Sellesta.ai
Terms of Use
Last updated September 20, 2022
Beyond ML LLC, (Republic of Armenia, Yerevan, 0026, Armakhunyats str., 49-22, registration number 269.110.1227465 (hereinafter referred to as the Company) offers the user (hereinafter referred to as the User) to use comprehensive data analysis tool, which is intended to be used by sellers and vendors of online marketplaces to help Users make business decisions on online marketplaces (hereinafter referred to as the Service) on the terms and conditions set out herein (hereinafter referred to as the Terms).
1. Acceptance of Terms
1.1. By starting to use the Service, User expresses their full and unconditional acceptance of all the requirements set out in the Terms. The use of the Service is governed by these Terms, which constitute a legally binding agreement (hereinafter referred to as the Agreement) between User and Company.

1.2. Using the Service on conditions other than those provided herein shall not be allowed unless authorized in writing by Company. If User does not agree to any of the conclusion of the Terms, they shall immediately cease using the Service.
Company reserves the right, at its sole and absolute discretion, to change or modify provisions of these Terms at any time. Any such changes will become effective since the publication of the new version at :
https://sellesta.ai/termsofuse.

1.3. User represents and warrants that they have the full legal capacity necessary to the use of the Service according to the Terms; and acknowledge that they have read the Terms, understand, and agree to be bound by their conditions.
By registering to use, logging into, accessing, or using the Service, or otherwise indicating User’s acceptance to these Terms whenever the option is presented to User: (a) User is acknowledging that they have read and understand the most current version of the Terms; (b) User is representing that they are of legal age to enter into a binding agreement with Company; (c) User is accepting the Terms and agreeing that they are legally bound by the Terms; (d) User is agreeing that the Terms will be deemed to satisfy any requirement under applicable law that an agreement between User and Company be in writing; and (e) User is agreeing that their actions in registering for or logging into the Service or otherwise indicating User’s agreement to the Terms will be deemed to be User’s valid authenticated signature for purposes of any applicable law requiring that the Terms between User and Company be signed by User in writing.

1.4. If User is entering into the Terms on behalf of a company or other legal entity, User represents that they have the authority to bind that person or entity to the Terms, and references to “User” in the Terms will also be read to refer to that person or entity.
2. License and Restrictions
2.1. Subject to all terms and conditions of the Terms, including without limitation any registration requirements, the payment of all applicable charges and fees, and User agreement to and compliance with any additional terms applicable to the Service, Company grants User a limited non-exclusive, nontransferable, non-assignable, non-sublicenseable, revocable license, only when User is in compliance with all terms and conditions of the Terms, and the Terms have not been terminated, to access and use available features of the Service in accordance with all terms and conditions of these Terms. Any software that may be made available by Company in connection with the Service contains proprietary and confidential information that is protected by applicable intellectual property and other laws.

