Terms of Service
Welcome to SkuProfit, a provider of e-commerce data processing and analytical services. These Terms are intended to explain our obligations as the provider and your obligations as the Customer or user of the Service.
The Service will evolve over time based on user feedback and ongoing product development. These Terms are not intended to answer every question or address every issue raised by the use of the Service. SkuProfit reserves the right to change the Service and these terms at any time, effective upon the posting of modified terms to the Website, and SkuProfit will make every effort to communicate these changes to You via email or notification via the Website. It is likely these Terms will change over time. It is Your obligation to ensure that You have read, understood and agree to the most recent terms available on the Website.
Definitions
Confidential Information: Any non-public information that is exchanged between parties to this agreement. Information is no longer confidential if it becomes public knowledge or is disclosed by a method other than a breach of this clause.
Customer: he person or entity making this agreement with SkuProfit.
SkuProfit: SkuProfit LLC, A Delaware Limited Liability Company.
Third party: Anyone not party to this agreement. Employees and authorized users of the customer are not third parties and the customer is responsible for their adherence to these terms.
Use Of Software
SkuProfit allows customers to use its service with a level of access that may be broader or narrower depending on the roll which a particular user is assigned. This access and all rights associated with the use of SkuProfit software are non-transferable and subject to this agreement as well as all applicable law.
The user will initiate an account with SkuProfit by first signing into their Seller Partner Amazon account.
1. This initial account creator must have Admin access to the Amazon account, because they will, through Amazon’s sign in, grant SkuProfit permission to access to their Amazon Business and Settlement Reports.
2. To add additional users to the account, the initial account creator will designate them in their SkuProfit account. Once designated, these users can login with Amazon through the SkuProfit website.
Your Obligations
Payment obligations:
Payment will be made through Stripe, Inc on a monthly basis. Payments are in advance and for the month of service after the date of payment. Payment will be assessed automatically on the same day each month. If a month does not have the day which payment is typically assessed (e.g. your payment is normally assessed on the 31st, but the month in question is one that only has 30 days), the payment will be assessed on the last day of the month. SkuProfit is not obligated to refund any portion of any prepayment for service.Other obligations:
You must only use the SkuProfit site and services for lawful purposes. You must not use the SkuProfit site or services to access data belonging to others or perform services on behalf of others unless the right to do so has been expressly granted to you.Privacy obligations:
You agree to be bound by the SkuProfit privacy policy.You further agree not to disclose any confidential information to any third party without prior written consent. This obligation survives the termination of this agreement and any termination of SkuProfit’s services. You agree to keep confidential information confident in perpetuity.
Termination of Service
Your SkuProfit Account contains access to Account Management, where you can choose to terminate service. In this event, you will be sent to Stripe, Inc to terminate future payments. SkuProfit does not store any credit card information.
SkuProfit may terminate a customer’s service for a breach of these terms, the SkuProfit Privacy Policy, or any other applicable agreement between SkuProfit and Customer. Termination based upon customer’s breach of any agreement may be immediate and does not create an obligation for SkuProfit to refund prepaid fees.
Limitations
SkuProfit may limit customer access based on a number of factors including, but not limited to, total usage volume either by you or all users combined, hardware limitations, bandwidth limitations, and applicable legal requirements.
Indemnity
You agree to indemnify SkuProfit against all actions, claims, damages, costs, and fees of any kind arising from your breach of these terms and conditions. This includes fees charged by SkuProfit which are owed, but not paid by you.
Trial Policy
SkuProfit may, at its discretion, offer a free trial of some or all of its services. Customers using SkuProfit’s site and services on a trial basis are still bound by this agreement, except that payments will not be assessed during the trial period. If a customer wishes to cancel service without being billed for a future service period, that customer must do so prior to the end of the trial period.
Limitations of Liability:
SkuProfit strives to provide a reliable quality product, but cannot account for or be responsible for the quality of data provide by the Customer or Amazon, or the Customer’s business decisions. SkuProfit specifically disclaims all liability for faulty data from Customer, Amazon, or any other 3rd party, and for any business decision made by Customer based on information provided by SkuProfit.
Additionally, SkuProfit, to the maximum extent permitted by law, disclaims all liability for any claim whatsoever arising from or related to Customer’s use of its products or services.
Terms specific to thea trial period, including additional limitations on and Waiver of Liability:
In an attempt to produce the best possible product, SkuProfit is offering its initial service free of charge as a public beta. Customers using SkuProfit products and services during the beta trial are still bound by this agreement, and additionally agree to the following terms:
Because of the nature of beta services, the products and services offered may fluctuate. SkuProfit reserves the right to add, remove, alter, or limit access to any of its services as it sees fit. Services may go offline without notice.
Beta trial users agree that using SkuProfit products or services during the beta trial period carries certain inherent risks, including that the accuracy of the data presented cannot be fully guaranteed. While SkuProfit will not intentionally alter or distort data presented to Customers, it also does not guarantee the veracity of that data. Any decisions or risks taken by the Customer based on or influenced by data provided by SkuProfit during the beta trial solely the Customer’s. Beta trial Customer agrees to hold SkuProfit harmless for all damages of any kind related to the use of data obtained from or generated by SkuProfit during the beta trial period.
The beta trial period will last as long as SkuProfit deems necessary. Customers will be notified of the end of the beta trial period either by SkuProfit directly, by notice on the SkuProfit website, or by a notice in the form of a change to these Terms and Conditions.
General Terms:
Forbearance not a waiver: Any forbearance by SkuProfit of the enforcement of any of these terms and conditions shall not be considered a waiver of any part of this agreement, or any right.
Severability: If any section or provision of these terms is deemed invalid or unenforceable, the remainder of this agreement shall remain in full force and continue to bind the parties.
Assignment: No right or benefit under this agreement may be assigned without SkuProfit’s prior written consent.
Third Parties: No third party shall gain any right or benefit under this agreement, including the right to enforce these terms.
Governing law, jurisdiction, and choice of forum: By using SkuProfit products or services, for the purpose of any matter involving SkuProfit, you submit to the jurisdiction of the courts of the United States of America and the State of Utah. You further agree that all matters involving SkuProfit will be governed by the laws of the State of Utah, without regard to Utah’s choice of law provisions. You further agree to litigate all matters involving SkuProfit in either the Third District Court in the State of Utah, or the Federal Court for the District of Utah.