Terms of Service

Acceptance of Terms

This SellerZen Terms of Service document (“SellerZen TOS”, “TOS”) is an agreement you must accept in order to use the products and services provided on sellerzen.com, app.sellerzen.com, help.sellerzen.com, or any other websites owned by SellerZen (“we”, “us”).  For simplicity, we’ll call these websites, products, and services “SellerZen sites” for short.  This document describes both your rights and your obligations as part of using the SellerZen sites.  It is important that you read it thoroughly because you will be legally bound to these terms.  By using SellerZen sites, you agree to be bound by this TOS.

If you are entering into this TOS on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to this TOS.  In that case, the terms “you” or “your” shall also refer to such entity.  If you do not have such authority, or if you do not agree with this TOS, you may not use SellerZen sites.  You acknowledge that this TOS is a contract between you and SellerZen, even though it is electronic and is not physically signed by you and SellerZen, and it governs your use of SellerZen sites.

SellerZen Sites Definitions

  1. Documentation – The documentation, data, and information that SellerZen provides regarding the use of the SellerZen sites.
  2. Data – Includes any data or content uploaded, posted, transmitted, or otherwise made available to SellerZen sites by you or through third-party APIs.
  3. Third-Party API – The Application Programming Interface (“API”) of third party websites that you use that allows SellerZen sites to send and retrieve data.
  4. Near Real-Time – For the purpose of SellerZen sites, near real-time refers to the time delay introduced between the occurrence of the event and the use of the data resulting from such event.
  5. Two-Factor Authentication – A method of confirming a user’s claimed identity in which a user is granted access to SellerZen sites after presenting two or more pieces of evidence to an authentication mechanism.
  6. Order Imported – Refers to a sales document in your accounting software that SellerZen has created from an order on third-party websites containing an order number, customer data and line items of products or services.
  7. Available Balance – The available amount in your account that is used to pay for each order imported.

Intellectual Property

SellerZen sites and its original content, features, and functionality are owned by SellerZen and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.  You may not reverse engineer, reverse compile, or otherwise reduce to human readable form any software associated with SellerZen sites.

Types of Data SellerZen Collects and Stores

In addition to the terms set forth in SellerZen’s privacy policy, SellerZen sites collect and store the following types of data:

  1. Your personal data when you sign up on SellerZen sites including, but not limited to, your name, phone number, address, email, payment information, and company name.
  2. Data from third-party APIs including, but not limited to, transaction data such as orders and refunds.
  3. Data included in the privacy policy.
  4. Third-party API access keys and tokens provided by you.

You agree that so long as you continue to use SellerZen sites, your data may persist perpetually on SellerZen sites.  To remove your data from SellerZen sites, you must cease using the products and services on SellerZen and contact us to remove your data.

Acceptable Use

By using SellerZen sites, you agree to the following list of conduct:

  1. Comply with this TOS.
  2. Comply with all applicable laws and governmental regulations, including, but not limited to, all intellectual property, data, privacy, and export control laws, and regulations promulgated by any government agencies, including, but not limited to, the U.S. Securities and Exchange Commission, and any rules of any national and other securities exchanges.
  3. Keep passwords and all other login information confidential.
  4. Promptly notify us if you become aware of or reasonably suspect any illegal or unauthorized activity or a security breach involving your accounts, including any loss, theft, or unauthorized disclosure or use of a username, password, or account.
  5. Comply with all applicable terms of any third party applications and their APIs.
  6. Do not upload, transmit, or send SellerZen any data, file, software, or link that contains or redirects to a virus, Trojan horse, worm, or other harmful component or a technology that unlawfully accesses or downloads content or information stored on SellerZen sites or on the hardware of SellerZen sites or any third party.
  7. Do not attempt to to reverse engineer, decompile, hack, disable, interfere with, disassemble, modify, copy, translate, or disrupt the features, functionality, integrity, or performance of the SellerZen sites (including any mechanism used to restrict or control the functionality of SellerZen sites), any third party API access, or any third party data contained therein (except to the extent such restrictions are prohibited by applicable law).
  8. Do not attempt to gain unauthorized access to SellerZen sites or third-party APIs or networks or to defeat, avoid, bypass, remove, deactivate, or otherwise circumvent any software protection or security on SellerZen sites.
  9. Do not use automated scripts, webcrawlers, bots, or any mechanism that allows you to emulate keyboard strokes or mouse movements for the purpose of sending or retrieving data on SellerZen sites.
  10. Do not authorize, permit, enable, induce, or encourage any third party to do any of the above.

Reliance on SellerZen Sites

SellerZen is always evolving to provide cutting-edge technology, and we need the flexibility to make changes to our software.  We will try to give advance notice of any changes or periods in which SellerZen sites would be unavailable.

Commercial Use

You may not sell, rent, lease, sublicense or redistribute SellerZen sites.

Third Party API Access

By granting SellerZen access to your account on third party websites through their APIs, you agree to allow us to use all features and functionality provided in the third party APIs, including, but not limited to, retrieving, viewing, and modifying data and documents for the purpose of providing SellerZen services.

Usage of Data

SellerZen will not sell or rent data collected on SellerZen sites or through third-party APIs.  SellerZen will not share data with third parties or use it beyond providing its service.

Free Monthly Credits

Free monthly credits have no monetary value, cannot be transferred, redeemed, or refunded.  Free monthly credits reset at the beginning of every month at midnight and do not roll over to the next month.  Free monthly credits can only be applied to orders imported.