2.2. User may access the Service only for lawful purposes. All rights, title, and interest in and to the Service and its components, content and all related intellectual property rights shall remain with and belong exclusively to Company. User shall maintain the copyright notice and any other notices that appear on the Service on any copies and any media. User agrees not to make any other use of the Service that is not specifically permitted in the Terms without Company’s prior express consent in writing. Without limiting any other term of the Terms, User agrees that they will not:
(i) engage in any act not expressly permitted by the Terms, or access or use the Service in violation of the Terms or in violation of any applicable laws, rules or regulations;
(ii) license, sublicense, sell, resell, provide, lease, lend, use for timesharing purposes, transfer, assign, distribute or otherwise commercially exploit or make available the Service or your right to access or use the Service to any third party in any way (unless Company has given User express permission in writing to do so);
(iii) copy, modify, adapt, publicly display or publicly perform or create derivative works of the Service or any portion thereof (including any content that is not content of User), or decompile, reverse assemble, or otherwise reverse engineer or attempt to hack or otherwise discover any source code or underlying ideas or algorithms of the Service or any portion thereof, except to the extent as may be expressly permitted by law and authorized hereunder;
(iv) copy the Service or any part, feature, function or user interface thereof, access the Service in order to build a competitive product or service;
(v) attempt to gain unauthorized access to, or otherwise impair the integrity, use or security of, the Service or any information accessible thereby (including information of third parties) or any systems or data of Company or a third party;
(vi) interfere with or disrupt the integrity or performance of the Service or its components;
(vii) use the Service to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party privacy or intellectual property rights;
(viii) permit direct or indirect access to or use of any Service in a way that circumvents a contractual usage limit;
(ix) share User's Account login credentials with any third party;
(x) use Service to process, store, transmit or receive any information or materials if prohibited under the Terms, by policies of the given online retailer or by applicable laws, rules or regulations. This paragraph will survive termination of the Terms for any reason.
3. Provision of the Service. Limitations of Use.
3.1. To access the Service the User registers at https://sellesta.ai/ to create an account within the Service. With an Account the User is offered to insert the product code (SKU) or the link to their online marketplace seller’s page to access standard functionality of the Service. Pro functionality is provided to the User on a payment basis (Subscription fee) and enables the User to:
  • generate a listing scoring report within the limit indicated in the Service interface;
  • conduct review analysis within the limit indicated in the Service interface;
  • conduct keyword research for listings within the limit indicated in the Service interface;
  • publish listings via API within the limit indicated in the Service interface.

The User agrees that the Company can change the limits mentioned above at its own discretion.

To access functionality of the Service and synchronize necessary changes within the User’s online marketplace seller’s page the User can give access to their online marketplace API-key to obtain access to page views, sales of a particular unit etc.
The Company can at its sole and absolute discretion set a trial period for the use of Service during which the User may access Service functionality for free of charge for a limited period. The Company reserves the right to alter the duration of trial period. User is notified of the duration of the trial period and its end via the Service interface and by e-mail provided while signing in for the Service.

3.2. To receive the Pro functionality of the Services the User should pay in advance the monthly Subscription fee (including VAT if applicable) indicated on the Service interface when the User makes the subscription . A Subscription fee automatically renews monthly and shall continue until it cancelled by the User by clicking on “Unsubscribe” in the Service interface. In case of any problems with the subscription cancellation, the User should contact [email protected]..

3.3. Service can be provided with advanced functionality on separate conditions of use, which the User will be notified of at the start of using advanced functionality of the Service. To access advanced functionality of the Service the User should contact [email protected] for a custom offer depending on the requirements. The User understands that the operation of the Service may be unencrypted and involve (i) transmissions over various networks; (ii) changes to conform and adapt to technical requirements of connecting networks or devices and (iii) transmission to the Company’s third-party vendors and hosting partners solely to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the Service. The Company shall have no liability to the User for any unauthorized access or use of any of User’s data, or any corruption, deletion, destruction or loss of any of User’s data.

3.4. The User is obliged to provide Company with all data necessary for the performance as contractually agreed upon. The data will be delivered by linking the online marketplace account of the User to User’s Account in the Service. This will grant the Service access to the data available on the online marketplace account of the User and allow its analysis.
The User is solely responsible for complying with any online marketplaces and other third-party terms of use and guidelines regulating use of their platforms. It is the responsibility of the User to analyze and interpret any third-party terms of service applicable to the use of the Service, and the User shall acknowledge that the Company has no control over, and is not a party to, such terms.


3.5. The User is solely responsible for securing credentials to the Service and preventing any unauthorized access of any third-party from accessing the Service on the User’s behalf. The User is responsible for their account and for their confidential data. The User should refer to the login and password as confidential information and not disclose them to third parties. All actions performed from the User’s Account are considered to have been performed by the User.The User may not use the Service for the purpose of carrying out any activity that is aimed at violating the applicable law, the Terms and/or rights and legitimate interest of any third party.

