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Vidsmark CABETA Systems Add

Terms of Service

Effective date: June 30, 2026

These Terms of Service ("Terms") govern your access to and use of the Vidsmark marketplace, website, and services (the "Service"), operated by ToolFluency ("Vidsmark", "we", "us"), located at Greater Sudbury, Ontario, Canada. By creating an account or using the Service, you agree to these Terms. If you do not agree, do not use the Service.

1. About Vidsmark and beta status

Vidsmark is an online marketplace, based in Ontario, Canada, for buying and selling video games, consoles, accessories, arcade machines, and gaming-related collectibles. The Service is in an early-launch phase, and certain features may still be rolling out. Features may change, break, or be removed during this period, and we may limit availability by region.

2. Vidsmark is a marketplace, not the seller

Except for items we list directly, Vidsmark is a venue that connects buyers and sellers. We do not own, inspect, or take possession of items sold by third-party sellers. The contract of sale for any item is between the buyer and the seller. Sellers are responsible for the accuracy of their listings, the condition and legality of their items, and fulfilment. For any item Vidsmark itself sells, applicable consumer-protection warranties apply to us directly.

3. Eligibility and accounts

  • You must be the age of majority in your province or territory (18 in Ontario) to use the Service, or use it under the supervision of a parent or guardian who agrees to these Terms.
  • You register using email and password or Google sign-in (provided through Firebase) and choose a public handle. You are responsible for keeping your credentials secure and for all activity under your account.
  • You agree to provide accurate information and to keep it current.
  • We may suspend or terminate accounts that violate these Terms or our Acceptable Use Policy.

4. Buying and selling

Listings, fees, payouts, and seller obligations are described in these Terms and in the Seller Terms. Buyers agree to pay the listed price plus applicable fees and taxes. Sellers agree to describe items honestly, including condition and collector grade (for example CIB, loose, sealed, tested, region, variant).

5. Payments, escrow, and the local lane

5.1 Protected (escrow) checkout

Payments are processed by Stripe (including Stripe Connect). On a protected sale, the buyer pays through Stripe and the funds are held — they are released to the seller after the buyer confirms the item arrived as described (for shipped orders, only once the seller has added carrier tracking; for local pay-online orders, in person at handoff), or after Vidsmark's evidence-based review where a buyer goes silent on a carrier-confirmed delivery or a dispute is resolved in the seller's favour. Escrow is designed to be fair to both sides: funds are not refunded to a buyer merely on an unproven claim. When you transact on the escrow lane, Stripe's Stripe Services Agreement / Connected Account Agreement also applies to you, in addition to these Terms. Vidsmark is not a bank, deposit-taker, money services business, or money transmitter; escrow funds are held by Stripe as a regulated payment processor, are not deposits, and are not insured. Vidsmark only instructs the hold and release of funds.

5.2 Local lane (not escrow-protected)

Buyers and sellers may instead arrange a local deal paid by cash or Interac e-Transfer on pickup. Local deals are free and are arranged directly between the parties. Local cash/e-Transfer deals are NOT covered by Vidsmark escrow or buyer protection (and have no chargeback right). You transact at your own risk and are responsible for your own safety when meeting in person.

5.3 Buy-now-pay-later

On eligible orders (generally $150 or more), buy-now-pay-later financing through Affirm or Klarna may be available via Stripe. These are services of those third parties and are subject to their own terms, approval, and credit checks. Vidsmark is not the lender.

6. Fees and taxes

  • Listing: free.
  • Local cash/e-Transfer sales: free.
  • Protected (escrow) sales: a seller fee of 8% (6% on the Pro plan, 5.5% on the Shop plan) and a buyer protection fee of 2% of the item price (currently waived as a launch promotion — it may be reinstated with notice), plus a $0.49 small-order fee on orders under $20. Escrow checkout requires an item price of at least $8.
  • Seller plans: optional monthly subscriptions — Starter $5, Pro $10, Shop $15 (see section 7).

Fees are shown before you confirm a transaction. We may change fees on a going-forward basis with notice. All amounts are in Canadian dollars unless stated otherwise.

Taxes. Prices and fees may be subject to applicable taxes. Sellers are responsible for determining, collecting, and remitting any sales tax (such as GST/HST) and income tax on their sales. Vidsmark may be required to collect and remit tax on certain transactions or on its own fees and may collect tax information from you for that purpose.

