TRENDMART INC. SOFTWARE-AS-A-SERVICE (SaaS) TERMS OF SERVICE

Last updated: 14 June 2025

1. Agreement to Terms

By clicking "Start Free Trial", "Sign-Up", connecting a store, or otherwise using TrendMart AI, you agree to be bound by these Terms of Service (the "Agreement") between TrendMart Inc., a Canadian federal corporation, business number 754947166, with its registered office at 4892 Westmount Ave., Montréal, QC H3Y 1Y1, Canada ("TrendMart", "we", "our", "us") and you, the user ("Client", "you", "your"). If you do not agree, do not use the Service.

2. Definitions

TermMeaning
"Authorised Use"Use of the Software strictly for Client's internal retail-operations, subject to the plan limits selected during the Subscription Process.
"Connectors"Pre-built integrations that ingest data from Client's commerce stack. At launch TrendMart supports Shopify; additional connectors may be added and announced on our Site.
"Data"All information uploaded, transmitted or generated by or for Client (including Personal Data) and any output, metrics or insights produced by the Software.
"Software" / "TrendMart AI"TrendMart's cloud platform that centralises commerce data and applies machine-learning models to produce demand forecasts and inventory recommendations. Accessible via dashboard and API.
"Stores"A distinct e-commerce storefront identified by a unique domain or store ID.
"Subscription Process"The online workflow (or executed Order Form) where Client selects a plan and enters billing details.
"Trial Account"A free, seven-day instance of the Software provided solely for evaluation.

3. Purpose

TrendMart grants Client a limited licence to use the Software as a service under the conditions below.

4. Term

Initial Term. The Agreement starts when Client completes the Subscription Process (or day eight of a Trial Account) and continues month-to-month.

Renewal. It renews automatically for successive one-month periods unless either Party gives written notice of non-renewal at least five (5) days before the end of the current term.

5. Free Trial

Client may use a Trial Account for seven (7) days. Unless upgraded to a paid plan, access ends automatically. Trial Accounts are provided "as is/available" with no warranties and all data/configuration may be deleted upon expiry.

6. Licence & Restrictions

Grant. Subject to timely payment, TrendMart grants Client a non-exclusive, non-transferable right to access and use the Software 24 × 7 (outside planned maintenance and events beyond TrendMart's control). No source code is provided or licensed.

Restrictions. Client shall not (a) sublicense, sell or rent the Software; (b) reverse-engineer or seek to extract source code; (c) modify or create derivative works; (d) access the Software to build or benchmark a competing product or service; (e) introduce malware or otherwise violate law or third-party rights.

7. Obligations

7.1 TrendMart

  • Provide access to the Software in accordance with these Terms.
  • Use commercially reasonable efforts to keep the Service available.
  • Provide e-mail support Monday-Friday, 9 a.m.–5 p.m. Eastern Time with a target response time of 24 hours for all plans.

7.2 Client

  • Provide accurate registration and billing information and promptly update any changes.
  • Pay fees as set out in §10.
  • Use the Software only within the limits of the selected plan. When plan limits (e.g., number of users) are reached, additional usage will be blocked until Client manually upgrades.

7.3 Non-competitive Use

Client represents it is not a direct competitor or analytics vendor and will not use the Software for competitive analysis or development. Breach is material; TrendMart may terminate immediately and seek injunctive relief.

8. Intellectual Property

TrendMart and its licensors retain all IP rights in the Software, documentation, brand elements, and underlying models. Except as expressly licensed, no rights are granted. TrendMart will defend Client against third-party claims that unmodified TrendMart AI infringes a Canadian or U.S. patent, copyright or trade-mark, subject to standard notice, control and cooperation requirements. If use is enjoined, TrendMart may (a) procure continuation, (b) replace/modify, or (c) terminate and refund prepaid fees.

9. Data, Privacy & Security

Ownership. Client owns its Data.

Licence to TrendMart. Client grants TrendMart a worldwide licence to host, process and analyse Data solely to provide and improve the Service.

Security. TrendMart applies row-level tenant isolation, access-controlled infrastructure and industry best practices.

Personal Data & DPA. TrendMart currently serves customers in Canada and the United States. Where required by law, a Data Processing Addendum (DPA) is available on request and will apply.

10. Fees & Payment

Plan names & pricing. Starter, Growth, Enterprise — fees are as listed on our Pricing page and are exclusive of applicable GST/HST/QST or sales taxes.

Billing cadence. Monthly; credit card via Stripe.

Plan limits. If Client reaches the maximum allowances in the chosen tier, further usage is blocked until Client manually upgrades. TrendMart will never upgrade or charge automatically without consent.

Late fees. Overdue amounts accrue interest at 1.5 % per month.

11. Warranty Disclaimer

EXCEPT AS EXPRESSLY STATED, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TRENDMART DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND ACCURACY OF RESULTS.

12. Limitation of Liability

NEITHER PARTY SHALL BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR LOST PROFITS. EACH PARTY'S AGGREGATE LIABILITY SHALL NOT EXCEED THE FEES PAID BY CLIENT IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

13. Termination

Either Party may terminate for material breach on ten (10) business-days' notice if uncured. TrendMart may suspend or terminate immediately for non-payment or breach of §6/§7.3. Upon termination, Client's licence ends and access is disabled; at Client's written request within thirty (30) days, TrendMart will provide a Data export, after which Data is deleted from live systems. Sections on IP, confidentiality, data, fees, liability and governing law survive termination.

14. Confidentiality

Each Party will protect the other's Confidential Information with at least the same care it uses for its own (and no less than reasonable care) and use it solely to perform under this Agreement. Obligations survive two (2) years after termination (trade secrets for so long as they remain trade secrets).

15. Sub-Processors

TrendMart uses these authorised sub-processors to deliver the Service:

Sub-processorPurpose
Amazon Web Services, Inc.Primary cloud hosting & storage (row-level multi-tenant isolation)
Stripe, Inc.Payment processing & invoicing
Google Cloud (Gemini API)Large-language-model inference powering certain AI features

16. Governing Law & Venue

This Agreement is governed by the laws of the Province of Québec and the federal laws of Canada applicable therein. The Parties submit to the exclusive jurisdiction of the courts of Montréal, Québec. The Parties shall attempt in good faith to resolve any dispute within thirty (30) days before commencing litigation.

17. Force Majeure

Neither Party is liable for delays or failures caused by events beyond its reasonable control. If such event continues for thirty (30) days, either Party may terminate without liability.

18. Non-Solicitation

During the Term and for twelve (12) months thereafter, Client will not solicit any TrendMart employee who directly supported the Service. Breach triggers liquidated damages equal to twelve months of that employee's last gross salary plus reasonable recruitment costs.

19. Notices

Notices must be sent by e-mail to kross.li@trendmart.ai (TrendMart) and to the email address associated with Client's account. Email is deemed received when sent.

20. Miscellaneous

The Agreement constitutes the entire agreement, superseding all prior terms. Neither Party may assign without the other's consent, except to an affiliate or on merger/asset sale. Failure to enforce any provision is not a waiver. If any provision is unenforceable, the remainder remains in full force.