Legal

Terms of Service

The agreement between you and ELMS: what the service does, how credits and plans work, what we expect from you as a seller, and what happens when an account is suspended or ends.

  • Last updated
  • Version 2.6

The short version

  • ELMS is built for people who sell for business. You are the seller and you are responsible for your listings, orders and messages.
  • You authorise ELMS to carry out the actions you set up or request on your connected accounts. Many automatic ones are switches you can turn off.
  • Credits pay for actions. Credits come back when an action fails.
  • You keep your content and give ELMS a licence to use it as these Terms describe. You confirm that you have the right to use what you import. Read the details.
  • We may suspend or end an account that breaks these Terms. A suspension can be appealed. A permanent ban is final.

Agreement and acceptance

In brief

These Terms are the agreement between you and ELMS. You accept them when you create an account or use ELMS. ELMS is built for people who sell for business, and you must be at least 18 years old.

Who is who

ELMS (“we”, “us”, “our”) provides the ELMS service. “The service” means the ELMS website, the ELMS app, the ELMS Order Sync browser extension and the e-mails we send you. “You” means the person who creates the account and, if you use ELMS for a company, that company. A “marketplace” is a selling platform you connect to ELMS, such as eBay. A “supplier platform” is a site you import product information from, such as Amazon.

What the agreement includes

These Terms, the Refund Policy and the Privacy Policy form one agreement between you and us. If you use or share a referral code, or join the affiliate programme, the Affiliate Terms are part of it too. The page on copyright and content complaints explains how rights owners contact us.

If the Affiliate Terms differ from these Terms about a programme, the Affiliate Terms decide. About refunds, the Refund Policy decides.

The “In brief” boxes are short summaries to help you read. If a box and the text under it differ, the text decides.

How you accept

You accept these Terms when you tick the box at sign-up, when you continue with a sign-in provider you choose, or when you first use ELMS, whichever comes first. If you do not agree, do not use ELMS.

Who may use ELMS

ELMS is built for people who sell for business. You must be at least 18 years old and able to enter a binding contract where you live. If you accept these Terms for a company, you confirm that you have the authority to bind it. You must not use ELMS if the law bars you from doing so, including under sanctions or export rules.

If the law treats you as a consumer anyway, nothing in these Terms removes the rights you have by law, and the Refund Policy says how to use them.

The service

In brief

ELMS is a set of tools for turning supplier products into eBay listings and managing them. You stay the seller. You authorise ELMS to carry out the actions you set up or request on your connected accounts, including automatic ones. Many automatic features are switches you control.

What ELMS does

ELMS brings product information from supplier platforms you choose, mainly Amazon, into drafts. You can edit and improve the drafts, publish them to your eBay store, keep live listings up to date, follow orders and tracking, answer buyers and see the profit on your orders. You work in the web app. The user guide describes each feature.

What you authorise ELMS to do

You authorise ELMS to carry out, on your connected accounts, the actions you set up or request, including automatic ones. ELMS acts only through the access you give it and only on the stores and accounts you connect. For example, ELMS may:

  • publish a draft at the time you chose, and try again when a publish fails;
  • end a listing, or change its price or its quantity, when stock and price monitoring calls for it (see Stock and price monitoring);
  • change many listings at once with a bulk tool that you start;
  • send a buyer message or a reply for you, when you turn automatic messages or automatic replies on;
  • bring orders, tracking, messages and listing details from the marketplace into ELMS, and send tracking details and order notes back to it.

You remain the seller and you are responsible for every listing, order and message that results. Many automatic features are switches that you can turn off. Stock and price monitoring starts on for each listing that has a source link, and you can switch it off listing by listing. ELMS does not undo a change it has already made on a marketplace. To reverse it, change it back yourself; to stop it happening again, switch the feature off.

AI help

ELMS uses AI services to help write and improve titles, descriptions, item details and message drafts. You decide what is published or sent: you review drafts before they go live, bulk actions ask you to confirm first, and automatic replies stay off until you turn them on.

