Fiva Marketplace Terms of Service

Updated: July 4, 2025

Welcome to www.fiva.ca ("Fiva Marketplace"). These comprehensive Terms of Use, in conjunction with our Privacy Policy and all supplementary policies displayed throughout our digital properties, establish the contractual framework governing your access to and utilization of our website, services, applications, and associated tools (collectively termed "Services"). An organized repository of our governing policies is accessible here. All referenced policies are expressly incorporated by reference into these binding Terms of Use. Your ongoing engagement with our Services constitutes unequivocal acceptance of and compliance with these provisions.

Fiva Marketplace is operated and administered by Fiva Marketplace, a duly registered Canadian enterprise operating within the Province of Ontario.

Account Registration and Management

To unlock the full spectrum of Services available through our platform, account registration may be necessitated, requiring the establishment of credentials comprising your valid email address and a secure password (collectively your "Account"). The designated email address shall serve as your primary identifier, and you bear exclusive responsibility for maintaining stringent confidentiality of your password credentials. All activities transpiring under your Account umbrella are solely attributable to you. Consequently, we strongly advocate implementing robust password security measures characterized by complexity sufficient to deter unauthorized guessing attempts. Transfer or reassignment of your Account to any third party is expressly prohibited absent our prior written authorization.

Integration with select third-party services may be facilitated, wherein you explicitly authorize Fiva Marketplace to access, retain, and utilize information derived from such interconnected services, strictly as permitted by the respective service provider and elaborated within our comprehensive Privacy Policy. Should you harbor suspicions regarding potential Account compromise or unauthorized utilization, immediate notification is imperative through our dedicated support channel.

Permissible Use and Service Restrictions

Your utilization of our Services mandates adherence to proper categorization protocols and strict avoidance of the following prohibited activities:

• Engagement in or promotion of activities contravening applicable federal, provincial, or municipal laws, statutes, or regulations, or breaching our explicit Prohibited Content Policy;
• Dissemination of information that is demonstrably false, deceptive, or materially misleading;
• Infringement upon the legally recognized rights of any third party, including but not limited to intellectual property rights, privacy rights, or contractual rights;
• Distribution or facilitation of unsolicited commercial communications ("spam"), chain letters, pyramid schemes, or analogous prohibited solicitations;
• Introduction or propagation of viruses, malware, ransomware, or any technologies designed or reasonably likely to compromise the integrity, security, or functionality of Fiva Marketplace or the property/interests of its user base;
• Actions imposing unreasonable or disproportionate burdens upon our technical infrastructure or deliberately interfering with the optimal operation of Fiva Marketplace;
• Unauthorized copying, modification, distribution, or republication of content proprietary to other users or entities without explicit authorization;
• Utilization of automated systems, including but not limited to robots, spiders, scrapers, or data mining tools, for accessing Fiva Marketplace or harvesting content for any purpose without our express prior written consent;
• Harvesting, collecting, or storing personal information about other users (including email addresses) without obtaining their explicit, informed consent;
• Circumvention of technological or procedural measures implemented to prevent or restrict unauthorized access to Fiva Marketplace or its underlying systems.

Addressing Platform Abuse and Content Moderation

We actively solicit user collaboration in maintaining platform integrity through responsible utilization of our flagging/reporting mechanisms. Prompt reporting of problematic content or policy violations enables collective stewardship of a functional, respectful Service environment. Fiva Marketplace expressly reserves the unilateral right, exercisable at our sole discretion, to limit or terminate Service access, remove hosted content, and implement technical and legal measures restricting user access where we reasonably determine such users are engendering operational problems or acting inconsistently with the explicit terms or fundamental spirit of our governing policies. Notwithstanding the foregoing, Fiva Marketplace explicitly disclaims any liability arising from: (a) the ongoing monitoring of all platform content; (b) the presence of unauthorized or unlawful content; or (c) the unauthorized or unlawful utilization of our Services by any user.

