Welcome to Seller.Tools, LLC (the “
Company”). The Company offers a Service as a Software (“
SaaS”) online marketing and management tool for Amazon sellers (the “Service”). By accessing Service website found at
http://seller.tools/ (the “
Website”) through a mobile device, mobile application or computer you agree to be bound by these Terms of Use (this “
Agreement”). If you wish to create an account and make use of the Service, please read these Terms of Use.
You should also read the Privacy Policy, which is incorporated by reference into this Agreement and available in the Service –
https://seller.tools/privacy/. If you do not accept and agree to be bound by all of the terms of this Agreement, including the Privacy Policy, do not use the Service.
1. Acceptance of Terms of Use Agreement
This Agreement is an electronic contract that establishes the legally binding terms you must accept to use the Service. By accessing or using the Service, you accept this Agreement and agree to the terms, conditions and notices contained or referenced herein and consent to have this Agreement and all notices provided to you in electronic form. To withdraw this consent, you must cease using the Service and terminate your account in accordance with the Company’s Billing Policy (
http://seller.tools/billing/). This Agreement may be modified from time to time by the Company, such modifications to be effective upon posting in the Service. No part of the Service is directed to persons under the age of 18. You must be at least 18 years of age to access and use the Service. By accessing and using the Service, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. Using the Service may be prohibited or restricted in certain countries. If you use the Service, you are responsible for complying with the laws and regulations of the territory from which you access or use the Service.
2. Creating an Account
In order to use the Service, you must sign in using your email account. If you do so, you authorize the Company to access certain account information, such as your Facebook, Google or Twitter profile (consistent with your privacy settings in the same), your email address, interests, likes, gender, birthday, education history, relationship interests, current city, photos, personal description. For more information regarding the information we collect from you and how we use it, please consult our Privacy Policy.
3. Term and Termination
This Agreement will remain in full force and effect while you use the Service and/or have an account. You may disable your account at any time, for any reason, by following the instructions in the Service. The Company may terminate or suspend your account at any time without notice if the Company believes that you have breached this Agreement, or for any other reason, with or without cause, in its sole discretion. The Company is not required to disclose the reason for the termination or suspension of your account.
4. Account Security
You are responsible for maintaining the confidentiality of the username (email) and password you designate during the registration process, and you are solely responsible for all activities that occur under your username and password. You agree to immediately notify the Company of any disclosure or unauthorized use of your username or password or any other breach of security and ensure that you log out from your account at the end of each session.
5. Limitation on Liability
The Company, its affiliates or its partners be liable (directly or indirectly) for any losses or damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Service. You agree to take all necessary precautions in all interactions with the Service and other users. TO THE EXTENT ALLOWED BY MANDATORY LAW, THE COMPANY DOES NOT HAVE ANY OTHER RESPONSIBILITY OR LIABILITY FOR THE SERVICE. THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” AND THE COMPANY EXPRESSLY DISCLAIMS ALL OTHER EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED THE WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, CORRECTNESS, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT AND ACCURACY. THE COMPANY MAKES NO WARRANTY THAT THE SERVICES OR THE WEBSITE (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) WILL BE APPROPRIATE OR AVAILABLE FOR USE IN ALL LOCATIONS; OR (D) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. WE FURTHER MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING THE ACCURACY OR COMPLETENESS OF THE CONTENT ON ANY SITES TO WHICH THE WEBSITE OR SELLZONE SERVICES ARE LINKED.
6. Proprietary Rights
The Company owns and retains all proprietary rights in the Service, and in all content, trademarks, trade names, service marks and other intellectual property rights related thereto. The Service contains the copyrighted material, trademarks, and other information of the Company. You agree to not copy, modify, transmit, create, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, service marks, or other intellectual property or proprietary information accessible through the Service, without first obtaining the prior written consent of the Company or, if such property is not owned by the Company, the owner of such intellectual property or proprietary rights. You agree to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices.