AI output can be wrong, incomplete or too close to other text. Read it before you publish or send it, and check names, claims and brand words.

Some steps use AI output without a separate review of each result:

  • an AI tool that you start on live listings saves its result to eBay when you confirm it, so check your selection before you confirm;
  • when you publish a draft that has no eBay category, ELMS can pick one for it with the help of AI; and
  • automatic replies send a drafted reply on their own. They stay off until you turn them on.

The AI services we use process the text they are asked to work on, which can include a buyer’s message when you turn on reply help or automatic replies. The Privacy Policy explains how.

Stock and price monitoring

ELMS can watch the source products of your listings: when the source clearly says a product is out of stock, ELMS can end the listing for you, and when the source price changes it can update your eBay price to follow it. Both are switches you control per listing.

Monitoring starts on for each listing that has a source link. Stock monitoring can also set the quantity of a monitored listing. Switch it off on a listing to set the quantity yourself.

Monitoring uses information from the source site, which can be late, missing or wrong. A monitoring result is not a promise that a product is in stock or that a price is right.

The browser extension

The ELMS order helper extension (ELMS Order Sync) for Chrome works on Amazon pages, in your own browser. It shows the delivery details of one of your orders so that you can copy them yourself. It does not read the content of the Amazon page (it only looks at the web address of the page, to know the tab was opened from your order). It has a window of its own in which you can mark the order as ordered: the delivery date and the buying price that you type there are saved on the ELMS order when you press the button, just as when you mark the order in ELMS. Older versions of the extension that tried to save an order total from the page are refused by ELMS. It does not click or type for you on Amazon. It works with a personal extension key that you find in Settings. Keep the key private, like a password: anyone who has it can use your account through the extension. You can create a new key at any time, and the old key stops working at once. The Privacy Policy describes the data the extension uses.

Support

You can contact support from Support in the app, or by e-mail (see Contact). The first reply to a ticket, from the app or from an e-mail to support, may be written with the help of an AI service. A person handles serious matters, money questions and appeals: messages that look like they are about refunds, payments, security, privacy, legal matters or access to your account are passed to a person, and appeals are read only by people. We do not promise a response time.

Changes to the service

We may add, change, pause or remove features of the service, for example when a marketplace or a supplier changes how it works. Where a change matters to you, we will tell you in the app or by e-mail.

Your account and connected stores

In brief

Keep your sign-in details private and your information accurate. Connect only stores you own or are allowed to manage. You can disconnect a store, or ask us to delete your account, at any time.

Your account

Give us accurate information when you sign up and keep it up to date, including your e-mail address and phone number. If you sign in through a sign-in provider you choose, that provider’s own terms apply to your account with it.

Keep your password and your extension key private. You are responsible for everything done under your account, including by people you let use it. If you think someone else has used your account, write to support@elmstool.com straight away.

Use one account for yourself or your business. Do not create more accounts to collect free credits or to get around a limit, a suspension or a ban.

Connecting stores

Connect only stores you own or are authorised to manage. You connect a store on the marketplace’s own consent screen, and ELMS does not see your marketplace password. The connection lets ELMS act on that store as these Terms describe. The number of eBay stores you can connect depends on your account and your plan.

You can withdraw the connection at any time, by disconnecting the store in ELMS or on the marketplace. A marketplace can also end the connection itself, and ELMS then asks you to reconnect.

When you disconnect a store, ELMS hides it and its data and removes the data after a period, except your drafts. We e-mail you before that happens. The Privacy Policy gives the periods. Listings already live on eBay are not changed.

Deleting your account

To delete your account, send a request through Support in the app, or write to support@elmstool.com from the e-mail address of the account. We may ask you to confirm that the request is yours. We then e-mail you the date on which the deletion will happen. If you sign in before that date, the deletion is cancelled.