Service Fees, Taxation, and Financial Responsibilities

Fundamental access to and utilization of the core Fiva Marketplace Services is currently offered without charge. However, we reserve the right to institute fees for specific premium Services, features, or enhancements. Prior to incurring any fee, you will be presented with a clear disclosure of the applicable charges and afforded an opportunity to explicitly accept them. All fees are denominated in Canadian Dollars (CAD), and we retain the right to modify fee structures periodically. Notification of material changes to our fee policy will be effected through prominent posting on the Fiva.ca website. Temporary fee modifications may be enacted in conjunction with promotional initiatives or the introduction of new services; such modifications become effective immediately upon announcement of the relevant promotion or service launch. All fees paid to Fiva Marketplace are strictly non-refundable, and you assume full responsibility for timely payment. Failure to remit due fees may result in restrictions on your Service access. In the event of payment method failure or account delinquency, we reserve the right to employ alternative lawful collection mechanisms to recover outstanding amounts.

Fiva Marketplace will collect applicable Canadian taxes (e.g., GST/HST) associated with fee-based Services as required by prevailing legislation. You covenant to provide accurate and complete address information essential for Fiva Marketplace to fulfill its statutory tax obligations. In instances where requisite information is omitted, Fiva Marketplace will exercise its reasonable discretion to determine and collect appropriate taxes based on available data.

You acknowledge and agree that you bear sole responsibility for the collection and remission of any and all applicable taxes (including sales taxes, income taxes, or other levies) arising directly or indirectly from the sale of goods or services facilitated through listings you post on Fiva Marketplace.

While we strive for functional parity across access points, please note that certain features and capabilities of our Services may exhibit variations depending on whether you access them via our primary website, mobile-optimized web interface, or potential future native applications, and may further be influenced by the specific device employed.

Intellectual Property Rights and User Content Licenses

The Services incorporate diverse content originating from Fiva Marketplace, our valued users, and authorized third-party providers. You expressly covenant not to engage in unauthorized copying, modification, resale, or distribution of the Services themselves, nor any proprietary copyrights, trademarks, trade dress, or other intellectual property assets owned or licensed by Fiva Marketplace. By submitting or posting any content (including but not limited to text, images, videos, listings, and communications) to the Services, you irrevocably grant to Fiva Marketplace a non-exclusive, worldwide, perpetual, royalty-free, fully sub-licensable right and license to exercise all copyright, publicity, database, and other relevant intellectual property rights necessary to utilize, host, store, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display, and otherwise exploit such content in connection with the operation, promotion, and enhancement of the Services. Should you believe your intellectual property rights have been infringed upon within our Services, please promptly notify our designated agent via Fiva Customer Support to initiate a formal investigation. Fiva Marketplace retains the unequivocal right to remove or disable access to any content where reasonable grounds exist to suspect violation of these Terms or infringement upon the rights of any party.

Intellectual Property Protection Mechanisms

You are strictly prohibited from posting content that infringes upon the intellectual property rights (including copyrights, trademarks, patents, trade secrets, or design rights) of third parties. This prohibition expressly encompasses, but is not limited to, the offering of counterfeit goods or unauthorized replicas for sale. Furthermore, you must not post content containing the likeness or identifiable references to any third-party individuals without first securing all necessary consents and releases. Fiva Marketplace reserves the absolute right to remove content where credible suspicion exists regarding violation of these terms, our established policies, or any party's legitimate rights. Intellectual property rights holders ("Verified Owners") seeking to report allegedly infringing listings must follow this prescribed protocol:

1. Only the bona fide owner of the intellectual property right(s) in question, or their legally authorized representative, may file a report through Fiva's infringement resolution process.
2. If you possess a good faith belief that a specific listing on any Fiva Marketplace Service infringes your copyright, trademark, or other protected intellectual property right, you must:
3. Complete Fiva Marketplace's official Notice of Claimed Infringement (NOCI) form, available upon request from our support team;
4. Provide all requisite information and declarations as stipulated in the NOCI form; and
5. Submit the fully executed NOCI form to Fiva Customer Support, explicitly selecting 'Intellectual Property Infringement Notice' as the subject category.

