These Terms of Use ("Terms") govern your use of this Website and any related agreement or legal relationship with the Owner in a legally binding manner. Capitalized terms are defined in the Definitions section at the end of this document. Please read this document carefully before using the Service.
This Website is operated by:
Smartest Seller LLC
29 Main Street
Logan, UT 84321
United States
Owner Contact Email: support@smartscout.com
这些条款适用
The right of withdrawal applies exclusively to European Consumers.
Unless otherwise specified, the terms detailed in this section apply generally to use of this Website. Additional or specific conditions of use may apply in certain scenarios and are indicated within the relevant sections of this document.
By using this Website, Users confirm they meet the following requirements:
请注意，这些条款中的某些条款可能仅适用于某些类别的用户。特别是，某些条款可能仅适用于消费者或不符合消费者资格的用户。每个受影响的条款中总是明确提及此类限制。在未提及任何此类内容的情况下，条款适用于所有用户。
要使用服务，用户可以注册或创建用户帐户，以完整和真实的方式提供所有必需的数据或信息。
用户也可以在不注册或创建用户帐户的情况下使用服务，但是，这可能会导致某些特性或功能的可用性有限。
用户有责任对其登录凭据保密和安全。因此，用户还必须选择符合本网站允许的最高强度标准的密码。
通过注册，用户同意对使用其用户名和密码进行的所有活动承担全部责任。
如果用户认为自己的个人信息（包括但不限于用户帐户、访问凭证或个人数据）遭到侵犯、不当披露或被盗，则必须通过本文件中注明的联系方式立即明确告知所有者。
The suspension or deletion of a User account shall not entitle the User to any claim for compensation, damages, or reimbursement. Suspension or deletion resulting from conduct attributable to the User does not exempt the User from paying any applicable fees or charges.
Unless otherwise specified or clearly identifiable as third-party content, all content available on this Website is owned by or licensed to the Owner. The Owner endeavors to ensure that all content on this Website complies with applicable law and does not infringe third-party rights. However, this cannot always be guaranteed. Users who identify potentially infringing content are encouraged to notify the Owner using the contact details provided in this document.
SmartScout does not aggregate Authorized Users' business data for use by any other party. Data collected from Authorized Users is used solely to benefit those Authorized Users.
The Owner holds and reserves all intellectual property rights in the content available on this Website. Users may not copy, download, share (beyond the limits set forth below), modify, translate, transform, publish, transmit, sell, sublicense, edit, assign to third parties, or create derivative works from such content without the Owner's express prior written consent. Users may not permit any third party to do so through the User or their device.
Where explicitly stated on this Website, Users may download, copy, and/or share certain content for personal, non-commercial use only, provided all copyright and attribution notices are properly maintained. Applicable statutory limitations or exceptions to copyright remain unaffected.
This Website may provide Users with access to external resources operated by third parties. The Owner has no control over such resources and is not responsible for their content or availability. Use of third-party resources is governed by those third parties' own terms and conditions, or by applicable law where no such terms exist.
This Website and the Service may only be used in accordance with these Terms and applicable law. Users are solely responsible for ensuring that their use of this Website and the Service does not violate any applicable laws, regulations, or third-party rights.
The Owner reserves the right to take any appropriate measures to protect its legitimate interests, including denying access to the Service, terminating contracts, and reporting misconduct to competent authorities, whenever a User engages in or is suspected of engaging in any of the following:
Violating applicable laws, regulations, or these Terms;
Infringing any third-party rights;
Materially impairing the Owner's legitimate interests; or
Offending the Owner or any third party.
Use of SmartScout's services is strictly limited to the number of users specified in the Customer's admin account. Each User account is assigned to a specific individual and may not be shared, transferred, or used by multiple individuals. Unauthorized sharing or use of User accounts in violation of this policy is strictly prohibited and may result in immediate suspension or termination of services without refund.
