Terms of Use

Effective Date: January 1, 2025

Introduction

Welcome to eSeek (“the Software”). These Terms of Use (“Terms”) govern your access to and use of the Software. By using the Software, you agree to be bound by these Terms. If you do not agree, you may not use the Software.

1. Description of the Software

The Software is a third-party tool designed to enhance your experience as an Etsy seller by simplifying search processes using public filters and URL parameters. The Software is not affiliated with, endorsed by, or associated with Etsy, Inc. in any way.

2. Eligibility

By using the Software, you represent and warrant that:

  • You are at least 18 years old;
  • You have the legal capacity to enter into this agreement;
  • Your use of the Software complies with Etsy’s Terms of Service and applicable laws.

3. Disclaimer of Affiliation

The Software is not affiliated with or endorsed by Etsy, Inc. Etsy’s trademarks, logos, and service marks are the property of Etsy, Inc. Use of the Software is at your own discretion and risk.

4. Google Authentication

eSeek uses Google Authentication to provide its functionality. By using our service, you agree to the following:

  • You agree to be bound by Google’s Terms of Service.
  • Our service uses Google Authentication to allow you to securely sign in.
  • By signing into eSeek with Google, you are subject to Google’s Privacy Policy.

5. Authorized Data Access and Usage

eSeek accesses and uses authorized data solely for authentication purposes. We store authentication access and refresh tokens for authentication purposes until the access token expires, which will require re-authentication.

6. Data Deletion and Revoking Access

You can revoke eSeek’s access to your data at any time through the Google security settings page. If you request to remove your authentication, we will promptly delete all associated tokens and data.

7. Acceptable Use

User Responsibility & Use Acknowledgment

By using the Software, you acknowledge and agree that eSeek LLC provides this Software as a third-party tool intended to assist users, but it does not guarantee compliance with Etsy’s policies. Users are responsible for ensuring that their activities align with Etsy’s Terms of Service and other relevant policies. eSeek LLC shall not be held responsible for any consequences, including account suspensions, restrictions, or business losses, that may arise from using the Software. You agree to use this Software at your own risk and discretion.

When using the Software, you agree:

  • Not to use the Software for any unlawful purpose;
  • Not to use the Software in a way that violates Etsy’s Terms of Service;
  • Not to modify, reproduce, distribute, or create derivative works of the Software without written permission;
  • Not to reverse-engineer or attempt to gain unauthorized access to the Software.

5. Limitations of Liability

To the maximum extent permitted by law:

  • The Software is provided “as is” and “as available” without any warranties, express or implied, including but not limited to merchantability, fitness for a particular purpose, or non-infringement;
  • eSeek LLC is not liable for any direct, indirect, incidental, special, consequential, or exemplary damages arising out of or in connection with your use of the Software, including account suspension or termination by Etsy;
  • Our total liability is limited to the amount you paid for the Software.

6. Indemnification

You agree to indemnify and hold harmless eSeek LLC from any claims, liabilities, damages, losses, or expenses (including legal fees) arising out of your use of the Software, your violation of these Terms, or your infringement of any third-party rights.

7. Intellectual Property

All intellectual property rights in the Software, including but not limited to its design, code, and functionality, are owned by eSeek LLC. You are granted a limited, non-exclusive, non-transferable license to use the Software for its intended purpose.

8. Refund Policy

Refunds will only be provided if the Software fails to perform as described and issues are reported within [X days] of purchase. Refund requests can be submitted via [email/contact method]. Refunds are not available for account suspensions or other issues arising from misuse of the Software.

9. Severability Clause

If any provision of these Terms is found to be unlawful, void, or unenforceable, the remaining provisions will remain in full force and effect. The invalid or unenforceable provision shall be replaced with a valid and enforceable provision that most closely matches the intent of the original provision.

10. Termination

We reserve the right to terminate or suspend your access to the Software at any time for violation of these Terms or for any reason deemed necessary to protect our interests.

11. Governing Law and Jurisdiction

These Terms are governed by the laws of Pennsylvania, USA. Any disputes arising under these Terms shall be resolved in the courts located in Pennsylvania. Claims must be filed within 30 days of the incident in question.

12. Arbitration Clause

Any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Software shall be resolved through arbitration in Pennsylvania, in accordance with simple and fair arbitration procedures. If arbitration is not feasible, disputes shall be handled in a court located in Pennsylvania. Arbitration shall be conducted in accordance with the rules of a mutually agreed-upon arbitrator. If no agreement is reached, disputes shall be resolved in Pennsylvania courts. Each party shall bear its own costs of arbitration.

13. Amendments

We may update these Terms from time to time. Continued use of the Software after such updates constitutes your acceptance of the revised Terms.

End-User License Agreement (EULA)

Effective Date: January 1, 2025

1. License Grant

eSeek LLC grants you a limited, non-exclusive, non-transferable license to use eSeek for its intended purpose in accordance with these Terms.

2. Restrictions

You may not:

  • Reverse-engineer, decompile, or disassemble the Software;
  • Reproduce or distribute the Software without permission;
  • Use the Software to violate Etsy’s Terms of Service or any laws.

3. Ownership

All rights, title, and interest in the Software remain with eSeek LLC.

4. Termination

This license terminates automatically if you breach the EULA or these Terms of Use.

Disclaimer

eSeek is provided “as-is” with no guarantees or warranties regarding functionality, availability, or fitness for a specific purpose. By using this Software, you accept all risks associated with its use, including but not limited to potential account suspension by Etsy.

Additional Legal Provisions

Entire Agreement

These Terms, along with the Privacy Policy and EULA, constitute the entire agreement between you and eSeek LLC regarding the Software and supersede all prior agreements.

No Waiver

Failure to enforce any provision of these Terms shall not be deemed a waiver of the right to enforce such provision.

Force Majeure

eSeek LLC shall not be held liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, government actions, pandemics, supply chain disruptions, labor strikes, cyberattacks, or technical failures.