Effective date: May 10, 2015
This website (the “Site”) is owned and operated by Salesbacker LLC, doing business as Salesbacker (“Salesbacker”). Throughout the website, the terms “Salesbacker,” “we,” “us” and “our” refer to Salesbacker.
These Terms of Service (“Terms”) govern your access to and use of the Salesbacker Service (the “Service”). Salesbacker reserves the right to update and change these Terms without notice. Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Service you agree to be bound by these Terms. Violation of any of these Terms may result in the termination of your account.
- You are responsible for maintaining the security of your account and password. Salesbacker cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You are responsible for all content posted and activity that occurs under your account.
- Use of the Service requires an Amazon Professional Selling Plan, and Amazon Marketplace Web Service (MWS) registration. By using the Service, you represent and warrant that you are authorized to access the Amazon Seller and MWS accounts that you connect to the Service.
- You agree to review and comply with the Amazon.com Customer Communication Guidelines (https://sellercentral.amazon.com/gp/help/help.html?itemID=1701) and ensure that all your emails sent through the Service comply with Amazon’s policies.
- You may not use the Service for any illegal purpose or to violate any laws in your jurisdiction (including but not limited to copyright laws).
- You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
- You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
Payment, Refunds, Upgrading and Downgrading Terms
- The Service is offered with a free trial, and a free subscription (“Plan”) with limited functionality and capacity. We also offer paid Plans with more comprehensive functionality and capacity. If you exhaust the free capacity, or the capacity of any of our paid Plans, you will only be able to continue using the Service by paying in advance for additional usage. If you fail to pay for additional usage, your account will be frozen until payment is made.
- YOU SHOULD READ THE FOLLOWING TERMS CLOSELY BEFORE YOU SUBSCRIBE TO A PAID PLAN. All subscription fees for paid Plans will be charged to the credit card account information you provide. Payment for a subscription is due in advance and will be charged prior to the period you select. Transactions will appear on your bill as “SALESBACKER.COM”.
- Renewal of subscriptions is automatic, and will continue until you notify us to cancel your subscription.
- Any upgrade or downgrade in Plan level will result in the new rate being charged at the next billing cycle. There will be no prorating for downgrades in between billing cycles.
- Downgrading your Service may cause the loss of features or capacity of your account. Salesbacker does not accept any liability for such loss.
- All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
- Because the Service offers a free trial and a free Plan, and you can upgrade or downgrade at any time, we do not offer any refunds for any subscription fees paid.
Cancellation and Termination
- You are solely responsible for properly canceling your account. You can cancel your account at any time by sending us a message through our contact form. We respond to all cancellation requests. If we do not reply to your request, please contact us again. Our response confirms your cancellation request.
- Upon cancellation, all of your content will be immediately inaccessible. Within 30 days, all this content may be permanently deleted from all backups and logs. This information can not be recovered once it has been permanently deleted.
- If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately, and you will not be charged again. But there will not be any prorating of unused time in the last billing cycle.
- Salesbacker, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all content in your account. Salesbacker reserves the right to refuse service to anyone for any reason at any time.
Modifications to the Service and Prices
- Salesbacker reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any part of the Service with or without notice.
- Prices of all Services are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Site or the Service itself.
- Salesbacker shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Copyright and Content Ownership
- All content posted on the Service must comply with U.S. copyright law.
- We claim no intellectual property rights over the material you provide to the Service. All materials uploaded remain yours.
- Salesbacker does not pre-screen content, but reserves the right (but not the obligation) in its sole discretion to refuse or remove any content that is available via the Service.
- Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
- Technical support is only provided via email.
- You understand that Salesbacker uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
- You must not modify, adapt or hack the Service.
- You must not modify another website so as to falsely imply that it is associated with the Service or Salesbacker.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Salesbacker.
- We may, but have no obligation to, remove content and accounts that we determine in our sole discretion are unlawful or violate any party’s intellectual property or these Terms.
- Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Service customer, Salesbacker employee or officer will result in immediate account termination.
- You understand that the technical processing and transmission of the Service, including your content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
- We reserve the right to temporarily disable your account if your usage significantly exceeds the average usage of other Service customers. Of course, we’ll reach out to you before taking any action, except in rare cases where the level of use may negatively impact the performance of the Service for other customers.
- Salesbacker does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
- You understand and agree that Salesbacker shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Salesbacker has been advised of the possibility of such damages), resulting from: (i) the use of, or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Service; (v) or any other matter relating to the Service.
- The failure of Salesbacker to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. The Terms constitute the entire agreement between you and Salesbacker and govern your use of the Service, superceding any prior agreements between you and Salesbacker (including, but not limited to, any prior versions of the Terms).
- Any suit involving any dispute or matter arising under this Agreement shall be brought exclusively in the appropriate United States District Court in the Northern District of California, or any California State Court in the County of San Francisco, having jurisdiction over the subject matter of the dispute or matter, and no other.
- Questions about the Terms should be sent through our contact form.
Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms. Continued use of the Service after any such changes shall constitute your consent to such changes.