Legal

End User License Agreement

Takes effect October 1, 2026

This End User License Agreement (the "EULA") is a binding agreement between Frakle, LLC, doing business as MarketMonster.co ("MarketMonster", "we", "us"), and the person or entity that accepts it ("you"). It governs the license we grant you to use the Software.

You accept this EULA by creating an account, accepting an invitation to an Organization, issuing or using an API key, connecting a selling account, or otherwise using the Software. If you accept on behalf of a company, you represent that you have the authority to bind it, and "you" means that company. If you do not accept, do not use the Software.

1. Definitions

• Software means the MarketMonster.co web application, the background worker services that run on your behalf, the Application Programming Interface (API), the Model Context Protocol (MCP) server, and any client libraries or integrations we publish, in each case as hosted and made available by us.
• Documentation means the product documentation, in-application help, and API reference we publish.
• Organization means the tenant record in the Software that holds your data and to which your subscription attaches.
• Authorized User means a natural person you invite to your Organization, or an automated integration acting under an API key you issued.
• Your Data means data you submit to the Software and data we retrieve from a Connected Platform on your authorized behalf.
• Connected Platform means a marketplace or sales channel you authorize us to access for you, currently Amazon through the Selling Partner API (SP-API).
• Output means the calculations, classifications, reports, labels, manifests, estimates, and recommendations the Software produces from Your Data.
• Subscription Term means the period for which you have paid for, or been granted, access under the Terms of Service.

2. License grant

2.1 Scope

Subject to your compliance with this EULA and the Terms of Service, and for the duration of your Subscription Term, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable, worldwide right to access and use the Software and the Documentation for your own internal business purposes. This is a license to use hosted software as a service. No copy of the Software is sold to you, delivered to you, or licensed for installation on your own systems.

2.2 Authorized Users and seats

Only Authorized Users may use the Software, and only up to the seat limit of your tier. Each Authorized User needs their own credentials. Sharing one login between several people, or handing credentials to anyone outside your Organization, is not permitted. You are responsible for what your Authorized Users do in the Software, including the roles and permissions your administrators assign to them.

2.3 API and MCP access

Your license extends to our API and our MCP server on these conditions: you authenticate with an API key issued to your Organization; you keep that key confidential and rotate it if it is exposed; you respect published rate limits and do not work around them by rotating keys or spreading calls across Organizations; and you do not resell, sublicense, or expose our API to third parties as a service of your own, except as section 2.5 permits.

2.4 Documentation

You may copy and circulate the Documentation inside your Organization for the purpose of using the Software. You may not republish it as your own.

2.5 Managing selling accounts for clients

If you are a prep center, agency, aggregator, or similar service provider on a tier that supports it, you may use the Software to manage your clients' selling accounts. This is a permitted use, not an exception we tolerate. Three conditions attach: each client's data stays in its own Organization; you hold that client's authorization to act for it; and you do not present the Software to your clients as software you built, unless we have agreed to white-labeling with you in writing. Every restriction in section 3 continues to apply to you and to the clients you serve.

3. License restrictions

You will not, and will not permit anyone else to:

• copy, modify, translate, or create derivative works of the Software;
• reverse engineer, decompile, or disassemble the Software, or attempt to derive its source code, structure, or underlying ideas, except to the extent applicable law expressly permits despite this restriction;
• rent, lease, lend, sell, sublicense, or operate the Software as a service bureau for third parties, except as section 2.5 permits;
• use the Software, the Output, or the Documentation to train, fine-tune, or benchmark a machine learning model, or to build or assist anyone in building a competing product;
• scrape, crawl, bulk-export, or systematically harvest the Software or its interfaces by any means other than the API, or retain data beyond what your own use of the Software requires;
• circumvent, disable, or interfere with credit metering, seat limits, rate limits, feature gates, or any other technical restriction in the Software;
• probe, scan, or test the vulnerability of the Software or the systems it runs on, or attempt to reach data belonging to another Organization. Good-faith security research reported to security@marketmonster.co is welcome and is not a breach of this clause;
• remove, obscure, or alter any proprietary notice, mark, or attribution in the Software or Documentation;
• publish a benchmark, performance test, or comparative evaluation of the Software without our prior written consent;
• use the Software in violation of applicable law, of the Amazon Selling Partner API Terms of Use or Acceptable Use Policy, or of any Connected Platform policy that applies to your account;
• misrepresent your relationship with Amazon or any other Connected Platform, or present MarketMonster as an Amazon-operated or Amazon-endorsed service.

