Tool Terms of Service

These Tool Terms of Service (the "Tool Terms") govern your access to and use of the DS ProSolution self-serve web application and dashboard (the "Tool"). The Tool is operated by RLIM LLC, a New Mexico limited liability company doing business as DS ProSolution ("DS ProSolution," "we," "us," or "our"). These Tool Terms incorporate by reference our Privacy Policy, which describes how we collect, use, and protect your information. Please read these Tool Terms carefully before using the Tool.

1. Acceptance of these Tool Terms

By creating an account, accessing, or otherwise using the Tool, you agree to be bound by these Tool Terms and by our Privacy Policy. If you do not agree to these Tool Terms, you must not access or use the Tool.

2. Eligibility

The Tool is intended for natural persons who are at least 18 years old and who can form a legally binding contract under applicable law. By using the Tool, you represent and warrant that you meet these requirements. If you do not, you must not access or use the Tool.

3. Accounts and Security

You are responsible for providing accurate and complete account information and for keeping it up to date. You are responsible for maintaining the confidentiality of your sign-in credentials (such as your Google sign-in) and for all activity that occurs under your account, whether or not authorized by you. You must promptly notify us at support@dsprosolution.com if you become aware of any unauthorized use of your account or any other breach of security.

4. Subscriptions, Fees, and Billing

Certain features of the Tool require a paid subscription. Paid plans are billed through our third-party payment processor (Stripe). Unless otherwise stated, subscriptions automatically renew for successive billing periods until cancelled, and you authorize us and our payment processor to charge your selected payment method on a recurring basis for the applicable fees. The pricing, billing frequency, and other terms applicable to your plan are presented to you at sign-up. You are responsible for any applicable taxes. Except where required by law, all fees are non-refundable.

5. License to Use the Tool

Subject to your compliance with these Tool Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Tool for its intended purpose. We reserve all rights not expressly granted to you in these Tool Terms.

6. Acceptable Use

You agree that you will not:

• use the Tool for any unlawful purpose;
• reverse-engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Tool, except where such restriction is prohibited by law;
• scrape, harvest, or use automated means to access the Tool without our prior written permission;
• interfere with, disrupt, or attempt to gain unauthorized access to the Tool or to any related systems or networks;
• infringe the rights of others or transmit any viruses, malware, or other harmful code.

7. Third-Party Services

The Tool relies on or integrates with third-party services, including eBay, Amazon, Stripe, and Google. Your use of those services is governed by their own terms and policies. We are not responsible for, and do not control, any third-party services or marketplaces, and we make no representations or warranties regarding them.

8. Disclaimers

THE TOOL IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. We do not warrant that the Tool will be uninterrupted, error-free, or secure. We make no guarantee of profit, revenue, sales, account health, or the survival or continued standing of any marketplace account. Marketplaces set and enforce their own rules, and we have no control over their decisions.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL RLIM LLC OR ITS OFFICERS, MEMBERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO THE TOOL, WHETHER BASED ON CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, our total liability arising out of or related to the Tool will not exceed the GREATER OF (A) the amounts you paid to us for use of the Tool in the TWO (2) MONTHS preceding the event giving rise to the claim, or (B) ONE HUNDRED U.S. DOLLARS (US$100).

Some jurisdictions do not allow certain limitations of liability or the exclusion of certain damages, so some of the above limitations may not apply to you.

10. Indemnification

You agree to indemnify, defend, and hold harmless RLIM LLC and its officers, members, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to your use of the Tool, your breach of these Tool Terms, or your violation of any law or the rights of any third party.

11. Term and Termination

You may stop using the Tool or cancel your subscription at any time. We may suspend or terminate your access to the Tool if you breach these Tool Terms or as otherwise permitted by law. Upon termination, your license to use the Tool ends and you must stop using the Tool. Provisions that by their nature should survive termination — including, without limitation, the disclaimers, limitation of liability, indemnification, and governing law provisions — will survive.

12. Changes to these Tool Terms

We may update these Tool Terms from time to time. For material changes, we will update the "Last updated" date above and, where appropriate, provide additional notice. Your continued use of the Tool after an update takes effect means you accept the revised Tool Terms.

13. Managed-Service Clients

If you are a done-for-you or agency client, your managed-service engagement is governed by your signed Master Services Agreement (MSA) and Service Order Form (SOF), and is summarized in our Agency Terms. These Tool Terms govern your use of the self-serve Tool.

14. Governing Law and Venue

These Tool Terms are governed by the laws of the State of New Mexico, without regard to its conflict-of-laws rules. You agree that the exclusive venue for any dispute arising out of or related to these Tool Terms or the Tool will be the state or federal courts located in Bernalillo County, New Mexico, and you consent to the personal jurisdiction of those courts.

15. Contact

If you have any questions about these Tool Terms, please contact us at support@dsprosolution.com.

16. Entity Identification

The Tool is operated by RLIM LLC, a New Mexico limited liability company doing business as DS ProSolution, located at 65 Lawrenceville-Suwanee Rd, Ste 5, P.O. Box 1008, Lawrenceville, GA 30044, United States. For related policies, see our Privacy Policy, Website Terms of Use, and legal hub.