1. Scope and Applicability
    1. SellerLegend Limited (“SellerLegend”) develops and runs data analysis software (“Software”), for use by Amazon Marketplace sellers. The Software assists the SellerLegend subscribers (“Subscribers”) in making sound business decisions based on a proprietary representation of the Subscriber’s sales data collected from Amazon. SellerLegend offers Subscribers access to its web application (“Application”), which allows Subscribers to access and use the Software as a service.
    2. SellerLegend provides its services exclusively on the basis of these Terms Of Service (“TOS”) and the individual contracts entered into with the Subscribers by means of the SellerLegend website.
    3. These TOS are subject to the laws of England and Wales.
  2. Services Offered
    1. The Services entail the downloading of the Subscriber’s Amazon SellerCentral data and the presentation of information and statistics about the Subscriber’s Amazon orders, products, and customers.
    2. SellerLegend provides the Subscriber access to a transactional web-based software to manage your Amazon business, as well as a website where features, benefits, and costs of the software are described.
    3. Details on the prices, the term of the agreement and the scope of the access to the Application granted to the Subscriber are agreed in the individual contract concluded between the parties.
    4. The general service features, the current descriptions and specifications of the Software, as well as the applicable price list can be found on the SellerLegend website. SellerLegend Limited does not commit to any additional specifications other than those expressly shown on their website.
    5. Access to the Application and the Software is provided in the form of “Software As A Service” over the Internet. There are no standalone applications forming part of the Platform.
    6. Subscribers may create their own user account for the use of the Application (“Customer Account”). The contractual provision of the Service will be granted by the Subscriber’s use of the Customer Account to access the Service.
    7. SellerLegend retains the right to enhance, change, adapt and otherwise modify the Application in whichever way it chooses. Such enhancements and modifications may be made available to Subscribers at no additional cost. However, SellerLegend retains the right to charge for such improved services if and when they choose to do so. SellerLegend retains the right to remove functionality for any reason without an obligation to adjust the subscription fee accordingly.
    8. Many Software features are dependent on data provided by Amazon through their public MWS APIs. As SellerLegend does not control the data provided by Amazon, SellerLegend does not guarantee that the Software will consistently provide correct results.
  3. Subscriber Obligations
    1. The Subscriber warrants that the information provided by him/her during the creation of his account is accurate and complete. The Subscriber shall update their profile data immediately in case of any changes.
    2. The Subscriber shall provide current, complete, accurate information upon registration. The Subscriber shall further update and keep such information current as needed in the ‘Profile’ section. The Subscriber is solely responsible for maintaining the confidentiality of the Subscriber’s password and account information. The Subscriber will immediately notify SellerLegend of any unauthorized account activity, or any unauthorized use of Subscriber’s email list(s) or any other breach of security known to the Subscriber.
    3. Users of Guest Accounts created by the Subscriber will be instructed accordingly by the Subscriber and are subject to the same confidentiality requirement.
    4. Passwords must be changed regularly, and at least once a quarter.
    5. The Subscriber accepts total liability if his/her account is breached due to insufficient or negligent measures with respect to login credentials security.
    6. The Subscriber shall refrain from taking any measures that could impair or endanger the stability and safety of the Application or any other SellerLegend systems or services.
    7. The Subscriber must at all times comply with the Amazon Terms and Code of Conduct for selling on the Amazon Marketplace. In some cases, the Application may allow the Subscriber to perform activities which are contrary to the Amazon Terms. It is the responsibility of the Subscriber to know and understand the Amazon Terms in such measure that he/she will realize that use of the Application in certain ways may cause Amazon to revoke Subscriber’s selling privileges. SellerLegend explicitly declines any liability in case the application is used against Amazon Terms.
    8. The Subscriber must not do or attempt to do anything: that is unlawful; prohibited by any laws applicable to our Platform; which we would consider inappropriate; or which might bring us or our Platform into disrepute, including (without limitation):
      1. anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual’s consent) or any other legal rights;
      2. using our Platform to defame, harass, threaten, menace or offend any person;
      3. interfering with any Subscriber using our Platform;
      4. tampering with or modifying our Platform, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Platform, including (without limitation) using trojan horses, viruses or piracy or programming routines that may damage or interfere with our Platform;
      5. using our Platform to send unsolicited email messages; or
      6. facilitating or assisting a third party to do any of the above acts.
