Terms & Conditions

Last Updated: April 21, 2025

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING OUR SERVICE.

These Terms and Conditions (the “Terms”) govern your access to and use of the 1stPage LLC Amazon seller analytics platform, including any content, functionality, and services offered therein (collectively, the “Service”). These Terms form a binding legal agreement between you (either an individual or the entity you represent, “you” or the “Customer”) and 1stPage LLC (“1stPage,” “Company,” “we,” or “us”). By registering for an account, accessing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree with these Terms, you must not use the Service.

Summary of Key Points (Not a substitute for full Terms):

  • Subscription Fees: The Service is provided on a subscription basis with monthly fees. All sales are final – we do not offer refunds, free trials, or mid-term cancellations.
  • Data from Amazon: Our platform pulls data via Amazon’s SP-API with your authorization. We are not affiliated with Amazon, and we do not guarantee the availability or accuracy of data from Amazon (Navazon Terms of Service).
  • Usage Limits: Plans have usage limits (brands and ASINs) – if you exceed them, additional charges apply.
  • No Warranty: The Service is provided “as is” without warranties; we limit our liability as described below.
  • No Affiliation: 1stPage is independent of Amazon.com, Inc.; the Service is not endorsed or sponsored by Amazon.
  • Termination: We may suspend or terminate your use of the Service for violation of these Terms or other specified reasons.
  • Privacy: Our Privacy Policy governs how we collect and use your data.

By using the Service, you also agree to our Privacy Policy (above) which is incorporated herein by reference. If you are using the Service on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms, in which case “you” shall refer to the entity.

1. Account Registration and Eligibility

1.1 Eligibility: You must be at least 18 years old (or the age of majority in your jurisdiction) and capable of forming a binding contract to use our Service. By registering for an account or using the Service, you represent and warrant that you meet these eligibility requirements and that the information you provide is accurate and complete. The Service is intended for business users (Amazon sellers/brand owners); you may not use the Service for personal, family, or household purposes.

1.2 Account Registration: To access the Service, you will be required to create an account with 1stPage. You must provide certain information during registration, such as your name, a valid email address, and a password. You agree to provide truthful, accurate, and current information and to keep it updated. You are responsible for maintaining the confidentiality of your account login credentials and for all activities that occur under your account.You agree to notify us immediately at support@1stpage.com of any unauthorized use of your account or any other breach of security. 1stPage will not be liable for any loss or damage arising from your failure to safeguard your account credentials.

1.3 Account Use and Restrictions: You are responsible for all use of the Service under your account. You agree to use the Service only for lawful purposes and in compliance with these Terms and all applicable laws. You will not (and will not allow any third party to) use the Service: (a) in any manner that violates any applicable laws or regulations (including Amazon’s terms and policies applicable to you); (b) to reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code or underlying ideas or algorithms of the Service; (c) to engage in any activity that interferes with or disrupts the Service or the servers and networks used by the Service; or (d) to access the Service for the purpose of building a competitive product or service or copying its features or user interface. We reserve the right to monitor and audit your compliance with these restrictions and to suspend or terminate your access for any violation (see Section 11).

2. Description of Service

1stPage provides a software-as-a-service platform that allows Amazon sellers and brands to aggregate and analyze their Amazon performance data. Key features of the Service include retrieving Amazon Brand Analytics and Advertising data via Amazon’s Selling Partner API (SP-API) on your behalf, storing that data securely in our databases, and presenting insights, charts, and reports through a web-based interface (built with Retool/React) that you can access via your browser. The Service may include additional analytics, alerts, or tools as developed by 1stPage.

Data from Amazon: In order to use the core features of the Service, you will need to authorize 1stPage to access your Amazon seller account data via Amazon’s APIs. This typically involves providing us with API credentials (such as an Amazon API key, OAuth token, or other credentials) and permissions to retrieve specific types of data (e.g., Brand Analytics reports, advertising campaign metrics) from your Amazon account. You represent and warrant that you have all necessary rights and authority to provide us with access to your Amazon account data.You remain responsible for complying with your agreement with Amazon (including the Amazon Marketplace and API usage policies). For example, if Amazon has any requirements or limitations on how data is accessed or used, you agree to adhere to those and not to cause us to violate them by using our Service.