By continuing to use SmartScout's services, the Customer agrees to comply with this Number of Users Policy in addition to all other terms and conditions set forth in applicable agreements.
Some Products available on this Website are provided on a paid basis. The applicable fees, duration, and conditions for purchasing such Products are described in the relevant sections of this Website.
Prices, descriptions, and availability of Products are outlined in the respective sections of this Website and are subject to change without notice. Product representations on this Website, including graphics, images, and other media, are for reference purposes only and do not constitute a warranty regarding the characteristics of the purchased Product. The specific characteristics of a selected Product will be outlined during the purchasing process.
The purchasing process includes the following steps:
Users must select the desired Product and review their purchase selection.
After reviewing the purchase details, Users may place the order by submitting it.
When a User submits an order:
Submission of an order constitutes conclusion of a contract and creates an obligation for the User to pay the applicable price, taxes, and any additional fees or expenses specified on the order page.
If the purchased Product requires action from the User (e.g., provision of personal data, specifications, or special requests), order submission creates a corresponding obligation to cooperate.
Upon submission, Users will receive a confirmation receipt via the email address provided.
Before submitting an order, Users will be informed of all applicable fees, taxes, and costs. Prices displayed on this Website may be shown either inclusive or exclusive of applicable taxes and costs, depending on the section the User is browsing.
Before submitting an order, Users will be informed of all applicable fees, taxes, and costs. Prices displayed on this Website may be shown either inclusive or exclusive of applicable taxes and costs, depending on the section the User is browsing.
Accepted payment methods are disclosed during the purchasing process. Certain payment methods may be subject to additional conditions or fees, which will be described in the relevant section of this Website. All payments are processed independently by third-party payment service providers. This Website does not collect or store payment information such as credit card details; it receives only a notification confirming that payment has been successfully completed.
If a payment fails or is refused by the payment service provider, the Owner is under no obligation to fulfill the purchase order and reserves the right to seek recovery of any related costs or damages from the User.
Title to any ordered Products does not transfer to the User until full payment of the purchase price has been received by the Owner. Similarly, Users do not acquire rights to use a purchased Product until full payment has been received.
The Owner grants Users a contractual right to cancel a purchase within 7 days of concluding the contract, subject to the conditions described in the relevant section of this Website.
Unless otherwise stated, digital content purchased on this Website is delivered via download to the device(s) selected by the User. Users acknowledge and accept that the device(s) and associated software (including operating systems) must be lawfully licensed, commonly used, up-to-date, and consistent with current market standards. Users acknowledge that the ability to download purchased content may be limited in time or geography.
Purchased services will be performed or made available within the timeframe specified on this Website or communicated prior to order submission.
Paid subscriptions commence on the date payment is received by the Owner. Users must pay the applicable recurring fee on time to maintain their subscription. Failure to do so may result in service interruptions.
Open-ended subscriptions may be terminated at any time by sending a clear and unambiguous termination notice to the Owner using the contact details provided in this document, or by using the applicable controls within the Service. Terminations take effect 14 days after the Owner receives the notice.
Unless an exception applies, Users who qualify as European Consumers are granted a statutory right of withdrawal under EU law. Such Users may withdraw from contracts entered into online (distance contracts) within 14 days of the date the contract was concluded, for any reason and without justification. Users who do not qualify as European Consumers are not entitled to the rights described in this section.
To exercise the right of withdrawal, Users must send the Owner an unequivocal statement of their intention to withdraw, either using the model withdrawal form in the Definitions section or in any other suitable written form, before the 14-day withdrawal period expires.
In the case of the purchase of digital content not supplied on a tangible medium, the withdrawal period expires 14 days after the contract is concluded, unless the User has waived this right.
Users who validly exercise their right of withdrawal will receive a full refund of all payments made to the Owner, including standard delivery costs, within 14 days of the Owner being informed of the withdrawal decision. Refunds will be made using the same payment method used for the original transaction, at no additional cost to the User.
