1. Scope and Applicability

1. SellerlLegend Limited (“SellerlLegend”) 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. SellerlLegend offers Subscribers access to its web application (“Application”), which allows Subscribers to access and use the Software as a service.
2. SellerlLegend 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 SellerlLegend 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 SellerlLegend 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. SellerlLegend 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 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 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 SellerlLegend 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 SellerlLegend 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 SellerlLegend is granted all access rights required for this purpose.
3. The Subscriber grants SellerlLegend 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 home page. 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. SellerlLegend 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. SellerlLegend 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, SellerlLegend 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 SellerlLegend’ 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 SellerlLegend’ 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. SellerlLegend 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, SellerlLegend 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. SellerlLegend 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 SellerlLegend immediately of any errors or other faults affecting proper use of the Application and shall provide SellerlLegend with reasonable access to the data if such support is required for the rectification of a reported error or fault.
2. SellerlLegend 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. SellerlLegend 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 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
SouthamCV47 0JD
Warwickshire
United Kingdom
Email Address: support@sellerlegend.com

PRIVACY NOTICE

 

Who We Are And What We Do

 

SellerLegend Limited (“SellerLegend”, “we” , “us” or “Company”) is a limited liability company based in the United Kingdom with headquarters at 5 Masters Orchard, Wattons Lane, Southam, Warwickshire, CV47 0JD. The Company develops SaaS applications for Amazon Sellers. This  means that we build web software that Amazon Sellers (our “Subscribers”) can use to access their Amazon sales data (our “Service”).

With our Subscribers’ authorization, we communicate with Amazon systems for the purposes of retrieving our Subscribers Amazon sales, inventory, products, shipments data as well as data about our Subscribers customers (“Amazon Buyers”).

Purpose Of This Privacy Policy

We are committed to respecting and protecting the privacy rights of our Subscribers, and we created this Privacy Policy to give you notice of how your private information will (and will not) be used by us. This Privacy Policy provides information on our policies and procedures regarding the collection, use and disclosure of personal information we receive from or about (1) Subscribers, (2) our Subscribers customers (“Amazon Buyers”), and (3) visitors who simply browse the our website (“Visitors”).

This Privacy Policy may be updated from time to time. We will notify you of any material changes by posting the new Privacy Policy on the Site. We will also display this Privacy Policy in our app upon login every time the Privacy Policy changes. You are advised to consult this policy regularly for any changes.

By using or accessing the Service in any manner, you acknowledge that you accept the practices and policies outlined in this Privacy Policy, and you hereby consent that we will collect, use, and share your information in the following ways.

For the purpose of data protection legislation, SellerLegend Limited is the Data Controller of the Subscriber’s personal information and the Data Processor of the Amazon Buyers personal information.

What information do we collect from you?

We will collect and process the following types of data about you:

Information you give us.

 

This is information about you that you give us by filling in forms on our site or by corresponding with us by phone, email or otherwise. The information you give us may include your name, address, email address and phone number and financial and fiscal information. Please make sure you keep this information up to date by using the profile facilities in the SellerLegend application.

 

Information we collect from your use of our site.

 

With regard to each of your visits to our site we will automatically collect the following information:

 

• Technical information, such as the Internet protocol (IP) address used to connect your device to the Internet,
• Whereabouts you connected to our service,
• Your internet service provider (ISP), and
• What type of device you are using to access our service;

 

Information we collect throughout our relationship.

 

This is information relating to your activities while using our Services, i.e. which security functions you perform (login, logout, change passwords, reset passwords, send invites to guests, which pages you access, and other similar functions) as well as which pages you access.

 

Information we receive from other sources.

 

We are working closely with other organisations, including Facebook, Twitter, Instagram and others. When you click on an advert about us or download from a social media site we may receive information about your profile and your expression of interest from those sources.

 

Why do we collect this information?

 

We use this information in the following ways:

Information you give to us or which we receive from other sources.

