Last Modified: September 16, 2024
PLEASE READ THESE TERMS CAREFULLY.
The Eco Toreda Product Specific Terms are intended to highlight some of the important things about using our different Marketplace Services. The Product Specific Terms form part of the Eco Toreda Customer Terms of Service and are hereby incorporated therein.
If you are using any of the Marketplace Services described below, the terms corresponding to those product(s) apply to your use. We periodically update this page by posting a revised copy at https://ecotoreda.com/legal/product-specific-terms, so please check back here for current information.
1.1 Eco Toreda Marketplace Fees
The Eco Toreda Marketplace is one of our Free Services. As such, there are no Fees associated with your use of the Eco Toreda B2B Marketplace.
While there’s no charge for the Eco Toreda B2B Marketplace, you will be charged for ancillary services that are part of the Marketplace Services (e.g. certification, fulfillment and shipping). For more information on these fees, please refer to our Product and Services Catalog available at https://ecotoreda.com/en-product-and-services-catalog. If you use the Eco Toreda B2B Marketplace or any other of our Free Services, we will make those services available to you free of charge until earlier of (a) the date on which your free subscription is terminated or (b) the start date of a paid subscription.
1.2 Quotation Limit
For the Eco Toreda B2B Marketplace, the Quote Request Limit is equal to a maximum of one hundred (100) per day (the "Eco Toreda Standard Quote Limit").
If you reach your Eco Toreda Standard Quote Limit, you will not be able to request any more quotes until the start of the next calendar month. Manual quote requests via Eco Toreda Account Managers will not be interrupted. You may request increasing your Eco Toreda Standard Quote Limit via your Eco Toreda Account Manager.
1.3 Limits
You agree to not use the Eco Toreda B2B Marketplace Service in any manner that substantially exceeds typical use projections, including but not limited to quote requests, price lookups and bandwidth consumption.
We may change the limits that apply to your use of the Eco Toreda B2B Marketplace Service or Free Services at any time in our sole discretion without notice to you, regardless of whether or not these are used in conjunction with other Eco Toreda Services for which you pay us a fee.
1.4 Modifications
We may make changes to the Eco Toreda B2B Marketplace Service or Free Services that materially reduce the functionality provided to you during the Subscription Term.
1.5 Non-Renewal Notice Period
To discontinue Free Services under this Agreement, you or we may close your account in accordance with the General Terms.
1.6 Retrieval of Customer Data
If you want to export Customer Data during your Subscription Term, you can retrieve Customer Data by contacting Eco Toreda Member Care at: help@ecotoreda.com
If you need help retrieving your Customer Data during the Subscription Term, we will provide reasonable assistance to you, at your cost, and in accordance with the ‘Confidentiality’ section of the General Terms.
We strongly recommend retrieving your Customer Data prior to the end of your Subscription Term; for the Eco Toreda B2B Marketplace Service and Free Services, we will not provide you with any access to Customer Data after termination or expiration of your Subscription Term.
1.7 Unified Database
By using Eco Toreda B2B Marketplace Service with other parts of the Marketplace Service, you understand that all product Information will be stored in a unified database of products associated with your subscription, and that all services you use will pull from this unified list of products.
Eco Toreda provides access to its Certification Services through item-based pricing options. An "Item" refers to the physical or logical representation of a unique device utilizing the Certification Services. The range of services offered will depend on the specific Certification Services selected, as outlined in the Product and Services Catalog.
2.1 Free Services. While fees apply to Certification Services for items not purchased or sold through the Eco Toreda B2B Marketplace, if you buy or sell items via the Eco Toreda B2B Marketplace, no charges will apply for digital Certified Pre-Owned Reports produced and retrieved as part of your use of the Marketplace Services.
2.1.1 If you use the Eco Toreda B2B Marketplace, we will provide digital Certification Services for associated items at no cost until the earlier of: (a) the termination of your free subscription, or (b) the start date of your paid subscription. If you request non-digital Certification Services (e.g., printed Certified Pre-Owned Reports), you will be charged according to the fees detailed in your Eco Toreda Order Form. For further information on these fees, please refer to our Product and Services Catalog, available at https://ecotoreda.com/en-product-and-services-catalog.
