TERMS AND CONDITIONS

Updated: February 27, 2026   Welcome to the Marketsquare Tech website (the “Site”) and Marketsquare Tech’s associated iOS apps (known collectively in this document as the “App”). The Site and the App are owned and operated by Plum Creek Farm, LLC (“Marketsquare Tech”)  and provide services that enable Marketsquare Tech Users to sync catalog data from their cloud POS for various purposes specific to the individual apps. These Terms and Conditions (the “Terms”) govern your use of the Site and the App provided through the Site. PLEASE READ THE FOLLOWING TERMS CAREFULLY BEFORE ACCESSING OR USING THE SITE OR THE APP. These Terms are a legal agreement between you and Marketsquare Tech, and apply to you if you have created a Marketsquare Tech Account (a “User”). YOU UNDERSTAND THAT BY CLICKING THE “I AGREE” BUTTON, OR BY USING THE SITE OR APP (INCLUDING ANY CONTENT PROVIDED THEREIN), YOU AFFIRM THAT YOU ARE MORE THAN 15 YEARS OF AGE AND AGREE TO ABIDE BY AND COMPLY WITH THESE TERMS. If you agree to these Terms of Service on behalf of a business, you represent and warrant that you have the authority to bind that business to these Terms of Service and your agreement to these terms will be treated as the agreement of the business. In that event, “you” and “your” will refer and apply to that business.

• Registration. When you register to create an account on the Site (“Marketsquare Tech Account”), you will be asked to provide an email address and password. You are responsible for safeguarding your password and you agree not to disclose your password to any third party. You agree that you will be solely responsible for any activities or actions taken under your password, whether or not you have authorized such activities or actions. You agree that the information that you provide to Marketsquare Tech upon registration, and at all other times will be true, accurate, and complete. 
• Marketsquare Tech Termination. Without limiting other remedies, Marketsquare Tech reserves the right to terminate the Site and the App or your access thereto at any time and for any reason. In addition, Marketsquare Tech may take any actions it deems appropriate, without notice to you, if Marketsquare Tech suspects or determines, in its own discretion, that you may have: (i) failed to purchase a subscription for your Marketsquare Tech Account (ii) failed to comply with any provision of these Terms or any policies or rules established by Marketsquare Tech; or (iii) engaged in actions relating to or in the course of using the Site or the App that may be illegal or cause liability, harm, embarrassment, harassment, abuse or disruption for you, Users, Marketsquare Tech, any other third parties, or the Site or the App.
• Your Termination. You may terminate your Marketsquare Tech Account at any time and for any reason by emailing Marketsquare Tech at marketsquaretech@plmcrk.com and requesting termination. By terminating your Marketsquare Tech Account on the Site, you are also terminating your access to the App.
• Rights at Termination. Upon termination, all rights granted to you by these Terms will immediately cease. Marketsquare Tech is not liable to you or any third party for termination of the Site or the App, or termination of your use of the Site and the App. UPON ANY TERMINATION OR SUSPENSION, ANY INFORMATION THAT YOU HAVE SUBMITTED ON THE SITE OR WHICH IS RELATED TO YOUR ACCOUNT MAY NO LONGER BE ACCESSED BY YOU. YOUR ACCESS TO THE SITE VIA THE APP WILL ALSO BE TERMINATED. You are responsible to export and save any catalog data from the Site prior to terminating your Marketsquare Tech Account. Subject to the foregoing sentence, Marketsquare Tech reserves the right to delete all of your information and account data stored in the Marketsquare Tech database upon termination of these Terms, and Marketsquare Tech shall not be liable to you or any third party for termination of access to the Site, the App or deletion of your information or account data.
• Survival. Any suspension, termination or cancellation of the Site or the App will not affect your obligations to Marketsquare Tech under these Terms (including but not limited to ownership, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension, termination or cancellation.
• Modification. Marketsquare Tech reserves the right, in its sole discretion, to modify, discontinue or terminate the Site and the App, or to modify these Terms of Service, at any time and without advance notice. If Marketsquare Tech modifies these Terms , we will post the modification on the Site. If any modified terms and conditions are not acceptable to you, your sole remedy is to cease using the Site and the App, and if applicable, terminate your Marketsquare Tech Account. By continuing to access or use the Site and the App after Marketsquare Tech makes any such revision, you agree to be bound by the revised Terms.
• Intellectual Property Ownership and Restrictions. You will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Site or the App. Marketsquare Tech and its licensors own all right, title and interest, including all worldwide intellectual property rights in the Site and the App, and the trademarks, service marks and logos contained therein.