We use this information for the following purposes:

• If you contact us by email or by filling-out a registration form, we may keep a record of your contact information and correspondence, and may use your email address, and any information that you provide to us in your message, to respond to you.
• In order to take steps necessary to assess whether we can enter into a contract with you and in order to perform our contract with you. This includes carrying out our obligations to you and providing you with our, or a third party’s products and services;
• For the purpose of improving our service to you, to ensure that content from our site is presented in the most effective manner for you and for your device;
• To deal with any legal queries relating to your use of our service;
• To provide you with service communications so that we can perform our obligations to you. These may be sent by email. These will include notifications about changes to our service, event details and information about products that you have signed up to;
• To provide you with marketing communications including, with your permission, information about other goods and services we offer that are similar to those that you have already purchased or enquired about; or
• In our or a third party’s legitimate interests of keeping customers up to date with goods and services, increase awareness of us and third parties within the market, making promotional offers and generating new business, building and maintaining loyalty or market share.

Information we collect from your use of the site.

We will use this information for the following purposes:

• To administer our site and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
• To improve our site to ensure that content is presented in the most effective manner for you and for your device;
• As part of our efforts to keep our site safe and secure;
• To measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you;

 

Information we collect throughout our relationship.

We will use this information for the following purposes

• To help us provide you with our services.

 

How long do we keep hold of your information?

We will keep information about you for a maximum of 6 years after the end of our relationship with you unless obligations to our regulators or tax authorities require otherwise or we are required to remove such data from our records.

Who might we share your information with?

You agree that for the purposes set out in the ‘Why do we collect this information?’ section above, we have the right to share your personal information with:

 

Selected associated third parties, some of whom we appoint to provide services, including:

• Business partners, subsidiaries, affiliates, suppliers and sub-contractors for the performance of any contract we enter into with you;
• Analytics and search engine providers that assist us in the improvement and optimisation of our site;
• Customer survey providers in order to receive feedback and improve our services.
• Any member of our group, which means our subsidiaries.

Additionally, we will disclose your personal information to the relevant third party:

• In the event that we sell or buy any business or assets, in which case we will disclose your personal data to the prospective seller or buyer of such business or assets.
• if we are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.
• If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our terms of use and other agreements;
• To protect the rights, property, or safety of our customers, our regulator, or others.

How is your data stored and kept secure?  

SellerLegend operates or leases secure data networks and servers from Amazon Web Services located on the US west coast, as well as other reputable web hosting providers. These servers and networks are protected by industry standard firewall and password protection systems. Our security and privacy policies are periodically reviewed and enhanced as necessary, and only authorized individuals have access to the information provided by our Clients.

Notwithstanding such measures, we cannot guarantee that our security measures will be sufficient to prevent our computers from being illegally accessed, and the individual information on them stolen or altered.

 

We transfer personal data outside the EEA to the USA and Pakistan, but only to organisations who have either signed up to Privacy Shield or have other adequate safeguards in place.

Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

 

To the extent that you are accessing our application and website hosted the United States while domiciled outside of the United States, you acknowledge that the Personally Identifiable Information you are providing us may be collected and stored in the United States and elsewhere and therefore consent to the transfer of information to and storage of the information outside of your domiciled country.

 

To the extent that you are using our support and helpdesk system to obtain information or resolution of application issues, you acknowledge that the Personally Identifiable Information you are providing us may be transmitted to and viewed by our support staff in Pakistan and therefore consent to the transfer of information outside of your domiciled country.

Do You Disseminate Any Personal Information?

 

Service Providers

We may use third parties to help operate our website, authenticate users and deliver products and services, and may share your Personally Identifiable Information with our service providers, vendors, suppliers, and other third parties that provide products or services for or through this Service (such as website or database hosting companies, authentication providers, address list hosting companies, email service providers, analytics companies, distribution companies, credit card processors, helpdesk solution providers, tax management solutions, bookkeeping services, accountants and other similar service providers that use such information on our behalf). Unless otherwise stated, these companies do not have any right to use the Personally Identifiable Information we provide to them beyond what is necessary for them to assist us.