7. Seller plans (subscriptions)

Selling on Vidsmark is free on the Collector plan. Three optional monthly subscriptions are available, all in Canadian dollars: Starter — $5/month (8% seller fee), Pro — $10/month (reduced 6% seller fee), and Shop — $15/month (reduced 5.5% seller fee). Paid plans also raise the monthly allowance for AI-assisted listing auto-fill and unlock additional seller and storefront features; the current details for each plan are shown on the seller plans page. You authorize us (through Stripe) to charge the subscription each month until you cancel. It renews automatically each billing cycle. You may cancel at any time in your account settings; cancellation takes effect at the end of the current billing period and is not pro-rated unless required by law. Plan benefits, prices and the reduced fees may change on a going-forward basis with notice. If a payment fails, we may suspend plan benefits until payment is resolved.

8. Vidsmark Credit

Vidsmark Credit is closed-loop, non-cashable store credit. It may be earned (for example, through referrals or promotions) and spent only on the Service. Vidsmark Credit has no cash value, cannot be withdrawn, transferred, or redeemed for cash, and may expire or be forfeited as described at the time it is issued or if your account is terminated for cause. Where you are legally entitled to a cash refund, Vidsmark Credit will not be imposed as the only remedy.

9. Refunds and disputes

Refunds and disputes on protected sales are governed by our Refunds & Disputes Policy, including the confirmation and dispute windows. Disputes are evidence-based, time-bound, and mediated by Vidsmark; they are not resolved by a buyer's unilateral say-so. We weigh evidence from both the buyer and the seller — including tracking, delivery/handoff confirmation, and listing details — before releasing or reversing held funds, and we protect honest sellers accordingly, without limiting any non-waivable consumer-protection or credit-card chargeback rights. Because local-lane deals are not escrow-protected, Vidsmark cannot reverse or mediate them.

10. AI listing assistant

Vidsmark offers an optional AI listing assistant powered by Anthropic that DRAFTS listing text and details from information you provide. It is assistive only. The AI does not — and Vidsmark does not — assert, verify, or guarantee the authenticity, condition, grade, legality, or value of any item. You are solely responsible for reviewing, correcting, and approving every listing; once you publish, you adopt the listing as your own and are responsible for its accuracy. Inputs you provide may be processed by Anthropic as described in our Privacy Policy.

11. Your content, ratings, and intellectual property

The Vidsmark name, logo, and software are owned by ToolFluency or its licensors. By posting content (including listing text and photos), you grant Vidsmark a non-exclusive, worldwide, royalty-free licence to host, display, and promote that content in connection with operating the Service. You represent that you have the rights to the content you post.

Ratings and reviews. Vidsmark uses two-way ratings: buyers and sellers may rate and review each other. Ratings and reviews are the opinions of the users who post them, not statements by Vidsmark. You may not post fake, incentivized, retaliatory, or manipulated ratings, or condition the release of escrow, withdrawal of a dispute, or any other action on receiving a favourable rating. We may remove content or ratings that violate this provision or our Acceptable Use Policy, but we have no obligation to monitor and do not endorse user content.

Reporting infringement. If you believe a listing or content infringes your intellectual property, contact hello@vidsmark.ca with: a description of the work or right; the specific listing(s) at issue (URL or listing ID); your contact information; and a statement that you believe in good faith the use is unauthorized. For copyright in Canada we operate under the notice-and-notice regime (Copyright Act): we forward compliant notices to the affected user and keep records, but a bare notice does not require us to remove content, and a valid notice must not contain a settlement demand or payment request. We may, in our discretion, remove infringing, counterfeit, or pirated listings under our Acceptable Use Policy.

12. Privacy and third-party processors

Our handling of personal information is described in our Privacy Policy. We use third-party processors — Stripe (payments/KYC/BNPL routing), Firebase/Google (authentication, database, storage), and Anthropic (AI listing assistant) — which may process personal information outside Canada, including in the United States.

13. Disclaimers

The Service is provided "as is" and "as available," and during beta may contain errors or interruptions. To the fullest extent permitted by law, Vidsmark disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant the accuracy of listings or the conduct of any user. Nothing in this section limits non-waivable statutory warranties, including for items Vidsmark itself sells.

14. Limitation of liability

To the fullest extent permitted by law, Vidsmark and its officers, employees, and agents will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, data, or goodwill, arising from your use of the Service. Our total liability for any claim relating to the Service is limited to the greater of the fees we earned on the transaction at issue or CAD $500. Nothing in these Terms limits liability that cannot be limited under applicable law.

