Last Updated March 6, 2023
Please read these Terms of Service (“Terms”) carefully. By using NeonPanel.com, you agree to these Terms.
- Service and Website. NeonPanel.com website (referred to, as applicable, as “Website”, "NeonPanel", the "Service", "we" or "us") provides business analytics and management services intended to assist merchants to sell on Amazon, other marketplaces, and their own website. NeonPanel is owned and operated by NeonPanel. Inc., a Delaware corporation.
- Customer. As a user of the service, you are referred to as a "Member" in this agreement. You confirm that you have the legal authority to accept the terms of this agreement on behalf of yourself or the entity you represent.
- Account Requirements. To use the Service and set up an account you must:
- In order to become a member, you must be at least 18 years old or the age of majority in your region. If you are under 18 or the age of majority, you may still use the service, but only with the permission and under the supervision of a parent or legal guardian, who will be responsible for your use of the service and will be subject to these terms.
- Provide your full legal name, valid email address, zip code, and any other requested information.
- Add one or more payment methods that are accepted by the service
- Create your account manually without using any automated tools, except for any auto-complete feature provided by your internet service provider. You are not allowed to create an account on behalf of someone else and you must not allow anyone else to use your information to create an account.
- Account Ownership. The Member who created the account and whose Payment Method is charged (the "Account Qwner") has control over the account and is responsible for any activity that occurs through it. The account owner should keep their login information and payment method details private to prevent others from accessing the account. Unless otherwise specified in their purchased plan, account owners are not allowed to share their account or login information with anyone else and all accounts are intended for single use only. It is the account owner's responsibility to keep their account information accurate and up to date. We may terminate or place a hold on the account in order to protect the account owner and/or ourselves. If you notice any unauthorized use of your account, you must notify us immediately. We are not responsible for any losses or damages that result from your failure to maintain the security of your account.
- Account Dispute. We consider the person or business entity in whose name the account is registered in to be the owner.
- Pricing. Our Service prices are posted on our Website and may be changed from time to time in any manner as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms, any price changes or changes to your subscription plan will take effect following notice to you.
- Billing. NeonPanel may offer the Service through a variety of billing methods, which include, but are not limited to, one-time subscriptions, monthly recurring subscriptions, and annual recurring subscriptions (“Subscription”). NeonPanel will bill you on the date you subscribe to the Service (“Subscription Date”) and will continue to bill you in accordance with your selected Subscription until you cancel the Service. To avoid a Subscription renewal, you must cancel your Subscription at least one day prior to the next billing date. Fees will be billed to your Payment Method on the calendar day corresponding to the Subscription Date. Subscription fees are fully earned upon payment. In some cases, your payment date may change, for example if your Payment Method has not successfully settled or if your Effective Date began on a day not contained in a given month.
- Payment Methods. To use the service, you must provide one or more Payment Methods. You can update your Payment Methods on the "Account" page of the Website. When you update your Payment Methods, you authorize us to continue charging the applicable Payment Method(s). If your primary Payment Method is declined or is no longer available for payment, you authorize us to charge any other payment method associated with your account. You are still responsible for any unpaid amounts. If a payment is not successful due to expiration, insufficient funds, or other reasons, and you do not cancel your account, we may suspend your access to the service until we can charge a valid Payment Method. Some Payment Methods may incur fees from the issuer for processing. Check with your Payment Method provider for more information.
- Cancellation. You can cancel your Membership at any time, but you will still have access to the service until the end of your current billing cycle. We do not offer refunds or credits for partial Membership periods. To cancel, you can go to your account profile on the Website and follow the instructions there, or contact our customer support team at email@example.com. If you cancel your Membership, your account will be closed automatically at the end of your current billing period.
- No Refunds. Payments for the service are non-refundable and there are no refunds or credits for partially used periods. However, even after you cancel, you will still have access to the service until the end of your current billing period.
