Last updated: May 1, 2026
These Terms of Service ("Terms") govern your access to and use of the websites, software applications, marketplace tools, dashboards, APIs, and services (collectively, the "Services") provided by Seller Splash ("Seller Splash," "we," "us," or "our"). By accessing or using the Services, you ("you," "your," or "Customer") agree to be bound by these Terms. If you do not agree to these Terms, do not access or use the Services.
Seller Splash provides e-commerce marketing services and software tools to online sellers, including but not limited to:
Specific deliverables, scopes, and service levels for agency engagements are defined in a separate written client agreement, statement of work, or order form ("Service Agreement"). Software tools may be made available on a subscription, free, or trial basis as described at the time of sign-up.
To use certain Services, you must register an account. You agree to:
You must be at least 18 years old and have the legal authority to enter into these Terms on behalf of yourself or the entity you represent. The Services are intended for commercial use by businesses and authorized representatives of businesses.
Many of our Services require you to authorize Seller Splash to access your marketplace seller accounts through each marketplace's standard authorization flow (for example, Amazon's OAuth/Login with Amazon flow, Walmart's Seller Center authorization, Shopify's OAuth flow). By authorizing Seller Splash:
You remain solely responsible for compliance with each marketplace's policies, terms of service, and applicable laws governing your selling activity on those marketplaces.
You agree not to, and not to permit any third party to:
Fees for the Services are described in your Service Agreement, on the relevant pricing page, or at the point of sign-up. Unless otherwise stated:
We may modify our fees with at least 30 days' prior notice. Continued use of the Services after the effective date of a fee change constitutes acceptance of the new fees.
The Services, including all software, source code, design, text, graphics, trademarks, logos, and content (excluding Customer Data), are owned by Seller Splash or our licensors and are protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services solely for your internal business purposes during the term of these Terms.
"Customer Data" means data, content, and materials that you, your authorized users, or your authorized marketplaces provide or make available to Seller Splash through the Services, including marketplace seller data accessed via authorized API connections. As between you and Seller Splash, you retain all right, title, and interest in and to Customer Data and your own intellectual property. You grant Seller Splash a limited, non-exclusive, worldwide license to access, use, host, copy, and process Customer Data solely as necessary to provide and improve the Services and to comply with applicable law and marketplace requirements.
If you provide feedback, suggestions, or ideas about the Services, you grant Seller Splash a perpetual, irrevocable, royalty-free, worldwide license to use that feedback without restriction.
Marketplace and platform names, logos, and trademarks (including Amazon, Walmart, Shopify, eBay, Target, Etsy, Google, Meta, TikTok, and others) are the property of their respective owners. Seller Splash is an independent company and is not affiliated with, endorsed by, or sponsored by any of these marketplaces or platforms.
Our collection, use, storage, and protection of personal information and marketplace seller data is described in our Privacy Policy, which is incorporated by reference into these Terms.
We comply with applicable marketplace data protection requirements, including (without limitation) Amazon's Data Protection Policy and Acceptable Use Policy, Walmart's API Terms of Use and data handling requirements, and Shopify's Partner Program Agreement. We implement industry-standard technical and organizational measures to protect Customer Data, including encryption in transit and at rest, role-based access controls, and incident response procedures.
The Services may interoperate with or rely on third-party platforms, marketplaces, and services that are not owned or controlled by Seller Splash. We are not responsible for:
Your use of third-party platforms is governed by the terms and policies of those platforms, and you are responsible for complying with them.
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SELLER SPLASH DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY.
WE DO NOT WARRANT THAT:
You acknowledge that marketplace performance is influenced by many factors outside our control, including marketplace algorithm changes, competition, pricing, product quality, and seasonality.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, SELLER SPLASH AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, GOODWILL, DATA, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS PAID BY YOU TO SELLER SPLASH IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).
These limitations apply regardless of the legal theory of the claim (contract, tort, statute, or otherwise) and survive termination of these Terms.
You agree to indemnify, defend, and hold harmless Seller Splash and its officers, directors, employees, and agents from and against any claims, damages, liabilities, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:
These Terms remain in effect for as long as you use the Services or have an active account with Seller Splash.
You may terminate your use of the Services at any time by canceling your account or by following the termination process described in your Service Agreement. Termination does not relieve you of any payment obligations accrued before the termination date.
We may suspend or terminate your access to the Services, with or without notice, if:
Upon termination, your right to access the Services ends. We will delete or anonymize Customer Data in accordance with our Privacy Policy and applicable marketplace data retention requirements. Sections that by their nature should survive termination (including IP, disclaimers, limitation of liability, indemnification, and dispute resolution) will survive.
We may modify the Services or these Terms at any time. Material changes to these Terms will be communicated by updating the "Last updated" date and, where appropriate, by additional notice (such as email or in-product notice). Continued use of the Services after the effective date of a change constitutes acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Services.
These Terms are governed by the laws of the State of New York, without regard to its conflict of laws principles. Any dispute arising out of or related to these Terms or the Services shall be resolved exclusively in the state or federal courts located in New York, and you consent to the personal jurisdiction of those courts.
If you are a consumer in a jurisdiction that grants non-waivable rights, nothing in this section limits those rights.
If you have questions about these Terms, please contact us at:
Seller Splash
Email: info@sellersplash.com
Website: https://sellersplash.com