The agreement that binds us.

You must be at least 18 years of age and legally capable of entering into a binding contract under applicable law. By using the Service, you represent and warrant that you meet these requirements.

If you access or use the Service on behalf of a legal entity, you represent and warrant that you have full authority to bind that entity to these Terms, and that entity accepts these Terms.

You agree to provide accurate, complete, and current information during registration and to keep such information updated.

You are solely responsible for maintaining the confidentiality of your credentials and for all activities that occur under your Account. You must notify us immediately at support@dataglasslabs.com of any unauthorized use of or access to your Account. We are not liable for any loss or damage arising from your failure to comply with this obligation.

You are responsible for ensuring that all Authorized Users comply with these Terms. You are liable for any breach of these Terms by your Authorized Users.

The Service may, depending on your plan:

• Connect to Third-Party Platforms to ingest Customer Data;
• Compute analytics such as profit or net revenue estimates, including estimated fees, discounts, returns, and advertising costs;
• Generate Recommendations and suggested actions;
• Offer tools to initiate Execution on Third-Party Platforms, where enabled.

THE SERVICE PROVIDES DECISION SUPPORT AND OPERATIONAL TOOLING ONLY. WE DO NOT GUARANTEE, WARRANT, OR PROMISE ANY SPECIFIC BUSINESS RESULTS, INCLUDING WITHOUT LIMITATION REVENUE, PROFIT, RETURN ON ADVERTISING SPEND (ROAS), MARKETPLACE RANKING, SALES VOLUME, COST SAVINGS, OR ANY OTHER PERFORMANCE METRIC OR UPLIFT. ALL RECOMMENDATIONS, PROJECTIONS, FORECASTS, AND SUGGESTED ACTIONS ARE INFORMATIONAL, NON-BINDING, AND DO NOT CONSTITUTE PROFESSIONAL, FINANCIAL, INVESTMENT, OR LEGAL ADVICE.

We reserve the right to modify, update, suspend, or discontinue any aspect of the Service at any time, with or without notice. If we materially reduce core functionality of a paid plan, we will use reasonable efforts to provide at least 14 days' prior notice. Continued use of the Service after any modification constitutes acceptance of the modification.

We may perform scheduled and unscheduled maintenance, updates, migrations, and infrastructure changes that temporarily limit or interrupt Service availability. We will use reasonable efforts to schedule planned maintenance during off-peak hours and to provide advance notice when practicable, but we are not obligated to do so. We do not guarantee any specific level of uptime, availability, or response time, and we shall have no liability for Service interruptions, slowdowns, or outages, whether caused by maintenance, infrastructure issues, third-party dependencies, or other factors.

Your use of Third-Party Platforms is governed exclusively by those platforms' own terms, policies, and restrictions. We are not responsible for Third-Party Platforms, including any API changes, outages, suspensions, inaccurate data returned, enforcement actions, or compliance with their policies.

By connecting a Third-Party Platform, you (a) represent that you have all rights and permissions necessary to authorize such connection, (b) authorize us to access Customer Data within the permission scope you approve, and (c) where Execution is enabled, authorize us to perform Execution actions within that scope.

Third-Party Platforms may impose rate limits, permission restrictions, or policy changes that affect or limit the Service. We are not liable for any Service limitations, inaccuracies, or failures caused by such third-party constraints.

You may revoke access to a Third-Party Platform at any time through that platform's settings or within the Service (if available). Revocation may reduce or eliminate certain Service functionality. We are not responsible for data or actions that occurred prior to revocation.

The Service integrates with, and may transmit Customer Data (including personal data contained therein) to, Third-Party AI Service Providers for the purpose of generating Recommendations, performing analytics, processing natural language queries, and delivering AI-powered features. By using the Service, you expressly authorize the Company to share, transmit, and make available Customer Data to such Third-Party AI Service Providers as necessary to operate the Service. You acknowledge that:

• Customer Data transmitted to Third-Party AI Service Providers is subject to those providers' own terms of service, data processing agreements, and privacy policies, which may differ from ours;
• Third-Party AI Service Providers may process Customer Data on infrastructure located outside the Kingdom of Thailand, and such processing is subject to the cross-border transfer provisions in Section 7.8;
• We will use commercially reasonable efforts to select Third-Party AI Service Providers that maintain appropriate data protection and security standards, but we do not control and are not responsible for the data handling practices, security incidents, or processing activities of such providers beyond what is required by our agreements with them;
• Some Third-Party AI Service Providers may use data submitted through their APIs to improve their own models or services, unless we have opted out on your behalf where such opt-out is available. We will use commercially reasonable efforts to opt out of model training by Third-Party AI Service Providers where such options exist;
• We may change, add, or remove Third-Party AI Service Providers at any time without prior notice, provided that we continue to maintain appropriate data protection agreements with such providers; and
• We shall have no liability for any errors, inaccuracies, hallucinations, or unexpected outputs generated by Third-Party AI Service Providers, or for any loss arising from the unavailability, deprecation, or modification of such providers' services.

