Terms of Service

These Terms of Service ("Terms") govern your use of RetailSight, Inc.'s (“RetailSight” or “We”) website, mobile applications, and related services (collectively, the "Platform"). By accessing or using the Platform, you agree to these Terms and our Privacy Policy. If you do not agree, do not use the Platform.

1. Accounts and Eligibility.

1.1 RetailSight is a business platform. You must be at least 18 years of age (or the age of majority in your jurisdiction, if higher) to use the Platform. Accounts are provisioned by or on behalf of the retailer, brand, or other organization you work with (your "Organization"). You must be authorized by your Organization to use the Platform, and if you use it on an Organization's behalf, you represent that you have authority to accept these Terms for that use. You agree to keep your credentials confidential and are responsible for all activity under your account. Notify us promptly of any suspected unauthorized access.

2. License and Acceptable Use.

2.1 We grant you a limited, non-exclusive, non-transferable license to use the Platform for your Organization's internal business purposes. You must not: (a) Use the Platform for any unlawful purpose or in violation of your Organization's policies; (b) Capture imagery of people, or scan locations where you do not have permission to photograph; (c) Share access with unauthorized users, or misrepresent your identity or role; (d) Copy, resell, sublicense, or provide the Platform to third parties, or use the Platform or any data obtained through it to develop, train, or improve any competing product or service; (e) Reverse engineer, scrape, probe, or interfere with the Platform or its security features.

2.2 You agree to comply with all applicable export control and sanctions laws and regulations in connection with your use of the Platform. You represent that you are not located in, or a national or resident of, any country subject to a U.S. government embargo, and that you are not on any U.S. government restricted party list.

2.3 We may suspend or remove accounts that violate these rules or present security or compliance risk.

3. Scan Content and Organization Data.

3.1 Content captured through the Platform, including scan imagery, detected products and prices, notes, and related data, belongs to your Organization, subject to the agreement between your Organization and RetailSight. You grant RetailSight a non-exclusive, perpetual, irrevocable, worldwide, royalty-free, sublicensable license to host, process, and analyze that content to operate, secure, and improve the Platform, including improving our detection and analysis models. You are responsible for having the permissions needed to capture content you submit.

3.2 RetailSight may aggregate, anonymize, or de-identify content and data collected through the Platform, and may use such aggregated or de-identified data for any lawful business purpose, including benchmarking, analytics, product improvement, and industry trend analysis, without restriction or obligation to you or your Organization. Once aggregated, anonymized, or de-identified, such data is not considered content belonging to your Organization and may be retained and used by RetailSight indefinitely, including after termination of your access to the Platform.

4. Insights and No Warranty of Accuracy.

4.1 The Platform uses automated analysis, including machine learning, to generate shelf, pricing, and inventory insights. These outputs may contain errors or omissions and are provided to assist, not replace, your Organization's own judgment. Verify results before relying on them for business decisions.

5. Mobile Applications and Updates.

5.1 The mobile app may be distributed through the Apple App Store, TestFlight, Google Play, or direct installation, and use of those channels is also subject to the applicable store terms. The app may download and install updates automatically, including over-the-air content updates, to keep it current and secure. Pre-release (beta) versions may change or become unavailable at any time.

6. Intellectual Property.

6.1 The Platform, including its software, models, algorithms, design, and branding, is owned by RetailSight and its licensors and is protected by intellectual property laws. Except for the limited license granted above, no rights are transferred to you. Any feedback, suggestions, or ideas you provide about the Platform or any other RetailSight offerings ("Feedback") are provided voluntarily, and RetailSight may use, reproduce, license, distribute, and otherwise exploit Feedback for any purpose without restriction, compensation, or attribution.

7. Disclaimers.

7.1 The Platform is provided "as is" and "as available." To the fullest extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Platform will be uninterrupted, error-free, or that insights will be accurate or complete. The Platform may contain links to or integrate with third-party services or content. RetailSight does not control and is not responsible for the availability, accuracy, or practices of any third-party service, and your use of such services is at your own risk.

8. Limitation of Liability.

8.1 To the fullest extent permitted by law, RetailSight will not be liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, data, or business opportunities, regardless of the theory of liability and even if RetailSight has been advised of the possibility of such damages. Our total aggregate liability for all claims arising out of or related to the Platform or these Terms will not exceed the greater of the amount paid to us for the Platform in the 12 months before the event giving rise to the claim or one hundred U.S. dollars (US $100). The limitations in this section apply to the maximum extent permitted by applicable law. Some jurisdictions do not allow certain limitations, so parts of this section may not apply to you. To the extent permitted by applicable law, any claims arising out of or related to the Platform or these Terms must be brought on an individual basis and not as part of any class, consolidated, or representative action.

