Terms & Conditions

Primsell Terms and Conditions

May 11, 2023

These Terms and Conditions, together with any other rules or policies published on https://www.primsell.com/ or https://app.primsell.com/ (the “WebApp”) or otherwise made available to you by Primsell OÜ, a company registered in Tallinn, Estonia (referred to as “Primsell”, “we”, “our” and “us”), constitute a legally binding agreement (the “Terms”) governing any access or use of the WebApp, as well as any services provided on or through the WebApp (the “Services”) by the users (the “Users”, each, a “User”, “you” or “your”). If you do not accept these Terms in their entirety, you must not access or use the WebApp or any Services. By using our WebApp or Services, you accept these Terms.

Your submission of personal data through the WebApp and its collection, use, and sharing by Primsell is governed by our Privacy Policy, which is incorporated to these Terms by reference.

To be able to use the Services, you must satisfy the following eligibility criteria:

Not to be subject to any applicable export controls, trade or economic sanctions, embargoes, or similar laws, regulations, rules, orders, or requirements including, without limitation those of the UN, UK, and the EU.
Not to be situated in a country that is subject to the United States government embargo or has been designated by the United States government as a “terrorist supporting” country.
Not to be listed on any United States government list of restricted or prohibited parties.
To be at least 18 years old.
If you are using the WebApp or the Services on behalf of a company or organization, you confirm to us that you have authority to act on behalf of that entity, and that entity accepts these Terms.

Primsell Services
1. Primsell provides sellers with the opportunity to create a collection of non-fungible tokens (the “NFT”), mint NFT collection for buyers; and for buyers to purchase and redeem NFTs through the WebApp, and receive an associated product with it.
2. NFTst are minted, owned and/or controlled by Users of the WebApp (the “Sellers”) who have made them available for purchase on their own WebApps, platforms or other online resources (the “Seller’s Resource”), using the Services. The applicable Seller shall be deemed the provider or seller of each Seller’s NFTs. Users who buy or otherwise acquire and redeem the NFTs through the WebApp are referred to as the “Buyers”.
  Each NFT represents physical goods or services (the “Product”) in the Seller’s possession and identifies the Product with which it is associated, as well as the brand that produced the Product through a pointer or hash in the corresponding NFT metadata (the “Seller’s Brand”).
3. The Sellers cannot create several NFTs representing a single product but can generate NFTs belonging to a comparable collection or series, or sold under the same Seller’s Brand. Owning the NFT grants the Buyer the right to Redeem it for the designated Product, subject to the conditions and limitations outlined in these Terms or other terms and conditions stated on the Seller’s platform or WebApp.
4. Each NFT is minted using the smart contract technology on the Polygon (MATIC) (the “Polygon Blockchain”), the second layer of the Ethereum blockchain. You accept and recognize that specific information, such as your digital wallet address and transaction history via that address, may be visible to the public on the Polygon Blockchain. The NFTs are transferable between digital wallet addresses on the Polygon Blockchain (or any other blockchain where technology permits), subject to applicable Gas Fees and Primsell Fees (defined below).
5. We reserve the right to (a) decline or refuse to mint, sell or redeem any NFTs for any reason, solely at our discretion, and (b) take any actions we consider necessary or suitable regarding the NFTs, including if we determine that the NFT breaches these Terms, infringes upon any person or entity’s intellectual property rights, poses a risk to public or personal safety, or could potentially create liability for Primsell and our partners (including our and their respective direct and indirect parents, affiliates, and subsidiaries, as well as our and their officers, directors, employees, and agents) or other Users.
Seller’s Account and NFTs
The following terms apply to your use of the WebApp and Services as a Seller.
1. You have the option to browse our WebApp and utilize some of our Services without creating an account. However, if you wish to mint the NFTs, by using the Services, and sell them, you must create a Primsell account (the “Seller’s Account”). When you register for an account, it is your responsibility to provide accurate account information and to update it promptly if any changes occur. Additionally, it is crucial to safeguard the security of your Seller’s Account and notify us immediately if you discover or suspect any unauthorized access. You are liable for the actions of any users that utilize your Seller’s Account. Access to the Seller’s Account is limited solely to Seller. Sellers shall not sell, rent, lease, or grant access to the Seller’s Account to any person, except to their employees, contractors or representatives.
