Terms of service.
Last edited on November 11, 2023
Please read these Terms of Service (“Terms”, “Terms of Service”) carefully before using the https://crosslist.com/ and https://app.crosslist.com/ websites (the “Service”) operated by Crosslist BV (“us”, “we”, or “our”).
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you represent and warrant that you have read, understand, and agree to be bound by these Terms. Furthermore, during the registration process, you are explicitly asked to confirm that you agree to these Terms. If you disagree with any part of the terms then you may not access the Service and must discontinue use immediately.
Identity of Crosslist®
Crosslist BV
Elf Novemberlaan 37
8930 Menen
BELGIUM
VAT: BE0798774016
Purchases
If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number and expiration date or any other payment information, as well as your billing address.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
By submitting such information, you grant us the right to provide the information to our third party payment processor, Stripe, for purposes of facilitating the completion of Purchases, i.e. recurring subscription updates.
Cancellations
You may cancel your account at any time by managing your subscription in your account dashboard. If you cancel paid Services, the cancellation will take effect at the end of your current billing period. Thereafter, Crosslist will cease charging you for paid services and will disable your paid account. When paying users cancel their account, they will not be issued refunds for their most recent (or any previous) billing.
If you choose to downgrade your account, you will not be refunded the difference in price between your old subscription and your new subscription.
Refunds
Crosslist provides you with a 3-day money-back guarantee on your first purchase (full amount minus our payment partner’s processing fees for quarterly subscriptions), under the condition that you have not created more than 20 listings or products within the application, either through manual creation or through any form of import, including direct cross listing.
The processing fees are as follows:
- Bronze: $0 (monthly) or $3.49 (quarterly)
- Silver: $0 (monthly) or $3.49 (quarterly)
- Gold: $0 (monthly) or $3.49 (quarterly)
To obtain a refund, you must contact our customer service through any of our support channels so we can review whether you are eligible for a refund under these terms of service.
The 3-day money-back guarantee window starts at the moment of the Purchase and ends exactly 72 hours later. If you do not contact us within this period, using the channels outlined above, you agree that you waive all rights to obtain a refund under these Terms.
The 3-day money-back guarantee is only valid on your first Purchase. If you have previously purchased the Service, you are not eligible for a refund under these Terms. Furthermore, you agree and understand that recurring subscription updates are never refunded, regardless of whether they are billed monthly or annually.
We do not provide refunds on educational products.
Disputes
Any payment dispute or chargeback will be transferred to our partnered collection agency, which operates globally, including the United States of America. Upon receiving a payment dispute or chargeback, we will immediately delete all your listings, account, and terminate your use of the Service.
Support
The Services include access to email and chat support. “Email and chat support” means the ability to make requests for technical support assistance by email ([email protected]) or chat (Facebook Messenger) at any time (with reasonable efforts by Crosslist to respond within three business days) concerning the use of the Services.
Availability, Errors and Inaccuracies
We are constantly updating our offerings of products and services on the Service. The products or services available on our Service may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Service and in our advertising on other web sites.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Contests, Sweepstakes or Promotions
Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through the Service may be governed by rules that are separate from these Terms. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.
Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by Crosslist.
Crosslist has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Crosslist shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
Termination of Service
We may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Upon termination, your right to use the Service will immediately cease.
Limitation of Liability
In no event shall Crosslist, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Disclaimer
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Crosslist and its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; d) the results of using the Service will meet your requirements, or e) the usage of the service results in the banning of your account on any marketplace.
Governing Law
These Terms shall be governed and construed in accordance with the laws of Belgium, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
Intellectual Property Rights
Unless otherwise indicated, the Service is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Service (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions.
The Crosslist name and logo is a licensed Service Mark with the United States Patent and Trademark Office, Reg. No. 6,807,533, registered on August 02, 2022.
The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Affiliate Program
By signing up to be an affiliate in the Crosslist Affiliate Program (the “Program”) you agree to be bound by the following terms and conditions (the “Terms”). Please ensure that you read them carefully before signing up. These Terms are a legal agreement between Crosslist BV (“us”, “we”, or “our”) and You (the “Affiliate”, “you”).
Any violation of these Terms may result in, among other things, termination or suspension of your rights to be an Affiliate and forfeiture of any outstanding affiliate fee payments earned during the violation.
Account Registration
You must provide your legal full name, a valid email address, and any other information requested in order to complete the sign up process for an Affiliate account (“account”)
You must be 18 years of age or older to join this Program.
Each account is for use by either a single legal entity (e.g. a company or a partnership) or an individual user. We do not permit you to share your username and password with any other person or with multiple users on a network. Responsibility for the security of any user names and passwords issued (including those of any Invitees) rests with you.
You may not use the Program for any illegal or unauthorized purpose. You must not, in the use of the Program, violate any laws in your jurisdiction (including but not limited to copyright laws).
Affiliate Links & Promotion
Once you have signed up for the Program you will be provided with a URL link that must be used to identify you when placing a link from your site, email or other communications to the Service. It is your responsibility to ensure each such link is correctly formatted.
We may also provide graphical images that can be used within the links to promote the Service. You may not modify these images in any way. We reserve the right to change the images at any time without notice.
You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site
You may not use our name or graphics in any bulk email whatsoever unless we have given our advanced written consent. We may terminate the Agreement if any meaningful spam complaints naming us or our services result from your marketing activities.
You may not issue any press release with respect to this Agreement or your participation in the Program; such action may result in your termination from the Program. In addition, you may not in any manner misrepresent or embellish the relationship between us and you, say you develop our Services, say you are part of Crosslist BV or express or imply any relationship between us and you or any other person or entity, except as expressly permitted by this Agreement.
