Platform – Terms of Service - Nostradamus.cloud - Your e-commerce buddy

Platform – Terms of Service

Terms of Service & Privacy Policy (Nostradamus platform)

These Terms of Service & Privacy Policy govern your use of the SAAS platform located at https://app.nostradamus.cloud/ and any related services provided by iERP j.s.a..

By accessing https://app.nostradamus.cloud/ and/or Starting the service, you agree to abide by these Terms of Service and to comply with all applicable laws and regulations. If you do not agree with these Terms of Service, you are prohibited from using or accessing this platform or using any other services provided by iERP j.s.a..

We, iERP j.s.a., reserve the right to review and amend any of these Terms of Service & Privacy Policy at our sole discretion. Upon doing so, we will update this page. Any changes to these Terms of Service will take effect immediately from the date of publication.

These Terms of Service & Policies are effective as of 1 January 2022.

Definitions

These are definitions of terms used in this Terms of use and Privacy policy document

  1. “Platform”, “Nostradamus”, refers to the website https://app.nostradamus.cloud/ as well as all the scripts, docker containers, databases, and other technical tools used to provide services for the Customer.
  2. “Customer”, “Store owner”, “you” refers to the store owner and/or affiliated personal managing or using the e-commerce store on Shopify platform
  3. “E-commerce store”, refers to an e-commerce store hosted on the Shopify platform and maintained by the Store owner
  4. “Consumer”, refers to the person purchasing goods from the Store owner hosted on the E-commerce store
  5. “Start of service”, refers to an event, when you install the Nostradamus platform into your Shopify e-commerce store
  6. “End of service”, refers to an event, Shopify platform notifies Nostradamus to delete store data

Limitations of Use

By using this platform, you warrant on behalf of yourself, your users, and other parties you represent that you will not:

  1. modify, copy, prepare derivative works of, decompile, or reverse engineer any materials and software contained on this platform;
  2. remove any copyright or other proprietary notations from any materials and software on this platform;
  3. transfer the materials to another person or “mirror” the materials on any other server;
  4. knowingly or negligently use this platform or any of its associated services in a way that abuses or disrupts our networks or any other service iERP j.s.a. provides;
  5. use this platform or its associated services to transmit or publish any harassing, indecent, obscene, fraudulent, or unlawful material;
  6. use this platform or its associated services in violation of any applicable laws or regulations;
  7. use this platform in conjunction with sending unauthorized advertising or spam;
  8. harvest, collect, or gather user data without the user’s consent; or
  9. use this platform or its associated services in such a way that may infringe the privacy, intellectual property rights, or other rights of third parties.

Intellectual Property

The intellectual property in the materials contained in this platform are owned by or licensed to iERP j.s.a. and are protected by applicable copyright and trademark law. We grant our users permission to download one copy of the materials for personal, non-commercial transitory use.

This constitutes the grant of a license, not a transfer of title. This license shall automatically terminate if you violate any of these restrictions or the Terms of Service, and may be terminated by iERP j.s.a. at any time.

Liability

Our platform and the materials on our platform are provided on an ‘as is’ basis. To the extent permitted by law, iERP j.s.a. makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property, or other violation of rights.

In no event shall iERP j.s.a. or its suppliers be liable for any consequential loss suffered or incurred by you or any third party arising from the use or inability to use this platform or the materials on this platform, even if iERP j.s.a. or an authorized representative has been notified, orally or in writing, of the possibility of such damage.

In the context of this agreement, “consequential loss” includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity, or otherwise.

Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

Accuracy of Materials

The materials appearing on our platform are not comprehensive and are for general information purposes only. iERP j.s.a. does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on this platform, or otherwise relating to such materials or on any resources linked to this platform.

Monitoring of performance and precision of the interface between Shopify API service and Nostradamus platform is done by iERP’s staff proactively on best effort bases

Links

iERP j.s.a. has not reviewed all of the sites linked to its platform and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement, approval, or control by iERP j.s.a. of the site. Use of any such linked site is at your own risk and we strongly advise you make your own investigations with respect to the suitability of those sites.

Right to Use

Usage of the platform starts when you authorize our platform with your e-commerce store during installation.

These are possible states of the platform with corresponding rights to use:

Free trial

Automatically starts once you authorize Nostradamus with your e-commerce store. During the trial, you will have the same access rights as in the “profesional version” of the Nostradamus platform.

Before the end of the free trial, you will need to take an action and subscribe to one of the offered subscriptions. If you failed to do so, we reserve a right to terminate the service.

