Terms of Use

Terms of Service

If you require any more information or have any questions about our Terms of Service, please feel free to contact us by email at Contact Us.

Introduction

These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full and without reservation. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

You must be at least 18 [eighteen] years of age to use this website. By using this website and by agreeing to these terms and conditions, you warrant and represent that you are at least 18 years of age.

License to use website

Unless otherwise stated, Book Ad Report or its licensors own the intellectual property rights published on this website and materials used on Book Ad Report. Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages, files or other content from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

• republish material from this website in neither print nor digital media or documents (including republication on another website);
• sell, rent or sub-license material from the website;
• show any material from the website in public;
• reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
• edit or otherwise modify any material on the website;
• redistribute material from this website - except for content specifically and expressly made available for redistribution; or
• republish or reproduce any part of this website through the use of iframes or screenscrapers.

Where content is specifically made available for redistribution, it may only be redistributed within your organisation.

Acceptable use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of Book Ad Report or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities on or in relation to this website without Book Ad Report’s express written consent.
This includes:

• scraping
• data mining
• data extraction
• data harvesting
• ‘framing’ (iframes)
• Article ‘Spinning’

You must not use this website or any part of it to transmit or send unsolicited commercial communications.

You must not use this website for any purposes related to marketing without the express written consent of Book Ad Report.

Restricted access

Access to certain areas of this website is restricted. Book Ad Report reserves the right to restrict access to certain areas of this website, or at our discretion, this entire website. Book Ad Report may change or modify this policy without notice.

If Book Ad Report provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential. You alone are responsible for your password and user ID security.

Book Ad Report may disable your user ID and password at Book Ad Report’s sole discretion without notice or explanation.

User content

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material, and audio-visual material) that you submit to this website, for whatever purpose.

Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or Book Ad Report or a third party (in each case under any applicable law).

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaints.

Book Ad Report reserves the right to edit or remove any material submitted to this website, or stored on the servers of Book Ad Report, or hosted or published upon this website.

Book Ad Report’s rights under these terms and conditions in relation to user content, Book Ad Report does not undertake to monitor the submission of such content to, or the publication of such content on, this website.

Confidentiality

The Customer and Book Ad Report work together in a spirit of trust. This already applies to pre-contractual contacts and negotiations. The parties shall in each case take the interests of the other party into account and undertake to maintain confidentiality.

The persons entrusted by Book Ad Report with the execution of the contract are bound to secrecy and data confidentiality. Customer entrusts Book Ad Report with access to, and analysis of significant and sensitive business data, such as sales and product data. Book Ad Report’ staff may access and analyze the data, in particular, to provide support for the customer.

Book Ad Report is fully aware of the sensitive nature of the data and undertakes to keep such data strictly confidential and to only use such confidential data for the execution of this contract and the fulfillment of its obligations under this contract.

Book Ad Report undertakes to keep all data and information received from the Customer confidential and not to transmit or otherwise disclose the data and information to third parties. All Book Ad Report’ staff is explicitly bound to secrecy and, in case of a breach of secrecy, is obliged to pay large contractual penalties. All rights of the customer to the data remain unaffected.

As the sole exception to the general rule above and only for the purpose of improving the services provided by Book Ad Report, Book Ad Report has the right to conduct statistical evaluations and analysis of all business data provided to Book Ad Report, but only after such data has been aggregated and anonymized. Book Ad Report will ensure at all times, that it is impossible to draw any direct conclusions between such aggregated and anonymized data and the Customer’s business and that no business secrets of the Customer, such as in particular profit margins and revenue, will be disclosed by such evaluation, analysis or any other means to third parties.

No warranties

This website is provided “as is” without any representations or warranties, express or implied. Book Ad Report makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, Book Ad Report does not warrant that:

• this website will be constantly available, or available at all; or
• the information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.

Limitations of liability

Book Ad Report will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

• to the extent that the website is provided free-of-charge, for any direct loss;
• for any indirect, special or consequential loss; or
• for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if Book Ad Report has been expressly advised of the potential loss.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit the liability of Book Ad Report in respect of any:

• death or personal injury caused by the negligence of Book Ad Report or its agents, employees or shareholders/owners;
• fraud or fraudulent misrepresentation on the part of Book Ad Report; or
• matter which it would be illegal or unlawful for Book Ad Report to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

If you do not think they are reasonable, you must not use this website.