2. The Sellers bear sole responsibility for upholding the security of their Seller’s Account and managing any usernames, passwords, or codes used to access the Services. You must not hold us accountable for managing or maintaining the security of your Seller’s Account. Primell cannot be held responsible (and you must not hold us responsible) for any unauthorized access to or use of your Seller’s Account. It is the Seller’s responsibility to monitor their Seller’s Account, and in the event of any unauthorized or suspicious activity, you must notify us immediately.
3. Your Seller’s Account contains all statistical and other information connected to the NFTs minted using the Services.
4. We may allow the Seller to mint the NFT for display and sale through the Seller’s Resources. We do not guarantee the Seller will be able to sell their NFTs. The Seller shall acknowledge and agree that Primsell may withhold its commissions for the Services from the transaction revenues received by the Seller as a result of the NFT sale through the WebApp or its re-sale through the Third Parties’ Marketplace (the “Primsell Commission”). The amount of Primsell Commission will be specified in the WebApp’s interface in each corresponding case.
5. When you mint, provide, trade, post, publish, transfer, or sell the NFT via the WebApp, you certify and guarantee that either: (a) you possess all legal rights, title, and interests in the Product connected to the NFT and the metadata linked, referenced or associated with it, or (b) you have legal authorization from the owner to mint, provide, trade, post, publish, transfer, or sell the NFT through the WebApp. Furthermore, by minting, providing, trading, posting, publishing, transferring, or selling the NFT through the WebApp, you grant us and our affiliates and service providers a non-exclusive, transferable, sublicensable, royalty-free right and license to use, reproduce, modify, distribute, publicly perform, display, and archive the metadata related to such NFT worldwide. You will not make or authorize any claim against us stating that our utilization of the metadata in your NFT infringes any of your rights.
6. We reserve a right not to post, display, make available for sale, or otherwise use any NFT, and we reserve the right to remove, take down, or obfuscate any NFT at any time at our sole discretion. Primsell and our affiliates (and each of our and their direct and indirect affiliates and subsidiaries, and our and their respective officers, directors, employees, and agents) have no obligation or liability to the Seller for keeping, storing, or helping you recover any metadata or Product associated with their NFTs.
7. Do not create, upload, offer for sale, or post the NFTs that are associated with illegal or offensive content or Products. The Seller assumes full responsibility for any NFT they offer for sale, post, publish, trade, transfer, or sell, and any Product or content of any description associated therewith. We may revise any data associated with the NFT listings to supplement, remove, or correct information.
8. If you sell, trade, or transfer the NFT, whether using the Services, you transfer to the corresponding Buyer and any subsequent owners of the NFT all ownership in the Product associated with the NFT and personal, limited, non-exclusive, non-sublicensable license to view and display the digital media associated with such NFT, solely for the Buyer’s (or subsequent owner’s) own personal, non-commercial use.
9. If you sell, gift, trade, or transfer the NFT, using the Services, you agree that you will not have any claims against us for any breach of these Terms by the Buyer or any other purchaser if the NFT is sold through the Third Parties’ Marketplace.
10. If the Seller’s NFT is Redeemed by the Buyer (as described below), the Seller shall ship and/or arrange for shipping the Product to the correspondent Buyer. By arranging for transportation or shipping of any Product under the Buyer’s instruction, the Seller is providing a service to the Buyer. The Sellers shall affirm and represent that they have obtained any and all required permissions or consents, paid any required fees, and are using properly licensed intermediaries where required to receive the Products. Title in the Products passes to the Buyer once it is delivered to the Buyer. Sellers are required to pay shipping fees and duties related to shipping their Product. Primell is not responsible for shipping any Products to the Buyers and it remains the Seller’s sole responsibility.
WebApp Transactions
1. Primsell acts as a tool to facilitate transactions for the purchase and sale of NFTs between Buyers and Sellers. We do not act as a broker, financial institution, or creditor, and are not a party to any sales agreements between the Buyers and the Sellers who use our Services. We are not liable for any breach or default by the Buyer or the Seller. Nonetheless, we reserve the right to make the final decision on any disputes that arise from the NFT purchases made through the WebApp. You are responsible for your interactions with other Users.
2. In order to transact through the WebApp, we may require you to provide additional information and documents as required by applicable law or regulation. For instance, before creating any NFT campaign, we may request additional information as required by applicable law or regulation, including laws related to anti-money laundering. In such cases, we, in our sole discretion, may pause or cancel your transactions within the WebApp until we, and/or our service providers, have reviewed these documents and accepted them as satisfying the requirements of applicable law. If you do not provide complete and accurate information and documents in response to such a request, your transactions may not be processed on the WebApp. You acknowledge that there may also be a time delay between the time when you submit such information and when we and/or our service providers are able to complete any anti-money laundering, know-your-client or similar checks.