Deleting an account ends your access and removes your drafts, listings, imports, orders, messages, notes, tracking pages, support tickets and store connections from ELMS. We keep the records we need for accounting and payouts: your purchases and invoices, with your name and e-mail address, and referral and affiliate records. We may also keep a record of a suspension or ban, and a one-way record of the account, so that a deleted account cannot be used to claim promotional credits again. The Privacy Policy lists everything we keep after a deletion, including ban records. ELMS does not end listings that are live on eBay when an account is deleted. Unused credits are lost. If your payment method renews your plan, deleting the account does not stop the renewal, so stop it first (the Refund Policy explains how).

If we delete an account

We may also delete an account on our own decision. We e-mail you first and name the date. If you sign in before that date, the deletion is cancelled.

Your listings, marketplace rules and acceptable use

In brief

You are the seller. You are responsible for what you list, send and sell, and for following the law and the rules of the marketplaces and suppliers you use. The checks and the AI help in ELMS are aids. They do not clear a listing.

You are the seller

You decide what to list, at what price and with what description. You are the seller to your buyers. ELMS is not a party to a sale between you and a buyer, and it is not your agent or your supplier.

You are responsible for fulfilling every order: buying the item from your supplier, shipping it, tracking it, handling returns, refunds and complaints, and answering your buyers. You are also responsible for taxes, customs, consumer law, product safety and any licence your business needs.

Marketplace and supplier rules

You must follow the rules of every marketplace and supplier platform you use with ELMS. That includes eBay’s user agreement and policies, its rules on prohibited and restricted items, brand-rights programmes, reselling, handling times, returns and buyer messages, and the conditions of the supplier sites you import from.

Reselling items you buy from a supplier (“dropshipping”) is allowed on some marketplaces only under conditions. Check that your business model is allowed. ELMS does not check this for you. A marketplace or a supplier can restrict or end your account whatever you do in ELMS, and that decision is theirs.

Prohibited items and brand rights

Do not list an item that you may not sell, a counterfeit or infringing item, or an item that a marketplace prohibits. Do not use a brand, a character, a picture or a text that you have no right to use. Taking a brand word out of a listing, with ELMS or by hand, does not give you the right to sell a branded item. When you use the ELMS tool that takes brand words out of the text, it asks you to confirm this each time, and we keep the time of the last confirmation.

ELMS has a brand-word (VeRO) check and a prohibited-items stop. They can warn you, or stop a draft before it reaches the marketplace. They are aids that help you check. They can miss a problem, and they can flag something that is fine. A missing warning does not confirm that an item or a word is allowed, and a warning is not a ruling. You decide what to publish.

Content you import

Product text and pictures on supplier pages usually belong to someone else. When you import them, you decide whether you may use them in your listings, and you change or replace whatever you may not use. ELMS asks you to confirm this once, in a window in the app, and we keep the date and the wording you saw. If a rights owner contacts us about your content, we may remove it and tell you, as the page on copyright and content complaints describes.

Prices, estimates and other results

Prices set by your pricing rule, profit and fee figures, and every other result in ELMS are estimates. They come from the numbers you enter and from information supplied by third parties, and they can be wrong. Check them before you publish, change a price or rely on them. ELMS does not give tax, legal or financial advice.

AI output is a draft. Text that an AI service helped write is yours to check: you are responsible for what you publish or send.

Messages to your buyers

A message that ELMS sends for you, such as an automatic buyer message or a reply you turned on, is a message from you. Read the wording of an automatic message before you switch it on, and again from time to time. Follow the marketplace’s rules for contacting buyers. Do not send spam, misleading messages or abuse, and do not use ELMS to move a buyer away from the marketplace against its rules.

