These Terms of Use, together with any applicable order form, subscription terms, product-specific terms, policies, guidelines, and documents incorporated by reference (collectively, these "Terms"), govern your access to and use of the websites, software, applications, APIs, tools, services, documentation, and related offerings provided under or in connection with the 4Seller brand (collectively, the "Services").
Please read these Terms carefully. By creating an account, clicking "I agree," accessing, or using the Services, you agree to be bound by these Terms. If you use the Services on behalf of a company or other legal entity, you represent that you have authority to bind that entity, and "you" and "your" refer to that entity.
If you do not agree to these Terms, you must not access or use the Services.
The Services are jointly operated by the following entities:
For purposes of these Terms, "4Seller," "we," "us," or "our" means the applicable 4Seller operating entity or entities that provide, operate, support, process, bill, or otherwise make available the relevant Services to you. We may allocate operational, technical, billing, customer support, data processing, and contracting functions among the above entities and their affiliates from time to time.
Where required by applicable law or by a written order form, the specific contracting entity may be identified separately. If no specific contracting entity is identified, the Services may be deemed provided jointly by the entities listed above, and each may enforce these Terms to the fullest extent permitted by applicable law.
The Services are intended for business and professional use by merchants, sellers, e-commerce operators, agencies, and other commercial users. You may use the Services only if you are legally capable of entering into a binding contract and are not barred from using the Services under applicable laws or sanctions rules.
You must ensure that all account registration information, business information, tax information, payment information, store information, and other information you provide to us is accurate, current, and complete. You are responsible for keeping such information up to date.
The Services are intended for business and professional use. Nothing in these Terms excludes, restricts, or limits any mandatory rights that a user may have as a consumer under the applicable consumer protection laws of the country or jurisdiction of that user's residence, to the extent such laws apply and cannot be excluded, restricted, or limited by contract.
We may update these Terms from time to time. The updated Terms will be posted through the Services or otherwise made available to you. Unless otherwise stated, updated Terms become effective when posted. Your continued use of the Services after the updated Terms become effective constitutes your acceptance of the updated Terms.
If we make material changes that materially reduce your rights or increase your obligations, we will use commercially reasonable efforts to provide notice, such as through the Services, email, or account notifications. You are responsible for reviewing the Terms periodically.
4Seller provides tools that may include, without limitation, product listing, product migration, order management, inventory management, SKU mapping, store management, logistics and shipping tools, reporting, automation, third-party platform integration, API access, and related e-commerce management functions.
We may modify, suspend, discontinue, replace, limit, or update any part of the Services at any time. We do not guarantee that any feature, integration, marketplace connection, carrier connection, data source, workflow, or functionality will remain available, uninterrupted, error-free, or unchanged.
You acknowledge that the Services may depend on third-party platforms, marketplaces, app stores, logistics providers, carriers, payment providers, cloud providers, API providers, and other third-party systems. We are not responsible for the acts, omissions, availability, rules, policies, errors, delays, outages, data restrictions, account actions, or service changes of any third party.
You are responsible for all activity under your account, including activity by your employees, contractors, agents, service providers, administrators, and other authorized or unauthorized users. You must safeguard your login credentials, API keys, tokens, passwords, and authentication devices.
You must promptly notify us if you suspect unauthorized access to your account or any security incident involving the Services. We are not liable for losses arising from compromised credentials, misconfigured permissions, unauthorized internal access, or your failure to maintain reasonable account security.
We may require additional identity, business, compliance, or security verification before enabling or continuing access to certain Services.
You may permit your employees, contractors, agents, and service providers to access the Services on your behalf only if they are authorized by you and comply with these Terms. You are responsible for their acts and omissions as if they were your own.
You must ensure that each authorized user uses unique credentials and that permissions are configured appropriately. You are solely responsible for granting, reviewing, modifying, and revoking user access.
You must not, and must not permit any third party to:
We may investigate suspected violations and may suspend, restrict, or terminate access to the Services if we reasonably believe that your use violates these Terms or creates risk.
