Terms of Service

Last Updated: 23rd February 2025

These Terms of Use ("Terms") govern your access to and use of the services provided by Marketplace Analytics Ltd ("365Labs", "we", "us", or "our"), including the software-as-a-service (SaaS) product ("Service" or "Services") offered through our website and platform. By accessing or using our Services, you agree to comply with and be bound by these Terms. If you do not agree with these Terms, you should not use our Services.

1. Acceptance of Terms

By accessing or using 365Labs' Services, you represent that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy. If you are using our Services on behalf of a company or other entity, you represent that you have the authority to bind that entity to these Terms.

2. Changes to Terms

We reserve the right to modify or update these Terms at any time, without prior notice. Any changes will be posted on this page with an updated "Effective Date." It is your responsibility to review these Terms periodically to stay informed about any changes. Your continued use of the Services after any such changes constitutes your acceptance of the new Terms.

3. Account Registration

In order to use our Services, you may be required to create an account with 365Labs. When registering, you agree to provide accurate, current, and complete information, and to update your account information as necessary to keep it accurate and complete. You are responsible for maintaining the confidentiality of your account credentials, including your username and password, and for all activities that occur under your account.

4. License Grant

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to use the Services solely for your internal business purposes. You may not sublicense, transfer, or distribute the Services to third parties unless expressly authorized by 365Labs.

5. Prohibited Conduct

You agree not to:

  • Use the Services for any unlawful, illegal, fraudulent, or malicious purposes.

  • Attempt to reverse-engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Services.

  • Interfere with or disrupt the integrity or performance of the Services or any third-party data hosted on or accessed through the Services.

  • Use the Services to transmit harmful, offensive, or malicious content, including viruses, malware, or other harmful code.

  • Use the Services to violate the intellectual property rights of 365Labs or any third party.

  • Share your account credentials or allow unauthorized third parties to access your account.

  • Violate any applicable laws or regulations while using the Services.

6. Payment and Billing

Some features of the Services may require payment. By subscribing to or purchasing our paid Services, you agree to pay all applicable fees as specified during the checkout process. Fees are billed in advance, and payment terms are described at the time of purchase. You are responsible for paying all taxes, duties, and other charges related to the Services.

If you fail to make a payment, we may suspend or terminate your access to the Services. Payment disputes should be directed to our customer support team.

7. Service Availability

We will use commercially reasonable efforts to ensure that the Services are available 24/7; however, we do not guarantee uninterrupted access. The Services may be temporarily unavailable due to system maintenance, upgrades, or other factors outside of our control. We are not liable for any downtime or interruptions in Service.

8. Intellectual Property

All intellectual property rights in and to the Services, including any software, documentation, and other materials provided as part of the Services, are owned by 365Labs or our licensors. These rights are protected by copyright, trademark, and other intellectual property laws. You may not use, copy, modify, or distribute any part of the Services unless expressly authorized by us.

9. Data Protection and Privacy

Your use of the Services is also governed by our Privacy Policy, which describes how we collect, use, and protect your personal data. By using the Services, you agree to the collection and use of your data in accordance with the Privacy Policy.

10. Third-Party Links and Content

The Services may contain links to third-party websites, services, or content that are not owned or controlled by 365Labs. We are not responsible for the content, privacy policies, or practices of any third-party sites or services. You acknowledge and agree that we are not liable for any damages or losses arising from your use of any third-party websites or services.

11. Limitation of Liability

To the fullest extent permitted by applicable law, 365Labs and its affiliates, officers, employees, agents, and licensors shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or in connection with your use of the Services, even if we have been advised of the possibility of such damages.

In no event shall 365Labs' total liability for all claims related to the Services exceed the amount paid by you for the specific Services that gave rise to the claim in the 12 months prior to the event giving rise to the claim.

12. Indemnification

You agree to indemnify, defend, and hold harmless 365Labs, its affiliates, officers, employees, agents, and licensors from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to your use of the Services, your violation of these Terms, or your violation of any third-party rights.

13. Termination

365Labs reserves the right to suspend or terminate your account and access to the Services at any time, without prior notice, if you violate these Terms or if we believe that such action is necessary to protect our rights, interests, or the integrity of the Services.

Upon termination, your right to access and use the Services will immediately cease. You may be entitled to a refund for prepaid Services in accordance with our refund policy, if applicable.

14. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of England and Wales. Any dispute arising from or in connection with these Terms or your use of the Services shall be resolved through binding arbitration or, if applicable, the courts located in [insert jurisdiction or location], United Kingdom.

15. Miscellaneous

  • Severability: If any provision of these Terms is deemed invalid or unenforceable, the remaining provisions will remain in full force and effect.

  • Entire Agreement: These Terms, along with any additional terms, conditions, or policies incorporated herein by reference (such as the Privacy Policy), constitute the entire agreement between you and 365Labs regarding your use of the Services.

  • Force Majeure: 365Labs shall not be liable for any delay or failure to perform due to causes beyond our reasonable control, including acts of nature, government restrictions, or technical failures.

16. Contact Information

If you have any questions or concerns about these Terms, please contact us at hello@365labs.ai