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Terms of Service

Last updated: October 10, 2026

1. Agreement to Terms

These Terms of Service ("Terms") are a binding legal agreement between you ("you", "your", "Customer") and ZSell Inc. ("ZSell", "we", "us", "our"), governing your access to and use of the ZSell website at zsell.ai and all software products we offer, including ZSell Vision (collectively, the "Services").

By creating an account, accessing, or using the Services, you agree to be bound by these Terms. If you do not agree, do not use the Services.

If you are using the Services on behalf of an organization, you represent that you have the authority to bind that organization to these Terms, and references to "you" and "your" also apply to that organization.

2. Eligibility

You must be at least 18 years old and have the legal capacity to enter into contracts to use the Services. By using the Services, you represent and warrant that you meet these requirements.

We currently sell to customers in the United States only. We are completing tax registration in other jurisdictions and would rather decline a sale than take payment for something we cannot properly invoice. If you are outside the United States you may join our waiting list, and we will let you know when this changes.

This restriction is about where you are, not about which Amazon marketplace you want analysed — a customer in the United States may commission a report on any marketplace we cover.

3. Description of Services

ZSell provides software tools and intelligence services for online marketplaces, including Amazon. We offer our products in two ways: as one-off reports you buy individually, and as the Brand Suite, a monthly subscription for ongoing commerce intelligence on a brand.

Our one-off reports include:

  • Brand Evaluation — a structural assessment of how a brand's Amazon channel is composed, sold to acquirers evaluating a brand and, through our Brand Health Check lens, to the brand's own owner. It is the same analysis, written for a different reader; Brand Health Check is a framing of Brand Evaluation, not a separate product.
  • Pre-LOI Brand Assessment — a shorter screening cut of that assessment, for acquirers screening a brand before committing.
  • Brand Channel Check — a single measurement of who else sells under a brand on Amazon.
  • Market Intelligence — an assessment of a single niche.
  • Product Deep Dive — a per-product keyword and competitive read.
  • Competitive Benchmarking — one product measured head to head against named competitors.

The Brand Suite subscription provides continuous Brand Evaluation and periodic re-evaluation together with a monthly allowance of instrument runs (such as Market Intelligence, Product Deep Dive, and Competitive Benchmarking) on a brand's products, as described in Section 5.

The current products, their prices, and what each includes are listed on our website; that pricing page is the authoritative list of what we offer. The specific features and capabilities of each product vary and may change over time.

Reports are generated from publicly available marketplace data and, where a selling partner has explicitly authorised it, from that seller's own Amazon account data.

We reserve the right to modify, suspend, or discontinue any part of the Services at any time, with or without notice. We will provide reasonable advance notice of material changes where feasible.

4. Account Registration and Security

An account is created either when you purchase a report or when you sign up for a Brand Suite subscription. If you buy a report, we create the account that holds it and email you a secure link to it. If you subscribe to the Brand Suite, you register directly as part of signing up. You may set a password at any time to access your account directly.

You agree to:

  • Provide an accurate email address at purchase, since it is how your report is delivered
  • Keep your password and access links confidential
  • Notify us immediately of any unauthorized access to your account
  • Accept responsibility for all activities that occur under your account

We reserve the right to refuse a purchase, or to suspend or terminate accounts that violate these Terms.

5. Payment

5.1 Pay Per Report

Our one-off reports are pay-per-use. Each report is a single purchase at the price shown before you pay — there is no recurring charge, no plan to cancel, and no automatic renewal for an individual report. Buying one report never enrols you in a subscription.

The Brand Suite is our one subscription product; its recurring-billing terms are set out in Section 5.6. Buying individual reports does not enrol you in it, and subscribing to it does not change how one-off reports are billed.

Current pricing is on our website. Where a purchase includes additional niches, that price is shown at checkout before payment.

5.2 Payment and Delivery

Payment is taken once, at checkout, by our payment processor (Stripe). We never receive or store your card details.

Your report is generated after payment and is normally delivered within minutes. You will receive a link to it by email at the address you supplied.

5.3 When We Refund You

We only charge for a report we can deliver.

  • Before payment. If we can confirm that the brand you entered has no presence on the marketplace you selected, we block the purchase rather than take your money.
  • After payment. If we were unable to verify the brand beforehand and the completed analysis finds no footprint, we refund the purchase in full, automatically, and email you to say so. You do not need to ask.
  • Failed analysis. If an analysis you paid for does not complete, we refund it in full, automatically. This applies whether the cause was a fault on our side or a limit we hit while running it.

