These Terms of Service ("Terms") govern your access to and use of Troven Ads Optimizer (the "Service"), provided by Troven Inc. ("Troven," "we," "us," or "our"), a corporation incorporated under the laws of the Province of Ontario, Canada. The Service is intended for business and professional use by authors, publishers, and their authorized agents. By using the Service you confirm you are using it for business purposes and not for personal, family, or household purposes.
By creating an account, connecting an Amazon Advertising account, or otherwise using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.
If you are using the Service on behalf of a business or other entity, you represent that you have the authority to bind that entity to these Terms.
You accept these Terms by checking the acceptance boxes presented when you create your account, before you connect your Amazon Advertising account. Troven records the date, time, and version of the Terms you accepted. If we update these Terms, you will be asked to accept the new version before continuing to use the Service, as described in Section 17.
You must be at least 18 years of age to use the Service. By using the Service, you represent that you meet this requirement. The Service is not directed at, and may not be used by, individuals under 18. You also represent that you are not barred from using Amazon Advertising or the Service under applicable law or any Amazon policy.
Troven Ads Optimizer connects to your Amazon Advertising account via Amazon's official Advertising API to analyze your Sponsored Products campaign performance and generate optimization recommendations (including keyword and ASIN negation, bid adjustments, campaign and target pausing, and keyword harvesting) calculated against your book-specific royalty economics.
Depending on your subscription tier, the Service may also offer approve-and-execute functionality: the ability to review and approve a recommendation and have Troven submit the corresponding change directly to your Amazon Advertising account via the Amazon Ads API, rather than applying it yourself.
Recommendations are generated by automated analysis of your campaign data and the royalty information you enter. They are informational tools to support your own decisions. They are not financial, tax, legal, or professional advice, and Troven is not an advertising agency or fiduciary of yours except to the limited extent expressly set out in Section 6. Troven is not affiliated with, endorsed by, or sponsored by Amazon.com, Inc. or its affiliates ("Amazon"), and Amazon is not a party to these Terms.
To use the Service, you must connect a valid Amazon Advertising account via Amazon's OAuth authorization flow. You represent that you are authorized to connect and manage the Amazon Advertising account(s) you connect to the Service. You may not connect an account you do not own or lack authorization to manage.
Troven never receives or stores your Amazon login credentials; authorization occurs entirely through Amazon's own systems. You may revoke Troven's access to your Amazon Advertising account at any time through your Amazon Advertising console or by disconnecting your account within the Service.
You authorize Troven to access, retrieve, store, and process data from your connected Amazon Advertising account, and to submit changes to that account as described in Sections 5 and 6, in each case in accordance with these Terms and our Privacy Policy. Troven's access is provided through the Amazon Ads API and is subject to Amazon's API terms, program policies, rate limits, and availability. Amazon may change, restrict, or withdraw API access at any time, and Troven is not responsible for any resulting interruption of the Service. If you revoke Troven's access, the Service will no longer be able to analyze your account or execute any pending or future changes.
When the Service presents a recommendation for your review, you are solely responsible for reviewing that recommendation before approving it. By clicking "Approve," you are directing Troven to submit the described change to your Amazon Advertising account on your behalf. Troven executes only what you have explicitly approved.
You acknowledge and agree that:
Troven may offer a managed version of the Service through third-party marketplaces such as Fiverr (each, a "Platform"). An order for the managed service placed through a Platform (a "Managed Service Order") is a contract between you and Troven for the services described in that order. The Platform's own terms govern your use of the Platform, payment, and the Platform's dispute process. These Terms govern the Service itself and the actions Troven takes in your Amazon Advertising account. If there is a conflict between these Terms and the description of a Managed Service Order, these Terms govern as to Troven's authority, responsibilities, and liability. To place a Managed Service Order you must create an account with the Service, accept these Terms, and connect your Amazon Advertising account through Amazon's official OAuth authorization flow as described in Section 4. That authorization governs the technical access granted to Troven. This Section governs the decisions Troven makes once that access exists.
Unlike self-serve use of the Service described in Section 5, where you review and approve each recommendation yourself, a Managed Service Order authorizes Troven to review your account's weekly data and execute changes directly, using Troven's reasonable judgment, without seeking your approval for each individual action.
Scope of authority. You authorize Troven to take any action available through the Service in managing your Amazon Advertising account, including but not limited to adjusting bids, pausing or resuming campaigns, adding or removing keywords, and modifying budgets, based on Troven's reasonable judgment of your account's performance data. Troven is not required to seek your approval before taking any individual action within the scope of a Managed Service Order. This authority is limited to actions available through the Service and to the campaigns and accounts covered by the Managed Service Order. Unless you instruct otherwise in writing, Troven will not increase the total daily budget across your covered campaigns above the level in place when the Managed Service Order began (the "Budget Ceiling"). You may narrow, suspend, or revoke this authority at any time by written notice to Troven through the Platform or by email, or by revoking Troven's Amazon authorization. Troven will stop taking new actions within one (1) business day after receiving your notice, but is not responsible for reversing actions already taken.
