Legal
Terms of Service
Last updated: [REVIEW: date of publication]
1. Agreement to these terms
These terms govern access to and use of the iTrack SCM platform provided by [REVIEW: registered legal entity name]. [REVIEW: how acceptance is formed — signature of an order form, acceptance on account creation, or continued use.]
2. Definitions
[REVIEW: define Customer, Authorised User, Customer Data, Platform, Order Form, Subscription Term, Documentation, Confidential Information.]
3. The service
The platform provides retail supply-chain planning across merchandise classification, store classification, store allocation, store replenishment and inter-store transfer, together with a multi-tenant workspace for managing users and data.
[REVIEW: state clearly that the platform produces recommendations, and that commercial decisions taken on them remain the customer's. This matters — it is the clause that separates planning support from liability for a bad buying decision.]
4. Accounts and authorised users
[REVIEW: credential security, responsibility for authorised users' acts, user limits, and the customer's obligation to revoke access for leavers promptly.]
5. Customer data and ownership
[REVIEW: confirm the customer retains all right, title and interest in Customer Data, and grant the licence needed to host and process it in order to provide the platform. State whether aggregated or anonymised data may be used to improve the service — this is frequently negotiated, so decide the default deliberately.]
6. Acceptable use
[REVIEW: prohibitions on reverse engineering, resale, benchmarking or publishing performance results, uploading unlawful content, and attempting to access another tenant's data.]
7. Intellectual property
[REVIEW: the platform, its planning engines and all underlying methods remain the property of [REVIEW: registered legal entity name]. This is the clause protecting the engine logic.]
8. Fees and payment
[REVIEW: pricing reference to the order form, invoicing cycle, payment window, interest on late payment, and treatment of GST and withholding tax.]
9. Term, suspension and termination
[REVIEW: subscription term and renewal, termination for cause and for convenience, grounds for suspension, and — importantly — data export on exit: what format, within what window, and when deletion follows.]
10. Service levels and support
[REVIEW: uptime commitment, support hours and channels, response and resolution targets by severity, planned maintenance windows, and any service credits. Commit only to what your monitoring can actually evidence.]
11. Confidentiality
[REVIEW: mutual confidentiality, permitted disclosures, and survival period.]
12. Warranties and disclaimers
[REVIEW: limited warranty of substantial conformance with documentation, and the disclaimer of implied warranties.]
13. Limitation of liability
[REVIEW: liability cap, exclusion of indirect and consequential loss, and the carve-outs that survive the cap. A commercial decision — take advice on the cap.]
14. Indemnities
[REVIEW: IP infringement indemnity, and any customer-side indemnity for its data.]
15. Order of precedence
[REVIEW: state whether a signed Master Services Agreement or order form overrides these terms. Without this clause, a negotiated contract and this page can contradict each other with no rule for resolving it.]
16. Data protection
Processing of personal data is described in our Privacy Policy. [REVIEW: reference the Data Processing Agreement, which enterprise customers will require as a separate signed document.]
17. Changes to these terms
[REVIEW: how changes are notified and when they take effect.]
18. Governing law and jurisdiction
[REVIEW: governing law and the courts or arbitral seat. For an Indian entity serving Indian retailers this is normally Indian law with a named city's courts.]
19. Contact
[REVIEW: registered legal entity name]
[REVIEW: registered office address, city, state, PIN]
hello@itrackscm.com