3. You agree to comply with the following restrictions when using the WebApp or the Services: (a) you will not use the WebApp or Services for any illegal or unauthorized purpose, including without limitation money laundering, terrorist financing, or engaging in any activity that violates these Terms; (b) you will not engage in any deceptive or manipulative trading activities; (c) you will not place misleading bids or offers; and (d) you will not use the WebApp or the Services to conduct any financial activities subject to registration or licensing, including without limitation creating, listing, or buying securities, commodities, options, real estate, or debt instruments.
4. To be able to buy, redeem or re-sell the NFT, the Buyer shall link the supported blockchain-based digital wallet (the “Supported Wallet”) provided by supported third-party unhosted wallet providers (the “Supported Wallet Provider”), as listed on our WebApp. All NFTs you redeem, purchase, or re-sell will be placed in your Supported Wallet. Each Supported Wallet Provider is a third-party company that offers unhosted digital wallet products and services. We are not in any way affiliated or partnered with Supported Wallet Providers. Your use of any digital wallet, including those we support, is at your own risk and subject to the terms and conditions of that digital wallet. You are responsible for all uses of your digital wallet and for any actions that take place using your digital wallet, whether by you or by another person.
5. The Buyers are responsible for (i) any transaction fees or other fees that may be associated with their purchase of the NFTs through the WebApp, (ii) sales, use, value-added and other taxes, duties, and assessments now or hereafter claimed or imposed by any governmental authority associated with their use of the WebApp or Services and the NFTs they purchase, except for income taxes levied on us as a result of such purchases of the NFTs.
6. The Buyers may purchase the NFT through the WebApp using fiat currency and crypto currency, as listed on the WebApp. Primsell may use third party payment service providers, such as Stripe, to facilitate such transactions or to process the funds.
7. The Buyers shall acknowledge that all purchases made through the WebApp are final, and that no refunds, exchanges, or credits will be given. You agree not to attempt to bypass or circumvent any refund restrictions in any way with respect to purchases made through the WebApp. This includes refraining from disputing or requesting a “chargeback” from the payment company whose credit card or other payment method you used to purchase the NFT through the WebApp.
8. When purchasing or selling an NFT through the WebApp, you acknowledge that you do so at your own risk. We do not control or endorse any NFT transactions and are not responsible for verifying the authenticity, legitimacy, or identity of any Seller or NFT purchased through the WebApp. We cannot confirm whether the Seller has the right to create or sell the NFT, including the rights in the metadata, digital media, or the Product associated with the NFT. We assume no obligation or responsibility for the due diligence and are not obliged to conduct any inspections or take any action to obtain or verify any information about any NFT or Seller. We do not guarantee, endorse or make any promises about the legitimacy, authenticity, identity, continued availability, originality, non-infringement, or any other aspect of any NFT or Seller, or the Product associated with the NFT.
NFTs Re-sell on the Third-Parties’ Marketplaces
1. The Buyers may purchase, sell, trade, or distribute (“re-sell”) the NFTs purchased through the WebApp on certain smart contract-enabled secondary marketplaces, platforms and exchanges operated by third parties where users can sell, purchase, transfer, list for auction and bid on NFTs (the “Third-Parties’ Marketplaces”). The NFTs purchased through the WebApp may not be re-sold through all Third-Parties’ Marketplaces, other than Opensea and Rarible, but not limited to, and Primsell makes no guarantee about the availability or functionality of any Third-Parties’ Marketplace. The Buyer acknowledges and agrees that we are not a party to any agreement or transaction where you trade the NFT on any Third-Parties’ Marketplace even if Primsell receives a commission or as a consequence of the transaction. We are not liable for any loss incurred by you in connection with any transaction that takes place on the Third-Parties’ Marketplaces or on any other third-party sites or services.
NFTs Redeeming
1. Upon purchasing the NFT through the WebApp, the Product linked to it will remain with the Seller until the Buyer chooses to Redeem their NFT for the Product (“Redeem”). Redeem has no period limitations, unless otherwise is provided by the Seller’s terms and conditions.
