Terms of Service
LAST UPDATED: 08/26/2001
Overnodes Co.,Ltd.(“Overnodes”, “we”, “our”, “us”). develops and operates data analysis software(“Software”), which is intended to be used by sellers and vendors on the Amazon Marketplace. We provide educational services intended to assist merchants selling on Amazon.
The general service descriptions, the current descriptions and specifications of the Software and the Tools and the applicable price list can be found on Overnodes’ website. Other promises, performance promises or collateral agreements are only valid if they are confirmed in writing by Overnodes.
Access to the Platform, the Software and the Tools is provided by Overnodes as a software service via the Internet in the form of the so-called “software-as-a-service”.
Other services, such as support services by Overnodes, are only provided as accompanying services after prior agreement. Overnodes will grant the Customer through the Customer Account the contractually agreed access to the use of the Software and the Tools.
Overnodes is entitled to extend the scope of the Software functions at any time, to adapt them to technical progress and/or to make improvements.
Overnodes is also entitled to introduce additional security measures or similar changes at any time. In such a case, Overnodes will inform the Customer in good time of upcoming maintenance dates, if the availability of the services cannot be warranted for a considerable period of time due to such maintenance work.
Obligations of the Customer
The Customer assures that the information provided by Customer during the creation of Customer’s account and its use or during Customer’s use of the free services is correct and complete. Customer shall inform Overnodes immediately of any changes in the contact data communicated to Overnodes as well as in any other data required for the proper execution of the contract.
Overnodes will inform the Customer of the technical requirements for the use of the Platform or other provided services. Such information is generally available in the product description and specification of the Software available on Overnodes’ website. It is the Customer’s responsibility to ensure that the technical requirements are met, including the availability of required hardware and software as well as a suitable telecommunications connection. On request, Overnodes can advise the Customer with regard to the required hardware and software environment.
Malfunctions, defects and other functional impairments that restrict the use of the Platform or other services provided by Overnodes shall be reported to Overnodes by the Customer immediately after their discovery.
The Customer shall keep any login and password details for access to the Platform secret and keep them safe and inaccessible to third parties. In addition, the Customer shall regularly back up data created in connection with the use of the services in order to prevent permanent data loss and thus minimise the risk of damage.
The Customer shall refrain from taking any measures that could impair or endanger the stability and safety of the Platform or any other Overnodes systems or services.
The Customer is obliged to provide Overnodes with all data necessary for the performance of the services as contractually agreed upon. Customer must ensure that Overnodes is granted all access rights required for this purpose. The Customer grants Overnodes the required right to use the data for the purpose of analysing the delivered data in accordance with the contract.
Services provided by Overnodes may not be used for unlawful or third parties infringing purposes. In the event of a violation, Overnodes may suspend the provision of the services owed with immediate effect or block the Customer’s access to the Platform.
Copyright and License
In so far the Customer pays the fees for the use of the Platform in full and in advance or uses a free Tool, Overnodes grants the Customer a limited, revocable, non-exclusive, non-transferable, and non-sub-licensable right to use the Software, the Platform and the Tools within the scope of the contract and for the respective intended use of the Platform only.
The right to use is limited in time to the respective accounting period the fee has been paid for or, in case of free use, is limited to the contract period. The granting of rights is subject to the condition of full and timely payment of the respective fees due.
The Platform may only be used for its Intended Use. Exploiting or spying out the database by means of other software is not permitted. Overnodes reserves the right to prohibit the Customer’s use of the Platform with immediate effect in the event of any signs of misuse.
Any transfer of the rights to third parties is not permitted.
Limitation of Liability
For paid services, in the case of slight negligence, Overnodes shall only be liable for the violation of an essential contractual obligation. For services provided free of charge, Overnodes shall only be liable for damages caused by intent or gross negligence.
The Customer is solely responsible for the correct setting and use of the Software, including, if necessary, the correct instructions and input of required data. Overnodes is not liable for any misunderstanding or misapplication of the Tools and algorithms by the Customer.
Overnodes is not liable for damages caused by unauthorized access of third parties to the Platform if such damages have been caused because the Customer has not sufficiently protected its login data against access.
Overnodes makes no guarantee or representation of any kind concerning the results of your use of the Website or Service. There can be no assurance as to any particular outcome, including increased income, sales, and/or any other outcome, based on the use of the Service or any other products, programs or service offered by us.
The Customer and Overnodes work together in a spirit of trust. This already applies to pre-contractual contacts and negotiations. The parties shall in each case take the interests of the other party into account and undertake to maintain confidentiality.
The persons entrusted by Overnodes with the execution of the contract are bound to secrecy and data confidentiality.
Customer entrusts Overnodes with access to and analysis of significant and sensitive business data, such as sales and product data. Overnodes’ staff may access and analyse the data, in particular to provide support for Customer.
Overnodes is fully aware of the sensitive nature of the data and undertakes to keep such data strictly confidential and to only use such confidential data for the execution of this contract and the fulfilment of its obligations under this contract. Overnodes undertakes to keep all data and information received from the Customer confidential and not to transmit or otherwise disclose the data and information to third parties.
This Terms and Conditions or the Service shall be stipulated and executed under the laws and regulations of the Republic of Korea. In case of any disputes arising out of or related to use of the Service between the Customer concerned, the Company shall faithfully consult with the other Customer hereto to resolve such issues.
If you have any questions about these terms, please contact us at firstname.lastname@example.org