2.2 Paid Services. If you request Certification Services for items not purchased or sold via the Eco Toreda B2B Marketplace, you will be charged according to the fees detailed in your Eco Toreda Order Form. For further information on these fees, please refer to our Product and Services Catalog, available at https://ecotoreda.com/en-product-and-services-catalog.
2.3 No Guarantee. Eco Toreda provides Certification Services and Certified Pre-Owned Reports solely for sales and marketing purposes, without any guarantee of accuracy or completeness. The data contained within these reports, including but not limited to diagnostics, battery health, cosmetic condition, and device status (e.g., lost, stolen, or FMiP enabled), may be outdated and may not accurately reflect the current state of the connected device. Eco Toreda makes no representation or warranty regarding the accuracy, reliability, or completeness of the information contained in the reports. Customers are strongly encouraged to re-certify any device if timely or fully accurate inspection results are required.
Eco Toreda provides Fulfillment Services as part of the Marketplace Service, including but not limited to packaging, shipping, handling, and delivery of devices or products sold through the Eco Toreda B2B Marketplace or other platforms, through item-based pricing options. An "Item" refers to the physical, unique device utilizing the Fulfillment Services. The range of services offered will depend on the specific Fulfillment Services selected, as outlined in the Product and Services Catalog.
3.1 Responsibility for Fulfillment. Eco Toreda will make reasonable efforts to ensure timely and accurate fulfillment of orders. However, Eco Toreda makes no guarantees regarding specific delivery times or conditions, as fulfillment may be subject to third-party carriers, availability of inventory, and other external factors beyond Eco Toreda's control.
3.2 Risk of Loss. Title to and risk of loss for any items sold will transfer to you or your customer upon delivery of the items to the carrier. Eco Toreda shall not be liable for any loss, damage, or delay once the items have been transferred to the carrier for delivery.
3.3 Customs and Compliance. For international shipments, you are responsible for ensuring compliance with all applicable import/export regulations, customs duties, and taxes. Eco Toreda will not be liable for any customs-related delays, penalties, or additional charges incurred. If you are utilizing the Eco Toreda International Shipping Services, additional terms and conditions govern the use of those services.
3.4 Returns and Restocking. If applicable, any returns or restocking fees for items fulfilled by Eco Toreda will be governed by the return policy outlined in your Eco Toreda Order Form or any relevant agreements, and any fees associated with returns or replacements will be at your expense unless otherwise stated.
3.5 Limitations. Eco Toreda's fulfillment services are provided "as-is" and without any warranty of performance or fitness for a particular purpose. Eco Toreda shall not be liable for any indirect, incidental, or consequential damages arising from or related to the fulfillment process, including but not limited to delays, lost or damaged goods, or errors in packaging or labeling.
3.6 Changes to Services. Eco Toreda reserves the right to modify or discontinue fulfillment services at any time, with or without prior notice. Any changes to fulfillment services will be communicated to you and will be reflected in the applicable agreements or Order Forms.
3.7 Fulfillment Service Subscription Fees. The Subscription Fee for Fulfillment Services will remain fixed during the Current Term unless you:
(i) exceed your applicable limits, if any, set out on the Product and Services Catalog available at https://ecotoreda.com/en-product-and-services-catalog
(ii) upgrade products or base packages,
(iii) subscribe to additional features or products, or
(iv) unless otherwise agreed to in the Order Form.
You can learn more about how your fees may be otherwise adjusted in the remainder of this 'Fees Adjustments' section below.
3.8 Fee Adjustments
3.8.1 Volume Tiers. Your Subscription Fee will decrease immediately during the course of a Billing Period if you exceed your current tier's limit in a Billing Period. In this case, the Subscription Fee will decrease to the next tier price which corresponds with the number of Fulfilled Items and your invoice will list the corresponding prorated amount for the remainder of your Current Term.
3.8.1.1 Tier prices for Fulfillment Services are as set out in the Product and Services Catalog.
3.8.1.2 Your volume tiers reset to zero (0) at the beginning of each calendar month.
3.8.2 Other Fee Adjustments. For detail on renewal pricing, see the ‘Fees’ section of the General Terms. We may choose to decrease your fees upon written notice to you.
Please refer to the Product and Services Catalog and your Order Form for details of any additional limits that apply to your Fulfillment Service subscription.
