Legal

Terms of Service

Effective September 21, 2026

These Terms of Service (the "Terms") govern your access to and use of the MarketMonster.co website, application, and Application Programming Interface (API) (together, the "Service"), operated by Frakle, LLC, doing business as MarketMonster.co ("MarketMonster", "we", "us"). By creating an account, accepting an invitation to an organization, or otherwise using the Service, you agree to be bound by these Terms. If you agree on behalf of a company, you represent that you have the authority to bind it.

1. The Service

MarketMonster provides tooling for Amazon Selling Partners to manage inbound Fulfillment by Amazon (FBA) shipments, inventory, listings, accounting, and related logistics workflows. The Service interacts with the Amazon Selling Partner API (SP-API) under authorization you grant. MarketMonster is an independent third-party service and is not affiliated with, endorsed by, or sponsored by Amazon.com, Inc.

1.1 Which documents apply

These Terms, the End User License Agreement (the "EULA"), and the Privacy Policy all apply to your use of the Service. If they conflict, a signed order form controls first, then these Terms, then the EULA, then everything else, and only on the point that actually conflicts.

2. Accounts and organizations

You must be at least 18 years old and able to form a binding contract. The Service is offered for business use. You must provide accurate registration information and keep it current, and you are responsible for activity that occurs under your account, including keeping your credentials and API keys confidential.

Your data lives inside an organization. Organization administrators are responsible for the members they invite, for the roles and permissions they assign, and for removing members who should no longer have access. Seats are counted per person: each member needs their own login, and logins may not be shared. Where a tier permits you to manage selling accounts for clients, section 2.5 of the EULA governs how you may do it.

3. Credits, subscriptions, and billing

3.1 How credits work

Most workflows in the Service consume credits at the rates published on the pricing page. Credits are non-transferable and have no cash value. Our metering records are the system of record for what was consumed, absent manifest error.

Credits reach your organization from four sources, and they expire on different terms:

• Purchased credits. Credits you buy in a pay-as-you-go pack do not expire.
• Subscription credits. The allotment included in your tier is granted at the start of each billing period and stays available through the end of the following billing period, after which it expires. It carries over once and does not accumulate beyond that.
• Starter credits. Credits we grant when you create an organization, and when you first connect a selling account, expire 90 days after they are granted.
• Promotional credits. Bonus credits, including a first-purchase bonus, expire 90 days after they are granted unless the promotion says otherwise.

Expired credits leave your available balance. They are not restored and are not refundable. Credits are consumed in a fixed order: starter credits first, then subscription credits, then promotional credits, then credits you purchased.

3.2 Subscriptions

Paid subscriptions renew automatically at the end of each billing period unless cancelled before the renewal date. Annual plans are billed once for the year at the published annual rate. You may cancel at any time from the Stripe Customer Portal linked inside the application; cancellation takes effect at the end of the current billing period, and you keep access until then. The Service does not prorate subscriptions.

3.3 Overage and automatic top-up

If you consume more credits than your tier includes, the additional usage is charged at the overage rate for your tier. Automatic top-up is off unless an organization administrator turns it on, and when it is on you may set a monthly spending cap that we will not exceed. You can change or switch off both settings at any time in the application.

3.4 Refunds

Subscription fees are non-refundable except where required by law. Credits that you purchased but have not consumed are refundable for 14 days from the date of purchase if you have not used the Service in that period. Email support@marketmonster.co to request a refund.

3.5 Price changes

We may change our prices. A change to the recurring price of a plan you are on takes effect at your next renewal, and we give organization administrators at least 30 days of notice by email first.

3.6 Failed payments and disputes

If a payment fails, we may retry it and may suspend paid features until it clears. If you believe you were billed incorrectly, report it to us within 60 days of the charge, and we will investigate. Please raise a billing question with us before filing a chargeback: a chargeback filed without contacting us first may result in suspension while we resolve it.

