sellerapp.com Terms and Conditions ("Agreement")

This Agreement was last modified on Jan 15, 2019.

THIS END USER LICENSE AGREEMENT, TOGETHER WITH THE PRIVACY POLICY WHICH IS INCORPORATED BY REFERENCE TO THIS END USER LICENSE AGREEMENT, SET FORTH THE LEGALLY BINDING AGREEMENT ("AGREEMENT") BETWEEN YOU (AN INDIVIDUAL) AND SELLMETRIC PTE. LTD(“SELLMETRIC”, "SELLERAPP" OR "US", OR "OUR" OR "WE"); THIS AGREEMENT GOVERNS YOUR ACCESS AND USE OF, THE SELLERAPP SOFTWARE ("SOFTWARE"), THE SELLERAPP WEBSITES ("SITE") AND ANY ACCOMPANYING SERVICES, FEATURES, CONTENT, AND APPLICATIONS ("FEATURES") OFFERED BY US (ALL COLLECTIVELY REFERRED HEREIN AS THE "SERVICES"). PLEASE READ THESE TERMS CAREFULLY IF YOU WISH TO USE THE SERVICES. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OR DO NOT CONSENT TO OUR PRIVACY POLICY, PLEASE DO NOT USE THE SERVICES. YOUR USE OF THE SERVICES IS UNDER LICENSE AS SET FORTH IN THESE TERMS. SESELLERAPP RESERVES ALL RIGHTS IN THE SERVICES INCLUDING ANY RIGHT WHICH IS NOT EXPRESSLY PROVIDED IN THIS AGREEMENT. BY USING THE SERVICES, YOU AGREE THAT YOU WILL NOT USE THEM FOR ANY ILLEGAL OR UNAUTHORIZED PURPOSE.

Privacy

We value your privacy and take efforts to protect it. Please see our Privacy policy to know more about our data collection and usage practices.

Intellectual Property

The Site and its original content, features and functionality are owned by SELLMETRIC PTE. LTD and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

Termination

We may terminate your access to the Site, without cause or notice, which may result in the forfeiture and destruction of all information associated with you. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Links To Other Sites

Our Site may contain links to third-party sites that are not owned or controlled by SELLMETRIC PTE. LTD.

SELLMETRIC PTE. LTD has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party sites or services. We strongly advise you to read the terms and conditions and privacy policy of any third-party site that you visit.

Your Use of the Services

The Services are provided in our standard format, but some of the Features or functionalities may not be available to you under our standard version of the Software; If you decide to purchase an upgraded version of the Software, additional features and functionalities may be available;

You may not use the Services if you are under the age of 13 or if you are not the owner or approved administrator of the device on which you install the Software or otherwise use the Services.

SellerApp does not rent or sell any Personal Information. We may disclose Personal Information to other trusted third party service providers or partners for the purposes of providing you with the Services, storage and analytics. We may also transfer or disclose Personal Information to our subsidiaries, affiliated companies. The Chrome plugin may also transfer data from other people to update information. SellerApp does this securely, not allowing any access to any of your information. All downloads and application is accessible directly from our website (installation and use of SellerApp is subject to our Terms of service and Privacy policy).

We reserve the right, at our sole discretion, to change, modify, add, or delete any of the terms and conditions of this Agreement or any portion thereof at any time including without limitation the availability of any Features. Your continued use of the Service following any revision of the Services or this Agreement constitutes your complete and irrevocable acceptance of any and all such changes. If you do not agree to be bound by the amended Agreement, you may not use or access (or continue to use or access) the Services.

Limited License

SELLMETRIC PTE. LTD grants you a non-exclusive, non-transferable, limited license to use the Site in accordance with this Agreement.

Limitation Of Liability

In no event shall SELLMETRIC PTE. LTD, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for damages, direct or consequential, resulting from your use of the Site, and you agree to defend, indemnify and hold us harmless from any claims, losses, liability costs and expenses, including but not limited to attorney's fees, that we may incur as a result of any claim, suit or proceeding arising from any information that you supply through this Site, your violation of the rights of third parties, or your failure to comply with these Terms of Use.

Warranty Disclaimer

Your use of the Site is at your sole risk. The Site is provided on an "as is" and "as available" basis. The Site is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

SELLMETRIC PTE. LTD, its subsidiaries, affiliates, and its licensors do not warrant that a) the Site will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Site is free of viruses or other harmful components; or d) the results of using the Site will meet your requirements.

