These Terms and Conditions are an agreement (“Agreement”) between MarketPlaceMerchantSolutions, LLC, doing business as SellerMobile (hereafter “SellerMobile”, “we”, “us” or “our”) and each user (“you” or “your”) of the tools, analytics, information, application, website (the “Site”) and other products and services made available by SellerMobile (this “Services”).
SellerMobile reserves the right, at our sole discretion, to revise or replace this Agreement at any time. For instance, we may need to change this Agreement if a new feature is launched or a service is upgraded. It is User’s responsibility to check for changes to this Agreement. If you do not agree to the new terms, you must discontinue use of the Services. If you continue to use the Services after the revised terms go into effect, then you have accepted the changes to this Agreement.
To use many of SellerMobile Services, you must register or sign up for an account and provide certain, individualized information. In doing so, you become a SellerMobile account holder (“Account Holder”).
Account Holder represents and warrants that:
(i) all required registration and account information submitted is truthful, current and accurate;
(ii) Account Holder will maintain the accuracy of such information;
(iii) Account Holder will not violate any United States or other applicable law or regulation in connection with the use of the Services.
Account Holder also agrees to maintain the security of the account and promptly notify
SellerMobile if it is discovered or suspected that someone has accessed Account
Holder’s account without permission. If Account Holder permits others to use the account
credentials, Account Holder is responsible for the activities of such users that take
place in connection with that account. If we believe that the information Account Holder
provides is not correct, current or complete, we have the right to terminate or suspend
access to the Services. SellerMobile may also suspend or terminate Account Holder’s
account and/or access to the Services at any time upon becoming aware of any violation
or threatened violation of the Agreement, any security or other threat to our systems,
technology, business, other people, or other matters warranting such suspension or
termination. SellerMobile is not responsible for any loss or harm related to User’s
inability to access or use our Services.
When you choose username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Services or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. SellerMobile has the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time for good cause, including if we reasonably determine that you have violated any provision of the Agreement.
SellerMobile reserves the right to withdraw or amend the Services, and any material we provide in connection therewith, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services is unavailable for a period of twenty-four (24) hours or less during any business day. In the event that the Services are unavailable for a period of more than twenty-four (24) hours during any business day, you will be entitled to an abatement of the subscription fee during such period of unavailability, which shall be calculated as follows: The monthly subscription fee shall be multiplied by a fraction, the numerator of which shall be the number of business
Where payment of fees is required for the usage of a SellerMobile product or service, you agree to pay all correct fees for Services ordered from us. You can view all current pricing for Services offered on the Site.
Many of SellerMobile’s Services are offered on a subscription basis. If you choose to use the Services under one of our subscription plans, you will pay a recurring subscription fee for access based on the applicable subscription plan you select (monthly or annual). In doing so, you become a subscriber (“Subscriber”). The period for the plan you select is the subscription period. The subscription period begins on the day you select the applicable subscription plan, and automatically renews for another subscription period at the end of the current subscription period unless you notify SellerMobile of cancellation/nonrenewal before the end of its current subscription period. Subscription fees will not be pro-rated. SellerMobile will automatically charge Subscriber subscription fees for the next subscription period (monthly or annually) upon each renewal. This means that once you become a Subscriber, your subscription will be automatically renewed and your payment method will be debited, unless you opt-out or cancel as set forth in Section 8. If any amounts owed hereunder are not received by SellerMobile by the due date, Services will be suspended until payment is received and/or payment methods are updated. If Services are suspended for nonpayment, SellerMobile will not be liable for any resulting loss, damage or expense connected with such suspension.
Subscription Upgrades and Downgrades
Subscribers may upgrade or downgrade service at any time by logging into the Web Application or calling the toll free number set forth in Section 27. The new subscription fee will be charged to you at the start of the new subscription period. Even if you downgrade, SellerMobile will not backtrack and provide refunds for usage of the previous subscription plan.
SellerMobile in its sole discretion and at any time, may modify the subscription fees for any of the subscription plans. Any subscription fee change will become effective at the end of the then-current Billing Cycle. SellerMobile will provide you with a reasonable prior notice of any change in subscription fees to give you an opportunity to terminate your subscription before such change becomes effective. Your continued use of the Services after the subscription fee change comes into effect constitutes your agreement to pay the modified subscription fee amount.
