Terms of Service

1. Parties and Definitions

This agreement is concluded between WhowSell LLC, a company registered in the United States with its address at 1209 Mountain Road Pl NE #7495, Albuquerque, NM 87110, USA (“WhowSell”, “we” or “us”), and the natural or legal person who creates an account on the Service (“you” or “User”). You can reach us at any time at support@whowsell.com.

“Service” means the WhowSell CRM software-as-a-service platform published at crm.whowsell.com, together with its browser extension, interfaces and related features. “Store” means each marketplace seller account you register in the Service, and it belongs to you. “Friend” means another independent user with their own account and their own subscription; you may grant any friend viewer access (read only) or editor access (read and modify) to any of your stores, and you may withdraw that access at any time.

“Marketplace” means any third-party sales channel such as Amazon, Trendyol or Shopify that you connect to the Service. “Subscription” means the paid plan you select and the billing period attached to it. These definitions carry the same meaning wherever they appear in this document.

2. Subject and Scope of the Agreement

WhowSell CRM brings the order, revenue and cost data of your marketplace stores into a single dashboard and calculates your actual profit after commissions, shipping, advertising and other deductions. The Service is an analysis and management tool: it does not sell products on your behalf and is not a party to your relationship with any marketplace or end buyer.

This agreement covers your access to the Service, the subscription you purchase, the integrations you enable and the data you upload. It applies to every access linked to your account, including the friends to whom you grant viewer or editor access to your stores, and you remain responsible for their compliance with these terms.

We may add, change or remove features in order to improve the Service. Where a change materially reduces a core function you rely on, we will give reasonable prior notice in the panel or by email.

3. Account Creation, Consent and Security

To use the Service you must create an account with accurate and current information, be at least 18 years old and be legally capable of entering into a contract. If you register on behalf of a company, you confirm that you are authorised to bind that company.

By ticking the consent box on the registration form or by continuing with Google, you declare that you have read and accept in full these Terms of Service, the Privacy Policy, the Refund Policy, the KVKK Disclosure Notice and the Cookie Policy. The date of your consent, your IP address and your browser information are recorded as evidence of that acceptance.

The same declaration of acceptance applies where an account is created through Google or a comparable identity provider: a person who opens an account in that way is deemed to accept in full the documents presented in the registration flow, namely these Terms of Service, the Privacy Policy, the Cookie Policy, the Refund Policy and the KVKK Disclosure Notice. Those documents remain continuously accessible through the notice and the links displayed immediately beside the relevant button on the registration and sign-in screens, and through the footer of every page of the site. Creating the account and beginning to use the Service is treated as a clear expression of the intention to accept them. If you do not accept any one of these documents, you should not create an account in this way and should not use the Service; you may close your account at any time in accordance with clause 14.

You are responsible for keeping your password and session confidential and for every action taken through your account. Notify us at support@whowsell.com without delay if you suspect unauthorised access. Where an account shows signs of compromise we may require additional verification steps.

4. Subscription, Fees and Automatic Renewal

The Service is offered on a monthly subscription basis. Current plans are Basic at $14.99, Pro at $29.99, Master at $49.99 and Enterprise Startup at $149.99 per month, while Enterprise Business is priced by quotation. Enterprise plans additionally support a custom domain for your panel.

Card payments are processed by Stripe. We do not store your full card details on our own servers; those details are held by the relevant payment provider. Prices do not include taxes, bank charges or exchange differences that may apply in your country.

Your subscription renews automatically at the end of each billing period at the price then in effect, unless you cancel before the renewal date. You may cancel at any time from your account settings: cancellation stops future charges and your access continues until the end of the period already paid for. Refund requests are handled solely in accordance with the Refund Policy.

5. Free Trial

New accounts may use the Service free of charge for three (3) days. The trial is designed to let you evaluate the product with your own data before committing to a paid plan.

Unless you select a paid plan, access to paid features ends when the trial expires, while your data remains subject to the retention rules described in these terms. We may limit trials to one per person, company or payment method, and may shorten or withdraw a trial where we detect abuse or repeated re-registration.