      7. violate others’ copyright
      8. send a communication to SellerLegend that is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, racist, obscene, profane, or otherwise objectionable as determined by SellerLegend staff
      9. reverse engineer SellerLegend
      10. impersonate SellerLegend administrators
      11. use SellerLegend to create a Denial of Service (DoS) attack
  4. Data Access and Data Accuracy
    1. The Subscriber will provide SellerLegend with all data necessary for the performance of the services as contractually agreed upon. Retrieval of the Subscriber’s Amazon data will be achieved by linking the Amazon account of the Subscriber (“Amazon Account”) to the Customer Account on the Application. This will grant the Software access to the data available on the Amazon Account and allow its analysis.
    2. The Subscriber must ensure that SellerLegend is granted all access rights required for this purpose.
    3. The Subscriber grants SellerLegend the necessary rights to use the data for the purpose of fulfilling the contract.
    4. Although SellerLegend makes every effort to ensure the accuracy of our Services, the SellerLegend services are provided on an “as is” basis.
    5. SellerLegend provides the Service without warranty nor any guarantee of fitness for a particular purpose. SellerLegend also offers no guarantees as to the completeness, quality, accuracy or suitability of the information provided by the Service or contained on this site, including the Service’s knowledgebase articles, resources, and other documentation.
  5. Availability
    1. Planned or unplanned maintenance may occur on the SellerLegend Platform at any time. In the case of scheduled maintenance, we will give all our Subscribers one week’s notice via our website homepage. In the case of unscheduled maintenance, we will post a notice on our website within a reasonable period to inform Subscribers of the cause of the unplanned maintenance and the mitigating actions we undertook to avoid recurrence of said cause.
    2. SellerLegend warrants a 99% annual average availability of the Application and other software-as-a-service services. This does not include times in which the Application or other 3rd party services are unreachable due to issues which are outside of SellerLegend’s control (e.g. force majeure or downtimes of required Amazon services).
    3. SellerLegend may restrict access to the Application and other services if the security and integrity of the Application are challenged. These times are also not taken into account in the calculation of the average availability.
  6. Term and Termination of Services
    1. The initial term of the agreement usually starts with a free trial period, the length of which is determined by SellerLegend at its sole discretion and can be changed without prior notification.
    2. The free trial period starts at the end of the Amazon data onboarding, which is usually between 24 to 72 hours after the Subscriber initiates the sign-up to the Service
    3. Upon completion of the free trial, the subscription fee for the first paid term will be automatically charged, unless the Subscriber cancels the account prior to the end of the trial.
    4. If the Amazon account has already enjoyed a previous free trial (in case of a repeat subscription), the subscription fee for the first paid term will be collected immediately.
    5. The initial term of the agreement is agreed in the individual contract concluded between the parties. The contract shall be automatically extended for another term with the same duration as the initial term if no party terminates the agreement before the expiry of the then-current term.
    6. If a Subscriber is found to be in violation of the TOS, SellerLegend, at its sole discretion, may revoke and cancel the Subscriber’s account.
    7. Non-payment of the Subscription fee after four consecutive attempts will be deemed sufficient reason for immediate account cancellation.
    8. Notice of Revocation will be sent to the account’s primary email address. The Subscriber is responsible for providing a working and current primary email address. The Subscriber has one week to appeal the account revocation. If no appeal is filed within one week, SellerLegend may, at its sole discretion, delete the Subscriber’s data and the Subscriber’s account.
    9. After termination of the contract, SellerLegend will delete the Subscriber’s data at any time without prior notice. It is the Subscribers responsibility to secure and backup his data prior to the termination of the contract.
  7. Payment Terms
    1. The use of SellerLegend’ services is subject to continuous charges as agreed in the individual contract or – if no such agreement has been made – according to the price list on SellerLegend’ website.
