SellerScale Terms of Use

Preamble

The SellerScale website and application, accessible at sellerscale.ai, are published by Axiom Systems Lab LLC, a limited liability company incorporated under the laws of Wyoming, whose registered office is located at 30 N Gould St, Ste R, Sheridan, WY 82801, United States, registered with the Wyoming Secretary of State under number 2026-002039014 (hereinafter the "Publisher"). The publication director is Christophe Halin. The Publisher may be contacted through the contact form on the Site (sellerscale.ai/contact).

These Terms of Use (the "Terms of Use") define the rules for accessing and using the Service. They apply to every User from the creation of an Account, including where the User only uses the Free plan. The financial terms of the subscriptions (price, free trial, payment, right of withdrawal, termination of the Subscription) are set out in the General Terms of Sale and Subscription (the "Terms of Sale"), which supplement these Terms of Use. In the event of a contradiction between the two documents on a question of price or subscription, the Terms of Sale prevail.

By creating an Account, you confirm that you have read, understood and accepted these Terms of Use.

Article 1. Definitions

In these Terms of Use, the following terms, when capitalized, have the meaning given to them below.

"Publisher": the company Axiom Systems Lab LLC, identified in the preamble, together with, where applicable, any entity substituted for it under the conditions of article 13.

"Service": the SellerScale SaaS application and all of its features, in particular the consolidation of Market Data, the calculation of Estimates, the suggestion of product ideas calibrated on the budget declared by the User, the step-by-step educational launch plan, the profitability calculator, the dashboard connected to the User's Amazon seller account and, for the highest Plan, links to profiles of independent third-party suppliers.

"User": any natural person of full age holding an Account, whether they use the Service as a consumer or in a professional capacity.

"Consumer": any User who is a natural person acting for purposes which fall outside their commercial, industrial, craft, professional or agricultural activity.

"Market Data": the publicly accessible data relating to the Amazon marketplace (displayed prices, rankings, estimated search volumes, product characteristics and comparable information) which the Service collects, consolidates and formats.

"Estimates": the numerical results produced by the Service from the Market Data and the information entered by the User, in particular the estimated margin, the estimated maximum purchase cost and the estimated fees. Estimates are, by their nature, indicative and not guaranteed.

"Account": the User's personal area within the Service, created in accordance with article 3.

"Plans": the access formulas for the Service, namely the paid Starter, Growth and Ambition subscriptions, whose prices, details and conditions appear in the Terms of Sale and on the pricing page of the Site, as well as the Free plan, in which the products offered are displayed blurred.

"Founder rate": the preferential rate defined in article 9 of the Terms of Sale.

Article 2. Purpose

The purpose of these Terms of Use is to define the conditions under which the Publisher makes the Service available to Users and the rules that each User undertakes to comply with when using it. They do not create any company, mandate, agency or partnership relationship between the Publisher and the User.

Article 3. Access to the Service and Account

3.1. Creation of the Account. Access to the Service requires the creation of an Account. Authentication is provided by the service provider Clerk. The User may register using an email address or via their Google, GitHub or Apple account. The User undertakes to provide accurate information and to keep it up to date, in particular the budget they declare for the calibration of product ideas.

3.2. Capacity. The Service is reserved for natural persons aged 18 or over with full legal capacity. By creating an Account, the User declares that they meet these conditions.

3.3. One Account per person. Each User may hold only one Account. Login credentials are strictly personal and confidential. The User shall not disclose them to a third party or share their Account. The User shall inform the Publisher without delay, through the contact form on the Site, of any unauthorized use of their Account of which they become aware.

3.4. Equipment and connection. Access to the Service requires an internet connection and compatible equipment, the costs of which remain the responsibility of the User.

Article 4. Nature of the Service, data and estimates

This article describes what the Service is, what it is not, and the role that remains yours. It is an essential part of your agreement with the Publisher: take the time to read it.

4.1. A decision-support tool. SellerScale is designed to save you time and to structure your thinking. The Service provides you with means, ideas and suggestions: product ideas calibrated on the budget you declare, an educational launch plan, a profitability calculator and a tracking dashboard. It informs your decisions; it does not make them for you.