While we strive to provide timely and accurate data, you acknowledge that the Service’s data and functionality are dependent on Amazon’s systems. The availability of certain data or features may be subject to Amazon’s own service availability, API response times, and rate limiting. 1stPage does not guarantee that Amazon will continue to make any particular data available, or that our integration with Amazon’s API will be error-free or uninterrupted. Amazon may impose rate limits or data access restrictions that could delay or limit the data updates in our Service. We are not liable for any unavailability, inaccuracy, or incompleteness of data that we retrieve from Amazon’s APIs (Navazon Terms of Service). You agree that your use of Amazon data through our Service is at your own risk, and that if Amazon’s API or data feed changes, we may need to modify or limit the Service’s features accordingly.

No Endorsement by Amazon: 1stPage is an independent service and is affiliated with, endorsed by, or sponsored byAmazon.com, Inc. or its affiliates (Navazon Terms of Service). Amazon is a trademark of Amazon.com, Inc. or its affiliates. All use of Amazon’s name or data is only for identification and integration purposes. Amazon has no responsibility for the Service, and we are solely responsible for the operation of 1stPage. See Section 9 for additional disclaimers regarding Amazon.

3. Subscription Plans, Fees, and Payment

3.1 Plans and Pricing: 1stPage is offered on a subscription basis with the following plans:

  • Basic Plan: \$99 per month for one (1) brand. You may add additional brands (up to a total of 10 brands) at an extra cost of \$60 per month for each additional brand. Each brand under the Basic plan includes support for up to 1,000 ASINs (Amazon Standard Identification Numbers) to be tracked/managed.
  • Additional ASIN Blocks: If you need to track more than 1,000 ASINs for a given brand (or in total under your Basic plan), you can purchase additional blocks of 1,000 ASINs for \$30 per month per block. For example, if you have one brand with 2,500 ASINs, you would require two extra ASIN blocks beyond the first 1,000, totaling an additional \$60 per month.
  • Enterprise Plan: \$999 per month for up to 100 brands. The Enterprise plan includes support for up to 1,000 ASINs per brand (i.e. up to 100,000 ASINs total across all brands). If you require more than 100 brands or additional ASIN capacity beyond 1,000 per brand under the Enterprise plan, please contact us for custom pricing (or purchase additional ASIN blocks as needed at the above rate).

All prices are in U.S. Dollars. The subscription fees do not include any taxes or duties. You are responsible for paying any applicable sales, use, value-added, or similar taxes imposed by any jurisdiction (excluding taxes on 1stPage’s income) unless you provide a valid tax-exemption certificate (Navazon Terms of Service). We reserve the right to change the pricing of our plans or introduce new fees in the future; however, any pricing changes will not retroactively affect your current paid subscription term and will only apply upon renewal or upgrade. We will provide advance notice of any pricing changes in accordance with Section 16 (Changes to Terms).

3.2 Payment Terms: By subscribing to a paid plan, you agree to pay the subscription fees and any applicable taxes on a recurring basis. All fees are charged in advance (e.g., at the beginning of each monthly billing cycle) and are non-refundable (Navazon Terms of Service). This means that once you are billed for a month (or other billing period), you will not be issued a refund for that period’s fees even if you terminate the Service early or do not fully use the Service We do not offer refunds or credits for partial use, downgrades, or unused time. Likewise, we generally do not offer free trials; you will be charged from the start of your subscription unless otherwise explicitly stated by us in writing.

You must provide a valid payment method (such as a credit card or other accepted payment account) when you sign up. By providing such payment information, you authorize 1stPage (or our payment processor acting on our behalf) to charge the applicable subscription fees to the payment method on file. If your payment method is a credit card, we may seek preauthorization of your card account prior to your purchase to verify that the card is valid and has the necessary funds or credit available.

3.3 Automatic Renewal: Your subscription will automatically renew at the end of each monthly billing period (or annual period, if we offer and you select an annual plan) for successive periods of the same length, unless and until you cancel your subscription or we terminate it. This means that unless you cancel in advance, you will be charged the then-applicable subscription fee at the start of each new billing cycle. We will use the payment method currently associated with your account for such renewal payments. If you wish to avoid a renewal charge, you must cancel your subscription in accordance with Section 3.4 before the next billing date.

