Terms of Service

1. Agreement

These Terms of Service ("Terms") constitute a legal agreement between you and Shelfmark, Inc. ("the Company," "we," "us," or "our") (4620 Henry Street, Suite 200, Pittsburgh, PA 15213), governing your use of sheifmark.com and the Shelfmark production intelligence platform (collectively, "the Service"). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

If you are accessing the Service on behalf of a manufacturing organization or employer, you represent that you have authority to bind that organization to these Terms, and "you" includes that organization.

2. Use of the Service

• You must be at least 18 years old and, where you are acting as an authorized operator or plant engineer on behalf of an organization, have proper authorization from that organization.
• You agree not to use the Service for unlawful purposes, to interfere with its operation, or to attempt to gain unauthorized access to our systems, data pipelines, or other customers' data.
• You may not scrape, reverse-engineer, or copy the Service or its underlying models except as expressly permitted by applicable law or a separate written agreement with us.
• Platform accounts are issued to individual operators and engineers. You are responsible for keeping credentials confidential and for all activity under your account.

3. Intellectual Property

The Service, including all marketing content, software, anomaly detection models, processing logic, and visual assets on sheifmark.com, is owned by the Company or its licensors and is protected by U.S. and international intellectual property laws. We grant you a limited, non-exclusive, non-transferable license to access the Service solely for its intended purpose as described in your platform agreement or pilot arrangement. No other rights are granted.

Factory-floor production data, sensor telemetry, and line recordings submitted by your organization through the platform remain your organization's property. We process that data only to provide the Service and as described in our Privacy Policy.

4. User Content and Submissions

You are responsible for any information you submit through the Service, including contact form messages, pilot inquiry details, and platform configuration inputs. You represent that you have all necessary rights and permissions to submit such information. You grant us a limited license to use, store, and process it as necessary to provide the Service, respond to your inquiry, and improve the Service in the aggregate.

5. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF DEFECTS. ANOMALY DETECTION RESULTS ARE PROVIDED TO ASSIST TRAINED OPERATORS AND DO NOT SUBSTITUTE FOR QUALIFIED ENGINEERING JUDGMENT.

6. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE SERVICE, INCLUDING ANY MISSED DEFECT DETECTION OR PRODUCTION LOSS. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM OR RELATED TO THE SERVICE WILL NOT EXCEED USD $100 OR THE AMOUNT YOU PAID US IN THE THREE MONTHS PRECEDING THE CLAIM, WHICHEVER IS GREATER.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation of certain damages; in those jurisdictions, our liability will be limited to the maximum extent permitted by law.

7. Indemnification

You agree to defend, indemnify, and hold harmless the Company from any claims, damages, liabilities, and expenses (including reasonable attorneys' fees) arising from (a) your use of the Service, (b) your violation of these Terms, or (c) your violation of any third-party right, including any unauthorized submission of data your organization does not have the right to share.

8. Termination

We may suspend or terminate your access to the Service at any time, with or without notice, for any reason, including violation of these Terms. Sections that by their nature should survive termination will do so, including Sections 3, 5, 6, 7, 9, and 10.

9. Governing Law; Dispute Resolution

These Terms are governed by the laws of the Commonwealth of Pennsylvania, without regard to its conflict-of-law principles.

Informal Resolution. Before filing a claim, you agree to contact us at [email protected] and attempt to resolve the dispute informally for at least 60 days. Most concerns can be addressed this way.

Arbitration. Any dispute that cannot be resolved informally will be settled by binding arbitration administered in Pennsylvania, USA under the rules of the American Arbitration Association ("AAA"). Judgment on the arbitrator's award may be entered in any court of competent jurisdiction. You and the Company each waive the right to a jury trial and the right to participate in a class action.

Exception. Either party may seek injunctive relief in a court of competent jurisdiction located in Pennsylvania, USA for intellectual property infringement or unauthorized access to the Service or its data.

10. Changes to These Terms

We may update these Terms from time to time. Material changes will be posted with a new "Last updated" date. Continued use of the Service after the effective date of the updated Terms constitutes acceptance.

11. Contact