The right to cancel does not apply to contracts concluded through this Website due to the nature of the products and services offered. Users acknowledge and accept this limitation.
Users who qualify as Consumers in Brazil have a statutory right of regret under Brazilian law, allowing them to withdraw from contracts entered into online or away from business premises within 7 days of the contract date or receipt of the product or service, for any reason and without justification.
To exercise this right, Users must send the Owner an unequivocal statement of withdrawal before the 7-day period expires. For digital content purchases, the right of regret expires 7 days after the contract is entered into, provided the digital content has not yet been delivered to or integrated into the Consumer's device.
Users who validly exercise the right of regret will receive a full refund of all payments made to the Owner, including standard delivery costs, within 14 days of the Owner receiving the withdrawal notice or the return of the product, whichever is later. Refunds will be made using the same payment method as the original transaction, at no cost to the User.
Users in the United Kingdom who qualify as Consumers have a statutory right to receive goods that conform to the contract.
The legal guarantee applicable to goods and services sold through this Website to Brazilian Consumers is as follows, in accordance with the Brazilian Consumer Protection Code:
Non-durable goods and non-durable services: 30-day guarantee from the date of delivery or completion of service;
Durable goods and durable services: 90-day guarantee from the date of delivery or completion of service.
The guarantee does not apply in cases of misuse, natural events, or maintenance performed by parties other than the Owner. Warranty claims may be submitted through the contact channels provided by the Owner. Where applicable, the Owner will bear the cost of shipping goods for technical assessment. The Owner may also offer an additional contractual warranty at its discretion.
Without prejudice to applicable statutory rights, the Owner grants Users the right to cancel the purchase of a service with which they are unsatisfied and receive a full refund within 7 days of the date the contract was entered into.
SmartScout’s 7-day money-back guarantee applies exclusively to new customers and is limited to one-time use per customer within the first seven days of account creation. This guarantee does not apply to any customer who has previously received a refund under this offering.
To request a refund, Users must send an unambiguous notice to the Owner. While no reason is required, Users are encouraged to provide one. Upon receipt, the Owner will verify eligibility and, if applicable, issue a refund. Users will lose access to the purchased service upon issuance of the refund. The above does not affect any rights Users may have under applicable law in the event of a lack of conformity.
Nothing in these Terms excludes, restricts, or modifies any guarantee, condition, warranty, right, or remedy that Users may have under the Competition and Consumer Act 2010 (Cth) or equivalent state or territory legislation that cannot be excluded, restricted, or modified by agreement. To the fullest extent permitted by law, the Owner’s liability for breach of any non-excludable right is limited, at the Owner’s discretion, to re-performance of the relevant services or payment of the cost of having the services supplied again.
THIS WEBSITE AND THE SERVICE ARE PROVIDED STRICTLY ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE SERVICE IS AT THE USER'S SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE OWNER EXPRESSLY DISCLAIMS ALL CONDITIONS, REPRESENTATIONS, AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS.
The Owner, its subsidiaries, affiliates, licensors, officers, directors, agents, partners, suppliers, and employees do not warrant that: (a) the content is accurate, reliable, or correct; (b) the Service will meet Users' requirements; (c) the Service will be available at any particular time, without interruption, or securely; (d) any defects or errors will be corrected; or (e) the Service is free of viruses or other harmful components.Federal law and certain state laws do not allow the exclusion of certain implied warranties. The above exclusions may not apply to all Users. This Agreement grants Users specific legal rights, and Users may also have other rights that vary by jurisdiction.
To the maximum extent permitted by applicable law, the Owner, its subsidiaries, affiliates, officers, directors, agents, partners, suppliers, and employees shall not be liable for:
Any indirect, punitive, incidental, special, consequential, or exemplary damages, including loss of profits, goodwill, data, or other intangible losses arising out of or relating to use of or inability to use the Service;
Damage, loss, or injury resulting from hacking, tampering, or unauthorized access to the Service or User account;
Errors, mistakes, or inaccuracies in content;
Personal injury or property damage resulting from use of or access to the Service;
Unauthorized access to or use of the Owner’s servers or any personal information stored therein;
Interruption or cessation of transmission to or from the Service;
Bugs, viruses, trojan horses, or similar harmful code transmitted through the Service;
Errors or omissions in any content, or loss or damage resulting from use of content posted, emailed, or otherwise made available through the Service; or
Defamatory, offensive, or illegal conduct by any User or third party.