4.2. Public data, estimates acknowledged as such. The Service consolidates publicly accessible Market Data and derives Estimates from it: estimated margin, estimated maximum purchase cost, estimated fees. These figures are the result of calculations based on data that changes constantly. They are indicative orders of magnitude, useful for comparing and prioritizing, but they are neither certified nor guaranteed. The Publisher does not guarantee the accuracy, the completeness or the timeliness of the Market Data, which comes from third-party sources.

4.3. What the Service does not provide. The Service provides no investment advice, no financial, legal, accounting or tax advice, and no personalized purchase recommendation. Product ideas and Estimates are general suggestions resulting from the algorithmic processing of Market Data; they do not take account of your personal, asset or tax situation. If you need advice suited to your situation, consult a qualified professional (certified public accountant, lawyer, tax adviser).

4.4. Your role as decision-maker. Creating and growing an Amazon FBA store is a commercial activity. Like any commercial activity, it involves risks: there is no such thing as zero risk. No result, revenue or profit is guaranteed by the Publisher. You decide alone, independently and under your sole responsibility, on your choice of products, your suppliers, your resale prices and your financial commitments, in particular your stock purchases. Your results depend on your execution, your decisions and market conditions.

4.5. Your consumer rights are preserved. Nothing in these Terms of Use deprives you of the rights granted to you by law as a consumer, and nothing requires you to waive them. The sole purpose of this article is to describe the nature of the Service accurately, so that you use it with full knowledge of the facts.

Article 5. Rules of use and prohibited conduct

5.1. Compliant use. The User undertakes to use the Service in accordance with these Terms of Use and with applicable laws, and for their own needs only, in connection with their Amazon selling project.

5.2. Prohibited conduct. The following are prohibited in particular:

  1. extracting, copying, collecting or reusing, by any automated or manual means (scraping, robots, scripts, crawlers), all or a substantial part of the contents, the consolidated Market Data or the Estimates of the Service, the database of the Service being protected by the sui generis right of the database producer (articles L342-1 et seq. of the French Intellectual Property Code);
  2. reselling, renting, lending, publishing or making available to third parties, free of charge or for a fee, the contents, data or results of the Service;
  3. using the Service to design, feed or improve a competing product or service;
  4. circumventing, disabling or disrupting the security measures or the technical limitations of the Service, or attempting to access data or accounts that are not their own;
  5. decompiling, disassembling or reverse engineering the Service, except in cases strictly permitted by law;
  6. creating several Accounts, impersonating a third party or providing false information;
  7. deliberately overloading the infrastructure of the Service or introducing malicious programs into it.

5.3. Reporting. The Publisher may implement mechanisms to detect abusive use. Any User may report abuse through the contact form on the Site.

Article 6. License and intellectual property

6.1. Ownership by the Publisher. The Service, its structure, its interface, its texts, its graphic elements, its software, its algorithms, its databases, its trademark and its domain name are the exclusive property of the Publisher or of its licensors. These Terms of Use do not transfer any intellectual property rights to the User.

6.2. License to use. The Publisher grants the User, for the duration of their registration with the Service and within the limits of their Plan, a personal, non-exclusive, non-transferable and non-assignable license to use the Service, for their own needs only. Any use not expressly authorized is prohibited.

6.3. Data entered by the User. The User remains the owner of the information they enter into the Service. They authorize the Publisher to process it solely for the purposes of providing and improving the Service, under the conditions described in the Privacy Policy.

6.4. Third-party trademarks. Amazon, Alibaba and all other trademarks cited in the Service belong to their respective owners. SellerScale is neither affiliated with, nor sponsored by, nor endorsed by Amazon or Alibaba. These trademarks are cited for strictly descriptive purposes.

Article 7. Connected Amazon accounts (SP-API and Amazon Ads)

7.1. Optional connection. The dashboard of the Service may be connected to the User's Amazon seller account by means of Amazon's SP-API. This connection is made at the initiative of the User, who authorizes access from their own Amazon account.

7.2. Read only for the seller account. The access of the Service to the seller account data is read only. The Service does not modify any data in the User's Amazon seller account, does not publish anything there and does not carry out any operation there.

7.3. Dependence on Amazon. The availability and the operation of this connection depend on Amazon's services, rules and technical interfaces, over which the Publisher has no control. If Amazon interrupts or modifies the SP-API, the Publisher will use reasonable means to restore or adapt the feature, without being able to guarantee a result or a timeframe.

