Reimbursements & Profit Recovery

AMAZON 1P VENDOR RECOVERY

ChargeGuard by Carbon6

Automate profit recovery for chargeback fees, shortages, and accruals.

WALMART 1P DEDUCTION MANAGEMENT

RecoveryPro by Carbon6

Streamline your profit recovery across 13 essential deduction categories.

FBA REIMBURSEMENTS

Seller Investigators by Carbon6

Recover reimbursements and get your money back from Amazon.
Advertising & DSP

EXTERNAL TRAFFIC

PixelMe by Carbon6

Boost rank and ROAS with revolutionary off-Amazon advertising.

AMAZON DSP CAMPAIGNS

DSP Prime by Carbon6

Create new revenue streams with strategic DSP management.
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Carbon6 Terms of Service

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Please read these Terms of Service (“Terms”) carefully. BY USING THE SOFTWARE, SERVICES OR THE WEBSITES OFFERED BY CARBON6 TECHNOLOGIES, INC. OR ITS AFFILIATES OR SUBSIDIARIES, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE, DO NOT USE THE SOFTWARE, SERVICES OR WEBSITES. FOR CERTAINTY, C6 RESERVES THE RIGHT TO UPDATE AND CHANGE THESE TERMS BY POSTING UPDATES AND CHANGES HERE:

https://www.carbon6.io/legal/termsandconditions/

You are advised to check the Terms from time to time for any updates or changes that may impact you. Any reference to the Terms includes any and all terms and documents incorporated by reference and also includes, without limitation, C6’s Master Subscription Agreement located, as of the date hereof, at

https://www.carbon6.io/legal/master-subscription-agreement/
(as amended, restated, modified, supplemented, or replaced from time to time, the “MSA”).

Software, Services and Websites

  1. Defined Terms. Capitalized terms used but not defined herein shall have the meaning ascribed thereto as provided in the MSA.
  2. Services. Carbon6 Technologies, Inc., a Delaware corporation (or its assignee, referred to, as applicable, as “C6”, “we” or “us”) is the premier ecosystem of connected software and services for professional eCommerce sellers.  We offer various tools and expertise designed to increase efficiency, drive profitability, and scale with data intelligence. The C6 ecosystem is owned and operated by C6. The Services have a range of features and functionalities. Not all Services or features will be available to all Customers at all times and we are under no obligation to make any Services or features available in any jurisdiction. Except where prohibited in these Terms or by applicable law, we reserve the right to modify the Services or any part thereof for any reason, without notice and at any time.
  3. Customer. As a customer of C6 or a representative of an entity that is a customer of C6, you are a “Customer” according to this agreement (or “you”, “your”, or “yourself”). You represent that you have full power, capacity and authority to accept these Terms on behalf of yourself or your employer.
  4. Account Requirements. To set up an account or to otherwise use the Services you must:
    1. Be 18 years of age, or the age of majority in your province, territory or country, to become a Customer. Individuals under the age of 18, or applicable age of majority, may utilize the Services only with the involvement of a parent or legal guardian, under such person’s account and otherwise subject to these Terms.
    2. Provide your legal full name, valid email address, and any other information we request to complete your account-signup process.
    3. Provide us with one or more Payment Methods. “Payment Method” means a current, valid, accepted method of payment, as may be updated from time to time and which may include payment through your account with a third party.
    4. Personally and manually create your account without using any automated means, except for any auto-complete feature offered by your internet service provider. A third party may not create an account for you and you must not allow any third party to use your information to create an account.
  1. Account Ownership. The Customer who creates the account and whose Payment Method is charged (the “Account Owner”) has access to and control over the account and is responsible for any activity that occurs through the account. To maintain control over the account and prevent anyone from accessing the account, the Account Owner should maintain control over access to the Service and not reveal the password or details of the Payment Method associated with the account to anyone. Account Owners shall not share their account, log-in or any other access related credentials with any other party unless explicitly stated otherwise in the details related to the specific plan they purchased. Absent an explicit multi-user authorization, all accounts are for a single-user only. You are responsible for updating and maintaining the accuracy of the information you provide to us relating to your account. Without limiting any other remedies, we reserve the right to terminate your account or suspend your account in order to protect you and/or us. We reserve the right, in our sole discretion, to determine rightful account ownership and transfer any account to the rightful owner thereof.  You will immediately notify us of any unauthorized use of your account. We will not be liable for any loss or damage from your failure to comply with these security obligations.