We reserve a right to increase or decrease the length of the free trial program based on Nostradamus discretion.

Standard subscription

Subscription to the Standard plan enables you to have access to the Nostradamus including following features:

  • Included: Synchronization functions between your Shopify store and our platform
  • Included: A subset of visualizations (all except of visualizations marked with the icon on the top left corner
  • Not included: Machine learning / A.I. Algorithms
  • Not included: Advanced knowledge base (known as e-commerce coach)

Profesional subscription

Subscription to Profesional plan enable you to have access to the Nostradamus including following featues:

  • Included: All the Standard subsciption features
  • Included: Access to all visualisations & dashboards
  • Included: Access to machine learning training, forecasting and dashboards
  • Included: Advanced knowledge base (known as e-commerce coach)

Subscription billing

Nostradamus is utilizing Shopify API to execute subscription billing to you.

During Free trial, in the subscription section of the Nostradamus, you will be offered prices for 2 plans. Standard subscription and Profesional subscription

Offer is made, based on average number of orders past 60 days.

The offer lists number of included orders, and number of included user accounts in the subscription.

Subscription billing is done in 2 steps:

  • 1. Recurrent charge: This is charge placed on the beginning of time period.
  • 2. Additional charge: If number of orders / users in the specific time period exceeded number of inlcuded orders / users in your subscription, additional volume metric charge will be placed to your account.

Your active subscription can be changed to a different plan directly in the Nostradamus platform.

Time period for subscription starts, when you order the subscription with length of 30 days.

The subscription is extended automaticaly by additional month, until you terminate the subscription.

Termination

Termination event may occur in several scenarios:

  • 30 days after Shopify notifies Nostradamus using “GDPR Store redact webook” to delete Store data
  • 37 Days after subscription billing has not been paid
  • Or an event defined in Right to terminate section

Right to Terminate

You have the right to cancel your subscription any-time. Cancelation will be applicable starting from beginning of next time period

We may suspend or terminate your right to use our platform and terminate these Terms of Service immediately upon written notice to you for any breach of these Terms of Service.

We will suspend the right to use when any of these events occurs:

  • You failed to approve subscription charge after free trial of the platform finished
  • You rejected legitimate billing request by Nostradamus
  • When you or any of your associates miss use the platform beyond it’s original intent
  • Any reason identified by Nostradamus during your trial period
  • Any breach of these Terms of Service or Privacy policy

Severance

Any term of these Terms of Service which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity of the remainder of these Terms of Service is not affected.

Governing Law

These Terms of Service are governed by and construed in accordance with the laws of Slovakia. You irrevocably submit to the exclusive jurisdiction of the courts in that State or location.

Privacy Policy

Your privacy is important to us. It is iERP j.s.a.’s policy to respect your privacy and comply with any applicable law and regulation regarding any personal information we may collect about you, including across our platform, https://app.nostradamus.cloud/, and other sites we own and operate.

Information We Collect

Information connection starts at the event of “Start of Service” and occurs regurarly until event defined in “Termination” section would occur

Information we collect falls into one of 3 categories: “voluntarily provided” information, “API Synchronized” information, and “automatically collected” information.

Voluntarily provided information

There we web-forms and order interactive elements on the Nostradamus portal

All the may be stored in the database and assigned to your account

Purpose of the collection: Is to provide you with the Nostradamus product. Access to this information is defined in section “Disclosure of Personal Information to Third Parties”

API Synchronized information

During automated data synchronisation between Shopify API and Nostradamus platform, we are synchronizing and storing the following information:

  • General information about your e-commerce store, including the following fields: Store name, currency, physical location, your email, language and store metadata provided by Shopify
  • All orders and line items of orders, including the following fields: Order name, quantities per status, price, currency, and dates
  • All products and product variants, including the following fields: Product name, image, notes, tags, price, cost, type, identification codes, units of measure
  • All customers, including following fields: Name, Email, Company name, Notes, City, Country
  • All locations, including the following fields: Name, type, physical location
  • All inventory levels, including the following fields: Quantity on stock, supplier information

Purpose of the collection we use all the information above to:

  • Provide you Nostradamus service
  • Generate data dashboards
  • Provide you actionable suggestions
  • Generate for you notification emails
  • Train AI machine learning algorithms
  • Generate AI machine learning predictions
  • Access to this information is defined in section “Disclosure of Personal Information to Third Parties”

Automatically collected information

Log Data

When you visit our platform, or any backend services are executed in order to provide you the Nostradamus service, our servers may automatically log those activities. It may include your device’s Internet Protocol (IP) address, your browser type and version, the pages you visit, the time and date of your visit, the time spent on each page, and other details about your visit.