Beyond those cases, a delivered report is not refundable, because it has been produced and sent. If you believe a report you received is materially wrong, contact us at support@zsell.ai — we would rather look at it than argue about it. Nothing here limits any refund right you have under applicable consumer law.

5.4 Price Changes

Prices may change at any time. The price you pay is the one displayed at checkout for that purchase; a change never affects a report you have already bought.

5.5 Taxes

Prices do not include taxes unless stated otherwise. You are responsible for any applicable sales, use, or value-added taxes.

5.6 Brand Suite Subscription

The Brand Suite is a recurring subscription, billed in advance on a monthly basis at the tier price shown before you subscribe. Unless you cancel, your subscription renews automatically at the end of each billing period, and by continuing your subscription you authorise us (through our payment processor, Stripe) to charge your payment method the then-current tier price for each renewal period until you cancel. Cancellation is covered in Section 13.1.

Organisation, seats, and runs. A Brand Suite subscription belongs to an organisation. Each tier includes a number of seats — the member logins that may draw on the subscription — and a monthly allowance of instrument runs (such as Market Intelligence, Product Deep Dive, and Competitive Benchmarking). The run allowance is pooled: it is shared across all of the organisation's seats and counted per organisation per billing period, regardless of which member performs a run. Brand Evaluation and periodic re-evaluation are included and are not counted against the run allowance. Any unused portion of a period's run allowance does not carry over to the next period; on cancellation, the remaining allowance and seat access end as described in Section 13.1.

Price changes. We may change subscription prices. We will give you reasonable advance notice of a change, and the new price will take effect from your next billing period. If you do not agree to a changed price, you may cancel before it takes effect.

6. Acceptable Use

You agree not to:

  • Use the Services for any unlawful purpose or in violation of these Terms
  • Attempt to gain unauthorized access to the Services or any related systems
  • Reverse engineer, decompile, or disassemble the Services, except where permitted by law
  • Interfere with or disrupt the Services or their servers
  • Transmit viruses, malware, or other harmful code
  • Scrape, harvest, or extract data from the Services using automated means, except through approved APIs
  • Resell, sublicense, or redistribute the Services or data obtained through them without our written permission (for reports you commission, the permission in Section 8.4 is already granted)
  • Misrepresent your identity, affiliation, or the origin of any data
  • Use the Services to violate Amazon's Terms of Service, Acceptable Use Policy, or any other third-party platform rules that apply to your use case

We reserve the right to investigate and take appropriate action against any violation of this section, including suspension or termination of your account.

7. Your Content and Data

7.1 Your Data Remains Yours

You retain all rights to the data you input into or generate through the Services, including seller information, product data, and analysis results. We do not claim ownership of your data.

7.2 License to Operate the Services

You grant us a limited, non-exclusive, worldwide, royalty-free license to use, store, process, and display your data solely for the purpose of providing and improving the Services to you. Amazon Information we access under a Selling Partner API authorization is an exception: we use it only to provide the Services to the seller whose account it came from, as described in our Data Protection Policy, and never to improve the Services or for any other purpose.

7.3 Third-Party Data

Some features of the Services integrate with third-party data sources (including Amazon's Selling Partner API and commercial data providers such as Keepa and Traject Data). Your use of these features is subject to the applicable third-party terms and the authorizations you grant. See our Data Protection Policy for details.

7.4 Feedback

If you provide feedback, suggestions, or ideas about the Services, you grant us a non-exclusive, perpetual, irrevocable, royalty-free license to use that feedback without restriction or compensation.

8. Intellectual Property

8.1 Our Intellectual Property

The Services, including all software, text, graphics, logos, and content (excluding your data), are owned by ZSell Inc. or our licensors and are protected by copyright, trademark, and other intellectual property laws. We grant you a limited, non-exclusive, non-transferable license to use the Services for your internal business purposes, subject to these Terms and to Section 8.4.

8.2 Trademarks

ZSell, ZSell Vision, and related names and logos are trademarks of ZSell Inc. You may not use our trademarks without our prior written consent.

8.3 No Affiliation with Amazon

ZSell Inc. is an independent third-party developer. ZSell and ZSell Vision are not affiliated with, endorsed by, sponsored by, or otherwise associated with Amazon.com, Inc. or any of its affiliates. Amazon, Amazon Seller Central, and all related names, logos, and marks are trademarks of Amazon.com, Inc. or its affiliates, used here only to describe what our Services do. Where our Services access your Amazon Seller account, they do so solely under the authorization you grant, which you may revoke at any time.

