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Terms of Service

Last updated: January 30, 2025

These Terms of Service ("Terms") govern your access to and use of Kudimetrics ("Service"), operated by Kudimetrics, Inc. ("Kudimetrics," "we," "our," or "us"). By accessing or using the Service, you agree to be bound by these Terms.

1. Acceptance of Terms

By creating an account or using the Service, you confirm that you are at least 18 years old, have the authority to bind the business entity you represent (if applicable), and agree to these Terms and our Privacy Policy.

2. Description of Service

Kudimetrics provides pricing analytics and optimization software for e-commerce merchants. The Service analyzes your store's order and product data to generate pricing recommendations, elasticity analysis, competitive price monitoring, and promotion ROI calculations.

Pricing recommendations provided by the Service are advisory only. You retain full responsibility for all pricing decisions made for your store.

3. Accounts and Access

You are responsible for maintaining the security of your account credentials and for all activities that occur under your account. You must notify us immediately at support@kudimetrics.com if you suspect unauthorized use of your account.

4. Subscriptions and Billing

The Service is offered on a subscription basis. Subscription fees are billed in advance on a monthly or annual basis depending on the plan you select. Prices are listed on our Pricing page.

You may cancel your subscription at any time. Cancellation takes effect at the end of the current billing period. We do not provide pro-rated refunds for partial billing periods, except as required by our 60-day money-back guarantee or applicable law.

We reserve the right to modify pricing with 30 days' advance notice. Continued use of the Service after a price change constitutes your acceptance of the new price.

5. Free Trial

We offer a 14-day free trial for new accounts. No credit card is required to start a trial. At the end of the trial period, you must subscribe to continue accessing the Service. Trial accounts that are not converted to paid subscriptions will be deactivated.

6. Your Data

You retain ownership of all data you provide to or generate through the Service ("Your Data"). You grant Kudimetrics a limited, non-exclusive license to access and process Your Data solely to provide the Service to you.

We do not sell Your Data to third parties. Our use of Your Data is governed by our Privacy Policy.

7. Acceptable Use

You agree not to: (a) use the Service for any unlawful purpose; (b) attempt to gain unauthorized access to any part of the Service; (c) interfere with or disrupt the Service or servers; (d) reverse-engineer, decompile, or disassemble any part of the Service; (e) resell or sublicense access to the Service without our written consent.

8. Intellectual Property

The Service and all content, features, and functionality — including but not limited to software, text, graphics, logos, and icons — are the exclusive property of Kudimetrics or its licensors and are protected by intellectual property laws.

9. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, KUDIMETRICS DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Pricing recommendations are based on statistical models and historical data. We do not guarantee any specific business outcome, revenue improvement, or margin increase.

10. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, KUDIMETRICS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SERVICE. OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING FROM THESE TERMS SHALL NOT EXCEED THE AMOUNT YOU PAID TO KUDIMETRICS IN THE TWELVE MONTHS PRECEDING THE CLAIM.

11. Termination

We may suspend or terminate your access to the Service immediately if you breach these Terms. Upon termination, your right to use the Service ceases. Provisions of these Terms that by their nature should survive termination will survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

12. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions.

13. Changes to Terms

We may update these Terms from time to time. We will provide notice of significant changes by email or by posting a notice on the Service. Continued use of the Service after changes constitutes acceptance of the revised Terms.

14. Contact

Questions about these Terms? Contact us at legal@kudimetrics.com or visit our Contact page.