3.4 Cancellation Policy: You may cancel your subscription at any time, but cancellation will only take effect at the end of your current billing period. We do not provide refunds or prorated credits for early cancellation or unused days in a billing cycle. For example, if you are on a month-to-month plan and you cancel in the middle of a month, you will retain access to the Service until the end of that month, and your subscription will not renew for the next month. To cancel, you can do so via the account settings on our platform or by contacting our support team at support@1stpage.com with your cancellation request. We require a reasonable amount of advance notice to process cancellations (e.g., at least 5 business days before the next renewal date). Once your cancellation is processed, we will confirm to you and not charge further renewal fees. Please note: All fees already paid remain non-refundable upon cancellation (Navazon Terms of Service).

3.5 Upgrades and Downgrades: If you upgrade your plan (e.g., add additional brands or ASIN blocks, or switch from Basic to Enterprise) partway through a billing period, the upgrade will typically take effect immediately, and a prorated charge for the remainder of the current period may be applied or the difference may be charged in the next billing cycle (depending on our billing system’s capabilities). If you downgrade your plan (e.g., remove brands or ASIN blocks or switch from Enterprise to Basic), the change will usually take effect at the start of the next billing period – you will not receive a refund for any remaining time on your current plan. Downgrading may cause loss of features or capacity; 1stPage is not liable for any such loss. You are advised to download or back up any data that might be affected before downgrading.

3.6 Late Payments: If we are unable to process payment for your subscription (for example, due to an expired or declined card) and you do not rectify the payment information after we notify you, we reserve the right to suspend your access to the Service until payment is made. If any amount remains unpaid 15 days after the due date, we may terminate your account for non-payment (see Section 11). You agree to reimburse us for any reasonable costs of collection (including attorneys’ fees) in the event of delinquent payments.

4. License and Intellectual Property

4.1 License to Use Service: Subject to your compliance with these Terms and your payment of applicable fees, 1stPage hereby grants you a limited, non-exclusive, non-transferable, non-sublicensable license and right to access and use the Service during your subscription term, solely for your internal business purposes in connection with managing your Amazon selling activities. You may permit your authorized employees or agents to use the Service on your behalf, provided that you remain responsible for their actions and adherence to these Terms. All rights not expressly granted to you are reserved by 1stPage and its licensors.

4.2 Ownership: 1stPage (and/or our licensors) retain all right, title, and interest in and to the Service and all software, technology, information, content, and materials used to provide the Service, including all intellectual property rights therein. The 1stPage platform, including the user interface, design, algorithms, databases, and proprietary information, is protected by copyright, trade secret, and other intellectual property laws. These Terms do not grant you any ownership or rights in our intellectual property or the Service itself, but only a limited right of use as stated above. You agree not to remove, alter, or obscure any copyright, trademark, or other proprietary rights notices on the Service.

4.3 Your Data: As between you and 1stPage, you retain all rights to any data, content, or material that you or your authorized users upload or submit to the Service (“Customer Data”), including your Amazon account data that is retrieved via the Service. We do not claim ownership of your Customer Data. You hereby grant to 1stPage a non-exclusive, worldwide, royalty-free license to use, host, copy, transmit, and display your Customer Data solely as necessary to provide the Service to you and to otherwise fulfill our obligations under these Terms. This license also extends to our subcontractors or service providers (such as our cloud hosting provider) solely for purposes of providing the Service. We will not use your Customer Data for any other purpose except as permitted by this Agreement, our Privacy Policy, or as required by law.

You represent and warrant that you have all necessary rights in the Customer Data to grant us the above license and that none of your Customer Data, or your use of the Customer Data in connection with the Service, will violate any law or third-party rights (including intellectual property or privacy rights). We will maintain appropriate administrative, physical, and technical safeguards to protect Customer Data, including personal data contained therein, as described in our Privacy Policy and as required by applicable law.

4.4 Feedback: If you provide any suggestions, enhancement requests, recommendations or other feedback regarding the Service (“Feedback”) to us, you hereby grant 1stPage a perpetual, irrevocable, worldwide, fully-paid license to use and incorporate such Feedback into our products or services without restriction or attribution. Providing Feedback is entirely optional, but please understand that we may use it without any obligation to you.