Payment

  1. Billing. C6 may offer the Services through a variety of billing methods, which include, but are not limited to, one-time subscriptions, ad-hoc billing/invoicing, monthly recurring subscriptions, and annual recurring subscriptions (“Subscription”). C6 will bill you on the date you subscribe to or otherwise access or use the Services (“Subscription Date”), if applicable and will continue to bill you in accordance with your selected Subscription until you cancel.  You must cancel your Subscription at least one day prior to the next billing date to avoid a Subscription renewal. 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.
  2. Payment Methods. To use the Services you must provide one or more Payment Methods. You can update your Payment Methods by going to the “Account” page of our Website(s). Following any update, you authorize us to continue to charge the applicable Payment Method(s). You authorize us to charge any Payment Method associated with your account in case your primary Payment Method is declined or no longer available to us for payment of your subscription fee. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the Service until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees relating to the processing of your Payment Method. Check with your Payment Method service provider for details.
  3. Term. Subject to the terms of the Agreement, you can cancel your Subscription at any time, and you will continue to have access to the Services through the end of your pre-paid billing cycle unless otherwise stated in the Sales Order. We do not provide refunds or credits for any partial Subscription periods. To cancel, please navigate our Website to your account profile and follow instructions from there, or contact our Customer Support team ([email protected]).  Subject to the first sentence of this Section, upon termination of the Services by either party for any reason:
    1. Other than as provided in the Agreement, we will cease providing you with the Services and you will no longer be able to access your account;
    2. Any outstanding balance owed to us for your use of the Services through the effective date of such termination will immediately become due and payable in full; and
    3. Notwithstanding any such termination, you acknowledge and agree that for any Services then in progress or for any claims for which Carbon6 has initiated recovery prior to the effective date of termination, Carbon6 shall be entitled to continue providing the applicable Services through to a negotiated payout and any Fees will be payable by you, and will be promptly paid by you, notwithstanding any such termination.
  4. Changes to the Price and Subscription Plans. We reserve the right to change our subscription plans or adjust pricing for the Services or any components thereof in any manner and at any time 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.
  5. No Refunds. Payments are nonrefundable and there are no refunds or credits for partially used periods. Following any cancellation, however, you will continue to have access to the Services through the end of your current billing period.

Disclaimers of Warranties and Limitations on Liability

  1. Disclaimer of Warranties. NEITHER CARBON6 NOR ITS THIRD-PARTY LICENSORS MAKES ANY WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE SERVICES. CARBON6 DISCLAIMS AND EXCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY OF NONINFRINGEMENT OF THIRD PARTIES’ RIGHTS. CARBON6 DOES NOT WARRANT THAT CUSTOMER’S USE OF THE SERVICES WILL BE UNINTERRUPTED OR THAT THE OPERATION OF THE SERVICES WILL BE ERROR-FREE OR SECURE OR THAT IT WILL BE COMPATIBLE WITH ALL OF CUSTOMER’S (OR ITS END CUSTOMERS’, IF APPLICABLE) EQUIPMENT OR SOFTWARE CONFIGURATIONS, OR THAT THE SERVICES ARE DESIGNED TO MEET ALL OF CUSTOMER’S BUSINESS REQUIREMENTS. NO CARBON6 DEALER, DISTRIBUTOR, RESELLER, AGENT, OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS, OR ADDITIONS TO THIS WARRANTY AND ANY OTHER SUCH TERMS OR REPRESENTATIONS SHALL NOT BE BINDING ON CARBON6.
  2. Limitation of Liability. IN NO EVENT SHALL EITHER PARTY’S AGGREGATE, CUMULATIVE MONETARY OBLIGATION AND LIABILITY TO THE OTHER PARTY OR ANY OTHER PARTY UNDER THIS AGREEMENT REGARDLESS OF THE FORM OF ANY CLAIM OR ACTION (WHETHER IN CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE) EXCEED THE PAYMENTS, WITH RESPECT TO CUSTOMER, PAID OR PAYABLE BY CUSTOMER, OR WITH RESPECT TO CARBON6, PAID BY CUSTOMER TO CARBON6 FOR THE SERVICES, SUPPORT SERVICES OR PROFESSIONAL SERVICES THAT GAVE RISE TO THE ACTION OR CLAIM DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT.