What you must not do

You must not:

  • list an item you may not sell, a counterfeit or infringing item, or a misleading or false listing, or use brand names, characters, pictures or text that you have no right to use;
  • send spam or misleading messages, harass buyers, or misuse buyer data;
  • abuse, overload, scrape, copy or reverse engineer ELMS or the services it connects to, or reach ELMS in any way other than through the app and the extension we provide;
  • share your account or your extension key, or sell or rent access to ELMS;
  • create more than one account to collect free or promotional credits, or to get around a limit, a suspension, a permanent ban or a block;
  • obtain a refund, credit, discount or reward by deception or fraud, or abuse vouchers or referral rewards;
  • use ELMS to break the law, including sanctions and export rules; or
  • interfere with other users, with the security of ELMS or of a marketplace, or do anything else that puts our access to a marketplace or a supplier at risk.

If we find a breach, or reasonably suspect one, we may remove content from ELMS, limit features, and suspend or end the account. See Suspension, bans and ending. We also cooperate with authorities where the law requires.

Credits and plans

In brief

Credits pay for actions in ELMS. Credits come back if an action fails. A plan is paid for one term, and the credits that come with it end when the term ends. You can ask for a full refund within 7 days of a purchase. You do not need to give a reason. A refund is not possible if more than 5% of the credits that came with the purchase have been used.

How credits work

Credits are used when an action completes. If an action fails, the credits come back automatically. A plan is paid for one term; the credits that come with a plan are valid until the term ends, and we e-mail you before it ends. Credits you had before a plan are not affected.

In this section, a “term” is the period a plan runs for.

All your credits sit in one balance. Credits are a prepaid balance for using ELMS. They have no cash value, they cannot be transferred to another account, and they cannot be exchanged for money, except as the Refund Policy says.

Automatic features, such as stock and price monitoring, use credits when they run, like an action you start yourself. Monitoring starts on for each listing that has a source link and stays on until you switch it off. Credits that come back because an action failed are returned to your balance. They are not a refund of money. What an action costs can change for future actions.

Credits you use count towards the 5% limit for a refund, also those used by automatic features. The Refund Policy explains how credits you have used are counted and what happens to them when a refund is approved.

Plans and plan terms

A plan gives you a number of credits and a number of eBay stores you can connect. The plans, their prices and what each one includes are shown on the pricing page and in the app before you buy.

A plan is paid for one term. When the term ends, the credits that came with the plan end, and the number of stores you can connect goes back to what it was before the plan. Credits you had before the plan stay. We e-mail you before the term ends; the end date shown in your account is the one that counts. If you buy a plan while another one is running, the new plan’s credits are added at once, and the plan then runs for one more term after the current end date.

If your payment method renews your plan, you can stop the renewal before the renewal date; the Refund Policy explains how (Stopping a renewal).

Plans by listings

A plan by listings does not give credits. It sets how many of your listings can be live on eBay at once, how many new drafts you can create each month, and how often prices and stock are checked (included), and it can include tools such as bulk actions, more product sources, AI help and research tools. The plans, their prices and what each one includes are shown on the pricing page and in the app before you buy. While a plan by listings is running, your credits are not used, and the credits you hold stay.

A plan by listings is paid for one month or one year. If you reach a limit of your plan, the action does not run and the app tells you which limit it is; you can end or remove a listing, wait for the next month, or choose a bigger plan. When the term ends, everything keeps working for 7 more days; after that the limits of the plan end, and your listings on eBay, your drafts and your orders stay. If you buy a bigger plan while one is running, it starts at once and the days left on the smaller plan are added to it, counted by price.

A full refund is possible within 7 days of buying a plan by listings, unless 20 or more listings have been published with the plan; the Refund Policy explains how this is counted.

Free, welcome, voucher and referral credits

Credits that you receive without paying, such as welcome credits, voucher credits and referral rewards, are promotional. No money was paid for them, so they are not refunded. We set the rules for them, and we may limit, change or stop offering them. We may also withhold welcome credits, or take back credits that were obtained by abuse, for example when more than one account was created to collect them.

Prices, taxes and invoices

Prices are in US dollars and are shown before you pay. Taxes may be added at checkout where they apply. After each plan purchase we send you an invoice by e-mail. We may change prices and plans for future purchases. A change does not affect a purchase you have already made.

