Terms of Use

Last Updated: March 23, 2024

These Terms of Use (the "Agreement") govern Customer's receipt, access to and use of the Seller Fetch service (the "Service") provided by Seller Fetch ("Company"). By purchasing access to the Service, signing up for a free trial of the Service, or otherwise accessing or using the Service, Customer agrees to be bound by the terms of this Agreement.

If you are accepting this Agreement on behalf of a company or other legal entity ("Customer"), you represent that you have the authority to bind such entity to this Agreement. If you do not have such authority, or if Customer does not agree with these terms, you must not accept this Agreement and may not use the Service.

1.The Service
1.1 Service Description
Company is the provider of Seller Fetch, a cloud-based analytics dashboard for ecommerce businesses (the "Service"). Customer is solely responsible for all data and content it contributes to the Service ("Customer Data").
1.2 Customer's Subscription
Subject to the terms of this Agreement, Customer has the right to access and use the Service as specified in one or more ordering pages on the Seller Fetch website that describe the business terms related to Customer's subscription ("Order(s)"). Use of the Service is permitted only by Customer and for Customer's own business purposes.
1.3 Company's Ownership
Company owns the Service and all related intellectual property. There are no implied licenses under this Agreement and any rights not expressly granted to Customer are reserved by Company.

2.Restrictions
2.1 Customer's Responsibilities
Customer is responsible for all activity on its accounts. Customer will ensure its users are aware of and comply with this Agreement.
2.2 Use Restrictions
Customer will not (a) modify, copy or create derivative works of the Service; (b) reverse engineer or access the Service to build a competing product or service; (c) circumvent the security of the Service; (d) use the Service for any unlawful purpose; (e) transmit viruses or malicious code; (f) attempt to gain unauthorized access to or disrupt the integrity of the Service or its data; (g) use the Service to infringe the intellectual property rights of any third party; or (h) use the Service to transmit or store any hateful, harassing, racist, or otherwise objectionable content.

3.Fees & Payment
3.1 Fees. Customer will pay the fees specified in the applicable Order. Company may modify its fees for the Service in its discretion. 3.2 Payments. Company will charge Customer's selected payment method. Customer authorizes Company to charge such payment method for any fees when due. 3.3 Taxes. Customer is responsible for all sales, use and other taxes associated with its subscription, other than taxes based on Company's net income.

4.Term & Termination
4.1 Term
This Agreement will commence on the start date of Customer's subscription and continue until all Order terms have expired or the Agreement is terminated.
4.2 Termination for Cause
Either party may terminate this Agreement upon written notice if the other party materially breaches the Agreement and fails to cure such breach within 30 days. Company may terminate or suspend Customer's access to the Service immediately for any violation of Section 2.2.
4.3 Effect of Termination
Upon termination, Customer's right to access and use the Service will terminate. Customer remains responsible for all fees incurred through the termination date. Company will delete Customer Data within 30 days after termination.

5.Warranty Disclaimer
THE SERVICE IS PROVIDED "AS IS". EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, COMPANY MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

6.Limitation of Liability
IN NO EVENT WILL COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF REVENUE OR PROFITS, ARISING OUT OF OR RELATED TO CUSTOMER'S USE OF THE SERVICES OR THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR OTHERWISE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, COMPANY'S AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED THE AMOUNT PAID BY CUSTOMER TO COMPANY HEREUNDER IN THE 12 MONTHS PRECEDING THE INCIDENT GIVING RISE TO THE CLAIM.

7.Indemnification
Customer will indemnify, defend and hold harmless Company from any third party claims arising out of Customer's use of the Service or violation of this Agreement, including any claims that Customer Data infringes a third party's intellectual property rights. Company will promptly notify Customer of any claim and cooperate in defending the claim. Customer will reimburse Company's reasonable expenses incurred in providing any such cooperation.

8.General Terms
8.1 Entire Agreement
This Agreement constitutes the entire agreement between the parties and supersedes any prior or contemporaneous agreements relating to the subject matter.
8.2 Governing Law
This Agreement is governed by the laws of the United Kingdom, without regard to conflicts of law principles.
8.3 Relationship of Parties
The parties are independent contractors. This Agreement does not create a partnership, joint venture or agency relationship between the parties.
8.4 Modification
Company may modify this Agreement from time to time by posting the revised terms on its website with notice to Customer. Continued use of the Service after the effective date of revised terms constitutes acceptance of the revised terms.
8.5 Assignment
Neither party may assign this Agreement without the prior written consent of the other party, except that Company may assign this Agreement without consent in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets.