Terms of Service
These Terms of Service (“Terms”) are a binding agreement between you (“Customer” or “you”) and AdSwarm Tools, Inc. (“AdSwarm,” “we,” “us”). By accessing or using the Service, you agree to these Terms. If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization.
1. The Service
AdSwarm provides software that helps businesses analyze and optimize advertising and selling performance on Amazon and Walmart. Features and functionality may evolve over time.
2. Eligibility and accounts
You must be at least 18 years old and able to enter into a binding contract. You must provide accurate information when registering, keep your credentials secure, and notify us promptly of any unauthorized access. You are responsible for all activity on your account.
3. Your data and platform connections
You retain all rights to the data you upload or that we retrieve from your connected Amazon and Walmart accounts on your behalf (“Customer Data”). You grant AdSwarm a limited, non-exclusive, worldwide license to process Customer Data solely to provide and improve the Service.
You are responsible for ensuring you have the right to connect the platform accounts you connect, and for complying with Amazon’s, Walmart’s, and any other applicable third-party terms.
4. Acceptable use
You agree not to:
- Reverse engineer, decompile, or attempt to extract source code from the Service.
- Use the Service to violate any law, infringe intellectual property, or harm any person.
- Interfere with the Service’s operation, security, or other users.
- Use the Service to send spam or unsolicited communications.
- Access the Service through automated means except through APIs we provide.
- Share account credentials or resell access to the Service without written permission.
We may suspend or terminate accounts that violate these terms.
5. Fees
If your plan is paid, fees and billing terms are described at sign-up or in a separate order form. Fees are non-refundable except as required by law. We may change pricing on prospective notice.
6. Intellectual property
AdSwarm retains all right, title, and interest in the Service, including software, designs, and documentation. Nothing in these Terms grants you any right to our trademarks or branding.
7. Confidentiality
Each party agrees to protect the other’s confidential information with the same care it uses for its own confidential information (and not less than reasonable care), and to use it only for purposes of the Service.
8. Termination
You may close your account at any time. We may suspend or terminate your access if you breach these Terms, if required by law, or if continued provision of the Service becomes commercially unreasonable. On termination, we will delete Customer Data within 90 days, except data we are required to retain by law.
9. Disclaimers
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, ADSWARM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT ANY RECOMMENDATION OR OPTIMIZATION WILL ACHIEVE A PARTICULAR RESULT.
10. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW, ADSWARM’S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE FEES PAID BY YOU IN THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR (B) ONE HUNDRED US DOLLARS. NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR LOST PROFITS, EVEN IF ADVISED OF THE POSSIBILITY.
11. Indemnification
You will defend, indemnify, and hold harmless AdSwarm from any third-party claim arising out of your Customer Data, your use of the Service in violation of these Terms or applicable law, or your violation of any third-party terms (including Amazon’s or Walmart’s).
12. Governing law and disputes
These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-laws principles. Any dispute will be resolved exclusively in the state or federal courts located in New Castle County, Delaware, and each party consents to that jurisdiction.
13. Modifications
We may modify these Terms by posting an updated version and updating the “Effective Date.” If a change is material, we will provide at least 14 days’ notice. Your continued use of the Service after the effective date constitutes acceptance.
14. Miscellaneous
These Terms are the entire agreement between you and AdSwarm on the subject matter and supersede prior agreements. If any provision is unenforceable, the rest remain in effect. We may assign these Terms in connection with a merger, acquisition, or asset sale. Notices to us must be sent to [email protected].
15. Contact
AdSwarm Tools, Inc.
Email: [email protected]