Obligations to the customer

Malfunctions, defects and other functional impairments that restrict the use of the Platform or other services provided by Book Ad Report shall be reported to Book Ad Report by the Customer immediately after their discovery. As far as possible, the impairments shall be described in text form, preferably by email in order to explain how the faults, defects or functional impairments can be reproduced. This is in most cases required to make an effective remedy possible.

The Platform is not intended for the permanent backup and storage of data. For this reason, the Customer shall retain its own backup copies of all data it transmits toBook Ad Report, which must not be stored on Book Ad Report’ servers. In addition, the Customer shall regularly back up data created in connection with the use of the services in order to prevent permanent data loss and thus minimize the risk of damage.

The Customer shall keep the login and password details for access to the Platforms secret and keep them safe and inaccessible to third parties. Persons to whom the Customer grants access authorization shall be instructed accordingly by the Customer and shall be obligated to the same extent. Passwords must be changed regularly, but at least once a quarter.

The Customer shall inform Book Ad Report immediately if it becomes aware that unauthorized third parties have obtained access data to the Platform. Book Ad Report is entitled, but not obliged, to take measures to reduce the damage and, for example, to block the corresponding Customer Account or to change the access data. In such a case, the Customer has the right to request new access data from Book Ad Report.

If a third party uses a Customer Account to receive access to the Platform after it has obtained the required access data because the Customer has not sufficiently secured it, the Customer will be accountable for such third party actions made with this Customer Account as if he had acted himself/herself. This does not apply if the Customer has previously informed Book Ad Report of the unauthorized possibility of access by a third party with sufficient lead time to take countermeasures.

The Customer shall refrain from taking any measures that could impair or endanger the stability and safety of the Platform or any other Book Ad Report systems or services, unless such an impairment or endangerment is a technically necessary consequence of the contractual use of the Platform.

The Customer is solely responsible for complying with the Amazon’s terms of use and guidelines for using the Amazon Marketplace. Although the Platform and the functions provided by it might in some cases give Customers the actual possibility to violate Amazon’s terms and guidelines, this is explicitly not the intended use of the Platform and Book Ad Report does neither support nor accepts such a use of the Platform.

Availability

In order to ensure the proper functioning of the Platform and the services offered, Book Ad Report carries out regular service, maintenance and updating work (“Routine Maintenance Work”) on the system on a regular basis. Such work is generally carried out at times of expected low utilization.

Book Ad Report warrants a 99% annual average availability of the Platform and other software-as-a-service services. Excluded from this are times in which the Platform or other provided services cannot be reached due to technical or other problems which are outside of Book Ad Report control (e. g. force majeure or downtimes of required Amazon services). Times during which Routine Maintenance Work is carried out are also excluded.

Book Ad Report may restrict access to the Platform and other provided services if the security and integrity of the Platform so require. These times are also not taken into account in the calculation of the average availability.

Book Ad Report will inform the Customer in good time of upcoming maintenance dates, if the availability of the services cannot be warranted for a considerable period of time due to such maintenance work. Book Ad Report liability for non-availability of the Platform due to intent and gross negligence by Book Ad Report remains unaffected.

Term and Termination

The initial term of the agreement is agreed in the individual contract concluded between the parties. The contract shall be automatically extended for another term with the same duration as the initial term if no party terminates the agreement before the expiry of the then-current term.

The customer can terminate the subscription model at any time. No refunds are paid for any past subscription time. No further charges occur after the customer has terminated the contract or the subscription model.

The right to extraordinary termination for good cause remains unaffected. An important reason for Book Ad Report shall, in particular, be deemed to exist if the Customer defaults on payment of the fees by a not inconsiderable amount.

After termination of the contract, Book Ad Report is not obliged to store any of the Customer’s data on the Platform and within the Customer Account and can delete such data and the Customer Account at any time without prior notice.

It is the Customer’s responsibility to secure and backup such data in good time before the termination of the contract. In the event of an unexpected premature termination of the contractual relationship not caused by the Customer, Book Ad Report shall grant the Customer a reasonable period of time to secure and backup such data.

Payment Terms & Trial Period

The use of Book Ad Report’ services is subject to continuous charges as agreed in the individual contract or – if no such agreement has been made – according to the price list on Book Ad Report’ website.

Book Ad Report’ price lists are always subject to change, confirmation by Book Ad Report and non-binding. Orders shall only be deemed accepted if they have been confirmed by Book Ad Report in writing or if their execution has begun.

Book Ad Report may offer 30 days trial periods. Upon activating the 30 days trial period the customer is not charged for 30 days. If the 30 days have passed, and the customer has not terminated the account, the customers chosen account subscription fee is due.

