These Terms of Service (“Terms”) govern your access to and use of the websites, applications, APIs, and related services (collectively, the “Services”) provided by SellerAxis, Inc. (“SellerAxis”, “we”, “us”, or “our”). By accessing or using the Services you agree to be bound by these Terms.
1. Acceptance of Terms
By registering for, accessing, or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you are using the Services on behalf of an organization, you represent that you are authorized to bind that organization to these Terms.
2. Eligibility
You must be at least 18 years old and capable of entering into a binding contract to use the Services. The Services are intended for business use by sellers, merchants, and their authorized personnel.
3. Accounts and Security
You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. You agree to provide accurate information and to notify us promptly of any unauthorized access or use.
4. The Services
SellerAxis provides commerce operations tooling including, without limitation, order management, catalog management, retailer integrations, shipping, and related workflows. We may update, modify, or discontinue features of the Services from time to time.
5. Acceptable Use
You agree not to, and not to permit any third party to:
- Use the Services in violation of any applicable law or regulation;
- Infringe the intellectual property or other rights of any party;
- Upload malicious code or interfere with the integrity of the Services;
- Attempt to reverse engineer, decompile, or gain unauthorized access;
- Use the Services to send unsolicited communications or engage in abusive conduct;
- Resell, sublicense, or make the Services available to unauthorized users.
6. Customer Data
You retain all rights in the data you submit to the Services (“Customer Data”). You grant SellerAxis a limited, worldwide license to host, process, and transmit Customer Data solely to provide and improve the Services. You are responsible for the lawful basis for providing Customer Data to us.
7. Fees and Payment
Paid features of the Services are billed according to the plan you select. Fees are non-refundable except as expressly stated. You authorize us or our payment processor to charge your designated payment method on the agreed schedule. Overdue amounts may accrue interest at the lesser of 1.5% per month or the maximum permitted by law.
8. Intellectual Property
The Services, including all software, content, trademarks, and related intellectual property, are owned by SellerAxis or its licensors. Except for the limited rights expressly granted in these Terms, no rights are granted to you.
9. Confidentiality
Each party agrees to protect the other’s non-public information disclosed in connection with the Services using the same degree of care it uses for its own confidential information (and no less than reasonable care), and to use such information only as necessary to perform under these Terms.
10. Term and Termination
These Terms remain in effect until terminated. Either party may terminate for the other party’s material breach that remains uncured 30 days after notice. Upon termination, your right to use the Services ceases, and we may delete Customer Data in accordance with our retention policies.
11. Disclaimers
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL SELLERAXIS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, OR DATA. OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS WILL NOT EXCEED THE AMOUNTS PAID BY YOU TO SELLERAXIS FOR THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
13. Indemnification
You agree to defend, indemnify, and hold harmless SellerAxis and its affiliates, officers, directors, employees, and agents from any claims, damages, and expenses arising out of your use of the Services, your Customer Data, or your breach of these Terms.
14. Governing Law and Dispute Resolution
These Terms are governed by the laws of the State of Delaware, without regard to its conflict of laws principles. The parties consent to the exclusive jurisdiction of the state and federal courts located in Delaware for any disputes arising under these Terms, except either party may seek injunctive relief in any court of competent jurisdiction.
15. Changes to the Terms
We may revise these Terms from time to time. Material changes will be announced by updating the “Last updated” date and, where appropriate, by additional notice. Continued use of the Services after changes become effective constitutes acceptance.
16. Contact
Questions about these Terms can be sent to support@selleraxis.com.