List of events that may be logged:

  • Synchronization between Shopify and Nostradamus database
  • Billing and trial events
  • Login events and list of all visited web pages
  • AI training and forecasting events
  • Log files generated by the Microsoft Azure platform

Please be aware that while this information may not be personally identifying by itself, it may be possible to combine it with other data to personally identify individual persons.

Error reporting

If you or any service encounter certain errors while using the platform, we may automatically collect data about the error and the circumstances surrounding its occurrence. This data may include technical details about your device, what you were trying to do when the error happened, and other technical information relating to the problem. You may or may not receive notice of such errors, even in the moment they occur, that they have occurred, or what the nature of the error is.

Errors are collected in the Microsoft Azure services and/or Sentry.io services

These errors may be captured from your web browser or backend tasks (including data synchronization, AI training, AI forecasting, or any services that provided data to your browser)

Purpose of the collection: Is to continuously monitor the correct execution of the platform and do proactive or reactive maintenance. Access to this information is defined in section “Disclosure of Personal Information to Third Parties”

Chatbot

Every time you login into Nostradamus platform, we are automatically updating your profile on Intercom chatbot platform.

Data synchronized with Intercom platform: Your name, Your email, Your company name, status and type of your subscription

Purpose of the collection: Is to provide our agents all the information needed, in order to provide you the best possible customer experience.

Transaction Data

Transaction data refers to data that accumulates over the normal course of operation on our platform. This may include transaction records, stored files, user profiles, analytics data and other metrics, as well as other types of information, created or generated, as users interact with our services.

Purpose of the collection: Is to continuously monitor the correct execution of the platform and do proactive or reactive maintenance. Access to this information is defined in section “Disclosure of Personal Information to Third Parties”

Legitimate Reasons for Processing Your Personal Information

We only collect and use your personal information when we have a legitimate reason for doing so. In which instance, we only collect personal information that is reasonably necessary to provide our services to you.

Collection and Use of Information

We may collect, hold, use, and disclose information for the following purposes, and personal information will not be further processed in a manner that is incompatible with these purposes:

  • to provide you with our platform’s core features and services
  • for analytics, market research, and business development, including to operate and improve our platform, associated applications, and associated social media platforms
  • to enable you to access and use our platform, associated applications, and associated social media platforms
  • for internal record keeping and administrative purposes
  • to comply with our legal obligations and resolve any disputes that we may have
  • for technical assessment, including to operate and improve our app, associated applications, and associated social media platforms

We may combine voluntarily provided and automatically collected personal information with general information or research data we receive from other trusted sources. For example, If you provide us with your location, we may combine this with general information about currency and language to provide you with an enhanced experience of our site and service.

Security of Your Personal Information

When we collect and process personal information, and while we retain this information, we will protect it within commercially acceptable means to prevent loss and theft, as well as unauthorized access, disclosure, copying, use, or modification.

Although we will do our best to protect the personal information you provide to us, we advise that no method of electronic transmission or storage is 100% secure, and no one can guarantee absolute data security.

You are responsible for selecting any password and its overall security strength, ensuring the security of your own information within the bounds of our services. For example, ensuring any passwords associated with accessing your personal information and accounts are secure and confidential.

How Long We Keep Your Personal Information

We keep your personal information only for as long as we need to. This time period may depend on what we are using your information for, in accordance with this privacy policy. For example, if you have provided us with personal information as part of creating an account with us, we may retain this information for the duration your account exists on our system. If your personal information is no longer required for this purpose, we will delete it or make it anonymous by removing all details that identify you.

However, if necessary, we may retain your personal information for our compliance with a legal, accounting, or reporting obligation or for archiving purposes in the public interest, scientific, or historical research purposes, or statistical purposes.

Information deleted after termination events occur

When termination events occurs, these data will be deleted

  • All orders and line items of orders
  • All products and product variants
  • All customers
  • All locations
  • All inventory levels

Information is retained even after the subscription or free trial is completed

When a termination event occurs, some information will be preserved due to legal and technical requirements including:

  • Information about your e-commerce store
  • Log files
  • Anonymized data used for AI training

GDPR automated processes

Nostradamus platform implements mandatory Shopify GDPR requests in following way:

  • Customer data request: In maximum of 30 days, we will extract data for a specific consumer and his orders, and send it to the email address registered to the e-commerce store
  • Customer redact request: In maximum of 30 days, we will set fields name, email, street, company name, to the consumer requesting the redaction. Consumer row will remain in the database and it will become anonymized
  • Shop redact request: In maximum of 30 days, we will redact all the shop data as defined in “Information deleted after termination events occur”

Children’s Privacy

We do not aim any of our products or services directly at children under the age of 13, and we do not knowingly collect personal information about children under 13.

