Legal

Terms of Service

Effective date: November 12, 2026 · Last updated: November 12, 2026

These Terms of Service ("Terms") are an agreement between you and ATAMIN International Trading Corporation, a United States corporation doing business as OFTOPUS ("OFTOPUS", "we", "us", "our"). They govern your use of oftopus.com, the Profit & Waste report (including the free summary), the client portal and our paid management services (the "Services"). By creating an account, connecting an Amazon account, or using the Services, you agree to these Terms on behalf of yourself and the business you represent ("you", "Client").

1. The Services

OFTOPUS helps brands that sell on the Amazon US marketplace manage profit, advertising and inventory. The Services include:

• Profit & Waste report: after you connect your Amazon accounts, we show you a free summary: about how much ad spend did not lead to orders, and how many issues we found. For a one-time fee, we generate the full report on ad spend that did not lead to orders, profit per product, and inventory cover, with suggested actions you can take yourself.
• Paid management: if you sign up for a paid plan, we monitor your account, propose actions on advertising (campaigns, bids, budgets, keywords) and inventory planning, and carry out the actions you approve.

The specific scope of a paid plan is described at signup or in your order form. If an order form conflicts with these Terms, the order form controls for that plan.

2. Eligibility and accounts

• You must be at least 18 and able to enter a binding contract, and you must use the Services for business purposes.
• You must be the owner of the Amazon seller and advertising accounts you connect, or be authorized by the owner to connect them and to accept these Terms.
• You agree to give accurate information and keep it current, keep your login secure, and tell us promptly about any unauthorized use. You are responsible for activity under your account, including approvals given by teammates you add.

3. The Profit & Waste report

• Free summary: once every 90 days per business. This applies no matter how many OFTOPUS accounts, email addresses or devices are used.
• Full report: a one-time fee of US $99.99, or US $49.99 for clients with an active paid subscription, shown at checkout before you pay.
• Agencies or consultants who manage several Amazon seller accounts may receive the free summary for one Amazon seller account per user; additional accounts require the paid report or a paid plan.
• Getting the free summary or buying the report does not sign you up for a paid plan or create any further payment obligation.
• We may refuse or withdraw a free summary if we reasonably believe the rules above, or the Acceptable use section, are being avoided.

4. Amazon access

• You grant us access through Amazon's own authorization pages for the Selling Partner API and Amazon Ads API. We never ask for or store your Amazon password.
• You authorize us to read the data covered by that authorization and, for paid plans, to make the changes you approve through those APIs.
• You can revoke access at any time in Seller Central, in your Amazon Ads account, or in the portal. Revoking access stops the Services that depend on it.
• Amazon is not a party to these Terms. OFTOPUS is not affiliated with or endorsed by Amazon. Amazon, Seller Central and Amazon Ads are trademarks of Amazon.com, Inc. or its affiliates.

5. You stay in control

• You decide what we may do alone. On Self-serve, we change nothing in your Amazon account unless you (or a teammate you authorized) approve that specific action in the portal. On Managed, we act only inside the written limits you set in the order form (for example, maximum change size, monthly ad budget cap, products we never touch); anything outside those limits, any campaign structure change and any hero product still needs your approval. Each action shows what changed and why, every change is logged in your portal, and you can lower your limits or switch off automatic actions at any time.
• After an approved action is carried out, we read the result back from Amazon and record it in your portal history.
• We never edit your listings or content. We do not change product titles, bullet points, descriptions, images, A+ content, brand content or product details. We may suggest improvements in the portal; whether to use them, and making any listing change, is entirely up to you.
• Inventory and restock recommendations are suggestions only. Purchase orders, quantities and shipments are your decisions.

6. Your responsibilities

• Your Amazon account. You remain responsible for your Amazon seller and advertising accounts, including compliance with Amazon's policies, account health, listings, product compliance, inventory and customer service.
• Your ad spend. Advertising costs are billed by Amazon directly to you and are your responsibility. Our fees do not include ad spend, and we do not take a percentage of your ad spend.
• Your inputs. Recommendations depend on the information you give us, such as product costs and lead times. You are responsible for its accuracy.
• Reviewing approvals. Please review each proposed action before approving it. Approval means you accept the change.

7. No guarantee of results

Amazon sales and advertising results depend on many things outside our control, including demand, competition, pricing, product quality, reviews, inventory and Amazon's systems and policies. We do not guarantee any level of sales, profit, savings, ranking or advertising performance. Reports and estimates are based on past data and are informational, not promises of future results.

