Terms of Service

Before using the services provided by Maxmerce ("Services"), please carefully read these Terms of Service (the "Agreement"). By accessing our website, mobile application, or otherwise using our Services, you acknowledge that you have read, understood, and agree to be bound by this Agreement, our Privacy Policy, and any other applicable policies or guidelines published in connection with the Services. If you do not agree to these terms, please do not use our Services.

In this Agreement, "Company," "We," or "Our" refers to Company Name.

1. Account Access

You must be at least 18 years old to use our website and/or any other Services. By using our Services, you represent and warrant that you meet this requirement.

In order to access most features of our Services, you must register or create an account. When creating an account, you agree to provide accurate, complete, and up-to-date information, and to update such information as necessary.

We may, at our sole discretion, allow you to log in to our Services via third-party authentication services (the “Third Party Platforms”). You acknowledge that these Third Party Platforms are operated by independent entities over which we have no control. Use of a Third Party Platform is subject to its own privacy policies and terms of service.

You are solely responsible for all activities that occur under your account, and you agree to safeguard your account credentials. In the event you become aware of any unauthorized access or any security breach related to your account, you must immediately notify the Company. While the Company is not liable for any losses arising from unauthorized use of your account, you may be held responsible for any losses incurred by the Company or third parties due to such unauthorized use.

2. Subscription and Payment

Subscription

If you purchase a subscription to our Services, you agree that your subscription will automatically renew for the period specified on the subscription page, and your designated payment method will be charged the applicable fees and taxes at the beginning of each renewal period. You may cancel or downgrade your subscription at any time for any reason. To avoid future charges, you must cancel or modify your subscription before the renewal date. Upon cancellation, you will continue to have access to the Services until the end of the then-current subscription period.

Payment Authorization

By providing payment information and submitting a payment authorization through our Services, you authorize the Company to charge the applicable fees to your designated account.

Refund Policy

If you terminate the Services within 7 days of your initial purchase, you are entitled to a full refund. No refunds will be issued for any renewals or for any portion of an unused subscription period, except as expressly provided herein.

Fee Changes

The Company reserves the right to modify subscription fees at any time. Any fee changes will take effect at the end of the then-current subscription period. We will provide you with reasonable advance notice of any changes to the subscription fees so that you may terminate your subscription prior to the effective date of the new fees. Your continued use of the Services after the fee change becomes effective constitutes your acceptance of the modified fees.

3. Scope of Service Usage

Permitted Uses

You may use the Services solely for internal business purposes and only in accordance with all applicable laws and the documentation and instructions provided by us.

Prohibited Conduct

Without limiting the foregoing, you shall not:

  • Engage in any illegal activities or promote illegal activities;
  • Include or install any virus, worm, malware, Trojan horse, or other harmful component intended to damage, impair, or disable any software, hardware, or telecommunication device, or to gain unauthorized access to data or information of any third party;
  • Infringe upon the proprietary rights of any party, including but not limited to patents, trademarks, trade secrets, copyrights, or publicity rights;
  • Impersonate any person or entity, including the Company or its employees or representatives;
  • Reverse engineer, decompile, disassemble, translate, exploit, or otherwise attempt to derive the source code or underlying structure of the Services;
  • Directly or indirectly resell or otherwise use any portion or access to the Services for commercial purposes;
  • Access (or attempt to access) the website by any automated means (e.g., scripts or web crawlers);
  • Create derivative works based on any portion or the entirety of the Services;
  • Use false email addresses, impersonate others, forge email headers, or otherwise disguise the origin of communications or misrepresent the source of information provided via the Services;
  • Attempt to obtain unauthorized access to the Services or any information therein by any means, including password mining;
  • Describe the Services in any false, misleading, disparaging, or offensive manner;
  • Post or transmit any information that is illegal, fraudulent, defamatory, disparaging, obscene, pornographic, vulgar, sexually explicit, blasphemous, threatening, abusive, hateful, or otherwise objectionable.

Confidentiality

You agree to protect our Confidential Information with at least the same level of care that you use to protect your own confidential information, but in no event less than a reasonable standard of care. “Confidential Information” includes the Services, related documentation, and any information related to the Services or its operation, or any other information that a reasonable person would consider confidential or proprietary. Upon termination of this Agreement, you agree to promptly return or destroy all such Confidential Information.

4. Third-Party Content and Services

Authorization

The Services may integrate and/or interact with third-party platforms via APIs or browser extensions. For example, the Services may leverage APIs from Amazon.com, eBay.com, Walmart.com, Shopify.com and/or their affiliates, and/or use Google Chrome browser extensions. We have no affiliation with, or control over, these Third Party Platforms. You are responsible for reviewing and complying with the terms of service for any third-party services ("Third Party Terms"), and you acknowledge that we are not a party to, nor do we control, such terms.

