User Terms of Use

1. Definitions

“Account” means your registered Xquantum account.

“Authorised User” means an individual authorised by you or your organisation to use the Services under your Account or subscription.

“Customer Data” means business, account, marketplace, advertising, sales, inventory, product, financial, personal or other information that you or an Authorised User connect to, submit to, upload to, or make available through the Services.

“Subscription” means your access to the Services under a selected plan, whether paid, on a free trial or under a promotional offer.

“Order Form” means an order, subscription selection, proposal, invoice or other commercial document identifying applicable plan, fees, limits or special terms.

“Third-Party Services” means Amazon services and APIs, payment providers, hosting providers, analytics services, authentication services and other third-party services integrated with or used in connection with the Services.

“Xquantum Materials” means the Services and Xquantum’s software, technology, interfaces, designs, documentation, methodologies, algorithms, reports, workflows, trademarks and other intellectual property, excluding Customer Data.

2. Eligibility and Account

The Services are intended for business users, including Amazon sellers, vendors, agencies, brands and other organisations. You must have the legal capacity to enter into a binding agreement under applicable law.

You must be at least 18 years old to create an Account or use the Services.

You represent that neither you nor your Authorised Users are located in, or ordinarily resident in, a country or territory subject to comprehensive trade sanctions, and are not named on any applicable restricted-party, denied-persons or sanctions list. You must not export, re-export or otherwise make the Services available in breach of applicable export-control or sanctions laws.

You represent that any Amazon or other third-party account you connect is your own or one you are authorised to access, and that it is in good standing under the applicable platform's terms and policies.

If you use Xquantum on behalf of an organisation, you represent that you are authorised to accept these Terms on its behalf. You must provide accurate account information and keep it current.

You are responsible for safeguarding your Account credentials and for activity performed through your Account, subject to any responsibility that cannot lawfully be assigned to you. Notify Xquantum promptly at support@xquantum.io if you suspect unauthorised access.

3. Subscriptions, Trials and Access

Your Subscription provides access to the features and usage limits of the plan you select. Limits may include, depending on the plan, ASINs, marketplaces, transaction volumes, revenue levels, advertising spend, users, data volume, features or other usage parameters.

If your usage exceeds the limits of your plan, Xquantum may notify you, apply the applicable overage charges, throttle or suspend the affected functionality, or move you to the plan corresponding to your actual usage, in each case after any notice required by law.

Trial access, if offered, is provided for the period and under the conditions displayed when you register. Xquantum may change or discontinue trial availability at any time, subject to applicable law.

Unless you convert to a paid plan, data connected or generated during a trial may be deleted after the trial period ends.

Access is personal to your Account and may not be shared, resold or transferred except as expressly permitted by Xquantum. Your Authorised Users must comply with these Terms.

4. Services and Product Functionality

Xquantum provides tools designed to help users monitor, analyse and manage aspects of their Amazon business. Depending on your plan and available integrations, functionality may include sales and revenue analytics, advertising analytics and campaign management, inventory monitoring and forecasting, P&L and profitability reporting, alerts, reporting, automation, keyword insights and related business intelligence.

Features and pricing may vary by Subscription plan, geography, marketplace, Amazon account type, integration permissions and technical availability. Xquantum may improve, modify or update features from time to time.

Xquantum may offer beta, preview, early-access or experimental features. These are provided 'as is' and without warranty or support, may be changed or withdrawn at any time, and may be excluded from any service commitment or credit.

5. Amazon and Third-Party Integrations

Xquantum accesses Amazon and other supported platform data through authorised integrations and permissions. Depending on the permissions granted and functionality used, this may include sales and revenue information, orders and transactions, inventory, product/ASIN/SKU information, advertising campaigns, advertising spend and performance, keywords, pricing, refunds, returns and other business information made available through the authorised integration.

Xquantum does not request or store your Amazon account password. Authentication and authorisation are handled through the applicable third-party platform’s authorised mechanisms.

Your use of Amazon and other third-party services remains subject to their own terms, policies and agreements. Xquantum does not control third-party systems, APIs, policies, availability, rankings, decisions or changes.

Third-party changes may affect the availability, accuracy or functionality of the Services. Xquantum will not be responsible for disruption caused by a third party’s change, suspension, outage, deprecation, rate limit, policy or API limitation.

Xquantum is an independent third-party application. Xquantum is not affiliated with, endorsed by, sponsored by or an agent of Amazon.com, Inc. or its affiliates. Amazon, and all related marks, are trademarks of Amazon.com, Inc. or its affiliates, and are used solely to identify the platforms with which the Services integrate.