Following receipt of your initial valid NOCI, Fiva Marketplace will confirm your enrollment in our rights protection system. In accordance with applicable laws, we reserve the right to disclose the completed NOCI form (redacting sensitive personal information as appropriate) to the user who posted the subject listing.

Comprehensive Disclaimers and Liability Limitations

THE FIVA MARKETPLACE SERVICES ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPLICITLY AGREE NOT TO HOLD FIVA MARKETPLACE, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS LIABLE FOR THE ACTIONS, OMISSIONS, OR CONTENT POSTED BY OTHER USERS OF THE SERVICES. YOU FURTHER ACKNOWLEDGE AND AGREE THAT FIVA MARKETPLACE BEARS NO LIABILITY WHATSOEVER FOR THE OPERATION, SECURITY, OR PROCESSING ACTIVITIES OF THIRD-PARTY PAYMENT PROCESSORS OR OTHER EXTERNAL SERVICE PROVIDERS INTEGRATED WITH OUR PLATFORM. GIVEN THAT SIGNIFICANT CONTENT WITHIN THE SERVICES ORIGINATES FROM OUR USER COMMUNITY, FIVA MARKETPLACE EXPLICITLY DISCLAIMS ANY AND ALL GUARANTEES, REPRESENTATIONS, OR WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, EFFICACY, TIMELINESS, QUALITY, SAFETY, OR LEGAL COMPLIANCE OF ANY LISTINGS, USER COMMUNICATIONS, OR OFFERINGS PRESENTED THROUGH THE SERVICES. WE FURTHER CANNOT AND DO NOT GUARANTEE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE ACCESS TO OR OPERATION OF THE SERVICES. NOTIFICATION FUNCTIONALITIES WITHIN OUR SERVICES MAY BE SUBJECT TO DELAYS INHERENT IN TELECOMMUNICATIONS NETWORKS, INCLUDING LATENCY ATTRIBUTABLE TO YOUR GEOGRAPHIC LOCATION OR YOUR WIRELESS/MOBILE DATA SERVICE PROVIDER'S INFRASTRUCTURE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FIVA MARKETPLACE HEREBY EXPRESSLY DISCLAIMS ALL STATUTORY AND IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. FIVA MARKETPLACE SHALL NOT BE LIABLE FOR ANY LOSS OF PROFITS, GOODWILL, BUSINESS REPUTATION, OR DATA, OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHATSOEVER ARISING OUT OF OR RELATED TO YOUR ACCESS TO OR USE OF THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF SUCH DAMAGES WERE REASONABLY FORESEEABLE. CERTAIN JURISDICTIONS MAY NOT PERMIT THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR DAMAGES; THEREFORE, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU DEPENDING UPON YOUR PLACE OF RESIDENCY.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN THE EVENT FIVA MARKETPLACE IS FOUND LEGALLY LIABLE TO YOU OR ANY THIRD PARTY (WHETHER UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE, OR OTHERWISE), OUR AGGREGATE LIABILITY SHALL BE STRICTLY LIMITED TO THE GREATER OF: (A) THE TOTAL AMOUNT OF FEES ACTUALLY PAID BY YOU TO FIVA MARKETPLACE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED CANADIAN DOLLARS (CAD $100.00).