Without limiting the foregoing, you acknowledge and agree that, in order for the Services to function in conjunction with certain Third Party Platforms (e.g., Amazon, Walmart, eBay, Shopify), you must grant us permission to access your respective third-party accounts. By integrating such Third Party Platforms with your account, you authorize us to access, collect, analyze, and use data collected via these platforms, including, without limitation, customer data. You represent that you have the right to access the applicable Third Party Platforms and that you are either the owner or an authorized user of the accounts you authorize us to integrate. You further acknowledge that we neither own nor operate these Third Party Platforms and shall not be responsible for their operation, security, or performance.

Certain content on the Services may be provided by third parties. Any services, offers, or other information provided by third parties (including other users) belong solely to the respective authors or distributors, and not to us. Any communications or transactions between you and such third parties, including the delivery or payment for products or services, are solely between you and the third party, and we shall not be responsible for the accuracy, reliability, or outcome of such dealings.

Business Data

You hereby grant us the right to use data that you have authorized us to access for the purpose of providing, enhancing, and improving our Services, gathering market insights, forecasting outcomes, and other business purposes. Such data may include, but is not limited to, sales data, pricing information, shipping fees, and other similar information, or any other information provided in connection with the Services. For clarity, such information shall not be deemed confidential or personal information under this Agreement. You represent and warrant that you possess all necessary rights, consents, and approvals to grant us such access and use of the data. Subject to your grant of a non-exclusive license to use the data (including the rights to copy, reproduce, modify, adapt, publish, and display such data, including data obtained from Third Party Platforms for providing Service functionality), you retain all rights in the data.

Your Customer Data

Unless otherwise provided in this Agreement, we will collect and process your customer data solely for providing the features and functionalities of the Services. Under no circumstances will we sell your customer data or use it for marketing or promotional purposes. All collection, use, and processing of your customer data shall comply with all applicable laws, rules, and regulations. We will implement and maintain commercially reasonable administrative, physical, and technical safeguards to protect the security, confidentiality, and integrity of your customer data; however, you acknowledge that no method of information transmission over the Internet is completely secure. We will maintain security incident management policies and, to the extent permitted by law, promptly notify you of any unauthorized access or disclosure of your customer data. We will use reasonable efforts to identify and remedy any actual or reasonably suspected security breach.

Notwithstanding the foregoing, you agree that we may use your customer data in aggregated and anonymized form for general statistical analysis, service improvement, and to produce reports, evaluations, benchmarking tests, studies, and other related outputs; however, without your prior written consent, we shall not distribute any aggregated data that could reasonably be used to identify your customers.

In addition, you expressly represent and warrant that all of your customer data has been collected and provided by you in accordance with our Privacy Policy, applicable Third Party Terms, and all applicable laws.

5. Limitation of Liability

In no event shall we or our affiliates be liable for any indirect, incidental, consequential, or special damages, or for any loss of profits arising out of business interruption or from any loss or inaccuracy of information—even if advised of the possibility of such damages.

Our aggregate liability to you for any claims arising out of or related to this Agreement or the Services shall in no event exceed the total fees you have paid to us during the twelve (12) months preceding the date of any claim. You acknowledge that this limitation is an essential term of our provision of the Services and that, absent such limitation, we would not provide the Services.

If you violate any provision of this Agreement or engage in any conduct that harms our interests, we reserve the right to immediately terminate or suspend your account and access to our Services without further notice.

If you are alleged to have infringed upon the rights of us, our affiliates, or any of our respective employees or directors, we reserve the right to pursue claims and seek appropriate compensation.

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including without limitation acts of God, governmental actions, fire, riots, war, embargoes, Internet disruptions, hacker attacks, or communication failures (collectively, “Force Majeure”).

6. Amendment of Terms

Modification of the Agreement

We reserve the right to modify these Terms at any time. In the event of any modifications, we will provide you with advance notice by posting a notice on our website and/or sending you an email. Any such modifications shall become effective either upon your receipt of notice or when posted on the Services, whichever occurs first. If you do not agree to any such modifications, your sole recourse is to terminate this Agreement. Your continued use of the Services after notice of modifications constitutes your acceptance of the revised Terms.

Service Changes

We also reserve the right, at any time and with or without notice, to modify or discontinue the Services, including without limitation adding or removing features, functionalities, or third-party content. Your continued use of the Services after any such modifications will be deemed acceptance of the revised Services.

7. Ownership

We retain all right, title, and interest in and to the Maxmerce Services and all related content, including but not limited to:

  • Software, tools, and code;
  • Trademarks, logos, graphics, and the overall design of the Services (including the “look and feel”); and
  • Any other proprietary information or materials.

You acknowledge and agree that all such content is our exclusive property and is protected by applicable law.

8. Compliance with U.S. Laws

You represent and warrant that:

(i) You are not located in any country subject to a U.S. government embargo or designated by the U.S. government as a “terrorist-supporting” country; and

(ii) You are not listed on any U.S. government list of prohibited or restricted parties.

You further agree not to access or use any information or materials from the Services in violation of U.S. export laws or the laws of your country.

9. Contact Us

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