9. Indemnification.

9.1 You agree to indemnify, defend, and hold harmless RetailSight, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Platform in violation of these Terms or applicable law; (b) content you capture or submit through the Platform; (c) your or your Organization's violation of any third-party right, including any intellectual property or privacy right; or (d) any dispute between you and your Organization. RetailSight reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, at your expense. You agree to cooperate fully with RetailSight in the defense of any such claim.

10. Termination.

10.1 Your Organization or RetailSight may end your access at any time, for any reason or no reason, with or without notice. RetailSight may immediately suspend or terminate your access if you violate these Terms, if your Organization's agreement with RetailSight ends, or if continued access poses a security or compliance risk. Upon termination, your right to use the Platform ceases immediately, and you must delete any locally stored Platform materials. Sections that by their nature should survive termination (including Scan Content and Organization Data, Intellectual Property, Disclaimers, Limitation of Liability, Indemnification, Privacy, Governing Law, and General Provisions) survive.

11. Governing Law.

11.1 These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-law principles. Any dispute arising out of or related to these Terms or the Platform will be resolved in the state or federal courts located in Delaware, provided that any court of competent jurisdiction may hear an action to protect intellectual property rights or confidential information. Any claim arising out of or related to these Terms or the Platform must be filed within one (1) year after the cause of action accrues, or the claim is permanently barred. A separate written agreement between RetailSight and your Organization may supersede the dispute resolution provisions of this section.

12. Changes to These Terms.

12.1 We may update these Terms from time to time by posting the revised version on the Platform. If we make material changes, we will update the effective date above and, where appropriate, provide additional notice through the Platform or by email. Continued use of the Platform after the updated Terms are posted constitutes acceptance of those changes. If you do not agree to the updated Terms, you must stop using the Platform.

13. Privacy and Personal Data.

13.1 RetailSight's collection and use of personal information in connection with the Platform is described in our Privacy Policy, available at retailsight.ai/privacy, which is incorporated into these Terms by reference. RetailSight does not sell personal information collected through the Platform.

13.2 As between you and RetailSight, your Organization is responsible for ensuring that its use of the Platform complies with applicable data protection laws, including providing any required notices to and obtaining any required consents from its authorized users.

13.3 RetailSight maintains commercially reasonable administrative, technical, and physical safeguards designed to protect personal information. As described in Section 3, RetailSight may create and use aggregated or de-identified data that does not identify you or your Organization, and such data is not considered personal information under these Terms or the Privacy Policy. Additional details regarding RetailSight's data practices, retention, and security measures are set forth in the Privacy Policy.

14. General Provisions.

14.1 Severability. If any provision of these Terms is held unenforceable, the remaining provisions remain in full force and effect, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable.

14.2 Entire Agreement. These Terms, together with the Privacy Policy and any applicable agreement between RetailSight and your Organization, constitute the entire agreement between you and RetailSight regarding the Platform and supersede all prior or contemporaneous communications on the subject.

14.3 Waiver. No failure or delay by RetailSight in exercising any right under these Terms operates as a waiver of that right. A waiver on one occasion does not constitute a waiver on any future occasion.

14.4 Force Majeure. RetailSight will not be liable for any failure or delay in performance due to causes beyond its reasonable control, including natural disasters, acts of government, pandemics, labor disputes, internet or telecommunications failures, cyberattacks, or utility outages.

14.5 Assignment. You may not assign or transfer these Terms or your rights under them without RetailSight's prior written consent. RetailSight may assign these Terms freely, including in connection with a merger, acquisition, or sale of all or substantially all of its assets. Any attempted assignment in violation of this section is void.

14.6 Notices. RetailSight may provide notices to you by email to the address associated with your account or through the Platform. You are responsible for keeping your contact information current.

14.7 Electronic Communications. By using the Platform, you consent to receiving electronic communications from RetailSight, including emails, in-app notifications, and Platform messages. You agree that all notices, agreements, disclosures, and other communications that RetailSight provides electronically satisfy any legal requirement that such communications be in writing.

15. Contact.

15.1 Questions about these Terms? Reach us through the contact form at retailsight.ai.