You are solely responsible for your business operations and for all decisions, actions, omissions, data, content, listings, products, orders, shipments, pricing, taxes, refunds, returns, customer service, regulatory compliance, and marketplace compliance associated with your business.
Without limiting the above, you are solely responsible for:
The Services are tools to assist your operations. They do not replace your independent judgment, compliance review, professional advice, or responsibility for your business.
The Services may allow you to connect to or interact with third-party platforms, marketplaces, websites, applications, logistics providers, carriers, payment providers, and other services. Your use of third-party services is governed by your agreements with those third parties.
You authorize us to access, transmit, receive, store, process, display, modify, and otherwise use data from third-party services as necessary to provide the Services. You represent that you have all rights and permissions necessary to grant this authorization.
We do not control and are not responsible for third-party services, including their availability, functionality, accuracy, data quality, security, pricing, fees, policies, enforcement actions, suspensions, takedowns, API limitations, API changes, data access restrictions, or decisions affecting your accounts, stores, products, listings, orders, shipments, or revenue.
If a third-party service changes or disables access to APIs, credentials, permissions, data, functionality, or policies, parts of the Services may stop working or work differently. We are not liable for any resulting loss or damage.
"Customer Data" means data, content, files, materials, product information, listing information, order information, inventory information, store information, transaction information, customer information, shipping information, account information, images, text, and other information submitted to, uploaded to, generated through, imported into, or processed by the Services on your behalf.
You retain ownership of your Customer Data, subject to the rights and licenses granted in these Terms. You grant 4Seller and our affiliates a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to host, store, copy, process, transmit, display, modify, translate, analyze, create technical derivatives of, and otherwise use Customer Data as necessary or useful to:
You represent and warrant that you have all rights, consents, notices, and legal bases necessary to provide Customer Data to us and to authorize our processing of Customer Data as described in these Terms and our Privacy Policy.
We may remove, disable, restrict, or refuse to process Customer Data if we believe it violates these Terms, applicable law, third-party rights, third-party policies, or creates risk.
We may collect, generate, use, disclose, commercialize, and retain data that is aggregated, de-identified, anonymized, statistical, diagnostic, or analytical, including usage metrics, performance data, error data, product insights, benchmark data, and service improvement data, provided such data does not identify you as the source in a manner prohibited by applicable law.
We own all rights in aggregated, de-identified, anonymized, statistical, diagnostic, and analytical data generated by or relating to the Services.
Our collection and use of personal information is described in our Privacy Policy, which is incorporated into these Terms by reference. You must comply with all applicable privacy, data protection, consumer protection, electronic communications, and data security laws in connection with your use of the Services.
If you provide personal information of buyers, customers, employees, contractors, or other individuals to the Services, you represent that you have provided all required notices and obtained all required consents, authorizations, and legal bases for such processing.
If required by applicable law, the parties may enter into a data processing agreement or other legally required data protection terms.
The Services, including software, source code, object code, interfaces, workflows, designs, databases, documentation, trademarks, logos, trade names, service marks, algorithms, models, know-how, and other technology and materials, are owned by 4Seller, our affiliates, or our licensors and are protected by intellectual property and other laws.
Except for the limited right to use the Services in accordance with these Terms, no rights are granted to you by implication, estoppel, or otherwise. You must not remove, obscure, or alter any proprietary notices.
If you provide feedback, suggestions, ideas, requests, bug reports, or recommendations, you grant us a perpetual, irrevocable, worldwide, royalty-free, fully paid, transferable, sublicensable license to use them for any purpose without restriction or compensation.
Certain Services may be free, and certain Services may require payment now or in the future. Fees, billing cycles, usage limits, renewal terms, payment methods, refund terms, and subscription details may be described in an order form, pricing page, in-product notice, or other written terms.
You agree to pay all applicable fees and taxes when due. Fees are exclusive of taxes unless expressly stated otherwise. You are responsible for all sales, use, value-added, goods and services, withholding, and similar taxes, except taxes based on our net income.