4. Ownership and reservation of rights

We and our licensors own the Software, the Documentation, and every intellectual property right in them, including in any improvement or new feature. This EULA transfers no ownership and grants no rights by implication or estoppel. All rights not expressly granted are reserved.

The MarketMonster name, logo, and monster mark are our trademarks. You may state as a matter of fact that you use MarketMonster. You may not use our marks in a way that suggests we endorse you or that we are the source of your goods or services.

5. Your Data

You own Your Data. You grant us a limited, non-exclusive, worldwide license to host, copy, transmit, display, and process Your Data solely in order to operate, secure, and support the Software for you, and to carry out the things you asked the Software to do, such as calling a Connected Platform on your behalf, generating labels, or computing a report. We handle Your Data as described in the Privacy Policy. We do not sell Your Data, do not use connected-platform data to train general purpose machine learning models, and do not use it for advertising.

We may generate aggregated, de-identified statistics from use of the Software, for example how long a sync takes or how often a workflow fails, and use them to operate and improve it. Those statistics do not identify you, your Organization, your products, or your customers, and we do not publish them in any form from which you could be identified.

6. Output, calculations, and estimates

The Software computes numbers: landed cost, profit and loss, fee estimates, reimbursement gaps, replenishment quantities, size tiers, eligibility, and similar. As between you and us, Output derived from Your Data belongs to you, and you may use it however you like.

Read that Output as a working figure, not a certified one. It is built from what a Connected Platform returned at a point in time, and the Selling Partner API (SP-API) has rate limits, eventual consistency, retroactive adjustments, and outages that we do not control. Output is not accounting, tax, legal, customs, or regulatory advice. Decisions with money, compliance, or safety attached, such as filing a return, shipping a hazardous material, confirming a freight charge, or disposing of inventory, remain yours, and you are responsible for checking the underlying figures against your own records and against the Connected Platform before you act on them.

7. Connected Platforms and your authorization

You represent that you are authorized to grant us access to every selling account you connect, and that granting it does not breach your agreement with that Connected Platform. Your relationship with the Connected Platform is yours, and its terms govern it. We act only within the roles you authorize at connection time, and only for as long as that authorization is live.

You can revoke our access at any time from the platform itself. For Amazon, do this in Seller Central under Apps and Services, then Manage Your Apps. Revocation cuts off our access immediately and starts the deletion process described in the Privacy Policy. We are not responsible for a Connected Platform changing, deprecating, throttling, or withdrawing its API, nor for any action a Connected Platform takes against your seller account.

MarketMonster is an independent third-party service. It is not affiliated with, endorsed by, or sponsored by Amazon.com, Inc.

8. Credits and metering

Metered workflows consume credits at the rates published on the pricing page. Your license to run a metered workflow is conditioned on your Organization holding the credits for it. Our metering records are the system of record for what was consumed, absent manifest error. Credits are a unit of access to the Software rather than currency: they are non-transferable, carry no cash value, and give you no property interest in anything. How credits are purchased, when they expire, whether they roll over, and when they are refundable are governed by the Terms of Service.

9. Beta, preview, and flagged features

Some features ship behind a flag and are labelled beta, preview, or early access. They are licensed to you on the same terms as the rest of the Software, with three differences: they are provided as is, with no warranty and no service commitment; they may change, break, or be withdrawn without notice; and we may cap or revoke access to them at any time. Do not build an operational process you cannot run without them.