3.6. The User agrees that the Company, at its sole and absolute discretion, has the right to refuse access to the Service completely or partially to its functionality (if applicable), in case of User’s inconsistency with these Terms, including, as a result of obtaining complaints from third parties or notifications from any public authority that the actions of the User may violate the applicable laws..

3.7. The Company reserves the right to change, improve and update the Service at any moment without notifying the User. The User not willing to use the upgraded Service version can either continue using the previous Service version (if applicable and available) at the User’s own risk or stop using the Service.

3.8 Notwithstanding anything in these Terms to the contrary, Company reserves the right to suspend its performance hereunder and/or suspend or limit User’s access to or use of the Service, or to terminate these Terms, immediately and without any liability to User in the event of (i) a breach of these Terms by User or (ii) any act or omission of any of User that in Company’s reasonable discretion, (a) poses a risk of disruption or interference with any portion of the Service (or the security thereof) or with any other user’s use of the Service (or any portion thereof), or (b) constitutes an unreasonable, excessive or abusive use of the Service, Company’s systems or resources. Neither termination of these Terms or suspension of User’s use of the Service relieves User of their obligation to pay any fees due to Company.
4. Intellectual Property
4.1. The exclusive right to the Service is owned by the Company. These Terms shall not grant to the Users any rights to use the Service except as provided directly within the Service interface in accordance with these Terms.

4.2. All trademarks, patents, copyrights, and other intellectual property rights owned by either Party prior to the provision of any Services by Company shall be and shall continue to be owned solely by such Party, and nothing herein shall be deemed to confer any rights to any such intellectual property on the other Party, except as provided herein.

4.3. Company alone (and its licensors, where applicable) shall own all right, title and interest to the Services, including any derivatives, suggestions, enhancement requests, feedback, recommendations or other information provided by User or any other party relating to the Service, and any aggregated metrics, data and trends compiled by Company. This Agreement does not convey to User any rights of ownership in or related to the Services, or any intellectual property rights of Company. Company’s name, logo, and the product and service names associated with the Service are trademarks of Company, and no right or license is granted to use them hereunder. The Service and Company’s proprietary website located at https://sellesta.ai/ (hereinafter referred to as the Webpage) may include trademarks, service marks or logos of third parties, all of which are the property of their respective owners. All content published on the Webpage belongs to Company and/or its licensors under applicable copyright law.

4.4. Notwithstanding anything to the contrary contained herein, Company shall be entitled to adjust the scope of the Service and its functionality to reflect the continuing development of the Service and technical advances. User acknowledges and expressly agrees that any results and proceeds from such adjustments, without respect to whether User had any influence or input, shall accrue to the sole benefit of Company.

4.5. User is prohibited from violating or attempting to violate the security of the Service, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which User is not authorized to access; or (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) accessing or using the Service or any portion thereof without authorization, in violation of these Terms or in violation of applicable law. User may not use any scraper, crawler, spider, robot or other automated means of any kind to access or copy data on the Service, deep-link to any feature or content on the Service, bypass Company’s robot exclusion headers or other measures we may use to prevent or restrict access to the Service. Violations of system or network security may result in civil or criminal liability. Company will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting those who are involved in such violations. User agrees not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Service or any activity being conducted on the Service.

4.6. User hereby grants to Company the non-exclusive, non-transferable, limited, revocable right to use User’s name, trademarks and logo during the terms of the Service being provided to User to communicate the relationship with User. User hereby warrants and represents that it is the true and sole owner of registrations, applications and/or common law rights in and to the trademark, copyright, or other intellectual property rights in and to User’s name, trademark and logo. User agrees that Company may identify User as Company’ customer and may display User’s logo on Company’s partners page on the Webpage.
5. Third Party Content. Compliance with Third Party Policies and Terms
5.1. The Service may integrate and/or interact with third party platforms, including via APIs. User is solely responsible for determining and ensuring that their use of the Service complies at all times with all policies, terms and conditions of third parties that apply to User or their use of the Service in connection with such third parties. User will ensure that their use of the Service will at all times comply with all such policies, terms and conditions, and Company has no responsibility to verify User’s compliance. Company will have no liability to User whatsoever for any loss or harm User may suffer as a result of their failure to comply with all such policies or agreements or their use of the Service in a manner that does not comply with all such policies, terms and conditions.