2. Buyer that owns the NFT can Redeem it for the Product associated with the NFT. Once the Buyer provides the necessary information to Redeem the NFT, the Seller will ship the Product associated with the NFT to the Buyer in accordance with Seller’s terms and conditions. However, the Seller may not be able to ship the Product to certain jurisdictions or to minors who are not legally permitted to accept delivery of a Product. In such cases, the Buyer will not be able to Redeem the NFT and will need to either hold the NFT until such time as the Seller can legally ship it to them, or sell their NFT. It is important to note that all requests to Redeem the NFT are final and cannot be reversed. All the shipping details should be specified on the Seller’s Resources.
3. It is the responsibility of the Buyer to comply with all relevant importation and customs laws when Redeeming the NFT. If Primsell or the Seller becomes aware that the Buyer NFT owner is not in compliance with such laws, the Seller will not ship the Product.
NFTs Redeeming
1. The WebApp may not be used for any unauthorized use or for any illegal or unlawful purpose. Any unauthorized use or violation of these Terms may immediately and automatically terminate your right to use and access the WebApp and may subject you to legal liability.
2. Primsell reserves the right to take appropriate legal action for any illegal or unauthorized use of the WebApp.
3. In addition to any right or remedy that may be available to use under these Terms or under applicable law, Primsell reserves the right to limit, suspend or terminate your access to the WebApp at any time, without notice and without cause. We may also refer any information on illegal activity, including your identical, to the proper authorities.
WebApp Content
1. Unless specifically stated otherwise, the WebApp and all of the content on the WebApp, including but not limited to text, images, illustrations, designs, icons, photographs, video clips, and other WebApp features and materials, as well as the intellectual property such as copyrights, trademarks, and trade dress associated with such content (collectively referred to as the “Contents”), are either owned, licensed or controlled by Primsell and/or its subsidiaries.
2. The WebApp and its Contents are intended solely for personal, non-commercial use. You are allowed to download or copy the Contents and any other downloadable materials found on the WebApp for personal use only. Please note that no rights, title or interest in any downloaded Content is transferred to you as a result of such downloading or copying. Furthermore, you are prohibited from reproducing (except as noted above), publishing, transmitting, distributing, displaying, modifying, creating derivative works from, selling, or exploiting in any way any of the Contents or the WebApp.
3. The WebApp may contain information that includes typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, and availability. Primsell reserves the right to correct any errors, inaccuracies or omissions, and to change or update any information on the WebApp. Furthermore, Primsell may cancel any NFT purchase if any information on the WebApp is found to be inaccurate at any time, without prior notice (including after you have submitted the purchase).
4. These Terms apply solely to your use of the WebApp and Services and do not pertain to any other Internet-based services or WebApps, including the Third-Parties’ Marketplaces, the Seller’s Resources, communication platforms, or other WebApps or browser extensions that the WebApp may link to (“Third-Party WebApps”). Primsell may provide links or references to Third-Party WebApps for your convenience and information only. Such links do not constitute an endorsement by us of any Third-Party WebApp, and we may not warn you that you have left the WebApp and are subject to the terms, conditions, and privacy policies of a Third-Party WebApp when you click such a link. We are not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any content, advertising, products, services, information, or other materials on Third-Party WebApps. Additionally, we are not responsible or liable for the availability or accuracy of Third-Party WebApps.
5. By creating the Seller’s Account, the Seller provides Primsell with the non-exclusive, transferable, sublicensable, royalty-free right and license to use, reproduce, and display its logo and any case studies associated with the Seller as a part of the WebApp Content.
Governing Law and Disputes
1. These Terms shall be governed and interpreted by the laws of the Republic of Estonia. Any suit, action or proceedings relating to these Terms will be settled in the courts of Estonia.
2. You acknowledge and accept that Primsell records will be the ultimate and authoritative source in deciding your usage of the WebApp or the Services and adherence to these Terms. You have no right to dispute or appeal Primsell decisions concerning these issues. Primsell’s final decision will be conclusive in any such disagreement.
