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Terapeak Subscription Terms of Service

Table of Contents

  1. Effective date October 26, 2020
  2. Effective date January 19, 2019 through October 25, 2020.

This terms of service (the "Terms of Service") describes the terms pursuant to which eBay offers you access to Terapeak software as a service (SAAS), products and data (together the "Terapeak Service"). You are contracting with an eBay company (individually and collectively referred to as “eBay,” “we,” or “us”) determined by your country of residence. For example and as stated in the User Agreement, if you reside in the United States, you are contracting with eBay, Inc. By signing up for a Terapeak subscription, you agree to all terms in this Terms of Service.

NOTE: Your use of the Terapeak Service is subject to the eBay User Agreement, User Privacy Notice and all applicable terms or policies on the eBay site (including any selling limits, listing policies, pricing and promotions terms, and the Payment Terms of Use

These Terms of Service are effective as of October 26, 2020. To view the previous Terms of Service, click here.

1. Terapeak Terms of Use

You may not, directly or indirectly:

  • use the Terapeak Service or any data accessed through the Terapeak Service, except as expressly allowed by these Terms of Service
  • use or export the Terapeak Service or any data provided by the Terapeak Service in violation of applicable laws or regulations
  • sell, lease, rent, loan, transfer or sublicense use of the Terapeak Service or data provided by the Terapeak Service, in whole or in part, to third parties or provide access thereto or derive income from the use or provision of the Terapeak Service, via service bureau, time sharing or application service provider services or otherwise; whether for direct commercial or monetary gain or otherwise, without eBay’s prior written permission
  • decompile, reverse engineer, disassemble, modify, rent, lease, loan, distribute, or make any attempt to discover the source code or underlying algorithms of the Terapeak Service or any portion thereof, or create derivative works or improvements based upon the Terapeak Service
  • use the Terapeak Service in any manner that could damage, disable, overburden, or impair eBay’s (e.g., you may not use the Terapeak Service in an automated manner), or use the Terapeak Service in any manner that could interfere with any other party's use of the Terapeak Services
  • use the Terapeak Service to:
    • download, transmit or otherwise make available any material that contains malicious software or code, software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware;
    • bypass any measures that eBay has taken to restrict access to the Terapeak Service
    • use any robot, spider, scraper or other automated means to access the Terapeak Service for any purpose
    • interfere with, impose an unreasonable traffic load upon or disrupt the software, hardware, web site, servers or networks connected to the Terapeak Services, or disobey any requirements, procedures, policies or regulations of eBay’s networks connected to the Terapeak Service
  • use the Terapeak Service to send, save, collect, upload, post, publish, distribute or transmit any content that
    • is determined by eBay to be contrary to the interest of eBay, Terapeak Licensors, or other users of eBay
    • may manipulate identifiers in order to disguise the origin of any content transmitted through the Terapeak Service or any associated software or hardware, or the source of any content
    • you do not have a right to make available under any law, contract or other legal relationship.

You will:

  • ensure the confidentiality of your information and be, at all times, solely responsible for all activities that occur with respect to the Terapeak Service and data provided by the Terapeak Service, under your account or password, and you will notify eBay immediately of any unauthorized use
  • be solely responsible for all information received, sent, saved, collected or distributed through the Terapeak Service by you or in respect of your account or password, however transmitted; and therefore you are entirely responsible for all content that is developed, derived, received, sent, saved, collected, distributed or otherwise made available through the Terapeak Service.

This agreement grants you no right, title and interest in any eBay data or any other data accessed through the Terapeak Service.

If you are found to be in violation of the terms of use, eBay reserves the right to cancel your Terapeak subscription at any time or decline to renew your Terapeak subscription.

eBay shall have sole discretion as to what constitutes unauthorized use or what activity is considered excessive or has a “considerable effect”. eBay is responsible for monitoring such excessive use for the account as a whole, and has no responsibility to identify your individual end-user, employee, or other agent who may or may not be responsible for the excessive use of the Terapeak Service.

2. Subscriptions

As used in these Terms of Service,

  1. “calendar month” shall mean the first day of the month through the last day of the month.
  2. “billing cycle” shall mean the approximate 30-day period during which seller may accrue fees, discounts, refunds or credits. A billing cycle may begin at the beginning of the month, or in the middle of the month. If you are a seller that pays fees by monthly invoice, your billing cycle is the same 30-day period included in your invoice (e.g., April 1 through April 30, or April 16 through May 15).
  3. “Subscription Start Date” shall mean the date that you sign up for your Terapeak subscription. You may start a subscription at any time.
  4. “Mandatory Subscription Period” shall mean the period between the Subscription Start Date and the end of the first full calendar month of your current subscription

There are two Terapeak subscription durations:

  • Monthly subscription (subscription with a one month term that automatically renews monthly)
  • Yearly subscription (subscription with a one year term that automatically renews yearly)

The term of a Terapeak subscription may be either monthly or yearly. A subscription term will start the first day of the first full calendar month falling after your Subscription Start Date. A monthly Terapeak subscription renews for continuous, one-month periods spanning the first day of the calendar month to the last day of the calendar month. A yearly Terapeak subscription renews for continuous, twelve-month periods spanning the first day of the first calendar month to the last day of the last calendar month. The pricing of your monthly or yearly subscription may be found in the Subscription tab under My Account in My eBay.