THE FOREGOING LIMITATIONS SHALL NOT APPLY TO EITHER PARTY’S GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR BREACH OF CONFIDENTIALITY OBLIGATIONS; CUSTOMER’S BREACH OF CARBON6’S INTELLECTUAL PROPERTY RIGHTS; CUSTOMER’S PAYMENT OBLIGATIONS; OR THE INDEMNIFICATION OBLIGATIONS. Notwithstanding anything to the contrary in this Agreement, Carbon6 shall have no liability arising from: (i) any disclosure of Customer Data by the Authorized Users or through the functions and settings of the Services under Customer’s control; (ii) claims alleging that Customer Data violates the intellectual property rights of a third party; (iii) damages or losses, if any, caused by any modification or adaptation made by Customer to a Service without Carbon6’s express prior written consent; or (iv) any action(s) taken by, through, or for the benefit of you in connection with the provision of any Services by C6, including, without limitation, with respect to Your Systems.

EXCEPT FOR EITHER PARTY’S GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR BREACH OF CONFIDENTIALITY OBLIGATIONS OR CUSTOMER’S BREACH OF CARBON6’S INTELLECTUAL PROPERTY RIGHTS, IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY, OR TO ANY THIRD PARTIES FOR (A) INDIRECT, SPECIAL, CONSEQUENTIAL, COLLATERAL OR INCIDENTAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOSS OF BUSINESS, REVENUES, PROFITS AND GOODWILL, OR (B) INTERRUPTION OF USE, LOSS OR INACCURACY OF DATA, LOSS OF, OR COST OF PROCURING SUBSTITUTE TECHNOLOGY, GOODS OR SERVICES, IN EACH CASE EVEN IF A PARTY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

  1. Results Not Guaranteed. C6 makes no guarantee or representation of any kind concerning the results of your use of the Services. Any testimonials or examples displayed or depicted regarding the Services are only examples of what may be possible. There can be no assurance as to any particular outcome, including increased income, Amazon (or any other applicable eCommerce platform or service) ranking , sales, and/or any other outcome, based on the use of the Services or any other products, programs or service offered by us.
  2. Indemnification for Breach of Terms of Use. You agree to indemnify and hold C6, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against C6 by any third party due to or arising out of or in connection with your use of the Services.
  3. Third Party Resources. The Services may contain links to third party websites or other resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content or policies of third-party websites or other resources. Links to such websites or resources are provided only as a convenience to you and do not imply any endorsement by or affiliation with C6. You acknowledge sole responsibility for, and assume all risk arising from, your use of any such third-party websites or resources.
  4. Your Systems. You acknowledge and agree that the provision of certain Services offered by C6 is contingent upon your timely cooperation and the availability of necessary resources including, without limitation, the provision of, and continued access by, C6 to certain of Your Systems for the purposes of performing C6’s obligations in Your Systems. You agree and consent to provide C6 with, and maintain during the Term, the necessary access and resources in a timely manner and expressly consent to C6 performing such services in Your Systems. You further agree that, in the event of any delay or failure by you to provide such resources or access, C6 shall not be liable for any resulting delay or failure in the performance of C6’s obligations. Notwithstanding the foregoing and without limiting the generality thereof, you have and will retain sole control over the operation, management and maintenance of, and all access to and use of, Your Systems, and sole responsibility for all access to, and use of, our services by any Person by or through Your Systems or any other means controlled by you, including any: (i) information, instructions or materials provided by you or any of them to C6; (ii) results obtained from any use of our Services; and (iii) conclusions, decisions or actions based on such use. In addition, you have and will retain sole responsibility for: (a) all information, instructions and materials provided by or on behalf of you in connection with our Services; (b) the security and use of credentials and of each of the account(s); and (c) all access to and use of the Services directly or indirectly by or through Your Systems or your or any of your users credentials, with or without your knowledge or consent, including all results obtained from, and all conclusions, decisions and actions based on, such access or use. “Your Systems” means your information technology infrastructure, including computers, software, hardware, databases, electronic systems (including database management systems), networks and internet connectivity, whether operated directly by you or through the use of third-party services, and including, without limitation, any of your user account(s) or other account(s) that you may provide C6 or its personnel with access to in connection with the provision of certain Services by C6.