You may cancel your subscription with SellerMobile at any time by logging into the
Web Application or sending an email at email@example.com at least two days
before the renewal date. If you do not let us know that you want to cancel the Services
at least two days prior to the end of the current subscription period or free trial
period, your subscription will be automatically renewed and your payment method will be
debited. If you cancel a subscription plan for convenience before the end of the current
subscription period, the fees for that subscription period are non-refundable and remain
due. Subscription fees will not be pro-rated.
You may cancel the 14-day free trial upon notification at least two days prior to the end of the free trial period. If you cancel after that point, you will be charged the subscription fee for the next subscription period and you will not receive a refund. If you cancel the free trial at least two days prior to the end of the 14-day period, your subscription will terminate at the end of that period, along with all of your rights to use SellerMobile tools. We reserve the right to revoke your free trial at any time.
Monthly subscriptions may be canceled at any time. Refunds are discretionary and will be granted on a case-by-case basis. All refunds will be credited to the original payment method on which the purchase was made. Please allow a reasonable time for the refund to reach you or be charged back to your account. We reserve the right to cancel your subscription plan with SellerMobile at any time, for any reason.
In consideration of payment for subscription fees and subject to any limitations set forth in this Agreement, SellerMobile grants to Subscriber a limited, personal, non-exclusive and nontransferable right and license to access, operate, and use the Services for any legal purpose, other than the prohibited uses specified in Section 10 below, during the licensed term.
You shall not use the Services:
(1) in a manner inconsistent with this Agreement;
(2) in a manner inconsistent with Amazon Seller’s Terms and Conditions
(3) to copy, in whole or in part, except as part of a routine backup process for use exclusively by you
(4) to modify, translate, adapt or otherwise create derivative works or improvements, whether or not patentable;
(5) to combine or incorporate the software, or any part thereof, in any other programs;
(6) to decompile or reverse engineer, or otherwise attempt to derive or gain access to the source code of the software or any part thereof;
(7) to remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices included on or in the software or related documentation, including any copy thereof;
(8) for purposes of competitive analysis of the Services, including the software, or for any other purpose that is to SellerMobile’s competitive disadvantage; or
(9) for a use that would be illegal under laws that pertain to the jurisdiction in which the Services are being used.
SellerMobile has no obligation to monitor the content of the Services. Nonetheless, SellerMobile reserves the right to monitor the Services electronically from time to time, and to disclose any information as necessary or appropriate to satisfy any law, regulation, governmental request or Amazon policy, to operate the Services properly, or to protect itself or its customers.
The Services may integrate and/or interact with third party platforms, including via APIs or browser extensions. For example, the Services may leverage API’s from Amazon.com, Inc., Amazon Services, LLC and/or its affiliates (“Amazon”) to integrate with and interact with certain Amazon services and/to Google Chrome browser extensions. SellerMobile has no affiliation, association, endorsement, approval or sponsorship by Amazon, Google or any other third party platforms. It is your responsibility to review and interpret any third party terms and conditions applicable to your use of the third party services, and you acknowledge and agree that SellerMobile has no control over, and is not a party to, such terms and conditions. You further agree and acknowledge that SellerMobile is not responsible for the operations, security or performance of such third party platforms. Therefore, SellerMobile is not liable to you for any damage or loss that you suffer as a result of your use of a third-party platform.
Notwithstanding the foregoing, you acknowledge and agree that in order for the Services to integrate with certain third party platforms, you must provide access to your applicable third party accounts. For example, with respect to Amazon, you must provide SellerMobile with access to your Amazon Seller Central Account in order to receive Services. By incorporating third party platforms into your account, you authorize us to collect, analyze and use data collected by or through those third party platforms. You represent that you have the rights to access such third party platforms, and that you are an owner or authorized user of the third party platform accounts you authorize us to incorporate. You also agree to take full responsibility for compliance with policies and procedures that may be set forth by these third parties.
