Terms of Service

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“you” or “User”) and Quobolt LLC, a New Jersey limited liability company (“Quobolt,” “we,” “our,” or “us”), governing your access to and use of the Quobolt software-as-a-service platform, website, and related services (collectively, the “Service”). By accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you must not access or use the Service.

You represent and warrant that: (a) you are at least 18 years of age; (b) you have the legal capacity and authority to enter into these Terms, whether on your own behalf or on behalf of a business entity you represent; (c) your use of the Service will comply with all applicable laws and regulations; and (d) if you are registering on behalf of a company or other legal entity, you have the authority to bind that entity to these Terms, in which case “you” refers to that entity.

Quobolt provides a software platform that connects to your Amazon Advertising account via the Amazon Advertising API to analyze campaign performance and generate AI-assisted optimization suggestions. Quobolt is an independent service and is not affiliated with, endorsed by, or sponsored by Amazon.com, Inc. or its affiliates. We reserve the right to modify, suspend, or discontinue any part of the Service, temporarily or permanently, at any time and without liability to you, except as expressly required by applicable law.

You are responsible for:

• Maintaining the confidentiality of your account credentials and restricting access to your account.
• All activities that occur under your account, whether or not authorized by you.
• Ensuring the accuracy and legality of all data, campaign information, and other content you submit to or connect through the Service.
• Complying with Amazon's Terms of Service, Amazon Advertising API Terms and Acceptable Use Policy, and all applicable Amazon advertising policies in connection with your use of the Service.
• Promptly notifying us at admin@quobolt.com of any unauthorized use of your account or any other breach of security.

Quobolt is not responsible for any loss or damage arising from your failure to comply with this Section.

• Subscription fees are billed in advance on a monthly or annual basis, depending on your selected plan, and are stated in U.S. dollars, exclusive of applicable taxes.
• You authorize Quobolt and its third-party payment processor (Stripe) to charge your payment method on file for all applicable fees, including recurring renewal charges.
• Subscriptions renew automatically at the end of each billing period unless cancelled prior to the renewal date in accordance with Section 16.
• Plan downgrades or changes take effect at the start of the next billing cycle.
• We reserve the right to change subscription pricing at any time upon at least 30 days' advance notice; continued use of the Service after a price change takes effect constitutes acceptance of the new pricing.
• You are solely responsible for any bank fees, currency conversion charges, or taxes associated with your payment.

All subscription fees are non-refundable. Once a billing period has commenced, no refunds, credits, or proration will be issued for partial months, unused features, downgrades, or early cancellation, except as set out below or as required by applicable law.

The sole contractual exception is where Quobolt's gross negligence or willful misconduct directly causes a material failure of the Service that prevents your access for an extended, continuous period. Any such refund request must be submitted in writing to admin@quobolt.com within 30 days of the incident and is subject to review and approval at Quobolt's sole discretion. This Section does not limit any non-waivable refund rights you may have under applicable law.

The Service depends on data made available through the Amazon Advertising API and other third-party integrations (including Stripe and our AI service provider, as described in our Privacy Policy). You acknowledge and agree that:

• Amazon, Stripe, and any other third-party providers may change, restrict, suspend, or discontinue their APIs or services at any time, which may affect or interrupt the Service, and Quobolt shall have no liability for any such interruption.
• Quobolt does not control, and is not responsible for, decisions made by Amazon regarding your seller or vendor account, including account suspensions, policy enforcement actions, or advertising account restrictions, whether or not related to your use of the Service.
• You are solely responsible for ensuring your advertising activity, including any changes made based on Quobolt's suggestions, complies with Amazon's policies.

The Service uses artificial intelligence and machine-learning models, including a third-party AI provider, to generate optimization suggestions (“AI Outputs”). You acknowledge and agree that:

• AI Outputs are provided for informational purposes only, may contain errors or inaccuracies, and do not constitute financial, business, legal, or professional advice.
• Quobolt does not guarantee any specific outcome, increase in sales, reduction in spend, or other result from following or implementing any AI Output.
• If you enable any automatic or “auto-apply” feature that allows the Service to make changes to your live Amazon advertising campaigns without your manual review, you do so entirely at your own risk, and you are solely responsible for monitoring your account and the consequences of any such automated changes.
• You are solely responsible for reviewing, verifying, and deciding whether to act on any AI Output before implementing it.

You agree not to use the Service to:

• Violate any applicable local, state, federal, or international law or regulation.
• Attempt to gain unauthorized access to any portion of the Service or its related systems or networks.
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of any part of the Service.
• Transmit any malicious code, viruses, worms, or other harmful software.
• Engage in fraudulent advertising, click fraud, or any activity that violates Amazon's advertising policies.
• Resell, sublicense, rent, lease, or commercially exploit the Service without Quobolt's express written consent.
• Scrape, crawl, or systematically extract data from the Service using automated means without authorization.
• Use the Service in any manner that could damage, disable, overburden, or impair the Service or interfere with any other party's use of the Service.

We reserve the right, but not the obligation, to investigate and take appropriate action against any suspected violation of this Section, including immediate suspension or termination of your account without refund, and reporting to law enforcement where warranted.

All content, features, functionality, software, algorithms, AI models, trademarks, and logos within the Service are the exclusive property of Quobolt or its licensors and are protected by U.S. and international intellectual property laws. Except for the limited right to use the Service under these Terms, no right, title, or interest in the Service is transferred to you.

