Общи условия

This Acceptable Use Policy ("AUP") governs the use of the services, software, platforms, applications, APIs, integrations, websites and related functionality (collectively, the "Services") provided by Remotek Retail Ltd., a company registered in Bulgaria under company registration number 204903504 ("Company", "we", "us" or "our").

This AUP forms an integral part of and is incorporated by reference into the Company's Terms of Service ("ToS"). Capitalized terms not defined in this AUP have the meanings given to them in the ToS.

By accessing or using the Services, the User agrees to comply with this AUP and must ensure that its employees, contractors, representatives and other persons authorized to use the Services on its behalf also comply with it.

The Services may only be used for lawful and legitimate business purposes and in accordance with the ToS, this AUP, applicable law, and any applicable third-party agreements and policies.

Users must not use, or permit any other person to use, the Services in a manner that:

1. violates any applicable law, regulation, court order or governmental requirement;
2. facilitates, encourages or promotes unlawful, fraudulent, deceptive or abusive activity;
3. infringes, misappropriates or otherwise violates the rights of another person or organization;
4. compromises or attempts to compromise the confidentiality, integrity, availability or security of any system, network, account or information;
5. circumvents contractual, technical, security or access restrictions imposed by the Company or a third-party service provider; or
6. causes the Company to violate any law, regulation, contractual obligation or applicable third-party policy.

Where the Services are used in connection with a third-party marketplace, platform, payment provider, e-commerce system or other third-party service, the User must comply with all agreements, policies, rules and program requirements applicable to its use of that service.

Users must not use the Services to circumvent, evade, defeat or facilitate the violation of any contractual restriction, policy, requirement, enforcement action or other obligation imposed by a third party.

The Company does not provide, design or operate the Services for the purpose of enabling Users or third parties to violate their agreements with marketplaces, platforms or other service providers.

Where the Services are used in connection with Amazon, the User must comply with all applicable agreements, policies, program requirements and other rules governing its relationship with Amazon, including, as applicable, the Amazon Services Business Solutions Agreement and requirements applicable to Amazon Selling Partners and Vendors.

The User must not use the Services, directly or indirectly, to:

1. violate or facilitate a violation of an agreement or policy applicable to an Amazon Selling Partner or Vendor;
2. assist another Selling Partner, Vendor or third party in violating such an agreement or policy;
3. circumvent Amazon policies, controls, restrictions, enforcement actions, account limitations, verification requirements or security measures;
4. conceal or misrepresent conduct that would otherwise constitute a violation of an applicable Amazon agreement or policy; or
5. request, instruct or encourage the Company or its personnel to perform an action that would violate or facilitate the violation of an applicable Amazon agreement, policy or requirement.

The Company will not knowingly facilitate or promote violations of agreements between Amazon and its Selling Partners or Vendors.

The Services must not be used in connection with brushing activity, including sending unsolicited products to customers or other persons for the purpose of generating fake, misleading or manipulated orders, reviews, ratings or marketplace activity.

Users must not use the Services to create, purchase, solicit, incentivize, manipulate or otherwise improperly influence:

1. product reviews;
2. seller feedback;
3. ratings;
4. orders or sales history;
5. product rankings;
6. search rankings;
7. product popularity or performance indicators; or
8. any other marketplace metric or mechanism.

Users must not use the Services to facilitate such conduct by another Selling Partner, Vendor or third party.

Users must respect all applicable intellectual property and proprietary rights, including copyrights, trademarks, patents, design rights, trade secrets and other intellectual property rights.

The Services must not be used to sell, distribute, advertise, promote, support or otherwise facilitate the sale or distribution of:

1. counterfeit products;
2. pirated or unlawfully reproduced products;
3. products bearing unauthorized trademarks or other protected material;
4. products that infringe copyrights, patents, design rights or other intellectual property rights; or
5. any other products or materials that the User does not have the legal right to sell, distribute or use.

Users must not use the Services to enable or assist another Selling Partner, Vendor or third party to engage in product infringement or intellectual property infringement.

The User is responsible for ensuring that it possesses all rights, licences, permissions and authorizations necessary for products, trademarks, trade names, product descriptions, images, software, content and other materials used in connection with the Services.

The Company does not acquire ownership of the User's intellectual property merely because such intellectual property is processed through the Services.

Where the Company reasonably requests evidence demonstrating a User's right to use particular intellectual property in connection with the Services, the User shall provide reasonable supporting information or documentation.

The Services must not be used to engage in, facilitate, promote or conceal fraud, deception or other dishonest conduct.

Prohibited activities include:

1. providing deliberately false or misleading information;
2. impersonating another person or organization;
3. misrepresenting a User's identity, authority, business activities or affiliation;
4. falsifying transactions, invoices, tax information, accounting records or other business records;
5. deliberately concealing transactions or information required for regulatory, tax or accounting purposes; or
6. using the Services to assist another person in engaging in fraudulent or deceptive conduct.

Users must not use the Services for tax evasion, money laundering, sanctions evasion or any other unlawful avoidance or circumvention of legal or regulatory obligations.

Users are responsible for providing accurate, complete and authentic information and documentation required for the provision of tax, accounting, VAT, fiscal representation or related compliance Services.

The Services must not be used to knowingly create, submit or facilitate false, misleading or fraudulent tax declarations, invoices, accounting records or regulatory filings.

Nothing in this section prevents Users from legitimately arranging their affairs in accordance with applicable law or disputing the interpretation or application of tax or regulatory requirements.