3.9 Modifications
We will not make changes to the Fulfillment Services that materially reduce the functionality provided to you during the Subscription Term.
3.10 Retrieval of Customer Data. We will provide reasonable assistance to you, at your cost, if you require any assistance to retrieve your Customer Data during the Subscription Term, and in accordance with the ‘Confidentiality’ section of the General Terms.
Our international shipping services facilitate cross-border transactions by providing tools to calculate landed costs, classify products, and manage the logistics associated with international shipments. By using our international shipping services, you agree to the following terms:
4.1 Landed Costs. We may provide estimates for duties, taxes, and other landed costs associated with international shipping. These estimates are provided for informational purposes only and are based on available data at the time of calculation. We do not guarantee the accuracy or completeness of these estimates, as actual charges may vary due to customs assessments, changes in tax laws, or discrepancies in product classifications. You are solely responsible for verifying any landed costs before relying on them.
4.2 Product Classification. We may offer product classification services to help identify Harmonized Tariff Schedule (HTS) codes or other relevant international codes for your products. While we strive to ensure the accuracy of the classifications provided, we do not guarantee their correctness or completeness. The responsibility for providing accurate product classifications rests with you, as the importer of record.
4.3. Shipping Documentation. You are responsible for providing accurate and complete shipping documentation, including commercial invoices and any other required materials. Failure to provide accurate documentation may result in additional fees, delays, or penalties, for which we are not liable. We reserve the right to modify the documentation you provide to ensure compliance with applicable laws and regulations, but this does not absolve you of your responsibility.
4.4. Exchange Rates and Duties. Duties, taxes, and fees are based on current exchange rates and applicable regulations at the time of shipment. We do not guarantee that the rates or fees calculated at the time of order will remain the same at the time of shipment. Any additional fees resulting from changes in customs valuation or exchange rate fluctuations are your responsibility.
4.5. Unauthorized Charges. We are not liable for any unauthorized charges made to our account related to your shipments. In the event that such charges occur, we may charge a handling fee to cover any costs incurred. You are responsible for ensuring that all shipments are properly documented and authorized.
4.6. Risk and Liability. You assume all risks associated with international shipping, including but not limited to delays, customs inspections, and the refusal of shipments by consumers or your customers. We do not guarantee delivery times or outcomes for international shipments, and any disputes arising from the shipment are your responsibility to resolve.
4.7. Refunds and Disputes. Any refunds or disputes related to international orders, including disputes arising from payment of duties, taxes, or shipping fees, must be handled directly between you and your customer. We are not responsible for enforcing your terms and conditions related to international transactions.
4.8. Modifications to Services. We reserve the right to modify or discontinue any aspect of our international shipping services at any time, including but not limited to landed cost calculations, product classification tools, or any related APIs. Any changes will be communicated to you, and continued use of the services after such changes constitutes acceptance of the new terms.
By using our international shipping services, you acknowledge and agree to these terms, and accept full responsibility for compliance with all applicable laws and regulations related to cross-border shipments.
Our trade-in services enable consumers to sell their connected devices to Eco Toreda. If you use the Trade-In Service, the following terms and conditions shall govern your rights and obligations as a participant in the trade-in program (the “Program”) of Eco Toreda International, LLC, a United States, Florida limited liability company, and its related entities and affiliates (collectively, referred to as “Eco Toreda”). By participating in the Program, you expressly agree to the terms and conditions set forth below (the “Agreement”).
5.1 Device Eligibility Requirements:
The Device must be a connected device (e.g. smartphone, wearable, computer, tablet, etc.);
The Device model must be listed on the Trade-In Program website as an eligible Device model;
The Device cannot appear on any type of banned or black list of any kind;
The Device must not have been reported as stolen or lost;
The Device must not have been purchased with government funds;
The Device must not be government property or owned by any government agency;
You must be sole, outright owner of the Device;
The Device must not be leased and will not be eligible until and unless you fully purchase the Device from your service provider; and
The Device must have any restoration locks, reset protections, or other anti-theft locking software disabled.
All determinations of whether a Device complies with the Device Eligibility Requirements shall be determined in Eco Toreda’s sole discretion. You represent that your Device complies with the Device Eligibility Requirements. Only devices that comply with the Device Eligibility Requirements shall be deemed Eligible Devices. No trade in value is offered on anything other than Eligible Devices themselves.
