Last updated: April 29, 2025
1. Acceptance of These Terms
Welcome to Sellers Catalyst LLC (“Sellers Catalyst,” “we,” “our,” or “us”). These Terms of Service (“Terms”) govern your access to and use of sellerscatalyst.com and any related sub-domains, content, functionality, products, and services we make available (collectively, the “Site” and the “Services”). By accessing or using the Site or Services, you (“you” or “Client”) agree to be bound by these Terms and by our [Privacy Policy]. If you do not agree, do not use the Site or Services.
2. Modification of Terms
We may update these Terms at any time in our sole discretion. When we do, we will revise the “Last updated” date above. Material changes take effect 30 days after posting; non-material changes take effect immediately. Your continued use of the Site or Services after the effective date constitutes acceptance of the revised Terms.
3. Eligibility & Authority
You must be at least 18 years old and capable of forming a legally binding contract to use our Services. If you are accessing our Services on behalf of a company or other legal entity, you represent that you have authority to bind that entity to these Terms.
4. Description of Services
Sellers Catalyst provides Amazon-focused e-commerce marketing services, including but not limited to:
Product listing creation and optimization
Enhanced Brand (A+) content design
Amazon PPC campaign strategy and management
Competitor research and market-share analysis
Infographic and lifestyle image production
Full-service Amazon account management
Specific deliverables, timelines, and pricing will be set forth in a mutually executed service agreement, work order, or proposal (each, an “SOW”). If an SOW conflicts with these Terms, the SOW controls for that engagement only.
5. Account Registration & Security
Certain Services require a client portal or third-party tool login. You agree to (a) provide accurate, current information, (b) maintain the confidentiality of log-in credentials, and (c) promptly notify us of any unauthorized access. You are responsible for all activities occurring under your credentials.
6. Fees, Invoicing & Payment
6.1 Fees. You agree to pay all fees specified in each SOW. Unless otherwise stated, fees are quoted and payable in U.S. dollars.
6.2 Invoicing. We invoice according to the schedule in the SOW (e.g., upfront, milestone, or monthly). Payments are due net 15 days unless stated differently.
6.3 Late Payments. Past-due balances incur interest at 1.5% per month (or the maximum rate permitted by law, if lower). We may suspend Services for non-payment.
6.4 Taxes. Fees exclude all sales, use, VAT, and other taxes. You are responsible for applicable taxes except those based on our net income.
7. Intellectual-Property Rights
7.1 Our IP. The Site, its content, and all methodologies, templates, and know-how used in providing Services are our proprietary property or licensed to us. Except for the limited license in Section 7.2, no rights are granted to you.
7.2 License to Deliverables. Subject to full payment, we grant you a worldwide, royalty-free, non-exclusive, perpetual license to use, display, and distribute the final deliverables we create for you under an SOW. We reserve the right to display anonymized or redacted samples of deliverables in our portfolio unless you opt-out in writing.
7.3 Client Materials. You grant us a non-exclusive license to use trademarks, logos, product images, and content you supply solely to perform the Services.
8. Confidentiality
Both parties agree to keep confidential any non-public business, technical, or financial information disclosed under an SOW (“Confidential Information”) and to use it only to fulfill obligations under these Terms. This duty survives for three (3) years after termination, except for trade secrets, which remain confidential indefinitely.
9. Amazon® Disclaimer
Sellers Catalyst is an independent entity. We are not affiliated with, endorsed by, or sponsored by Amazon.com, Inc. “Amazon,” “FBA,” “Seller Central,” and other Amazon graphics or logos are trademarks of Amazon.com, Inc. or its affiliates.
10. Representations & Warranties
Each party represents that it has authority to enter these Terms. We warrant that Services will be performed in a professional and workmanlike manner. YOUR SOLE AND EXCLUSIVE REMEDY for breach of this warranty is reperformance of the non-conforming Services or, if we cannot reperform, a refund of the fees paid for them.
11. Disclaimer of Other Warranties
EXCEPT AS EXPRESSLY PROVIDED, THE SITE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. We do not guarantee specific sales, rankings, or financial outcomes.
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING LOST PROFITS, REVENUE, OR DATA) ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY. OUR AGGREGATE LIABILITY FOR ALL CLAIMS IN A CALENDAR YEAR SHALL NOT EXCEED THE TOTAL FEES YOU PAID TO US FOR THE SERVICES GIVING RISE TO THE CLAIM.
13. Indemnification
You will defend, indemnify, and hold Sellers Catalyst and its officers, directors, employees, and agents harmless against losses, damages, liabilities, and expenses (including reasonable attorneys’ fees) arising from (a) your violation of these Terms, (b) your infringement of any third-party rights, or (c) content or materials you provide to us.
14. Termination
14.1 For Convenience. Either party may terminate an SOW or these Terms for any reason with thirty (30) days’ written notice.
14.2 For Cause. Either party may terminate immediately if the other materially breaches and fails to cure within ten (10) days of written notice.
14.3 Effect of Termination. Upon termination, (a) you will pay all fees due for Services performed up to the effective date, and (b) each party will return or destroy the other’s Confidential Information. Sections 7–13, 15, and 17 survive termination.
15. Governing Law & Jurisdiction
These Terms are governed by the laws of the State of Georgia, USA, without regard to conflict-of-law rules. Any dispute arising out of or relating to these Terms shall be resolved exclusively in the state or federal courts located in Fulton County, Georgia, and each party consents to personal jurisdiction there.
16. Dispute Resolution; Arbitration Option
Before filing suit, the parties will attempt in good faith to resolve disputes through executive-level negotiations for at least 30 days. If unresolved, either party may require binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association, with one arbitrator, in Atlanta, Georgia. Judgment on the award may be entered in any court of competent jurisdiction.
17. Miscellaneous
Entire Agreement. These Terms and all SOWs constitute the entire agreement and supersede all prior proposals or communications.
No Waiver. Failure to enforce any provision is not a waiver.
Severability. If any provision is unenforceable, the remainder remains in effect.
Assignment. You may not assign your rights without our prior written consent; we may assign in connection with a merger, acquisition, or sale of assets.
Independent Contractors. The parties are independent contractors; nothing creates an employment, agency, or joint-venture relationship.
18. Contact Us
If you have questions about these Terms or our Services, please contact:
Sellers Catalyst LLC
Atlanta, Georgia, USA
✉ contact@sellerscatalyst.com
☎ +1 (888) 385-1517