These Terms of Service (the “Terms”) govern your access to and use of Stockmind, a software-as-a-service replenishment-intelligence application. Please read them carefully. By accessing or using the Service, you agree to be bound by these Terms.
The provider
1. Definitions
“Service” means the Stockmind application, including its calculation engine, dashboards, integrations, and documentation. “Client Data” means the data you provide or that the Service retrieves on your behalf, including inventory, sales, supplier, and product records. “Output” means the reorder suggestions, velocity calculations, analyses, and reports the Service generates. “You” or “Client” means the party subscribing to the Service.
2. The Service
Subject to your compliance with these Terms and payment of applicable fees, Acode LLC grants you a non-exclusive, non-transferable right to access and use the Service for your internal business purposes during your subscription. We provide the Service with reasonable skill and care and use commercially reasonable efforts to keep it available. We may update or improve the Service from time to time, provided that such changes do not materially degrade the core functionality you subscribed to.
3. Decision Support Only
This section is fundamental to how you use the Service and how risk is allocated between us.
The Service produces suggestions, estimates, and analyses intended to support your decision-making. The Output is generated by statistical calculation from historical and current data and is inherently probabilistic. It does not constitute a guarantee, forecast, or professional advice.
You retain sole responsibility for all purchasing, reordering, stocking, and other business decisions. Any reliance on the Output is at your own risk, and you are expected to apply your own commercial judgement before acting on it. We do not warrant that using the Service will prevent stockouts or overstock, increase sales, reduce costs, or achieve any particular outcome.
4. Your Obligations
- Provide accurate, complete, and current Client Data, and ensure you have the rights to connect any warehouse or e-commerce system and to allow us to process that data.
- Keep your credentials confidential; you are responsible for activity under your account and must notify us promptly of any unauthorised access.
- Do not copy, modify, reverse-engineer, resell, or sublicense the Service; do not use it to build a competing product; do not introduce malicious code or attempt unauthorised access; and do not use the Service unlawfully.
5. Fees, Payment, and Refunds
Subscription fees are set out at the point of purchase or in your applicable order. Our order process and payment collection are conducted by our online reseller Paddle.com, which acts as the Merchant of Record for all orders. Fees are exclusive of applicable taxes and are billed in advance for each billing period. You may cancel your subscription at any time, with cancellation taking effect at the end of the current billing period.
Refunds are handled by Paddle in accordance with the Paddle Refund Policy and Paddle Buyer Terms, and as summarised in our Refund Policy. Nothing in these Terms limits your statutory consumer rights.
6. Intellectual Property
As between the parties, Acode LLC owns all rights in the Service, including its software, algorithms, calculation methods, design, and documentation. You own all rights in your Client Data and grant us a licence to host and process it solely to provide the Service. We may use aggregated, de-identified data that does not identify you or any individual to operate and improve the Service.
7. Data Protection and Security
Our handling of your data is described in our Privacy Policy. We implement commercially reasonable technical and organisational measures to protect Client Data. No system is completely secure, and we do not warrant that the Service will be free from all vulnerabilities. Where we process personal data on your behalf, we act as a processor and you as controller, and will enter into a data processing agreement where required by applicable law.
8. Warranties and Disclaimers
Except as expressly stated, the Service and all Output are provided “as is” and “as available.” To the maximum extent permitted by law, we disclaim all other warranties, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, accuracy, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or that the Output will be accurate or complete.
9. Limitation of Liability
To the maximum extent permitted by law, neither party is liable for any indirect, incidental, special, or consequential damages, or for loss of profits, revenue, goodwill, or business, or for losses arising from decisions made in reliance on the Output. Our total aggregate liability arising out of or relating to the Service will not exceed the total fees you paid in the twelve (12) months preceding the event giving rise to the liability. Nothing excludes liability that cannot be excluded under applicable law, including for fraud, wilful misconduct, or gross negligence.
10. Term and Termination
These Terms apply for the duration of your subscription and any renewals. Either party may terminate for material breach that remains uncured 30 days after written notice. We may suspend or terminate access immediately where necessary to prevent harm, to comply with law, or for non-payment. On termination, your right to access the Service ends; you may request export of your Client Data within 30 days, after which we may delete it in the ordinary course, subject to any retention required by law. Sections that by their nature should survive termination will do so.
11. Governing Law and Disputes
These Terms are governed by the laws of the Republic of Armenia, without regard to conflict-of-laws rules. The parties will first attempt to resolve disputes in good faith; failing that, the competent courts of Yerevan, Armenia shall have exclusive jurisdiction, unless the parties agree in writing to binding arbitration.
12. Changes to These Terms
We may update these Terms from time to time. Material changes will be notified with reasonable advance notice and take effect at your next renewal or as stated in the notice. Your continued use of the Service after the effective date constitutes acceptance.
13. Contact
Questions about these Terms can be sent to [email protected] or by post to Acode LLC, Pushkin Street 46, 0010 Yerevan, Armenia.