These Terms of Service (“Terms”) govern your access to and use of the Audaxim AI website at audaximai.com (the “Website”) and the software, integrations, data services and related professional services we provide (the “Services”). “Audaxim AI,” “we,” “us” and “our” refer to the provider of the Services. “Client,” “you” and “your” refer to the business or individual using the Website or Services.
Acceptance of these Terms
By accessing the Website or using the Services, you agree to these Terms. If you use the Services on behalf of a company or other organization, you represent that you have authority to bind that organization, and “you” refers to that organization.
If you and Audaxim AI have signed a master services agreement, order form, statement of work or similar document (an “Agreement”), that Agreement controls to the extent it conflicts with these Terms.
The Services
Our Services may include connecting e-commerce marketplaces to ERP systems, data warehouses and business intelligence tools; automating inventory, order, fulfillment, purchasing and reconciliation workflows; and related consulting, implementation and support.
The scope, deliverables, timelines and service levels for any engagement are defined in the applicable Agreement. We may improve or modify features over time.
Accounts and access
Some Services require an account or credentials. You agree to:
- Provide accurate and current information.
- Keep usernames, passwords, API keys and access tokens confidential.
- Limit access to authorized personnel and remove access promptly when no longer needed.
- Notify us promptly of any suspected unauthorized access.
You are responsible for activity under your accounts, except to the extent caused by our breach.
Client responsibilities
To allow us to deliver the Services, you agree to:
- Grant the access, permissions and credentials to third-party platforms reasonably needed for the work.
- Provide timely, accurate information, decisions and approvals, including business rules and account mappings.
- Review and test deliverables in a reasonable time and report issues.
- Maintain your own third-party platform subscriptions and comply with their terms.
- Ensure you have the rights, notices and consents needed for us to process data you make available to us.
Delays caused by incomplete information or your acts or omissions may affect timelines and fees.
Acceptable use
You may not, and may not allow others to:
- Use the Website or Services in violation of any law or third-party rights.
- Attempt to gain unauthorized access to our systems or other clients’ data.
- Interfere with or disrupt the integrity or performance of the Services.
- Reverse engineer, decompile or copy the Services, except as permitted by law.
- Use the Services to violate the policies of any marketplace or platform, including policies on listings, pricing or data use.
- Upload malicious code or resell the Services without our written consent.
We may suspend access if we reasonably believe your use poses a security risk or violates these Terms.
Fees and payment
Fees, billing schedules, payment terms and any applicable taxes are set out in the applicable order form, statement of work or Agreement. Unless stated otherwise there, fees are non-refundable and exclude taxes, which you are responsible for paying (other than taxes on our income). We may suspend Services for undisputed amounts that remain overdue after notice.
Fees for third-party platforms, such as marketplace, ERP, data warehouse, BI or connector subscriptions, are your responsibility unless the Agreement expressly states otherwise.
Intellectual property
We and our licensors retain all rights in the Website, the Services, and our pre-existing and generally applicable software, tools, templates, frameworks, know-how and documentation, including improvements to them (“Audaxim AI Materials”).
You retain all rights in your data and in materials you provide to us. Subject to payment of applicable fees, ownership of or license rights to deliverables created specifically for you are as described in the applicable Agreement. Where Audaxim AI Materials are incorporated into a deliverable, we grant you a non-exclusive, non-transferable license to use them as part of that deliverable for your internal business purposes.
If you provide feedback or suggestions, we may use them without obligation to you.
Confidentiality
Each party may receive non-public information from the other that is marked confidential or would reasonably be understood as confidential (“Confidential Information”). The receiving party will use Confidential Information only to perform or receive the Services, protect it with at least reasonable care, and disclose it only to personnel and contractors who need to know it and are bound by similar obligations.
These obligations do not apply to information that is or becomes public through no fault of the receiving party, was already known without restriction, is independently developed, or is rightfully received from a third party. A party may disclose Confidential Information when required by law, after giving reasonable notice where permitted.
Third-party platforms
The Services interoperate with third-party platforms, including Amazon, Walmart, eBay, Shopify, Target, Wayfair, Mirakl, BigCommerce, NetSuite, Snowflake, Amazon Redshift, Google BigQuery, Power BI, Tableau and Looker. Audaxim AI is not affiliated with, endorsed by or sponsored by these companies, and all trademarks belong to their respective owners.
Third-party platforms are governed by their own terms. We do not control them and are not responsible for their availability, API changes, fees, policy decisions or account actions. Platform changes may require updates to the Services, handled under your support plan or as additional work.
Disclaimer of warranties
Except as expressly stated in an Agreement, the Website and Services are provided “as is” and “as available.” To the fullest extent permitted by law, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title and non-infringement.
We do not warrant that the Services will be uninterrupted or error-free. Forecasts, repricing recommendations, analytics and reports are tools to support your decisions; you remain responsible for business, financial, tax and accounting decisions and for reviewing outputs before relying on them.
Limitation of liability
To the fullest extent permitted by law, neither party will be liable for any indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, goodwill or data, arising out of or relating to these Terms or the Services, even if advised of the possibility of such damages.
To the fullest extent permitted by law, each party’s total liability arising out of or relating to these Terms or the Services will not exceed the fees paid or payable by you to Audaxim AI for the Services giving rise to the claim during the twelve months before the event giving rise to liability, unless the applicable Agreement states a different limit. These limits do not apply to liability that cannot be limited by law.
Indemnification
You will defend, indemnify and hold harmless Audaxim AI and its personnel from third-party claims, losses and expenses (including reasonable attorneys’ fees) arising from your data, your use of the Services in violation of these Terms or applicable law, or your breach of third-party platform terms.
Where the applicable Agreement includes indemnification obligations from Audaxim AI, those obligations apply as written in that Agreement.
Term and termination
These Terms apply for as long as you use the Website or Services. The term and termination rights for paid engagements are set out in the applicable Agreement. Either party may terminate for material breach that is not cured within thirty days after written notice, unless the Agreement provides otherwise.
On termination, your right to use the Services ends, you will pay fees due for work performed through the termination date, and we will return or delete your data as described in the Agreement and our Privacy Policy. Provisions that by their nature should survive termination will survive.
Governing law and disputes
These Terms and any dispute arising from them are governed by the law and venue as specified in the applicable agreement. Where no Agreement specifies governing law, the parties will first attempt to resolve disputes through good-faith negotiation.
Changes to these Terms
We may update these Terms from time to time and will revise the “updated” date above. Where changes materially affect active clients, we will provide notice. Continued use of the Website or Services after changes take effect constitutes acceptance of the updated Terms.
Contact us
Questions about these Terms can be sent to:
- Email: Info@Audaxim.com
- Phone: +91 639-485-8809
- Website: audaximai.com