6. Customer Data and Your Responsibilities

You retain your rights in Customer Data. You grant Xquantum a limited, worldwide, non-exclusive right to access, host, copy, transmit, process and display Customer Data as reasonably necessary to provide, secure, support, maintain and improve the Services, perform the agreement with you, prevent misuse, and comply with applicable law.

Xquantum may create aggregated, statistical and de-identified data derived from Customer Data, provided that such data does not identify you, your organisation, your Authorised Users or your customers. As between the parties, Xquantum owns such aggregated and de-identified data and may use and retain it without restriction, including to operate, secure, benchmark, develop and improve the Services and to produce market or category insights.

You represent that you have the rights, permissions and authorisations necessary to provide Customer Data to Xquantum and to permit the processing contemplated by these Terms.

If you use Xquantum on behalf of a company, agency, brand or other organisation, that organisation may control the business and personal information submitted to Xquantum and may be responsible for ensuring that the necessary rights and permissions have been obtained.

Where Xquantum processes personal data on behalf of an organisation as a processor/service provider, processing will be governed by the applicable customer instructions, agreement, data-processing terms and applicable data-protection law.

7. Privacy and Data Protection

Xquantum’s collection, use, disclosure, security, retention and international transfer of personal information are governed by the Xquantum Privacy Policy, which is incorporated into these Terms by reference.

The Privacy Policy explains, among other matters, the categories of information collected, use of Amazon and business data, payment processing, third-party service providers, security measures, retention, international transfers and privacy rights.

Xquantum does not sell or rent your personal information or Amazon business data. Xquantum may share information with service providers and other recipients where reasonably necessary to operate the Services, comply with law, protect rights or support a corporate transaction, subject to the safeguards described in the Privacy Policy.

Nothing in these Terms is intended to replace or repeat the Privacy Policy. Where applicable law or a separate data-processing agreement imposes additional requirements, those requirements will apply to the extent applicable.

Xquantum's standard data processing agreement is available on request at support@xquantum.io and, where executed by both parties, forms part of these Terms.

8. Data Security and Availability

Xquantum maintains reasonable and appropriate technical and organisational measures designed to protect information against unauthorised access, alteration, disclosure, loss, misuse or destruction. These measures may include encryption, secure API authentication, access controls, authentication safeguards, monitoring and logging, infrastructure controls, confidentiality obligations and backup and recovery procedures.

No internet-based service can guarantee absolute security. You acknowledge that the Services may be affected by maintenance, infrastructure failures, internet or telecommunications failures, security incidents, third-party outages, marketplace/API changes or other events beyond Xquantum’s reasonable control.

9. Fees, Billing and Taxes

Subscription fees, billing frequency, plan limits and applicable commercial terms are displayed on the Xquantum pricing or checkout pages, or stated in an applicable Order Form.

Unless otherwise stated, paid subscriptions renew automatically for the applicable renewal period until cancelled. You authorise Xquantum or its payment provider to process applicable charges using your selected payment method.

Xquantum may change subscription fees. Any change will take effect at the start of your next renewal period, and Xquantum will give you at least thirty (30) days' notice before it applies. If you do not accept the revised fees, you may cancel before the renewal date.

To avoid a renewal charge you must cancel at least seven (7) days before the end of the then-current subscription period, using the cancellation process available in your Account. Where applicable law requires renewal reminders, a specific cancellation mechanism or pre-renewal disclosures, Xquantum will provide them.

Xquantum does not collect or store your full credit-card or debit-card details on its own systems. Payment information is processed by third-party payment providers under their own terms and privacy policies.

Fees are generally non-refundable except where required by applicable law or expressly agreed by Xquantum. Cancellation normally prevents future renewal but does not automatically create a refund for a period already paid.

You are responsible for applicable taxes, duties, levies and governmental charges associated with your subscription, except taxes imposed on Xquantum’s net income. If payment is overdue, Xquantum may suspend access after any notice required by law and may recover lawful interest and reasonable collection costs.

All fees are stated exclusive of taxes and are payable in the currency shown at checkout or in the applicable Order Form. If you are required by law to withhold or deduct any amount from a payment, you will increase the amount payable so that Xquantum receives the full sum it would have received had no withholding or deduction been made.

10. Advertising, Automation and User-Directed Actions

Where Xquantum provides advertising campaign management, editing, bulk operations, bidding, budget controls, automation rules or similar functionality, Xquantum may perform actions based on the settings, rules or instructions configured or authorised by you.

You are responsible for reviewing campaign settings, budgets, bids, targeting, keywords, exclusions, automation rules and other instructions before enabling them. You remain responsible for decisions made using the Services and for monitoring material actions taken on your connected accounts.

Automated actions may be affected by marketplace conditions, data delays, API limitations, auction dynamics, third-party changes and other factors. Xquantum does not guarantee any particular advertising or commercial outcome.