Third-Party AI Service Providers are considered subprocessors for the purposes of Section 7.7 and are subject to the same disclosure obligations described therein.

As between you and us, you retain ownership of Customer Data that you provide. Nothing in these Terms transfers ownership of Customer Data to us.

By using the Service, you grant the Company a worldwide, non-exclusive, royalty-free, sublicensable license (irrevocable during the term of your Account, subject to Section 13.4, and to the extent permitted by applicable law) to access, collect, host, store, copy, process, analyze, reproduce, transmit, display, adapt, and otherwise use Customer Data for any of the following purposes:

• Providing, maintaining, operating, securing, and supporting the Service;
• Generating Recommendations and analytics for your Account;
• Creating, training, validating, improving, and operating machine learning models, algorithms, and AI systems used in or for the Service;
• Producing De-identified Data and Aggregated Data (see Sections 6.3 and 6.4);
• Benchmarking, product research, and business intelligence activities;
• Detecting and preventing fraud, abuse, and security incidents;
• Complying with applicable law and enforcing these Terms.

For clarity, this license includes the right to use Customer Data to train, fine-tune, evaluate, and improve AI and machine learning models that power or may be incorporated into the Service, including generalized models, provided that such use is in accordance with Section 6.3.

We may de-identify and/or aggregate Customer Data such that the resulting data does not and cannot reasonably identify you, your store, or any individual ("De-identified Data" or "Aggregated Data"). We own all right, title, and interest in and to De-identified Data and Aggregated Data and may, to the extent permitted by applicable law, use, disclose, license, and otherwise exploit such data for any lawful purpose, provided that such data does not identify Customer, including but not limited to:

• Operating, improving, and developing the Service;
• Training, fine-tuning, and validating AI and machine learning models;
• Industry benchmarking, analytics products, and research;
• Commercial purposes, including sale or licensing to third parties, provided the data does not identify you.

To the extent permitted by applicable law, you waive any claim against us arising from our use of De-identified Data or Aggregated Data in accordance with this Section.

In addition to the use of De-identified Data described above, and subject to the license granted in Section 6.2, we may use Customer Data (including in identifiable or pseudonymous form) to train, fine-tune, test, and improve AI and machine learning models used in the Service. Such use is subject to our obligations under Section 7 (Data Handling and Security) and our Privacy Policy. If you wish to opt out of identifiable Customer Data being used for model training (but not De-identified or Aggregated Data, which we retain the right to use regardless), you must notify us in writing at support@dataglasslabs.com. Opt-out applies prospectively from the date of receipt; it does not affect training already completed prior to your opt-out request and does not entitle you to deletion of weights derived from prior training. Opting out may limit certain AI-powered features, reduce the accuracy or personalization of Recommendations, and cause the Service to rely more heavily on rules-based or non-trained components. We may also make an opt-out setting available in your Account settings in the future.

During an active Subscription, we retain Customer Data as needed to provide the Service. After cancellation or termination, we may retain Customer Data for up to 60 days (or longer if required by applicable law or for legitimate dispute resolution purposes), after which we may delete or de-identify it. De-identified Data and Aggregated Data may be retained indefinitely.

Where technically available, you may export certain Customer Data, subject to plan limits and technical feasibility. We make no guarantee of export functionality.

Our handling of personal data is described in our Privacy Policy at https://dataglasslabs.com/privacy (incorporated by reference). In the event of a conflict between these Terms and the Privacy Policy regarding personal data, the Privacy Policy controls.

We maintain commercially reasonable administrative, technical, and organizational measures designed to protect Customer Data from unauthorized access, disclosure, alteration, or destruction. No security system is impenetrable. You acknowledge and accept the inherent risks of providing data over the internet and storing data electronically.

You represent and warrant that you have all rights, consents, and permissions necessary to provide Customer Data to us and to authorize our use of it as described in these Terms. You agree not to upload Customer Data that you do not have the legal right to use and share.

Unless we expressly agree in writing, you must not provide, and we do not intend to process, highly sensitive personal data such as government identification numbers, full payment card data, biometric data, or protected health information. We disclaim all liability for any such data provided in breach of this Section.

If we become aware of a confirmed security incident materially affecting Customer Data, we will notify affected Customers without undue delay and in any event within the timeframes required by applicable law (including, where the PDPA applies, notification to the Personal Data Protection Committee within seventy-two (72) hours of becoming aware of the breach where required under Section 37(4) of the PDPA). Notice obligations are solely those mandated by applicable law; we do not assume greater notification obligations by contract.

For the purposes of the Thailand Personal Data Protection Act B.E. 2562 (2019) ("PDPA") and any applicable data protection laws, the Customer is the data controller of any personal data within Customer Data, and the Company acts as a data processor on behalf of Customer to provide, operate, and improve the Service, unless otherwise agreed in a separate written Data Processing Addendum ("DPA"). The Customer is responsible for ensuring that it has a lawful basis under the PDPA (or other applicable law) to collect, use, and disclose the personal data it provides to or authorizes the Company to access, and for providing any required notices or obtaining any required consents from data subjects.