5.2. Company is not a party to User’s transactions with third parties. User agrees that Company is not a party to any transaction or interaction between them and any third party (including any buyer or seller of any products or services or any operator of a third-party website or service), even if that transaction or interaction is facilitated, in whole or in part, by or through Company or the Service. User’s transactions and interactions with any third party, including payment and fulfillment, and any other terms, conditions, warranties or representations associated with such transactions or interactions, are solely between User and such third party and User expressly acknowledges and agrees that such transactions and interactions are at their own risk. User agrees that Company will not be responsible or liable for any loss or damage of any kind or nature incurred as the result of, or in connection with, any such transaction or interaction. User also understands and agrees that if there is a dispute between User and any third party, Company has no obligation to become involved. Company disclaims all responsibility and liability for these transactions and interactions to the fullest extent permitted by law. User hereby releases Company, its officers, employees, agents and successors in rights from claims, demands and damages of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to User’s transactions or interactions with any third party, including any disputes arising in connection therewith.

5.3. Company has no affiliation, association, endorsement or sponsorship by online marketplace, or any other third-party platforms. It is User’s responsibility to analyze and interpret any third-party terms of service applicable to their use of the Service, and User acknowledges that Company has no control over, and are not a party to, such terms.

5.4.  Without limiting the generality of the foregoing, User acknowledges and agrees that for the Service to work with certain third-party platforms, User must grant Company access to User’s applicable third-party account(s). By incorporating third party platforms into User’s Account with Company, User authorizes Company access to collect, analyze, and use data collected by or via third party platforms, including, without limitation, User’s data.

5.5. By using the Service, User hereby releases Company from, and waives any and all claims or claim rights that User may have against Company, and releases and indemnifies Company against any claims that any third party may have against Company, arising from or related to (i) User’s use of any third party platforms, including if accessed or used via the Service, and (ii) third party terms, applicable privacy policies or any other rules or regulations of such third parties entered into by User or applicable to User.
6. Indemnification
User agrees to indemnify, defend and hold Company, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any and all demands, loss, liability, claims or expenses, judgments, costs, liabilities, including attorneys’ fees and other professional fees and costs, incurred by Company and/or arising out of or resulting from (1) any actual or alleged violation by User of any provisions of the applicable law and the Terms (including any representation or warranty herein); (2) any activity related to User’s Account by User or any other person accessing the Service with User’s password; (3) User’s use of and access to the Service; (4) User’s actual or alleged violation of any third party right; (5) User’s actual or alleged violation of any law, rule or regulation; (6) User’s content or data, including if it causes any damage to a third party. User’s defense, indemnification and hold harmless obligations in this agreement will survive this agreement and User’s use of the Service.
7. Disclaimer of Warranties
7.1. To the fullest extent permitted by the applicable law, Company provides Service on an “as is” and “as available” and makes no representations or warranties of any kind concerning the Service, express, implied, statutory, or otherwise, including, without limitation, merchantability, fitness for a particular purpose. Company does not warrant that the functions or content contained in the Service will be uninterrupted or error-free, that defects will be corrected, or that Company’s servers are free of viruses or other harmful components. In particular, Company makes no representation or warranty that the information provided through the Service, regardless of the source, is accurate, complete, reliable, current, or error-free. Company disclaims all liability for any inaccuracy, error, or incompleteness in the Service.