In no event shall the Owner’s total aggregate liability to any User exceed the amount paid by that User to the Owner in the preceding 12 months, or the duration of the agreement between the parties, whichever is shorter. Some jurisdictions do not permit the exclusion or limitation of incidental or consequential damages; accordingly, the above limitations may not apply to all Users.
The User agrees to defend, indemnify, and hold harmless the Owner and its subsidiaries, affiliates, officers, directors, agents, partners, suppliers, and employees from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from:
The User’s use of and access to the Service, including any data or content transmitted or received;
The User’s violation of these Terms, including breach of any representations or warranties herein;
The User’s violation of any third-party rights, including privacy or intellectual property rights;
The User’s violation of any applicable law, rule, or regulation;
Any content submitted from the User’s account, including content submitted by third parties using the User’s credentials; or
The User’s willful misconduct.
Where Users are located in the European Union or European Economic Area, the following provisions apply in addition to all other terms in this document.
For the purposes of the General Data Protection Regulation (EU) 2016/679 ("GDPR"), the Owner acts as the data controller for personal data collected through this Website. Contact details are provided in the Introduction section of this document.
The Owner processes personal data on one or more of the following lawful bases:
Performance of a contract (Article 6(1)(b) GDPR): processing necessary to provide the Service and fulfill contractual obligations;
Legitimate interests (Article 6(1)(f) GDPR): processing necessary for the Owner’s legitimate business interests, provided such interests are not overridden by the User’s rights;
Compliance with a legal obligation (Article 6(1)(c) GDPR): processing required by applicable law; and
Consent (Article 6(1)(a) GDPR): where the User has provided explicit consent for a specific processing purpose.
European Users have the following rights regarding their personal data:
Right of access: to obtain confirmation of whether personal data is being processed and to receive a copy;
Right to rectification: to request correction of inaccurate or incomplete personal data;
Right to erasure ("right to be forgotten"): to request deletion of personal data under certain circumstances;
Right to restriction of processing: to request that processing be limited in certain circumstances;
Right to data portability: to receive personal data in a structured, commonly used, machine-readable format;
Right to object: to object to processing based on legitimate interests or for direct marketing purposes; and
Right to withdraw consent: to withdraw previously given consent at any time, without affecting the lawfulness of processing prior to withdrawal.
To exercise any of the above rights, Users may contact the Owner using the contact details provided in this document. The Owner will respond within 30 days of receiving a verifiable request. Users also have the right to lodge a complaint with a supervisory authority in their country of residence.
If the Owner transfers personal data outside the European Economic Area, it will ensure appropriate safeguards are in place, such as Standard Contractual Clauses adopted by the European Commission or another valid transfer mechanism under the GDPR.
The Owner retains personal data only for as long as necessary to fulfill the purposes for which it was collected, to comply with legal obligations, resolve disputes, and enforce agreements. Users may request information about specific retention periods by contacting the Owner.
For full details regarding the collection, use, and processing of personal data, Users should refer to the Owner’s Privacy Policy, available on this Website. In the event of any conflict between this section and the Privacy Policy, the Privacy Policy shall govern with respect to data protection matters.
By providing contact information through this Website (including newsletter signup, content download, webinar registration, or free account creation), Users consent to receiving marketing communications from SmartScout as described in this section. This section complies with the CAN-SPAM Act, GDPR (where applicable), and CCPA (where applicable).
