SellerCalmer

Login

Seller Calmer - Terms of Use

back to home

Seller Calmer - Terms of Use

This website, which is available at www.sellercalmer.com or any other address as may be applicable from time to time (the “Site”), is owned and operated by Seller Calmer (“we,” “us,” or “our”). Any use of this Site or any services offered or made available on the Site from time to time (“Services”) is subject to and conditioned upon your consent to and compliance with these Terms of Use (the “Agreement”). By accessing and using the Site and/or any Services offered through it, you hereby consent to be bound and abide by this Agreement. If you do not agree with any of these Terms of Use, do not access the Site or use the Services.

1. Definitions

  • “Availability” means your ability to access and use the Site and/or the services.
  • “Content” means any information of any kind (but excluding Information as defined below) incorporated in the Site, including but not limited to texts, verbal and visual content, articles, publications, legal updates, design, graphic language, videos, materials, data, photos, pictures, drawings, sound files, graphic files, links, computer code, application texts, and any other information displayed or presented on the Site, whether owned by Seller Calmer or by a third party that granted Seller Calmer the right to use it on the Site.
  •  “Order” means an order form for the purchase of the Services to be executed on our Site. Each Order shall serve as an integral part of the Agreement.
  •  “Subscription Term” means the period during which you will be using the Services (as setforth in the Order).
  • “You” means the legal entity or individual that is using the Site and/or the Services.
  •  “Use” means any accessing and/or viewing and/or visiting and/or browsing the Siteand/or the Services for any purpose. The Use of the Site is free of charge; the use of the Services is subject to payment of the fees as set forth in section 11 below

2. Electronic Communications

When you contact us, you consent to receive communications from us electronically. We will communicate with you by email (if and to the extent you choose to provide your email address).You agree that all agreements, notices, disclosures, and other communications that we provideto you electronically satisfy any legal requirement that such communications be in writing.

3. Eligibility

By accessing the Site or using any of the Services, you represent and warrant that you are at least eighteen (18) years old or at the legal age as determined in your domicile and with the full authority, right, and capacity to agree to this Agreement as a binding contract and abide by all of the terms and conditions hereunder.

4. Term

This Agreement remains in full force and effect while you use the Site and/or the Services, as the case may be.We may terminate the Subscription Term (and also Your Account): (a) at any time and for no reason by providing you with 7 days prior written notice. In such event, we will refund you a pro-rated portion of any plan prepayment paid by you for the Services (to the extent paid); (b) in the event you materially breach the Agreement or any part thereof to the extent such breach was not cured within 7 days; or (c) if you become the subject of a petition in bankruptcy or any other proceeding relating to insolvency, receivership, liquidation, or assignment for the benefit of creditors.
Upon termination or expiration of the Agreement (including the Subscription Term) at any time and for any reason: (i) all rights granted to you herein shall immediately terminate and expire; (ii) your PII will be deleted according to our Privacy Policy, which is available at: www.sellercalmer.com. Upon termination or expiry of this Agreement at any time and for any reason, you will: (i) discontinue any and all use of the Site and/or Services; and (ii) return to Seller Calmer all copies of Seller Calmer’s Confidential Information under your possession (if any).

5. Grant of License

Subject to your compliance with the term herein, we hereby grant you a revocable, limited, non-exclusive, non-transferable, and non-assignable right solely for your internal use (and not for resale, further distribution, or for providing outsourcing or service bureau services) to access and use the Site and/or Services. The license to use the Service is limited for the Subscription Term. 

Seller Calmer does not claim ownership of your PII. However, by using the Site and/or Services, you hereby grant us an irrevocable, royalty-free, non-exclusive, unlimited license and specific informed consent to use the Information, share it with, and transfer it to third parties in accordance with the terms of our Privacy Policy, which is available at: www.sellercalmer.com. 