Book Ad Report may adjust the pricing at its reasonable discretion with effect for the future beginning with the first day of the extension of the contract to the extent necessary to fully off-set sustained increases of costs that are relevant for Book Ad Report’ cost calculation. For example, Book Ad Report may increase or reduce the pricing, if changes in the legal framework or requirements imposed by Amazon result in a change to the costs for Book Ad Report’ Services, such as license fees for the Amazon API.

Book Ad Report may increase the price due to increases in a specific cost type only if and insofar as there is no compensation by a reduction in costs in other areas. For clarification, such price changes will have no effect during the respective current term of already concluded agreements. § 315 BGB (“German Civil Code”) remains unaffected.

All prices stated in the contract or in the price list are gross prices and include the applicable statutory value added tax as well as any other taxes and levies that may be incurred. Fixed fees are due and payable in advance for the respective contract term, unless a different payment period has been agreed.

Book Ad Report can send invoices to Customer by mail or email or upload them to the Customer’s Account on the Platform as an electronic document. The Customer is in default without reminder if he does not settle the invoiced amount within 14 days after the receipt of the invoice. In the event of a delay in payment, the statutory default interest rate shall apply.

Book Ad Report reserves the right to assert further claims, in particular, further damages caused by delay. Book Ad Report offers the possibility to make payments by SEPA direct debit. If Customer wants to use SEPA direct debit, the Customer shall grant Book Ad Report a mandate for the SEPA basic direct debit procedure to collect all fees incurred by Book Ad Report under the contractual relationship for the bank details communicated by the Customer.

The Customer will be informed in advance about the date of the debit, if necessary already together with the invoice. The period for advance SPEA direct debit information shall be shortened to at least three days prior to debiting.

The Customer must ensure that the account is adequately covered. Customer may only set-off with undisputed or legally binding counterclaims against Book Ad Report. The Customer may only exercise a right of retention if his counterclaim is based on the same contractual relationship. An assignment of the Customer’s claims against Book Ad Report to third parties is excluded.

Copyright and License

Insofar the Customer pays the fees for the use of the Platform in full and in advance, Book Ad Report grants the Customer a limited, revocable, non-exclusive, non-transferable, and non-sub-licensable right to use the Software, the Platform and the Tools within the scope of the contract and for the intended use of the Platform only.

The intended use of the Platform is to support the Customer in making business decisions on the Amazon Marketplace with the analysis of available data (“Intended Use”).

The right to use is limited in time to the respective accounting period the fee has been paid for. The granting of rights is subject to the condition of full and timely payment of the respective fees due. Any transfer of the rights to third parties is not permitted.

The Platform may only be used for its Intended Use. Exploiting or spying out the database by means of other software is not permitted. It is also prohibited to copy, pass on, send or publish the available data on the Platform unless the Platform expressly provides such a function or if this is necessary for the Intended Use of the Platform.

Book Ad Report reserves the right to prohibit the Customer’s use of the Platform with immediate effect in the event of any signs of misuse. Any form of decompilation, reverse engineering or other measures of decomposition of Book Ad Report’ Software or Tools is prohibited. The rights under §§ 69d, 69e UrhG (German Copyright Act) remain unaffected.

Other parties

You accept that, as a limited liability entity, Book Ad Report has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Book Ad Report’s officers or employees in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Book Ad Report’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Book Ad Report.

Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Indemnity

You hereby indemnify Book Ad Report and undertake to keep Book Ad Report indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Book Ad Report to a third party in settlement of a claim or dispute on the advice of Book Ad Report’s legal advisers) incurred or suffered by Book Ad Report arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

Breaches of these terms and conditions

Without prejudice to Book Ad Report’s other rights under these terms and conditions, if you breach these terms and conditions in any way, Book Ad Report may take such action as Book Ad Report deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Variation

Book Ad Report may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.

Assignment

Book Ad Report may transfer, sub-contract or otherwise deal with Book Ad Report’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement

These terms and conditions, together with Book Ad Report’s Privacy Policy constitute the entire agreement between you and Book Ad Report in relation to your use of this website and supersede all previous agreements in respect of your use of this website.

Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with the laws of California, USA, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of California, USA.

Update

This Privacy Policy was last updated on September 25th, 2018.
Should we update, amend or make any changes to our terms of use, those changes will be posted here.

You can contact Book Ad Report by email at our email address link at the top of this Terms of Service document.