SmartScout sends marketing emails a few times per week. Content may include Amazon category data, seller intelligence, product launch summaries, and relevant promotional offers. We do not send daily emails or use misleading urgency tactics. Users may also be served SmartScout advertisements on LinkedIn, Meta, and Google via standard retargeting pixels if they have previously visited the Website. Users may opt out of retargeting through each platform’s respective ad settings.
SmartScout collects contact information only through direct User-initiated actions, such as completing a form, registering an account, downloading content, or signing up for a webinar. We do not purchase, rent, or scrape contact lists. Users who receive communications they did not knowingly opt into should contact us at support@smartscout.com and we will resolve the matter promptly.
Every marketing email contains a clearly visible unsubscribe link. Users may also opt out by contacting support@smartscout.com. Opt-out requests will be processed within 10 business days, in accordance with CAN-SPAM requirements. Users will continue to receive transactional communications, including billing receipts and account security notices, as these are not marketing communications and are required for the operation of the Service.
SmartScout uses contact information and engagement data (such as email opens, link clicks, and content downloads) to deliver relevant content and, where appropriate, for sales outreach. Email communications are managed through HubSpot. Retargeting is conducted via standard advertising pixels from Google, Meta, and LinkedIn. SmartScout does not sell User contact data and does not share it with unaffiliated third parties for their own marketing purposes.
Discount offers are issued to a specific account and are non-transferable. Unless otherwise stated, promotional offers may not be combined with other discounts. Referral rewards are issued only after the referred account has been verified and is in active paying status. Program-specific terms will be disclosed at the time of enrollment.
Where a User has provided express written consent to participate in a case study or testimonial, SmartScout may use the User’s name, company name, and provided quotes in marketing materials. Users may withdraw this consent at any time by contacting marketing@smartscout.com. SmartScout will remove the relevant content from active marketing channels within 30 days of receiving such a request.
Any Amazon sales estimates, brand revenue figures, or category data published in SmartScout’s marketing materials are derived from SmartScout’s proprietary data model. Such figures are estimates only, are not sourced from or endorsed by Amazon, and do not constitute a guarantee of accuracy. Users should treat this data as directional intelligence rather than definitive commercial data.
If SmartScout makes material changes to this Marketing and Communications Policy, Users will be notified by email prior to those changes taking effect.
If you are a California resident, you have specific rights under the California Consumer Privacy Act ("CCPA"), as amended by the California Privacy Rights Act ("CPRA"). These rights include:
The right to know what personal information is collected, used, shared, or sold;
The right to delete personal information held by the Owner (subject to certain exceptions);
The right to correct inaccurate personal information;
The right to opt-out of the sale or sharing of personal information; and
The right to non-discrimination for exercising your privacy rights.
SmartScout does not sell personal information to third parties. To submit a verifiable consumer request or for further information, please contact the Owner using the details provided in this document. The Owner will respond within 45 days of receiving a verifiable request. This period may be extended once by an additional 45 days where reasonably necessary, with prior notice to the User.
The Owner’s failure to assert any right or provision under these Terms shall not constitute a waiver of that right or provision. No waiver shall be construed as a continuing or future waiver of the same or any other term.
The Owner reserves the right to interrupt the Service for maintenance, system updates, or other changes, with appropriate advance notice to Users where practicable. The Owner may also suspend or discontinue the Service entirely. In the event of discontinuation, the Owner will work cooperatively with Users to enable withdrawal of personal data and will respect Users’ rights regarding continued use and compensation as required by applicable law. The Service may also be unavailable due to events outside the Owner’s reasonable control, including force majeure events such as infrastructure failures or power outages.
Users may not reproduce, duplicate, copy, sell, resell, or exploit any portion of this Website or the Service without the Owner’s express prior written permission, whether granted directly or through an authorized reselling program.
All intellectual property rights related to this Website — including copyrights, trademarks, patents, and design rights — are the exclusive property of the Owner or its licensors and are protected by applicable laws and international treaties. All trademarks, service marks, trade names, logos, and other identifying marks displayed on this Website remain the exclusive property of the Owner or its licensors.