Security & Retention

  1. Security. The privacy and protection of your data is of the utmost importance to us. Although we use multiple and various security measures to help protect your Personal Data against loss, misuse or unauthorized disclosure, we cannot 100% guarantee the security of information transmitted to us over the Internet.
  2. Retention. We will retain your information for as long as needed to provide you with the Services. If you wish to cancel your account or request that we no longer use your information to provide you the Services, contact us at [email protected].  We will retain only that information necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

Miscellaneous

  1. Privacy Statement. C6 may use and disclose your information according to our Privacy Statement. Our Privacy Statement www.carbon.io/legal is incorporated into these Terms.
  2. Intellectual Property. The Website(s), its original content, features, functionality (including look), our trademarks, service marks, logos, and Services content (“Intellectual Property”) are owned by C6 and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. You agree to not copy, modify, create derivative works of, publicly display, publicly perform, or republish any of our Intellectual Property. The term “content” includes, without limitation, information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, AdWords, and interactive features generated, provided, or otherwise made accessible on the Website or otherwise through the Services.
  3. Intellectual Property Rights. C6 respects the intellectual property rights of others and expects its users to do the same. It is our policy to respond to notices of alleged infringement that comply with applicable intellectual property laws and to promptly remove or disable access to any material claimed to be infringing upon the intellectual property rights of others.
  4. Notice of Infringement. If you believe that any content available through the Services infringes upon your intellectual property rights, please provide C6 with a written notice of infringement that includes the following information:
    1. A physical or electronic signature of the copyright or intellectual property owner or their authorized representative.
    2. Identification of the copyrighted work or intellectual property claimed to have been infringed, or, if multiple works or intellectual properties are covered by a single notification, a representative list of such works.
    3. Sufficient information to enable C6 to locate and identify the allegedly infringing content, such as the URL or other specific location within the Services.
    4. Your contact information, including your name, address, telephone number, and email address.
    5. A statement that you have a good faith belief that the use of the copyrighted work or intellectual property is not authorized by the owner, its agent, or the law.
    6. A statement, made under penalty of perjury, that the information provided in the notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on behalf of the owner.
  5. Counter-Notice. If you believe that your content was wrongly removed or disabled due to a mistaken infringement claim, you may submit a counter-notice to C6. Your counter-notice must include the following information:
    1. Your physical or electronic signature.
    2. Identification of the content that was removed or disabled and the location at which the content appeared before it was removed or disabled.
    3. A statement, under penalty of perjury, that you have a good faith belief that the content was removed or disabled as a result of mistake or misidentification.
    4. Your contact information, including your name, address, telephone number, and email address.
    5. A statement that you consent to the jurisdiction of the federal district court located in the State of Delaware and that you will accept service of process from the person who provided the original infringement notification.
  1. Repeat Infringers. C6 reserves the right to terminate, in appropriate circumstances and at its sole discretion, the accounts of Customers who are deemed to be repeat infringers of intellectual property rights.
  2. Customer Data. “Customer Data” means information, data, and 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 Services. As between you and C6, you own all right, title, and interest, including all intellectual property rights, in and to the Customer Data. You hereby grant C6 a non-exclusive, royalty-free, worldwide license to reproduce, distribute, and otherwise use and display the Customer Data and perform all acts with respect to the Customer Data as may be necessary for C6 to provide the Services and a non-exclusive, perpetual, irrevocable, royalty-free, worldwide license to use the Customer Data for analytics purposes. C6 will use your billing and other personal information only for the purpose of providing you the Services.  For more information, refer to C6’s Privacy Statement which can be found here: https://www.carbon6.io/legal/.
  3. International Users. The Services are controlled, operated and administered by C6 from our offices within the USA and Canada. If you access the Services from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the content accessed through the Website in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
  4. Compliance with Law. You represent and warrant that your use and interaction with C6 and the Services is and will be 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 determine that you are in compliance with the laws of that country. You agree to indemnify and hold us harmless from any losses, including attorney fees that result from your breach of any part of these representations and warranties.
  5. Force Majeure. We shall not be liable for any failure of or delay in the performance of this agreement for the period that such failure or delay is due to causes beyond our reasonable control, including but not limited to acts of God, war, hackers, third party internet providers, government orders, power failures, nuclear destruction, Armageddon or any other force majeure event.
  6. Severability. The invalidity or unenforceability of any provisions of these Terms shall not affect the validity or enforceability of any other provisions of these Terms, which shall remain in full force and effect.  Any provision of these Terms which imposes an obligation after termination or expiration of this agreement shall survive the termination or expiration of this agreement.
  7. Governing Law. These Terms and your use of the Services shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of laws principles.
  8. Jurisdiction. Any action, suit, or proceeding arising out of or relating to these Terms or the use of the Services shall be filed exclusively in the state or federal courts located in the State of Delaware. You hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action, suit, or proceeding.
  9. Waiver of Jury Trial. To the fullest extent permitted by applicable law, you waive any right to a jury trial in any action, suit, or proceeding arising out of or relating to these Terms or the use of the Services.
  10. Injunctive Relief. You acknowledge and agree that any breach or threatened breach of these Terms by you may cause irreparable harm to C6 for which monetary damages would not be an adequate remedy. Accordingly, in addition to any other remedies available at law or in equity, C6 shall be entitled to seek injunctive relief to enforce these Terms without the need to post a bond or prove actual damages.
  11. Headings. The section headings contained in these Terms are for reference purposes only and shall not affect in any way the meaning or interpretation of these Terms.
  12. Waiver. Our failure to exercise or delay in exercising any right, power or privilege under these Terms shall not operate as a waiver; nor shall any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof.
  13. Dispute Resolution. Any dispute or controversy you or we have arising under or in connection with this agreement shall be settled exclusively by binding arbitration solely by written submission in Wilmington, in the State of Delaware, in accordance with the expedited Commercial rules of the American Arbitration Association then in effect, by one arbitrator. Judgment may be entered on the arbitrator’s award in any court having jurisdiction. The arbitrator shall not have the power to award any punitive or consequential damages. Arbitration shall proceed solely on an individual basis without the right for any claims to be arbitrated on a class action basis or on bases involving claims brought in a purported 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 to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration.