10. Feedback

If you send us ideas, feature requests, bug reports, or suggestions, we may use them without restriction, obligation, attribution, or payment, and you grant us a perpetual, irrevocable, worldwide, royalty-free license to do so. This gives us no rights in Your Data. Do not include in feedback anything confidential that you are not free to share.

11. Third-party and open-source components

The Software includes third-party and open-source components licensed to us under their own terms. Those terms govern those components, and where one of them grants you rights broader than this EULA, the broader rights control for that component alone. The Software also depends on third-party services, currently Amazon, Clerk, Stripe, Supabase, Netlify, Railway, and Sentry, as listed in the Privacy Policy. We are responsible for selecting them and for the contracts we hold with them. We are not responsible for their independent acts, outages, or pricing decisions.

12. Updates, changes, and deprecation

We update the Software continuously, and updates are included in your license at no additional charge. We may add, change, or remove features. For a feature that is generally available and not flagged as beta, we give organization administrators at least 30 days of notice before we remove it or make a breaking change to a published API surface, unless a shorter timeline is forced on us by law, by a security problem, or by a change on a Connected Platform. API deprecations are announced on the updates page.

13. Support

Support is provided by email at support@marketmonster.co during business hours, at the level described for your tier. This EULA does not create a service level agreement or an uptime commitment. Where your subscription includes one, it lives in your order form or the Terms of Service.

14. Confidentiality

Non-public aspects of the Software and Documentation are our confidential information, including unreleased features, individually quoted pricing, and security details. Treat them with at least the care you use for your own confidential information, and disclose them only to Authorized Users who need them and are bound by equivalent obligations. This does not cover information that is public through no fault of yours, that you already held, that you develop independently, or that you are required by law to disclose, in which case tell us first if you are lawfully able to.

15. Term and termination

15.1 Term

This EULA begins when you first accept it and runs for as long as you have access to the Software.

15.2 Termination by you

You may terminate at any time by closing your Organization and ceasing all use of the Software. Fees already paid are handled under the Terms of Service.

15.3 Suspension or termination by us

We may suspend or terminate your license if you materially breach this EULA or the Terms of Service, or if continuing to serve you would expose us, a Connected Platform, or other customers to material risk. Where the breach can be cured and the risk allows it, we give notice and 10 days to cure. Where it cannot, as with active abuse, a live security threat, or a demand from a Connected Platform, we may act immediately and will tell you promptly afterwards.

15.4 Effect of termination

On termination your license ends and you must stop using the Software, including the API and the MCP server. For 30 days afterwards we keep your account data available for export on request, unless the law or a Connected Platform requires otherwise. After that window, deletion proceeds on the schedule in the Privacy Policy.

15.5 Survival

Sections 3, 4, 5 (as to aggregated statistics), 6, 10, 14, 16 through 20, 22, and 23 survive termination.

16. Warranty disclaimer

To the maximum extent permitted by law, the Software, the Documentation, and the Output are provided on an as is and as available basis, without warranty of any kind, whether express, implied, or statutory, including any implied warranty of merchantability, fitness for a particular purpose, title, non-infringement, or any warranty arising from a course of dealing or usage of trade. We do not warrant that the Software will be uninterrupted, timely, secure, or error-free, that it will remain compatible with any future version of a Connected Platform API, or that data retrieved from a Connected Platform will be complete or correct at any given moment.

17. Limitation of liability

To the maximum extent permitted by law, neither party is liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenue, lost goodwill, lost or corrupted data, business interruption, or the cost of substitute services, even if the party was advised that such damages were possible.

Our aggregate liability arising out of or relating to the Software, on any theory of liability, will not exceed the lesser of (a) the amounts you paid us in the 12 months before the event giving rise to the claim, or (b) one thousand United States dollars (US $1,000), provided that this cap will in no event be less than one hundred United States dollars (US $100). That floor limits how far the cap can fall; it is not itself an amount owed, and it does not create liability where none otherwise exists.