The Owner reserves the right to amend or modify these Terms at any time. Users will be notified of material changes in an appropriate manner. Changes take effect from the date communicated to Users. Continued use of the Service following such notification constitutes acceptance of the revised Terms. Users who do not wish to be bound by the revised Terms must stop using the Service and may terminate their agreement with the Owner. Where legally required, the Owner will provide advance notice before modified Terms take effect.
The Owner may transfer, assign, or subcontract any or all rights or obligations under these Terms, taking the User’s legitimate interests into account. Users may not assign or transfer their rights or obligations under these Terms without the Owner’s prior written consent.
All communications relating to use of this Website must be sent to the Owner using the contact information provided in this document.
If any provision of these Terms is found to be invalid or unenforceable under applicable law, that provision shall be severed, and the remaining provisions shall continue in full force and effect.
US Users: Any invalid or unenforceable provision will be interpreted and reformed to the extent necessary to render it valid, enforceable, and consistent with its original intent. These Terms constitute the entire agreement between Users and the Owner regarding the subject matter hereof and supersede all prior communications and agreements.
EU Users: Where a provision is found to be void, invalid, or unenforceable, the parties shall endeavor in good faith to agree on valid and enforceable substitute provisions. If no agreement is reached, applicable statutory provisions will apply to the extent permitted by law. The invalidity of one provision shall not affect the validity of the remaining Terms, unless the affected provision is fundamental to the agreement.
These Terms are governed by the laws of the jurisdiction in which the Owner is based, as disclosed in this document, without regard to conflict of laws principles.
Notwithstanding the above, where the law of the country in which the User is located provides higher applicable consumer protection standards, those higher standards shall prevail.
Brazilian Consumers: If the User qualifies as a Consumer in Brazil and the product or service is commercialized in Brazil, Brazilian law shall apply.
Any disputes arising from or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of the jurisdiction in which the Owner is based.
Exception — European, UK, Swiss, Norwegian, and Icelandic Consumers: The above exclusive jurisdiction clause does not apply to Users who qualify as Consumers in the EU, United Kingdom, Switzerland, Norway, or Iceland.
Exception — Brazilian Consumers: The above exclusive jurisdiction clause does not apply to Users in Brazil who qualify as Consumers.
The European Commission has established an online platform for alternative dispute resolution (ODR), available at ec.europa.eu/consumers/odr. European Consumers and Consumers based in Norway, Iceland, or Liechtenstein may use this platform to resolve disputes arising from online contracts.
The digital property that enables provision of the Service.
Any legally binding or contractual relationship between the Owner and the User, governed by these Terms.
Refers to a User who is physically located in Brazil, regardless of nationality.
Any User who does not qualify as a Consumer under applicable law.
Any User who qualifies as a consumer under applicable law in their jurisdiction.
Refers to a User who is physically located in the European Union, regardless of nationality.
The natural person(s) or legal entity that operates this Website and provides the Service to Users. Refers to Smartest Seller LLC.
Any good or service available through this Website, including physical goods, digital files, software, booking services, and other product types separately defined herein.
The service provided by this Website as described in these Terms.
All provisions applicable to use of this Website and the Service, as described in this document, including all related documents and agreements, as updated from time to time.
Refers to a User who is physically located in the United Kingdom, regardless of nationality.
Any natural person or legal entity that accesses or uses this Website.
(Complete and return this form only if you wish to withdraw from a contract.)
Addressed to:
Smartest Seller LLC
29 Main Street
Logan, UT 84321
United States
support@smartscout.com
I/We hereby give notice that I/we withdraw from my/our contract of sale for the following goods/services:Description of goods/services: ________________________________________________Ordered on: ________________________________________________Received on: ________________________________________________Name of consumer(s): ________________________________________________Address of consumer(s): ________________________________________________Date: ________________________________________________Signature (if submitting this form on paper): ________________________________________________
