1. Acceptance of Terms
By accessing or using the Elvarion Labs website at elvarionlabs.com or the Elvarion Forecast™ platform (together, the "Services"), you agree to be bound by these Terms of Service ("Terms"). If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity.
2. Description of Service
Elvarion Labs provides an AI-powered retail planning platform, Elvarion Forecast™, that ingests operational data from inventory, sales, warehouse, supplier, and merchandising systems to generate demand forecasts and inventory recommendations. The Services are provided on a subscription basis to enterprise and mid-market retail customers.
3. Accounts & Eligibility
You must provide accurate and complete information when creating an account and are responsible for maintaining the confidentiality of your login credentials. You must be authorized to act on behalf of your organization to create an account for that organization.
- You are responsible for all activity that occurs under your account.
- You agree to notify us promptly of any unauthorized use of your account.
- Elvarion Labs may suspend accounts that show signs of misuse or unauthorized access.
4. Subscriptions & Fees
Access to Elvarion Forecast™ is provided under a subscription agreement set out in an order form or statement of work. Fees are billed in advance on the frequency specified in your agreement and are non-refundable except as required by law or expressly stated otherwise.
Late payments may result in suspension of access to the Services following written notice and a reasonable cure period.
5. Customer Data
You retain all ownership rights to the operational data you submit to the Services ("Customer Data"). You grant Elvarion Labs a limited license to process Customer Data solely to provide, maintain, and improve the Services, consistent with our Privacy Policy.
Aggregated or de-identified data that cannot reasonably be used to identify you or your organization may be used by Elvarion Labs to improve forecasting models across our customer base.
6. Acceptable Use
You agree not to misuse the Services. This includes, without limitation, agreeing not to:
- Attempt to reverse engineer, decompile, or gain unauthorized access to the platform or underlying models.
- Use the Services to store or transmit unlawful, infringing, or malicious content.
- Interfere with the integrity or performance of the Services or attempt to bypass usage limits.
- Resell or sublicense access to the Services without prior written consent.
7. Intellectual Property
Elvarion Labs retains all right, title, and interest in and to the Services, including the Elvarion Forecast™ platform, underlying software, models, and documentation. Nothing in these Terms transfers ownership of Elvarion Labs' intellectual property to you.
8. Warranties & Disclaimers
The Services are provided "as is." While Elvarion Labs works to ensure forecast recommendations are accurate and useful, we do not guarantee specific business outcomes, and forecasts should be reviewed by qualified personnel before action is taken.
9. Limitation of Liability
To the maximum extent permitted by applicable law, Elvarion Labs shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenue, arising from your use of the Services.
10. Term & Termination
These Terms remain in effect for as long as you use the Services or as specified in your subscription agreement. Either party may terminate for material breach that remains uncured after thirty (30) days' written notice.
11. Governing Law
These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles. Any disputes shall be subject to the exclusive jurisdiction of the courts located in Toronto, Ontario.
12. Changes to These Terms
We may update these Terms from time to time. Material changes will be communicated via email or through the Services at least fifteen (15) days before taking effect. Continued use of the Services after changes take effect constitutes acceptance.
13. Contact Us
Questions about these Terms can be directed to legal@elvarionlabs.com or Elvarion Labs, 130 King Street West, Toronto, Ontario, Canada.