5.2 Ownership and Authority to Trade-In, You represent and warrant that you are at least 18 years of age and the sole and rightful owner of the Device bearing the specifications, serial number, and model number which you have offered for trade-in (the "Device"). You further represent and warrant that:
5.3 Deactivation and Personal Data. You agree to deactivate all services to your Device and remove any and all codes (including without limitation removing user locks, passwords, and/or turn off/deactivating the “Find My Device” feature) that may prevent Eco Toreda from having the ability to use, recycle, resell or dispose of the Device. In addition, you acknowledge that it is your sole responsibility to remove all personal data (e.g., files, photos, videos, music, etc.) from the Device. You agree that Eco Toreda is not responsible for the loss or destruction of the hardware, software, files, or media containing any personal data left on or in the Device. All devices will be erased of customer data during the inspection process. You understand and agree that you will not be able to recover any data or files stored within the Device.
5.4 Accuracy of Information. You agree that all information you provide about the Device for trade-in, as well as information you have or will provide about yourself, is true, accurate, and complete. Any and all prices quoted on any Eco Toreda property or website are estimates of final value and are subject to revision upon inspection.
5.5 Prompt Device Delivery. If you are offered the option to ship your device(s), you agree to ship the Device to the address provided so that it arrives within TRADE QUOTE VALIDITY PERIOD (21 days or as indicated on your Order Form) of accepting the estimate. If the Device is not received within the TRADE QUOTE VALIDITY PERIOD of the date on your ORDER FORM, then Eco Toreda has the right to revise or withdraw the estimate for the trade-in of the Device.
When packing your Device, be sure to include all materials you told us about when we calculated your quote. Failure to include any items you told us about when the quote was calculated, or sending us a Device that does not match your original description, may impact the final value of your Device and may result in a recalculated quote. Any Device that is materially damaged or that does not match the Device on the trade-in quote may be returned to you or recycled by Eco Toreda. Any other Device not accepted by Eco Toreda may be returned to you or recycled by Eco Toreda.
5.5 Inspection. All Devices are inspected upon receipt by Eco Toreda. Eco Toreda has the option to accept or deny a Device. There may be instances when Eco Toreda recalculates the original quote for the Device. If the Device is as described, with all materials described, and sent to Eco Toreda in a timely manner (within the TRADE QUOTE VALIDITY PERIOD), Eco Toreda will honor the quote made for your Device and queue your trade for payment processing. Packing and shipping recommendations must be followed in order to avoid possible damage or loss. In the event Eco Toreda recalculates the quote, you shall have the option of accepting or rejecting the new quote. Eco Toreda will give you a set ADJUSTED TRADE QUARANTINE PERIOD (14 days or as indicated on your Order Form), from the day Eco Toreda recalculates the quote, to accept or reject the new quote. If you choose to accept the new quote, your trade will be immediately queued for processing payment. If you do not indicate acceptance or rejection of the new quote within the ADJUSTED TRADE QUARANTINE PERIOD, the new quote will be automatically declined. If you choose to reject the new quote, Eco Toreda will return the Device to you at the address from which it was originally sent.
5.6 Transfer of Ownership. Upon receipt and acceptance of the Device by Eco Toreda, you hereby agree to transfer all rights to and title in the Device to Eco Toreda, in exchange for the trade-in value quoted to you.
5.7 Final Transaction. You acknowledge and agree that the trade-in transaction is final and cannot be canceled or rescinded by you after your Device is received by Eco Toreda, unless Eco Toreda contacts you to provide notification that your description of the Device was inconsistent with Eco Toreda's evaluation of your Device and the quote.
5.8 Other Terms and Conditions. Eco Toreda reserves the right to takes steps Eco Toreda believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of these Terms and Conditions (including but not limited to Eco Toreda's right to cooperate with any legal process relating to your use of the trade-in program, and/or a third-party claim that your Device is unlawful and/or infringes such third party's rights). You agree that Eco Toreda has the right, without liability to you, to disclose any Device registration data and/or account information to law enforcement authorities, government officials, and/or a third party, as Eco Toreda believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of these Terms and Conditions.