We use third-party subprocessors to operate the Service, including but not limited to cloud infrastructure and hosting providers, content delivery networks, analytics and observability services, email delivery providers, payment processors, and AI/ML service providers. Customer Data may be stored, replicated, distributed, and processed across multiple cloud regions and service providers as necessary for performance, reliability, redundancy, disaster recovery, and the purposes described in these Terms (including de-identification, aggregation, model training, and analytics). We will maintain a list of material subprocessors and will provide it to Customer upon written request to support@dataglasslabs.com. We remain responsible for our subprocessors' compliance with applicable data processing obligations with respect to Customer Data, and we will enter into appropriate written agreements with each subprocessor imposing data protection obligations no less protective than those set forth in these Terms.

Customer acknowledges and agrees that Customer Data (including personal data) may be processed, stored, replicated, and transferred to servers and infrastructure located outside the Kingdom of Thailand, including but not limited to the United States, the European Union, Singapore, and other jurisdictions where our cloud infrastructure providers and subprocessors maintain facilities. Where PDPA cross-border transfer requirements under Sections 28 or 29 of the PDPA apply, we will implement an applicable transfer mechanism and appropriate safeguards consistent with requirements issued by the Personal Data Protection Committee ("PDPC"), which may include standard contractual clauses, binding corporate rules, certifications, or other mechanisms recognized by the PDPC. By using the Service, Customer consents to the cross-border transfer and processing of Customer Data as described in this Section and authorizes the Company to move, distribute, and process Customer Data across jurisdictions as necessary for the operation, security, improvement, and scaling of the Service.

To the extent required by applicable law (including PDPA Sections 24–25), the Company will provide commercially reasonable assistance to Customer to respond to verified data subject requests (including requests for access, deletion, portability, or objection) relating to personal data contained in Customer Data, subject to technical feasibility, plan limits, and our operational capacity. Customer is responsible for verifying the identity of data subjects and the validity of their requests before forwarding them to us. We will use commercially reasonable efforts to respond to such requests within ninety (90) days of receipt. This assistance may be subject to additional fees if the volume or complexity of requests exceeds what is commercially reasonable. For the avoidance of doubt, data subject requests do not require the Company to delete De-identified Data or Aggregated Data, or to reverse any model training conducted in accordance with Section 6.

Recommendations and all AI-generated outputs, including forecasts, projections, estimated metrics, and suggested actions, are derived from mathematical modeling, statistical analysis, and probabilistic calculations based on observed data. Because of the number and range of assumptions underlying such outputs — many of which are subject to significant uncertainties, market volatility, and contingencies beyond reasonable control — actual results may differ materially from any projection, forecast, or estimate provided by the Service. Outputs may be incomplete, inaccurate, outdated, or inapplicable to your specific circumstances. The Company does not claim or guarantee uplift, improvement, or any particular performance outcome for any Customer. The Service merely reports facts, observations, and next steps based on observed data; the sole decision to use, implement, or act upon any Recommendation rests entirely with you. YOU ARE SOLELY RESPONSIBLE FOR INDEPENDENTLY EVALUATING, VERIFYING, AND VALIDATING ALL OUTPUTS BEFORE ACTING ON THEM. THIS RESPONSIBILITY APPLIES PARTICULARLY WHERE DECISIONS INVOLVE PRICING, ADVERTISING SPEND, INVENTORY MANAGEMENT, REGULATORY COMPLIANCE, OR ANY MATTER THAT COULD HAVE FINANCIAL OR LEGAL CONSEQUENCES. YOU ASSUME FULL RESPONSIBILITY FOR ALL DECISIONS MADE WITH RESPECT TO YOUR USE OF THE SERVICE AND AGREE TO USE THE SERVICE AT YOUR OWN RISK.

WE MAKE NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, THAT ANY RECOMMENDATION, FORECAST, SIMULATION, PROJECTION, OR ANALYTICAL OUTPUT WILL BE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR FIT FOR ANY PARTICULAR PURPOSE, OR THAT IT WILL ACHIEVE ANY PARTICULAR RESULT. PROJECTED NUMBERS, PERFORMANCE ESTIMATES, AND FORECASTS ARE BASED ON MATHEMATICAL MODELING AND PROBABILITIES DERIVED FROM HISTORICAL AND OBSERVED DATA AND COULD PERFORM DIFFERENTLY IN UNCERTAIN, CHANGING, OR UNPRECEDENTED MARKET CONDITIONS. WE EXPRESSLY DISCLAIM ALL LIABILITY FOR LOSSES, DAMAGES, OR ADVERSE OUTCOMES ARISING FROM YOUR RELIANCE ON SUCH OUTPUTS. THE COMPANY DOES NOT INDEPENDENTLY VERIFY THE TRUTHFULNESS OR ACCURACY OF ANY DATA INPUT INTO THE SERVICE BY CUSTOMERS OR RETRIEVED FROM THIRD-PARTY PLATFORMS AND IS NOT RESPONSIBLE FOR ERRORS IN CUSTOMER-SUPPLIED DATA OR THIRD-PARTY DATA.