8.4 Reports You Commission

A report you purchase is yours to use in your work, including inside a deliverable you provide to a client. You may reproduce it in whole or in part, and you may forward it unchanged, provided that:

  • ZSell Inc. is identified as the source of any finding reproduced from it;
  • you do not present its measurements as your own, and do not remove the methodology, data-source, or scope statements the report carries; and
  • you do not offer reports generated through the Services as a standalone product for sale.

This licence covers the report you commissioned, for the engagement you commissioned it for. The restriction in Section 6 on reselling, sublicensing, or redistributing the Services applies to the Services themselves, not to a report delivered to you under this Section.

Attribution is a condition rather than a courtesy: a report's value to your client rests on their being able to see where a finding came from and re-run it themselves.

9. Third-Party Services

The Services may integrate with or link to third-party services (such as Amazon, Keepa, Traject Data, Google, Stripe, and others). We are not responsible for the content, privacy practices, or availability of third-party services. Your use of third-party services is governed by their respective terms and policies.

10. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY.

WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; THAT ANY DATA OR ANALYSIS PROVIDED WILL BE ACCURATE OR COMPLETE; OR THAT THE SERVICES WILL MEET YOUR SPECIFIC REQUIREMENTS.

DECISIONS YOU MAKE BASED ON DATA, ANALYSES, OR RECOMMENDATIONS PROVIDED BY THE SERVICES ARE YOUR SOLE RESPONSIBILITY. THE SERVICES ARE DECISION-SUPPORT TOOLS, NOT SUBSTITUTES FOR PROFESSIONAL JUDGMENT.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ZSELL INC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICES.

OUR TOTAL AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US FOR THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

12. Indemnification

You agree to defend, indemnify, and hold harmless ZSell Inc. and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

  • Your violation of these Terms
  • Your misuse of the Services
  • Your violation of any rights of a third party, including intellectual property rights
  • Your violation of Amazon's or any other third-party platform's terms of service through your use of our Services

13. Termination

13.1 Termination by You

For one-off reports there is nothing to cancel — each is a single purchase, so simply stopping means nothing further is charged.

If you subscribe to the Brand Suite, you may cancel at any time by writing to policy@zsell.ai (or through any cancellation option provided in your account). Cancellation stops future renewals; your subscription — including seat access and any remaining pooled run allowance — continues until the end of the billing period you have already paid for, and then ends. We do not refund any part of a billing period already paid: cancelling partway through a month does not entitle you to a partial-month refund.

You may ask us to close your account and delete your data at any time by writing to policy@zsell.ai; we handle such requests as described in our Privacy Policy.

13.2 Termination by Us

We may suspend or terminate your access to the Services at any time, with or without notice, if you violate these Terms or engage in behavior that we reasonably believe poses a risk to us, our users, or third parties.

13.3 Effect of Termination

Upon termination, your right to use the Services ends immediately. We may retain your information as described in our Privacy Policy and as required by law. Sections of these Terms that by their nature should survive termination (including intellectual property, disclaimers, limitations of liability, indemnification, and governing law) will survive.

14. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Texas, United States, without regard to its conflict of laws principles. Any dispute arising out of or relating to these Terms or the Services shall be resolved in the state or federal courts located in Fort Bend County, Texas, and you consent to the personal jurisdiction of those courts.

15. Changes to These Terms

We may update these Terms from time to time. When we make material changes, we will notify you by email (if you have an account) and by posting the updated Terms on our website. Continued use of the Services after the effective date of the revised Terms constitutes your acceptance of the changes. If you do not agree to the revised Terms, you must stop using the Services.

16. General Provisions

16.1 Entire Agreement

These Terms, together with our Privacy Policy and Data Protection Policy, constitute the entire agreement between you and ZSell Inc. regarding the Services and supersede any prior agreements.

16.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.

16.3 Waiver

Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

16.4 Assignment

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

17. Contact Us

If you have questions about these Terms, contact us at:

ZSell Inc. Email: policy@zsell.ai Address: 3310 Hopper Knoll Ln, Fulshear, TX 77441, USA

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zsell

E-commerce intelligence. Deterministic-first, AI-interpreted, Human-controlled.

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  • 3310 Hopper Knoll Ln, Fulshear, TX 77441, USA

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