 

Aggregate Statistics

 

We may disclose aggregate statistics regarding user behavior as a measure of interest in, and use of our Service and e-mails to third parties in the form of aggregate data, such as overall patterns or demographic reports that do not describe or identify any individual user or Client.

 

Complying with Legal Process

 

SellerLegend reserves the right to use or disclose your Personally Identifiable Information and other information in response to court orders, warrants, or legal process, or to otherwise establish or exercise our legal rights or defend against legal claims or in the event you violate or breach an agreement with us. We may use and disclose your Personally Identifiable Information if we believe you will harm the property or rights of SellerLegend, its owners, or those of our other Clients.

 

Cookies And Tracking Technologies

 

General Use

 

We use cookies, tracking pixels and related technologies on our website. Cookies are small data files that are served by our platform and stored on your device. Our site uses cookies dropped by us or third parties for a variety of purposes including to operate and personalize the website. Also, cookies may also be used to track how you use the site to target ads to you on other websites.

 

Third Parties

 

Our website employs the use the various third party services. Through the use of our website, these services may place anonymous cookies on the Visitor's browser and may send their own cookies to the Visitor's cookie file. Some of these services include, but are not limited to: Google, Facebook, Twitter, Adroll, MailChimp, Sucuri, Intercom and other social networks, advertising agencies, security firewalls, analytics companies and service providers. These services may also collect and use anonymous identifiers such as IP Address, HTTP Referrer, Unique Device Identifier and other non-personally identifiable information and server logs.

 

You may opt-out from Google's cookies using their Ad Settings. You may also use the Network Advertising Initiative opt-out page to opt-out of some third party cookies.

What are your rights?

 

Where processing of your personal data is based on consent, you can withdraw that consent at any time.

 

You have the following rights. You can exercise these rights at any time by contacting us at the address below or through the “Contact Us” or Support sections of our Sites.

 

You have the right:

 

• To ask us not to process your personal data for marketing purposes. We will inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes;
• To ask us not to process your personal data where it is processed on the basis of legitimate interests, provided that there are no compelling reasons for that processing;
• To ask us not to process your personal data for scientific or historical research purposes, where relevant, unless the processing is necessary in the public interest.
• To request from us access to personal information held about you;
• To ask for the information we hold about you to be rectified if it is inaccurate or incomplete;
• To ask for data to be erased, provided that the personal data is no longer necessary for the purposes for which it was collected, you withdraw consent (if the legal basis for processing is consent), you exercise your right to object, set out below, and there are no overriding legitimate grounds for processing, the data is unlawfully processed, the data needs to be erased to comply with a legal obligation;
• To ask for the processing of that information to be restricted if the accuracy of that data is contested, the processing is unlawful, the personal data is no longer necessary for the purposes for which it was collected or you exercise your right to object (pending verification of whether there are legitimate grounds for processing);

Should you have any issues, concerns or problems in relation to your data, or wish to notify us of data which is inaccurate, please let us know by contacting us using the following contact details:

SellerLegend Limited
5 Masters Orchard
Wattons Lane

Southam CV47 0JD

Warwickshire

United Kingdom

 

In the event that you are not satisfied with our processing of your personal data, you have the right to lodge a complaint with the relevant supervisory authority, which is the Information Commissioner’s Office (ICO) in the UK, at any time.

 

Data Processing Agreement

 

If you are based in Europe and need standard contractual clauses signed to be able to use SellerLegend, please send us an email to support@sellerlegend.com stating your legal company name and address, and we will email you a document to sign with all the relevant details.

Changes To Our Privacy Notice

This Notice may be updated from time to time. Please check back frequently to see any updates or changes to our privacy notice.

 

History

 

Last Updated: May 24, 2018