Terms of Service

Welcome to Sellium. These Terms of Service ("Terms") govern your access to and use of the Sellium platform, website, APIs, and related services (collectively, the "Service") provided by Sellium ("we", "us", "our"). By accessing or using the Service, you agree to be bound by these Terms.

1. Acceptance of Terms

By creating an account, subscribing to a plan, or otherwise using the Service, you represent that you are at least 18 years old, have the legal authority to bind your business, and accept these Terms in full. If you do not accept these Terms, do not use the Service.

2. Description of the Service

Sellium is a multi-tenant software-as-a-service (SaaS) platform that provides e-commerce, marketing automation, AI-powered content generation, ad management, social inbox management, and related tools for direct-to-consumer brands and online retailers. The Service is delivered through the Sellium website and APIs.

3. Account Registration

• You must provide accurate, complete, and current information when creating an account.
• You are responsible for safeguarding your account credentials and for all activity under your account.
• You must notify us promptly of any unauthorized access to your account.
• One business entity per account unless otherwise agreed in writing.

4. Subscriptions, Billing, and Payment

• Plans: The Service is offered on monthly subscription plans (Starter, Growth, Pro, Enterprise). Pricing and feature details are available at sellium.app/#pricing.
• Trial: New accounts may receive a 14-day free trial. No payment method is required to start a trial. You may cancel at any time during the trial without charge.
• Billing: Paid subscriptions are billed monthly in advance. You authorize us to charge your payment method on file on the billing date.
• Transaction fees: Each plan includes a per-transaction percentage fee on payments processed through Sellium Connect, as disclosed on the pricing page.
• AI usage: Plans include a monthly allotment of AI credits. Usage beyond the included credits is billed as overage at the per-credit rate disclosed for your plan.
• Taxes: Prices exclude applicable taxes (VAT, GST, sales tax). Taxes are added at checkout based on your billing location.
• Refunds: Subscriptions are non-refundable except where required by law or agreed in writing.
• Cancellation: You may cancel your subscription at any time from the Billing section of your account. Cancellation takes effect at the end of your current billing period.
• Price changes: We may change subscription prices with at least 30 days notice before the change takes effect for existing customers.

5. Your Content and Customer Data

• Your ownership: You retain all rights to products, copy, images, videos, customer data, and other content you upload ("Your Content"). Sellium does not claim ownership of Your Content.
• License to operate the Service: You grant us a worldwide, non-exclusive, royalty-free license to host, reproduce, process, and display Your Content solely to provide the Service to you.
• AI-generated outputs: Content generated by the Service's AI features (ad copy, videos, landing pages, etc.) is provided "as is." You are responsible for reviewing and approving any AI-generated content before publishing or using it commercially.
• Customer data: Personal data of your end customers (shoppers) is processed by us on your behalf. You are the data controller; we are the data processor. See our Privacy Policy and Data Processing Addendum for details.
• Responsibility: You are responsible for the legality, accuracy, and appropriateness of Your Content, including compliance with intellectual property, consumer protection, and advertising laws.

6. Intellectual Property

The Service, including its software, design, trademarks, logos, and documentation, is owned by Sellium and protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable license to access and use the Service subject to these Terms. You may not reproduce, reverse-engineer, copy, resell, or use the Service to create a competing product.

7. Acceptable Use

You agree not to use the Service to:

• Violate any applicable law, regulation, or third-party right;
• Sell illegal products, counterfeit goods, stolen property, or items prohibited by our payment processor's policies;
• Send unsolicited marketing communications in violation of anti-spam laws (CAN-SPAM, CASL, GDPR);
• Upload malicious code, viruses, or content designed to disrupt the Service;
• Attempt to gain unauthorized access to other accounts, tenants, or systems;
• Scrape, harvest, or extract data from other Sellium users;
• Resell, sublicense, or white-label the Service without a written agreement;
• Exceed rate limits or circumvent our technical controls;
• Use the Service to train competing AI/ML models using Sellium-generated content.

We reserve the right to suspend or terminate accounts that violate this section.

8. Third-Party Services

The Service integrates with third-party providers including Stripe, Supabase, Anthropic, Creatify, Meta, Google, and TikTok. Your use of those services is subject to their respective terms. We are not responsible for third-party outages, policy changes, or data handling by those providers.

9. Termination

• By you: Cancel your subscription at any time from your account.
• By us: We may suspend or terminate your access if you materially breach these Terms, fail to pay, engage in fraud, or use the Service in a manner that harms us or other users.
• Effect: On termination, your access to the Service ends. You may export Your Content for 30 days after termination, after which we may delete it in accordance with our data retention policy.

10. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, NOR THAT AI-GENERATED OUTPUTS WILL BE ACCURATE, COMPLETE, OR SUITABLE FOR YOUR PURPOSES.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SELLIUM'S TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNTS YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. IN NO EVENT SHALL WE BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST DATA, OR LOST BUSINESS OPPORTUNITIES.

12. Indemnification

You agree to indemnify, defend, and hold harmless Sellium, its officers, directors, employees, and agents from any claim, demand, loss, or expense (including reasonable legal fees) arising from Your Content, your use of the Service, or your breach of these Terms.

13. Changes to These Terms

We may update these Terms from time to time. Material changes will be communicated by email or in-product notice at least 30 days before taking effect. Continued use of the Service after the effective date constitutes acceptance of the updated Terms.

14. Governing Law and Disputes

These Terms are governed by the laws of the State of Delaware, USA, without regard to conflict-of-law principles. Any dispute shall first be attempted to be resolved through good-faith negotiation. If unresolved, disputes shall be resolved by binding arbitration in Delaware under the rules of the American Arbitration Association, except either party may seek injunctive relief in a court of competent jurisdiction.

15. Contact

Questions about these Terms? Contact us at legal@sellium.app.