As between you and Quobolt, you retain ownership of your own data (such as campaign metrics and account information) that you upload or connect to the Service (“Your Data”). You grant Quobolt a worldwide, non-exclusive, royalty-free, sublicensable license to access, use, process, reproduce, and display Your Data solely to provide, maintain, and improve the Service, and, in de-identified or aggregated form, for analytics, benchmarking, and product-improvement purposes.

You may not copy, modify, distribute, sell, lease, or create derivative works based on any part of the Service without Quobolt's express prior written permission.

Each party agrees to protect the other party's confidential information with the same degree of care it uses for its own confidential information of a similar nature, and no less than a reasonable degree of care, and to use such information solely in connection with the Service. This Section does not apply to information that is or becomes publicly available through no fault of the receiving party, was already known to the receiving party without confidentiality obligation, or is required to be disclosed by law.

THE SERVICE AND ALL AI OUTPUTS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. QUOBOLT DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR THAT ANY AI OUTPUT WILL BE ACCURATE, RELIABLE, OR SUITABLE FOR YOUR PARTICULAR BUSINESS NEEDS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

You agree to defend, indemnify, and hold harmless Quobolt and its officers, directors, members, employees, contractors, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with: (a) your use or misuse of the Service; (b) Your Data or any content you submit, connect, or transmit through the Service; (c) your violation of these Terms, including the Acceptable Use provisions in Section 9; (d) your violation of any applicable law or the rights of any third party, including Amazon's policies or any third party's intellectual property rights; or (e) any changes made to your Amazon advertising campaigns, whether made manually by you or through any automated or auto-apply feature of the Service. Quobolt reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate with Quobolt's defense of such claim.

You acknowledge that the use of third-party advertising platforms, automated optimization tools, and AI-generated recommendations carries inherent risk, including the risk of reduced sales, increased advertising spend, or adverse action by Amazon against your seller or advertising account. You expressly assume all such risks in connection with your use of the Service, whether or not you use any automated or auto-apply feature.

These Terms remain in effect for as long as you use the Service. Either party may terminate as follows:

• By You: You may cancel your subscription and close your account at any time through your account settings or by contacting admin@quobolt.com. Cancellation takes effect at the end of the current billing period, and no refund will be issued for the remainder of that period.
• By Quobolt: We reserve the right to suspend or terminate your account at any time, with or without cause and with or without notice, including for violation of these Terms, suspected fraud, non-payment, or if we discontinue the Service. We shall have no liability to you for any such suspension or termination.

Upon termination, your right to access the Service immediately ceases, and Quobolt has no obligation to retain Your Data beyond 30 days following termination, except as required by applicable law. Sections 9–15 and 17–22 of these Terms survive any termination of this agreement.

Quobolt shall not be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including acts of God, natural disasters, war, terrorism, riots, labor disputes, internet or utility failures, changes to third-party APIs (including Amazon's or Stripe's), governmental action, or any other event beyond Quobolt's reasonable control.

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

You and Quobolt agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service (a “Dispute”) shall be resolved exclusively through final and binding arbitration, rather than in court, except that either party may bring an individual action in small claims court if the claim qualifies, or seek injunctive relief in court to prevent actual or threatened infringement of intellectual property rights or unauthorized access to the Service.

You understand that, absent this arbitration agreement, you would have the right to sue in court and have a jury trial. You are giving up that right. Arbitration shall be administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules, and shall take place in New Jersey, or at the parties' mutual agreement, be conducted remotely or based on written submissions. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

YOU AND QUOBOLT EACH WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR REPRESENTATIVE ACTION. ALL DISPUTES MUST BE BROUGHT IN A PARTY'S INDIVIDUAL CAPACITY ONLY. If any portion of this class action waiver is found unenforceable, the remainder of this arbitration Section shall remain in effect, but the class, collective, or representative claim shall proceed in court rather than in arbitration.

These Terms and any Dispute not subject to arbitration shall be governed by the laws of the State of New Jersey, without regard to its conflict-of-law principles. Subject to Section 18, you agree to submit to the exclusive personal jurisdiction of the state and federal courts located in New Jersey for any Dispute not subject to arbitration.

Any claim or cause of action arising out of or related to your use of the Service or these Terms must be filed within one (1) year after the claim or cause of action arose, or it shall be permanently barred, to the extent permitted by applicable law.

We may modify, suspend, or discontinue any part of the Service at any time without liability. We may also update these Terms from time to time; material changes will be communicated by email or a prominent notice within the Service. Your continued use of the Service after the effective date of any changes constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Service.

22.1 Entire Agreement

These Terms, together with our Privacy Policy and any order forms or plan terms referenced therein, constitute the entire agreement between you and Quobolt regarding the Service and supersede all prior or contemporaneous agreements, representations, or understandings, whether written or oral.

22.2 Severability

If any provision of these Terms is held invalid or unenforceable by a court or arbitrator of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

22.3 No Waiver

Quobolt's failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.

22.4 Assignment

You may not assign or transfer these Terms or any rights or obligations hereunder without Quobolt's prior written consent. Quobolt may freely assign these Terms in connection with a merger, acquisition, reorganization, or sale of assets.

22.5 Notices

Quobolt may provide notices to you via the email address associated with your account or through a notice within the Service. You may provide notice to Quobolt at admin@quobolt.com.

22.6 Electronic Communications

You consent to receive communications from Quobolt electronically, and you agree that all agreements, notices, disclosures, and other communications provided electronically satisfy any legal requirement that such communications be in writing.

22.7 Independent Contractors

You and Quobolt are independent contractors, and nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between the parties.

If you have any questions about these Terms, please contact us: