Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and SellerSmart ("Company", "we", "our", or "us") governing your access to and use of our website, platform, and services (collectively, the "Service").

By accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you are using the Service on behalf of a business or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms.

If you do not agree to these Terms, you must not access or use the Service.

2. Description of Service

SellerSmart provides a software platform designed to assist online marketplace sellers with analytics, reporting, inventory management, and business optimisation. The Service integrates with third-party marketplace platforms to retrieve and analyse your seller data.

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.

3. Account Registration

To access the Service, you must create an account. By registering for an account, you agree to:

  • Provide accurate, current, and complete information during registration
  • Maintain and promptly update your account information as necessary
  • Maintain the confidentiality and security of your account credentials
  • Accept full responsibility for all activities that occur under your account
  • Notify us immediately of any unauthorised access to or use of your account

You must be at least 18 years of age to create an account and use the Service. We reserve the right to refuse service, terminate accounts, or remove content at our sole discretion.

4. Third-Party Marketplace Integration

The Service enables you to connect your third-party marketplace accounts. By authorising such connections, you:

  • Grant us permission to access, retrieve, and process data from your connected marketplace accounts as necessary to provide the Service
  • Represent and warrant that you have the authority to grant such access and that doing so does not violate any agreement with the applicable marketplace
  • Agree to comply with all applicable terms of service and policies of the connected marketplaces
  • Acknowledge that we are not affiliated with, endorsed by, or sponsored by any third-party marketplace

You may revoke access to your marketplace accounts at any time through the respective marketplace settings. Revocation of access may limit or disable certain features of the Service.

5. Subscription and Payment

5.1 Subscription Plans

Access to the Service is provided on a subscription basis. Various subscription plans are available, each offering different features and usage allowances. Current pricing and plan details are published on our website.

5.2 Billing and Payment

Subscription fees are billed in advance on a recurring basis (monthly or annually, depending on your selected plan). By subscribing, you authorise us to charge your designated payment method on a recurring basis until you cancel your subscription. All fees are exclusive of applicable taxes unless otherwise stated.

5.3 Free Trials

We may offer free trial periods at our discretion. At the conclusion of a trial period, your subscription will automatically convert to a paid subscription unless you cancel prior to the end of the trial.

5.4 Cancellation

You may cancel your subscription at any time through your account settings. Cancellation will take effect at the end of the current billing period. No refunds or credits will be provided for partial subscription periods, except as required by applicable law.

5.5 Price Changes

We reserve the right to modify our pricing at any time. We will provide at least thirty (30) days' prior notice before any price increase takes effect for existing subscribers.

6. Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You shall not:

  • Use the Service in any manner that violates any applicable law or regulation
  • Attempt to gain unauthorised access to the Service, other accounts, or any related systems or networks
  • Interfere with or disrupt the integrity, security, or performance of the Service
  • Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Service
  • Resell, sublicense, lease, or otherwise transfer your access to the Service without our prior written consent
  • Use any automated means, including scripts, bots, or scrapers, to access the Service except as expressly permitted
  • Circumvent any rate limits, usage restrictions, or security measures implemented in the Service
  • Use the Service in any manner that could damage, disable, overburden, or impair our infrastructure
  • Share your account credentials with third parties or allow multiple individuals or businesses to access the Service through a single account (each subscription is for a single user or business entity only)
  • Use a single account to manage marketplace data for multiple unrelated businesses or resell access to your account as a multi-tenant service

We monitor IP addresses and access patterns to detect violations of these terms, including unauthorised account sharing and multi-tenant usage. Violations may result in immediate termination of your account without refund.

7. AI Features and Chat Services

The Service may include artificial intelligence features, chatbots, and automated assistants ("AI Features"). By using AI Features, you agree to the following:

  • You shall not attempt to bypass, manipulate, or exploit AI Features to perform functions outside their intended purpose
  • You shall not use prompt injection, jailbreaking techniques, or other methods to circumvent AI safety measures or restrictions
  • You shall not use AI Features to generate harmful, illegal, misleading, or malicious content
  • You acknowledge that AI Features may produce inaccurate or incomplete information and should not be relied upon as the sole basis for business decisions

All interactions with AI Features, including chat logs and conversation history, are recorded and stored for security monitoring, service improvement, and AI training purposes. By using AI Features, you consent to such recording and use of your interactions.

8. Intellectual Property

The Service, including all content, features, functionality, software, and documentation, is owned by SellerSmart or its licensors and is protected by copyright, trademark, patent, trade secret, and other intellectual property laws.

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Service solely for your internal business purposes.

You retain all ownership rights in your data. By using the Service, you grant us a limited licence to access, process, and display your data solely for the purpose of providing the Service to you.

9. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

Without limiting the foregoing, we do not warrant that:

  • The Service will be uninterrupted, timely, secure, or error-free
  • The results obtained from the Service will be accurate, reliable, or complete
  • Any errors or defects in the Service will be corrected

You acknowledge that data retrieved from third-party marketplaces may be delayed, incomplete, or inaccurate, and we are not responsible for such data quality issues.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SELLERSMART, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SERVICE.

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS PAID BY YOU TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED POUNDS STERLING (£100).

The limitations in this section apply regardless of the theory of liability, whether based on contract, tort, negligence, strict liability, or any other basis, even if we have been advised of the possibility of such damages.

11. Indemnification

You agree to indemnify, defend, and hold harmless SellerSmart and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or relating to: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any rights of a third party; or (d) your data or content.

12. Termination

We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason, including, without limitation, if you breach these Terms.

Upon termination, your right to use the Service will cease immediately. All provisions of these Terms which by their nature should survive termination shall survive, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

13. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of England and Wales, without regard to conflict of law principles.

Any dispute arising out of or relating to these Terms or the Service shall be subject to the exclusive jurisdiction of the courts of England and Wales. You irrevocably consent to the personal jurisdiction of such courts.

14. General Provisions

14.1 Entire Agreement

These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and SellerSmart regarding the Service and supersede all prior agreements and understandings.

14.2 Severability

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall continue in full force and effect.

14.3 Waiver

No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

14.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction.

15. Changes to These Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website. Your continued use of the Service following the posting of revised Terms constitutes your acceptance of such changes.

16. Contact Us

If you have any questions regarding these Terms, please contact us at support@sellersmart.io.