Billing & Refunds

Billing on SellerZen sites is usage-based and you pay per order imported.  After your free monthly credits are used up, we will automatically charge your credit card for the pre-selected denomination amount. The resulting payment is stored as an available balance on your account and deducted per order imported at the rate shown to you on your billing page. Once your available balance is low, we will automatically charge your credit card for the last selected denomination amount.

Refunds can only be issued on the available balance and will be issued to the original payment method.  Once issued, refunds can take up to 5 business days to show up on your credit card account.

Pricing

We will strive to keep pricing at the price advertised when you first started using SellerZen sites., however, we reserve the right to change prices.  If we do change prices, we will provide notice of the change on SellerZen sites or by email, at our discretion, at least 60 days before the price change goes into effect.  Your continued use of SellerZen sites after the price change becomes effective constitutes your agreement to pay for SellerZen products and services at the new price.

Advertising

You may advertise SellerZen sites so long as it follows our press guidelines.  However, you may not:

  1. Advertise SellerZen sites to promote any other services or products other than those offered by the SellerZen sites.
  2. Use data on SellerZen sites for the purpose of targeting advertisements.
  3. Use contact information obtained from SellerZen sites to contact users outside of SellerZen sites without their express written consent.

Security Measures

SellerZen sites use industry standard practices and all reasonably available precautions to safeguard your data.  SellerZen sites use SSL encryption for web pages and two-factor authentication for logins.  You may not use SellerZen’s two-factor authentication for any purpose other than to log into SellerZen sites.  We may limit your login attempts or lock out your account if multiple previous attempts were unsuccessful.  If you are unable to login and require us to grant you access, we reserve the right to do so on a case-by-case basis.

Text Messaging

SellerZen may use text messaging to contact you regarding your account. SellerZen does not charge for text messages sent; however, text messaging charges may apply for your service provider.

Disclaimer of Warranty, Limitation of Liability, Indemnity

No Warranties.  SellerZen sites are provided on an “as is” and “as available” basis without any warranties of any kind, and SellerZen expressly disclaims any and all warranties, whether express or implied, including, but not limited to, the implied warranties of merchantability, title, fitness for a particular purpose, and non-infringement.  You acknowledge that SellerZen does not warrant that SellerZen sites or any access or actions through third-party APIs will be uninterrupted, timely, secure, error-free or virus-free, nor does it make any warranty as to the results that may be obtained from the use of SellerZen sites, and no information, advice, or services obtained by you from SellerZen sites shall create any warranty not expressly stated in this TOS.

Limitation of Liability. Under no circumstances and under no legal theory (whether in contract, tort, or otherwise) shall SellerZen be liable to you or any third party for a) any direct, incidental, special, exemplary, consequential or punitive damages, including lost profits, lost sales or business, lost data, or b) for any amount in the aggregate in excess of the fees paid by you in the one (1) month preceding the event giving rise to your claim or, if no fees apply, one hundred ($100) U.S. dollars or c) any matter beyond our reasonable control.  The provisions of this section allocate the risks under this TOS between the parties, and the parties have relied on these limitations in determining whether to enter into this TOS.  Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you.  In these jurisdictions, SellerZen’s liability will be limited to the greatest extent permitted by law.

Indemnity. You agree to defend, hold harmless and indemnify SellerZen, and its subsidiaries, affiliates, officers, agents, employees, and suppliers, from and against any third party claim arising from or in any way related to your or your users’ use of SellerZen sites, use of SellerZen brand, use of any third party APIs you grant us to use, or violation of this TOS, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgements, litigation costs and attorneys’ fees, of every kind and nature.  In such a case, we will provide you with written notice of such claim, suit, or action.

Dispute Resolution. SellerZen TOS and any claim, cause of action or dispute (“Claim”) arising out of or related to this TOS shall be governed by the laws of the state of California, United States, regardless of your country of origin or where you access SellerZen sites, and notwithstanding any conflicts of law principles and the United Nations Convention for the International Sale of Goods.  You and SellerZen agree that all Claims arising out of or related to this TOS, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgement on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.  The venue for any Claims shall be in the county of Orange, California.  If no such venue exists, then the nearest venue to Orange, California shall be selected.

General Legal Terms

Severability. If any provision of this TOS is found to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable to the maximum extent possible in order to effect the intention of the provision.  If a term cannot be so modified, it will be severed and the remaining provisions of this TOS will not be affected in any way.

Entire Agreement. This TOS and any documents incorporated into this TOS by reference, constitute the entire agreement between you and SellerZen regarding the SellerZen sites and supersede all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this TOS.

No Informal Waivers, Agreements, or Representations. Our failure to act with respect to a breach of this TOS by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches.  No representations, statements, consents, waivers or other acts or omissions by any SellerZen affiliate shall be deemed legally binding on any SellerZen affiliate unless documented in a physical writing hand signed by a duly appointed officer of SellerZen.

Injunctive Relief. In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of SellerZen sites, or other material used or displayed through SellerZen sites.

Assignment and Delegation. You may not assign or delegate any rights or obligations under this TOS, including in connection with a change of control.  Any purported assignment and delegation shall be ineffective.  We may freely assign or delegate all rights and obligations under this TOS, fully or partially without notice to you.  We may also substitute, by way of unilateral novation, effective up notice to you, SellerZen for any third party that assumes our rights and obligations under this TOS.

Potential Other Rights and Obligations

You may have rights or obligations under local law other than those enumerated here if you are located outside the United States.

How To Contact Us

If you have questions or comments about this TOS, or wish to make use of SellerZen sites in any way not permitted by this TOS, please contact us via email at [email protected]