8. Fees and payment

• The free summary is free. The full report is a one-time US $99.99, or US $49.99 for clients with an active paid subscription.
• Subscription plans (Self-serve, Managed and Premium Managed) have a fixed monthly fee set by your average monthly Amazon sales over the previous 3 months, according to the price table on our website at the time you subscribe. The fee is not a commission and is not based on your ad spend. We review your band each quarter; if it changes, we tell you at least 30 days before the new fee applies.
• Automatic renewal. Subscriptions are billed monthly in advance and renew automatically each month at the then-current fee until you cancel. You can cancel at any time in your portal or by emailing account@oftopus.com. Cancellation takes effect at the end of the month you have already paid for; the Services continue until then and you are not charged again. We send a receipt for every charge.
• Launch price. If you subscribe during our launch period, your monthly fee for your band will not increase for 12 months from your subscription date. After that, we may change fees no more than once a year, by no more than 25%, with at least 30 days' notice, and you may cancel before the change takes effect.
• The 30-day Cleanup is a one-time fee based on the size of your account, shown to you before you pay. If you start a Managed or Premium Managed plan within 30 days after your Cleanup ends, 50% of the Cleanup fee you paid is credited against your first invoice for that plan.
• Fees for paid plans are as shown at signup or in your order form.
• All fees are in US dollars. You may pay by card or ACH bank debit through Stripe, or by bank wire. We do not add card surcharges. Wire transfer fees charged by your bank or intermediary banks are borne by you.
• Fees exclude taxes. You are responsible for applicable sales, use, withholding or similar taxes, other than taxes on our income.
• Unless your order form says otherwise, fees are due in advance each billing period. If a payment is overdue by 15 days, we may pause the Services after notice to you.
• Fees already paid are non-refundable except as stated in Section 10A or required by law. We do not give refunds for partial months.

9. Term and cancellation

• These Terms apply from the moment you first use the Services until your account is closed.
• Paid plans: no minimum term. Subscriptions run month to month until cancelled as described in Section 8. The 30-day Cleanup runs for 30 days from the start date.
• You may close a free account at any time.
• We may suspend or end your access if you materially breach these Terms and do not fix the breach within 15 days of notice, immediately if required by law or by Amazon, or if continuing would put other users or our systems at risk.
• When the Services end, we stop all scheduled activity, revoke our Amazon access, and delete your Amazon data as described in our Privacy Policy. Fees owed for the period before cancellation remain payable.

10. Data and privacy

Our Privacy Policy explains how we collect, use, protect, keep and delete information, including data received from Amazon. It forms part of these Terms. In short: we use your Amazon data only to provide the Services to you, we do not request buyer personal information, we do not sell your data or share it for unrelated purposes, and we delete it when you disconnect or leave, within the period stated in the Privacy Policy.

Your data remains yours. You give us a limited permission to process it only as needed to provide the Services to you.

10A. Client Data Pledge

This Section is a binding commitment to you, and it also protects us from claims that are not real. Both sides agree to it.

OFTOPUS is operated by ATAMIN International Trading Corporation, which also sells its own brands on Amazon. Your Client Data is kept separate and is never used for those brands.

We may serve several clients that sell in the same category. Nothing in this Section or these Terms limits the number of clients we serve in any category.

(a) Definitions

• Client Data means data we receive through the Amazon access you authorize (Selling Partner API and Amazon Ads API) and information you give us about your business, products and category, including but not limited to costs, lead times, minimum order quantities, seasonality, supply chain, manufacturing, shipping, goals and limits.
• Client Data does not include: information that is public (for example, listings, prices and rankings anyone can see on Amazon); information we already had or receive lawfully from another source without restriction; and information we develop independently without using Client Data.

(b) Our commitments

1. Your data serves only you. We will not use Client Data for any other client, to train or improve our engine for any other client, for any brand we own or operate, or to evaluate your brand for purchase.
2. We do not sell or share Client Data with anyone, and we never show your data, individually or combined with others, anonymized or not, to anyone else, except to the service providers listed in our Privacy Policy who process it for us under contract.
3. You can see every access. We keep a tamper-evident access log (each entry records who or which automated agent, when, what data and the stated purpose). Your portal shows it, and you may export it at any time.
4. We delete Client Data when you leave, within 30 days of cancellation or disconnection, and confirm it in writing. We may keep only records the law requires us to keep.

(c) How a breach is proven

• A claim must be made in writing with the evidence it relies on. Overlap in category, timing or idea is not, by itself, evidence that we used Client Data.
• For any commitment above, you must show by clear and convincing evidence that we actually used Client Data in the way claimed. The access log, our systems and any independent review are the main evidence.
• Within 30 days of a claim we will give you the relevant access logs. If we still disagree, an independent forensic examiner chosen by both sides reviews the evidence. The losing side pays the examiner. If the examiner cannot settle it, the dispute goes to the forum in Section 16.
• A claim must be brought within 12 months after you knew or should have known of it, and no later than 24 months after the term ends.

(d) If we break the pledge

Once a breach is finally decided under (c):

• you may terminate immediately, without notice; and
• we will refund the full amount of all fees you have paid us since the start of our relationship.