Neither you nor any third party will (a) access or attempt to access any Seller Calmer’s systems, programs, or data that are not available for public use; (b) directly or indirectly license, sublicense, sell, resell, transfer, assign, distribute, rent, lend, disclose, or otherwise commercially exploit or make available the Services to any third party in any manner, and any
attempt to do so is null and void; (c) alter or otherwise modify the Services or make derivative works based upon the Services; (d) copy, reproduce, republish, upload, post, transmit, or distribute in any way material from the Services; (e) fix or attempt to fix the Services or work around any technical limitations in the Services or crawl, decompile, disassemble, or otherwise reverse engineer or make any attempt to ascertain, derive, or obtain the source code; (f) create Internet “links” to the Services or “frame” or “mirror” the Services on any other server or wireless or Internet-based device; (g) access, store, distribute, or transmit any viruses or any material during the course of its use of the Services that is unlawful, obscene, or causes damage or injury to any person or property; (h) remove or otherwise alter any of Seller Calmer’s trademarks, logos, copyrights, or other proprietary notices or indicia if any; (i) use Seller Calmer’s name, logo, or trademarks without Seller Calmer’s prior written consent; and/or (j) use the Services to take any action that (A) infringes on any third party’s copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy; (B) violate any applicable law, statute, ordinance, or regulation (including those regarding export control); (C) are defamatory, trade libelous, threatening, harassing, or obscene; or (D) constitute unauthorized entry to any machine accessible via the network.

 

6. The Services

Seller Calmer provides a range of services to assist Amazon and Walmart sellers in optimizing and managing their online presence. These services include:

Listing and Catalog Optimization:

  1.  Optimize Your Listings.
  2.  Develop Engaging Enhanced Brand Content.
  3. Bulk Uploads and Flatfile Support.
  4. Merge ASINs for Better Organization.
  5.  Maintain Best Seller Rank on Listings.
  6.  Reactivate Out-of-Stock Listings with FBA Inventory.
  7.  Create and Manage Product Variations.

 Shipment and Order Management:

  1. Add New Products to Inventory.
  2.  Ensure timely Shipment Check-ins.
  3.  Reconcile Shipments Accurately.
  4.  Resolve Shipment Issues Promptly.
  5.  Remove Negative Feedback.
  6. Delete Non-Compliant Reviews.
  7. Handle Multi-Channel Fulfillment Issues.
  8.  Resolve FBA Order Issues, Refunds, and Reimbursements.

Account Health Management:

  1.  Protect Your Brand: Handling Intellectual Property Violations.
  2.  Addressing Suspected IP Infringements Swiftly.
  3.  Managing Authenticity Complaints Effectively.
  4.  Resolving Product condition Issues Quickly.
  5.  Rectifying Listing Policy Breaches Efficiently.
  6.  Dealing with Restricted Policy Issues Promptly.

Promotional Management (Non-PPC):

  1.  Set Up Effective Promotional Discounts.
  2.  Organize Lightning Deals.
  3. Manage Subscribe and Save Options.
  4.  Participate in Small & Light Program.
  5.  Create and Manage Bundle Listings.
  6. Plan Inventory Needs Accurately.

Inventory Management Solutions:

  1. Reconcile Inventory Discrepancies.
  2. Handle Inventory Removal Problems.
  3.  Manage Reserved Inventory Efficiently.
  4.  Address FBA Inventory Over 365 Days.
  5.  Create and Manage New Shipments.

Inactive and Problematic Listings:

  1. Resolve Suppressed Listings Efficiently.
  2.  Correct High/Low Pricing Errors.
  3. Manage Hazmat Documentation and compliance.
  4.  Ensure Category Compliance Documentation.
  5.  Regain and Maintain the Buy Box.
  6. Boost Sales with Discount Coupons.

