These terms cover Managed Profit and the call that comes before it. They are written in plain English on purpose. There is no second version in smaller type.
"Hubricon", "we" and "us" mean Hagen Simmons, doing business as Hubricon, in Dallas, Texas, United States. "You" means the business that books a call with us or takes Managed Profit. By booking a call, granting us a seat on your store, uploading files, or saying yes to Managed Profit, you accept these terms.
Hubricon is a done-for-you service we call Managed Profit. We model your Amazon account, your Shopify store, or both, covering pricing, advertising, inventory and fees (and, on Amazon, reimbursements), and we execute the resulting corrections in that account under a standing mandate you set. It is a service performed by the founder. Every move we make is written on your Profit Record (our ledger of every move, the dollars expected before it goes live against the dollars measured after, from your own exports). It is not software you license: Hubricon is where the work is delivered to you and where every move and its result is recorded, not a tool you operate.
The call is free and creates no obligation on either side. We look at your numbers with you. If the arithmetic does not clear our fee at your size, we tell you so. Anything you show us is confidential under section 10, whether or not you take Managed Profit.
Managed Profit (the retainer) starts on the day you say yes after the call. The first thirty days are the Proving Month: free, and they include the full service: the plan, the corrections executed, a Profit Brief every two weeks with its recorded walkthrough and full report, the Profit Record. In that month we deliver our first full read of every SKU once your files arrive, your ninety-day plan on the kickoff call, and the first corrections inside the first fourteen days. The free month is free regardless of outcome, and whether or not we manage all of that. If we do not find you more than we cost, you walk away owing nothing.
If you stay past day thirty, the fee is $6,000 per month, flat. It is never a percentage of your ad spend or your revenue. Managed Profit is month to month with no minimum term.
After the Proving Month, every month is judged on its own number. A month runs from the same date each month as the day you said yes. About a week after it ends, once its exports have landed, your Profit Record measures what every move earned in that month, from that month's own exports, by the rules below. That is done once, and the result stands, except that a dollar you dispute and the record cannot defend comes off it. If the month's number is more than the fee, the month is invoiced. If it is not, the month is free: no invoice is sent and nothing is owed, nothing is credited, and nothing carries into the next month, in either direction. Dollars found but not yet measured do not count.
Each month's invoice is held as a draft until its month has been measured, so the number is on your Profit Record before any invoice exists. If an invoice ever reaches you before that check and the month then comes out short, it is void all the same, and if you have already paid it, it is refunded in full to the account it was paid from, not credited against a later invoice. The work carries on either way.
These are the rules your Record is kept by. They are agreed before any number is on it, so neither of us can bend them once one is.
Before. Every move is written down with the dollars we expect it to earn over its first thirty days, before it goes live.
After. It is measured on your own later exports, and every dollar is graded by how we know it:
Four rules apply to every dollar.
Misses stay. A move that earned less than we expected is recorded at what it earned.
Every month stands on its own. About a week after a month ends, once its exports have landed, everything every move earned in it is added up, once. That one number is the month's: nothing found but not yet measured counts, and nothing carries from one month to the next.
Disputes are settled by inspection. Every graded dollar carries its working: the grade, the window of your exports it was measured on, the evidence, and a note in plain words. If you question one, we open that record together. If it does not settle the question, the dollar comes off your Record.
Months are invoiced in arrears: a month is invoiced by email after it ends, once the check in section 3 has cleared it. Invoices are paid by ACH and are due seven days after they are sent. We keep no card on file, so nothing is charged automatically: each month is invoiced, and you pay it. If an invoice is more than fourteen days late we pause execution and monitoring until it is settled.
Recovery Only. If you take reimbursement filing alone rather than Managed Profit, there is no monthly fee. At the end of each month we invoice a share of the reimbursements Amazon actually paid that month on claims we filed, and nothing else; the share is 25% unless we agreed a different figure with you in writing. A month in which nothing landed produces no invoice, and a share under $50 rolls into the next month. Reimbursements Amazon pays on its own initiative, on claims we did not file, are never counted.
Either of us can end Managed Profit by email, effective immediately, with no notice period and no fee. From the moment we receive your email we make no further changes in your account. The seat is yours to revoke.
When Managed Profit ends, we true up. We check every month we invoiced once more against its own number, as section 3 measures it and after any dispute. An invoice for a month that does not clear the fee is voided if you have not paid it and refunded in full, to the account it was paid from, if you have. We issue that refund within seven days of your email. The month in progress when you cancel is never invoiced.