User Indemnification Obligations

YOU HEREBY AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS FIVA MARKETPLACE, ITS CORPORATE AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, AND LICENSORS (EACH AN "INDEMNIFIED PARTY") FROM AND AGAINST ANY AND ALL THIRD-PARTY CLAIMS, DEMANDS, ACTIONS, LIABILITIES, LOSSES, DAMAGES, JUDGMENTS, SETTLEMENTS, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES AND LITIGATION COSTS) ARISING OUT OF OR IN CONNECTION WITH: (I) YOUR USE OF (OR INABILITY TO USE) THE SERVICES; (II) YOUR ACTUAL OR ALLEGED VIOLATION OF THESE TERMS OF USE OR ANY APPLICABLE POLICY; (III) YOUR ACTUAL OR ALLEGED VIOLATION OF ANY APPLICABLE LAW, RULE, OR REGULATION; OR (IV) YOUR USER-GENERATED CONTENT. FIVA MARKETPLACE RESERVES THE RIGHT, AT ITS OWN EXPENSE AND OPTION, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU (WITHOUT LIMITING YOUR INDEMNIFICATION OBLIGATIONS WITH RESPECT TO THAT MATTER), AND YOU AGREE TO COOPERATE FULLY WITH FIVA MARKETPLACE IN ASSERTING ANY AVAILABLE DEFENSES.

International Data Transfers and Processing

BY UTILIZING THE SERVICES, YOU EXPRESSLY CONSENT TO THE COLLECTION, TRANSFER, STORAGE, AND PROCESSING OF YOUR PERSONAL INFORMATION BY FIVA MARKETPLACE (ACTING AS THE "DATA CONTROLLER") ON SERVERS LOCATED IN JURISDICTIONS OUTSIDE OF CANADA, INCLUDING BUT NOT NECESSARILY LIMITED TO THE UNITED STATES AND THE EUROPEAN UNION, AS EXHAUSTIVELY DETAILED WITHIN OUR PRIVACY POLICY.

User Review System Guidelines

Following certain transactional interactions with other users on the Fiva Marketplace platform, you may be prompted to contribute a user review. This review mechanism typically comprises a quantitative 1-5 star rating alongside qualitative feedback elements. Upon submission, your review (including the star rating, selected feedback points, your username, profile photograph if applicable, and the relevant category of the seller's listing) will be publicly displayed within our Services.

User reviews must be submitted in good faith, accurately reflecting the genuine nature of the interaction between the reviewer and the reviewed party. When composing a review pertaining to another user, you covenant that the review shall:

1. Truthfully and fairly depict the actual events and outcomes of the transaction or interaction;
2. Refrain from constituting harassment, intimidation, abuse, or threats directed towards the other user;
3. Avoid any manipulative intent designed to mislead other users or artificially influence perceptions.

To preserve the integrity and reliability of the review ecosystem, users are expressly prohibited from editing or removing reviews posted on their own profile or the profile of another user after submission. Fiva Marketplace will not intervene in or arbitrate disputes arising solely from the content of user reviews. It is imperative to understand that published user reviews reflect the subjective opinions and experiences of individual Fiva Marketplace users and do not constitute the opinion, endorsement, or representation of Fiva Marketplace itself. We explicitly reserve the right to remove reviews that, in our reasonable judgment, violate our established policies or community guidelines. For comprehensive details regarding permissible review conduct, please consult our dedicated User Review Policy.

General Contractual Provisions

These Terms of Use, together with all incorporated policies referenced herein, constitute the entire and exclusive agreement between you and Fiva Marketplace concerning the subject matter hereof, superseding all prior or contemporaneous agreements, representations, warranties, and understandings (whether written or oral). This agreement shall be exclusively governed by and construed in accordance with the substantive laws of the Province of Ontario and the applicable federal laws of Canada, without regard to principles of conflicts of law. Both parties irrevocably attorn to the exclusive jurisdiction of the courts located within the Province of Ontario for the resolution of any disputes arising hereunder. This governing law clause does not prejudice any statutory consumer rights you may possess under mandatory consumer protection legislation applicable in your jurisdiction that mandates the application of a different governing law for specific consumer-related matters.

