patterns to improve systems, but our treatment of personal information remains governed by the Privacy Policy.

Acceptable use

You must comply with the Acceptable Use Policy and all laws that apply to your business, campaign, content, communications, data, territory, and activity. You may not use the Platform to support prohibited products or services, harm people or property, violate privacy or intellectual-property rights, manipulate engagement, scrape or attack systems, or circumvent security and operational controls.

We may investigate suspected violations, preserve relevant records, reject or pause work, block transactions, remove content, and cooperate with customers, payment networks, financial partners, regulators, or law enforcement as legally permitted or required.

Intellectual property

HotSwop and its licensors own the Platform, software, models, interfaces, brand elements, templates, documentation, methods, aggregate systems, and improvements, excluding content that users retain. These Terms give you a limited, revocable, nonexclusive, nontransferable right to use the Platform for its intended business purpose while your account is authorized.

You may not copy, sell, sublicense, reverse engineer, extract models or datasets, remove rights notices, create confusingly similar services, use Market Monolith marks without permission, or use Platform output to train a competing model except where applicable law does not allow that restriction. Feedback may be used without restriction or compensation, but we do not claim ownership of your confidential information through feedback.

Third-party services

The Platform may connect to payment processors, banks, maps, messaging services, commerce platforms, identity providers, cloud services, video or collaboration tools, analytics providers, carriers, printers, and other third parties. Their products are governed by their own terms and can change or become unavailable.

We are not responsible for third-party acts, outages, content, or policies outside our reasonable control. You authorize us to exchange the information reasonably needed to provide an integration you request, subject to our Privacy Policy. Provider approval may be required for payment, identity, card, communications, or other regulated capabilities.

Availability and changes

We work to make the Platform dependable, but it may be interrupted, delayed, modified, or discontinued. Features labeled preview, beta, modeled, limited availability, or future may be incomplete and can change without becoming generally available.

We may change limits, technical requirements, supported markets, providers, or features for security, law, safety, performance, provider obligations, or product development. We will provide notice when required by law or a specific agreement. No service level applies unless stated in a signed agreement.

Suspension and termination

You may stop using the Platform subject to outstanding commitments. We may restrict, suspend, or terminate access for a material or repeated violation, fraud or security risk, prohibited activity, nonpayment, legal or provider requirement, danger to people or property, or conduct that threatens the Platform or other users.

Where appropriate, we may provide notice and an opportunity to cure or appeal. Immediate action may be necessary for safety, security, fraud, sanctions, legal obligations, or urgent third-party risk. Termination does not erase payment obligations, accepted work, lawful evidence retention, ownership provisions, dispute terms, or other provisions that by nature should survive.

Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE.” HOTSWOP DISCLAIMS IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, COMPLETELY SECURE, OR THAT A PLAN, MATCH, OPERATOR, CAMPAIGN, STOREFRONT, PROOF SUBMISSION, RECOMMENDATION, OR ESTIMATE WILL PRODUCE A PARTICULAR RESULT.

Market conditions, customer demand, operator availability, merchant decisions, laws, weather, data quality, and third-party services can affect results. Nothing here excludes a warranty that cannot lawfully be disclaimed.

Liability and indemnity

TO THE MAXIMUM EXTENT PERMITTED BY LAW, HOTSWOP AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR FOR LOST PROFITS, REVENUE, GOODWILL, DATA, OR BUSINESS OPPORTUNITY, ARISING FROM THE PLATFORM.

EXCEPT FOR LIABILITY THAT CANNOT BE LIMITED, HOTSWOP’S AGGREGATE LIABILITY FOR A CLAIM WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID HOTSWOP FOR THE AFFECTED SERVICE DURING THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM OR (B) ONE HUNDRED U.S. DOLLARS. THESE LIMITS APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

You will defend and indemnify HotSwop from third-party claims, losses, and reasonable costs arising from your content, products, business, campaign instructions, field conduct, violation of law, infringement of rights, taxes, or material breach of these Terms. This obligation does not apply to the extent caused by HotSwop’s own unlawful conduct. We will give reasonable notice and permit your participation in the defense, while retaining control over settlement that imposes obligations on us.

Disputes and governing law

Please read this section carefully. It requires most disputes to be resolved by individual arbitration and includes a class-action waiver. You may opt out within 30 days as described below.

Before filing a claim, you and HotSwop agree to send a written notice describing the dispute and requested relief and to attempt informal resolution for 30 days. Send notices to hello@marketmonolith.com and HotSwop will provide a physical notice address on request.

Except for eligible small-claims matters, requests for public injunctive relief that applicable law does not permit to be arbitrated, intellectual-property misuse requiring temporary relief, and claims covered by a statutory arbitration exception, disputes will be resolved by binding individual arbitration administered by the American Arbitration Association under rules applicable to the dispute. Arbitration may occur remotely unless the arbitrator requires otherwise. The arbitrator may award the same individual remedies a court could award.

No class or representative proceedings. To the maximum extent permitted by law, you and HotSwop waive jury trial and agree to bring claims only in an individual capacity, not as a plaintiff or class member in a class, collective, consolidated, or representative action. If a court finds that a particular claim or remedy cannot lawfully be arbitrated individually, that portion will proceed in court after arbitrable matters are resolved.

30-day opt-out. You may opt out of arbitration by emailing hello@marketmonolith.com within 30 days after first accepting these Terms. Include your full name, account email, organization if applicable, and a clear statement that you opt out. Opting out will not affect other provisions or Platform access.

These Terms are governed by Delaware law, without regard to conflict-of-law principles, except where federal law or nonwaivable local law applies. Court proceedings permitted under this section will be brought in state or federal courts located in Delaware, and the parties consent to personal jurisdiction there.

Changes and contact

We may update these Terms prospectively. We will identify the effective date and, for material changes, provide notice appropriate to the account and seek new assent where legally required or where changes materially affect arbitration, payment, operator, privacy, or card rights. Continued use after an effective update may constitute acceptance only where the notice and applicable law permit.

If any provision is unenforceable, it will be enforced to the maximum lawful extent and the remainder will continue. Failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; HotSwop may assign them in connection with a reorganization, financing, merger, sale, or transfer of the Platform, subject to applicable law.

Questions may be sent to hello@marketmonolith.com. Legal notices to HotSwop should use that address with the subject “Legal notice” unless a more specific notice method is stated above.