Terms of Service

You must be at least 18 years old and have the legal capacity to enter into a binding agreement to use our Services. By using our Services, you represent that you meet these requirements.

If you are using our Services on behalf of a business or organization, you represent that you have authority to bind that entity to these Terms.

To use most features of our Services, you must create an account. You agree to:

• Provide accurate, current, and complete information.
• Maintain and update your information.
• Keep your password secure and confidential.
• Notify us immediately of any unauthorized access.
• Be responsible for all activities under your account.

We reserve the right to suspend or terminate accounts that violate these Terms.

Subscription plans

We offer various subscription plans with different features, limits, and pricing. The specific plans, features, and prices are described on our pricing page and may be updated from time to time.

Billing

• Subscription fees are billed in advance on a monthly or annual basis according to your chosen plan.
• Usage-based fees (such as AI Product Optimizer credit purchases) are billed at time of purchase.
• All fees are non-refundable except as required by law or as expressly stated in these Terms.
• Failure to pay may result in suspension or termination of your account.

Annual subscriptions

If you select an annual subscription, you may cancel within 30 days of initial purchase for a full refund. After 30 days, annual subscriptions are non-refundable except as required by law.

Price changes

We may change subscription prices with at least 30 days notice. Price changes apply to subsequent billing periods.

Taxes

Prices do not include applicable taxes. You are responsible for paying all taxes associated with your use of our Services.

You agree NOT to use our Services to:

• Violate any applicable laws or regulations.
• Infringe on the intellectual property rights of others.
• Sell counterfeit, illegal, or prohibited goods.
• Engage in fraud, money laundering, or other illegal activities.
• Interfere with or disrupt our Services or servers.
• Attempt to gain unauthorized access to our systems.
• Use our Services to send spam or unsolicited communications.
• Reverse engineer, decompile, or attempt to extract source code from our Services.
• Misrepresent your identity or affiliation.
• Violate the terms of sales channels or other services you connect to through Appath.

We reserve the right to suspend or terminate accounts that violate these acceptable use policies.

Your data

You retain all rights to the data you provide to or generate through our Services ("Customer Data"), including your product catalogs, order information, customer information, and business data.

License to Appath

You grant Appath a worldwide, non-exclusive, royalty-free license to use, store, process, and display Customer Data solely to provide the Services to you. This license terminates when you delete your data or close your account.

Responsibility for Customer Data

You are responsible for:

• The accuracy and legality of your Customer Data.
• Obtaining necessary consents from third parties (e.g., your customers) for data processing.
• Backing up your data (while we maintain backups, we recommend you maintain your own).

Data portability

You may export your data from the platform at any time. We provide data export tools to facilitate migration to other services.

AI Product Optimizer

AI Product Optimizer generates optimized product listings using artificial intelligence. You acknowledge:

• AI-generated content may contain errors, inaccuracies, or omissions.
• You are responsible for reviewing and verifying AI-generated content before publishing.
• We do not guarantee specific results, rankings, or sales from AI-optimized listings.
• AI-generated content is provided "as is" and you assume responsibility for its use.

AI Assistant

AI Assistant provides conversational guidance about your operations. You acknowledge:

• AI Assistant responses may be inaccurate, incomplete, or outdated.
• AI Assistant is a tool for guidance, not a replacement for professional advice.
• You should verify important information before acting on AI Assistant responses.

Use of your data for AI

Our Services integrate with third-party platforms (sales channels, shipping carriers, payment processors, etc.). You acknowledge:

• Your use of third-party services is governed by their respective terms.
• We are not responsible for the availability, accuracy, or content of third-party services.
• Changes by third parties may affect functionality of our Services.
• You are responsible for complying with the terms of services you connect.

Our rights

The Services, including all software, design, text, graphics, and other content (excluding Customer Data), are owned by Appath or our licensors and are protected by intellectual property laws.

Limited license to you

We grant you a limited, non-exclusive, non-transferable, revocable license to use our Services in accordance with these Terms.

Restrictions

You may not:

• Copy, modify, or create derivative works of our Services.
• Sublicense, sell, or transfer your account or rights under these Terms.
• Remove or alter any proprietary notices.

Feedback

If you provide feedback or suggestions about our Services, we may use them without restriction or compensation to you.

We do not warrant that:

• The Services will be uninterrupted, secure, or error-free.
• AI-generated content will be accurate, complete, or appropriate for your use.
• Defects will be corrected.
• The Services will meet your specific requirements.

You use our Services at your own risk.

• Indirect, incidental, special, consequential, or punitive damages.
• Loss of profits, revenue, data, or business opportunities.
• Damages arising from your use or inability to use the Services.
• Damages resulting from unauthorized access to your data.
• Damages resulting from actions of third-party services.

These limitations apply regardless of the legal theory and even if we have been advised of the possibility of such damages.

You agree to indemnify, defend, and hold harmless Appath and its directors, officers, employees, and agents from any claims, damages, losses, or expenses (including attorney's fees) arising from:

• Your violation of these Terms.
• Your violation of any law or third-party rights.
• Your Customer Data.
• Your use of our Services.
• Your products or services sold through channels connected to our Services.

By you

You may cancel your account at any time through your account settings or by contacting us. Cancellation takes effect at the end of your current billing period.

By us

We may suspend or terminate your account if:

• You violate these Terms.
• You fail to pay fees when due.
• Your use poses a security or legal risk.
• Required by law or regulation.

Effect of termination

Upon termination:

• Your right to use the Services ends immediately.
• You may export your data within 30 days of termination.
• After 30 days, we may delete your data.
• Provisions that by their nature survive termination remain in effect.

We may modify these Terms from time to time. We will notify you of material changes by:

• Posting the updated Terms on our website.
• Updating the "Last Updated" date.
• Sending email notification for significant changes.

Your continued use of the Services after changes indicates acceptance of the modified Terms. If you do not agree to the changes, you must stop using the Services.

These Terms are governed by the laws of Delaware without regard to conflict of laws principles.

Arbitration

Any dispute arising from these Terms or our Services shall be resolved through binding arbitration administered by the American Arbitration Association in Houston, Texas. Either party may seek injunctive relief in court for intellectual property infringement.

Class action waiver

You waive any right to participate in a class action against Appath.

Time limit

Any claim must be brought within one (1) year of the events giving rise to the claim, or it is permanently barred.

Entire agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Appath regarding the Services.

Severability

If any provision is found invalid or unenforceable, the remaining provisions remain in effect.

Waiver

Our failure to enforce any right or provision does not waive that right or provision.

Assignment

You may not assign or transfer these Terms without our written consent. We may assign these Terms freely.

Force majeure

We are not liable for failures due to events beyond our reasonable control (natural disasters, war, government action, internet outages, etc.).

Notices

We may provide notices through the Services, by email, or by posting on our website. You must keep your email address current.

Contact