Unless expressly stated otherwise in writing, payments are non-refundable, and subscriptions renew automatically for the applicable renewal period until cancelled in accordance with the applicable cancellation terms.
We may change pricing, introduce paid features, modify free plans, impose usage limits, or discontinue promotional offerings upon notice where required by applicable law.
We may offer free, trial, experimental, pilot, preview, early access, or beta features. Such features are provided for evaluation purposes only, may be modified or discontinued at any time, may be subject to additional terms, and may be less reliable than generally available Services.
To the maximum extent permitted by law, free, trial, experimental, pilot, preview, early access, and beta features are provided "as is," without any warranty, support commitment, service level, indemnity, or liability of any kind.
If we provide API access, developer tools, tokens, webhooks, documentation, or other technical interfaces, you must use them only as permitted by us and in accordance with applicable documentation, limits, and policies.
We may set, change, suspend, or enforce rate limits, call limits, data limits, access restrictions, authentication requirements, and technical controls. You must not misuse APIs, share tokens improperly, create excessive load, attempt unauthorized access, or use API access to extract data beyond your authorized scope.
We may suspend or revoke API access at any time if we believe your use creates risk, violates these Terms, or may harm the Services, third parties, or other users.
The Services may provide automations, bulk actions, synchronization, mapping, listing, import, export, templates, recommendations, analytics, or generated outputs. You are responsible for reviewing and approving all actions and outputs before use or reliance.
We do not guarantee that any automation, synchronization, mapping, recommendation, calculation, listing, translation, template, export, or output will be accurate, complete, compliant, accepted by any marketplace, error-free, or suitable for your business.
You bear all risk of orders, listings, inventory adjustments, price changes, shipments, customer communications, marketplace submissions, or other actions initiated through the Services, including automated or bulk actions.
We may provide support through channels we designate from time to time. Unless expressly agreed in writing, we do not guarantee support response times, resolution times, uptime, service levels, or uninterrupted availability.
The Services may be unavailable, delayed, limited, or degraded due to maintenance, updates, failures, security events, traffic, third-party services, force majeure events, or other causes. We are not liable for unavailability, delays, data loss, synchronization issues, integration failures, or business interruption.
We may suspend, restrict, disable, or terminate your access to all or part of the Services, with or without notice, if:
Upon termination, your right to access and use the Services will cease immediately. We may retain, delete, export, restrict, or preserve Customer Data in accordance with applicable law, our policies, operational needs, and legal obligations. You are responsible for exporting Customer Data before termination where export functionality is available.
Sections that by their nature should survive termination will survive, including provisions relating to ownership, Customer Data licenses, fees, disclaimers, limitation of liability, indemnity, dispute resolution, governing law, confidentiality, and general terms.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED ON AN "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS" BASIS. 4SELLER, OUR AFFILIATES, LICENSORS, SERVICE PROVIDERS, AND PARTNERS DISCLAIM ALL WARRANTIES, REPRESENTATIONS, CONDITIONS, AND UNDERTAKINGS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, RELIABILITY, QUIET ENJOYMENT, COURSE OF DEALING, COURSE OF PERFORMANCE, AND USAGE OF TRADE.
WITHOUT LIMITING THE ABOVE, WE DO NOT WARRANT THAT:
YOU ACKNOWLEDGE THAT YOU USE THE SERVICES AT YOUR OWN RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR VERIFYING ALL INFORMATION, OUTPUTS, SETTINGS, AND ACTIONS BEFORE RELYING ON THEM.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL 4SELLER, OUR AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, SERVICE PROVIDERS, OR PARTNERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, SALES, BUSINESS, GOODWILL, REPUTATION, DATA, USE, CUSTOMERS, OPPORTUNITIES, SAVINGS, OR MARKETPLACE ACCOUNT STANDING, OR FOR BUSINESS INTERRUPTION, COST OF SUBSTITUTE SERVICES, PRODUCT TAKEDOWNS, ACCOUNT SUSPENSIONS, SHIPPING DELAYS, TAX LIABILITIES, REGULATORY PENALTIES, OR THIRD-PARTY CLAIMS, WHETHER ARISING IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, STATUTE, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF: (A) THE AMOUNTS YOU PAID TO 4SELLER FOR THE SERVICES GIVING RISE TO THE CLAIM DURING THE ONE (1) MONTH BEFORE THE EVENT GIVING RISE TO LIABILITY; OR (B) USD 50. IF YOU USED ONLY FREE SERVICES DURING THAT PERIOD, OUR TOTAL AGGREGATE LIABILITY WILL NOT EXCEED USD 50.
