Bispoke

Terms & Conditions

Terms & Conditions

These Terms & Conditions (“Terms”) govern your access to and use of the Bispoke website, Chrome extension, application programming interfaces (APIs), dashboards, widgets, and any related services, tools, or applications (collectively, the “Platform”). The Platform is owned and operated by Tempus Consulting, LLC dba Bispoke (“Bispoke,” “we,” “us,” or “our”), a Utah limited liability company.

By accessing or using the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, and any other policies referenced herein (collectively, the “Agreement”). If you do not agree to the Agreement, you must not access or use the Platform.

Effective Date: 1 April 2025 (last updated)

1. Definitions & Interpretation

1.1 Definitions In these Terms, unless the context requires otherwise:

1.2 Interpretation Headings are for convenience only and do not affect interpretation. Words in the singular include the plural and vice versa. References to a party include its successors and permitted assigns.

2. Using the Platform

2.1 Eligibility You may use the Platform only if you are at least 18 years old and capable of forming a binding contract under Applicable Law. By using the Platform, you represent and warrant that you meet these requirements.

2.2 Self‑Service Analytics The Platform is a self‑service analytics tool designed to ingest data—via Amazon’s Selling Partner API (SP‑API), Amazon Advertising API, and other supported integrations—from your Amazon Seller/Vendor or agency accounts. The Platform provides dashboards, visualizations, and recommendations covering, among other things, Sales & Traffic, Inventory, Advertising, and Search Query Performance metrics. You acknowledge that you use the Platform and act on its insights at your own risk (see Section 11, Disclaimer).

2.3 Account Registration & Security To access most features of the Platform, you must create an Account by providing accurate and complete information, including a valid email address and password, and (if applicable) authorizing Bispoke to connect to your Amazon or other third‑party accounts via secure OAuth or API keys. You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your Account. Notify us immediately if you suspect any unauthorized access.

2.4 Third‑Party Integrations By connecting a third‑party marketplace or ad account, you grant Bispoke permission to access, retrieve, store, and use information from that service as necessary to provide the Services, subject to our Privacy Policy and the third party’s terms. You are solely responsible for complying with any third‑party terms applicable to such integrations.

3. Prohibited Conduct

You agree that you will not, directly or indirectly:
  1. Use the Platform for any unlawful, fraudulent, or deceptive purpose;
  2. Violate any Applicable Law or third‑party rights;
  3. Interfere with or disrupt the integrity, performance, or security of the Platform;
  4. Upload or transmit viruses, malware, or other harmful code;
  5. Reverse‑engineer, decompile, disassemble, or otherwise attempt to discover the source code or underlying algorithms of the Platform;
  6. Circumvent or attempt to circumvent any usage limits, fees, or payment obligations;
  7. Copy, scrape, harvest, or use any Content except as expressly permitted by these Terms;
  8. Resell, sublicense, or otherwise provide the Platform to any third party except as permitted under a written white‑label or agency agreement with Bispoke.

4. Subscription Plans & Pricing

4.1 Pricing Model Bispoke offers subscription‑based access to the Platform. Subscription fees are tiered according to factors such as your trailing‑twelve‑month Amazon revenue, the number of connected accounts, and any optional white‑label services you elect. We reserve the right to set and modify pricing at our sole discretion, provided that we give you prior notice before any price increase becomes effective. The specific fees applicable to your subscription will be displayed in your order form or billing portal.

4.2 Additional Accounts Connecting additional Amazon or other marketplace accounts may incur additional charges, which will be disclosed in your order form or billing portal and are subject to change in accordance with Section 4.1.

4.3 White‑Label & Custom Services If you elect white‑label or custom development services, fees and scope will be set forth in a separate order form or statement of work. Such fees are also subject to change with notice under Section 4.1.

4.4 Billing & Payment All fees are billed in advance to the payment method on file. You authorize Bispoke to charge applicable fees automatically at the start of each billing period. Except as required by law, payments are non‑refundable.

4.5 Pricing Changes If we change our pricing, we will notify you via email or through the Platform in advance of the new prices taking effect. Continued use of the Platform after the effective date of the price change constitutes acceptance of the new pricing.

5. Confidentiality & Non‑Disclosure

5.1 Mutual Obligations Each party (“Recipient”) agrees to keep confidential and not disclose to any third party any Confidential Information of the other party (“Discloser”) except as permitted in this Agreement or with Discloser’s prior written consent.