Disclaimers
1. YOUR USE OF THE WebApp AND SERVICES PROVIDED BY PRIMSELL IS AT YOUR SOLE RISK. EXCEPT AS OTHERWISE PROVIDED IN A WRITING BY US, THE, WebApp, THE SERVICES AND ANY CONTENT IN THE SERVICES, INCLUDING ANY AND ALL WebApp CONTENT AND NFTS, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN ADDITION, PRIMSELL DOES NOT REPRESENT OR WARRANT THAT OUR SERVICES, WebApp, WebApp CONTENT OR ANY NFT ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. WHILE PRIMSELL ATTEMPTS TO MAKE YOUR USE OF OUR SERVICES AND WebApp SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT OUR WebApp, SERVICES OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF OUR WebApp AND SERVICES. PRIMSELL WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS AND TAKE NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE TO YOU FOR, ANY ACCESS TO OR USE OF SERVICES, WebApp OR ANY WebApp CONTENT OR NFTS INCLUDING BUT NOT LIMITED TO ANY LOSS, DAMAGE OR CLAIM ARISING FROM: (A) USER ERROR SUCH AS FORGOTTEN PASSWORDS, INCORRECTLY CONSTRUCTED TRANSACTIONS, OR MISTYPED ADDRESSES; (B) SERVER FAILURE OR DATA LOSS; (C) CORRUPTED WALLET FILES; (D) UNAUTHORIZED ACCESS TO APPLICATIONS; OR (E) ANY UNAUTHORIZED THIRD PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING, BRUTE-FORCING OR OR OTHER MEANS OF ATTACK AGAINST THE WebApp OR APPLICABLE BLOCKCHAIN.
2. THE NFTS ARE DIGITAL ASSETS THAT ARE INTANGIBLE AND EXIST SOLELY BASED ON THE OWNERSHIP RECORD MAINTAINED ON THE BLOCKCHAIN NETWORK. THE TRANSFER OF CONTROL OF ANY UNIQUE DIGITAL ASSET CAN ONLY OCCUR ON THE APPLICABLE BLOCKCHAIN NETWORK.
3. The NFTs are transferable blockchain-based non-fungible tokens that are evidence of an ownership in the specific Product owned by the Seller that is exclusive to the owner of the NFT. The NFTs are currently available mainly on the Polygon or Ethereum Blockchain (not limited to). You will not be able to transfer your NFTs to any digital wallet that is not compatible with the Ethereum of Polygon Blockchain. In the event that you inadvertently transfer NFTs to a digital wallet that is not compatible with the Ethereum or Polygon Blockchain, the NFTs you own may be lost or destroyed.
4. The price of non-fungible tokens may be subject to fluctuation based upon broader industry trends and sentiment. Legislative and regulatory changes or actions at the state or international level may adversely affect the use, transfer, exchange, and value of non-fungible tokens. Unlike cryptocurrencies and other fungible digital assets, non-fungible tokens are not used to make payments. Non-fungible tokens are not mutually interchangeable and cannot be divided into smaller parts. These design features limit the usefulness of non-fungible tokens as a form of payment or substitute for currency. Instead, non-fungible tokens are enjoyed as digital collectibles.
5. There is no guaranteed future value for the NFTs. Any future value of the NFT is based solely on consumer interest and demand for that NFT and not something that Primsell or any Seller or other third party can control or will attempt to control or influence. We are not responsible for sustained losses due to vulnerability or any kind of failure, abnormal behavior of software (e.gwallet, smart contract), the applicable blockchain or other third party service or infrastructure, including Supported Wallets and Supported Wallet Providers, or any other features of the NFTs. We are not responsible for sustained losses due to late reports by developers or representatives (or no report at all) of any issues with the applicable blockchain supporting the NFTs including forks, technical node issues or any other issues having fund losses as a result.
6. The WebApp is subject to flaws and you acknowledge that you are solely responsible for evaluating any code provided by the WebApp. Primsell may experience cyber-attacks, unexpected surges in activity, or other operational or technical difficulties that may cause interruptions to or delays on the WebApp. You accept the risk of the WebApp failure resulting from unanticipated or heightened technical difficulties, including those resulting from sophisticated attacks, and you agree not to hold us accountable for any related losses.
7. You are solely responsible for any loss or damage resulting from your use of the WebApp or the Services, and Primsell shall not be held accountable. By accepting these Terms, you acknowledge and confirm that you understand and agree to assume all risks associated with the Services, absolving Primsell of any responsibility.
8. You also acknowledge and agree that Primsell does not offer investment advice services, and any communication between you and Primsell shall never be regarded as investment or financial advice. By utilizing the WebApp or the Services, you confirm and acknowledge that you possess enough knowledge, market expertise, and experience to determine the merits and risks of any transaction, and that you have obtained professional advice concerning it.
