Terms of Service
Our service agreement and your rights and responsibilities
Last updated: January 15, 2025
1. Agreement to Terms
By accessing or using OctoPicks ("we," "our," or "us"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these terms, you may not access the service. These Terms constitute a legally binding agreement between you and OctoPicks.
2. Service Description
OctoPicks provides a subscription-based service that delivers daily curated lists of trending Amazon products based on data analysis. Our service includes:
- Product Analytics: Daily analysis of Amazon product performance metrics
- Trending Products: Curated lists of products showing positive momentum
- Data Insights: Information about Best Seller Rank changes, price stability, and review growth
- Educational Content: Blog posts and analysis about e-commerce trends
3. User Eligibility and Account Creation
3.1 Eligibility
You must be at least 18 years old to use our service. By using OctoPicks, you represent that you meet this requirement.
3.2 Account Responsibility
- You are responsible for maintaining the confidentiality of your account credentials
- You agree to notify us immediately of any unauthorized use of your account
- You are responsible for all activities that occur under your account
- You may not share your account credentials or transfer your account to others
4. Subscription Terms and Payment
4.1 Subscription Plans
- Free Access: Limited to 3 daily product picks
- Premium Subscription: $7/month for access to all 20 daily picks and additional features
4.2 Payment Processing
- All payments are processed securely through Stripe
- Subscriptions automatically renew monthly unless cancelled
- Billing occurs on the same day each month as your initial subscription
- All fees are non-refundable except as required by law
4.3 Cancellation and Refunds
- You may cancel your subscription at any time
- Cancellation takes effect at the end of your current billing period
- No refunds for partial months of service
- Upon cancellation, you retain access until the end of your paid period
5. Acceptable Use Policy
5.1 Permitted Uses
- Use the service for legitimate business research and analysis
- Access content for your own commercial or personal purposes
- Share general insights (not specific data) in your own content
5.2 Prohibited Uses
- Data Redistribution: Sharing, republishing, or redistributing our curated data lists
- Automated Access: Using bots, scrapers, or automated tools to access our service
- Reverse Engineering: Attempting to reverse engineer our algorithms or data sources
- Commercial Resale: Selling or licensing our data to third parties
- Bulk Downloads: Systematically downloading large portions of our content
- Account Sharing: Sharing login credentials with multiple users
6. Intellectual Property Rights
6.1 Our Content
All content, features, and functionality of OctoPicks, including but not limited to text, graphics, logos, algorithms, and software, are owned by OctoPicks and protected by copyright, trademark, and other intellectual property laws.
6.2 Limited License
We grant you a limited, non-exclusive, non-transferable license to access and use our service for your personal or business purposes, subject to these Terms.
6.3 Third-Party Content
Product information and data are sourced from publicly available information and third-party providers. We do not claim ownership of product names, images, or descriptions.
7. Service Availability and Modifications
7.1 Service Availability
- We strive for 99.5% uptime but do not guarantee uninterrupted service
- Scheduled maintenance will be announced in advance when possible
- Emergency maintenance may occur without prior notice
7.2 Service Modifications
We reserve the right to modify, suspend, or discontinue any part of our service at any time with reasonable notice. Material changes to subscription features will be communicated in advance.
8. Data Accuracy and Disclaimers
IMPORTANT DATA DISCLAIMERS
- Informational Only: All data is provided for informational purposes only and should not be considered as investment, business, or financial advice
- No Guarantees: We make no representations about the accuracy, completeness, or timeliness of data
- Historical Data: Past performance does not guarantee future results
- Third-Party Sources: Data comes from third-party sources and public information we cannot fully control
8.1 Data Sources
Our service aggregates and analyzes data from various sources including public Amazon product information and third-party analytics providers. We do not guarantee the accuracy or completeness of this data.
8.2 User Responsibility
- Conduct your own due diligence before making business decisions
- Verify all data independently before taking action
- Understand that market conditions change rapidly
- Consult with qualified professionals for business or investment advice
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW: OctoPicks and its affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or business opportunities, arising from your use of our service.
9.1 No Business Outcome Guarantees
We do not guarantee any specific business outcomes, profits, or success from using our service. Your business results depend on many factors beyond our control.
9.2 Maximum Liability
Our total liability to you for any claims related to our service shall not exceed the amount you paid us in the 12 months preceding the claim.
10. Indemnification
You agree to indemnify and hold harmless OctoPicks, its officers, directors, employees, and agents from any claims, damages, or expenses arising from your use of our service, violation of these Terms, or infringement of any rights of another party.
11. Privacy and Data Protection
Your privacy is important to us. Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our service, you consent to our Privacy Policy.
12. Dispute Resolution and Governing Law
12.1 Governing Law
These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict of law principles.
12.2 Dispute Resolution
Any disputes arising from these Terms or your use of our service will be resolved through binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association.
12.3 Class Action Waiver
You agree that any disputes will be resolved individually and you waive your right to participate in class actions or collective proceedings.
13. Termination
13.1 Termination by You
You may terminate your account at any time by canceling your subscription.
13.2 Termination by Us
We may terminate or suspend your account immediately if you:
- Violate these Terms of Service
- Engage in prohibited activities
- Fail to pay subscription fees
- Use the service in a way that could harm our business or other users
13.3 Effect of Termination
Upon termination, your right to use the service ceases immediately. Provisions that should survive termination will remain in effect.
14. Amazon Relationship and Compliance
Amazon Compliance Notice
- • OctoPicks is not affiliated with, endorsed by, or connected to Amazon.com
- • We do not use Amazon's APIs or access private Amazon data
- • All product information is gathered from publicly available sources
- • Users must comply with Amazon's Terms of Service when acting on our information
- • We do not provide Amazon affiliate links or earn commissions from Amazon
When using our service to make decisions about Amazon products, you are responsible for complying with all applicable Amazon policies and terms of service.
15. Changes to Terms
We may update these Terms from time to time. Material changes will be communicated through email or prominent notice on our service. Your continued use after changes constitutes acceptance of the new Terms.
We encourage you to review these Terms periodically for any updates.
16. Severability and Entire Agreement
16.1 Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.
16.2 Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and OctoPicks regarding the use of our service.
17. Contact Information
For questions about these Terms:
Email: legal@octopicks.com
General Support: hello@octopicks.com
Response Time: We aim to respond to legal inquiries within 5 business days
Final Important Reminders
- 1. All data is for informational purposes only - not business or investment advice
- 2. We are not affiliated with Amazon or any product manufacturers
- 3. Past product performance does not guarantee future results
- 4. Always conduct your own due diligence before making business decisions
- 5. Our liability is limited to the amount you paid for our service