THE LIMITATIONS IN THIS SECTION APPLY TO ALL CLAIMS IN THE AGGREGATE, REGARDLESS OF THE NUMBER OF CLAIMS, EVENTS, USERS, STORES, ORDERS, INTEGRATIONS, OR SERVICES INVOLVED, AND EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Some jurisdictions do not allow certain exclusions or limitations. In such jurisdictions, our liability will be limited to the maximum extent permitted by applicable law.
You will defend, indemnify, and hold harmless 4Seller, our affiliates, directors, officers, employees, agents, licensors, service providers, and partners from and against all claims, demands, actions, investigations, proceedings, damages, losses, liabilities, penalties, fines, settlements, costs, and expenses, including reasonable attorneys' fees, arising out of or relating to:
We may assume exclusive control of the defense and settlement of any matter subject to indemnification, and you agree to cooperate with us. You must not settle any claim without our prior written consent if the settlement imposes obligations on us, admits fault by us, or does not fully release us.
You may receive non-public information about the Services, including technical, business, security, pricing, roadmap, beta, and performance information. You must protect such information using at least reasonable care and use it only for purposes of using the Services in accordance with these Terms.
Confidentiality obligations do not apply to information that is publicly available without breach, independently developed without use of confidential information, rightfully received from a third party without confidentiality obligations, or required to be disclosed by law, provided that you give us notice where legally permitted.
You must comply with all applicable laws and regulations, including laws relating to e-commerce, consumer protection, product safety, intellectual property, data protection, privacy, taxes, customs, trade compliance, sanctions, anti-corruption, anti-money laundering, export controls, and restricted goods.
You represent that you, your affiliates, owners, directors, officers, authorized users, products, customers, and transactions are not subject to sanctions or restrictions that would prohibit or restrict use of the Services. You must not use the Services in or for the benefit of any country, region, person, entity, or transaction subject to prohibited sanctions or export restrictions.
We may screen, restrict, suspend, or terminate accounts or transactions for compliance reasons.
If you believe that content accessible through the Services infringes your intellectual property rights, you may contact us using the contact email specified in Section 36 with sufficient information for us to evaluate the claim. We may remove or disable access to allegedly infringing content and may terminate repeat infringers where appropriate.
If you are a user whose content has been removed, you may submit a response or counter-notice where applicable. We may forward notices, counter-notices, and related information to affected parties and authorities where permitted or required.
You agree that we may send you service notices, administrative messages, security alerts, billing notices, legal notices, product updates, and other communications electronically, including by email, in-product notifications, website postings, or other reasonable means.
You are responsible for keeping your contact information current. Notices sent to your account email or posted through the Services are deemed received when sent or posted, unless applicable law requires otherwise.
You may not assign, transfer, delegate, or sublicense these Terms or your rights or obligations under them without our prior written consent. We may assign, transfer, delegate, or sublicense these Terms or any rights or obligations under them to any affiliate, successor, acquirer, service provider, or in connection with a merger, reorganization, financing, sale of assets, corporate transaction, or operation of the Services.
We will not be liable for any delay, failure, loss, or damage caused by events beyond our reasonable control, including acts of God, natural disasters, epidemics, pandemics, war, terrorism, civil unrest, labor disputes, governmental actions, power failures, internet or telecommunications failures, cyberattacks, supply chain disruptions, failures of third-party services, marketplace outages, carrier disruptions, payment network failures, or changes in law or policy.