We reserve the right to add, modify, or remove any Services at any time without prior notice.The Services will be performed in accordance with the standards described herein. We do not make any guarantees about the effects or usefulness of the Services, including whether our actions will be successful or generate additional revenue for you, nor do we give any assurance or warranty of any kind as to any particular results or success of performing the Services. Your use of the Services is entirely at your own risk due to the fact that ultimately Amazon and Walmart sales are determined by the effectiveness of your product and listing, which we have no control over. For the avoidance of doubt, you are solely responsible for all fees charged by Amazon or Walmart related to advertising or selling on their websites.

7. Disclaimer of Liability for Amazon and Walmart Changes

Seller Calmer is not responsible for any changes made by Amazon or Walmart to their terms, conditions, or policies that may affect your account, including but not limited to account suspension, listing removal, or changes to advertising policies. You acknowledge and agree that your use of the Services is subject to the terms, conditions, and policies of Amazon and Walmart, and that Seller Calmer has no control over these platforms. Any impact on your account due to actions taken by Amazon or Walmart is solely your responsibility.

8. Disclaimer of Liability for Employee Errors

Seller Calmer endeavors to provide accurate and reliable Services; however, errors or omissions may occur. Seller Calmer shall not be held liable for any errors, omissions, or mistakes made by our employees or contractors in the provision of the Services. Your sole and exclusive remedy for any error or omission shall be limited to the correction of the error or omission, if possible, or a refund of the fees paid for the affected Services, at Seller Calmer’s discretion.

9. Informed Consent and Risk Assumption

By using our Services, you acknowledge and agree that there are inherent risks associated with managing Amazon and Walmart accounts, including but not limited to changes in platform policies, account suspensions, and market fluctuations. You assume all risks related to the use of our Services, and Seller Calmer shall not be liable for any damages, losses, or disruptions arising from these inherent risks.

10. Proprietary Rights

The Site, the Services, and the Content therein are proprietary to us and/or our licensors. Any and all intellectual property rights related to the Services and the Site are and shall remain our exclusive property or our licensors. Nothing in this Site or Services grants any license or right to use any marks displayed on this Site without the written permission of the owner of the mark. Your misuse of the marks displayed on this Site or any other Content on this Site, including the Services, is strictly prohibited.
Without derogating from any of the provisions herein, you agree not to decompile, reverse-engineer, copy, transfer, assign, rent, resell, distribute, or use the Site or the Services (or any part thereof or any software underlying the Service) other than as expressly authorized by Seller Calmer. Any and all trademarks, service marks, product names, and trade names of Seller Calmer appearing on or through the Site and/or Service are exclusively owned by Seller Calmer. All other trademarks, service marks, product names, and logos appearing on or through the Service are the property of their respective owners. You may not use or display any trademark, service mark, product name, trade name, or logo appearing on or through the Service without the owner’s prior written consent. 

Our Site is intended for use by natural persons. Any access or use of the Site by any automated means, including but not limited to spiders, bots, scrapers, and the like, is prohibited. Any use of any information collected by such automated means constitutes a violation of this Agreement. Any use of the Site or any parts thereof or information therein for any commercial purposes is prohibited.

11. Amendments to the Agreement

We may revise and update this Agreement from time to time in our sole discretion. We will provide you with a notice of 10 days prior to any change in the Agreement’s terms. Following completion of such period, all changes to the Agreement are effective immediately when we post them and apply to all access to the Site and use of the Services thereafter.
Your continued use of the Services following the posting of revised Agreement means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes as they are binding on you.

12. Amendments to Services and Availability

Seller Calmer shall use its best commercial efforts to keep the Site and/or the Services available and working but does not provide any warranty for the Availability of the Site and/or Services. Please note that we hereby reserve the right to remove or amend the Site and/or the Services and/or any service or material we provide as part of them in our sole discretion without prior notice. Also from time to time, we may restrict access to some parts of the Site and/or the Services in whole or in part. In case of any problem in the Site and/or the Services, you can contact us at: [email protected] and we will make reasonable efforts to address the problem as soon as practicable.