Terms of Service

Terms

  • Contract commences upon signing.
  • Subscription fees and platform access commence upon start date.
  • Bear Platform Subscriptions billed monthly or quarterly can be paid via credit card. Annual subscriptions that are paid upfront annually can be paid via ACH, wire, or credit card.
  • Bear platform subscription commences upon start date for a term of 12 months; and automatically renews for a subsequent 12 months unless The Customer provides written notice of intent to not renew 60 days prior to the renewal date. This process occurs each subsequent term (12 months).
  • Bear platform subscription can be canceled at any time provided The Customer pays the remaining balance in full of the remaining months of the subscription term.
  • Gross Merchandise Value (GMV) contribution is defined as net online sales, after allowances, returns, and discounts. GMV contribution is invoiced at the end of each month or portion thereof, and is billed automatically via credit card, with a 10-business day window following payment to contest any fees. CommerceBear provides a full breakdown of all orders within the pay period. GMV contribution renews for 12 months after a potential non-renewal of the platform.
  • GMV contribution is invoiced based on order payment date.
  • SKU limits, as it pertains to the package, are measured on a 12 month basis beginning at the start of your contract. Upon renewal discontinued SKUs can be removed from the total count.
  • A SKU is defined as shoppable. Shoppable meaning; one that can be added independently to a digital shopping cart. upon signing.
  • Taxes are extra where applicable.
  • CommerceBear requires ongoing account access and credentials to all marketplaces and online retailers within project scope to perform contracted work and monitor monthly sales performance.

Due Diligence

CommerceBear confirms that our data due diligence process is conducted with the highest standard of care. It is important to note that product accuracy relies upon the completeness and correctness of the data provided by the client. CommerceBear cannot be held responsible for errors or omissions caused by incorrect product data and images supplied by the customer.

Intellectual Property

  • CommerceBear retains all rights in its intellectual property (“Bear IP”).
  • The Customer shall not use, publish, display, disseminate, or copy Bear IP.
  • All product content and data remain the property of The Customer.
  • The Customer grants CommerceBear the right to utilize, publish, and distribute data as long as it remains unidentifiable, and the right to use their company name and logo for marketing purposes; and shall honor any request to remove immediately from The Customer; and will permanently discontinue use upon Customer cancellation of contract.

Indemnification

  • The Customer agrees to indemnify, defend and hold harmless CommerceBear and its respective officer, directors, employees, representatives, and agents from and against any and all losses, costs, damages, or liabilities, including, without limitation, reasonable attorneys’ fees, costs, and expenses, as a result of:

    Unintentional misuse or disclosure of Customer Data;

    Claims of copyright, patent, trademark, or other property rights related to The Customer’s Products;

    Failure of the Products to comply with any express or implied warranties;

    Failure to provide adequate warnings and/or instructions related to use and assembly of products;

    The packaging, packing, tagging, labeling, or advertising of the Products, and;

    The death of or injury to a person or property arising out of the Products.
  • An indemnified Party may participate in the defense of any claims by counsel of its own choosing, at its cost and expense. The Customer will not settle any Claims without CommerceBear’s prior written approval not to be unreasonably withheld. CommerceBear will not settle any claim without prior written approval of the indemnified party.
  • Every precaution for accuracy has been taken in the preparation of software. CommerceBear neither assumes responsibility for any omissions or errors that may appear nor assumes liability for any damages or losses that result from the use of the software.