Listing packs and one-off services

We may sell listing packs and one-off services. What a pack or a service includes, and its price, is shown when you buy it. For a pack, delivery happens when it is added to your account. If you received less than you bought, write to support@elmstool.com. The Refund Policy applies the same 7-day rule to packs and services, with the 5% limit counted on what was delivered.

Check and edit everything you receive before you publish it. We do not promise that a listing will be accepted by a marketplace or that it will sell.

How you pay

Payments are handled by our payment partner. ELMS never sees your wallet details. You pay by card or with a digital wallet. If you cannot pay either way, write to support@elmstool.com and we will help you renew your plan.

For card payments the checkout is run by an authorised reseller that acts as the merchant of record. The reseller provides the checkout, takes the payment and the tax, and sends your receipt, and its checkout terms apply to the payment itself. It may also refund a payment on its own. These Terms and our Refund Policy still govern your use of ELMS and your credits.

Payment problems and chargebacks

If you think a payment is wrong, write to support@elmstool.com first. If you start a chargeback or a payment dispute, we may pause your account while it is open, and we may give the payment partner or the reseller the records it needs to answer, such as your purchases and your use of credits. If a payment is refunded, charged back or otherwise reversed, the credits, the plan, the term and any extra eBay store allowance that came with that purchase end, and we may take those credits back from your balance. We may end an account whose payments are reversed without a valid reason. This does not apply to a refund we approve under the Refund Policy.

Refunds

You can ask for a full refund within 7 days of a purchase. You do not need to give a reason. A refund is not possible if more than 5% of the credits that came with the purchase have been used.

The Refund Policy explains how the 7 days are counted, how credits you have used are counted, how to ask and what happens after a refund. Refunds under these Terms follow that policy.

Referral and affiliate programmes

In brief

ELMS may offer a referral discount and an affiliate programme. Their rules are in the Affiliate Terms. Rewards and commissions are set in the programme dashboard and can change.

Referral codes

ELMS may offer referral codes. If it does, every account has a code to share. A person who signs up with a code may get a discount on a purchase, and you may get a reward when that person makes their first paid plan purchase. We set the discounts and rewards. They can change or stop at any time, and they may apply only to some purchases or payment methods. If you use or share a referral code, or join the affiliate programme, the Affiliate Terms are part of it too.

The affiliate programme

ELMS may run an affiliate programme for people we approve. An approved affiliate can earn a commission on plan purchases made by the people they refer. The rules, including how a referral is credited, holds, reversals and payouts, are in the Affiliate Terms.

Fair use

Referring yourself, sending spam, promoting ELMS with misleading claims and offering rewards for sign-ups are not allowed. We may refuse, reverse or withdraw a discount, a reward or a commission, for example when the purchase is refunded or charged back, or when the rules were broken.

Content and licence

In brief

You keep your content. You give ELMS a licence to use it as described below. You confirm that you have the right to use what you import.

Your content

“Your content” is everything you enter, import, upload or create in ELMS: product titles, descriptions, bullet points, pictures, item details, prices, categories, notes, saved replies, the messages you write and settings. You keep the rights you have in it. Importing something from a supplier page does not make you its owner.

Licence

You keep ownership of the content you add to ELMS. You give ELMS a licence to store, process, display and adapt it, and to make it available to other users of ELMS as part of the service. Making content available to other users never covers your account details, orders, messages, notes, settings or buyer data. You confirm that you have the right to use what you import.

What you confirm about your content

You confirm that you have the right to use everything you import, upload and publish through ELMS, and to give the permissions in this section. You confirm that your content does not break the law or the rights of others. If it does, you are responsible. Text and pictures taken from supplier pages may belong to others, as Content you import explains.

ELMS’s own rights

ELMS, its software, design, name and logo belong to us or to our licensors. We give you a limited, personal, non-exclusive right to use ELMS under these Terms. You may not copy, sell or rent ELMS, reverse engineer it, or remove its notices. If you send us feedback or ideas, we may use them without paying you or naming you.