5.2 Permitted Use Recipient may use Discloser’s Confidential Information solely to exercise its rights and perform its obligations under this Agreement. Recipient shall protect Confidential Information using at least the same degree of care it uses to protect its own confidential information (but no less than reasonable care).

5.3 Exclusions Confidential Information does not include information that (a) is or becomes publicly available without breach of this Agreement, (b) was lawfully known to Recipient prior to disclosure, (c) is received from a third party without restriction, or (d) is independently developed without use of Discloser’s Confidential Information.

5.4 Compelled Disclosure Recipient may disclose Confidential Information if required by law, regulation, or court order, provided that Recipient (where legally permitted) gives Discloser prompt notice and reasonable assistance in seeking protective relief.

5.5 Data Non‑Disclosure Bispoke will never sell or disclose your identifiable business data to third parties, except as necessary to provide the Services or as required by law. Aggregate, de‑identified data may be used for benchmarking, analytics, and product improvement.

6. Intellectual Property

6.1 Bispoke IP Bispoke and its licensors own all right, title, and interest in and to the Platform, including all underlying software, code, algorithms, designs, and documentation, as well as any improvements or derivative works (collectively, “Bispoke IP”). Except for the limited license granted herein, no rights in Bispoke IP are transferred to you.

6.2 User Data You retain all right, title, and interest in and to the data you upload or connect to the Platform (“User Data”). You grant Bispoke a worldwide, non‑exclusive, royalty‑free license to access, use, store, process, and transmit User Data as necessary to provide and improve the Services.

6.3 Feedback If you provide suggestions, ideas, or feedback regarding the Platform (“Feedback”), you grant Bispoke a perpetual, irrevocable, worldwide, royalty‑free license to use and incorporate such Feedback without restriction or compensation.

6.4 Usage License Subject to your compliance with the Agreement, Bispoke grants you a limited, revocable, non‑exclusive, non‑transferable license to access and use the Platform for your internal business purposes during the term of your subscription.

7. Privacy

Your privacy is important to us. Our collection and use of personal information is governed by our Privacy Policy, which forms part of this Agreement. By using the Platform, you consent to the collection, use, and sharing of information as described therein.

8. Termination

8.1 By You You may cancel your subscription at any time through your Account settings. Cancellation will take effect at the end of the current billing period. Fees already paid are non‑refundable.

8.2 By Bispoke We may suspend or terminate your access to the Platform (a) for material breach of this Agreement, (b) for non‑payment of fees, (c) if required to do so by law, or (d) if your use of the Platform poses a security risk or could subject us to liability.

8.3 Effect of Termination Upon termination, your license to use the Platform ceases, and we may delete or anonymize User Data after thirty (30) days, except as required by law. Sections that by their nature should survive (including confidentiality, IP, disclaimers, limitation of liability, and indemnity) shall survive termination.

9. User Data & Security

9.1 Data Backups While Bispoke employs commercially reasonable safeguards, you are responsible for maintaining independent backups of your User Data. Bispoke is not liable for any Loss resulting from data loss or corruption.

9.2 Security Measures We implement industry‑standard technical and organizational measures designed to protect User Data against unauthorized access, loss, or disclosure. However, you acknowledge that no Internet transmission is completely secure and that you transmit data at your own risk.

10. Third‑Party Services

The Platform may contain links or integrations to third‑party services that are not owned or controlled by Bispoke. Your use of any third‑party service is subject to that provider’s terms and privacy policy. Bispoke is not responsible for the availability, accuracy, or content of such services.

11. Disclaimer

THE PLATFORM AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON‑INFRINGEMENT. BISPOKE DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR‑FREE, OR SECURE, OR THAT ANY DATA OR RESULTS WILL BE ACCURATE OR RELIABLE.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BISPOKE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS, ARISING OUT OF OR RELATED TO THE PLATFORM, EVEN IF BISPOKE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BISPOKE’S AGGREGATE LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THE PLATFORM SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU TO BISPOKE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

13. Indemnification

You agree to indemnify, defend, and hold harmless Bispoke and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to (a) your use of the Platform, (b) your violation of the Agreement, or (c) your violation of any Applicable Law or third‑party rights.

14. Miscellaneous

Contact If you have any questions about these Terms, please contact us at legal@bispoke.io.