Welcome to C8KE! This Terms of Service Agreement ("Agreement") is a legal contract between you ("User," "Merchant," or "Influencer") and C8KE regarding your use of our platform, including our website, mobile apps, and all related tools and services.

By accessing or using C8KE, you agree to be bound by this Agreement. If you do not agree, please discontinue use immediately.

1. Account Registration and Eligibility

• You must be at least 13 years old to use C8KE. Users under 18 must have parental or guardian consent.
• You agree to provide accurate and current information during registration and to update it as necessary.

2. Platform Use and Restrictions

• You are responsible for all content and activity under your account.
• You may not use C8KE for illegal activities, spam, infringement, or to distribute harmful content.
• We reserve the right to suspend or terminate accounts violating these rules.

3. Selling Digital Products on C8KE

Users may create a C8KE Page to sell digital products (e.g., downloads). Payments are processed through third-party platforms such as Stripe.

Platform Fees:

• Free Plan Users: 8% platform fee per transaction
• Pro Plan Users: 5% platform fee per transaction

C8KE does not process payments directly and is not responsible for payment failures or disputes between buyers and sellers.

4. Subscription Plans & Billing

• Subscription plans auto-renew unless canceled by the user before the next billing cycle.
• Users can manage plans via Billing > Manage in their account dashboard.
• If payment fails, C8KE may pause access or terminate subscriptions.
• Dispute Window: Users must raise billing issues within 60 days.
• Refund Policy:
• Any subscription fees or other fees charged to you are non-refundable except as expressly set forth in these Terms of Service.

5. C8KE Influencer Program (CIP)

The C8KE Influencer Program ("CIP") allows users to earn commissions by promoting merchant products.

Merchant Types:

• Direct Merchants: Onboarded directly by C8KE
• Third-party Merchants: Integrated via external affiliate networks

Commission Fees:

Plan	Direct Merchants	Third-party Merchants
Free Plan	0% fee	25% fee deducted
Pro Plan	0% fee	0% fee

Payout Terms:

• Commissions are valid only for verified transactions.
• Payouts occur on the 1st and 16th of each month with a $50 minimum.
• Voided transactions (returns, fraud, etc.) will nullify commission.
• Tracking gap may delay validation up to 30 days.

6. Merchant Terms for CIP (Direct Merchants)

Platform Rights:

• All content, branding, and technology on C8KE belong to C8KE or its licensors.

Responsibilities:

• Provide accurate product listings and fulfill orders.
• Ensure compliance with applicable laws and IP rights.

Commission Handling:

• Merchants define commission rates.
• C8KE withholds and distributes influencer commissions.
• Platform charges a 25% service fee on commissions for the first 9 months.

Balance Management:

• Merchants must pre-fund accounts for commissions and fees.
• Insufficient balance leads to suspension of all promotions.

VOID Policy:

• VOID requests must be submitted within 30 days.
• Voided commissions will be revoked.

Termination:

• Either party may terminate with 10 days' notice.
• Unused balances refunded within 10 days after the tracking window closes.

7. Intellectual Property

Merchants working with influencers under CIP must agree to the following:

Responsibilities:

• Provide accurate product listings and fulfill orders.

User Content:

• Users retain ownership of content they upload.
• Users must ensure they own or have rights to all content submitted.
• C8KE may remove content violating laws or third-party rights.

DMCA and Infringement:

• C8KE honors takedown requests and may suspend repeat infringers.
• To report IP violations, contact legal@c8ke.com with documentation.

8. Termination

• Users may delete their account and data via their account dashboard or email support@c8ke.com.
• We may terminate inactive accounts (6+ months) with 15 days’ notice.
• We may terminate accounts for violations or at our discretion with 30 days’ notice.

9. Disclaimers and Limitation of Liability (Canada Compliance)

• C8KE is provided “as is.” We disclaim all warranties to the fullest extent permitted by law, including implied warranties of merchantability and fitness for a particular purpose.
• In compliance with Canadian consumer protection laws, nothing in these terms shall limit your statutory rights.
• Our liability is limited to the amount you paid us in the last 6 months or $100, whichever is greater, except where such limitation is not permitted by applicable law.

10. Governing Law and Dispute Resolution

This Agreement is governed by the laws of the Province of Ontario, Canada. Any disputes will be handled in accordance with the applicable laws and courts of Ontario, unless otherwise required by Canadian federal law.

Arbitration Agreement:

To the extent permitted by applicable law, you and C8KE agree that any disputes, claims or controversies arising out of or relating to this Agreement or the use of the Service shall be resolved through final and binding arbitration, administered by a neutral arbitrator under the ADR Institute of Canada’s Arbitration Rules.

• Arbitration shall take place in Ontario, Canada.
• Either party may initiate arbitration by providing written notice to the other party.
• Arbitration will be the exclusive means of dispute resolution, except you may assert claims in small claims court or seek injunctive relief where appropriate.
• The parties waive any right to class proceedings or trial by jury to the extent permitted by law.

11. Contact Information

If you have questions about these terms, please contact us at support@c8ke.com.