Features available during the trial may differ from those of a full plan and are offered without any commitment as to availability. Trial usage is subject to every other provision of this agreement.

6. Acceptable Use

You agree to use the Service only for lawful business purposes and in accordance with the rules of the marketplaces you connect. You must not upload unlawful content, infringe the rights of others, or use the Service to process data you have no right to process.

You must not attempt to gain unauthorised access to the Service or to another user’s data, probe or bypass security measures, reverse-engineer the software, resell or sublicense access without our written consent, or place a load on the infrastructure that disrupts service for others. Automated extraction of data outside the interfaces we provide is not permitted.

We may investigate suspected violations and take proportionate measures, including rate limiting, temporary suspension or, where necessary, termination. Serious violations may also be reported to the competent authorities.

7. Marketplace Integrations and Browser Extension

The Service connects to your marketplace stores through supported integrations, and our Chrome extension transfers order data from Amazon Seller Central to your panel using your own authenticated session. The OrderBot feature can place orders on Amazon automatically according to the rules and limits you configure.

You remain responsible for complying with the terms, policies and operating rules of every marketplace and supplier you use, including any restriction on automated ordering, dropshipping or data extraction. You are also responsible for the accuracy of the parameters you set for OrderBot and for reviewing the orders it creates. WhowSell is not liable for account restrictions, suspensions, penalties or losses arising from your breach of a marketplace policy.

Marketplaces may change their interfaces, policies or technical protections at any time, which can interrupt or disable an integration without notice. We work to restore integrations promptly but do not guarantee the continuous availability of any third-party connection.

8. Atlas AI and Data Accuracy

Atlas AI is an assistant built on an external model provider’s infrastructure that interprets your order and revenue data and answers questions about it in natural language. In order to produce an answer, the relevant data is transmitted to the model provider for processing.

ATLAS AI OUTPUTS ARE PROVIDED FOR INFORMATION PURPOSES ONLY. THEY ARE NOT A GUARANTEE OF PROFIT, SALES OR ANY OTHER RESULT, AND THEY DO NOT CONSTITUTE INVESTMENT, LEGAL, TAX, FINANCIAL OR COMMERCIAL ADVICE. LIKE ALL LANGUAGE MODELS, ATLAS AI CAN PRODUCE INCOMPLETE OR INCORRECT STATEMENTS. EVERY DECISION YOU TAKE ON THE BASIS OF THESE OUTPUTS IS YOURS ALONE.

The figures shown in the panel depend on the data supplied by marketplaces, on your own entries and on the timing of synchronisation, and they may differ from a marketplace’s official reports. Please verify critical calculations, such as tax and accounting figures, against your official records.

9. Customer Data and End-Buyer Information

You may enter into the panel the name, address and order details of your end buyers, together with information about your own customers. In respect of that data you act as the data controller and WhowSell acts as the data processor: we process it solely to provide the Service and in line with your instructions.

You undertake to have a lawful basis for collecting and transferring this data, to inform the persons concerned and to obtain any consent required by the legislation applicable to you. You must not upload special categories of personal data or payment card numbers to the panel.

The owner of a store decides who may see that store’s data; a user who has not been granted viewer or editor access cannot reach it. Storage periods, security measures and data subject rights are described in detail in the Privacy Policy and the KVKK Disclosure Notice.

10. Intellectual Property

The Service, including its software, source code, interface design, the WhowSell and Atlas AI names, logos and all related content, belongs to WhowSell LLC or its licensors and is protected by intellectual property law. This agreement grants you a limited, non-exclusive and non-transferable right of use for the duration of your subscription; it does not transfer ownership.

Except where mandatory law expressly permits it, you may not copy, modify, distribute, sell, lease or create derivative works from the Service, nor remove any notice of ownership. Using our brand elements in your own marketing requires our prior written consent.

The data you upload remains yours. You grant us only the limited licence necessary to store, process and display that data for the purpose of operating the Service. If you send us feedback or improvement suggestions, we may use them freely and without any obligation of payment.