7.2. Company makes no guarantee or representation of any kind concerning the results of User’s use of the Service. Any testimonials or examples displayed or depicted through the Webpage and/or in the Service are only examples of what may be possible. There can be no assurance as to any particular outcome, including increased income, online marketplace ranking, sales, and/or any other outcome, based on the use of the Service or any other products, programs or service offered by Company.
8. Limitation of Liability
8.1. In no event, under no circumstances and under no legal theory (whether in contract, tort or otherwise) shall Company or Company’s affiliates be liable for any indirect, incidental, consequential or special damages, or for loss of profits or damages arising due to business interruption or from loss or inaccuracy of information, including if and to the extent any of the foregoing arise in connection with this agreement or User’s use or inability to use the Service, whether or not such damages were foreseeable and even if Company were advised that such damages were likely or possible.

8.2. The analytics provided via Service is generated automatically. The Company is not responsible for the use of the Service generated analytics, which the User in its sole risk, including the damage it may cause to the User, the device of the User or third parties, for any loss of the data, violation of rights, or any other damage. Analytics generated via the Service is provided for reference purpose only. Service as a whole, Service generated analytics and its functionality cannot be used for endorsing legally binding and / or relevant actions and / or facts, producing accurate statistics, expressing impartial assessment of the User by the Company or any other third parties, and any other aims which are out of the scope of the Service functionality.

8.3. In no event will the aggregate liability of Company to User for any and all claims arising in connection with this agreement or the Service, exceed $10 as the Service is provided free of charge. User acknowledges that this limitation of liability is an essential term between User and Company relating to the provision of the Service and Company would not provide the Service without this limitation.

8.4. Company shall not monitor, scan, edit or control data uploaded by User to the Service (hereinafter referred to as the Service Content) the Service Content and does not guarantee that the Service Content does not violate any provisions of the Terms, legal acts, and other applicable documents. User acknowledges and agrees that Company shall not preview the Service Content of any kind, hosted and/or distributed via the Service. User acknowledges and agrees that she shall evaluate all the risks associated with the use of Service Content, including the assessment of the reliability, completeness, safety, lawfulness or the utility of such content.
9. Amendments
9.1.  Company reserves the right to change or extend these Terms at any time with effect for the future only, as far as this appears necessary and does not adversely affect User against good faith. An amendment may be necessary in order to adapt to changes in the legal situation. Recent court rulings are also considered changes in the legal situation. Changes and further developments of the Service or other services offered may also require a change or amendment of the Terms.

9.2. Company reserves the right to modify or discontinue the Services at any time with or without notice to you, including without limitation by adding or subtracting features and functionality, third party content, etc. In the event of such modification or discontinuation of the Services, User’s sole remedy shall be to terminate this agreement or cancel her subscription if applicable. Continued use of the Services following notice of any such changes will indicate User’s acknowledgement and acceptance of such changes and satisfaction with the Services as so modified.
10. Dispute Resolution and Governing Law
10.1. All questions and claims related to the use/inability to use the Service shall be send via the feedback form located at: [email protected].

10.2. User agrees that in the event of any dispute between User and Company, User will first contact Company and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation, any court action.

10.3. This agreement shall be governed, construed, and enforced in accordance with the laws of the Republic of Armenia without regard to its conflict of laws rules, or international law or convention.

10.4. All disputes arising from application of the Terms or the use of the Service shall be settled by the court at the Company’s location subject to the mandatory pre-trial settlement of disputes by means of the User requests via the feedback form according to section 10.1. of the Terms.
11. Data Protection
11.1. User hereby acknowledges and agrees that using the Service, Company may receive anonymous statistical data on the use of Service and technical information on the software and devices of User. Such data is processed by the Company in accordance with the applicable law.

11.2. User represents and warrants that during the execution of the Terms they will comply with all the requirements of the applicable legislation on personal data (if such is applicable to the relations of the Parties), and also guarantees that if the transfer of personal data of third parties to the Company takes place, the User has obtained necessary legal basis for processing such data by the Company, and the relevant third parties are notified of the processing of their personal data (if such notification is required by applicable law). The User is solely and fully responsible for compliance with the requirements of the applicable legislation on personal data, releasing the Company, its affiliates, partners and / or counterparties from any claims from third parties (including authorized state bodies).