3.7 Taxes

Prices are exclusive of taxes unless stated otherwise. You are responsible for any applicable sales, use, value-added, or similar taxes incurred through use of the Service.

4. Acceptable use

You agree not to:

• use the Service to violate any applicable law, the Amazon Selling Partner API Terms of Use, the Amazon Acceptable Use Policy, or any other Amazon policy that applies to your seller account;
• access, scrape, or aggregate Amazon data in a manner that violates Amazon data sharing requirements;
• misrepresent your relationship with Amazon, or imply that MarketMonster is an Amazon-operated service;
• connect a selling account you are not authorized to connect, or use the Service to act for a seller who has not authorized you;
• reverse engineer, decompile, or attempt to derive the source code of the Service;
• attempt to gain unauthorized access to the Service, to another user's account, to another organization's data, or to the underlying infrastructure, or circumvent credit metering, seat limits, rate limits, or feature gates;
• resell or sublicense the Service, or operate it as a service bureau, except where your tier and section 2.5 of the EULA permit it;
• use the Service to send unsolicited communications, deliver malware, or interfere with the operation of the Service for other users.

The EULA sets out further restrictions on how the software itself may be used. Both lists apply.

5. Your content and data

You retain ownership of all data you submit to the Service and all data we retrieve from Amazon on your authorized behalf ("Your Data"). You grant MarketMonster a limited license to process Your Data solely as needed to operate the Service for you. We handle Your Data in accordance with our Privacy Policy, and section 5 of the EULA describes that license in full.

The Service computes figures from Your Data, including profit and loss, landed cost, fee estimates, and reimbursement gaps. Those figures are working numbers built from what Amazon returned at a point in time, not certified accounting output, and they are not accounting, tax, or legal advice. Section 6 of the EULA explains what that means in practice.

6. Third-party services

The Service depends on third parties, currently Clerk, Stripe, Supabase, Netlify, Railway, Sentry, Resend, and Amazon, each listed in the Privacy Policy. Your relationship with Amazon is governed by your agreement with Amazon, and payments are processed by Stripe under its terms. We are responsible for choosing our processors and for the contracts we hold with them. We are not responsible for their independent acts, outages, pricing, or for any action Amazon takes against your seller account.

7. Suspension and termination

We may suspend or terminate your access to the Service if we reasonably believe you have violated these Terms or the EULA, or if continuing to provide the Service to you would expose MarketMonster, Amazon, or other users to material risk. Where the problem can be cured and the risk allows it, we give notice and 10 days to cure. Where it cannot, we may act immediately and will tell you promptly afterwards.

You may close your account at any time. On account closure we keep your data available for export for 30 days on request, then delete or anonymize it on the schedule described in the Privacy Policy.

8. Warranty disclaimer

The Service is provided on an as is and as available basis, without warranties of any kind, whether express or implied, including any implied warranty of merchantability, fitness for a particular purpose, title, or non-infringement. MarketMonster does not warrant that the Service will be uninterrupted or error-free, or that data retrieved from Amazon will be complete or correct at any given moment, given that SP-API itself has rate limits, eventual consistency, retroactive adjustments, and outages outside our control.

9. Limitation of liability

To the maximum extent permitted by law, MarketMonster shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, lost revenue, lost goodwill, or lost data. The aggregate liability of MarketMonster arising out of or relating to the Service shall not exceed the lesser of (a) the amount you paid to MarketMonster in the 12 months preceding the event giving rise to the claim, or (b) one thousand United States dollars (US $1,000), provided that this cap shall in no event be less than one hundred United States dollars (US $100). This 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 EULA. Nothing in these Terms limits liability that cannot be limited by law. These limits apply even if a limited remedy is found to have failed of its essential purpose.

10. Indemnification

You agree to indemnify and hold harmless MarketMonster and its affiliates from any third-party claims arising out of your use of the Service in violation of these Terms, the EULA, or applicable law, out of Your Data, or out of your relationship with Amazon. Our own indemnity for intellectual property claims is in section 18.2 of the EULA. The process in section 18.3 of the EULA applies to claims under this section.