You may not use Service outputs, including Recommendations and analytical data, to build or improve a product or service that competes with the Service, or to extract, replicate, or reverse-engineer proprietary logic, models, or methodologies at scale.

BY USING THE SERVICE, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:

• All Recommendations, projections, forecasts, and analytical outputs are derived from mathematical modeling and probabilistic analysis of observed and historical data, and are subject to inherent limitations, assumptions, and uncertainties;
• Actual results may differ materially from any projection or estimate due to market volatility, changes in competitive dynamics, platform policy changes, macroeconomic factors, or other conditions beyond the Company's control;
• The Company does not claim or guarantee uplift, performance improvement, revenue increase, cost reduction, or any other specific business outcome for any Customer;
• The Service reports facts, observations, and suggested next steps based on observed data; it does not provide financial, investment, legal, or professional advice;
• The sole decision to use, implement, deploy, or act upon any Recommendation, output, or suggested action rests entirely with you, and you bear full responsibility for the consequences of such decisions;
• You assume full responsibility for independently verifying and validating all Service outputs against your own data, business judgment, and professional advice before making any business decision based thereon; and
• Past performance data, historical trends, or prior Recommendations displayed by the Service are not indicative of future results.

Nothing in these Terms or the provision of the Service creates a fiduciary, advisory, agency, or professional-client relationship between the Company and Customer. The Service is a software tool that provides data-driven insights and suggestions; it is not a substitute for independent professional judgment or advice from qualified financial, legal, tax, or business advisors. You should consult appropriate professionals before making material business decisions based on Service outputs.

If you enable Execution, you authorize the Company and its systems to perform actions on Third-Party Platforms within the scope you have approved. You acknowledge that Execution causes real, potentially irreversible changes to your marketplace accounts, advertising campaigns, pricing, and other settings.

The Service may offer, now or in the future, automation features including scheduled data syncs, auto-Recommendations, and rule-based auto-Execution (e.g., based on ROAS thresholds, stock levels, or spend caps). Automation features are optional and require explicit enablement.

You are solely responsible for configuring, monitoring, and maintaining all safety controls, including:

• Budget caps and maximum spend limits;
• Approval workflows and manual confirmation requirements;
• Scope limitations (which stores, campaigns, products, or SKUs may be modified);
• Rollback and pause controls (where available).

Failure to configure appropriate safety controls is at your sole risk.

YOU ACKNOWLEDGE AND AGREE THAT EXECUTION AND AUTOMATION CAN CAUSE MATERIAL, POTENTIALLY IRREVERSIBLE FINANCIAL CONSEQUENCES, INCLUDING BUT NOT LIMITED TO SIGNIFICANT ADVERTISING SPEND, PRICE CHANGES, INVENTORY ADJUSTMENTS, AND CAMPAIGN PERFORMANCE CHANGES. ANY EXECUTION OR AUTOMATION ACTION IS TAKEN BASED ON RECOMMENDATIONS DERIVED FROM MATHEMATICAL MODELING AND OBSERVED DATA; ACTUAL MARKET CONDITIONS MAY DIFFER FROM MODELED ASSUMPTIONS, AND RESULTS MAY VARY MATERIALLY FROM PROJECTIONS. YOU RETAIN SOLE DECISION-MAKING AUTHORITY OVER WHETHER TO ENABLE, CONFIGURE, OR ALLOW ANY EXECUTION OR AUTOMATION FEATURE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY LOSSES, DAMAGES, OR COSTS (INCLUDING LOSS OF PROFITS, OVERSPEND, MARGIN LOSS, MARKETPLACE PENALTIES, OR THIRD-PARTY PLATFORM PENALTIES) ARISING FROM OR RELATED TO ANY EXECUTION OR AUTOMATION ACTION THAT YOU OR YOUR AUTHORIZED USERS AUTHORIZED, CONFIGURED, ENABLED, OR FAILED TO DISABLE, REGARDLESS OF WHETHER SUCH ACTION PRODUCED UNINTENDED, UNEXPECTED, OR ADVERSE RESULTS.

We reserve the right to temporarily pause or disable any Execution or automation features at any time if we reasonably determine there is a risk of abuse, a security incident, system instability, or violation of Third-Party Platform terms. We will use reasonable efforts to notify you promptly. We are not liable for any losses arising from such suspension.

YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE MAY EXPERIENCE SCHEDULED OR UNSCHEDULED DOWNTIME, OUTAGES, INTERRUPTIONS, DEGRADED PERFORMANCE, OR OTHER SERVICE DISRUPTIONS (COLLECTIVELY, "SERVICE INTERRUPTIONS") DUE TO MAINTENANCE, INFRASTRUCTURE FAILURES, SOFTWARE DEFECTS, NETWORK ISSUES, THIRD-PARTY PLATFORM OUTAGES, FORCE MAJEURE EVENTS, OR OTHER CAUSES. SUCH SERVICE INTERRUPTIONS MAY OCCUR AT ANY TIME, INCLUDING WHILE EXECUTION OR AUTOMATION ACTIONS ARE IN PROGRESS, QUEUED, OR SCHEDULED.

Service Interruptions may result in, without limitation:

• Execution or automation actions being partially completed, leaving your Third-Party Platform accounts, campaigns, pricing, inventory, advertising budgets, or other settings in an intermediate, inconsistent, or unintended state;
• Queued, scheduled, or pending Execution or automation actions failing to execute, executing late, executing out of order, or executing multiple times (including duplicate actions);
• Rollback, undo, or revert operations failing to complete or being unavailable, leaving previously applied changes in effect on Third-Party Platforms;
• Execution actions being initiated or completed based on stale, outdated, cached, or incomplete data that was not refreshed due to a Service Interruption or Third-Party Platform outage;
• Data synchronization delays, failures, or conflicts between the Service and Third-Party Platforms, resulting in discrepancies between the state shown in the Service and the actual state on Third-Party Platforms;
• Race conditions, concurrency conflicts, or timing issues where multiple Execution actions or data syncs interact in unintended ways;
• Retry mechanisms automatically re-attempting failed actions after Service restoration, potentially applying changes that are no longer appropriate given changed market conditions or data; and
• Notifications, alerts, or status updates relating to Execution or automation actions being delayed, lost, or inaccurate.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY LOSSES, DAMAGES, COSTS, OVERSPEND, MARGIN EROSION, MARKETPLACE PENALTIES, CAMPAIGN PERFORMANCE DEGRADATION, OR OTHER ADVERSE OUTCOMES ARISING FROM OR RELATED TO ANY SERVICE INTERRUPTION, INCLUDING BUT NOT LIMITED TO INCOMPLETE OR PARTIAL EXECUTION, FAILED ROLLBACKS, STALE DATA, DUPLICATE ACTIONS, DATA SYNCHRONIZATION FAILURES, RACE CONDITIONS, RETRY FAILURES, OR ANY OTHER CONSEQUENCE OF SERVICE UNAVAILABILITY, REGARDLESS OF WHETHER SUCH INTERRUPTION WAS SCHEDULED, FORESEEABLE, OR WITHIN THE COMPANY'S CONTROL.

YOU ARE SOLELY RESPONSIBLE FOR ACTIVELY AND CONTINUOUSLY MONITORING AND SUPERVISING ALL EXECUTION AND AUTOMATION ACTIONS, ALL ACTIVE CAMPAIGNS, PRICING, INVENTORY SETTINGS, ADVERTISING BUDGETS, AND ANY OTHER SETTINGS ON THIRD-PARTY PLATFORMS THAT MAY BE AFFECTED BY THE SERVICE, INCLUDING DURING AND AFTER ANY SERVICE INTERRUPTION.

Without limiting the foregoing, you are responsible for:

• Independently verifying the state of your campaigns, pricing, inventory, advertising budgets, and other settings directly on Third-Party Platforms before and after any Execution or automation action, and not relying solely on the Service's dashboard, notifications, or status indicators;
• Manually reviewing and correcting any partially completed, inconsistent, or unintended changes left on Third-Party Platforms following a Service Interruption;
• Pausing or disabling active campaigns, automation rules, or Execution features directly on Third-Party Platforms if the Service becomes unavailable and you cannot verify or control the state of your settings through the Service;
• Maintaining independent access to your Third-Party Platform accounts so that you can take corrective action at any time, regardless of the availability of the Service; and
• Ensuring that your business operations do not depend exclusively on the continuous and uninterrupted availability of the Service, and maintaining appropriate contingency plans for periods of Service unavailability.

Your failure to monitor, supervise, verify, or take corrective action as described above is at your sole risk. The Company is not a substitute for independent oversight of your business operations and Third-Party Platform accounts.

THE COMPANY DOES NOT GUARANTEE, WARRANT, OR PROMISE THE AVAILABILITY, COMPLETENESS, OR SUCCESS OF ANY ROLLBACK, UNDO, REVERT, OR RECOVERY MECHANISM FOR EXECUTION OR AUTOMATION ACTIONS. Where rollback or undo functionality is offered, it is provided on an "AS IS" and "AS AVAILABLE" basis without warranty of any kind. Rollback mechanisms may fail, may be unavailable during or after a Service Interruption, may not fully restore prior settings, or may themselves cause unintended changes. Some Execution actions may be inherently irreversible (for example, advertising spend that has already been committed or consumed, orders that have been placed, or marketplace actions that have been finalized by the Third-Party Platform). The Company is under no obligation to manually intervene, reverse, correct, or compensate for any Execution or automation action, whether completed, partially completed, or failed, regardless of the cause. You are solely responsible for verifying results and taking corrective action directly on your Third-Party Platforms.

