Supplyshark Subscription Terms of Service

This Subscription Terms of Service (the "Terms of Service") describes the terms pursuant to which Supplyshark offers you access to our Supplyshark services and tools (together "Services"). You are contracting with Supplyshark, Inc (individually and collectively referred to as "Supplyshark," "we," or "us"). By signing up for a Supplyshark subscription, you agree to all terms in this Terms of Service.

These Terms of Service are effective as of January 22, 2020.

1. Supplyshark Subscriptions

There are 4 subscription (“Subscription”) levels (or types):

• Supplier
• Pro
• Insider
• Enterprise

NOTE: Your use of these Services are subject to your Terms of Use and all applicable terms or policies on the Supplyshark site. All existing selling limits on your account (as well as category and item limits) may prevent you from creating the maximum number of listings associated with your particular Supplyshark subscription.

2. Subscription Durations

There is 1 subscription duration:

• Monthly subscription (subscription with a one month term that automatically renews monthly)

For subscriptions, “calendar month” as used in these terms shall mean the first of the month through the last day of the month. “Invoice month” as used in these terms shall mean the billable days included on a seller’s invoice (e.g. April 1 through April 30 or April 16 through May 15). “Subscription Start Date” shall mean the date your Subscription starts. “Mandatory Subscription Period” shall mean the period between the Subscription Start Date and the end of the first full calendar month of your current subscription.

All Subscription fees are included on your monthly invoice. The benefits described on the subscriptions page are allocated to each Subscription subscriber on a calendar month basis. Your unused benefits don’t carry over to the next calendar month and are reset at the beginning of each calendar month.

When you sign up for a monthly subscription for the first time:

• Your Subscription benefits start immediately. You receive all your benefits for the calendar month when you sign up, regardless of when you sign up. For example, if you sign up for a Subscription on May 22, you receive all benefits for May immediately.)
• Your first Supplyshark Subscription invoice includes:
  • The prorated subscription fee for the number of days from your Subscription Start Date to the first date of your next full invoice month (the “Prorated Period”) and
  • The subscription fee for the next full invoice month (the “First Full Invoice Month”). You’re billed

3. Subscription Renewals

Your Subscription is automatically renewed by the length of your subscription term, unless you cancel your subscription. A monthly subscription is automatically renewed each month until you cancel it. Such automatic renewal is continuous, and you will be billed for each continuous subscription term at the applicable rates, which are subject to change.

4. Cancelling Your Subscription

When canceling your Subscription:

• If you have a monthly subscription and you cancel your Store during the Mandatory Subscription Period:
  • You’re billed the current Subscription fees for the Mandatory Subscription Period.
  • You receive the current Subscription benefits for the Mandatory Subscription Period.
  • After the Mandatory Subscription Period, you pay standard fees for any new listings.
• If you have a monthly subscription and you cancel your Store after the Mandatory Subscription Period:
  • You’re billed the current Subscription fees for the entire calendar month during which you cancel.
  • You receive Subscription benefits corresponding to the current subscription until the end of the calendar month during which you cancel.
  • Starting the next calendar month, you pay standard fees for any new listings.
• Fees (excluding subscription fees) are based on the terms in effect when the listing goes live and when it renews.
• If you cancel a subscription that is not yet effective, no early termination fee is charged for that subscription.

5. Early Termination Fee

There’s no early termination fee for canceling a subscription

6. Changing Your Subscription

• Changing your Subscription level
• Changing your subscription duration

When upgrading your Subscription (changing your Subscription level to one with more benefits, or changing from a monthly subscription to a yearly subscription of the same subscription level):

• Fees for your current subscription for the current invoice month are prorated and the unused portion of your current subscription is credited back to you. Your upgraded subscription fee is also prorated for the current invoice month and your upgraded subscription is treated as a new subscription.
• Your benefits from the plan being canceled end immediately. (Any unused benefits from your previous subscription allotment don’t roll over.)
• You receive upgraded Subscription benefits immediately. You receive your full allotment of benefits for the new upgraded subscription immediately. Each calendar month thereafter, you receive the applicable allotment of benefits.
• Your upgraded Subscription Start Date and renewal date is reset based on the date you change your subscription.
• An early termination fee isn’t charged if you upgrade your Subscription with the same or higher subscription duration.

When downgrading your Subscription (changing your Subscription level to one with fewer benefits):

• If you have a monthly subscription and you downgrade your Subscription level during the Mandatory Subscription Period:
  • You’re billed at the current higher subscription fee rate for the Mandatory Subscription Period.
  • You receive the current higher subscription Subscription benefits for the Mandatory Subscription Period.
  • Your new downgraded subscription benefits are effective immediately after the Mandatory Subscription Period.
  • You’re billed at downgraded subscription fee rate immediately after the Mandatory Subscription Period.
• If you have a monthly subscription and downgrade your Subscription level after the Mandatory Subscription Period:
  • You’re billed at the current higher subscription fee rate for the calendar month during which you elect to downgrade.
  • You receive Subscription benefits corresponding to the current higher subscription until the end of the calendar month during which you elect to downgrade.
  • Your new downgraded subscription benefits are effective immediately after the calendar month during which you elect to downgrade.
  • You’re billed at the downgraded subscription fee rate immediately after the calendar month during which you elect to downgrade.

Notwithstanding any other provision in Section 4 or Section 6, Supplyshark shall have the right to cancel or downgrade a free Subscription effective immediately upon such cancellation or downgrade.

7. Fees

You agree to all seller fees (e.g. basic fees, optional fees, etc.) as well as fees for Supplyshark Subscription subscribers, which are stated on our Subscription Fees Page

8. Other Terms

• You are solely responsible for complying with Supplyshark’s Terms of Use, Supplyshark’s Privacy Policy, all applicable Supplyshark policies, and all applicable laws and regulations, including, without limitation, the Federal Trade Commission’s Guide Against Deceptive Pricing and any applicable local, state or federal consumer protection law.
• We may amend these Terms of Service terms at any time by posting the amended terms on www.Supplyshark.com. Our right to amend the Terms of Service includes the right to modify, add to, or remove terms. Except as stated otherwise in our User Agreement or elsewhere, all amended terms shall automatically be effective 30 days after they are initially posted.
• Supplyshark reserves the right, with or without notice, to substitute, replace, or remove Subscription features and functionality. In addition, Supplyshark may update select Subscription or its Subscription program generally at any time without notice, either on a temporary or permanent basis. Such update may include changes to the look and feel of the Subscription or the addition of new features or functionality.
• Supplyshark reserves the right to cancel your Subscription at any time or decline to renew your Subscription if you do not meet Supplyshark’s Subscription eligibility requirements.
• You acknowledge and agree that Supplyshark may, upon 30 days notice to you via email, change your Supplyshark Subscription level if you don’t meet Supplyshark's then-current applicable subscription requirements. If this occurs, you're billed as described above. Such change may increase or decrease the fees you pay SupplysharkSubscription.
• At any given time you can only have one active Subscription across all sites.
• All terms may change at any time in accordance with our User Agreement.
• These terms are in addition to any other applicable terms or policies on the Supplyshark site.