By accessing or using the ShelfOptix analytics platform, dashboards, APIs, or related services (collectively, the "Platform"), you ("User," "you," or "your") agree to be bound by these Terms of Use ("Terms"). If you are using the Platform on behalf of an organization, you represent and warrant that you have authority to bind that organization to these Terms.
Important: If you do not agree to these Terms, you may not access or use the Platform. Your continued use of the Platform constitutes your acceptance of these Terms and any updates thereto.
ShelfOptix LLC ("ShelfOptix," "we," "us," or "our") provides retail analytics services including, but not limited to:
Robotic shelf-scanning data collection and analysis
On-shelf availability (OSA) monitoring and reporting
Price compliance analysis and verification
Phantom inventory detection and alerting
Planogram compliance reporting
New item tracking and distribution analytics
Point-of-sale (POS) data integration and analysis
AI-driven retail intelligence dashboards
The specific services available to you are determined by your service agreement or subscription plan.
To access the Platform, you must register for an account by providing accurate, current, and complete information. You agree to update your information as necessary to maintain its accuracy.
You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. You agree to notify ShelfOptix immediately of any unauthorized use of your account or any other breach of security. You shall use strong, unique passwords and enable multi-factor authentication when available.
If you are granted administrative privileges, you are responsible for managing user access within your organization, ensuring all users comply with these Terms, promptly revoking access for terminated employees or contractors, and maintaining accurate records of authorized users.
You agree to log out of your account at the end of each session, particularly when using shared or public devices. ShelfOptix may implement automatic session timeouts for security purposes.
Subject to these Terms, ShelfOptix grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform solely for your internal business purposes in accordance with your service agreement.
You agree not to:
Copy, modify, or create derivative works of the Platform or its content
Reverse engineer, decompile, or disassemble any portion of the Platform
Sell, resell, sublicense, or transfer access to the Platform to third parties
Use the Platform for any unlawful purpose or in violation of any applicable laws
Attempt to gain unauthorized access to any systems or networks connected to the Platform
Interfere with or disrupt the integrity or performance of the Platform
Use automated means (bots, scrapers, crawlers) to access the Platform without prior written consent
Remove or alter any proprietary notices, labels, or marks on the Platform
Share login credentials with unauthorized individuals
Attempt to circumvent any security measures or access controls
Download, export, or copy data in bulk beyond the scope of your authorized use
You retain all rights to the data you provide to ShelfOptix for processing ("Customer Data"). You grant ShelfOptix a limited license to use Customer Data solely to provide the services described herein and in accordance with our Privacy Policy.
The Platform may contain data provided by retailers, manufacturers, or other third parties ("Third-Party Data"), including but not limited to point-of-sale data, new item information, pricing data, and inventory data. You acknowledge that such data is provided subject to additional restrictions and remains the property of the respective data owners.
You agree that all data accessed through the Platform shall be used solely for authorized business purposes as specified in your service agreement. You shall not use data to gain unfair competitive advantage against data providers, share data with competitors of data providers, or use data in any manner that violates applicable laws or the rights of third parties.
ShelfOptix may collect and use anonymized, aggregated data derived from Platform usage for purposes of improving our services, conducting research, and generating industry benchmarks, provided such data does not identify you, your customers, or any individual.
ShelfOptix strives to provide accurate analytics, but we do not guarantee the accuracy, completeness, or reliability of any data, reports, or insights generated by the Platform. You are responsible for verifying information before making business decisions.
The Platform contains highly sensitive retail data including sales figures, pricing information, inventory levels, and new item data. Unauthorized access, disclosure, or misuse of this data may result in immediate termination of access and potential legal action.
You agree to implement and maintain reasonable security measures to protect all data accessed through the Platform, including:
Using secure, encrypted connections when accessing the Platform
Implementing access controls to limit data access to authorized personnel only
Maintaining up-to-date security software on devices used to access the Platform
Training employees on data security best practices
Implementing secure data handling procedures for any exported data
Maintaining audit logs of data access and downloads where applicable
You shall not:
Download or export data beyond the scope of your authorized use
Store Platform data on unsecured devices or cloud storage
Transmit Platform data via unencrypted channels
Share data with unauthorized third parties, including contractors without proper agreements
Attempt to access data belonging to other users or organizations
Use the Platform from public or unsecured networks without appropriate VPN protection
Screenshot, screen record, or capture data for unauthorized purposes
You agree to notify ShelfOptix immediately (within 24 hours) upon discovering any actual or suspected security breach, unauthorized access, or data compromise involving Platform data. Notification shall be sent to security@shelfoptix.com and shall include all known details of the incident.
Upon termination of your service agreement or upon request, you agree to securely destroy all copies of data obtained from the Platform and provide written certification of such destruction within thirty (30) days.
ShelfOptix implements industry-standard security measures to protect the Platform and its data, including encryption in transit and at rest, regular security audits, access logging and monitoring, and incident response procedures. Details of our security practices are available upon request under NDA.
Confidential Information includes all non-public information disclosed by either party, including but not limited to: all data accessed through the Platform (including retailer sales data, pricing data, inventory data, and new item information); business strategies, customer lists, and financial information; technical information, algorithms, and methodologies; and any information marked as confidential or that reasonably should be understood to be confidential.