Indemnification Procedure

If any claim, suit or proceeding (referred to as a Claim) brought against us is within the scope of an indemnity that you have provided under these Terms and Conditions, we will give you notice of the Claim at the most recent email address for you in our records. We will conduct the defense of the Claim and you will assist in the defense as we reasonably request. You agree that you will not, and will have no authority to, settle or compromise any Claim without our express written approval. We will send invoices to you from time to time showing the losses, costs or liabilities that we have incurred, and you agree to pay the invoices within thirty days of the invoice date. Invoices not paid within thirty days for any reason, including but not limited to difficulty in locating you and providing you with the invoices, accrue interest at the rate of fifteen percent (15%) per year, compounded monthly, or the highest rate allowed by law, if less.

Governing Law

This Agreement (and any further rules, policies, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of Singapore, without giving effect to any principles of conflicts of law.

Changes To This Agreement

We reserve the right, at our sole discretion, to modify or replace these Terms and Conditions by posting the updated terms on the Site. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms and Conditions.

Please review this Agreement periodically for changes. If you do not agree to any of this Agreement or any changes to this Agreement, do not use, access or continue to access the Site or discontinue any use of the Site immediately.

As a visitor to this Site or if you open an account with us, you agree that you will not use this Site or account to

  • upload, post or otherwise transmit any information that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
  • harm anyone, including minors, in any way;
  • market or sell products or services, except as may be agreed with SELLMETRIC PTE. LTD, in writing;
  • interfere with the operation of the Site or account through the use of viruses, programs or technology designed to disrupt or damage software or hardware or to gain unauthorized access to information;
  • employ a robot, spider or other process or device to harvest email addresses or other visitor information or to monitor activity on the Site or account;
  • impersonate another person or entity or forge any electronic communication or message;
  • transmit or post information in violation of confidentiality agreements or the intellectual property or personal representation rights of any other person; or violate any applicable laws.
  • The United States export control laws prohibit the export of certain technical data and software to certain territories. No content from this Site may be downloaded or otherwise exported in violation of United States law.

If this Site or account allows visitors to post information that can be viewed by the general public, we will review the posts from time to time but the person or organization making a post is entirely responsible for the post and SELLMETRIC PTE. LTD has no liability in connection with the posts. You are responsible for ensuring that any post made using your email address complies with these Terms of Use. We have the right to edit any post for relevance and to decline to allow or preserve any post. In addition, we have the right to remove any post, including any post we feel is inappropriate, illegal, offensive, potentially or actually harmful, or may negatively impact Site operations.

If you provide us with a testimonial regarding the use of our products or services, whether solicited or unsolicited, you authorize us to post that testimonial on our Site or account in areas accessible to the public and to release your name or otherwise publicize the fact that you submitted information to us. We have the right to edit your submitted testimonial, including text as well as pictures and video, as we think appropriate for presentation on our Site. In addition, you authorize us to use all or portions of your testimonial for other purposes, for example in marketing materials or regulatory filings. In addition to the warranties above, you also represent and warrant that you have the authority to provide the testimonial to us for the purposes described in this paragraph and that you have written approvals from anyone whose work, name or image appears in the testimonial. While we welcome testimonials, the inclusion of any particular testimonial on our Site is entirely at our discretion.

We do not wish to receive through our Site or account, information that you may consider confidential or proprietary, for example, new product or service ideas or information about your own business plans. Any information submitted to us through email, posts to this Site, or otherwise, will not be considered confidential unless we have specifically agreed otherwise in a written agreement signed by an authorized SELLMETRIC PTE, LTD. representative. Without this type of an agreement, you agree that there are no restrictions on our ability to use or distribute the information and that we are free to use any ideas, concepts, know-how or techniques that you send us for any purpose and to modify, adapt, publish, translate, create derivative works from, distribute, and display throughout the world in any media information that you provide us.

By submitting information to us using this Site or account, you waive any rights that you may have with respect to submitted information. To the extent that you nevertheless retain the rights, you agree not to enforce them against us. The inclusion of information on this website does not imply any license under a patent or other intellectual property rights held by SELLMETRIC PTE, LTD or any other individual or organization

Responsibility to protect against viruses

We have no intention of distributing any electronic materials designed to deliberately cause errors in or disrupt the use of any computer system. It is your responsibility to take precautions to ensure that whatever you may download from our Site is free of viruses and other destructive items. We have no liability for any virus or other malware introduced to your computer system through access to or download from our Site.

If you open an account with us, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer system, and you agree to accept responsibility for all activities that occur under your account or password. We do not sell products for children. Purchases can be made by companies who have opened an account and use a permitted payment method. We reserve the right to refuse service, terminate accounts, remove or edit account information, or cancel orders in our sole discretion.

Contact Us

If you believe that any information contained in this website infringes your copyright, or if you have any questions about this Agreement, you may contact us at: hello@sellerapp.com.