5.9 Release of Liability. To the extent permitted by applicable law, you hereby release Eco Toreda from and against any liability arising out of or related to the transfer of the Device, including but not limited to any liability related to the shipment of the Device, the deletion or non-deletion of any data or files from the Device, the evaluation and assessment of the Device (and the corresponding trade-in valuation) made by Eco Toreda, and the non-availability of the Device after it has been received by Eco Toreda.
5.10 Privacy Policy. All information collected by Eco Toreda will be used to process your transaction or be used to contact you. All personal information will be treated as strictly confidential and will be stored on a secure server. Eco Toreda will not distribute your personal data to third parties. Review the full Privacy Policy.
The terms in this Section apply to any purchase of our other Eco Toreda Marketplace Services at any tier, and each is described further in our Product and Services Catalog.
6.1 Subscription Fees
The Subscription Fee for the Marketplace Services will remain fixed during the Current Term unless you:
(i) exceed applicable limits (see the ‘Limits’ section below),
(ii) upgrade Marketplace Services or base packages,
(iii) subscribe to additional features or Marketplace Services, or
(iv) unless otherwise agreed to in the Order Form.
6.2 Fee Adjustments
For details on renewal pricing, see the ‘Fees’ section of our General Terms.
6.3 Limits
For our Marketplace Services and paid Add-Ons, we may change the limits that apply to you at any time in our sole discretion.
Please refer to the Product and Services Catalog and your Order Form for details of any additional limits that apply to your Marketplace Services.
6.4 Downgrades
You may downgrade your Marketplace Services at your next renewal date if you complete a new Order Form.
6.5 Modifications
We may make changes to the Marketplace Services and Add-Ons that materially reduce the functionality provided to you during the Subscription Term.
6.6 Non-Renewal Notice Period
Unless otherwise specified in your Order Form, to prevent renewal of your Marketplace Services or paid Add-Ons, you or we must give written notice of non-renewal, which must be received before the next renewal period begins.
6.7 Retrieval of Customer Data
We will provide reasonable assistance to you, at your cost, if you require any assistance to retrieve your Customer Data during the Subscription Term, and in accordance with the ‘Confidentiality’ section of the Terms of Services.
We strongly recommend retrieving your Customer Data prior to the end of your Subscription Term; for the other Marketplace Services we will not provide you with any access to Customer Data after termination or expiration of your Subscription Term.
You may purchase Consulting Services by placing an Order with us. Unless we otherwise agree, the Consulting Services we provide are described in the Product and Services Catalog and will be delivered in English. Fees for these Consulting Services are in addition to your Subscription Fee. If you purchase Consulting Services that recur, they will be considered part of your subscription and will renew in accordance with your subscription.
7.1.1 Location. All Consulting Services are performed remotely, unless you and we otherwise agree. For Consulting Services performed on-site, you will reimburse us our reasonable costs for all expenses incurred in connection with the Consulting Services. Any invoices or other requests for reimbursements will be due and payable within thirty (30) days of the date of the invoice.
7.1.2 Delivery. If there are a specific number of hours included in the Consulting Services purchased, those hours will expire as indicated in the applicable description, which expiration period will commence upon purchase (the “Expiration Period”).
If there are deliverables included in the Consulting Services purchased, it is estimated that those deliverables will be completed within the time period indicated as the delivery period in the applicable description, which delivery period will commence upon purchase (the “Delivery Period”). If there is no Expiration Period or Delivery Period indicated, then it will be one hundred and eighty (180) days from purchase.
If the Consulting Services provided are not complete at the end of the Delivery Period due to your failure to make the necessary resources available to us or to perform your obligations, such Consulting Services will be deemed to be complete at the end of the Delivery Period. If the Consulting Services provided are not complete at the end of the Delivery Period due to our failure to make the necessary resources available to you or to perform our obligations, the Delivery Period will be extended to allow us to complete such Consulting Services.
7.1.3 Third Party Providers. We might provide some or all elements of the Consulting Services through third party service providers. Consulting Services are non-cancellable and all fees for Consulting Services are non-refundable.
We may offer products, features, or tools as part of the Marketplace Services that are powered by artificial intelligence, machine learning, or similar technologies (collectively, "AI Products"). The terms in this section govern your use of the AI Products within the Marketplace Services. They do not apply to the use of any Third-Party Products or Third-Party Sites that are powered by artificial intelligence, machine learning, or similar technologies.