Disclosure of Personal Information to Third Parties

We may disclose personal information to:

  • a parent, subsidiary, or affiliate of our company
  • third-party service providers for the purpose of enabling them to provide their services, including (without limitation) IT service providers, data storage, hosting and server providers, analytics, error loggers, debt collectors, maintenance or problem-solving providers, marketing providers, professional advisors, and payment systems operators
  • our employees, contractors, and/or related entities
  • our existing or potential agents or business partners
  • credit reporting agencies, courts, tribunals, and regulatory authorities, in the event you fail to pay for goods or services we have provided to you
  • courts, tribunals, regulatory authorities, and law enforcement officers, as required by law, in connection with any actual or prospective legal proceedings, or in order to establish, exercise, or defend our legal rights
  • third parties, including agents or sub-contractors, who assist us in providing information, products, services, or direct marketing to you
  • third parties to collect and process data
  • an entity that buys, or to which we transfer all or substantially all of our assets and business

Third parties we currently use include:

  • Google Analytics
  • Sentry.io
  • Intercom
  • Microsoft Azure

International Transfers of Personal Information

The personal information we collect is stored and/or processed in Netherlands (in Microsoft Azure “Europe West” datacenters), or where we or our partners, affiliates, and third-party providers maintain facilities.

The countries to which we store, process, or transfer your personal information may not have the same data protection laws as the country in which you initially provided the information. If we transfer your personal information to third parties in other countries: (i) we will perform those transfers in accordance with the requirements of applicable law; and (ii) we will protect the transferred personal information in accordance with this privacy policy.

Your Rights and Controlling Your Personal Information

Your choice: By providing personal information to us, you understand we will collect, hold, use, and disclose your personal information in accordance with this privacy policy. You do not have to provide personal information to us, however, if you do not, it may affect your use of our platform or the products and/or services offered on or through it.

Information from third parties: If we receive personal information about you from a third party, we will protect it as set out in this privacy policy. If you are a third party providing personal information about somebody else, you represent and warrant that you have such person’s consent to provide the personal information to us.

Marketing permission: If you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by contacting us using the details below.

Access: You may request details of the personal information that we hold about you.

Correction: If you believe that any information we hold about you is inaccurate, out of date, incomplete, irrelevant, or misleading, please contact us using the details provided in this privacy policy. We will take reasonable steps to correct any information found to be inaccurate, incomplete, misleading, or out of date.

Non-discrimination: We will not discriminate against you for exercising any of your rights over your personal information. Unless your personal information is required to provide you with a particular service or offer (for example processing transaction data), we will not deny you goods or services and/or charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties, or provide you with a different level or quality of goods or services.

Notification of data breaches: We will comply with laws applicable to us in respect of any data breach.

Complaints: If you believe that we have breached a relevant data protection law and wish to make a complaint, please contact us using the details below and provide us with full details of the alleged breach. We will promptly investigate your complaint and respond to you, in writing, setting out the outcome of our investigation and the steps we will take to deal with your complaint. You also have the right to contact a regulatory body or data protection authority in relation to your complaint.

Unsubscribe: To unsubscribe from our email database or opt-out of communications (including marketing communications), please contact us using the details provided in this privacy policy, or opt-out using the opt-out facilities provided in the communication. We may need to request specific information from you to help us confirm your identity.

Use of Cookies

We use “cookies” to collect information about you and your activity across our site. A cookie is a small piece of data that our platform stores on your computer, and accesses each time you visit, so we can understand how you use our site. This helps us serve you content based on preferences you have specified.

Please refer to our Cookie Policy for more information.

Business Transfers

If we or our assets are acquired, or in the unlikely event that we go out of business or enter bankruptcy, we would include data, including your personal information, among the assets transferred to any parties who acquire us. You acknowledge that such transfers may occur, and that any parties who acquire us may, to the extent permitted by applicable law, continue to use your personal information according to this policy, which they will be required to assume as it is the basis for any ownership or use rights we have over such information.

Limits of Our Policy

Our platform may link to external sites that are not operated by us. Please be aware that we have no control over the content and policies of those sites, and cannot accept responsibility or liability for their respective privacy practices.

