THIS IS A CONTRACT FOR THE SERVICES DESCRIBED BELOW. PLEASE READ THIS AGREEMENT CAREFULLY. BY CLICKING “ACCEPT” AT THE END OF THE AGREEMENT, YOU ACCEPT ALL TERMS SET FORTH HEREIN, INCLUDING THOSE CONTAINED IN SELLERMOBILE’S PRIVACY POLICY AND TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, CLICK “DECLINE” TO TERMINATE THIS TRANSACTION AND YOU WILL HAVE NO RIGHT TO ACCESS AND THE SERVICES
- Description of Services
SellerMobile agrees to provide you with tools to manage its Amazon business inventory, price and feedback automation, restock, lost sales analysis and alerts and notifications (the “Services”). Seller Mobile will provide the Services to you using its cloud-based architecture, including the maintenance and execution of all automation infrastructure and software to provide the Services. You must provide SellerMobile with access to your Amazon Seller Central Account in order to receive Services.
- License Grant
Subject to your strict compliance with the Terms and Conditions, a copy of which is available at www.sellermobile.com, SellerMobile hereby grants you 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 ¶ 3 below, during the licensed term.
- Prohibited Uses
You shall not use the Services, including the software:
(1) in a manner inconsistent with Section 1;
(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) to use 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.
- Subscriptions
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 6. 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 of the Terms and Conditions. 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.
- Cancellation and Refunds
You may cancel your subscription with SellerMobile at any time by logging into the Web Application or sending an email at info@sellermobile.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 but you will not receive a refund. . 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.
- Disclosing Information to Affiliated Companies
SellerMobile does not disclose any information collected to affiliated companies.
- Monitoring Services
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.
- Warranties
Except for any express warranties in the Terms and Conditions, SellerMobile warrants only that the Services will initially operate substantially in compliance with applicable specifications. All implied warranties are disclaimed. You waive any claim for damages that would exceed the amount paid to SellerMobile in the 12 months that precede the claim.
- Limitation of Liability
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. The foregoing limitations will apply even if the above stated warranties fail of their essential purpose.
- Miscellaneous
By entering into this Agreement, the parties also confirm their acceptance of the SellerMobile Privacy Policy and Terms and Conditions, copies of which are available at www.sellermobile.com. This Agreement, along with the Privacy Policy and the Terms and Conditions, shall represent the entire agreement between SellerMobile and you with respect to licensing or use of the Services.
THE INDIVIDUAL ACCEPTING THIS AGREEMENT, WHETHER ON HIS OR HER OWN BEHALF OR ON BEHALF OF ANY ENTITY, REPRESENTS AND WARRANTS THAT HE OR SHE IS AT LEAST 18 YEARS OF AGE AND OTHERWISE HAS SUFFICIENT CAPACITY TO ENTER INTO THIS AGREEMENT. IF SUCH INDIVIDUAL IS ACCEPTING THIS AGREEMENT ON BEHALF OF AN ENTITY, HE OR SHE ALSO REPRESENTS AND WARRANTS THAT HE OR SHE HAS ACTUAL AUTHORITY TO BIND SUCH ENTITY AS SET FORTH IN THIS AGREEMENT.
BY CREATING A SELLERMOBILE ACCOUNT YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ITS TERMS, INCLUDING THOSE CONTAINED IN SELLERMOBILE’S PRIVACY POLICY AND TERMS AND CONDITIONS. YOU ALSO AGREE TO BE LEGALLY BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, CLICK “DECLINE” TO TERMINATE THIS TRANSACTION AND YOU WILL HAVE NO RIGHT TO ACCESS AND THE SERVICES.
