Last modified: October 7, 2016
These Terms remain in full force and effect while you use the Services. We may terminate your account at any time and for any reason, and we may refund you a pro-rated portion of any plan prepayment, at our sole discretion. All provisions of the Terms shall survive termination by either party, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
By accessing or using any of the Services, you warrant and represent that you are at least thirteen (13) years old and with the full authority, right, and capacity to agree to the Terms as a binding contract and abide by all of the terms and conditions of the Terms.
We may revise and update the Terms from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Services thereafter.
Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.
Accessing the Services and Account Security
We reserve the right to withdraw or amend the Services, and any service or material we provide as part of the Services, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services, or the entire Services.
Interactions with Amazon
The Services depend on our ability to review your current or planned advertising campaigns and sales on Amazon’s website. Therefore, in order to use the Services you are required to sign in to your Amazon seller’s account through our website, thereby giving us permission to access your advertising data, including all sales transactions, and view and make changes to your advertising campaigns. Additionally, all subscription payments are processed through Amazon’s payment portal. We are not responsible for Amazon’s website, payment portal, or your Amazon account, which are governed by Amazon’s own terms and policies.
We perform the Services by using proprietary software that can help optimize a seller’s Amazon advertising campaigns. You agree that by signing up for the Services, we may make any and all changes to your advertising campaigns in Amazon, at any time and for any reason, until you cancel your subscription to the Services. However, we do not make any guarantees about the effects or usefulness of the Services, including whether our changes to your advertising campaigns will be successful or generate additional revenue for you, and your use of the Services is entirely at your own risk. This is because ultimately Amazon sales are determined by the effectiveness of your product and Amazon listing, which we have no control over. You are solely responsible for all fees charged by Amazon related to advertising or selling on its website..
Fees and Payments
The Services are offered pursuant to a subscription plan. We reserve the right to modify our fee structure at any time and without advanced notice. Payments for the subscription are due prior to the start of the new term. You must cancel your subscription at least 24 hours prior to the start of the new term or you may be charged for the next term. Refunds will not be given once payment has been made, except at our sole discretion.
As long as you are subscribing to our Services or have an outstanding balance with us, you must provide us with a valid payment source that you are authorized to use and authorize us to deduct the due charges against that payment source. If, for some reason, we are unable to process your payment, we’ll try to contact you by email so you may provide us with an alternate payment source. Failure to perform payment shall construe as material breach of these Terms and we may cancel your subscription immediately.
Intellectual Property Rights
The Services and all related contents, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof), are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
The Company name and logo, and all related names, logos, product and service names, designs, and slogans are the property of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.
You may use the Services only for lawful purposes and in accordance with the Terms. You agree not to use the Services:
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
- To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.
- In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
Additionally, you agree not to:
- Use the Services in any manner that could disable, overburden, damage, or impair the Services or interfere with any other party’s use of the Services.
- Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services.
- Use any manual process to monitor or copy any of the material on the Services or for any other unauthorized purpose without our prior written consent.
- Use any device, software, or routine that interferes with the proper working of the Services.
- Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services is stored, or any server, computer, or database connected to the Services.
- Take any action that may damage or falsify the Company or Services rating.
- Otherwise attempt to interfere with the proper working of the Services.
Users Outside the U.S.
The Services is controlled and operated from the United States and is subject to its laws. If you choose to access the Services outside of the United States, you do so at your own risk and are responsible for complying with all applicable laws, rules, and regulations.
Disclaimer of Warranties
YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, I NCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS, OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT YOU HAVE PAID TO THE COMPANY FOR THE APPLICABLE SERVICES IN THE LAST 12 MONTHS OUT OF WHICH LIABILITY AROSE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of the Terms or your use of the Services.
Governing Law and Jurisdiction
All matters relating to the Services and the Terms shall be governed by the internal laws of the State of California without giving effect to any choice or conflict of law provisions or rules
At Company’s sole discretion, it may require you to submit any disputes arising from the use of the Terms or the Services, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying California law.
Waiver and Severability
Our failure to exercise or delay in exercising any right, power, or privilege under the Terms shall not operate as a waiver; nor shall any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof.
Any provision of the Terms which imposes an obligation after termination or expiration of this agreement shall survive the termination or expiration of this agreement.
Your Comments and Concerns
The Services are provided by MetaMuse Labs LLC.
All feedback, comments, requests for technical support and other communications relating to the Services should be directed to: [email protected].