11. Disclaimer of Warranties

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WHOWSELL LLC DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE DATA, CALCULATIONS AND ANALYSES SHOWN IN THE PANEL WILL BE ACCURATE, COMPLETE OR CURRENT. WE DO NOT WARRANT THE CONTINUED AVAILABILITY OF ANY THIRD-PARTY MARKETPLACE, PAYMENT PROVIDER OR MODEL PROVIDER CONNECTION.

Some jurisdictions do not allow the exclusion of certain warranties, so parts of this section may not apply to you. In that case, the exclusions apply to the fullest extent permitted by the law that governs your relationship with us.

12. Limitation of Liability

WhowSell does not access the messages, files or images users send one another one-to-one or in groups; it does not read, monitor or moderate that content, and the content cannot be displayed on any WhowSell administration screen. Accordingly, WhowSell is in no way liable for such content, for commercial relationships users form with each other, or for disputes arising from them such as fraud, payment disagreements or non-delivery. Those disputes are resolved exclusively between the users concerned.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WHOWSELL LLC AND ITS DIRECTORS, EMPLOYEES AND SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFIT, LOSS OF REVENUE, LOSS OF DATA, LOSS OF GOODWILL OR BUSINESS INTERRUPTION, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO WHOWSELL DURING THE THREE (3) MONTHS PRECEDING THE DATE ON WHICH THE CLAIM AROSE. THIS LIMIT APPLIES IN THE AGGREGATE TO ALL CLAIMS, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY.

Some countries and states do not permit the exclusion or limitation of liability for certain damages, so these limits may not apply to you in full. Nothing in this agreement excludes liability that cannot lawfully be excluded, such as liability for gross negligence or wilful misconduct.

13. Indemnification

You agree to defend, indemnify and hold harmless WhowSell LLC together with its directors, employees and suppliers against any third-party claim, demand, investigation, loss, damage, fine or reasonable legal cost arising from your use of the Service.

This obligation covers in particular your breach of these terms, your violation of a marketplace or supplier policy, your infringement of the rights of a third party, and any unlawful processing of end-buyer or customer data uploaded through your account.

We will notify you promptly of any claim covered by this section and will not settle it without your consent, which you shall not unreasonably withhold. We reserve the right to assume the defence of such a claim at our own expense.

14. Suspension, Termination and Data Retention

We may suspend or restrict your account where a payment fails, where there is a security risk, where a legal obligation requires it, or where these terms are seriously breached. Except in urgent cases we will contact you beforehand and, where the situation permits, give you an opportunity to remedy the issue.

You may terminate this agreement at any time by cancelling your subscription and closing your account. After termination your data is retained for at least thirty (30) days so that you can export it, unless a longer period is required by law; after that period it is deleted or irreversibly anonymised in line with our retention rules.

Provisions that by their nature must survive termination remain in force, including those on intellectual property, disclaimer of warranties, limitation of liability, indemnification and dispute resolution.

15. Force Majeure, Changes, Governing Law and Jurisdiction

Neither party is liable for a failure to perform caused by events beyond its reasonable control, including natural disaster, fire, epidemic, war, civil unrest, strike, government decision, failure of energy or communications infrastructure, cyber attack, and outages at third-party providers such as marketplaces, hosting, payment or model providers.

We may update these terms to reflect legal, technical or commercial developments; material changes are announced in the panel or by email before they take effect, and continued use of the Service after that date means you accept the updated terms. You may not transfer this agreement without our written consent, whereas we may transfer it in connection with a merger, acquisition or transfer of assets. If a provision is held invalid, the remaining provisions stay in force, and our failure to exercise a right does not amount to a waiver of it. Together with the policies it refers to, this agreement constitutes the entire understanding between the parties.

This agreement is governed by the laws of the State of New Mexico, United States, without regard to its conflict of law rules, and the courts located in New Mexico have jurisdiction over disputes. Before commencing any proceedings, the parties will attempt to resolve the dispute amicably by writing to support@whowsell.com. The mandatory consumer rights of users resident in Türkiye and the European Union are reserved, and such consumers may also apply to the competent bodies and courts of their place of residence.