- Money Back Guarantee. You are eligible for our money-back guarantee If you contact our customer support department within 7 days of signing up for the Service,. To receive a refund, you must contact our customer support team at firstname.lastname@example.org within 7 days of your original sign-up and request a refund. Requests made after this 7-day period are not eligible for the money-back guarantee. The money-back guarantee only applies to your first purchase, and renewal orders are not eligible for the guarantee under any circumstances. This policy is in addition to the general policy that payments are non-refundable and there are no refunds or credits for partially used periods.
- Disclaimer of Warranties. To the fullest extent allowed by law, NeonPanel provides the website and service "as is" and makes no warranties of any kind, either express, implied, statutory, or otherwise, including but not limited to warranties of merchantability or fitness for a particular purpose. NeonPanel does not warrant that the functions or content on the website or service will be uninterrupted or error-free, that defects will be corrected, or that the servers are free of viruses or other harmful components. NeonPanel makes no representation or warranty that the information provided through the service, regardless of the source, is accurate, complete, reliable, current, or error-free. NeonPanel disclaims all liability for any inaccuracy, error, or incompleteness in the service.
- Limitation of Liability. Except to the minimum extent required by law and only to that extent, NeonPanel, its employees, officers, directors, affiliates, and agents will not be liable to you under any legal theory for any incidental, direct, indirect, punitive, actual, consequential, special, exemplary, or other damages, including but not limited to loss of revenue or income, lost profits, pain and suffering, emotional distress, cost of substitute goods or services, or similar damages suffered or incurred by you or any third party that arise in connection with the website or service (or the termination thereof for any reason). Our total liability for all claims regarding the service in any month will not be more than what you paid us the previous month.
- Results Not Guaranteed. NeonPanel does not guarantee or represent that you will see any specific results from using the website or service. Any testimonials or examples shown on the website, programs, or service are only examples of what may be possible. We cannot assure any particular outcomes, such as increased income, ranking, sales, or any other results, based on the use of the service or any other products, programs, or services offered by us.
- Third Party Resources. The website may contain links to third-party websites or other resources. These links are provided as a convenience to you and do not imply any endorsement by or affiliation with NeonPanel. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or policies of these third-party websites or resources. You are solely responsible for and assume all risks arising from your use of these third-party websites or resources.
- Security. We take the privacy and security of your data very seriously and use reasonable technical and organizational measures to protect the confidentiality, security, and integrity of your personal data. However, we cannot guarantee the security of information transmitted to us over the internet. Despite our use of various security measures, there is a risk that your personal data may be lost, misused, or disclosed to unauthorized parties.
- Storage. The personal data you provide to us is generally stored on servers located in the United States. If you are located in another jurisdiction, you should be aware that once you submit your personal data through our service, it will be transferred to our servers in the United States. The United States does not currently have uniform data protection laws in place.
Retention. We will keep your information for as long as needed to provide you with our service. If you want to cancel your account or request that we stop using your information to provide you with the service, contact us at email@example.com. We will keep only the information that is necessary to comply with legal obligations, resolve disputes, and enforce our agreements.
- Intellectual Property. The website, its original content, features, functionality, our trademarks, service marks, logos, and service content (collectively, "intellectual property") are owned by NeonPanel and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You agree not to copy, modify, create derivative works of, publicly display, publicly perform, or republish any of our intellectual property. The term "content" includes, but is not limited to, information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, AdWords, and interactive features generated, provided, or made accessible on the website or through NeonPanel.
- Customer Data. "Customer Data" refers to any information, data, or other content, in any form or medium, including your billing and other personal information, that is submitted, posted, or otherwise transmitted by you or a third party on your behalf through the service. You own all rights, title, and interest, including all intellectual property rights, in and to the customer data. You grant NeonPanel a non-exclusive, royalty-free, worldwide license to reproduce, distribute, and otherwise use and display the customer data and perform any other acts with respect to the customer data as may be necessary for NeonPanel to provide the service. You also grant NeonPanel a non-exclusive, perpetual, irrevocable, royalty-free, worldwide license to use the customer data for analytics purposes. NeonPanel will only use your billing and other personal information for the purpose of providing the service.