The Service, including all software, algorithms, AI models, interfaces, documentation, brand elements, and content (excluding Customer Data), is owned by or licensed to us and is protected by applicable intellectual property laws. We grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to access and use the Service solely during your active Subscription and solely in accordance with these Terms.

If you provide us with any feedback, suggestions, or ideas regarding the Service, you grant us, to the extent permitted by applicable law, a perpetual, worldwide, royalty-free, irrevocable license to use, incorporate, and exploit such feedback in any manner without restriction or compensation to you.

With your prior written consent, we may identify you as a customer and display your name, logo, or description in our marketing materials, website, or investor presentations. You may revoke this consent at any time on 30 days' written notice.

Subscriptions are billed monthly in advance and automatically renew at the beginning of each billing cycle unless you cancel prior to the renewal date. BY SUBSCRIBING, YOU EXPRESSLY AUTHORIZE RECURRING CHARGES TO YOUR DESIGNATED PAYMENT METHOD ON A MONTHLY BASIS UNTIL YOU CANCEL. You acknowledge that automatic renewal will continue indefinitely at the then-current rate unless you affirmatively cancel through your account settings or by contacting us in writing at support@dataglasslabs.com before the next renewal date. We are not obligated to provide renewal reminders.

All fees and usage limits are as described in the applicable Order Form or pricing page. ALL FEES ARE NON-REFUNDABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT AS SET FORTH IN A WRITTEN AGREEMENT SIGNED BY AN AUTHORIZED OFFICER OF THE COMPANY. Without limiting the foregoing, no refunds, credits, or pro-rata adjustments will be provided for: (a) partial months of service; (b) unused features, capacity, or Authorized User seats; (c) early cancellation or downgrade of a Subscription; (d) periods during which you chose not to use the Service; (e) Service modifications, updates, or feature changes; or (f) dissatisfaction with Recommendations, analytical outputs, or business results achieved (or not achieved) through use of the Service. If you believe you are entitled to a refund under applicable consumer protection law, you must submit a written request to support@dataglasslabs.com within fourteen (14) days of the charge in question.

Free trials are provided at our sole discretion, may be limited in duration and scope, and may be withdrawn or modified at any time without notice. During a trial, feature access, data volume, and usage may be restricted compared to paid plans. THE SERVICE IS PROVIDED DURING ANY TRIAL PERIOD "AS IS" WITHOUT ANY WARRANTY OR SERVICE-LEVEL COMMITMENT WHATSOEVER. At the end of the trial period, your access will automatically downgrade to a free tier (if available) or terminate unless you purchase a paid plan before the trial expires. We are under no obligation to notify you before a trial expires. Trial data, including all Customer Data and Recommendations generated during the trial, may be permanently deleted upon trial expiry without further notice or liability. No refunds, credits, or compensation of any kind will be provided in connection with free trials. We reserve the right to limit the number of trials per Customer, per entity, or per payment method.

You authorize the Company and our payment processor(s) to charge your designated payment method for all applicable fees on a recurring basis. You are responsible for keeping payment information current and accurate.

If any payment is overdue, we may, at our option and without liability: (a) suspend or restrict access to the Service; (b) apply a late fee of 1.5% per month on the overdue amount (or the maximum rate permitted by law, whichever is less); and (c) terminate the Subscription upon 7 days' written notice if the overdue amount is not paid.

All fees are exclusive of applicable taxes, levies, and duties, including VAT, withholding tax, and similar charges. You are solely responsible for paying all such taxes, except where we are legally required to collect them. If any withholding tax is required, you must gross up payments so we receive the full stated fee.

We reserve the right to change our pricing, fees, or billing structure at any time. For existing paid Subscribers, we will provide at least thirty (30) days' prior written notice (via email or in-app notification) before any price increase takes effect. The new pricing will apply at the start of your next billing cycle following the notice period. Your continued use of the Service after the new pricing takes effect constitutes your acceptance of the updated fees. If you do not agree to the new pricing, you must cancel your Subscription before the new billing cycle begins. No refunds will be issued for the billing period during which the price change was announced.

You may upgrade your plan at any time; upgrades take effect immediately and any price difference for the remainder of the current billing cycle will be charged on a pro-rata basis. Downgrades take effect at the end of the current billing cycle; no refunds, credits, or pro-rata adjustments will be issued for the remaining period of the higher-tier plan. Upon downgrade or cancellation, you may lose access to features, data retention capacity, historical analytics, integrations, or Authorized User seats associated with your prior plan. We are not responsible for any data loss resulting from a downgrade, and you should export any Customer Data you wish to retain before downgrading.