Each party agrees to: maintain the confidentiality of the other party's Confidential Information using at least the same degree of care used to protect its own confidential information, but no less than reasonable care; not disclose Confidential Information to third parties without prior written consent; limit access to Confidential Information to employees and contractors with a need to know who are bound by confidentiality obligations; and not use Confidential Information for any purpose other than as authorized under these Terms.
Confidentiality obligations do not apply to information that: is or becomes publicly available through no fault of the receiving party; was rightfully known prior to disclosure; is rightfully obtained from a third party without restriction; or is required to be disclosed by law, provided the disclosing party is given prompt notice and opportunity to seek protective measures.
Confidentiality obligations shall survive termination of these Terms for a period of five (5) years, or indefinitely for trade secrets.
The Platform, including all software, algorithms, machine learning models, dashboards, designs, documentation, and other materials, is the exclusive property of ShelfOptix and is protected by intellectual property laws. Nothing in these Terms transfers any ownership rights to you.
ShelfOptix, the ShelfOptix logo, and other marks are trademarks of ShelfOptix LLC. You may not use these marks without prior written permission.
If you provide suggestions, ideas, or feedback regarding the Platform, you grant ShelfOptix a royalty-free, worldwide, perpetual license to use and incorporate such feedback without obligation to you.
Access to the Platform may be subject to fees as set forth in your service agreement or order form. All fees are due in accordance with the payment terms specified therein.
You are responsible for all applicable taxes, excluding taxes based on ShelfOptix's net income.
ShelfOptix reserves the right to suspend access to the Platform for accounts with balances overdue by more than thirty (30) days. Late payments may be subject to interest at the rate of 1.5% per month or the maximum rate permitted by law, whichever is less.
ShelfOptix will use commercially reasonable efforts to maintain Platform availability but does not guarantee uninterrupted or error-free service.
We may perform scheduled or emergency maintenance that temporarily affects Platform availability. We will endeavor to provide advance notice of scheduled maintenance when practicable.
ShelfOptix reserves the right to modify, update, or discontinue any feature or functionality of the Platform at any time with reasonable notice to users.
The limitations in this section do not apply to: (a) your breach of Section 6 (Data Security) or Section 7 (Confidentiality); (b) your indemnification obligations; or (c) your infringement of ShelfOptix's intellectual property rights.
The limitations of liability reflect the allocation of risk between the parties and are an essential basis of the bargain between the parties.
You agree to indemnify, defend, and hold harmless ShelfOptix and its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to:
Your use of the Platform
Your violation of these Terms
Your violation of any third-party rights
Any breach of your data security or confidentiality obligations
Any unauthorized disclosure of Platform data
Your Customer Data
These Terms are effective upon your first access to the Platform and continue until terminated.
Either party may terminate these Terms upon thirty (30) days' written notice.
ShelfOptix may terminate or suspend your access immediately without notice if you: breach these Terms, including any data security or confidentiality obligations; engage in conduct that may harm ShelfOptix, other users, or data providers; fail to pay fees when due; or use the Platform in violation of applicable law.
Upon termination: your right to access the Platform ceases immediately; you must cease all use of Platform data and destroy all copies in your possession; you must provide written certification of data destruction within thirty (30) days; and any outstanding fees become immediately due and payable.
Sections regarding intellectual property, confidentiality, data security obligations, limitation of liability, indemnification, and governing law shall survive termination.
ShelfOptix reserves the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on the Platform and/or via email at least thirty (30) days before the changes take effect. Your continued use of the Platform following such notice constitutes acceptance of the modified Terms. If you do not agree to the modified Terms, you must discontinue use of the Platform before the effective date of the changes.
These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of laws principles.
Any dispute arising out of or relating to these Terms shall first be subject to good faith negotiation between the parties for a period of thirty (30) days. If the dispute cannot be resolved through negotiation, it shall be resolved through binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The arbitration shall take place in Dallas, Texas. Judgment on the arbitration award may be entered in any court of competent jurisdiction.
Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights, confidential information, or to prevent unauthorized disclosure of data.
You agree that any arbitration or proceeding shall be conducted only on an individual basis and not in a class, consolidated, or representative action.
These Terms, together with any applicable service agreement, privacy policy, and data processing agreement, constitute the entire agreement between you and ShelfOptix regarding the Platform.
If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in full force and effect.
The failure of ShelfOptix to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
You may not assign or transfer these Terms or any rights hereunder without ShelfOptix's prior written consent. ShelfOptix may assign these Terms without restriction in connection with a merger, acquisition, or sale of assets.
Neither party shall be liable for any failure or delay in performance due to causes beyond its reasonable control, including acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.
All notices under these Terms shall be in writing and delivered to the addresses specified in the applicable service agreement or to such other address as either party may designate. Notices to ShelfOptix shall be sent to the address listed in Section 18.
You agree to comply with all applicable export laws and regulations in connection with your use of the Platform.
If you have questions about these Terms or need to provide notices, please contact us:
By using the ShelfOptix Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use.