- International Users. The service is controlled, operated, and administered by NeonPanel from our offices in the United States and Europe. If you access the service from a location outside the United States, you are responsible for compliance with all local laws. You agree not to use the content accessed through the website in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.
- Compliance with Law. You confirm that your use and interaction with NeonPanel and its service is in compliance with all national, federal, state, and local laws, ordinances, and regulations. If you are located in a country outside the United States, it is your responsibility to ensure that you are in compliance with the laws of that country. You agree to compensate and defend us against any losses, including attorney fees, resulting from your breach of any part of these warranties.
- Force Majeure. We will not be liable for any failure or delay in the performance of this agreement if it is due to causes beyond our reasonable control, such as acts of god, war, hackers, third party internet providers, government orders, power failures, nuclear destruction, Armageddon, or any other force majeure event.
- Severability. The invalidity or unenforceability of any provisions of these terms will not affect the validity or enforceability of any other provisions, which will remain in full force and effect.
- Survival. Any provision of these terms that imposes an obligation after the termination or expiration of this agreement will survive the termination or expiration of this agreement.
- Headings. The section headings in these terms are for reference only and will not affect the meaning or interpretation of these terms.
- Waiver. Our failure to exercise or delay in exercising any right, power, or privilege under these terms will not be considered a waiver, nor will the single or partial exercise of any right, power, or privilege preclude any other or further exercise thereof.
- Governing Law. This agreement will be governed, interpreted, and enforced in accordance with the laws of the state of Delaware without regard to its conflict of laws rules or international law or convention.
- Dispute Resolution. Any dispute or controversy arising from or in connection with this agreement will be settled exclusively through binding arbitration by written submission in Wilmington, Delaware, in accordance with the expedited Commercial rules of the American Arbitration Association, by one arbitrator. The arbitrator's award may be entered as a judgment in any court having jurisdiction. The arbitrator will not have the power to award any punitive or consequential damages. Arbitration will proceed solely on an individual basis, without the right for any claims to be arbitrated on a class action basis or on the basis of claims brought in a representative capacity on behalf of others. The arbitrator's authority to resolve and make written awards is limited to claims between you and us alone. Claims may not be joined or consolidated unless agreed upon in writing by all parties. No arbitration award or decision will have any preclusive effect on issues or claims in any dispute with anyone who is not a named party to the arbitration. However, if you violate these terms, we may seek injunctive or other equitable relief.
- Assignment. You may not assign any of your rights under this agreement to anyone else. We may assign our rights at our discretion.
- Notice. All notices to you will be effective when we send them to the last email or physical address you provided or posted on our website. Any notice to us will be effective when delivered to us at:
firstname.lastname@example.org NeonPanel, Inc. 16192 Coastal Hwy, Lewes, DE 19958
- Copyright Infringement. If copyrighted content belonging to you was posted on the website without your permission, please notify us at:
email@example.comNeonPanel, Inc.16192 Coastal Hwy, Lewes, DE 19958
The following information should be included in your notice if you believe that your copyright has been infringed upon:
- Your signature or the signature of someone authorized to act on your behalf.
- Your contact information (name, address, phone number, email).
- Identification of the copyrighted work that is being infringed.
- The location of the infringing material on the website (preferably a URL).
- A statement that you have a good faith belief that the use of the copyrighted material is not authorized by the copyright owner, their agent, or the law.
- A statement that the information in your notice is accurate.
- A statement that you are authorized to act on behalf of the copyright owner, made under penalty of perjury.
- Warning. Please note that making a false statement in your claim of copyright infringement may result in liability for damages and civil penalties. If you are unsure whether material on a website infringes upon your copyright, it is recommended that you speak with a lawyer before notifying us. We may also forward your notice to the user who uploaded the content.
- Electronic Communications. Communications with us through electronic means (such as email, text, or messaging on the website) will be considered as consent to receive communications from us electronically. We may communicate with you through a variety of methods, including email, text, or by posting notices and messages on the website. You agree that all agreements, notices, disclosures, and other communications provided to you electronically will satisfy any legal requirement for such communications to be in writing.