11.3. Any matters related to the processing of the personal data required to provide the Service, as well as the personal data that the User provides upon the registration or in the process of using the Service shall be governed by the Privacy Policy available at https://sellesta.ai/privacy-policy.

11.4. For any questions related to the processing User information, please contact: [email protected].
12. Miscellaneous
12.1. Force Majeure
Neither Company nor User shall be liable for any delay in performance or non-performance directly or indirectly caused by or resulting from acts of God, fire, flood, accident, pandemic, epidemic, hackers, third party internet providers, government orders, power failures, nuclear destruction, public health crisis, quarantine, riot, war, government intervention, embargoes, employee strikes or other difficulties which are beyond the reasonable control and without negligence or other fault of such party (“Force Majeure”). Any such Force Majeure event shall not relieve User of its payment obligations.

12.2. Severability
The invalidity or unenforceability of any provisions of these Terms shall not affect the validity or enforceability of any other provisions of these Terms, which shall remain in full force and effect. Any provision of these Terms which imposes an obligation after termination or expiration of this agreement shall survive the termination or expiration of this agreement.

12.3. Entire Agreement
These Terms constitute the entire agreement between User and Company with respect to the subject matter of these Terms and supersede and replace any other prior or contemporaneous agreements, representations and understandings of the parties, written or oral, or terms and conditions applicable to the subject matter of these Terms. Company’s past, present, and future affiliates and agents can invoke Company’s rights under this agreement in the event they become involved in a dispute with User. Otherwise, these Terms do not give rights to any third parties.

12.4. Assignment
User may not assign any of her rights under these Terms, and any such attempt will be void. Company may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.
In the event Company is sold to a third party, such a sale will not be deemed a transfer of personal information so long as that third party agrees to assume Company’s obligations under these Terms.

12.5. Independent Contactor
Company shall, at all times, be deemed to be independent contractors and shall not be deemed to be employees, agents, joint venturers, partners or representatives of User, or be authorized or empowered to create any claim, debt or obligation on behalf of User.

12.6. Links
The Webpage and the Service may contain links to third party websites or other resources. User acknowledges and agrees that Company is not responsible or liable for the availability, accuracy, content or policies of third-party websites or other resources. Links to such websites or resources are provided only as a convenience to User and do not imply any endorsement by or affiliation with Company. User acknowledges sole responsibility for and assumes all risk arising from the use of any such third-party websites or resources.

12.7. Headings
The section headings contained in these Terms are for reference purposes only and shall not affect in any way the meaning or interpretation of these Terms.

12.8. Compliance with Law
User is responsible for compliance with the applicable law in using the Service. In all parts of these Terms, unless expressly stated otherwise, the term “applicable law” or “governing law” shall mean both the law of the Republic of Armenia and the laws of countries of the User’s current location or the location of User’s hardware, as well as of other jurisdictions where he performs legally significant acts hereunder, including but not limited to, any and all by-laws, as well as their binding interpretations and clarifications. If the use of any Service function or feature by User is found in breach of the applicable law, User shall refrain from using the Service in its entirety.

12.9. Cancelleation and refund
Cancellation. You can cancel your membership at any time, and you will
continue to have access to the product through the end of the pre-paid
billing cycle. To cancel, please contact us at [email protected]. If you
cancel your membership, your account will automatically close at the end of
your current billing period.

Refund. You will need to contact us at [email protected] to submit a
refund request.
Customer Support will review your request, validate eligibility, and
process the refund as needed.

12.10. Notices
All notices to User will be effective when sent to the last email or physical address User provided to Company when accessing the Service. Any notice to Company will be effective when delivered to Company at: [email protected].

Armenia Yerevan, Shengavit, Arshakunyats ave. 49-22
support@sellesta.com

Armenia Yerevan, Shengavit, Arshakunyats ave. 49-22
[email protected]
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