Some of the AI Products in your account may be toggled on or off by default; you can adjust these settings at any time in your account.
8.1 Input and Output
You are responsible for any text, images, or other content you upload or submit to the AI Products (“Input”) as well as the text, images, or other content generated by the AI Products based on your Input (“Output”). You will ensure that your use of the AI Products, including Input and Output, complies with our Agreement and with applicable law. You acknowledge that (i) except to the extent it is Customer Data (as defined in the Eco Toreda Customer Terms of Service), Input will not be treated as Confidential information, therefore, you should not include any data or information in your Input that you’re restricted from using or sharing (for example, third party confidential information); (ii) Output will not be Confidential Information, also except to the extent it contains Customer Data); and (iii) Output may not be accurate or reliable and that you should independently review all Output before using or sharing it.
8.2 Ownership and Rights
Between you and Eco Toreda, you retain all rights you may have to use and exploit your Output and we retain all ownership in and to the AI Products, including but not limited to all algorithms or models and aggregated results of developing the AI Products. This means you can use your Output for any lawful purpose, including commercial purposes such as sale or publication, in accordance with the Customer Terms of Service (including these Product Specific Terms).
You acknowledge that Output may not be unique across users and that the AI Products may generate the same or similar Output for you or a third party. For example, you may provide Input into an AI Product such as “What color is the sky?” and receive responses such as “The sky is blue.” These responses are not unique to you and you may not claim ownership in them.
8.3 AI Service Providers
We provide some elements of the AI Products through third party service providers (“AI Service Providers”). You acknowledge that your Input and Output, including Customer Data, will be shared with and processed by our AI Service Providers, to enable your use of our AI Products, for content moderation, and other business purposes consistent with this Agreement.
You may not use the AI Products in a manner that violates any terms or policy of any AI Service Provider.
8.4 Availability and Modifications
We do not guarantee the availability of the AI Products in any or all geographical areas. Notwithstanding anything to the contrary in this Agreement, any production downtime impacting the AI Products that results from a failure of a third party service provider will not be included in the Service Uptime Commitment.
Notwithstanding anything to the contrary in our Terms of Service or these Product Specific Terms, we may make changes to the AI Products that materially reduce the functionality provided to you during the Subscription Term or change the limits that apply to you at any time in our sole discretion.
9.1 For the purposes of this 'Service Uptime Commitment' section, the following definitions will apply:
"Downtime" means a critical full outage/severe issue that constitutes a catastrophic problem causing complete inability to use the Marketplace Service, excluding Free Services, across a significant portion of the production environment (e.g. crash or hang), resulting in production downtime and where there is no workaround or solution to the problem.
"Excluded" means the following: (i) unavailability caused by circumstances beyond our reasonable control, including, without limitation, act of God, acts of government, emergencies, natural disasters, flood, fire, civil unrest, acts of terror, strikes or other labor problems (other than those involving our employees), or any other force majeure event or factors; (ii) any problems resulting from Customer's combining or merging the Marketplace Service with any hardware or software not supplied by us or not identified by us in writing as compatible with the Marketplace Service; (iii) interruptions or delays in providing the Marketplace Service resulting from telecommunications or internet service provider failures outside of our datacenter as measured by our third party website availability monitoring provider; (iv) any interruption or unavailability resulting from the misuse, improper use, alteration, or damage of the Marketplace Service; and (v) unavailability while we perform maintenance on the Marketplace Service when necessary, in Eco Toreda’s sole, reasonable discretion.
"Service Uptime" means (total hours in calendar month - Excluded duration - Downtime duration) / (total hours in calendar month - Excluded duration ) x 100% = Service Uptime.
9.2 We will use commercially reasonable efforts to meet a Service Uptime of 99.95% for our Marketplace Service in a given calendar month. All availability calculations will be based on our system records. Notwithstanding anything to the contrary in this Agreement, as Customer's sole and exclusive remedy for failure to meet Service Uptime commitments, in the event there are two (2) or more consecutive calendar months during which the Service Uptime falls below 99.95% in a given calendar month, Customer will be entitled to receive a credit of $1. Notwithstanding anything to the contrary in the Agreement or this section, this 'Service Uptime Commitment' section does not apply to our Free Services.