By using our Services, you agree to abide by this Dispute Resolution section and the procedures outlined herein.

  1. Assignment. You may not assign any of your rights under this agreement to anyone else. We may assign the Agreement or any part thereof or any of our rights at our discretion. All the terms and provisions of the Terms will be binding upon and inure to the benefit of the parties to the Terms and to their respective heirs, successors, permitted assigns and legal representatives.
  2. Notice. All notices to you will be effective when we send it to the last email or physical address you gave us or posted on our Website. Any notice to us will be effective when delivered to us at:

    [email protected]
    Carbon6 Technologies, Inc.
    111 Peter St,
    Toronto, ON M5V 2H1, Canada
  1. Electronic Communications. You understand that your Customer Materials may be transferred unencrypted and involved (transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. “Customer Materials” means your trademarks, trade names, copyright content, and any photos, images, videos, graphics, written content, audio files, code, information, or other data provided or made available by you or your affiliates to C6. When you use the Services, or send emails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us. We will communicate with you in a variety of ways, such as by e-mail, text, or by posting notices and messages on this Website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Without limiting the generality of the forgoing, you agree that by providing your phone number, you are agreeing to receive electronic communications, including SMS messages, related to the following:
    1. Account Management and Security: You may receive SMS messages regarding the security of your account, including two-factor authentication codes, password reset instructions, and notifications about suspicious activity.
    2. Updates and Changes: We may send you SMS messages to inform you of important updates or changes to our terms of service, privacy policy, or other relevant agreements.
    3. Promotional and Marketing Communications: With your consent, we may send you promotional or marketing messages about our services or related offerings.
    4. Customer Support: You may receive SMS messages as part of our customer support services, including responses to inquiries or requests for assistance.
      Standard messaging rates may apply, depending on your mobile service provider and plan. You are responsible for any fees charged by your mobile carrier for receiving SMS messages. You can opt-out of receiving specific types of SMS communications at any time by updating your preferences in your account settings or by contacting us directly.
  2. Entire Agreement. These Terms, together with the MSA, Sales Order and our Privacy Statement and any additional terms you have agreed to or by which you may be bound (collectively, the “Agreement”), constitute(s) the entire agreement with respect to its subject matter and constitutes and supersedes all prior agreements, representations and understandings of the parties, written or oral.