obvistock

Terms and conditions

These Terms of Service (“Terms”) govern your access to and use of the services and Obvistock.com’s websites (the “Services”), and any information, text, graphics, or other materials uploaded, downloaded or appearing on the Services (collectively referred to as “Content”). Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services you agree to be bound by these Terms.

Basic Terms

You are responsible for your use of the Services, for any data you provide to or as a result of the Services, verifying your Amazon, Netsuite, inventory & other stats, inputting data or information to the Obvistock.com website, and for any consequences thereof.

You may use the Services only if you can form a binding contract with Obvistock.com and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.

The Services that Obvistock.com provides are always evolving and the form and nature of the Services that Obvistock.com provides may change from time to time without prior notice to you. In addition, Obvistock.com may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.

The Services may include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, or other information. The types and extent of advertising by Obvistock.com on the Services are subject to change. In consideration for Obvistock.com granting you access to and use of the Services, you agree that Obvistock.com and its third party providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others.

Privacy

Any information that you provide to Obvistock.com including, but not limited to Amazon, Netsuite, or otherwise is subject to our Privacy Policy, which governs our collection and use of your information. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by Obvistock.com. As part of providing you the Services, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your Obvistock.com account, which you may not be able to opt-out from receiving.

Passwords

You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. Obvistock.com cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

Your Rights

You retain your rights to any Data you submit on or through the Services. You are responsible for your use of the Services, for any Data you provide, and for any consequences thereof. Obvistock.com will not be responsible or liable for any use of your Data by Obvistock.com in accordance with these Terms.

Obvistock.com Rights

All right, title, and interest in and to the Services are and will remain the exclusive property of Obvistock.com and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use the Obvistock.com name or any of the Obvistock.com trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding Obvistock.com, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you. Obvistock reserves the right to remove any user, or account for any reason.

Obvistock reserves the right to remove any user who does not abide by the Obvistock TOS, guidelines, or other standards listed on Obvistock.com.

API Clients & Data Use

Obvistock not only leverages multiple APIs, including those of Amazon.com, Amazon.co.uk, and NetSuite, but also directly imports your product data to optimize the performance of your inventory. If necessary, we can import your product listing data to ensure seamless integration and up-to-date information. The imported data, as well as API-gathered information, is refreshed daily to ensure no data is stored on our servers, aligning with our stringent privacy standards outlined in our Privacy Policy.

Payment, Refunds, Upgrading, & Downgrading Terms

  1. The Service is billed in advance monthly or annually and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
  2. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes
  3. For any upgrade or downgrade in plan level, the credit card that you provided will automatically be charged the new rate on your next billing cycle. If you downgrade a credit will be provided to your account and applied exclusively to your future subscription costs. Downgrades only provide credits for subscription costs and the funds will not be refunded to the user’s credit card.
  4. Downgrading your Service may cause the loss of Data, features, or capacity of your Account. Obvistock does not accept any liability for such loss.

Cancellation & Termination

  1. Users are solely responsible for properly canceling their account(s). Contacting support (sending an email) via the help & tutorial section, the contact us icon, or the help button in the lower right corner when logged in is the proper way to cancel your subscription.  Be sure to use the email subject line cancel account and state the owner email associated with the account you want to be canceled to ensure the proper account is closed.  At that time a support representative will reply to you within 24-48 hours to confirm your cancelation.   If there are any follow-up questions from the support representative be sure to reply to the support representative ensuring your account is properly closed and your data is protected.
  2. All or part of your Data may be deleted from the Service upon cancellation. Any information deleted can not be recovered once your account is canceled.
  3. Obvistock, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Obvistock service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Data in your Account. Obvistock reserves the right to refuse service to anyone for any reason at any time.

Modifications To The Service & Prices

  1. Users are solely responsible for properly canceling their account. An email or phone request to cancel your account is not considered cancellation. Users can close their account at anytime using the link on the Update Subscriptions page under the Billing & Subscriptions tab. If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.
  2. All or part of your Data may be deleted from the Service upon cancellation. Any information deleted can not be recovered once your account is canceled.
  3. Obvistock, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Obvistock service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Data in your Account. Obvistock reserves the right to refuse service to anyone for any reason at any time.

Restrictions on Content and Use of the Services

We reserve the right at all times (but will not have an obligation) to remove or refuse to any Data and to terminate users or reclaim usernames on the Services. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Obvistock.com, its users and the public.

You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, Obvistock.com’s computer systems, or the technical delivery systems of Obvistock.com’s providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Obvistock.com (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with Obvistock.com (NOTE: crawling the Services is permissible if done in accordance with the provisions of the robots.txt file, however, scraping the Services without the prior consent of Obvistock.com is expressly prohibited); (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Data in such a manner as to interfere with or create an undue burden on the Services.

Copyright Policy

Obvistock.com respects the intellectual property rights of others and expects users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Data has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

We reserve the right to remove Data alleged to be infringing without prior notice and at our sole discretion. In appropriate circumstances, Obvistock.com will also terminate a user’s account if the user is determined to be a repeat infringer. Our designated copyright agent for notice of alleged copyright infringement appearing on the Services is:

  • Obvistock LLC
  • 7204 W. 27th St.
  • suite 220
  • St. Louis Park, MN 55426

Or from Obvistock:

DMCA Notice and Procedure for Copyright Infringement Claims

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;
  • a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
  • identification of the URL or other specific location on the Service where the material that you claim is infringing is located;
  • your address, telephone number, and email address;
  • a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

The Services are Available “AS-IS”

Your access to and use of the Services or any Data is at your own risk. You understand and agree that the Services is provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, OBVISTOCK.COM AND ITS PARTNERS DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Services or any data thereon. Obvistock.com will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services, or any Data. You also agree that Obvistock.com has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Data and other communications maintained by the Services. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from Obvistock.com or through the Services, will create any warranty not expressly made herein.

Links

The Services may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Obvistock.com of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OBVISTOCK.COM AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT OBVISTOCK.COM HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Waiver and Severability

The failure of Obvistock.com to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.

Controlling Law and Jurisdiction

These Terms and any action related thereto will be governed by the laws of the State of Minnesota without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in Hennepin County, Minnesota, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum. If you are accepting these Terms on behalf of a United States federal government entity that is legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you but instead these Terms and any action related thereto will be will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of Minnesota (excluding choice of law).

Entire Agreement

These Terms, the Obvistock.com Rules and our Privacy Policy are the entire and exclusive agreement between Obvistock.com and you regarding the Services (excluding any services for which you have a separate agreement with Obvistock.com that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between Obvistock.com and you regarding the Services.

We may revise these Terms from time to time, the most current version will always be in the footer of Obvistock.com. If the revision, in our sole discretion, is material we will notify you via an @Obvistock.com update or e-mail to the email associated with your account. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.

These Services are operated and provided by Obvistock 7204 W. 27th St. Suite 220 St. Louis Park MN 55426. If you have any questions about these Terms, please contact us.

Effective: July 18th 2023.