4.5 Third-Party Components: The Service may include software or components developed by third parties, including open-source software. Use of any third-party software or libraries included in the Service may be subject to additional terms or licenses, which are available upon request. Nothing in these Terms limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable third-party license for such components.

5. Acceptable Use and Compliance with Amazon Policies

5.1 Acceptable Use: You agree to use the Service in a manner consistent with all applicable laws and regulations. You will not use the Service to engage in any illegal, fraudulent, or harmful conduct. This includes but is not limited to: (a) uploading or transmitting any viruses, malware, or harmful code; (b) attempting to gain unauthorized access to any servers, systems, or data of 1stPage or its other clients; (c) disrupting the integrity or performance of the Service; or (d) collecting information about other users without their consent. You further agree not to use the Service to store or transmit any content that is defamatory, infringing, or violates anyone’s rights of privacy or publicity. We may, at our sole discretion, suspend or terminate access for any user we find to be engaging in prohibited activities or otherwise violating these Terms.

5.2 Compliance with Amazon’s Terms: Because our Service interacts with Amazon’s systems on your behalf, it is important that both you and 1stPage comply with Amazon’s applicable terms and policies. You agree that you will comply with all applicable Amazon seller policies and Amazon Developer/API policies when using our Service. This includes, for example, Amazon’s Selling Partner API Acceptable Use Policy and Data Protection Policy. You will not use data obtained from our Service (which originates from Amazon) in any manner that violates Amazon’s policies or any laws (for instance, you generally should not share Amazon-provided analytics data in a way not permitted by Amazon, or use it to unfairly manipulate Amazon’s marketplace). If Amazon informs you or us that certain uses of data or aspects of the Service are not permitted, you agree to promptly comply and cooperate with any remediation actions we may take.

You acknowledge that Amazon may in its discretion suspend or revoke our API access or your Amazon account access if it believes there is a violation of its terms or misuse of data. You agree that 1stPage is not liable for any actions Amazon takes with respect to your Amazon account, including any suspension of access to Amazon data. If Amazon’s actions result in our inability to provide some or all of the Service to you (for example, if Amazon revokes your API credentials or imposes new limitations), our sole obligation will be to use reasonable efforts to restore access or adapt the Service, and if the outage is prolonged, we may terminate your subscription (and cease future billing) without liability.

6. Service Updates and Availability

6.1 Updates and Feature Changes: 1stPage is constantly improving the Service and may, from time to time, provide updates, enhancements, bug fixes, or new features. We reserve the right to make changes to the Service at any time, including adding, modifying, or removing features or functionality. We will attempt to inform you of any major changes that may affect your use (for example, if we discontinue a significant feature), but we have no obligation to continue providing any particular feature or support for any third-party service indefinitely. Any new features that augment or enhance the current Service, including the release of new tools or resources, will be subject to these Terms.

6.2 Downtime and Availability: We strive to keep the Service operational and accessible 24/7, but we do not guarantee 100% uptime. The Service may become temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, or due to circumstances beyond our control (such as network outages, Amazon API downtime, or force majeure events). Where reasonably practicable, we will post advance notice of any planned downtime. You acknowledge that data retrieval from Amazon is also contingent on Amazon’s systems being available; any downtime or slowness on Amazon’s side can impact our Service. 1stPage will not be liable for delays, failures, or any lack of availability of the Service caused by Internet outages or by any third-party systems outside of our control (Navazon Terms of Service) (including Amazon and AWS). However, we will make commercially reasonable efforts to minimize disruption and resume the Service as quickly as possible in the event of an outage.

6.3 Support: We provide customer support via email at support@1stpage.com (and possibly through other channels we may designate). While your subscription is active, we will use reasonable efforts to respond to support inquiries in a timely manner (generally within 1-2 business days). We do not guarantee any specific response time or resolution time. Support may cover assistance with using the Service, troubleshooting issues, and taking feedback for improvements. We expect you to cooperate in good faith with any troubleshooting or diagnostic requests.