This cap is shared with the Terms of Service. The two documents do not stack: a single course of events produces one cap, not two. Nothing here limits liability that cannot be limited by law, including liability for fraud or fraudulent misrepresentation, or for death or personal injury caused by negligence. These limits are a fundamental basis of the bargain between us and apply even if a limited remedy is found to have failed of its essential purpose.

18. Indemnification

18.1 By you

You will defend and indemnify us against third-party claims arising from your use of the Software in breach of this EULA or of applicable law, from Your Data, from your relationship with a Connected Platform, or from the clients you serve if you use the Software under section 2.5.

18.2 By us

We will defend and indemnify you against a third-party claim that the Software, used as this EULA permits, infringes a United States patent, copyright, or trademark, and we will pay damages finally awarded or a settlement we approve. If such a claim arises we may, at our option, obtain the right for you to continue using the Software, modify it so that it is no longer infringing, or terminate the affected license and refund fees you prepaid for the unused period. This obligation does not apply where the claim arises from Your Data, from use in breach of this EULA, from combination with something we did not supply, or from a modification we did not make.

18.3 Process

The indemnified party must give prompt written notice of the claim, allow the indemnifying party to control the defense, and cooperate reasonably. The indemnifying party may not agree to a settlement that admits fault by, or imposes an obligation on, the other party without that party's written consent.

19. Export control and sanctions

You may not use or access the Software from, or give access to anyone located in, a country or region subject to United States embargo. You represent that you are not named on any United States government restricted-party list, and are not owned or controlled by anyone who is. You will comply with United States export control and sanctions laws in your use of the Software.

20. United States government end users

The Software is "commercial computer software" and the Documentation is "commercial computer software documentation" as those terms are used in FAR 12.212 and DFARS 227.7202. United States government end users acquire only the rights set out in this EULA, and no others.

21. Assignment

You may not assign this EULA without our prior written consent, except to a successor of all or substantially all of your business or assets that is not a competitor of ours, with written notice to us. We may assign this EULA to an affiliate, or in connection with a merger, acquisition, or sale of assets. Any attempted assignment that does not follow this section is void.

22. Governing law and venue

This EULA is governed by the laws of the State of Delaware, United States, without regard to its conflict-of-laws rules, and excluding the United Nations Convention on Contracts for the International Sale of Goods. The dispute resolution provisions of the Terms of Service, including the agreement to arbitrate and the class action waiver, apply to disputes under this EULA as though they were set out here in full.

23. General

23.1 Order of precedence

If a signed order form, the Terms of Service, and this EULA conflict, they control in that order, and only on the point that actually conflicts. Everything else in each document continues to apply.

23.2 Changes to this EULA

We may update this EULA. Material changes are notified by email to active organization administrators at least 14 days before they take effect, and the effective date at the top of this page is updated. Continued use of the Software after that date is acceptance. If you do not accept a change, stop using the Software and terminate under section 15.2.

23.3 Miscellaneous

• Severability. If a provision is held unenforceable, it is limited or severed to the minimum extent necessary and the rest stays in force.
• No waiver. Failing to enforce a provision is not a waiver of it.
• Entire agreement. This EULA, the Terms of Service, the Privacy Policy, and any signed order form are the entire agreement between us about the Software, and supersede any earlier understanding on that subject.
• Notices. We give notice to the email addresses of your active organization administrators, or in the application. You give notice to legal@marketmonster.co.
• Force majeure. Neither party is liable for a delay or failure caused by something outside its reasonable control, including a Connected Platform outage, an infrastructure provider failure, a natural disaster, or an act of government.
• Independent contractors. This EULA creates no partnership, joint venture, agency, or employment relationship.
• No third-party beneficiaries. Nobody outside the two parties acquires rights under this EULA.

24. Contact

The Software is licensed by Frakle, LLC, doing business as MarketMonster.co. Questions about this EULA go to legal@marketmonster.co. Our mailing address is available on request.