Third-party platforms

In brief

ELMS works through marketplaces, supplier platforms and data sources that we do not control. They can change, limit or block access, and what they tell us can be late or wrong. We do not promise that ELMS will be available at all times.

Marketplaces and suppliers

ELMS depends on eBay, on supplier platforms such as Amazon and on other data sources. They set their own rules, and they can change those rules, change their fees, change or close the access that ELMS uses, restrict your account or remove listings, at any time and without asking us. Those decisions are theirs. If one of them changes or stops access, a feature of ELMS can work differently or stop working. To the extent the law allows, we are not responsible for what they decide or do.

Data may be late or wrong

Prices, stock, shipping details, delivery dates, fees, orders and messages come from third parties. They can be late, incomplete or wrong. Check them before you rely on them, in particular before you publish, change a price or buy an item for a buyer.

Availability

We work to keep the service running, but we do not promise that it will be available at all times or free of errors. We may take it offline for maintenance, and third-party services can also be unavailable.

Privacy and buyer data

In brief

ELMS is responsible for your account data. For the buyer data inside your store, you decide how it is used and ELMS handles it for you. The Privacy Policy has the details, and a data processing addendum is available on request.

Your personal data

The Privacy Policy explains what we collect, why, who receives it, how long we keep it and what your rights are. For the data about you and your account, such as your sign-in details, billing records and support messages, ELMS decides why and how it is used, so ELMS is the controller of that data. We also use services from other companies to run ELMS, and the Privacy Policy describes them by category.

Buyer data in your store

Your marketplace shares data about your buyers and orders with you, such as names, addresses, phone numbers, e-mail addresses where given, order details and messages. For this buyer data, you decide why it is used, so you are the controller, and ELMS handles it for you as your processor. We use it only to run ELMS for you, to keep ELMS secure and to meet legal duties.

You are responsible for having a lawful basis to use buyer data and for any notice the law requires you to give to your buyers. Use buyer data only to fulfil orders and to talk to buyers about them, and follow the marketplace’s rules on buyer data. If you copy a buyer’s details to a supplier site or another tool, for example to have an item sent to the buyer, you do so on your own responsibility and only as far as the order needs.

A tracking link you share with a buyer can be opened by anyone who has it. The page shows a general delivery status.

Data processing addendum

If your business needs a data processing addendum for the buyer data in your store, write to support@elmstool.com with the subject “Privacy request” and ask for it.

Security

Passwords are stored as one-way hashes, eBay and supplier access tokens are stored encrypted, and data is encrypted in transit. No system is completely secure.

You help by keeping your password and your extension key private and by telling us quickly about anything unusual at support@elmstool.com. If a security problem affects your data, we tell you as the law requires. The Privacy Policy says more.

Suspension, bans and ending

In brief

You can stop using ELMS at any time. We may suspend or end an account for a breach of these Terms or when we are required to. A suspension can be appealed. A permanent ban is final. Unused credits may be forfeited where the law allows when an account is ended for a breach.

Ending by you

You can stop using ELMS at any time. You can disconnect your stores, and you can ask us to delete your account as described in Deleting your account.

When we may suspend or end an account

We may suspend, limit or end an account if you break these Terms, if you put ELMS, other users or our access to a marketplace or a supplier at risk, if a payment is reversed or disputed without a valid reason (other than a refund we approve under the Refund Policy), or if the law or a marketplace requires it. When we suspend or ban an account, we give a reason. You see it in the e-mail we send you and on the sign-in screen.

Suspension

  • A suspension is a block on your account. While it lasts you cannot sign in or use ELMS, your open sessions end, and listings that were scheduled to be published go back to drafts. Your drafts, listings and orders are kept. Suspending an account does not itself change anything that is already live on eBay, and automatic features, such as monitoring, may keep running.
  • We e-mail you when we suspend your account. The e-mail and the sign-in screen show the reason we gave.
  • You can appeal. Try to sign in. The blocked screen has an appeal form. Enter the e-mail address of your account and tell us what happened. A person on our team reads every appeal and answers by e-mail. An appeal does not lift a suspension by itself. We decide at our own discretion.