9. Primsel, its officers, directors, employees, agents, and any third-party service providers shall not be held liable to you or any other person or entity for any direct, indirect, incidental, special, punitive, or consequential losses or damages of any kind, including but not limited to those that may result from:
  - Inaccurate, incomplete, or inappropriate content of the WebApp, the Services or these Terms;
  - Inaccurate, incomplete, or inappropriate content of any linked sites (through hyperlinks, banner advertising, or otherwise) to the WebApp or the Services;
  - Personal injury or property damage of any nature whatsoever;
  - Third-party conduct of any nature whatsoever;
  - Any unauthorized access to or use of the servers and/or any and all content, personal information, financial information or other information and data stored therein;
  - Any interruption or cessation of the Services to or from the WebApp any linked sites (through hyperlinks, banner advertising, or otherwise) to the WebApp;
  - Any viruses, worms, bugs, trojan horses, or similar harmful software which may be transmitted to or from the WebApp or any linked sites (through hyperlinks, banner advertising, or otherwise) to the WebApp;
  - Any defamatory, harassing, abusive, harmful to minors or any protected class, pornographic, “x-rated,” obscene, or otherwise objectionable user-generated content or third-party content;
  - Any loss or damage incurred as a result of your use of the WebApp or the Services, whether based on warranty, contract, tort, or any other legal or equitable theory or doctrine, even if Primsell is advised of the possibility of such claims for damages.
10. You acknowledge and agree that any cause of action arising out of or alleged to arise out of or related to the WebApp or the Services must be commenced within one (1) year after the cause of action accrues or allegedly accrues; otherwise, such cause of action shall be permanently barred. Additionally, you acknowledge and agree that in no event shall Primsell’s total aggregate liability exceed the total amount paid by you for the particular services that are the subject of the cause of action.
11. The above limitation of liability applies to the fullest extent allowed by law and will survive any termination or expiration of these Terms or your use of this site or the services found at the WebApp.
Indemnification
1. You agree to protect, defend, indemnify and hold harmless Primsell, its officers, directors, employees, agents and third-party service providers from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable attorneys’ fees) imposed upon or incurred by Primsell OÜ directly or indirectly arising from:
  - Your access to and use of the WebApp or the Services;
  - Your non-compliance with any provision of these Terms or the policies or agreements which are incorporated herein; and/or
  - Your violation of any third-party right, including without limitation any intellectual property or other proprietary right.
2. The indemnification obligations under this section shall continue to be valid even after the termination or expiration of these Terms or your use of the WebApp or the Services.
3. If you have a dispute with one or more Users, you release us and our affiliates (and each of our and their direct and indirect affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release, you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
Amendments
1. Primsell may modify these Terms at any time, including due to legal and regulatory changes, security reasons, or changes to the Services. Primsell will inform you of any such modification by publishing a new version of these Terms on the relevant WebApp page or by emailing you, at our sole discretion, within a reasonable time after such modification is implemented.
2. If you disagree with any change to these Terms, your sole and exclusive remedy is to terminate your use of the Services and suspend the Seller’s Account. You are not entitled to any claim for damages as a result of any changes to these Terms.
Miscellaneous
1. These Terms constitute the entire agreement between you and Primsell regarding your use of the WebApp and the Services, and they supersede any and all prior agreements between you and Primsell relating to the subject matter hereof.
2. Primsell has the right to outsource any or all of the Services it provides under these Terms, including its services or any one or more of them, to third parties without providing any notice to you.
3. If any provision of these Terms a is deemed invalid, unlawful or unenforceable to any extent by a competent authority, such provision shall be severed from the remaining provisions, which shall remain valid to the fullest extent permitted by law.
4. The rights and remedies provided under these Terms are cumulative and not exclusive of those provided by law. Primsell is under no obligation to exercise any right or remedy at all, or in a manner or time beneficial to you. Failure by Primsell to exercise or delay in exercising any of its rights under these Terms, or failure to insist on strict performance of any of your obligations, shall not be considered a waiver of those or any other rights or remedies or relieve you from compliance with such obligations. Primsell’s waiver of any default shall not constitute a waiver of any subsequent default.
5. Primsell reserves the right to transfer, assign, sublicense, or pledge these Terms, in whole or in part, to any person without providing any notice to you. You may not assign, sublicense, pledge, or otherwise transfer any of your rights or obligations under these Terms and Conditions in any manner whatsoever.

We hope these Terms and Conditions helped you to understand how the WebApp and Primsell Services are operated. Should you have anything to tell us, e-mail us at contact@primsell.com. We will be happy to receive any information or comment from you to make our WebApp better for our users.

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