Affiliate Fee
For the sale of a subscription to be eligible to earn an affiliate fee, the customer must click through a link from your site, email, or other communications to the Service and purchase the Service within 60 days of the initial click-through. If they fail to purchase the Service within those 60 days and later return without following your link, you will not earn an affiliate fee.
We will only pay affiliate fees on links that are automatically tracked and reported by our systems. For our systems to track the affiliate customer, the visitor must have cookies enabled and must not have an ad blocker installed. We will not pay affiliate fees if someone says they signed up through you but it was not tracked by our system.
The affiliate fee is 30% of our revenue from customers that you refer. The affiliate fee will be credited to your Affiliate account once the customer pays their subscription. Affiliate fees are only earned if a customer makes a payment in full.
Affiliate Payment
Affiliate fees are considered to be accrued 3 weeks after payment. Payments that have been refunded or payments that have been subject to a chargeback do not qualify for referral fees. We may delay crediting affiliate fees subject to risk analysis considerations and Anti-Money Laundering procedures.
Accrued affiliate fees are paid through Wise in the first week of every month and only when your accrued affiliate fees total $20 or more. We do not offer payment via cash, check, credit card, PayPal or any other payment service.
A summary of purchases and statement of affiliate fees is available to the Affiliate by logging into their Affiliate account.
The affiliate fee structure is subject to change at our discretion.
We reserve the right to disqualify referral fees earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods.
All fees are exclusive of all taxes, charges, levies, assessments and other fees of any kind imposed on your involvement in this Agreement and shall be the responsibility of, and payable by you.
We reserve the right to check and change commissions on the basis of orders actually paid, the notification e-mail is not understood as a confirmed commission – this is only a notification, and every payment will be verified based on real transactions.
Customer Definition
Every customer who buys the Service through the Program is deemed to be a customer of Crosslist BV. Accordingly, all of our rules, policies, and operating procedures concerning pricing, customer orders, customer service, and sales will apply to those customers.
We may change our policies and operating procedures at any time. Crosslist BV is not responsible for any representations made by the Affiliate that contradict our rules, policies or operating procedures.
Pricing And Availability
We will determine the prices to be charged for the Service sold under this Program in accordance with our own pricing policies. Pricing of the Service and availability may vary from time to time.
Because price changes may affect services that you have listed on your site, you should not display service prices on your site. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular service.
Copyrighted And Trademarked Material
You are solely responsible for ensuring that your reviews, product descriptions and articles (if applicable at your site) obey all applicable copyright, trademark, and other laws. Crosslist BV will not be responsible if you use another party’s copyrighted or trademarked material in violation of the law.
Term Of The Agreement And Program
The term of this Agreement will begin upon our acceptance of your Program application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party notice of termination. Notice by e-mail, to your address on our records, is considered sufficient notice to terminate this Agreement.
Crosslist BV reserves the right to end the Program at any time. Upon Program termination, Crosslist BV will pay any legitimate outstanding earnings.
Termination
Crosslist BV, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Program, for any reason at any time.
Such termination will result in the deactivation or deletion of your Affiliate Account, and the forfeiture and relinquishment of all potential or accrued affiliate fees in your Account if they were earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods. Crosslist BV reserves the right to refuse service to anyone for any reason at any time.
Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your site, all links to the Service and all our images and other materials provided under the Program.
Relationships Of Parties
You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Agreement.
Limitations Of Liability
Crosslist BV and any of its officers, directors, employees, shareholders or agents, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this Program.
Notice
All notices given by you to us must be given to Crosslist BV at [email protected]. We may give notice to you at the e-mail address you provided to us when registering. Notice will be deemed received and properly served 24 hours after an e-mail is sent. In proving the service of any notice, it will be sufficient to prove in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
Events Outside Our Control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations hereunder that is caused by events outside our reasonable control (a “Force Majeure Event”).
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
- strikes, lock-outs or other industrial action;
- civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
- fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
- impossibility of the use of public or private telecommunications networks;
- the acts, decrees, legislation, regulations or restrictions of any government.
Our performance is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations under these Terms may be performed despite the Force Majeure Event.
Waiver
If we fail, at any time to insist upon the strict performance of any of your obligations under these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled hereunder, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
A waiver by us of any default shall not constitute a waiver of any subsequent default.
No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
Severability
If any of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
Entire Agreement
These Terms and any document expressly referred to in it represents the entire agreement between us in relation to the use of the Program and supersedes any prior agreement, understanding or arrangement between us, whether oral or in writing.
We each acknowledge that, in entering into these Terms, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to entering into these Terms except as expressly stated herein.
Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date we entered into these Terms (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these Terms.
Privacy Policy
Crosslist has established a Privacy Policy to explain to you how your information is collected and used. Your use of the Service signifies acknowledgment of and agreement to the Privacy Policy.
You further acknowledge and agree that Crosslist may disclose your personal information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to comply with legal process, to enforce these terms and conditions, or, in its sole discretion, to protect the rights, property, or personal safety of Crosslist, its employees, users and third parties, and the public, or as otherwise described in the Privacy Policy.
The Privacy Policy is available here: https://crosslist.com/privacy-policy/
As a company operating in the European Union, we are fully GDPR compliant.
Our GDPR Compliance policy is available here: https://crosslist.com/gdpr-compliance/
Contact Us
If you have any questions about these Terms, please contact us using [email protected].