Standard of care and relationship. In performing a Managed Service Order, Troven acts as your limited agent and independent contractor, solely for the purpose of submitting changes to your Amazon Advertising account within the authority described above. Troven will act in good faith and with the care a reasonably competent provider of Amazon Ads optimization services would use, based on the data available to Troven at the time. Troven is not a fiduciary, does not owe you any duty beyond those expressly stated in these Terms, and does not guarantee that any action will be the best available option. Troven may decline to take any action it considers inconsistent with Amazon's policies, applicable law, or these Terms.
Your responsibilities. You remain the account holder and advertiser of record with Amazon. You are responsible for the content of your advertisements, listings, and books, for setting and monitoring the overall budgets and payment method in your Amazon Advertising account, for reviewing the weekly summary and action log Troven makes available to you, and for promptly telling Troven about any campaign, budget, or product changes that should affect Troven's decisions. Troven is entitled to rely on the information you provide and on the state of your account as it appears through the Amazon Ads API.
Records and end of authority. Troven keeps a record of each action taken under a Managed Service Order in the same manner as the approval record described in Section 5, and that record is conclusive evidence of the actions taken, absent manifest error. Troven's authority under a Managed Service Order ends when the order is completed or cancelled on the Platform, when you revoke Troven's Amazon authorization, or when your account with the Service is terminated, whichever occurs first.
No guarantee of outcomes. Section 7 applies equally here: Troven makes no guarantee, warranty, or representation regarding the outcome of any decision made under a Managed Service Order. Decisions are made in good faith based on the data available at the time, not with the benefit of hindsight, and advertising results depend on factors outside Troven's control.
Limitation of liability. The limitation of liability in Section 14 applies equally to actions taken by Troven under a Managed Service Order, in the same manner it applies to changes you approve yourself under Section 5. Fees paid under a Managed Service Order, whether paid through the Platform or directly, count as fees paid to Troven for the purposes of Section 14.
The Service provides analytical recommendations and, where applicable, automation of changes based on your historical campaign data and stated royalty economics. Troven makes no guarantee, warranty, or representation that use of the Service will improve your advertising performance, reduce your advertising spend, increase your sales, or produce any particular financial outcome. Amazon Advertising campaign performance is influenced by many factors outside Troven's control, including Amazon's own algorithms, marketplace competition, and consumer behavior.
You acknowledge that any recommendation, whether applied manually, through approve-and-execute, or under a Managed Service Order as described in Section 6, is provided on an informational basis and that outcomes may vary, including outcomes that are worse than your account's performance prior to using the Service.
From time to time, Troven may offer access to the Service, or to specific features, on a free or discounted beta or early-access basis. Where that applies:
The Service is offered on a subscription basis, billed monthly, through our payment processor, Stripe. Available tiers and their features are described at troven.ca/optimizer.html and are subject to change with notice. Fees are stated in United States dollars and are exclusive of applicable taxes, including HST, which will be added where required. By subscribing you authorize Troven and Stripe to charge your payment method on a recurring monthly basis until you cancel. Your use of Stripe is subject to Stripe's own terms and privacy policy.
Our collection and use of your personal information and Amazon Advertising data is governed by our Privacy Policy (provided as a separate document), incorporated into these Terms by reference.
You may request deletion of your data at any time by contacting us at the email address below. We will process deletion requests in accordance with our Privacy Policy and applicable data protection law. You acknowledge that Troven retains approval and execution records (Sections 5 and 6), records of your acceptance of these Terms, and billing records for the periods described in the Privacy Policy, even after your account is deleted, because those records document the changes you authorized and are required for legal, accounting, and dispute purposes.
You grant Troven a non-exclusive, royalty-free, perpetual (solely with respect to aggregated and de-identified data), irrevocable licence to access, use, store, and process your Amazon Advertising data, royalty information, and other data you provide, solely to provide, secure, support, and improve the Service. Troven may use data that has been aggregated and de-identified so that it cannot identify you or your account to improve its recommendation models and for benchmarking, provided that data is never disclosed in a form that identifies you or your books. Troven will use Amazon Advertising data only as permitted by Amazon's Ads API terms and data protection policies.
You agree not to:
We reserve the right to suspend or terminate access to the Service for any account we reasonably believe is in violation of this section.
The Service, including its software, design, and content (excluding your own account data), is the property of Troven Inc. and is protected by applicable intellectual property laws. These Terms do not grant you any rights to Troven's trademarks, logos, or branding.
You retain all rights to your own data, including your campaign data, royalty information, and book catalog, as connected to or entered into the Service.
Recommendations and reports generated by the Service for your account are provided for your own business use. Troven retains all rights in the underlying models, methods, and software used to generate them. If you provide feedback or suggestions about the Service, Troven may use them without restriction or compensation to you.
The Service is provided "as is" and "as available," without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or secure, or that any automated execution will complete successfully or as intended.
