1. The service
ROSETIQ INC. ("Rosetiq", "we") provides an analytics service that reads data from the Customer's connected
marketplace and advertising accounts, computes profit, inventory, advertising and customer figures from that
data, and presents those figures to the Customer's authorised users. The service is described on the
product page and its calculations on the methodology page.
The service is read-only with respect to the Customer's connected accounts. It does not create, change or
cancel orders, listings, prices, bids, campaigns or any other object in those accounts.
2. Subscription and payment
The service is provided under a subscription per seller account, on the plan and at the price stated in the
Customer's quotation. The subscription runs for a twelve-month term and is invoiced monthly in advance. A pilot period, if agreed, is governed by the same terms for
its duration. Fees are exclusive of applicable taxes. Fees paid are not refundable except where these terms or
the law require otherwise. The price agreed at the start of a subscription is held for the first three renewal
terms, provided the subscription renews without interruption.
Onboarding, historical backfill beyond the standard window, and additional seller accounts or marketplaces
are priced separately as stated in the quotation.
3. Connecting accounts
The Customer authorises Rosetiq to access its marketplace and advertising accounts through the authorisation
mechanisms those platforms provide. The Customer represents that it is entitled to grant that authorisation
for each account it connects, and that its use of the service complies with the terms of the platforms
concerned. The Customer may withdraw the authorisation at any time in its own account settings; doing so stops
further retrieval of data and may make parts of the service unavailable. Advertising-platform authorisations
expire after one year and must be renewed by the Customer; retrieval for that account pauses until they are.
4. Users and access
The Customer designates one or more administrators, who may invite users and set each user's page
permissions. The Customer is responsible for its users' compliance with these terms and for keeping
credentials confidential. Rosetiq may suspend a user account that it reasonably believes is compromised, and
will notify the Customer's administrator when it does so.
5. Permitted and prohibited use
The Customer may use the service for the analysis of its own business. The Customer and its users must
not:
- connect an account they are not entitled to connect, or use the service to obtain data about another
seller's accounts;
- attempt to access data belonging to another customer of Rosetiq, or to circumvent access controls;
- probe, scan or test the service for vulnerabilities other than as described on the
security section of the privacy policy;
- resell or provide the service to third parties, except that an agency Customer may use the service on
behalf of the brands it is engaged by, under an agency plan;
- use the service in breach of the terms of any platform whose data it processes, or of applicable law.
6. The Customer's data
Data retrieved from the Customer's connected accounts and data entered by the Customer's users remain the
Customer's. Rosetiq processes that data only to provide the service to the Customer, as described in the
privacy policy, and does not sell it, share it with other customers, aggregate it across
customers, or use it to train models.
Data obtained from a marketplace or advertising platform is also subject to that platform's data-protection
and acceptable-use terms, which Rosetiq is bound by and which the Customer agrees not to cause Rosetiq to
breach. On termination, the Customer's data is deleted as described in the privacy policy.
7. Figures and decisions
Rosetiq computes figures from the records available to it, marks which figures are preliminary, and shows
the source of each figure on request. The Customer remains responsible for the business decisions it makes
using those figures. Rosetiq does not warrant that the records supplied by a platform are complete or correct,
or that a preliminary figure will not change when the platform's reporting settles.
8. Availability and changes
Rosetiq aims to keep the service available continuously and updates data on the schedule described on the
methodology page. Planned maintenance is announced in the service in advance where practicable. Rosetiq may
improve or change features of the service; a change that removes a material capability the Customer relies on
is notified to the Customer's administrator in advance.
9. Confidentiality
Each party keeps the other's non-public information confidential and uses it only for the purposes of the
subscription. This obligation continues after the subscription ends. It does not apply to information that is
public, already known to the receiving party, independently developed, or required to be disclosed by law,
in which case the disclosing party is notified where lawful.
10. Intellectual property
The service, its software, design and documentation are the property of ROSETIQ INC. and its licensors. The
Customer receives a non-exclusive, non-transferable right to use the service for the subscription term. No
other rights are granted. Feedback the Customer gives about the service may be used by Rosetiq without
obligation.
11. Warranties and liability
Rosetiq warrants that it will provide the service with reasonable skill and care and substantially as
described. Except as stated in these terms, the service is provided without other warranties, express or
implied, to the extent permitted by law.
To the extent permitted by law, neither party is liable to the other for indirect or consequential loss,
loss of profit, or loss of business, and Rosetiq's total liability under or in connection with the
subscription in any twelve-month period is limited to the fees paid by the Customer for that period. Nothing
in these terms limits liability for fraud, wilful misconduct, or a breach of confidentiality or of section 6.
12. Term and termination
The subscription runs for the term stated in the quotation and renews for successive terms unless either
party gives notice of non-renewal at least thirty days before the end of the current term. Either party may
terminate for a material breach that is not remedied within thirty days of written notice. Rosetiq may
suspend the service, or a single user's access, immediately if the Customer's use threatens the security or
integrity of the service or of a platform it connects to, or breaches the terms of such a platform, and will
notify the Customer when it does so. Where the terms of a platform whose data the Customer has connected require
it, Rosetiq will also notify that platform of the suspension and its reason.
On termination, the Customer's access ends, and the Customer's data is deleted as described in the privacy
policy. The Customer may request an export of the data it entered before deletion.
13. Governing law
These terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable
there. The parties submit to the exclusive jurisdiction of the courts of Ontario, without prejudice to either
party's right to seek injunctive relief in any competent court.
14. General
These terms, together with the Customer's quotation and any signed subscription agreement, are the entire
agreement between the parties on their subject. If a provision is found unenforceable, the remainder stands.
Neither party may assign the agreement without the other's consent, except to a successor of its business.
Notices are given by e-mail to the addresses each party has registered.
15. Contact
ROSETIQ INC.
160 Densmore Road, Unit 38, Cobourg, Ontario K9A 0X8, Canada
support@rosetiq.com