Terms of Service

These Terms of Service ("Terms") govern your access to and use of Shimm ("Service," "Platform," "we," "our," or "us"), a product research and analysis platform. By accessing or using Shimm, you agree to be bound by these Terms.

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICE. If you do not agree to these Terms, you may not access or use Shimm.

1. Service Description

Shimm is a product research platform designed for Amazon creators, influencers, and entrepreneurs. Our Service provides:

• Product Research Tools: Analysis of price trends, demand signals, and commission potential
• Automated Discovery: Real-time monitoring of product opportunities and market changes
• Intelligent Scoring: Proprietary algorithms that evaluate product viability and profitability
• Data Integration: Access to product information through the Amazon Product Advertising API
• Research Organization: Tools to save, categorize, and manage product research
• Analytics and Insights: Historical data tracking and performance metrics

Shimm is a research tool. We provide data and analysis to inform your business decisions, but we do not guarantee specific financial outcomes or results.

2. Eligibility and Account Registration

Eligibility

You must meet the following requirements to use Shimm:

• Be at least 18 years of age
• Have the legal capacity to enter into binding contracts
• Not be prohibited from using the Service under applicable laws
• Comply with all applicable local, state, national, and international laws

Account Creation

To access Shimm, you must create an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and update your information to keep it accurate and current
• Maintain the security of your account credentials
• Notify us immediately of any unauthorized access or security breach
• Accept responsibility for all activities that occur under your account

Account Suspension

We reserve the right to suspend or terminate your account if you violate these Terms, engage in fraudulent activity, or use the Service in a manner that harms our platform or other users.

3. User Obligations and Acceptable Use

Permitted Use

You may use Shimm solely for lawful business purposes consistent with the Service's intended functionality. You agree to use the Service in compliance with all applicable laws and regulations.

Prohibited Activities

You agree NOT to:

• Violate Laws: Use the Service for illegal purposes or in violation of any applicable laws
• Infringe Rights: Violate intellectual property rights, privacy rights, or other rights of third parties
• Unauthorized Access: Access or attempt to access accounts, systems, or networks without authorization
• Interfere with Service: Disrupt, damage, or impair the Service or servers/networks connected to it
• Circumvent Security: Bypass security measures, authentication mechanisms, or access controls
• Scraping/Harvesting: Use automated tools to extract data beyond the scope of normal Service use
• Reverse Engineering: Decompile, reverse engineer, or attempt to discover source code
• Resell Service: Resell, lease, or sublicense access to Shimm without our written consent
• Create Derivative Works: Modify, adapt, or create derivative works based on the Service
• Spam or Abuse: Send unsolicited communications or engage in abusive behavior toward other users or our team
• Excessive Use: Use the Service in a manner that places unreasonable or disproportionate load on our infrastructure
• False Information: Provide false or misleading information to us or other users

4. Subscription Plans and Payment Terms

Subscription Plans

Shimm offers multiple subscription tiers with varying features and pricing:

• Free Trial: Limited access to evaluate the Service (if applicable)
• Paid Subscriptions: Monthly or annual plans with full or enhanced feature access
• Enterprise Plans: Custom pricing and features for teams and organizations

Current pricing and plan details are available on our website. We reserve the right to modify pricing with reasonable notice to existing subscribers.

Billing and Payment

• Automatic Renewal: Subscriptions automatically renew at the end of each billing cycle unless you cancel
• Payment Method: You must provide a valid payment method (credit card, debit card, or other approved method)
• Authorization: By subscribing, you authorize us to charge your payment method for the subscription fee and any applicable taxes
• Failed Payments: If a payment fails, we may retry charging your payment method or suspend your account
• Payment Processing: Payments are processed by third-party payment processors (e.g., Stripe). Your payment information is subject to their privacy policies

Taxes

All fees are exclusive of applicable taxes (sales tax, VAT, GST, etc.). You are responsible for paying any taxes associated with your subscription.

Price Changes

We may change subscription prices at any time. For existing subscribers, price changes will take effect at the start of the next billing cycle after we provide at least 30 days' advance notice. If you do not agree to a price increase, you may cancel your subscription before the new price takes effect.

5. Cancellation and Refund Policy

Cancellation by You

You may cancel your subscription at any time through your account settings or by contacting support at legal@shimm.io. Upon cancellation:

• You will retain access to paid features until the end of your current billing cycle
• Your subscription will not automatically renew
• No refunds will be issued for the unused portion of your subscription (except as noted below)

Refund Policy

• 7-Day Money-Back Guarantee: If you are not satisfied within the first 7 days of your initial subscription, contact us for a full refund
• No Refunds for Subsequent Billing: After the initial 7-day period, all subscription fees are non-refundable
• Exceptions: We may issue refunds at our sole discretion for exceptional circumstances (e.g., Service outage, billing errors)

Cancellation by Us

We may suspend or terminate your subscription if you violate these Terms or engage in prohibited activities. In such cases, no refund will be issued.

6. Amazon Product Advertising API Compliance

Shimm uses the Amazon Product Advertising API to retrieve product information. By using the Service, you agree to comply with:

• Amazon Associates Program Operating Agreement: All product data is subject to Amazon's terms and conditions
• Proper Attribution: Product information sourced from Amazon must be attributed appropriately if shared publicly
• No Unauthorized Use: Do not misuse Amazon product data or violate Amazon's usage policies
• Affiliate Disclosure: If you use affiliate links from Shimm, you must comply with FTC disclosure requirements

Important: Shimm provides tools to support compliance-friendly workflows, but you are ultimately responsible for ensuring your use of Amazon data and affiliate links complies with Amazon's policies and applicable laws.

