Terms of Service

These Terms of Service (the "Terms") listed below constitutes the entire agreement between the Customer or You and SmartBQ ("SmartBQ" or "we," "our" or "us" ), regarding your use of our services specified in the Terms (the software, and services are collectively referred to as the "Service"). Please read these Terms carefully. The term "you" shall also include your employees or other authorised users to the extent applicable and permitted under your authorization of the Service.

The Service

The Service is an add-on for Google SheetsTM which creates .xlsx files for Amazon ads bulk operations and interoperates with our API for retrieving Amazon search data, which displays the output relating to any such interoperation in a Google SheetTM or sidebar generated html.

Eligibility

You must be 18 years of age or older to enter into this agreement and use the Service. You represent and warrant that any information you submit is true and accurate and that you are 18 years of age or older and are fully able and competent to enter into, and abide by these Terms.

Free Trial

We may at our sole discretion offer you free trials for selected features of the Service or a limited time trial period of the entire Service. Once your free trial period ends, your ability to access the Service will terminate. SmartBQ reserves the right to determine if you are eligible for a free trial and to discontinue any free trial without notice at our sole discretion.

Payment

When you subscribe to a plan, you authorise SmartBQ or its third party payment processors to charge the credit card identified by you (which you represent and warrant that you are authorised to use) all applicable fees for your purchase, including all applicable taxes, and you agree that our payment provider can store your credit card information. All sales are final and SmartBQ will not issue refunds. You can cancel your subscription at any time. SmartBQ reserves the right to change subscription price at any time. Active subscriptions will not be impacted by any licence price change.

Use Restrictions

Your right to use the Service is personal, limited to your internal business purposes, non-transferable, non-exclusive, revocable and subject to your compliance with the Terms at all times, including your timely payment of all applicable fees for the Services.

Licence for our Service is restricted to a single user. There may be additional restrictions on purchased licenceses and restrictions may change from time to time. We will take every step to inform you of impending changes in a timely manner. Special license usage terms and/or restrictions may be entered into with SmartBQ through a separate agreement and/or contract that will override these Terms.

Without limiting the generality of the foregoing, you will not:

  • deep-link to any portion of the Service for any purpose without our express written permission;
  • "frame", "mirror," or otherwise incorporate any part of the Service into any other website or app without our prior written authorization; or
  • violate any applicable local, provincial, national, or international law or regulation.

We may at any time suspend or terminate your access to the Service if we have reason to believe that you are not complying with the Terms or you are otherwise abusing the Service.

Support

The Services include access to email support. "Email support" means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by SmartBQ to respond within three business days) concerning the use of the Services. All SmartBQ support will be provided in accordance with SmartBQ standard practices, procedures, and policies.

Damage and liability

You expressly understand and agree that SmartBQ shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to: damages for loss of profits, goodwill, use, data or other intangible losses (even if SmartBQ has been advised of the possibility of such damages).

Marketing

By creating an account, you grant SmartBQ a perpetual worldwide license to use your company's name and logo(s) for the sole purpose of SmartBQ's marketing and sales efforts, such as listing you as a SmartBQ customer on the Website. You may revoke this license at any time by notifying SmartBQ via email.

Copyright Infringement

As SmartBQ asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by SmartBQ violates your copyright, you are encouraged to notify SmartBQ. SmartBQ will respond to all such notices, including as required or appropriate, by removing the infringing material or disabling all links to the infringing material. SmartBQ will terminate a visitor's access to and use of the Services if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of SmartBQ or others.

Intellectual Property

SmartBQ does not transfer to you any SmartBQ intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with SmartBQ. SmartBQs, the SmartBQ logo, and all other trademarks, service marks, graphics and logos used in connection with SmartBQ, or the Services are trademarks or registered trademarks of SmartBQ or SmartBQ licensors. Your use of the Services grants you no right or license to reproduce or otherwise use any SmartBQ trademarks.

Use License

Under this license, you may not:

  • Build a similar or competitive service.
  • In any way, violate any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US, Europe or other countries).
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  • Send, knowingly receive, upload, download, use, or re-use any material that does not comply with this Agreement.
  • Impersonate or attempt to impersonate SmartBQ an SmartBQs employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
  • Engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Service, or which, as determined by us, may harm SmartBQ or users of the Service or expose them to liability.

Changes

SmartBQ reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Services following the posting of any changes to this Agreement constitutes acceptance of those changes. az Bulk Ops may also, in the future, offer new services and/or features through the Services (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

Termination

SmartBQ may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately.

Disclaimer of Warranties

The Services are provided "as is". SmartBQ and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither SmartBQ nor its suppliers and licensors makes any warranty that the Services will be error-free or that access thereto will be continuous or uninterrupted. You understand that you use the Services at your own discretion and risk.

Limitation of Liability

In no event will SmartBQ, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; SmartBQ shall have no liability for any failure or delay due to matters beyond or not within their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

General Representation and Warranty

You represent and warrant that (i) your use of the Services will be in strict accordance with the SmartBQ Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Services will not infringe or misappropriate the intellectual property rights of any third party.

Indemnification

You agree to indemnify and hold harmless SmartBQ, its contractors, its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Services, including but not limited to your violation of this Agreement.