Terms of Service

These Terms of Service (“Terms”) are a legal agreement between you and Mercato, operated by Boldly Media Inc.(“Mercato,” “we,” “us,” or “our”), governing your access to and use of our website and services (the “Service”).

1. Acceptance of these terms

By accessing or using the Service, you agree to be bound by these Terms and by our Privacy Policy. If you do not agree, do not use the Service.

2. Who may use the Service

You must be at least 18 years old and able to form a binding contract to use the Service. If you use the Service on behalf of a business, you represent that you are authorized to bind that business to these Terms.

3. What Mercato provides

Mercato offers an AI-assisted business valuation tool and an online marketplace that helps business owners and prospective buyers connect. Mercato is a technology platform. We are not a business broker, dealer, investment adviser, accountant, appraiser, or law firm, and we are not a party to any transaction between users.

4. Valuations are estimates, not advice

Valuations generated by the Service are automated estimates for informational purposes only. They are based on the information you provide and general assumptions, and they are not a formal or certified business appraisal, nor financial, investment, tax, accounting, or legal advice.

• Actual sale prices depend on many factors and may differ materially from any estimate.
• You should not rely on a valuation for tax, estate, lending, litigation, or similar purposes — obtain a formal appraisal from a qualified professional (such as a Chartered Business Valuator) for those.
• You are responsible for the accuracy of the information you enter; estimates are only as good as the inputs.

5. Accounts

You are responsible for the information you provide, for keeping your account credentials secure, and for all activity under your account. Notify us promptly of any unauthorized use. You agree to provide accurate information and to keep it up to date.

6. Listings and the marketplace

• If you list a business, you are solely responsible for the accuracy, completeness, and legality of your listing and for your authority to sell. You must not post false, misleading, or confidential third-party information.
• Mercato does not verify, endorse, or guarantee any listing, user, valuation, or the outcome of any discussion or transaction, and does not guarantee that a business will sell.
• Any transaction, negotiation, due diligence, or agreement is solely between the buyer and seller. You are responsible for your own due diligence and for engaging your own professional advisers.

7. Non-disclosure agreements and confidential information

The Service may let a buyer sign a non-disclosure agreement (NDA) to request a seller's contact details or confidential information. Any such NDA is an agreement between the buyer and the seller. Mercato provides the tool but is not a party to it and is not responsible for its negotiation, performance, or enforcement. If you receive confidential information, you must use it only for evaluating a potential transaction and keep it confidential.

8. Acceptable use

You agree not to:

• Use the Service for any unlawful, fraudulent, or deceptive purpose.
• Post content that is false, infringing, confidential without authorization, or that you do not have the right to share.
• Attempt to access accounts or data that are not yours, probe or circumvent security, or disrupt the Service.
• Scrape, harvest, or bulk-collect data, or use the Service to send spam or solicit users for unrelated purposes.
• Misuse the AI tools to generate unlawful, harmful, or misleading content.

9. Fees

The valuation tool is currently offered free of charge. We may introduce or change fees for certain features in the future; if we do, we will make the terms clear before you incur any charge.

10. Intellectual property

The Service, including its software, design, and content (excluding your content), is owned by Mercato or its licensors and is protected by law. We grant you a limited, non-exclusive, non-transferable right to use the Service under these Terms. You retain ownership of the content you submit, and you grant us a license to host, process, and display it as needed to operate the Service.

11. Third-party services

The Service relies on third-party providers (such as our AI, hosting, and authentication providers) and may link to third-party sites. We are not responsible for third-party services or content, which are governed by their own terms.

12. Disclaimers

The Service is provided “as is” and “as available” without warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranty regarding the accuracy, reliability, or completeness of valuations, listings, or other content. We do not warrant that the Service will be uninterrupted or error-free.

13. Limitation of liability

To the fullest extent permitted by law, Mercato and its operators will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, business, or goodwill, arising out of or related to your use of (or inability to use) the Service — including any reliance on a valuation or any dealings between users. Our total liability for any claim relating to the Service will not exceed the greater of the amount you paid us in the 12 months before the claim or [CAD $100].

14. Indemnification

You agree to indemnify and hold harmless Mercato and its operators from any claims, losses, and expenses (including reasonable legal fees) arising out of your use of the Service, your content or listings, your dealings with other users, or your breach of these Terms.

15. Termination

You may stop using the Service at any time. We may suspend or terminate your access if you breach these Terms or to protect the Service or other users. Sections that by their nature should survive termination (including disclaimers, limitations of liability, and indemnification) will continue to apply.

16. Governing law and disputes

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable there, without regard to conflict-of-laws rules. You agree to the exclusive jurisdiction of the courts located in Ontario, Canada for any dispute, except where applicable law gives you the right to bring a claim elsewhere.

17. Changes to these terms

We may update these Terms from time to time. When we do, we will revise the “Last updated” date above. Your continued use of the Service after changes take effect means you accept the updated Terms.

18. Contact us

Questions about these Terms? Contact us at matt@boldlymedia.com, or write to Boldly Media Inc., 800 Paramount Drive, Unit 47, Stoney Creek, Ontario, Canada.