11. Dispute resolution, arbitration, and class action waiver

Please read this section carefully. It affects how disputes are resolved.

11.1 Talk to us first

Before starting a formal proceeding, send a description of the dispute and the relief you want to legal@marketmonster.co. We will likewise email your organization administrator for any dispute we raise. Both parties agree to try in good faith to resolve reported disputes informally for 30 days before proceeding further.

11.2 Binding arbitration

If a dispute is not resolved within those 30 days, it will be settled by binding individual arbitration administered by JAMS under its Streamlined Arbitration Rules, before a single arbitrator, in the English language. The arbitration may be conducted by documents, telephone, or video conference unless the arbitrator decides an in-person hearing is needed, in which case it takes place in Delaware or at another location the parties agree on. The arbitrator decides questions of arbitrability, and the award may be entered as a judgment in any court of competent jurisdiction.

11.3 Class action waiver

Disputes will be brought only in an individual capacity. Neither party may bring or participate in a class, collective, consolidated, or representative proceeding, and the arbitrator may not consolidate claims or preside over any form of representative proceeding. If this waiver is held unenforceable as to a particular claim, that claim, and only that claim, is severed from arbitration and heard in court under section 12.

11.4 Your right to opt out

You may opt out of sections 11.2 and 11.3 by emailing legal@marketmonster.co with the subject line "Arbitration Opt-Out" within 30 days of the date these Terms first apply to you, stating your name and the organization concerned. For an account created on or after the effective date above, that is the date you created it. For an account that already existed on the effective date, that is the effective date itself, because the Terms you accepted earlier contained no arbitration agreement. Opting out costs you nothing and affects no other part of these Terms. If you opt out, disputes are resolved in court under section 12.

11.5 Exceptions

Either party may bring a claim in small claims court, and either party may seek injunctive relief in court to protect intellectual property or stop unauthorized access to the Service, without first completing sections 11.1 through 11.3.

12. Governing law and venue

These Terms are governed by the laws of the State of Delaware, United States, without regard to its conflict-of-laws principles, and excluding the United Nations Convention on Contracts for the International Sale of Goods. Where a dispute is not subject to arbitration, it shall be resolved exclusively in the state or federal courts located in Delaware, and both parties consent to the jurisdiction of those courts.

13. Changes to the Service or these Terms

We may modify the Service or these Terms from time to time. Material changes to these Terms will be communicated by email to active organization administrators at least 14 days before the change takes effect, and the effective date at the top of this page will be updated. Continued use of the Service after the effective date constitutes acceptance. Non-material changes, such as a corrected typo or a clarification of wording that was already true, take effect when published.

14. General

• Severability. If a provision is held unenforceable, it is limited or severed to the minimum extent necessary and the rest of these Terms stays in force.
• No waiver. Failing to enforce a provision is not a waiver of it.
• Assignment. You may not assign these Terms without our written consent, except to a successor of all or substantially all of your business that is not a competitor of ours, on written notice. We may assign them to an affiliate or in connection with a merger, acquisition, or sale of assets.
• 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 an Amazon outage, an infrastructure provider failure, a natural disaster, or an act of government.
• Survival. Sections 3 (as to amounts owed, as to credits having no cash value, and as to the refund right in section 3.4), 4, 5, 7 (as to the post-closure export window), and 8 through 14 survive termination.
• Entire agreement. These Terms, the EULA, the Privacy Policy, and any signed order form are the entire agreement between us about the Service.
• No third-party beneficiaries. Nobody outside the two parties acquires rights under these Terms.

15. Notice for California users

Under California Civil Code section 1789.3, California users are entitled to this notice: the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

16. Contact

The Service is operated by Frakle, LLC. Questions about these Terms go to legal@marketmonster.co. Our mailing address is available on request.