Terms of Service

1. ACCEPTANCE OF TERMS

By accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service ("Terms") and all applicable laws and regulations. If you do not agree with these Terms, you are prohibited from using or accessing the Service.

2. DEFINITIONS

"Service" means the software-as-a-service platform, including all features, functionalities, and related services provided by the Company.

"Company," "we," "us," or "our" refers to the service provider.

"User," "you," or "your" refers to the individual or entity accessing the Service.

3. BETA/DEVELOPMENT STATUS

THE SERVICE IS CURRENTLY IN DEVELOPMENT MODE. YOU ACKNOWLEDGE AND AGREE THAT:

The Service may contain bugs, errors, and incomplete features
Functionality may change without notice
Service availability is not guaranteed
Data loss may occur

4. SERVICE DESCRIPTION AND THIRD-PARTY DEPENDENCIES

4.1 Service Functionality

The Service provides analytics and reporting features utilizing data obtained through third-party APIs, including but not limited to Amazon Selling Partner API (SP-API). You acknowledge that:

Service functionality is entirely dependent on third-party API availability
We do not control third-party APIs or their data accuracy
Third-party API access may be modified, suspended, or terminated without notice

4.2 No Guarantee of Data Accuracy

ALL ANALYTICS, INCLUDING LIFETIME VALUE (LTV) CALCULATIONS, SALES DATA, AND REPORTS ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ACCURACY, COMPLETENESS, OR FITNESS FOR BUSINESS DECISIONS. WE EXPRESSLY DISCLAIM ALL LIABILITY FOR:

Incorrect calculations or analytics
Data discrepancies or synchronization errors
Business decisions made based on Service output
Lost opportunities or strategic errors

4.3 Amazon SP-API Compliance

You acknowledge and agree that:

We process Amazon marketplace data in accordance with Amazon's Data Protection Policy
Any Personally Identifiable Information (PII) will be retained for maximum 30 days after order delivery
PII is used solely for order fulfillment, tax calculation, and legal compliance purposes
You must maintain compliance with Amazon's Acceptable Use Policy and all marketplace policies
Amazon may audit our data handling practices, and Service access may be suspended for non-compliance

5. LIMITED LICENSE

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service solely for your internal business purposes.

6. USER RESPONSIBILITIES AND API CREDENTIALS

6.1 API Credentials

You are solely responsible for:

Maintaining valid credentials for third-party services (Amazon Seller Central, etc.)
Ensuring proper API permissions and access rights
Compliance with third-party terms of service
Any consequences of API credential compromise

6.2 Data Authorization

You represent and warrant that you have all necessary rights and authorizations to grant us access to retrieve and process your sales data through third-party APIs.

6.3 Marketplace Compliance

You must:

Maintain good standing with all connected marketplaces
Not use the Service for any purpose that violates marketplace policies
Not attempt to circumvent marketplace restrictions or limitations
Immediately notify us of any marketplace account suspensions

6.4 Audit Cooperation

You agree to cooperate with any audits or compliance reviews initiated by Amazon or other third-party platforms, including providing requested documentation or information about your use of Service-provided data.

7. PAYMENT TERMS AND REFUNDS

7.1 Subscription Fees

Payment obligations are non-cancelable, and fees paid are non-refundable except as expressly provided herein.

7.2 Refund Policy

14-Day Money-Back Guarantee: New subscribers may request a full refund within fourteen (14) days of initial subscription purchase.
Ongoing Service Refunds: After the initial 14-day period, refunds are LIMITED EXCLUSIVELY to:
- The current monthly billing period if Service has not been utilized
- Pre-paid unused future months calculated on a pro-rata basis
No other refunds, credits, or compensation shall be provided under any circumstances.

7.3 Refund Limitations

You expressly waive any right to claim refunds, damages, or compensation beyond the specific refund provisions stated in Section 7.2.