If you are a merchant, company, or user located in the United States, or if your principal place of business is in the United States, these Terms and any dispute, claim, or controversy arising out of or relating to these Terms or the Services will be governed by the laws of the United States and the laws of the State of California, without regard to conflict of laws principles.
Subject to any mandatory law that cannot be waived, the state and federal courts located in California, United States, will have exclusive jurisdiction over any dispute, claim, or controversy arising out of or relating to these Terms or the Services. You and 4Seller consent to personal jurisdiction and venue in such courts.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND 4SELLER EACH WAIVE ANY RIGHT TO A TRIAL BY JURY.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND 4SELLER EACH AGREE THAT ANY PROCEEDING WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE ACTION. NO COURT OR OTHER AUTHORITY MAY CONSOLIDATE CLAIMS OF DIFFERENT USERS OR PRESIDE OVER ANY CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE PROCEEDING, EXCEPT TO THE EXTENT THIS WAIVER IS PROHIBITED BY APPLICABLE LAW.
If you are not located in the United States and your principal place of business is not in the United States, these Terms and any dispute, claim, or controversy arising out of or relating to these Terms or the Services will be governed by the laws of Singapore, without regard to conflict of laws principles. The arbitration agreement in this Section 30 will also be governed by the laws of Singapore.
Any dispute, claim, or controversy arising out of or relating to these Terms or the Services, including the existence, validity, interpretation, performance, breach, termination, or enforceability of these Terms, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre ("SIAC") in accordance with the Arbitration Rules of the SIAC in force at the time of commencement of the arbitration, which rules are deemed to be incorporated by reference into this Section 30. The seat of arbitration shall be Singapore. The arbitral award shall be final and binding on the parties.
The language of the arbitration shall be English, unless the arbitral tribunal determines otherwise or the parties agree otherwise in writing. The number of arbitrators shall be one, unless the applicable arbitration rules or SIAC determine that three arbitrators are appropriate. The parties agree that the arbitration may proceed on the basis of written submissions, remote hearings, or in-person hearings as permitted by the applicable rules.
To the maximum extent permitted by applicable law, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, private attorney general, or representative action.
Nothing in these Terms prevents either party from seeking interim, conservatory, or injunctive relief from any court of competent jurisdiction where necessary to protect intellectual property, confidential information, data security, account integrity, or to preserve assets or evidence.
You acknowledge that unauthorized use of the Services, misuse of our intellectual property, breach of confidentiality, security violations, or misuse of data may cause irreparable harm for which monetary damages may be inadequate. We may seek injunctive, equitable, or other urgent relief without posting bond or proving actual damages, to the extent permitted by law.
If there is a conflict between these Terms and another agreement expressly signed by 4Seller that governs your use of the Services, the signed agreement controls to the extent of the conflict. If there is a conflict between these Terms and product-specific or supplemental terms, the product-specific or supplemental terms control for the relevant product or feature.
If any provision of these Terms is found invalid, illegal, or unenforceable, the remaining provisions will remain in full force and effect. The invalid, illegal, or unenforceable provision will be modified to the minimum extent necessary to make it valid, legal, and enforceable while preserving the parties' original intent as closely as possible.
Our failure to enforce any provision of these Terms is not a waiver of that provision or any other provision. Any waiver must be in writing and signed by an authorized representative of 4Seller.
These Terms constitute the entire agreement between you and 4Seller regarding the Services and supersede all prior or contemporaneous understandings, agreements, representations, and communications regarding the Services, unless a separate written agreement expressly states otherwise.
Questions about these Terms may be sent to:
Email: support@4Seller.com
Address: 230 E Imperial Hwy #300, Brea, CA 92821, USA
Legal notices to 4Seller must be sent in writing to the notice address designated by us. We may update our contact information from time to time by posting updated information through the Services.