Any failure by Fiva Marketplace to exercise or enforce any right or provision contained within these Terms of Use shall not constitute a waiver of such right or provision unless formally acknowledged in writing by an authorized representative of Fiva Marketplace. Should any provision of these Terms be deemed invalid, void, or unenforceable by a court of competent jurisdiction, such determination shall not affect the validity or enforceability of the remaining provisions, which shall remain in full force and effect. Fiva Marketplace reserves the right to assign this agreement, including all rights and obligations herein, to any affiliate or successor entity at any time in our sole discretion; notice of such assignment to an affiliate may be provided but is not mandatory. Except for notices specifically pertaining to allegations of illegal content or intellectual property infringement (which may be submitted electronically), any formal legal notices you wish to deliver to Fiva Marketplace must be sent via registered mail to our designated legal address (available upon request).

We will transmit notices to you primarily via the email address currently associated with your Account, or alternatively via registered mail to an address you have provided. Notices dispatched by registered mail shall be conclusively deemed received five (5) business days following the date of mailing. Fiva Marketplace reserves the unilateral right to modify, update, or amend these Terms of Use at any time. Such modifications shall become effective immediately upon your next use of the Services following the posting of the revised Terms, or thirty (30) days after the initial posting date, whichever occurs sooner. No modification or amendment to these Terms initiated by you shall be binding upon Fiva Marketplace unless reduced to writing and executed by both you and an authorized representative of Fiva Marketplace. For inquiries, comments, or formal complaints regarding these Terms or the Services, please direct your correspondence to [email protected].

Mobile Application Terms (Future Implementation)

Important Notice: Native mobile applications for the Fiva Marketplace platform are currently under active development and are not yet publicly available. The subsequent terms outline the intended framework that will govern usage upon the official release of our mobile applications:

Licensed Application Use

Upon release, Fiva Marketplace will grant users a limited, non-exclusive, non-transferable, revocable license to install and utilize designated mobile applications ("Applications") strictly for personal, non-commercial purposes in accordance with these Terms. This license expressly prohibits: (a) modification, reverse engineering, decompilation, or disassembly of the Application or its underlying code; (b) rental, lease, lending, or commercial exploitation of the Application; (c) use of the Application in any manner that could impair its functionality, security, or interfere with others' enjoyment; (d) violation of applicable export control laws or third-party terms (e.g., wireless carrier agreements). Users acknowledge that application functionality may differ from the primary website, and download/use occurs at the user's own risk. Fiva Marketplace disclaims liability for device damage or data loss resulting from application use.

Intellectual Property Ownership

Fiva Marketplace retains absolute ownership, or holds valid licenses to, all intellectual property rights encompassing the Applications, including copyrights, trademarks, patents, trade secrets, and associated rights. Users are strictly prohibited from: (i) modifying, adapting, translating, or creating derivative works; (ii) reverse engineering, decompiling, or disassembling source code; (iii) removing, obscuring, or altering proprietary notices within the Applications.

Export Compliance and Jurisdictional Restrictions

The Applications and their underlying technologies are subject to Canadian and international export control regulations. Download, export, or re-export is prohibited: (a) to embargoed countries or their nationals/residents; (b) to individuals/entities on restricted parties lists; (c) for any prohibited end-use under applicable laws. Users warrant compliance with all relevant trade laws and confirm they are not located in embargoed jurisdictions or listed as restricted parties.

Platform-Specific Provisions

For applications distributed via major platforms (e.g., Apple App Store, Google Play Store), the following clarifications will apply:

iOS (Apple App Store):

• The license agreement exists solely between the user and Fiva Marketplace; Apple is not a party.
• Apple bears no responsibility for the Application or its content.
• Usage is confined to Apple-owned/controlled devices per Apple's App Store Terms.
• Apple has no obligation for maintenance, support, or intellectual property infringement defense related to the Application.
• Apple is a third-party beneficiary entitled to enforce these Terms against users.

Android (Google Play Store):

• The agreement is between the user and Fiva Marketplace; Google is not a party.
• Google's responsibility is limited to providing the distribution platform (Play Store).
• Users must comply with Google Play's current Terms of Service.
• Google bears no liability for the Application or these Terms.
• Google is a third-party beneficiary concerning the Application.