7. Content Posted by You in the Service
You are solely responsible for the content and information that you post in the Service, whether publicly posted or privately transmitted (collectively, “Content”). You may not post as part of the Service, or transmit to the Company or any other user (either on or off the Service), any offensive, inaccurate, incomplete, abusive, obscene, profane, threatening, intimidating, racially offensive, or illegal material, or any material that infringes or violates another person’s rights (including intellectual property rights, and rights of privacy and publicity). You represent and warrant that all information that you submit upon creation of your account, is accurate and truthful and that you will promptly update any information provided by you that subsequently becomes inaccurate, incomplete, misleading or false.
You understand and agree that the Service may, but is not obligated to, monitor or review any Content you post. The Company may delete any Content, in whole or in part, that in the sole judgment of the Company violates this Agreement or may harm the reputation of the Service or the Company.
By posting Content as part of the Service, you automatically grant to the Service, its affiliates, licensees and successors, an irrevocable, perpetual, non- exclusive, transferable, sub-licensable, fully paid-up, worldwide right and license to use, copy, perform, display, reproduce, record, adapt, modify and distribute the Content.
You are prohibited from transmitting or uploading any material to the Website that contains viruses, Trojan horses, worms, or any other harmful or deleterious programs.
You are prohibited from taking any action that imposes an unreasonable or disproportionately large load on our infrastructure, or detrimentally interfere with, intercept, or expropriate any system, data, or information.
The Company reserves the right, in its sole discretion, to investigate and take any legal action against anyone who violates this provision.
8. Prohibited Activities
The Company reserves the right to investigate, suspend and/or terminate your account if you have misused the Service or behaved in a way the Service regards as inappropriate or unlawful.
It is prohibited to gather data from SellerTools application by using automated crawlers, in any shape or form. The Company reserves the right to investigate, suspend and/or terminate your account if we have proof that automated crawlers are used to gather data.
It is prohibited to use any custom scripts to query data from the SellerTools API outside of the primary use-case of SellerTools. The Company reserves the right to investigate, suspend and/or terminate your account if you have misused the API data query feature, or if you fail to provide sufficient information and justification for the extended use.
9. Modifications to Service
The Company reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that the Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. To protect the integrity of the Service, the Company reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing the Service.
10. Copyright Policy
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the Company.
11. Anti-Money Laundering (AML) and Know Your Customer (KYC) Policy
AML and KYC policy applies to all users and has the purpose of obstructing and actively preventing money laundering and any activity that facilitates money laundering or funding of terrorist or criminal activities. The Company requires its managers, employees and branches follow the principles of this policy in order to prevent the use of their services for money laundering.
By accessing the Service, you agree to comply with the legal norms including international, to combat illegal trafficking, financial fraud, money laundering and legalization of funds obtained by illegally;
User guarantees the legal origin, legal ownership and right to use funds transferred to the Company through the Service. In case of suspicious or fraudulent payment, the Company reserves the rights to block your account for further investigation of the suspicious transactions nature.
You are prohibited to use the services and / or software for any illegal or fraudulent activities, or for any unlawful or fraudulent transactions including money laundering under the laws of the country from which you originate.
12. Limitation on Liability
To the fullest extent allowed by applicable law, in no event will the Company, its affiliates, business partners, licensors or service providers be liable to you or any third person for any consequential, exemplary, incidental, special or punitive damages, including, without limitation, loss of profits, loss of goodwill, corruption or breaches of data or programs, service interruptions and procurement of substitute services, even if the Company has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, the Company’s liability to you for any causes whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to the Company. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the service or the terms of this agreement must be filed within one year after such claim or cause of action arose.
13. Settlement of Disputes
The parties should resolve all claims and disputes, which may arise from these terms of use or in connection herewith, by means of negotiations. Claims or disputes that the parties are unable to settle by negotiation should be referred to the Court of the principal place of business of the Company.
14. Notices
The Company may provide you with notices, including those regarding changes to this Agreement, using any reasonable means now known or hereafter developed, including by email, regular mail, SMS, MMS, text message or postings through the Service. Such notices may not be received if you violate this Agreement by accessing the Service in an unauthorized manner. You agree that you are deemed to have received any and all notices that would have been delivered had you accessed the Service in an authorized manner.
Updated: June, 2021
