Please read these Terms of Service carefully before using any PROFIT WHALES Services accessed at this website. You the Customer may only use PROFIT WHALES Services if you accept and comply with the Terms of Service, which apply to all visitors, users and others who access or use the Services. By accessing or using the Services, you agree to be bound by these Terms and Conditions. If you disagree with any part of the Terms and Conditions, then you do not have permission to access or use the Services.
PROFIT WHALES will provide PROFIT WHALES Optimization Services ("the Services") to Customer for Amazon-related online marketing and sales.
Standard of Services
PROFIT WHALES will provide the Services in conformity to the PROFIT WHALES Help Center, as found here and subject to change by PROFIT WHALES from time to time without notice.
Payment for Services
Customer shall pay PROFIT WHALES’ standard fees for the Services, monthly or more frequently as PROFIT WHALES may direct from time to time, in such manner as PROFIT WHALES directs for payments. PROFIT WHALES reserves the right to changes its fees effective upon notice to Customer.
Customer understands that performance of the Services requires timely information from Customer and agrees to comply with all requests from PROFIT WHALES for information and cooperation related to the Services. Customer agrees that PROFIT WHALES may identify Customer publicly as a PROFIT WHALES customer.
PROFIT WHALES agrees to keep data received from Customer confidential and to use Customer’s data only for purposes of providing and improving the Service, including optimization routines specifically for Customer, design and implementation of optimization routines for customers more generally, and development of algorithms and systems related to the Service and the improvement of the Service over time. Customer agrees to keep confidential any information provided by PROFIT WHALES that is identified verbally or in writing as confidential, to use such information only for purposes related to this Agreement, and to disclose such information to no other person or party.
Waiver of Warranties
Customer and PROFIT WHALES agree to waive all implied warranties, including the warranties of merchantability, fitness for particular purpose, and non-infringement.
Limitation of Liability.
IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR CONSEQUENTIAL DAMAGES, LOST PROFITS, PUNITIVE OR EXEMPLARY DAMAGES, OR LOST DATA.
Limitation of Damages
IN NO EVENT SHALL PROFIT WHALES’ LIABILITY TO CUSTOMER EXCEED THE AMOUNT PAID BY CUSTOMER TO PROFIT WHALES DURING THE SIX MONTH PERIOD BEFORE SUCH LIABILITY ACCRUES.
The term of this Agreement is month to month, and may be terminated at the end of each one-month period by either party at will. We may terminate or suspend your account and bar access to the Service immediately without notice if you violate these Terms and Conditions or misuse the Services, impair the effective use of the Services by others, or use the Services to violate the rights of others. Despite termination, the following sections of the Agreement shall survive and continue in force and effect: Confidentiality, Intellectual Property, Waiver of Warranties, Limitation of Liability, Limitation of Damages.
Customer shall not assign this Agreement nor allow any other entity than the Customer entity signatory to the Agreement, to use or benefit from the Services directly or indirectly. PROFIT WHALES may assign this Agreement in the event of sale of PROFIT WHALES or its assets or operations related to this Agreement.
The performance by the parties shall be excused temporarily if rendered impracticable by forces outside their control, including changes in Amazon’s manner of operation. If such force majeure persists for more than 10 days, either of the parties may terminate this Agreement immediately.
Due to PROFIT WHALES maintenance and updates, and other less predictable factors affecting the Services, Customer may experience delays, interruptions or other irregularities in the Services. PROFIT WHALES reserves the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
The Service is and shall remain Intellectual Property of PROFIT WHALES, including without limitation all rights to patents, trade secrets, copyrights, trademarks, service marks and trade dress related to the Services and any future development, improvement and implementation of the Services.
Notices. Any notices of errors or problems related to the Services should be sent to firstname.lastname@example.org
If you have any questions about this Agreement, please contact us