7. No Warranties

THE SERVICE (INCLUDING ALL CONTENT, DATA, MATERIALS, AND FUNCTIONALITY) IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, 1STPAGE DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SERVICE, ARISING BY LAW OR OTHERWISE, INCLUDING BUT not LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT (Navazon Terms of Service) (Navazon Terms of Service). We make no warranties that the Service will meet your requirements or expectations, that results shown will be accurate or reliable, or that the Service will be uninterrupted, error-free, secure, or free of viruses or other harmful components (Navazon Terms of Service).

Specific Data and Usage Disclaimer: You understand that the Service involves aggregation and presentation of data from Amazon and possibly calculations or interpretations based on that data. We do not warrant or guarantee the accuracy, completeness, timeliness, or reliability of any data or insights provided. The Amazon data we retrieve is provided by Amazon; we are not responsible if it is inaccurate or incomplete. We may perform computations or analytics on the data (such as generating charts or key performance indicators), but these are provided for informational purposes and should not be solely relied upon for critical business decisions without independent verification. 1stPage is not liable for any business losses or missed opportunities you might incur due to decisions made based on the Service’s data or analysis.

No Warranty on Outcomes: Using our Service may help inform your strategies on Amazon, but 1stPage does not guarantee any particular outcome in your Amazon sales or performance. For example, we do not guarantee that using our analytics will improve your sales rankings, advertising ROI, or placement on Amazon’s “first page.” You are solely responsible for how you use the data and insights from the Service.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above disclaimers may not apply to you. In such cases, any implied warranties are limited to the minimum scope and duration permitted by law.

8. Limitation of Liability

8.1 Indirect Damages: To the fullest extent permitted by law, in no event will 1stPage or its directors, officers, employees, agents, or affiliates be liable to you for any indirect, incidental, special, consequential, punitive, or exemplary damages, or for any loss of profits, revenue, goodwill, data, or use, incurred by you or any third party, whether in an action in contract, tort (including negligence), strict liability, or otherwise, arising from or related to your access to or use of (or inability to use) the Service, even if we have been advised of the possibility of such damages. This limitation applies to any damages caused by the Service, including those resulting from any interruption, errors, or omissions, or from the accuracy or loss of data (Navazon Terms of Service) (Navazon Terms of Service).

8.2 Direct Damages Cap: To the extent that any liability is not legally excludable, the total cumulative liability of 1stPage (and its affiliates and agents) to you for any and all claims arising out of or related to these Terms or the Service is limited to the amount of fees you have paid 1stPage in the twelve (12) months immediately preceding the event giving rise to the claim. If you have not paid any fees (for example, if in a hypothetical case of a free trial), 1stPage’s liability shall be limited to \$100. This limitation of liability is cumulative and not per-incident; the existence of multiple claims will not increase the cap.

8.3 Basis of Bargain: You acknowledge and agree that 1stPage has offered the Service and set its prices in reliance upon the disclaimers of warranty and the limitations of liability set forth herein, that the disclaimers and limitations reflect a reasonable and fair allocation of risk between you and us, and that these provisions form an essential basis of the bargain between us. You agree that the limitations and exclusions of liability and disclaimers specified in these Terms will survive and apply even if found to have failed of their essential purpose.

8.4 Exceptions: Nothing in these Terms shall limit or exclude liability for gross negligence, willful misconduct, or fraud; or for death or personal injury resulting from our negligence; or any other liability that cannot be excluded or limited under applicable law. However, in such cases, the limitation in Section 8.2 shall apply to the fullest extent permitted for those aspects of liability that are not legally prohibited from limitation.

9. No Affiliation with Amazon; Third-Party Disclaimer

All product names, logos, brands, and trademarks mentioned in connection with the Service (including “Amazon,” “Amazon.com,” and related marks) are property of their respective owners. We are not affiliated, associated, authorized, endorsed by, or in any way officially connected with Amazon.com, Inc. or any of its subsidiaries or affiliates (Notice of Non-Affiliation and Disclaimer - fbafaq). The Service provided by 1stPage is an independent tool for Amazon sellers, and Amazon has no responsibility or liability for the Service.

Amazon Data: While our Service utilizes Amazon’s SP-API to retrieve your data, 1stPage has no control over the content, accuracy, or completeness of information provided by Amazon. We therefore assume no liability for any errors or omissions in the Amazon data presented through our platform (Navazon Terms of Service). All Amazon data is provided “as is” directly from Amazon’s systems. You should consult Amazon’s own reports or your Seller Central for verification if needed. If you notice a significant discrepancy between our Service’s data and Amazon’s data, please contact us and we will investigate, but understand that we rely on Amazon’s feed.