• Obligations for Marketsquare Tech Users. In addition, without limitation, you agree that while using or accessing the Site or the App you will not: (i) circumvent, disable or otherwise interfere with security related features of the Site or the App; (ii) attempt to probe, scan or test the vulnerability of any Marketsquare Tech system or network, or breach or impair or circumvent any security or authentication measures protecting the Site or the App; (iii) attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site or the App; (iv) use the Site or the App in any manner not permitted by these Terms; or (vi) encourage or instruct any other individual to do any of the foregoing or to violate any term of these Terms.
• Disclaimer of Warranties. Your use of the Site and and the App is at your sole discretion and risk. The Site and the App, and all materials, information, products and services included therein, are provided on an ’AS IS“ and ’AS AVAILABLE“ basis without warranties of any kind. MARKETSQUARE TECH EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE SITE AND SERVICES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE. Marketsquare Tech disclaims any warranties: (i) regarding the security, accuracy, reliability, timeliness and performance of the Site or the App; or (ii) that the Site or the App will be error-free or that any errors will be corrected. No advice or information, whether oral or written, obtained by you from Marketsquare Tech, will create any warranty not expressly stated in these Terms. Some states or jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you.
• Limitation of Liability. IN NO EVENT WILL MARKETSQUARE TECH , ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR THE APP, WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT MARKETSQUARE TECH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT WILL MARKETSQUARE TECH’S CUMULATIVE LIABILITY TO YOU EXCEED THE AMOUNT PAID BY YOU TO ACCESS THE SITE OR THE APP.
• Indemnification. You agree to defend, indemnify, and hold Marketsquare Tech, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney’s fees and costs, arising out of or in any way connected with (i) your access to or use of the Site or the App; (ii) your violation of these Terms; (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any claim that your use of the Site or the App caused damage to a third party.
• Third Party Links. The Site and the App may provide links to third party websites or resources. You acknowledge and agree that Marketsquare Tech is not responsible or liable for the availability or accuracy of such websites or resources, and Marketsquare Tech does not endorse such websites or resources or the content, products, or services on or available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
• No Assignment. You will not assign these Terms or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of Marketsquare Tech. Any purported assignment or delegation by you without the appropriate prior written consent of Marketsquare Tech will be null and void. Marketsquare Tech may assign these Terms or any rights hereunder without your consent.
• Relationship of the Parties. For purposes of these Terms, including if you become a User, you are not an employee or agent of Marketsquare Tech, and you will not represent that you are any of the foregoing. Each party will be independent and act independently and not as a contractor, partner, joint venturer, agent, employee or employer of the other and will not bind or attempt to bind the other to any contract. Each party will be solely responsible for their own costs and expenses incurred in the performance of their obligations under these Terms, including without limitation any expenses associated with the implementation of these Terms.
• Severability and Waiver. In the event that any provision in these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect. The failure of Marketsquare Tech to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
• Force Majeure. Marketsquare Tech will not be liable hereunder by reason of any failure or delay in the performance of its obligations hereunder on account of events beyond its reasonable control, which may include, without limitation, denial-of-service attacks, strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, terrorism, governmental action, labor conditions, earthquakes, material shortages, extraordinary Internet congestion or extraordinary connectivity issues experienced by major telecommunications providers (each a “Force Majeure Event”). Upon the occurrence of a Force Majeure Event, Marketsquare Tech will be excused from any further performance of its obligations affected by the Force Majeure Event for so long as the event continues.
• Governing Law. These Terms and the relationship between you and Marketsquare Tech will be governed by the laws of the State of Pennsylvania without regard to its conflict of law provisions. You and Marketsquare Tech agree to submit to the personal and exclusive jurisdiction of the courts located in Berks County, Pennsylvania.
• Entire Agreement. These Terms are the entire and exclusive agreement between Marketsquare Tech and you regarding the Site and the App, and supersede and replace any prior agreements between Marketsquare Tech and you regarding the Site and the App.
• Notice. Any notice or other communication to be given hereunder will be in writing and given (a) by Marketsquare Tech via email to the address that you provide; (b) by Marketsquare Tech via a posting on the Site; or (c) by you via email to marketsquaretech@plmcrk.com or to such other addresses as Marketsquare Tech may specify in writing. The date of receipt will be deemed the date on which such notice is transmitted.
• Questions. If you have questions about these Terms, please contact Marketsquare Tech at marketsquaretech@plmcrk.com
• Returns and Restocking. Certain physical products sold by Marketsquare Tech may be eligible for return. Any UNUSED and UNOPENED items may be returned within a timeframe approved by Marketsquare Tech, subject to a fifteen percent (15%) restocking fee. All return shipping costs are the sole responsibility of the purchaser. Items that have been opened, used, installed, damaged, or altered in any way are not eligible for return. Marketsquare Tech reserves the right, in its sole discretion, to inspect returned items and determine eligibility for any refund.