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Terms of Service

Last Updated: July 2026

Welcome to RetailBrain, by accessing or using our Point of Sale, Inventory Management, and AI Forecasting platform ("Service"), you ("Tenant", "Customer", "User") agree to be bound by these Terms of Service ("Terms").

1. Account Terms and Role-Based Access

1.1 Tenant Responsibility: The Organization/Tenant is strictly responsible for managing Role-Based Access Control (RBAC) within their account. RetailBrain operates on a strict multi-branch architecture. Tenants are liable for all actions performed by accounts provisioned under their Organization. 1.2 Security: You must immediately notify us of any unauthorized use of your account or any other breach of security. RetailBrain cannot and will not be liable for any loss or damage arising from your failure to comply with this security obligation.

2. Acceptable Use Policy (AUP)

2.1 Prohibited Activities: You agree not to use the Service to:

  • Conduct any illegal retail activities, money laundering, or fraud.
  • Reverse engineer, decompile, disassemble, or extract the source code or proprietary algorithms of the Service.
  • Use automated scripts, bots, or scrapers to extract data from the platform.
  • Attempt to bypass the RBAC security constraints or access data belonging to other Tenants.

3. Intellectual Property

3.1 RetailBrain IP: RetailBrain retains all right, title, and interest in and to the Service, including the user interface, APIs, predictive algorithms, AI prompts, logos, and trademarks. You are granted a limited, non-exclusive, non-transferable license to use the Service. 3.2 Tenant Data: You retain all ownership rights to your raw operational data (inventory, sales, staff data). By using the Service, you grant us a worldwide, royalty-free license to host, process, and anonymize this data solely for the purpose of providing the Service.

4. Algorithmic and AI Liability Disclaimer (CRITICAL)

4.1 Informational Purposes Only: RetailBrain utilizes advanced algorithms, large language models, and predictive analytics (the "AI Advisor") to generate inventory forecasts, purchase recommendations, and business insights. 4.2 No Guarantee of Accuracy: ALL AI-GENERATED OUTPUTS ARE PROVIDED "AS IS" AND FOR INFORMATIONAL PURPOSES ONLY. RetailBrain does not warrant the accuracy, completeness, or financial viability of any AI recommendation. 4.3 Absolute Waiver of Financial Liability: By using the Service, the Tenant explicitly agrees that RetailBrain shall bear ZERO liability for any business decisions, inventory overages, stockouts, financial losses, or damages incurred as a result of relying on the AI Advisor, automated purchasing workflows, or demand forecasts. The Tenant assumes full and sole responsibility for verifying all system recommendations before executing business decisions.

5. Subscription, Payments, and Billing

5.1 Payment Terms: Subscriptions are billed in advance on a recurring basis. All fees are non-refundable unless otherwise explicitly stated or required by law. 5.2 Suspension for Non-Payment: RetailBrain reserves the right to suspend or terminate access to the Service if your billing account falls into arrears for more than 14 days.

6. Service Availability and "As-Is" Provision

6.1 Uptime: While we strive for 99.9% uptime, the Service is provided on an "AS IS" and "AS AVAILABLE" basis. Unless explicitly covered by an Enterprise Custom Contract, RetailBrain provides no implied warranties regarding continuous, uninterrupted, or secure access to the Service. 6.2 Limitation of Liability: In no event shall RetailBrain be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, use, goodwill, or other intangible losses. In no event shall our total liability to you exceed the amount you paid to us in the trailing twelve (12) months. 6.3 Force Majeure: RetailBrain shall not be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including but not limited to acts of God, war, terrorism, pandemics, strikes, or failures of third-party internet, cloud, or telecommunications providers.

7. Indemnification

7.1 Tenant Indemnity: You agree to defend, indemnify, and hold harmless RetailBrain, its officers, directors, employees, and agents, from and against any claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees) arising from your violation of any term of these Terms (including the Acceptable Use Policy), your violation of any third-party right, or any claim that your data caused damage to a third party.

8. Publicity Rights

8.1 Customer Reference: You agree that RetailBrain may identify you as a customer and use your name and logo on our website, pitch decks, and marketing materials. You may revoke this permission at any time by emailing legal@retailbrain.online with the subject "Marketing Opt-Out".

9. API Usage and Fair Use

9.1 Rate Limits: We reserve the right to throttle, limit, or suspend access to our APIs and AI generation endpoints if your usage significantly exceeds the average usage of other Tenants or threatens the stability of the platform.

10. Export Control

10.1 Compliance: The Service is subject to the export control and trade sanction laws of India. You agree not to use or export the Service to any country, territory, or individual subject to comprehensive trade embargoes or sanctions recognized by the Government of India.

11. Dispute Resolution and Governing Law

11.1 Governing Law: These Terms shall be governed by the laws of India, with jurisdiction in New Delhi. 11.2 Binding Arbitration: Any dispute arising out of or relating to these Terms shall be determined by binding arbitration in New Delhi, India. 11.3 Class Action Waiver: You agree that any proceedings will be conducted solely on an individual basis, not as a class action. 11.4 Severability: If any provision of these Terms is held invalid, the remaining provisions will remain in full effect.

12. Modification of Terms

RetailBrain reserves the right to modify these Terms at any time. Continued use of the platform after modifications constitutes explicit acceptance of the updated Terms.

If you have any questions regarding these Terms, please contact legal@retailbrain.online.