Use of Amazon Name: Any references to Amazon or display of Amazon’s logos/data on our Service are solely for the purpose of identifying the source of the data and the context of the analysis. Such use does not imply any endorsement by or partnership with Amazon. You are responsible for ensuring that your use of our Service (including any data exports or reports) complies with Amazon’s terms.

Except for Amazon, the Service may also contain integrations or links to third-party services or websites (for example, if we link to an AWS status page for cloud service status, or incorporate charts from a library). We do not control third-party sites or services and are not responsible for their content or any damages you may incur from using them. Your use of any third-party sites or services is at your own risk and subject to their terms and policies.

10. Indemnification

You agree to indemnify, defend, and hold harmless 1stPage LLC and its officers, directors, employees, agents, affiliates, and licensors (“Indemnified Parties”) from and against any and all third-party claims, demands, suits, or proceedings, and all related liabilities, damages, losses, fines, penalties, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) your use of the Service or your Customer Data; (b) your breach of any provision of these Terms or violation of any applicable law or regulation; or (c) your infringement or misappropriation of any intellectual property or other rights of any third party in connection with your use of the Service.

For example, you will indemnify us if a claim is brought against 1stPage because you unlawfully shared personal data with us or through the Service, or if your use of the Service in violation of Amazon’s policies causes Amazon to take action against 1stPage. We reserve the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification by you (in which case you will cooperate with us in asserting any available defenses). You agree not to settle any such matter without our prior written consent. This indemnification obligation will survive any termination of your account or the Service.

11. Term and Termination

11.1 Term: These Terms are effective on the date you first accept them (by clicking “I agree” or by using the Service) and will continue in effect until terminated as provided herein. Your subscription term is monthly (or annual, if applicable) as described in Section 3.3 and will renew automatically until cancellation or termination.

11.2 Termination by You: You may stop using the Service and terminate these Terms at any time by canceling your subscription and ceasing all use of the Service. If you wish to permanently delete your account, you may request this by contacting support. Termination will not entitle you to any refund of prepaid fees, except at our sole discretion or if required by applicable law.

11.3 Suspension/Termination by 1stPage: We may suspend your access to the Service or terminate these Terms (and your account) at our discretion upon written notice to you if: (a) you materially breach any provision of these Terms (including failure to pay fees on time, or misuse of the Service) and do not cure the breach within 10 days after we have provided notice of it (if curable); (b) we are required to do so by law or by order of a court; (c) we discontinue the Service in its entirety (for example, if for unforeseen reasons we can no longer operate the platform); or (d) your use of the Service poses a security or legal risk to us or other users, or could adversely impact our systems or our relationship with Amazon (for instance, if you are using the Service in a way that could cause us to violate Amazon’s policies or applicable laws). In certain egregious cases (e.g., you intentionally violate Section 5 or our intellectual property rights), we reserve the right to terminate or suspend immediately without prior notice. We will endeavor to give notice of suspension/termination when reasonably practicable.

11.4 Effect of Termination: Upon any termination of these Terms or your account for any reason: (i) all rights and licenses granted to you under these Terms will immediately cease; (ii) you must stop all use of the Service and refrain from any further access; and (iii) we may delete or deactivate your account and all associated data, provided that we may retain copies of your data in backup or archival form for legitimate business or legal purposes (subject to the Privacy Policy’s data retention provisions). If we terminate your account (other than for your breach), we will refund any pre-paid, unused fees covering the period after termination (if applicable). If your account was terminated due to your breach or misconduct, you will not be entitled to any refund, and you remain responsible for any unpaid fees up to the date of termination.

Any provisions of these Terms which by their nature should survive termination (such as accrued payment obligations, indemnities, disclaimers of warranties, limitations of liability, and governing law) shall survive and continue to apply.

12. Governing Law and Dispute Resolution

These Terms and any dispute arising out of or relating to these Terms or the Service will be governed by and construed in accordance with the laws of theState of Delaware, USA, without regard to its conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Jurisdiction and Venue: You and 1stPage agree that any judicial proceeding to resolve claims relating to these Terms or the Service will be brought in the federal or state courts of Delaware, USA, subject to the arbitration provision below. Both you and 1stPage consent to venue and personal jurisdiction in such courts, and waive any objections based on inconvenient forum.