Each plan includes specified usage limits (e.g., number of connected stores, SKUs, API calls, data volume, or Authorized Users). If you exceed your plan's usage limits, we may, at our sole discretion: (a) throttle or restrict certain features; (b) require you to upgrade to a higher plan; (c) charge overage fees as described in your Order Form or pricing page; or (d) suspend access until usage returns within permitted limits. We will use reasonable efforts to notify you when you approach or exceed usage limits, but we are not obligated to do so.

If we are unable to charge your designated payment method for any reason (including insufficient funds, expired card, or payment processor error), we may: (a) retry the charge one or more times over a period of up to fifteen (15) days; (b) send you a notification requesting updated payment information; and (c) suspend or restrict access to the Service until the outstanding payment is successfully processed. Continued failure to pay may result in termination of your Subscription in accordance with Section 13. You remain liable for all fees incurred during any period of failed payment, including any applicable late fees under Section 12.5.

You may cancel your Subscription at any time through your account settings. Cancellation takes effect at the end of the then-current billing cycle. You remain responsible for all fees accrued through the end of that cycle, and no refunds will be issued for the remaining period.

We may immediately suspend your access to the Service without prior notice if we reasonably determine that:

• You have breached these Terms or any Order Form;
• Your use of the Service poses a security, legal, or reputational risk;
• Payment is overdue;
• We are required to do so by applicable law or a court or regulatory order.

Suspension does not relieve you of your payment obligations.

We may terminate these Terms and your access to the Service upon 10 days' written notice for material breach if such breach is not cured within the notice period. We may terminate immediately without notice if (a) the breach is incapable of cure, (b) you become insolvent or subject to insolvency proceedings, or (c) continued access poses immediate risk to the Service or other customers.

Upon any termination or expiration: (a) your right to access and use the Service ceases immediately; (b) all licenses granted to you under these Terms terminate; (c) data retention and deletion follows Section 6.5; (d) all outstanding payment obligations survive; and (e) Sections 6.2, 6.3, 6.4, 8, 11, 14, 15, 16, 17, 18, 20, and 22 survive indefinitely.

Each party agrees to protect the other party's Confidential Information with at least the same degree of care it uses for its own confidential information (not less than reasonable care), and to use Confidential Information only as necessary to perform its obligations or exercise its rights under these Terms.

Confidentiality obligations do not apply to information that: (a) is or becomes publicly available without breach of these Terms; (b) was independently developed by the receiving party without use of Confidential Information; (c) was rightfully received from a third party without confidentiality obligations; or (d) is required to be disclosed by applicable law or court order, provided the disclosing party gives prompt prior written notice where legally permitted.

For the avoidance of doubt, De-identified Data and Aggregated Data (as defined in Section 6.3) are not Confidential Information and are not subject to any confidentiality obligation.

IN NO EVENT SHALL THE COMPANY OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, REVENUE, DATA, GOODWILL, BUSINESS OPPORTUNITY, OR ANTICIPATED SAVINGS, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICE, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY (INCLUDING CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, UNDER ANY THEORY OF LIABILITY, SHALL NOT EXCEED THE LESSER OF (A) THE TOTAL FEES ACTUALLY PAID BY YOU TO US IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE THOUSAND UNITED STATES DOLLARS (USD $1,000). THIS CAP APPLIES IN AGGREGATE TO ALL CLAIMS, NOT PER CLAIM. FOR FREE TRIALS OR UNPAID ACCOUNTS, OUR TOTAL LIABILITY SHALL NOT EXCEED FIFTY UNITED STATES DOLLARS (USD $50).

WE SHALL HAVE NO LIABILITY WHATSOEVER FOR THIRD-PARTY PLATFORM OUTAGES, API CHANGES, DEPRECATIONS, SUSPENSIONS, DATA INACCURACIES, POLICY ENFORCEMENT, OR ANY THIRD-PARTY PLATFORM ACTION OR INACTION.

WE SHALL HAVE NO LIABILITY FOR ANY FINANCIAL LOSS, OVERSPEND, MARGIN EROSION, CAMPAIGN PERFORMANCE DEGRADATION, MARKETPLACE PENALTIES, OR OTHER ADVERSE OUTCOME RESULTING FROM: (A) EXECUTION OR AUTOMATION ACTIONS YOU AUTHORIZED, ENABLED, OR FAILED TO DISABLE OR LIMIT; (B) INCOMPLETE, PARTIAL, FAILED, DELAYED, DUPLICATED, OR OUT-OF-ORDER EXECUTION OR AUTOMATION ACTIONS CAUSED BY SERVICE INTERRUPTIONS, INFRASTRUCTURE FAILURES, OR ANY OTHER CAUSE; (C) FAILED, INCOMPLETE, OR UNAVAILABLE ROLLBACK, UNDO, OR RECOVERY OPERATIONS; (D) ACTIONS EXECUTED BASED ON STALE, CACHED, OUTDATED, OR INCOMPLETE DATA; (E) DATA SYNCHRONIZATION FAILURES OR DISCREPANCIES BETWEEN THE SERVICE AND THIRD-PARTY PLATFORMS; (F) YOUR FAILURE TO INDEPENDENTLY MONITOR, SUPERVISE, VERIFY, OR TAKE CORRECTIVE ACTION ON YOUR THIRD-PARTY PLATFORM ACCOUNTS; OR (G) ANY COMBINATION OF THE FOREGOING.