15. Indemnification

You agree to indemnify and hold Vidsmark harmless from claims, losses, and expenses (including reasonable legal fees) arising from your listings, transactions, content, or breach of these Terms.

16. Suspension and termination

We may suspend or terminate your access at any time for violation of these Terms, suspected fraud or illegal activity, or risk to other users or the Service. You may close your account at any time. The following survive termination: fees owed, the content licence for already-posted content, disclaimers, limitation of liability, indemnification, dispute resolution, and governing law. Termination does not strand held escrow funds: pending escrow transactions are completed, and refunds or releases are handled, under the Refunds & Disputes Policy notwithstanding termination.

17. Electronic communications

You consent to receive communications from us electronically (by email, in-app message, or by posting in the Service), and you agree that electronic records and notices satisfy any legal requirement that such communications be in writing. Transactional and account messages (orders, escrow, payouts, disputes, security, KYC) are part of the Service. We will send marketing messages only with your consent and will include sender identification and an unsubscribe mechanism, as described in our Privacy Policy (and consistent with Canada's anti-spam law, CASL).

18. Changes to these Terms

We may update these Terms. For material changes we will give at least 30 days' notice where practicable (for example, by email or in-app), and changes will not apply retroactively to in-flight transactions. Your continued use after changes take effect means you accept the updated Terms; you may close your account before they take effect if you do not agree.

19. Governing law

These Terms are governed by the laws of the Province of Ontario and the laws of Canada applicable there, without regard to conflict-of-laws rules.

20. Resolving disputes between you and Vidsmark

(a) Talk to us first. Before starting any formal proceeding, you agree to contact us at hello@vidsmark.ca and give us 30 days to try to resolve the issue informally.

(b) Courts and small claims. Except as set out below, you and Vidsmark agree to the exclusive jurisdiction of the courts of Ontario, Canada. Either party may bring a claim in a small-claims court that has jurisdiction.

(c) Optional arbitration (business/seller disputes). For disputes that are NOT consumer disputes (for example, disputes arising from your activity as a business or commercial seller), you and Vidsmark may agree to resolve the dispute by arbitration administered by the ADR Institute of Canada under its simplified rules, seated in Ontario, in English. This is optional and applies only where both parties agree or where permitted by law.

(d) Your non-waivable rights are preserved. Nothing in this section requires arbitration of, or waives, any right you have as a consumer that cannot be waived under applicable law. Where the law of your province — including the Ontario Consumer Protection Act — prohibits mandatory arbitration clauses or class-action waivers against consumers, those prohibitions apply and this section is read down accordingly.

(e) Class actions. To the extent permitted by applicable law, disputes will be resolved on an individual basis. This does not apply where, and to the extent that, a class-action waiver is unenforceable under the law of your province (including Ontario, Quebec, and Saskatchewan).

21. General

Force majeure. Vidsmark is not liable for any failure or delay caused by events beyond our reasonable control, including outages or failures of third-party providers (such as Stripe, Firebase/Google, or Anthropic), carrier failures, internet or power outages, natural events, or government action. This does not affect any non-waivable consumer right.

Severability. If any provision of these Terms is held invalid or unenforceable, it will be limited or severed to the minimum extent necessary, and the remaining provisions stay in full effect.

Assignment. We may assign these Terms, in whole or in part (for example, in connection with a reorganization, financing, or sale of the business), on notice to you. You may not assign your rights or obligations without our consent. Any assignment will not reduce your non-waivable consumer rights.

Entire agreement. These Terms, together with the Acceptable Use Policy, Seller Terms, Refunds & Disputes Policy, and Privacy Policy, are the entire agreement between you and Vidsmark on this subject. If there is a conflict, these Terms govern, except that a seller-specific topic in the Seller Terms governs for sellers. Nothing here excludes statutory consumer protections.

No waiver; relationship. Our failure to enforce any provision is not a waiver. Nothing in these Terms creates a partnership, agency, employment, or joint venture between you and Vidsmark, except that, for the limited purpose of escrow, you authorize Vidsmark to instruct Stripe to hold and release funds.

Notices. We may give you notice by email to your account address, by in-app message, or by posting in the Service; such notice is deemed received when sent or posted. You may give us legal notice at hello@vidsmark.ca and, once available, at ToolFluency, Greater Sudbury, Ontario, Canada.

Language. These Terms are provided in English.

22. Contact

Questions about these Terms? Contact hello@vidsmark.ca or write to ToolFluency, Greater Sudbury, Ontario, Canada.