    2. SellerLegend’s price list is subject to change at any time without prior notice.
    3. All prices stated in the contract or in the price list are net prices and do not include the applicable statutory value-added tax as well as any other taxes and levies that may be incurred.
    4. Subscription fees will be automatically determined and adjusted by the Application based on the number of orders in the previous two months. The Subscription fee can increase or decrease according to the order thresholds specified in the SellerLegend pricing table.
    5. SellerLegend Subscription payments are due in advance.
    6. SellerLegend can send invoices to Subscribers by mail or upload them to the Customer’s Account on the Application as an electronic document.
    7. The Subscriber will be deemed to have defaulted payment when he does not settle the invoiced amount within 14 days after the receipt of the invoice.
  8. Copyright and License
    1. To the extent that the Subscriber settles the Subscription fees for the use of the Application in full and in advance, SellerLegend grants the Subscriber a non-transferable, revocable, limited, non-exclusive right to use the Platform within the scope of the contract and for the intended use of the Application.
    2. The Application may only be used for its Intended Use. Screen Scraping or accessing the application by any robots is strictly forbidden.
    3. SellerLegend reserves the right to restrict the Subscriber’s use of the Application with immediate effect in the event of misuse..
  9. Disclaimer of Warranty and Limitation of Liability
    1. The Subscriber shall notify SellerLegend immediately of any errors or other faults affecting proper use of the Application and shall provide SellerLegend with reasonable access to the data if such support is required for the rectification of a reported error or fault.
    2. SellerLegend do not provide any tax, accounting or legal advice regarding the Subscriber’s business decisions. Accordingly, SellerLegend does not accept any liability if the Subscriber makes adverse business decisions based on the data we provide.
    3. The Subscriber agrees that use of SellerLegend software and website is at the Subscriber’s sole risk. SellerLegend does not warrant that the utilization of the service will be uninterrupted or error-free. SellerLegend does not provide any guarantee as to the accuracy or reliability of the data presented by the Service, nor the accuracy of the of Amazon API calls made on the Subscriber’s behalf.
    4. Sellerlegend and/or its suppliers make no representations about the suitability, reliability, availability timeliness and accuracy of the information, software products and services for any purpose. To the maximum extent permitted by applicable law, all such information, software products and services are provided ‘as is’ without warranty or condition of any kind. SellerLegend Limited and/or its suppliers hereby disclaim all warranties and conditions about this information, software, products and services, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.Customer
    5. SellerLegend is not liable for any non-compliance by the Subscriber with Amazon Marketplace terms of service and guidelines.
  10. Jurisdiction
    1. The Terms and the relationship between the Subscriber and SellerLegend shall be treated as if entered into and executed in England and Wales and shall be governed and construed under the laws of England and Wales, without regard to conflict-of-law principles.
    2. The Subscriber agrees to submit to personal and exclusive jurisdiction and venue of the courts in the county of Warwickshire, UK.
    3. The failure of SellerLegend to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such a right or provision.
    4. SellerLegend makes no representation that the materials and content on SellerLegend or related services are appropriate or available for use in locations other that the EU, and accessing them from territories where their contents are illegal is strictly forbidden.
    5. Visitors and Subscribers who access the Services or sellerLegend.com from other locations do so on their own initiative and at their own risk and are responsible for compliance with local laws.
  11. Privacy and The GDPR
    1. Please consult our Privacy Policy
  12. Changes To The Terms Of Service
    1. The Terms are effective from May 25, 2018
    2. SellerLegend may update the Terms of Service from time to time. If we do so, we will post a notice on our homepage.
    3. Previous versions of the Terms will be superseded by the most current version.
  13. Contact Us

    SellerLegend will be happy to answer your questions or comments regarding the Terms Of Service Contact us at: SellerLegend Limited
    5 Masters Orchard
    Wattons Lane
    Southam
    CV47 0JD
    Warwickshire
    United Kingdom
    Email Address: support@sellerlegend.com