These Terms of Service ("Terms") govern your access to and use of AIMventory, provided by ACD Logistics, LLC ("ACD Logistics," "AIMventory," "we," "our," or "us"). By creating an account or using the service, you ("Customer," "you," or "your") agree to be bound by these Terms.
You must provide accurate and complete registration information. You are responsible for maintaining the security of your account credentials and for all activity under your account. You must promptly notify us of any unauthorized use.
You may invite Authorized Users to access your account. You are responsible for their compliance with these Terms and for managing their access permissions.
We grant you a non-exclusive, non-transferable right to access and use the Service during the subscription term for your internal business operations, subject to these Terms and your subscription plan.
You agree not to:
You retain all rights, title, and interest in your Customer Data. We do not claim ownership of any Customer Data. Nothing in these Terms grants us any right to use Customer Data except as necessary to provide and improve the Service.
You grant us a limited, non-exclusive license to use, process, store, and transmit Customer Data solely to the extent necessary to provide the Service, perform synchronization with connected platforms at your direction, and comply with applicable law.
You may export your Customer Data at any time using the tools available in the Service. Upon termination of your account, we will make your Customer Data available for export for a commercially reasonable period, after which we may delete it in accordance with our data retention practices.
Each party agrees to hold the other party's Confidential Information in strict confidence and not to disclose it to any third party except as expressly permitted in these Terms. Each party will protect the other party's Confidential Information using at least the same degree of care it uses to protect its own confidential information, but in no event less than reasonable care.
Without limiting the foregoing, your Confidential Information includes:
A party may disclose Confidential Information:
Confidential Information does not include information that:
We may use Customer Data internally to operate, maintain, improve, and develop the Service, including for troubleshooting, customer support, performance optimization, and feature development. We may also generate and use aggregate or de-identified data derived from Customer Data for analytics, reporting, and Service improvement purposes, provided that such aggregate data does not identify you or any individual and cannot reasonably be used to reconstruct your Confidential Information.
We will not use your individually identifiable Customer Data to provide advantages to your competitors or share your business data with other customers or third parties for competitive analysis.
The confidentiality obligations in this section survive termination of these Terms and continue for three (3) years after the date of disclosure, or indefinitely for trade secrets to the extent protected by applicable trade secret law.
You agree to pay the subscription fees applicable to your selected plan. Fees are billed in advance on a recurring basis (monthly or annually) unless otherwise stated. Usage-based charges, if any, are billed in arrears.
Payments are processed through Stripe. By providing payment information, you authorize us to charge the applicable fees. You are responsible for keeping payment information current.
We may change pricing with at least thirty (30) days' prior written notice. Price changes take effect at the start of your next billing cycle following the notice period.
If payment is not received when due, we may suspend access to the Service after providing reasonable notice. Suspension does not relieve you of the obligation to pay outstanding amounts.
We retain all rights, title, and interest in the Service, including all software, technology, designs, trademarks, and documentation. These Terms do not grant you any rights to our intellectual property except the limited right to use the Service as described herein.
The Service allows you to connect third-party platforms (e.g., Shopify, StockX, GOAT, eBay, TikTok Shop). We are not responsible for the availability, accuracy, or policies of third-party services. Your use of third-party integrations is subject to the respective third party's terms and policies. You are responsible for ensuring that your use of connected platforms complies with their terms.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING 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 DEFECTS WILL BE CORRECTED.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL EITHER PARTY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR RELATED TO THESE TERMS, REGARDLESS OF THE THEORY OF LIABILITY.
EACH PARTY'S TOTAL CUMULATIVE LIABILITY UNDER THESE TERMS WILL NOT EXCEED THE AMOUNTS PAID BY YOU TO US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
THE LIMITATIONS IN THIS SECTION DO NOT APPLY TO (A) BREACHES OF THE CONFIDENTIALITY OBLIGATIONS IN SECTION 5, (B) EITHER PARTY'S INDEMNIFICATION OBLIGATIONS, OR (C) LIABILITY THAT CANNOT BE LIMITED BY LAW.
You agree to indemnify and hold us harmless from any claims, damages, or expenses (including reasonable attorneys' fees) arising from your use of the Service, your violation of these Terms, or your violation of any rights of a third party.
These Terms are effective when you create an account and continue until terminated. Your subscription renews automatically unless cancelled before the end of the current billing period.
Either party may terminate these Terms at any time by providing written notice. If you terminate, your access continues until the end of the current billing period. No refunds are provided for partial billing periods unless required by law.
Either party may terminate these Terms immediately upon written notice if the other party materially breaches these Terms and fails to cure the breach within thirty (30) days of receiving notice.
Upon termination, your access to the Service will cease. Sections that by their nature should survive termination will survive, including Sections 4 (Customer Data), 5 (Confidentiality), 7 (Intellectual Property), 9 (Disclaimers), 10 (Limitation of Liability), and 11 (Indemnification).
We may update these Terms from time to time. If we make material changes, we will provide at least thirty (30) days' notice by email or through the Service. Continued use of the Service after the effective date of changes constitutes acceptance.