Arbitration (Optional): At our sole discretion, we may require you to submit any disputes arising from these Terms or use of the Service (including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination) to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Delaware law. In such case, arbitration shall be conducted in English by a single arbitrator and the seat of arbitration shall be in Wilmington, Delaware, unless otherwise agreed. Each party will bear its own costs, and the prevailing party may seek to recover reasonable attorneys’ fees. BY AGREEING TO ARBITRATION, YOU UNDERSTAND THAT YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. This arbitration provision may be enforced and judgment on the arbitration award may be entered in any court of competent jurisdiction. If you do not wish to agree to arbitration in advance, you must notify us in writing within 30 days of first accepting these Terms, otherwise your right to opt out will be deemed waived. (Opting out will not affect any other provisions of these Terms.)

Nothing in this Section shall prevent either party from seeking injunctive or equitable relief in a court to prevent actual or threatened infringement, misappropriation, or violation of a party’s intellectual property or proprietary rights.

13. Miscellaneous

13.1 Entire Agreement: These Terms (together with the Privacy Policy and any additional agreements or addenda you may enter into with 1stPage in writing) constitute the entire agreement between you and us regarding the Service, and supersede all prior or contemporaneous understandings and agreements, whether written or oral, regarding the same subject matter. You acknowledge that you have not relied on any statement, promise, or representation not expressly included in these Terms.

13.2 Amendments: We may update or modify these Terms from time to time. When we do, we will provide notice to you (for example, by email or by posting a notice in your account dashboard) and indicate the date of the latest revision at the top of the Terms. Except as otherwise required by law, your continued use of the Service after the effective date of the updated Terms will constitute your acceptance of the changes. If you do not agree to the revised Terms, you should stop using the Service and cancel your subscription. Any other amendment or modification of these Terms must be in writing and signed by both you and an authorized representative of 1stPage.

13.3 Severability: If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be enforced to the maximum extent permissible and the remaining provisions of these Terms will remain in full force and effect. The parties will negotiate in good faith a valid and enforceable provision that most nearly reflects the original intent of the unenforceable provision.

13.4 No Waiver: No failure or delay by 1stPage in exercising any right, power, or privilege under these Terms shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power, or privilege preclude any other or further exercise of the same. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of 1stPage.

13.5 Assignment: You may not assign or transfer these Terms or any of your rights or obligations hereunder, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign these Terms without consent will be null and void. 1stPage may freely assign or transfer these Terms (in whole or in part) to an affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets. Subject to the foregoing, these Terms will bind and inure to the benefit of each party’s permitted successors and assigns.

13.6 Relationship of Parties: You and 1stPage are independent contractors, and these Terms do not create any partnership, joint venture, employment, franchise, or agency relationship between us. Neither party has any authority to bind the other or incur obligations on the other’s behalf without the other’s prior written consent.

13.7 Notices: 1stPage may send you required legal notices and other communications about your account and the Service (e.g., notices of updates to these Terms) by email to the address associated with your account, by mail to the address you have on file, or by posting them within the Service. You are responsible for keeping your contact information up-to-date. Any notices sent to 1stPage under these Terms (other than routine communications in the normal operation of the Service) should be sent via email to legal@1stpage.com and via certified mail to: 1stPage LLC, 12175 Visionary Way, Fishers, IN 46038, Attn: Legal Department. Notices will be deemed given (a) in the case of email, when the email is sent (provided no bounce-back or error message is received), or (b) in the case of certified mail, upon receipt as indicated by the delivery confirmation.

13.8 No Third-Party Beneficiaries: These Terms are intended for the sole and exclusive benefit of the signatories and are not intended to benefit any third party. No third party may claim any right or benefit under these Terms, except as expressly provided (for example, the Indemnified Parties in Section 10).

By using the Service, you acknowledge that you have read these Terms & Conditions, understand them, and agree to be bound by them. If you have any questions about these Terms, please contact us at support@1stpage.com. Thank you for choosing 1stPage as your Amazon analytics partner!