11. Analytics, Reports and Business Decisions

Xquantum may generate analytics, calculations, reports, alerts, forecasts, recommendations and business insights from available data. These outputs are intended to support decision-making and are not professional financial, tax, legal, accounting or investment advice.

Marketplace and advertising data may be delayed, incomplete, estimated, corrected, reclassified or unavailable. Calculated metrics and forecasts may depend on data quality, assumptions, mappings and information supplied by you or third parties.

You are responsible for independently verifying information before making material financial, tax, inventory, pricing, advertising or other business decisions.

12. Acceptable Use and Restrictions

You must use the Services lawfully and in accordance with these Terms. You must not:

• access another person’s Account without authorisation;
• bypass authentication, security controls, usage limits or subscription restrictions;
• introduce malware, viruses or other harmful code;
• interfere with the security, integrity, availability or performance of the Services;
• reverse engineer, decompile or disassemble the Services except where such restriction is prohibited by applicable law;
• copy, mirror, frame, scrape or systematically extract the Services or substantial portions of them except through functionality expressly provided by Xquantum;
• use the Services to build or support a competing product by reproducing Xquantum’s proprietary functionality;
• rent, lease, sublicense, resell or commercially exploit the Services except as expressly authorised;
• upload or transmit material that infringes intellectual-property, privacy, publicity or other third-party rights;
• remove or alter proprietary notices;
• use automated access in a manner that unreasonably burdens the Services or bypasses technical restrictions;
• use the Services in a manner that breaches Amazon's or any other connected platform's terms, policies or programme rules, including any policy on review manipulation, ranking manipulation, incentivised reviews or otherwise prohibited seller conduct;
• use the Services to access, aggregate or benchmark another seller's data without authorisation; or
• represent or imply that Xquantum is affiliated with, endorsed by or acting on behalf of Amazon or any other connected platform.

Xquantum may suspend or restrict access where reasonably necessary to address a material breach, security risk, unlawful activity, misuse or attempt to circumvent applicable limits.

13. Intellectual Property

Xquantum and its licensors retain all right, title and interest in the Xquantum Materials, including the software, technology, interfaces, designs, documentation, methodologies, algorithms, trademarks and proprietary functionality.

Subject to these Terms and payment of applicable fees, Xquantum grants you a limited, non-exclusive, non-transferable and non-sublicensable right to use the Services during your Subscription for your internal business purposes.

No ownership rights are transferred to you. You may not use Xquantum’s name, logos or trademarks except as expressly authorised.

Xquantum may identify you as a customer and use your name and logo in customer lists and marketing materials in a factual, non-endorsing manner. You may withdraw this permission at any time by writing to support@xquantum.io.

If you voluntarily provide suggestions, recommendations or feedback, Xquantum may use them without restriction or compensation.

14. Confidentiality

Each party may receive non-public business, technical, financial or other information that should reasonably be understood to be confidential (“Confidential Information”). Each party will use reasonable care to protect the other party’s Confidential Information and use it only for purposes related to the relationship.

Confidential Information does not include information that is publicly available without breach, was lawfully known before disclosure, is lawfully received from a third party without restriction, or is independently developed without use of the other party’s Confidential Information.

Disclosure required by law or legal process is permitted, with reasonable notice where legally allowed and disclosure limited to what is required.

15. Third-Party Services and Links

The Services may use or link to third-party software, APIs, websites, payment providers, cloud infrastructure, authentication services, analytics tools and other services. Third parties may impose separate terms and privacy policies.

Xquantum is not responsible for the independent acts, omissions, availability, security, content, policies or performance of third-party services. You should review the applicable third-party terms before using connected services.

16. Suspension and Termination

You may cancel your Subscription in accordance with the cancellation process applicable to your plan.

Xquantum may suspend or terminate access where you materially breach these Terms, fail to pay applicable fees, misuse the Services, create a security or legal risk, or where continued provision becomes unlawful or impracticable.

Where reasonably possible, Xquantum will provide notice and an opportunity to cure a material breach, except where immediate action is reasonably necessary to protect users, the Services, third parties or Xquantum’s legal rights.

Following termination, your right to use the Services ends. Consistent with the Privacy Policy, Customer Data may generally be deleted or anonymised within 90 days after termination, or within any shorter period required by Amazon's Data Protection Policy or another applicable platform policy, subject to legal, contractual, dispute, security and backup-retention requirements. You should export any data you need before termination.

Termination does not relieve you of the obligation to pay fees accrued or payable before the effective date of termination, and no refund is due for the remainder of a paid period except where required by law.

Provisions concerning intellectual property, confidentiality, fees, disclaimers, liability, indemnification, governing law and other provisions intended by their nature to survive will survive termination.

17. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. XQUANTUM, ITS AFFILIATES, LICENSORS AND SUPPLIERS DISCLAIM WARRANTIES AND CONDITIONS NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY AND UNINTERRUPTED AVAILABILITY.

Xquantum does not warrant that the Services will be error-free, continuously available, completely accurate, suitable for every business requirement, or produce any particular sales, profit, advertising, inventory, ranking or other business result.

Nothing in these Terms excludes or limits a right or remedy that cannot lawfully be excluded or limited.

18. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, XQUANTUM, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, LICENSORS AND SUPPLIERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, BUSINESS OPPORTUNITY, GOODWILL, ANTICIPATED SAVINGS OR DATA, ARISING FROM OR RELATED TO THE SERVICES OR THESE TERMS.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, XQUANTUM’S TOTAL AGGREGATE LIABILITY ARISING FROM OR RELATED TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE FEES ACTUALLY PAID BY YOU TO XQUANTUM FOR THE SERVICES DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

The existence of more than one claim will not increase this limit, and this limitation applies in aggregate to Xquantum and to its affiliates, directors, officers, employees, licensors and suppliers.

These limitations do not apply to liability that cannot lawfully be excluded or limited.

19. Indemnification

To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Xquantum and its directors, officers, employees, affiliates and service providers from third-party claims, losses, liabilities, damages, costs and reasonable expenses arising from your or your Authorised Users’ unlawful use of the Services, breach of these Terms, infringement or violation caused by Customer Data you provide, or violation of applicable law or third-party platform terms.

Xquantum will provide reasonable notice of a claim and may participate in, or at its option assume sole control of, its defence. You may not settle a claim in a manner that imposes an admission or obligation on Xquantum without Xquantum’s prior written consent.

20. Changes to Services and Terms

Xquantum may update the Services to improve functionality, security, performance or compliance. Xquantum may also modify these Terms from time to time to reflect changes to the Services, law, security requirements or business practices.

Material changes will be notified at least thirty (30) days before they take effect, by email to the address registered on your Account or by in-product notice, and in any event in the manner required by applicable law. The latest version will be published through the website or Services with an updated effective date. Continued use after the effective date constitutes acceptance where legally permitted.

21. Governing Law and Disputes

These Terms are governed by the laws of India, without regard to conflict-of-law principles, except to the extent mandatory law applicable to you provides otherwise.

Subject to mandatory rights and remedies under applicable law, disputes arising from or relating to these Terms or the Services will be subject to the exclusive jurisdiction of the courts at Mumbai, India.

22. General

These Terms, together with the applicable subscription or Order Form, pricing terms, Xquantum Privacy Policy and any expressly incorporated data-processing terms, constitute the agreement between you and Xquantum regarding the Services.

If any provision is held invalid or unenforceable, it will be modified to the minimum extent necessary and the remaining provisions will remain effective.

You may not assign your rights or obligations without Xquantum’s prior written consent, except as part of a merger, acquisition or sale of substantially all relevant assets where the successor assumes the applicable obligations. Xquantum may assign these Terms to an affiliate or successor in connection with a corporate transaction.

Failure to enforce a provision is not a waiver of the right to enforce it later. These Terms do not create a partnership, joint venture, agency, employment or fiduciary relationship.

Force majeure. Neither party will be liable for any delay or failure to perform caused by an event beyond its reasonable control, including acts of God, natural disaster, epidemic, war, terrorism, civil unrest, labour dispute, government action, failure of telecommunications or internet infrastructure, power failure, cyber-attack, or the act or omission of a third-party platform or supplier. This does not excuse an obligation to pay amounts already due.

Notices. Notices to you may be given by email to the address registered on your Account or by posting within the Services, and are deemed received on the day sent. Notices to Xquantum must be sent to support@xquantum.io.

No third-party beneficiaries. Except for the Xquantum affiliates, directors, officers, employees, licensors and suppliers referred to in sections 17, 18 and 19, these Terms do not create rights enforceable by any third party.

Electronic contracting. You consent to contract electronically. These Terms, and any notice given under them, satisfy any requirement that an agreement or notice be in writing.

23. Contact

For questions about these Terms, your Account or the Services, contact Xquantum at support@xquantum.io.

For privacy or data-protection requests, use the subject line “Privacy Request – Xquantum”, as described in the Xquantum Privacy Policy.

24. Relationship with the Xquantum Privacy Policy

The Xquantum Privacy Policy and these Terms serve different purposes. These Terms govern your contractual use of the Services; the Privacy Policy explains how Xquantum handles personal information and related data. The Privacy Policy should be read together with these Terms, rather than duplicated within them.

Where a separate data-processing agreement or mandatory data-protection law applies to personal data processed on behalf of an organisation, that agreement or law will govern to the extent of any conflict.