This refund is our total liability for any breach of this Section. You may also seek an injunction at any time to stop an ongoing breach, and we agree not to argue that money damages would be an adequate remedy.

(e) Claims made in bad faith

If a claim under this Section is finally decided under (c) to have been made in bad faith (for example, knowingly false, based on fabricated or altered evidence, or made to obtain a refund or payment that is not owed), the client who made it will:

• return any refund or payment received because of the claim; and
• pay our reasonable legal, investigation and forensic costs.

A claim that is made honestly on reasonable grounds but is not proven is not in bad faith, and only the examiner cost rule in (c) applies.

(f) Relationship to other terms

The limitation of liability in Section 14 does not reduce the refund owed under (d) or the amounts owed under (e). If any part of this Section is found unenforceable, it will be enforced to the maximum extent allowed and the rest stays in effect.

10B. Acquisition inquiries (opt-in only)

We never use data received through your Amazon authorization to evaluate your brand for purchase. If you turn on "Open to acquisition inquiries" in your settings, we may contact you about potential buyers. It is off by default and is not required to use any OFTOPUS plan.

Any assessment uses only the business information you choose to share with us separately for that purpose. A potential buyer may be OFTOPUS, ATAMIN International Trading Corporation, or a company we work with. We will always tell you who the interested party is before any conversation starts, and we will never share your information with a third party without your separate written approval for that specific party. You can turn this off at any time; when you do, we stop using that information for this purpose and delete any assessment within 30 days.

11. Acceptable use

You agree not to:

• connect an Amazon account you are not authorized to connect, or use the Services to violate Amazon's policies or any law;
• create multiple accounts, use false information, or use other methods to get the free summary more often than allowed for an Amazon seller account;
• use automated scripts or bots to sign up or access the Services, or try to get around our security or bot protection;
• probe, scan, overload or interfere with the Services, or try to access other clients' data;
• copy, resell, or build a competing product from the Services or reports, or reverse engineer any part of the Services except where the law allows; or
• upload malicious code or unlawful content.

12. Ownership

We own the Services, our software, report formats, methods and brand. You own your business data and your Amazon data. Subject to these Terms, you may use reports we provide for your internal business purposes. If you send us suggestions about the Services, we may use them without obligation to you.

13. Disclaimers

Except as expressly stated in these Terms, the Services are provided "as is" and "as available". To the fullest extent permitted by law, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose and non-infringement. We do not warrant that the Services will be uninterrupted or error-free, or that Amazon's APIs or data will be available, complete or accurate.

14. Limitation of liability

To the fullest extent permitted by law:

• We are not liable for advertising performance, including ad spend, cost per click, sales, ranking or profit outcomes, whether or not an action was proposed or carried out by us after your approval.
• We are not liable for actions or decisions by Amazon, including account warnings, suspensions or deactivations, listing removals, policy changes, fee changes, data errors, reporting delays, or API outages or limits.
• We are not liable for losses caused by inaccurate information you provide, actions you approve, or changes made by you or others outside the Services.
• Neither party is liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, data or goodwill.
• Except for amounts owed under Section 10A(d), our total liability for all claims relating to the Services is limited to the fees you paid us in the 12 months before the event giving rise to the claim. For free users, our total liability is limited to US $100.

Some jurisdictions do not allow certain limitations, so some of these may not apply to you. Nothing in these Terms limits liability for fraud, gross negligence or willful misconduct.

15. Indemnity

You will defend and indemnify us against third-party claims arising from your products, your listings, your Amazon account, your breach of these Terms, or your violation of law or of Amazon's policies, except to the extent caused by our own breach of these Terms.

16. Governing law and disputes

These Terms are governed by the laws of the State of California, without regard to conflict-of-law rules. Any dispute will be brought exclusively in the state or federal courts located in Orange County, California, and both parties consent to that jurisdiction.

17. Changes

We may update these Terms. For material changes we will notify account holders by email or in the portal at least 30 days before they take effect. Continuing to use the Services after that means you accept the updated Terms. Changes do not alter fees agreed in an existing order form until its renewal.

18. General

• These Terms, the Privacy Policy and any order form are the entire agreement between us about the Services.
• If any part is unenforceable, the rest remains in effect. Not enforcing a right is not a waiver.
• You may not assign these Terms without our consent; we may assign them in a merger, acquisition or sale of assets with notice to you.
• Neither party is responsible for delays caused by events beyond its reasonable control.
• We are independent contractors; nothing here creates a partnership, employment or agency relationship.
• Notices to you may be sent to your account email or shown in the portal. Notices to us go to the contact below.

19. Contact

ATAMIN International Trading Corporation, d/b/a OFTOPUS
Email: account@oftopus.com
Mail: 7545 Irvine Center Dr, Ste 200, Irvine, CA 92618-4357, United States