8. DISCLAIMER OF WARRANTIES

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO:

MERCHANTABILITY
FITNESS FOR A PARTICULAR PURPOSE
NON-INFRINGEMENT
AVAILABILITY, RELIABILITY, OR ACCURACY
SECURITY OR ERROR-FREE OPERATION

9. LIMITATION OF LIABILITY

9.1 EXCLUSION OF DAMAGES

IN NO EVENT SHALL THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR:

INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
LOSS OF PROFITS, REVENUE, OR BUSINESS OPPORTUNITIES
LOSS OF DATA OR BUSINESS INTERRUPTION
HARM TO BUSINESS, REPUTATION, OR GOODWILL
ANY DAMAGES ARISING FROM SERVICE MALFUNCTION, ERRORS, OR UNAVAILABILITY
DAMAGES RESULTING FROM UNAUTHORIZED ACCESS OR THIRD-PARTY ACTIONS
INCORRECT ANALYTICS, LTV CALCULATIONS, OR REPORTING ERRORS
BUSINESS DECISIONS BASED ON SERVICE-PROVIDED DATA OR ANALYTICS
THIRD-PARTY API UNAVAILABILITY OR DATA INACCURACIES
AMAZON SP-API CHANGES, SUSPENSIONS, OR TERMINATIONS
FAILURE TO ACHIEVE EXPECTED BUSINESS OUTCOMES

9.2 MAXIMUM LIABILITY

THE COMPANY'S TOTAL CUMULATIVE LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE SERVICE IN THE ONE (1) MONTH PRECEDING THE EVENT GIVING RISE TO LIABILITY.

9.3 ESSENTIAL PURPOSE

THESE LIMITATIONS APPLY REGARDLESS OF LEGAL THEORY AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ACKNOWLEDGE THAT THE FEES REFLECT THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT.

10. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless the Company and its affiliates from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:

Your use of the Service
Your violation of these Terms
Your violation of any third-party rights
Any content you submit, post, or transmit through the Service
Your use of analytics or data provided by the Service
Claims related to your Amazon Seller account or other connected platforms

10.1 Third-Party Platform Indemnification

You specifically agree to indemnify and hold harmless Amazon.com, Inc. and its affiliates from any claims arising from your use of data obtained through our Service, including but not limited to:

Misuse of customer PII
Violation of Amazon's policies
Unauthorized data retention or sharing
Any actions taken based on Service-provided analytics

11. DATA AND PRIVACY

Your use of the Service is subject to our Privacy Policy. You acknowledge that:

We make no guarantees regarding data preservation
You are solely responsible for maintaining backups
We are not liable for any data loss or corruption
Third-party data may be cached temporarily and deleted without notice

11.1 Amazon Data Deletion

In compliance with Amazon's Data Protection Policy:

Customer PII will be automatically deleted 30 days after order delivery
You may not export or retain Amazon customer PII beyond permitted timeframes
We reserve the right to delete any data immediately upon request from Amazon or other third-party platforms
Exception: Data required for tax/regulatory compliance may be archived in cold storage

11.2 Data Deletion Rights

We may delete any or all of your data at any time without notice if:

Required by third-party API providers
Necessary for legal compliance
Account is terminated or suspended
Data retention limits are exceeded

12. MODIFICATIONS

We reserve the right to modify these Terms at any time. Continued use of the Service following any changes constitutes acceptance of the modified Terms.

13. TERMINATION

We may terminate or suspend your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.

13.1 Third-Party Compliance Termination

We shall immediately terminate Service access if:

Amazon or other API providers revoke our access
You violate any third-party marketplace policies
Required by Amazon or other platforms for compliance reasons
We receive notice of policy violations related to your account

13.2 Effects of Termination

Upon termination:

All data may be immediately deleted
No refunds for compliance-related terminations
You remain liable for all fees incurred
Indemnification obligations survive termination

14. GOVERNING LAW AND JURISDICTION

These Terms shall be governed by and construed in accordance with applicable laws, without regard to conflict of law principles. Any disputes shall be subject to binding arbitration under the rules of international commercial arbitration.

15. SEVERABILITY

If any provision of these Terms is held invalid or unenforceable, the remaining provisions shall continue in full force and effect.

16. ENTIRE AGREEMENT

These Terms constitute the entire agreement between you and the Company regarding the Service and supersede all prior agreements and understandings.

17. NO WAIVER

Our failure to enforce any right or provision shall not constitute a waiver of such right or provision.

18. FORCE MAJEURE

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to:

Third-party API outages or changes
Amazon policy changes or access revocations
Marketplace suspensions or restrictions
Changes in data protection regulations
Third-party platform Terms of Service modifications

19. ASSIGNMENT

You may not assign or transfer these Terms without our prior written consent. We may assign our rights and obligations without restriction.

20. CONTACT

For questions regarding these Terms, please contact us at info@dlvinsight.com.

BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.