Changes to This Policy

At our discretion, we may change our privacy policy to reflect updates to our business processes, current acceptable practices, or legislative or regulatory changes. If we decide to change this privacy policy, we will post the changes here at the same link by which you are accessing this privacy policy.

If the changes are significant, or if required by applicable law, we will contact you (based on your selected preferences for communications from us) and all our registered users with the new details and links to the updated or changed policy.

If required by law, we will get your permission or give you the opportunity to opt in to or opt out of, as applicable, any new uses of your personal information.

Additional Disclosures for General Data Protection Regulation (GDPR) Compliance (EU)

Data Controller / Data Processor

The GDPR distinguishes between organisations that process personal information for their own purposes (known as “data controllers”) and organizations that process personal information on behalf of other organizations (known as “data processors”). We, iERP j.s.a., located at the address provided in our Contact Us section, are a Data Controller and/or Processor with respect to the personal information you provide to us.

Legal Bases for Processing Your Personal Information

We will only collect and use your personal information when we have a legal right to do so. In which case, we will collect and use your personal information lawfully, fairly, and in a transparent manner. If we seek your consent to process your personal information, and you are under 16 years of age, we will seek your parent or legal guardian’s consent to process your personal information for that specific purpose.

Our lawful bases depend on the services you use and how you use them. This means we only collect and use your information on the following grounds:

Consent From You

Where you give us consent to collect and use your personal information for a specific purpose. You may withdraw your consent at any time using the facilities we provide; however this will not affect any use of your information that has already taken place. You may consent to providing your email address for the purpose of receiving marketing emails from us. While you may unsubscribe at any time, we cannot recall any email we have already sent. If you have any further enquiries about how to withdraw your consent, please feel free to enquire using the details provided in the Contact Us section of this privacy policy.

Performance of a Contract or Transaction

Where you have entered into a contract or transaction with us, or in order to take preparatory steps prior to our entering into a contract or transaction with you. For example, if you purchase a product, service, or subscription from us, we may need to use your personal and payment information in order to process and deliver your order.

Our Legitimate Interests

Where we assess it is necessary for our legitimate interests, such as for us to provide, operate, improve and communicate our services. We consider our legitimate interests to include research and development, understanding our audience, marketing and promoting our services, measures taken to operate our services efficiently, marketing analysis, and measures taken to protect our legal rights and interests.

Compliance with Law

In some cases, we may have a legal obligation to use or keep your personal information. Such cases may include (but are not limited to) court orders, criminal investigations, government requests, and regulatory obligations. If you have any further enquiries about how we retain personal information in order to comply with the law, please feel free to enquire using the details provided in the Contact Us section of this privacy policy.

International Transfers Outside of the European Economic Area (EEA)

We will ensure that any transfer of personal information from countries in the European Economic Area (EEA) to countries outside the EEA will be protected by appropriate safeguards, for example by using standard data protection clauses approved by the European Commission, or the use of binding corporate rules or other legally accepted means.

Your Rights and Controlling Your Personal Information

Restrict: You have the right to request that we restrict the processing of your personal information if (i) you are concerned about the accuracy of your personal information; (ii) you believe your personal information has been unlawfully processed; (iii) you need us to maintain the personal information solely for the purpose of a legal claim; or (iv) we are in the process of considering your objection in relation to processing on the basis of legitimate interests.

Objecting to processing: You have the right to object to processing of your personal information that is based on our legitimate interests or public interest. If this is done, we must provide compelling legitimate grounds for the processing which overrides your interests, rights, and freedoms, in order to proceed with the processing of your personal information.

Data portability: You may have the right to request a copy of the personal information we hold about you. Where possible, we will provide this information in CSV format or other easily readable machine format. You may also have the right to request that we transfer this personal information to a third party.

Deletion: You may have a right to request that we delete the personal information we hold about you at any time, and we will take reasonable steps to delete your personal information from our current records. If you ask us to delete your personal information, we will let you know how the deletion affects your use of our platform or products and services. There may be exceptions to this right for specific legal reasons which, if applicable, we will set out for you in response to your request. If you terminate or delete your account, we will delete your personal information within 30 days of the deletion of your account. Please be aware that search engines and similar third parties may still retain copies of your personal information that has been made public at least once, like certain profile information and public comments, even after you have deleted the information from our services or deactivated your account.

Contact Us

For any questions or concerns regarding your privacy, you may contact us using the following details:

iERP j.s.a.
Tolstého 849/5
811 06, Bratislava, Slovakia, European Union
support@ierp.ai or support@nostradamus.cloud