7.4. Revocation. The User may revoke the access authorization at any time, from the Service or from their Amazon account.

7.5. Advertising autopilot. Where their Plan includes it, the User may connect their Amazon advertising account (Amazon Ads) and entrust one or more campaigns to the Service's automatic management. On the entrusted campaigns only, the Service adjusts, at most once a day, the keyword bids, within limits set in advance, and the daily budget, set to the amount chosen by the User. It never creates, deletes or pauses a campaign. Without an entrusted campaign, the Service changes nothing in the advertising account. The User may take back control of a campaign or disconnect at any time. Details are set out in the privacy policy for Amazon account data (in French).

Article 8. Third-party links and suppliers (Alibaba)

8.1. Simple introduction. The highest Plan gives access to links to profiles of independent third-party suppliers referenced on the Alibaba platform. This referencing constitutes a simple documentary introduction. The Publisher is not a party to the exchanges or to the transactions between the User and these suppliers, receives no remuneration, commission or benefit from the referenced suppliers, and acts neither as an agent, nor as a broker, nor as a purchasing center.

8.2. No warranty. The Publisher does not guarantee the existence, the reliability or the solvency of the referenced suppliers, nor the quality, the conformity or the delivery of the goods ordered from them. Before entering into any commitment, it is for the User to check the supplier themselves (customary checks, samples, contractual terms) and to comply with the regulations applicable to the import and the placing on the market of the products they choose.

8.3. Direct relationship. Any order placed with a third-party supplier falls exclusively within the contractual relationship between the User and that supplier, where applicable under the terms of the Alibaba platform.

Article 9. Availability and development of the Service

9.1. Best-efforts obligation. The Publisher undertakes to provide the Service with diligence and in accordance with professional standards, under a best-efforts obligation (obligation de moyens). Given the nature of the internet and the technical dependencies of the Service, continuous and error-free access cannot be guaranteed.

9.2. Maintenance. The Publisher may temporarily suspend access to the Service for maintenance, update or security operations. As far as possible, scheduled maintenance is announced in advance and planned for times of lower use.

9.3. Development. The Service evolves continuously. The Publisher may add, modify or withdraw features, provided that it does not substantially degrade the essential features of the Plan subscribed to. If a change were to substantially degrade the Service for a subscribed User, that User would have the rights provided for by the Terms of Sale and by law.

Article 10. Liability

10.1. Liability of the Publisher for the Service. The Publisher is responsible for providing the Service under the conditions of article 9, under a best-efforts obligation. It is liable for direct damage caused by a proven breach of its obligations, under the conditions provided for by law.

10.2. Business decisions of the User. In accordance with article 4, business decisions belong to the User alone. The Publisher is not liable for losses resulting from the User's own business decisions, in particular the choice of a product, the purchase of stock, the setting of a resale price or the relationship with a supplier, including where those decisions relied on Estimates or product ideas provided by the Service. This exclusion does not apply in cases where the law prohibits such exclusion, in particular in the event of gross negligence or willful misconduct by the Publisher.

10.3. General limits. Nothing in these Terms of Use excludes or limits the liability of the Publisher in the event of fraud, gross negligence, personal injury or in any other case where such exclusion or limitation would be contrary to an applicable mandatory provision.

10.4. Cap applicable to professional users only. If the User uses the Service in a professional capacity, the total liability of the Publisher toward them, on all grounds combined, is capped at the total amount of the subscription sums actually paid by that User during the 12 months preceding the triggering event. This cap does not apply under any circumstances to Users acting as consumers, whose legal rights remain intact.

10.5. Liability of the User. The User is responsible for the use they make of the Service, for compliance with these Terms of Use and for the compliance of their own business activity with the regulations applicable to it (taxation, customs, product safety and Amazon's rules, in particular).

Article 11. Suspension and termination of the Account

11.1. Suspension or termination by the Publisher. In the event of a breach by the User of these Terms of Use, the Publisher shall send a formal notice by email describing the breach and inviting the User to remedy it within a reasonable period, which may not be less than 7 days. Failing remedy, the Publisher may suspend or terminate the Account. In the event of serious abuse (in particular fraud, breach of the security of the Service, mass data extraction or identity theft), the Publisher may suspend the Account immediately, without prior formal notice, and shall then notify the User as soon as possible, allowing them to submit their observations.