Users must not:

1. attempt to gain unauthorized access to the Services or to any account, server, database, network or information;
2. attempt to bypass authentication, authorization, access-control or security mechanisms;
3. introduce malware, viruses, ransomware, malicious code or other harmful components;
4. probe, scan or test the vulnerability of the Services without the Company's prior written authorization;
5. interfere with, disrupt, overload or impair the operation, availability or security of the Services;
6. use another person's credentials without authorization;
7. attempt to obtain information to which the User is not authorized to have access; or
8. assist another person in performing any of the foregoing activities.

Users are responsible for maintaining the confidentiality and security of credentials used to access the Services and for ensuring that access is limited to authorized persons.

Users must take reasonable measures to protect their accounts against unauthorized access and must promptly notify the Company if they become aware of or reasonably suspect:

1. unauthorized access to their account;
2. compromised or stolen credentials;
3. unauthorized disclosure of information obtained through the Services; or
4. another security incident affecting their use of the Services.

Information obtained through the Services may only be accessed and used for legitimate purposes associated with the Services and in accordance with applicable law, contractual requirements and applicable third-party policies.

Users must not use information obtained through the Services to:

1. harass, threaten, discriminate against or unlawfully profile individuals;
2. engage in identity theft, fraud or other unlawful conduct;
3. disclose confidential or personal information without authorization;
4. create unauthorized databases or datasets containing personal or confidential information; or
5. use Amazon Information or other marketplace information for purposes prohibited by the applicable marketplace's agreements or policies.

Where access to particular information is no longer necessary for an authorized purpose, Users must not retain, copy or otherwise exploit that information contrary to applicable legal or contractual requirements.

Unless expressly authorized by the Company or permitted by applicable law, Users must not:

1. reverse engineer, decompile or attempt to derive the source code of the Services;
2. bypass usage limitations, access controls or other technical restrictions;
3. use automated means to scrape or extract information from the Services outside functionality expressly provided by the Company;
4. interfere with mechanisms used to enforce security, access control or compliance requirements; or
5. attempt to conceal prohibited activity from the Company, Amazon or another applicable third-party service provider.

A User must not request, direct, encourage or induce the Company, its employees, contractors, systems or representatives to perform an action prohibited by this AUP.

The Company may refuse to perform any instruction that it reasonably believes would:

1. violate applicable law;
2. infringe intellectual property rights;
3. violate an Amazon or other marketplace agreement or policy;
4. facilitate fraud or deceptive conduct;
5. compromise information security or confidentiality; or
6. otherwise violate this AUP.

Refusal to perform such an instruction shall not constitute a breach of the Company's obligations to the User.

The Company may investigate suspected violations of this AUP where it has reasonable grounds to believe that a violation may have occurred.

For this purpose, the Company may request information or documentation reasonably necessary to assess the suspected violation.

Users agree to reasonably cooperate with such investigations.

The Company may take proportionate protective measures while an investigation is ongoing where reasonably necessary to protect the Company, other Users, Amazon or other third parties, or the confidentiality, integrity or availability of information and systems.

The Company may investigate credible allegations that the Services are being used to facilitate intellectual property infringement.

Where appropriate, the Company may request evidence demonstrating the User's authorization to sell, distribute or otherwise use relevant products, trademarks, content or other intellectual property.

Where the Company reasonably determines that its Services are being used to facilitate intellectual property infringement, it may restrict or suspend the relevant functionality or account and take other measures permitted under this AUP or the ToS.

Where permitted or required by applicable law, the Company may cooperate with competent authorities, marketplaces, service providers, intellectual property rights holders and other affected parties in connection with suspected:

1. unlawful activity;
2. fraud;
3. intellectual property infringement;
4. information-security incidents;
5. violations of applicable marketplace agreements or policies; or
6. other material violations of this AUP.

Any disclosure of personal data or confidential information under this section will be subject to applicable law and the Company's contractual and data-protection obligations.

The Company may take reasonable and proportionate action in response to an actual or suspected violation of this AUP.

Depending upon the nature, severity and circumstances of the violation, such action may include:

1. issuing a warning;
2. requesting corrective action;
3. requesting additional information or documentation;
4. restricting access to particular functionality;
5. temporarily suspending access to the Services;
6. terminating access to the Services in accordance with the ToS; or
7. taking other measures reasonably necessary to protect the Company, its Users, third parties or the security and integrity of the Services.

Serious or repeated violations of this AUP may constitute a material breach of the ToS.

Nothing in this AUP requires the Company to provide advance notice before taking urgent action where immediate action is reasonably necessary to prevent unlawful activity, fraud, infringement, unauthorized access, information-security risks or material harm.

The User is responsible for ensuring that its employees, officers, contractors, agents and other persons whom it authorizes to access the Services comply with this AUP.

Conduct by an authorized person using the User's account will be treated as conduct of the User for purposes of this AUP, except to the extent that such access resulted from circumstances outside the User's reasonable control.

Nothing in the ToS, Fiscal Services Agreement, Service Level Agreement or any other agreement between the Company and the User requires the Company to provide Services, process instructions or take actions that would violate this AUP, applicable law or applicable third-party agreements or policies.

The Company may decline such requests without liability for failing to perform the prohibited action.

The Company may amend this AUP from time to time in accordance with the amendment provisions contained in the ToS.

Changes may be made, among other reasons, to reflect changes in applicable law, security requirements, the Services, marketplace requirements or third-party policies.

The current version of this AUP will be made available through the Company's website or Services.

This AUP forms part of the contractual agreement between the Company and the User and should be read together with the ToS and other agreements incorporated into the ToS.

In the event of a conflict between this AUP and the ToS, the ToS shall prevail unless the ToS expressly provides otherwise.