Terms of service

Optoro Terms of Service

Use and Protection of Client Content. ShipMonk (“Client”) hereby grants Optoro a royalty-free license to use, process and store the Client Content to perform its obligations and exercise its rights relating to the Agreement and to remarket or dispose of the Products in accordance with the Agreement. This includes the right for Optoro to engage affiliates and third parties, including data processors and telecommunication, networking, and cloud providers, and to make certain Client Content available to potential buyers of the Products through marketplaces enabled or supported by or through the Platform, if applicable. Additionally, Optoro may aggregate and anonymize any data or information relating to Client Content or the use of the Platform, including without limitation transactional and other analytics, to monitor, improve, or expand the Platform or Optoro’s commercial offerings notwithstanding anything to the contrary. As between the Parties, any such aggregated and anonymized data, information, or analytics provided, processed, or developed by Optoro is owned by Optoro. Aggregated and anonymized data, information, and analytics will not include personally identifiable data of a customer or reference Client.

TITLE; MERCHANT OF RECORD FOR REMARKETING SERVICES
Except as provided elsewhere in this Exhibit, for all Items that are remarketed by Optoro, upon delivery by Client of the designated Items to a common carrier for delivery to an Optoro Customer, title to the Items shall transfer from Client to Optoro. Optoro will be the merchant of record for all transactions with Optoro Customers. Any authorized Customer return will ship directly to Client. Title to the returned Item will pass to Client upon receipt of the returned Item from the common carrier. Except for remarketing services, title for all goods will not transfer to Optoro.

Client will not use the Platform to remarket, and will not otherwise provide any of the following Items to Optoro (each, a “Prohibited Product”):

  • Items to which it does not have free, clear and marketable title
  • Items that infringe on another party’s intellectual property or rights
  • Items that are not authentic
  • Items that are subject to recalls
  • Items that contain hazardous material and require special storage, handling or shipping
  • Items that are perishable and have expired
  • Items that contain customer Personally Identifiable Information, unless Client authorizes Optoro to Test and Refurbish those Items
  • Items that cannot be sold and delivered pursuant to the Services in this Order