11.2. Effects. The suspension or the termination of the Account results in the interruption of access to the Service. The financial consequences (the treatment of the current subscription, any refunds) are governed by the Terms of Sale and by law. In the event of termination for serious abuse attributable to the User, the Publisher may retain the sums for the current period as lump-sum compensation for its loss, without prejudice to any additional damages and subject to the mandatory rights of the Consumer.

11.3. Closure by the User. The User may close their Account at any time from their personal area, under the conditions provided for by the Terms of Sale, which organize a simple and free-of-charge online termination. Closing the Account constitutes termination of the Subscription with effect at the end of the current Billing Period; the User retains access until that date. If the User requests the immediate deletion of the Account, they are informed of this and expressly waive the remaining access, without refund.

11.4. Survival. The articles which, by their nature, are intended to survive the end of the contract (in particular intellectual property, liability, governing law) remain applicable after the closure of the Account.

Article 12. Amendment of the Terms of Use

The Publisher may amend these Terms of Use, in particular to take account of developments in the Service, in regulations or in its organization. Any substantial amendment is notified to the User by email at least 30 days before it enters into force. If the User refuses the amendment, they may terminate their subscription free of charge before its date of entry into force, under the conditions provided for by the Terms of Sale. Continued use of the Service after that date constitutes acceptance of the amended Terms of Use. The version in force, dated and numbered, is accessible at any time on the Service.

Article 13. Assignment

The Publisher may assign or transfer the contract, in whole or in part, to any entity belonging to the same group or succeeding to the rights of the Publisher, in particular in the event of restructuring, change of corporate form or transfer of business. The User is informed of this in advance by email. This assignment may not reduce the rights of the User: the assignee takes over all of the commitments of the Publisher, including, expressly, the benefit of the Founder rate (defined in article 9 of the Terms of Sale) for the Accounts which hold it, for as long as their subscription remains active. If the User does not wish to continue the contract with the assignee, they may terminate it free of charge under the conditions provided for by the Terms of Sale. The User may not assign their Account or their rights under these Terms of Use, the license granted being personal.

Article 14. Force majeure

Neither party may be held liable for a failure to perform its obligations caused by an event of force majeure within the meaning of article 1218 of the French Civil Code, in particular a natural disaster, an armed conflict, a generalized failure of telecommunications networks, a major failure of an infrastructure provider or a mandatory decision of a public authority. Performance of the obligations is suspended for the duration of the event. If the impediment continues beyond 60 days, either party may terminate the contract without compensation, the sums corresponding to periods of service not provided being refunded to the User.

Article 15. Severability

If a provision of these Terms of Use is held to be void, unlawful or unenforceable by a court or a competent authority, it shall be deemed unwritten, to the strictly necessary extent, without affecting the validity of the other provisions. The parties agree that the provision set aside will be replaced by a valid provision with an economic and legal effect as close as possible to it.

Article 16. Governing law and jurisdiction

16.1. Governing law. These Terms of Use are governed by French law. However, if the User is a consumer habitually resident in another country, in particular in Belgium, Switzerland, Morocco or Quebec, this choice does not deprive them of the protection of the mandatory and more protective provisions of the law of their country of habitual residence, which are expressly reserved and apply instead of French law whenever they are more favorable to them.

16.2. Amicable resolution. In the event of a difficulty, the User is invited to contact the Publisher first through the contact form on the Site (sellerscale.ai/contact). The Publisher undertakes to reply within a reasonable time and to seek an amicable solution in good faith.

16.3. Jurisdiction. Failing an amicable solution, disputes fall within the jurisdiction of the courts having jurisdiction under the applicable rules. The rules of jurisdiction protecting consumers are expressly reserved: a consumer may in particular bring proceedings before the court of their place of residence where the law so permits, and nothing in these Terms of Use may be interpreted as depriving them of this. For Users acting in a professional capacity and to the extent permitted by the applicable law, jurisdiction is granted to the courts within the jurisdiction of the cour d'appel de Paris (Paris Court of Appeal).

Article 17. Contact

For any question relating to these Terms of Use or to the Service, the User may contact the Publisher through the contact form on the Site (sellerscale.ai/contact).