Seel Shipping Protection Terms Of Service
These terms of service, together with any attached Addenda and any policies expressly incorporated by reference (collectively, this “Agreement”), are entered into by and between Platform (as defined below) and Kover.ai, Inc. dba Seel (“Seel”) and govern Platform’s access to and use of the products, services, applications, and Seel API that Seel provides Platform (collectively, the “Services”). This Agreement also governs any content, data, texts, files, images and other materials or functionality offered on or through the Services. “Platform” means, collectively or individually as the context requires, the person or the entity and any of its affiliates accessing or using the Services.Please read this Agreement carefully before accessing or using the Services. By accessing and using the Services, Platform is agreeing to be bound by this Agreement.BY ACCEPTING THIS AGREEMENT, BY ACCESSING AND USING THE SERVICES, PLATFORM AGREES TO THE TERMS OF THIS AGREEMENT. IF THE PERSON ACCEPTING THIS AGREEMENT IS DOING SO ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THIS AGREEMENT. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THIS AGREEMENT, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SERVICES.
1. DEFINITIONS.
2. INTELLECTUAL PROPERTY.
3. AUDIT.
4. DISCLAIMERS OF WARRANTIES.
5. LIMITATION OF LIABILITY.
6. INDEMNIFICATION.
7. CONFIDENTIALITY AND DATA SECURITY.
8. PRIVACY OF PERSONAL DATA.
9. TERM AND TERMINATION.
10. PUBLICITY.
11. CONSENT TO ELECTRONIC COMMUNICATIONS.
12. THIRD PARTY SERVICES.
13. GENERAL PROVISIONS.
Shipping Protection Addendum
Seel has developed a proprietary Shipping Protection product (the “Shipping Protection”), which covers online purchases that are delayed in delivery and shall be offered on the Platform Website in accordance with the terms and conditions of the Agreement, including this Addendum. The effective date of this Addendum shall be the date on which Platform first accessed or used the Services for the Shipping Protection
1. DEFINITIONS.
2. HISTORICAL ORDER AND SHIPPING DATA.
3. SHIPPING PROTECTION OFFER.
4. SHIPPING PROTECTION FEE.
5. ADMINISTRATION.
6. PLATFORM GOOD FAITH ADMINISTRATION OF SHIPPING PROTECTION.
7. PLATFORM CUSTOMER SERVICES AND SUPPORT.
8. AUDIT.
9. LICENSE TO ACCESS AND USE SEEL API.
10. BETA VERSION AND FEEDBACK.
11. CONFIDENTIALITY AND SECURITY.
12. SUSPENSION OF SERVICES.
13. TERMINATION.
Capitalized terms not defined in this Addendum shall have the meanings stated in the body of the Agreement. If there is any conflict between this Addendum and the body of the Agreement, this Addendum shall control.
9.1. Term. This Agreement shall be effective on Platform’s first access to or use of the Services and will continue in effect until terminated in accordance with this Section 9 (such period during which the Agreement is in effect, the “Term”).
9.2. Termination. Seel may terminate this Agreement or suspend the Services at any time for no reason or any reason, including but not limited to Platform’s violation of this Agreement. Either party may terminate this Agreement for a material breach that is not cured within thirty (30) days after written notice by the other party or immediately upon written notice of termination in the event of a material breach that by its nature cannot be remedied within thirty (30) days. In addition, either party may terminate this Agreement in the event the Services produce unsustainable losses, as determined by the party suffering such losses in its sole discretion, upon fourteen (14) days prior written notice to the other party.
9.3. Effect of Termination. All Addenda in effect on the date this Agreement is terminated shall terminate simultaneously with termination of this Agreement. Upon termination of this Agreement, Platform shall immediately cease use of all Services provided under all Addenda and delete or destroy all copies of the Documentation in the possession or control of Platform, except to the extent necessary to administer Seel Products sold prior to the effective date of termination. Termination of this Agreement shall not impair either party’s then-accrued rights, obligations, liabilities or remedies. For the avoidance of doubt, Seel shall continue to provide the Services to all Customers who have purchased the Seel Product prior to the effective date of termination, and Platform shall continue to administer such Seel Products and provide Seel with all Seel Product Fees received after the effective date of termination in accordance with this Agreement, including any Addenda attached hereto.
9.4. Survival. The following sections will survive the termination or expiration of this Agreement: 2.1, 2.2, 3, 4, 5, 6, 7.1, 7.2, 7.3, 7.4, 8.1, 8.2, 9.3, 9.4, 10, 11, 12.1, 12.2 and 13 in its entirety.