On Amazon you grant us one Seller Central user with exactly four permissions: Business Reports (view), Fulfillment reports (view), Pricing (view and edit), and Advertising Campaign Manager (view and edit). On Shopify you add one staff account with a role limited to Orders (view and export), Products (view, view cost, edit price and export), Discounts (view, create and delete) and Analytics reports; it has no access to Finance, payouts, Customers, Settings or apps. Shopify allows staff accounts on its Grow, Advanced and Plus plans. If you advertise on Meta or Google, you also give us partner access to your Meta ad account, to manage campaigns and view performance, and Standard access to your Google Ads account, which Google lets see billing and which we do not use; both are used for advertising changes only. On neither platform do we hold banking or account-settings access. You may revoke either seat at any time, and revoking it pauses the service until it is restored.
At kickoff we agree your standing mandate: the bounds within which we act without asking. Unless we agree otherwise in writing, the mandate covers:
Every planned correction is stated in your brief with its expected dollar impact at least three days before it goes live, and you may veto any of them by reply. Silence after those three days is a yes only for corrections inside the mandate. If that brief does not reach you, nothing goes live. Anything outside the mandate, including larger price moves, new campaigns, listing changes, and anything touching inventory orders or liquidation, needs your explicit yes in writing first. Email counts.
In making changes we act as your authorised agent. You remain the seller of record and remain responsible to Amazon, Shopify and your payment processor for your own account.
We promise the method. Every recommendation carries an expected dollar impact. Every executed move is measured on the Profit Record, expected against realised, including the ones that go wrong. Our advice is never shaped by our own invoice, because the fee is flat.
We do not promise a result. Forecasts are probabilistic, markets move, and Amazon, Shopify and the carriers change their fees and rules without asking either of us. Past results, ours or anyone's, are not a guarantee.
Once your Profit Record shows proven value — a reimbursement Amazon paid on a claim we filed, or proven dollars well above what you have paid us — we will ask you for two things, once, on a private page. First, permission to publish your results in anonymised form: no company name, storefront, brand, ASIN or SKU, and figures rounded or shown as percentages where they could identify you. Second, a short, honest testimonial, attributed by first name and product category, or anonymously if you prefer. Each is a separate answer you may give or withhold; a withdrawn permission removes the published result at once. That is the whole price of the free month.
If you introduce another brand through your personal link and that brand stays past its own thirtieth day, we credit one month of your fee against your next invoice, or add a free month if you are not yet invoiced. One credit per brand introduced, applied when that brand's first invoice is raised after its own thirtieth day, and never before.
We keep your data, your numbers and your plans confidential, and we never use one client's data to advise another. You keep our methods, models and unpublished materials confidential. The Privacy Policy describes the providers who process data on our behalf. Anonymised publication under section 9 is one of three exceptions on our side. The second needs your separate, explicit consent, given on the same private page: aggregate statistics from your account (a rate, a ratio, a fitted slope; never a figure of yours, never your name) may then calibrate the estimates we make from public pages, and every estimate that uses them says how many accounts stand behind it. Without that consent your data calibrates nothing. The third also needs your separate, explicit consent, given on the same private page: aggregates from your account (which fee changed, which way, roughly when, and by what percentage; never a figure of yours, never your name, a SKU or an ASIN) may then inform the alerts we send other clients about a change on the platform's side, and our measure of what each kind of move delivers, and every alert that uses them says how many accounts stand behind it. Without that consent your data informs no other client. Either consent lasts only while we work for you. It ends the day our work for you ends, or sooner if you untick it on your private page, and from the next weekly pass your account calibrates nothing and informs no other client. What was computed while you consented holds none of your figures and is not recalled, and an alert already sent stays sent.
Your data is yours. We hold it only to deliver the service, and you can export it and your full Profit Record free at any time. Our models, code, methods and report formats are ours. The reports, briefs and plans we produce for you are yours to keep and use for as long as you like. An export you request is delivered within one working day.
To the extent the law allows, our total liability for anything arising from the service is capped at the greater of the fees you paid us in the three months before the claim and one month's fee. Neither of us is liable to the other for indirect or consequential loss or for lost profits. We are not liable for a platform's own actions, such as fee changes, listing suppressions, payout holds or account suspensions, unless they result from us acting outside your mandate. Nothing here limits liability for fraud or for anything the law does not allow to be limited. The voids and refunds promised in sections 3 and 5 are not claims under this section and are not limited by it.
We are an independent contractor, not your employee or partner. Neither of us is exclusive to the other. Neither of us may assign this agreement without the other's consent, except that Hubricon may assign it, with notice to you, to a company formed to carry on the Hubricon business. If a court finds part of these terms unenforceable, the rest still stands.
If something goes wrong, we talk first: either of us can ask for a call, and we make a good-faith effort to resolve it within thirty days. Failing that, these terms are governed by the laws of the State of Texas, and the courts sitting in Dallas County, Texas have jurisdiction.
If we change these terms, clients get fourteen days' notice by email. Staying on after that is acceptance. If you do not accept a change, cancel under section 5 with no penalty.
Hagen Simmons, founder · hagen.simmons@hubricon.com
Hubricon · Dallas, Texas, United States