We do not guarantee the availability of any particular feature, including the weekly automated analysis run, on any specific schedule. Troven does not warrant the accuracy or completeness of data received from Amazon, and is not responsible for errors in your account caused by Amazon's systems or by changes you or others make outside the Service.
To the maximum extent permitted by applicable law, Troven Inc. and its directors, officers, employees, contractors, affiliates, and licensors shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of advertising spend, loss of sales, loss of profits, or loss of data, arising out of or related to your use of the Service, whether in contract, tort (including negligence), or otherwise, and even if Troven has been advised of the possibility of such damages, including damages arising from a change executed through the Service's approve-and-execute functionality that you approved, or executed by Troven on your behalf under a Managed Service Order as described in Section 6.
To the maximum extent permitted by applicable law, Troven's total aggregate liability arising out of or relating to these Terms or the Service shall not exceed the greater of (a) the amount you paid to Troven in subscription or service fees during the three (3) months preceding the event giving rise to the claim, and (b) one hundred Canadian dollars (CAD $100). The exclusions and limitations in this Section do not apply to your payment obligations or your indemnification obligations under Section 15.
Nothing in these Terms limits liability that cannot be excluded or limited under applicable Ontario or Canadian law.
You agree to indemnify, defend, and hold harmless Troven Inc. and its directors, officers, employees, and contractors from any third-party claims, damages, losses, or expenses (including reasonable legal fees) arising from your use of the Service, your violation of these Terms, or your violation of any rights of a third party, including Amazon's own terms governing your Advertising account, the content of your advertisements, listings, and books, any instruction you give Troven under a Managed Service Order, and any claim that you lacked authority to connect an account to the Service. Troven may participate in the defense of any such claim at its own expense, and you may not settle any claim without Troven’s prior written consent if the settlement would impose any obligation on Troven or admit fault on Troven’s behalf.
We may suspend or terminate your access to the Service at any time for violation of these Terms, for non-payment, if required by Amazon or by law, if we reasonably believe your account poses a security risk or is being used fraudulently, or if we discontinue the Service. We may also terminate for convenience on thirty (30) days' notice, in which case we will refund any prepaid fees for the period after termination. You may terminate your account at any time by cancelling your subscription and disconnecting your Amazon Advertising account.
Upon termination, your right to use the Service ceases immediately, any pending approvals are cancelled, any Managed Service Order authority ends, and Troven will stop accessing your Amazon Advertising account. You should also revoke Troven's access in your Amazon Advertising console. Your data will be handled as described in the Privacy Policy. Sections of these Terms that by their nature should survive termination (including Sections 6, 7, 10, 12, 13, 14, 15, 18, and 19) will survive.
We may update these Terms from time to time. We will post the revised Terms with an updated "Last updated" date. For material changes, we will give you at least thirty (30) days' notice by email or by a notice within the Service, and you will be asked to accept the revised Terms before continuing to use the Service. Changes do not apply retroactively to changes executed, or fees paid, before the revised Terms take effect. If you do not agree to the revised Terms, you may cancel your subscription before they take effect and receive a refund of any prepaid fees for the remaining period.
These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts of Ontario, and you irrevocably submit to that jurisdiction and waive any objection based on venue or inconvenient forum. The United Nations Convention on Contracts for the International Sale of Goods does not apply. Each party waives any right to a jury trial to the extent permitted by law.
Entire agreement. These Terms, together with the Privacy Policy and any Managed Service Order, are the entire agreement between you and Troven regarding the Service and replace any prior discussions or agreements.
Assignment. You may not assign these Terms without our written consent. Troven may assign these Terms to an affiliate or to a successor in a merger, acquisition, or sale of assets, and will use reasonable efforts to notify you, but any delay or failure to notify does not affect the validity of the assignment.
Force majeure. Troven is not liable for any delay or failure caused by events beyond its reasonable control, including failures of Amazon, Stripe, hosting providers, or the internet, natural disasters, pandemics, government actions, sanctions, war, labour disputes, or power outages. If a force majeure event continues for more than sixty (60) days, either party may terminate these Terms on written notice.
Severability and waiver. If any provision of these Terms is found unenforceable, it will be modified to the minimum extent necessary to make it enforceable, or if it cannot be modified, severed, and the remainder stays in effect. A failure to enforce a provision is not a waiver of it.
Notices. We may send notices to the email address on your account. You may send notices to the email address in Section 20. A notice sent by email is deemed received on the business day after it is sent, unless the sender receives a delivery failure notification.
Relationship. Except as expressly stated in Section 6, the parties are independent contractors and nothing in these Terms creates a partnership, joint venture, employment, or fiduciary relationship. There are no third-party beneficiaries of these Terms.
Language. The parties have required that these Terms be drafted in English. Les parties ont exigé que les présentes conditions soient rédigées en anglais.
Questions about these Terms can be directed to:
Troven Inc.
49 Kearney Street, Guelph, Ontario N1E 7B9, Canada
mikem@troven.ca