RetailSpec Terms of Service
These Terms of Service ("Terms") are an agreement between [RetailSpec legal entity name], [address] ("RetailSpec", "we", "us") and the business that creates a RetailSpec account ("Merchant", "you"). By creating an account, or by using RetailSpec, you accept these Terms on behalf of your business. The person accepting confirms they are authorized to bind the business.
1. The service
RetailSpec is software for running a retail business: catalogue and Brand Library content, inventory, purchasing, point of sale, online storefronts, orders, fulfilment and shipping, customers and loyalty, marketing email, reports and accounting connections (the "Service"). We may add, change or retire features. When a change materially reduces what your plan includes, we will tell you in advance.
2. Your account
- Each Merchant account has one Owner, who controls billing and who can manage Admins. Admins and other staff are added by invitation. You are responsible for everything done under your account and for keeping sign-in details private.
- Only the person a password belongs to ever knows it. We never ask for your password and will never send one to you.
- Tell us promptly at [contact email] if you suspect unauthorized access.
3. Fees and billing
- Plans, prices and what each includes are shown when you subscribe. Subscriptions are billed in advance through Stripe and renew automatically until cancelled.
- Some features are metered: they are billed by use, at the rates shown in your console. This includes AI features, where usage is billed as it happens. Shipping labels bought through RetailSpec are charged to your prepaid shipping balance.
- Fees exclude taxes, which are added where required.
- If a payment fails, we will tell you and retry. Accounts that remain unpaid may be limited or suspended after notice. Fees already paid are not refundable except where the law requires otherwise or we say so in writing.
4. Your data
- You own your data. This includes your products, prices, stock, orders, customers, staff records and content ("Merchant Data").
- Each Merchant's data is kept in its own dedicated database, never one shared with other merchants.
- You give us permission to host, process, copy and display Merchant Data only as needed to provide, secure and support the Service, and as you direct (for example, publishing your storefront or sending your email).
- We do not sell Merchant Data, and we do not use it to train AI models.
- You can export your data at any time from the console.
- When your account closes, we keep Merchant Data for 30 days so you can export it, then delete it, except for what the law requires us to keep.
- Where Merchant Data includes personal data about your customers, we process it on your behalf under our Data Processing Agreement, which forms part of these Terms.
5. Payments, carriers and other connected services
- Card payments are processed by Stripe through your own Stripe account. RetailSpec is not a payment processor, money transmitter or bank, and does not hold your sales proceeds.
- Shipping uses carriers and EasyPost. Accounting connections (for example QuickBooks, Xero or Business Central), point-of-sale connections and other third-party services are governed by those providers' own terms. We are not responsible for their availability or their actions.
6. AI features
- RetailSpec includes features that use artificial intelligence, such as writing and translating product content, reading documents, answering questions and generating images.
- AI output can be wrong or incomplete. You remain responsible for reviewing what is published or sent in your name.
- AI requests are processed by our AI providers under their business terms. Usage is metered and shown in your console.
7. Your store and your customers
You are the seller to your customers. You are responsible for:
- your products, prices, store policies and promotions;
- the taxes you charge and file;
- age-restricted sales;
- compliance with consumer, privacy, marketing and other laws that apply to your business.
RetailSpec provides tools to help (for example policy templates, tax calculation and consent settings), but does not give legal or tax advice.
8. Acceptable use
You will use the Service lawfully and in line with our Acceptable Use Policy. We may suspend content or accounts that put the Service, other merchants or the public at risk, with notice where practical.
9. Intellectual property
- We own the Service, its software and our Brand Library compilation. You own your Merchant Data and your content.
- Brand content handed down from the Brand Library may be used in your stores while you are subscribed to that brand.
- Feedback you give us may be used without obligation.
10. Confidentiality and security
Each party will protect the other's confidential information with reasonable care. We use industry-standard safeguards, including encryption in transit, encrypted storage of credentials, access controls and dedicated databases. No system is perfectly secure, and we will notify you of a security incident affecting your data as the law requires.
11. Warranties and disclaimer
We will provide the Service with reasonable skill and care. Except as stated in these Terms, the Service is provided "as is", without other warranties, express or implied, including merchantability, fitness for a particular purpose and non-infringement.
12. Limitation of liability
To the extent the law allows:
- neither party is liable for indirect, incidental, special or consequential damages, or for lost profits or revenue;
- each party's total liability under these Terms is limited to the fees you paid us in the 12 months before the claim.
These limits do not apply to your payment obligations, a party's indemnity obligations, or liability that cannot be limited by law.
13. Indemnity
You will defend and indemnify RetailSpec against third-party claims arising from your products, your content, your store's sales or your breach of these Terms or the law. We will defend and indemnify you against third-party claims that the Service, as we provide it, infringes their intellectual property.
14. Term and termination
- These Terms apply while you have an account. You can cancel at any time; cancellation takes effect at the end of the paid period.
- We may end or suspend the Service for material breach not cured within 15 days of notice, or immediately where required by law or to prevent harm.
- Sections that by their nature should survive (data deletion, payment, liability, indemnity) survive.
15. Changes to these Terms
We may update these Terms. We will give at least 30 days' notice of material changes, by email or in the console. Continued use after a change takes effect means you accept it. Each version is dated, and the version you accepted is recorded with your account.
16. General
- Governing law: these Terms are governed by the laws of [State], USA, and disputes are heard in the courts of [County, State], unless the law of your country requires otherwise.
- Entire agreement: these Terms, together with the Privacy Policy, the Data Processing Agreement and the Acceptable Use Policy, are the entire agreement between us on their subject.
- Severability: if a provision is unenforceable, the rest remains in effect.
- Assignment: neither party may assign these Terms without consent, except to a successor of its business.
17. Contact
[RetailSpec legal entity name] · [address] · [contact email]