Permanent ban

  • For serious or repeated breaches, fraud, or risk to other people, we may ban an account permanently. We e-mail you when we do, and the e-mail and the sign-in screen show the reason.
  • A permanent ban is final. The appeal form is not available for it. We may still reinstate an account at our own discretion. If we do, we tell you by e-mail.

Blocked networks and browsers

We may block an IP address or a browser that is used for abuse. When we do, accounts that were already using that connection and that we do not accuse of anything can keep using ELMS. Other sign-ins from a blocked address or browser, including new accounts, are refused. If you are blocked, the blocked screen explains why and lets you send an appeal.

Getting around a suspension, ban or block

Creating a new account, or using another connection, to get around a suspension, a permanent ban or a block is a breach of these Terms. It can lead to a permanent ban of every account involved.

Credits when an account ends

Unused credits may be forfeited, where the law allows, when an account is ended for a breach of these Terms. If you delete your account yourself, unused credits are lost. Refunds follow the Refund Policy.

E-mails about your account

We send e-mails about a suspension, a permanent ban, a reinstatement and the answer to an appeal to the address of your account. These are service e-mails, not marketing, so they are sent even if you switched off news and offers. The Privacy Policy explains how we use this data.

What continues after an account ends

Ending an account does not cancel what you already owe. The parts of these Terms that by their nature continue stay in force, such as the licence in Content and licence, the limits on our liability, the indemnity and the governing law. We handle your data after the end as the Privacy Policy describes.

No guarantees

As is

To the extent the law allows, ELMS and everything in it are provided “as is” and “as available”, without warranties of any kind, whether express or implied, including any warranty of fitness for a particular purpose or of non-infringement.

No promise of results

We do not promise that:

  • a listing will be accepted, stay live or sell;
  • you will make sales, profit or a better ranking;
  • a product is in stock, or that a price, a fee or a delivery date is right;
  • a check or a warning will catch every problem, or that AI output is accurate or allowed on a marketplace;
  • a marketplace or a supplier will let you keep using ELMS or will not restrict your account; or
  • ELMS will work without interruption or errors.

Nothing in this section removes a warranty or a right that the law does not allow to be removed.

Limitation of liability

In brief

Our liability to you is limited to what you paid us in the 12 months before the claim. This does not limit anything the law does not allow us to limit.

What we are not liable for

To the extent the law allows, ELMS is not liable for:

  • indirect or consequential loss, lost profits or lost sales;
  • marketplace or supplier fees, or account restrictions imposed by a marketplace or a supplier;
  • refunds, returns or claims between you and your buyers;
  • loss caused by third-party services or by information that third parties supply;
  • loss caused by actions you set up or left switched on, or by AI output that you published or sent without checking it; or
  • loss caused by events outside our reasonable control.

The limit

Our total liability for all claims connected with ELMS is limited to the amount you paid us in the 12 months before the claim arose.

What is not limited

Nothing in these Terms limits liability for fraud, for death or personal injury caused by negligence, or for anything else that the law does not allow to be limited.

Indemnity

What you cover

If you use ELMS for business, and to the extent the law allows, you will defend ELMS against a claim by a third party, and pay the resulting losses, costs and reasonable legal fees, where the claim comes from your listings, products, content or sales, from your breach of these Terms or of the law, from your use of buyer data, or from the rights of others in what you import or publish.

We will tell you about the claim promptly and let you take over its defence. We will help you at your cost. You may not settle a claim in a way that binds us without our written consent.

Governing law and disputes

Governing law

These Terms are governed by the law that applies to the ELMS business, except that mandatory consumer law of your country always applies where it gives you a right that cannot be waived.

Resolving a problem

Before you start a formal proceeding, write to support@elmstool.com, describe the problem and say what outcome you want. Give us 30 days to try to resolve it. We will answer in writing. If we cannot resolve it, either of us may take it to the courts that have authority under the governing law.