All Terapeak subscriptions renew automatically, unless canceled or modified under these Terms of Service. If you have a yearly subscription, we’ll contact you at least 15 days prior to the end of the term of your subscription via email and a message sent to My eBay to remind you that the term of your subscription will automatically renew.

3. Canceling your Subscription

If you have a monthly subscription and you cancel your Terapeak Subscription:

  • Your cancellation is effective immediately and you will not be able to access Terapeak Services after your subscription has been cancelled
  • If you cancel your subscription before the end of the calendar month that you have been charged for, you will receive a prorated refund for that month on your next invoice.

If you have a yearly subscription and you cancel your Terapeak Subscription prior to the last calendar month of your subscription term:

  • Your cancellation is effective immediately and you will not be able to access Terapeak Services after your subscription is cancelled.
  • If you cancel your subscription before the end of the calendar year that you have been charged for, your will receive a prorated refund for that year on your next invoice.
  • You will be charged an early termination fee equivalent to one month’s subscription fee of the yearly subscription term.

Early Termination Fee

  • If you cancel a yearly subscription or change from a yearly to a monthly subscription any time after the first 30 days and before the last 30 days of your yearly subscription, you’ll be charged an early termination fee. If you make these changes during the first 30 or last 30 days of a yearly subscription, you won't be charged an early termination fee.
  • There’s no early termination fee for canceling a monthly subscription, for canceling your yearly subscription in the last month of your subscription, or subscribing to a Store subscription level that includes a Terapeak subscription.
  • The early termination fee charged is the monthly charge for your annual plan. Below are examples of how the early termination fee would be charged:
If you cancel your monthly subscription after 10 days and your monthly charge was $19 USD/month You will be refunded for 20 days of your subscription and there will be no termination fee charged to you
If you cancel your yearly subscription prior to the last calendar month of your subscription term and your monthly charge for the yearly subscription was $12 USD/month You will be refunded for the days remaining in the current month based on your monthly charge, however you will be charged an early termination fee of $12 USD
If you move from a yearly subscription to a monthly subscription prior to the last calendar month of your subscription term and your monthly charge for the yearly subscription was $12 USD/month You will be refunded for the days remaining in the current month based on your monthly charge, however you will be charged an early termination fee of $12 USD

4. Changing your Subscription

You can change the duration of your subscription at any time.

  • When changing from a yearly Terapeak subscription to a monthly Terapeak subscription:
    • Fees for your current yearly subscription for the current billing cycle are prorated and the unused portion of your current subscription (for the current billing cycle) is credited back to you.
    • Your new monthly subscription fee is also prorated for the current billing cycle and your subscription is treated as a new subscription.
    • You will be charged an early termination fee for cancellation of your yearly Terapeak subscription equivalent to one month’s subscription fee of the yearly subscription term.
  • When changing from a monthly Terapeak subscription to a yearly Terapeak subscription:
    • Fees for your current monthly subscription for the current billing cycle are prorated and the unused portion of your current subscription (for the current billing cycle) is credited back to you.
    • Your new yearly subscription fee is also prorated for the current billing cycle and your subscription is treated as a new subscription which begins on the date of the change in term.
    • There is no early termination fee when you change from a monthly subscription to a yearly subscription.

5. Billing and Payment

Terapeak Subscription fees are payable by you as follows:

  1. If you are not a managed payments seller, Terapeak Subscription fees are included on your monthly invoice.
  2. If you are a: 1) US managed payments seller activated prior to October 26, 2020 or 2) a Canadian managed payments seller activated prior to November 7, 2020, Terapeak Subscription fees are included on your monthly invoice. eBay will charge your payment method on file (debit or credit card, and/or linked bank account), or otherwise collect Terapeak Subscription fees from you as set forth in the Payment Terms of Use.
  3. If you are a: 1) US managed payments seller activated on or after October 26, 2020 or 2) a Canadian managed payments seller activated on or after November 7, 2020, Terapeak Subscription fees are retained from your current or future payouts. If your payouts are insufficient, eBay will charge your payment method on file (debit or credit card, and/or linked bank account), or otherwise collect eBay Stores fees from you as set forth in the Payment Terms of Use. Your Terapeak Subscription fees may be aggregated with other charges. We will generate a statement of fees, refunds, credits, and other transactions associated with your selling activity through the Service each month (the “financing statement”). You may view the financing statement on My eBay or Seller Hub.

6. Other Terms

  • We may amend these Terms of Service terms at any time by posting the amended terms on www.ebay.com. Our right to amend the Terms of Service includes the right to modify, add to, or remove terms. Except as stated otherwise in our User Agreement or elsewhere, all amended terms shall automatically be effective 30 days after they are initially posted.
  • eBay reserves the right, with or without notice, to substitute, replace, or remove Terapeak features and functionality. In addition, eBay may update select Terapeak features generally at any time without notice, either on a temporary or permanent basis. Such updates may include changes to the look and feel of the Terapeak or the addition of new features or functionality.
  • eBay reserves the right to cancel your Terapeak Services at any time or decline to renew your Terapeak Services if eBay determines, in its sole discretion, that you are violating these Terms of Service or any applicable eBay policies.
  • All terms may change at any time in accordance with our User Agreement.
  • These terms are in addition to other applicable terms or policies on the eBay site.

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