We may suspend your access if your use of Amazon data violates Amazon's terms or puts our API access at risk.

7. Intellectual Property Rights

Our Rights

Shimm and all associated materials, including but not limited to:

• Software code, algorithms, and AI models
• Design, layout, graphics, and user interface
• Trademarks, logos, and branding
• Content, documentation, and training materials

are owned by us or our licensors and are protected by copyright, trademark, patent, and other intellectual property laws. These Terms do not grant you any ownership rights to the Service.

Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use Shimm solely for your personal or internal business purposes in accordance with these Terms.

Your Content

You retain ownership of any data, research notes, or content you submit to Shimm ("Your Content"). By using the Service, you grant us a worldwide, non-exclusive, royalty-free license to use, store, process, and display Your Content solely to provide and improve the Service.

8. Data and Privacy

Your use of Shimm is also governed by our Privacy Policy, which explains how we collect, use, and protect your personal information. By using the Service, you consent to our data practices as described in the Privacy Policy.

You can review our Privacy Policy at shimm.io/privacy.

9. Disclaimers and Warranties

"As Is" Basis

SHIMM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
• WARRANTIES REGARDING ACCURACY, RELIABILITY, OR COMPLETENESS OF DATA
• WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE
• WARRANTIES REGARDING THE RESULTS OR OUTCOMES OF USING THE SERVICE

No Financial Advice

Shimm is a research tool that provides data and analysis. We do not provide financial, investment, or business advice. Any information or recommendations generated by the Service should not be construed as professional advice. You are solely responsible for your business decisions and should consult with qualified professionals before making significant financial commitments.

No Guarantees of Results

We make no guarantees regarding:

• Profitability or financial success from using Shimm
• Accuracy of AI predictions or product scoring
• Availability or accuracy of third-party data (e.g., Amazon product information)
• Compliance with third-party platform policies (e.g., Amazon)

Third-Party Data

Product data sourced from Amazon or other third parties is provided "as is." We are not responsible for inaccuracies, outdated information, or errors in third-party data.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

No Liability for Indirect Damages

SHIMM AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Lost profits, revenue, or business opportunities
• Loss of data or business information
• Cost of substitute goods or services
• Business interruption or downtime
• Damage to reputation or goodwill

EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Cap on Liability

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICE EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID TO SHIMM IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) $100 USD.

Basis of the Bargain

The limitations in this section reflect the allocation of risk between you and Shimm. The limitations will apply even if any limited remedy fails of its essential purpose. Some jurisdictions do not allow limitations on liability, so these limitations may not apply to you.

11. Indemnification

You agree to indemnify, defend, and hold harmless Shimm and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use or misuse of the Service
• Your violation of these Terms
• Your violation of any law, regulation, or third-party rights
• Your Content or any information you submit to the Service
• Your business activities or decisions based on information from Shimm

12. Modifications to the Service

We reserve the right to modify, suspend, or discontinue the Service (or any part thereof) at any time, with or without notice. We are not liable to you or any third party for any modification, suspension, or discontinuation of the Service.

We may also impose limits on certain features or restrict access to parts of the Service without notice or liability.

13. Changes to These Terms

We may update these Terms from time to time. When we make material changes, we will:

• Update the "Last Updated" date at the top of this page
• Notify you via email or through the Service
• Provide a reasonable period to review the changes before they take effect

Your continued use of Shimm after the effective date of the updated Terms constitutes your acceptance of the changes. If you do not agree to the updated Terms, you must stop using the Service and cancel your subscription.

14. Dispute Resolution and Arbitration

Informal Resolution

Before filing a formal claim, you agree to contact us at legal@shimm.io to attempt to resolve the dispute informally. We will work in good faith to reach a mutually acceptable resolution.

Binding Arbitration

If we cannot resolve the dispute informally within 60 days, any disputes will be resolved through binding arbitration in accordance with the rules of the American Arbitration Association (AAA). The arbitration will be conducted in English and take place in Missouri, United States.

Class Action Waiver

You agree that disputes will be resolved on an individual basis only. You waive any right to participate in a class action lawsuit or class-wide arbitration.

Exceptions

Either party may seek injunctive relief or protection of intellectual property rights in a court of competent jurisdiction.

15. Governing Law

These Terms are governed by and construed in accordance with the laws of the United States and the State of Missouri, without regard to conflict of law principles. You agree to submit to the personal and exclusive jurisdiction of the courts located in St. Louis County, Missouri.

16. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect. The invalid provision will be modified to the minimum extent necessary to make it valid and enforceable.

17. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices published on the Service, constitute the entire agreement between you and Shimm regarding the use of the Service. These Terms supersede all prior agreements, understandings, and communications, whether written or oral.

18. Assignment

You may not assign or transfer these Terms or your rights under these Terms without our prior written consent. We may assign or transfer these Terms, in whole or in part, without restriction, including to any successor entity in connection with a merger, acquisition, or sale of assets.

19. Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or our right to enforce it in the future. Any waiver must be in writing and signed by an authorized representative of Shimm.

20. Force Majeure

Shimm shall not be liable for any failure or delay in performing its obligations under these Terms due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, internet or telecommunications failures, or government actions.