This does not stop you from going to a court or to an authority where the law gives you that right, or from asking a court for urgent help.

Changes to the Terms

How we change them

We may update these Terms. The date and the version at the top of the page show which text is current. When a change is material, we give you notice by e-mail to the address of your account or in the app before the change applies. We may change the Terms without prior notice where the law or a marketplace requires it.

If your account was opened before October 11, 2026, Version 2.0 applies to you from the date we notify you of it, by e-mail or in the app. Version 2.1 (October 16, 2026) only changes the refund wording, in your favour, and applies to every account from that day. Version 2.2 (October 17, 2026) adds the content-rights confirmation and the notice for removing brand words; it applies to you from the day the app shows you that window. Version 2.3 (October 19, 2026) only changes where to write: support@elmstool.com now also answers refunds, invoices, payments and security reports, and billing@elmstool.com and security@elmstool.com are no longer used. It applies to every account from that day. Version 2.4 (October 20, 2026) changes the refund rule: a full refund within 7 days of a purchase (it was 14 days), and not possible if more than 5% of the credits that came with the purchase have been used. It applies to purchases confirmed on or after that day (UTC). A purchase confirmed before keeps a full refund within 14 days, whether or not credits were used. Version 2.5 (October 20, 2026) says that you can pay by card as well as with a digital wallet, and that the company that runs the card checkout may refund a payment on its own; it changes nothing else. Version 2.6 (October 22, 2026) adds the section on plans by listings; it applies from the day the first plan by listings is sold, and changes nothing for the credits plans.

If you do not agree

If you do not agree to a change, stop using ELMS before it applies and, if you wish, ask us to delete your account. Refunds follow the Refund Policy. If you keep using ELMS after a change applies, you accept the new Terms.

Trademarks

ELMS is an independent product. It is not affiliated with, endorsed, sponsored or approved by eBay Inc., Amazon.com, Inc., or any other marketplace or supplier named. eBay, Amazon and other product and company names are trademarks of their respective owners and are used only to describe compatibility.

The owner of a trademark who believes ELMS content breaks its rights can write to us as the page on copyright and content complaints explains.

General

Entire agreement

These Terms, together with the documents listed in What the agreement includes, are the whole agreement between you and us about ELMS. They replace earlier versions and any earlier understanding about the same subject.

If a part is invalid or not enforced

If a part of these Terms is found to be invalid or unenforceable, the rest stays in force, and the invalid part is replaced by the closest valid one. If we do not enforce a right straight away, we have not given it up.

Assignment

You may not transfer your account or your rights under these Terms to anyone else without our written consent. We may transfer these Terms to a company that takes over the ELMS business.

Events beyond our control

Neither of us is liable for a delay or a failure caused by an event outside our reasonable control, such as an outage of a marketplace, a supplier or the internet, an act of government, war, a strike or a natural disaster. This does not excuse a payment that is due.

Notices

We give notices by e-mail to the address of your account, in the app or on this site, so keep your e-mail address up to date. A notice by e-mail counts as received when we send it, unless we learn that it did not arrive. You can give us notice at the address in Contact that fits the subject.

Language and other people

These Terms are written in English. If we give you a translation, the English text decides. Only you and ELMS have rights under these Terms. No one else can enforce them.

Contact

Use the address that fits your question. In the app, you can also open Support and send a ticket. See also the contact page.

ELMS mailboxes and what each one is for
MailboxUse it for
support@elmstool.comHelp with ELMS, account deletion requests, privacy requests (subject “Privacy request”), and notices from rights owners and other legal notices (subject “Legal notice”). Also refunds, invoices and payment problems, security reports and concerns about access to your account.
hello@elmstool.comGeneral questions.
noreply@elmstool.comSends the automatic e-mails, such as confirmation codes, receipts, invoices and security notices. Replies to it are not answered, so please write to one of the addresses above.

Please do not send passwords or card or wallet numbers by e-mail.