SellerMobile put a lot of effort into creating our Services including, the logo and all designs, text, graphics, pictures, information, and other content (excluding your content). We and/or our vendors and suppliers, as applicable, retain all right, title and interest in and to the Services, the Site and all information, content, software, analytics and other software and materials provided by or on behalf of us, including but not limited to all text, images, videos, logos, button icons, audio clips, and the look and feel of the website and our brands and logos, and any data compilations, including without limitation any data input by or on behalf of us or our third party providers, and any data to the extent processed by, or resulting as an output of, the Services, and all Services usage data, statistical data or aggregated data collected or reported with respect to the any part or all of the Services (“SellerMobile Materials”). We grant you a revocable license to use SellerMobile Materials.
In addition, unless otherwise stated, all content on the Site, is either SellerMobile Materials or the property of third parties. This content is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions and other copyright laws. SellerMobile grants you a revocable license, the scope of which is limited to viewing the content of the Site for whatever length of time you are viewing the Site. You are not permitted or authorized to copy, re-publish, modify, or distribute any content on the Site.
The SellerMobile name, the terms, and all related names, logos, product and service names, designs, and slogans are trademarks of the company or its affiliates or licensors. You must not use such marks without the prior written permission of SellerMobile. All other names, logos, product and service names, designs, and slogans used on or in connection with the Services are the trademarks of their respective owners.
SellerMobile WARRANTS ONLY THAT THE SERVICES WILL INITIALLY OPERATE SUBSTANTIALLY IN COMPLIANCE WITH APPLICABLE SPECIFICATIONS. EXCEPT FOR THE FOREGOING, THE SERVICES AND ANY OTHER SERVICE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE ARE PROVIDED TO YOU ON AN “AS IS” OR “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND. WE DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE SERVICE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE.
IN NO EVENT WILL SellerMobile BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE THE SERVICES, EVEN IF SellerMobile HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Further, you waive any claim for damages that would exceed the amount paid to SellerMobile in the 12 months that precede the claim. The foregoing limitations will apply even if the above stated warranties fail of their essential purpose.
This Agreement, and any disputes arising out of or related hereto, shall be governed exclusively by the laws of the State of Texas, without regard to its conflicts of laws rules. The state and federal courts located in Dallas County, Texas shall have exclusive jurisdiction to adjudicate any dispute arising out of or relating to this Agreement. Each party hereby consents to the exclusive jurisdiction of such courts. If there is any conflict or inconsistency between any provision of this policy and any provision of any applicable law, the latter shall control.
The Services are controlled and operated by the Company from the United States. If you are not a resident of the United States or you are located outside the United States, you should not use the Services unless you are in compliance with all applicable law. If you choose to use the Services or provide information to us, please note that we may transfer Personal Information provided by you for processing in the United States. By providing Personal Information to us for the purpose of setting up an account, obtaining Services, or placing you or your company on our contact lists, you consent to the transfer of Personal Information to the United States. The transfer of that Personal Information to the United States is necessary for SellerMobile to provide Services.
We do not represent or warrant that the Services, or any portion thereof, are appropriate, lawful, or available for use in any particular jurisdiction. Those who choose to access the Services do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations, and are subject to United States export controls in connection with your use of the Services and are responsible for any violations of such controls, including, without limitation, any United States embargoes or other federal rules and regulations restricting exports.
No failure or delay by either party in exercising any right under this Agreement shall constitute a waiver of that right. Other than as expressly stated herein, the remedies provided herein are in addition to, and not exclusive of, any other remedies of a party at law or in equity.
If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, the provision shall be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of this Agreement shall remain in effect.
Neither Party will be responsible for failure or delay of performance if caused by: any pandemic, quarantine, an act of war, hostility, or sabotage; act of God; electrical, Internet, or telecommunication outage that is not caused by the obligated Party; government restrictions; or other event outside the reasonable control of the obligated Party. Each Party will use reasonable efforts to mitigate the effect of a force majeure event.
Except as provided by any applicable law, you are solely responsible for all fees and disbursements of any attorney or other advisor retained by you in connection with enforcing this Agreement.
All notices of copyright infringement claims, other feedback, comments, requests for technical support, and other communications relating to the Services, should be directed to:
E-mail to:firstname.lastname@example.org or Toll-free phone number: +1-888-786-1512