WE SHALL HAVE NO LIABILITY FOR ANY LOSS, DAMAGE, OR ADVERSE OUTCOME ARISING FROM OR RELATED TO YOUR RELIANCE ON ANY RECOMMENDATION, PROJECTION, FORECAST, SIMULATION, ESTIMATE, OR ANALYTICAL OUTPUT PROVIDED BY THE SERVICE. ALL SUCH OUTPUTS ARE DERIVED FROM MATHEMATICAL MODELING AND PROBABILISTIC ANALYSIS OF OBSERVED DATA AND ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. THEY DO NOT CONSTITUTE A GUARANTEE OF FUTURE PERFORMANCE, AND THE SOLE DECISION TO ACT UPON THEM RESTS ENTIRELY WITH YOU. THE COMPANY DOES NOT GUARANTEE UPLIFT OR IMPROVEMENT FOR ANY CUSTOMER.

You acknowledge that the limitations of liability in this Section 16 reflect a fair allocation of risk and are an essential basis of the bargain between the parties. Without these limitations, we could not provide the Service at the current pricing.

These Terms and any dispute arising out of or in connection with them are governed by and construed in accordance with the laws of the Kingdom of Thailand, without regard to its conflict of laws provisions.

Before initiating any formal dispute resolution, the parties shall attempt to resolve any dispute through good-faith negotiation for at least 30 days after written notice of the dispute is given.

If the dispute is not resolved through negotiation, it shall be finally resolved by binding arbitration administered by the Thailand Arbitration Center (THAC) in accordance with THAC's arbitration rules then in effect. The seat of arbitration shall be Bangkok, Thailand. The language of the arbitration shall be English. The arbitral award shall be final and binding, and judgment may be entered in any court of competent jurisdiction. If any portion of this Section 18 is held unenforceable with respect to a particular claim, the parties agree that the courts of Bangkok, Thailand shall have non-exclusive jurisdiction over that claim, and the remaining portions of this Section shall remain in effect to the fullest extent permitted by law.

YOU WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASS, COLLECTIVE, OR REPRESENTATIVE BASIS. ALL DISPUTES MUST BE BROUGHT SOLELY IN YOUR INDIVIDUAL CAPACITY.

Notwithstanding the foregoing, either party may seek emergency injunctive or other equitable relief from a court of competent jurisdiction to prevent irreparable harm pending arbitration.

By creating an Account, you consent to receive electronic communications from us, including emails, in-app notifications, and push notifications, relating to your Account, Subscription, Service updates, billing, security alerts, and other operational matters. You agree that such electronic communications satisfy any legal requirements for written notice.

All notices under these Terms must be in writing and sent to the email address associated with your Account (for notices to you) or to support@dataglasslabs.com (for notices to us). Notices are deemed received upon delivery to the recipient's email server. For legal notices (including breach, termination, or dispute notices), a copy should additionally be sent to legal@dataglasslabs.com. It is your responsibility to keep your Account email address current and monitored.

We may send you promotional or marketing communications about our products and services. You may opt out of marketing communications at any time by using the unsubscribe link in the email or by contacting us. Opting out of marketing communications does not affect transactional or operational communications related to your Account or Subscription.

You may not assign or transfer these Terms, or any rights or obligations hereunder, without our prior written consent. We may freely assign or transfer these Terms in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets. Any purported assignment in violation of this Section is void.

If any provision of these Terms is held invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it enforceable.

These Terms, together with any applicable Order Form and our Privacy Policy, constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all prior agreements, representations, and understandings. In the event of a conflict between these Terms and an Order Form, the Order Form controls solely with respect to the specific commercial terms described therein.

No failure or delay by either party in exercising any right under these Terms constitutes a waiver of that right. A waiver is only effective if made in writing and signed by the waiving party.

Neither party shall be liable for delays or failures in performance resulting from circumstances beyond its reasonable control, including natural disasters, acts of government, telecommunications outages, pandemic, or third-party platform failures, provided the affected party gives prompt notice and uses reasonable efforts to mitigate the impact.

The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship.

These Terms do not confer any rights or remedies on any third party.

These Terms are written in English. In the event of any conflict between an English version and any translation, the English version prevails.

The Service may be subject to export control and sanctions laws and regulations, including those of Thailand, the United States, and the European Union. You represent and warrant that: (a) you are not located in, or a national or resident of, any country or territory that is the target of comprehensive economic sanctions; (b) you are not listed on any applicable restricted or denied party list; and (c) you will not use the Service in violation of any applicable export control or sanctions laws. The Company reserves the right to restrict or terminate access to the Service to comply with applicable export control and sanctions requirements without notice or liability.