1. Introduction
These Terms of Service, together with any order form, subscription page, checkout page, acceptable use rules, privacy notice, cookie notice and any other document referenced in these Terms, govern your access to and use of Apilot.co and any related websites, applications, dashboards, software, reports, exports, alerts, APIs, documentation, support services and other services provided by APILOT LTD.
APILOT LTD is a company registered in England and Wales under company number 17156688, with registered office at 124 City Road, London, England, EC1V 2NX.
In these Terms:
- “Apilot”, “we”, “us” and “our” mean APILOT LTD;
- “Customer”, “you” and “your” mean the person, company, organisation or other legal entity accessing or using the Services;
- “Services” means Apilot.co and any related Apilot products, software, dashboards, reports, alerts, exports, APIs, data views, documentation and support services;
- “Customer Data” means data, identifiers, files, settings, watchlists, notes, configurations, URLs, seller identifiers, product identifiers, account information or other content submitted to, uploaded to, imported into or configured within the Services by you or on your behalf.
By creating an account, starting a trial, subscribing to a paid plan, accessing the dashboard, using an API key, receiving alerts, downloading exports or otherwise using the Services, you agree to these Terms.
If you use the Services on behalf of a company, partnership, public body or other organisation, you confirm that you have authority to bind that organisation to these Terms.
If you do not agree to these Terms, you must not use the Services.
2. Business use
The Services are primarily intended for business and professional use. You must be at least 18 years old and capable of entering into a legally binding agreement.
If you use the Services as a consumer, any mandatory consumer rights that cannot be excluded or limited by law will continue to apply. However, the Services are not designed as a consumer product and may not include features, cancellation rights, support levels or documentation intended for consumer use.
3. What Apilot provides
Apilot provides marketplace intelligence and monitoring tools designed to help customers track and understand marketplace-related information.
Depending on your plan, the Services may include:
- product tracking;
- seller tracking;
- marketplace listing monitoring;
- price, content, availability or seller change detection;
- watchlists;
- alerts and notifications;
- listing history and change history;
- dashboards and operational reports;
- data exports;
- team and workspace features;
- subscription and billing management;
- AI-assisted summaries, explanations or recommendations;
- API access or integrations;
- onboarding, managed rollout or support services.
The exact features, limits, refresh frequency, data retention period, export availability, support level and usage rights depend on your selected plan, account configuration, order form, subscription page or any written agreement between you and Apilot.
We may change, improve, replace, suspend or remove features from time to time. Where a material change significantly affects an active paid subscription, we will use reasonable efforts to provide notice where practical.
4. Independent service and no marketplace affiliation
Apilot is an independent software and market intelligence service.
Unless expressly stated in writing, Apilot is not affiliated with, endorsed by, sponsored by, authorised by or officially connected with Amazon, eBay, TikTok Shop, Walmart, Shopify, Stripe, Google, Microsoft, Meta or any other marketplace, platform, payment provider, brand owner, seller, data provider or third-party service.
Third-party names, trademarks, logos, marketplace identifiers, product identifiers, seller identifiers, ASINs, item IDs, URLs and similar references are used only for identification, compatibility, reporting, monitoring, analysis or descriptive purposes.
All third-party trademarks and rights remain the property of their respective owners.
5. Account registration and security
You must provide accurate, complete and current information when creating an account, subscribing to the Services or using the Services.
You are responsible for:
- maintaining the confidentiality of your login credentials;
- keeping passwords, API keys and access tokens secure;
- controlling access to your workspace and team accounts;
- ensuring that only authorised users access the Services;
- all activity under your account, workspace, API keys and integrations.
You must notify us promptly if you suspect unauthorised access, credential compromise, API key misuse or any security issue affecting your account.
We may require additional verification, restrict access, rotate credentials, revoke API keys, suspend an account or take other reasonable steps where we believe this is necessary to protect the Services, customers, third parties or Apilot.
6. Workspace users and team access
If your plan allows multiple users, you are responsible for managing workspace users, roles, permissions and access rights.
You must ensure that each user has their own login credentials. You must not share individual login credentials between multiple people.
You are responsible for all actions taken by users invited to or authorised within your workspace, including configuration changes, imports, exports, alerts, billing actions and API usage.
7. Subscription plans, trials and billing
The Services may be offered on a free, trial, freemium, paid subscription, usage-based, enterprise, custom or beta basis.
Paid subscriptions may be billed monthly, annually or on another billing cycle shown at checkout, in your billing portal, on the subscription page, in an invoice or in an order form.
Unless stated otherwise, paid subscriptions renew automatically until cancelled.
By subscribing to a paid plan, you authorise Apilot and its payment processor to charge the applicable fees, recurring charges, taxes and other amounts using your selected payment method.
Payments may be processed by third-party payment providers such as Stripe. Payment processing is subject to the payment provider’s own terms, policies and security controls.
You are responsible for keeping billing details accurate and up to date. If payment fails, we may retry payment, contact you, restrict features, suspend the account, downgrade the account, disable exports, pause alerts, revoke API access or terminate the subscription.
8. Taxes
Fees are exclusive of VAT, sales tax, use tax, withholding tax, duties and similar charges unless expressly stated otherwise.
You are responsible for all applicable taxes, except taxes based on Apilot’s net income.
Where required by law, we may collect VAT, sales tax or similar taxes. If you are required to withhold tax from a payment, you must gross up the payment so that Apilot receives the full amount invoiced, unless prohibited by law.
9. Cancellation, downgrades and refunds
You may cancel a subscription through your billing portal, account settings or by contacting support, unless your order form or separate written agreement states otherwise.
Unless stated otherwise, cancellation takes effect at the end of the current billing period. You may continue to access the paid features until the end of that period, subject to these Terms.
Downgrading or cancelling may result in:
- loss of features;
- lower usage limits;
- reduced data retention;
- disabled alerts;
- restricted exports;
- removal of team seats;
- reduced refresh frequency;
- suspension of API access;
- loss of access to data that exceeds the new plan limits.
Unless required by law or expressly agreed in writing, fees are non-refundable. We may, at our discretion, offer credits, refunds or extensions in exceptional circumstances. Offering a credit, refund or extension once does not require us to do so again.
You should export important data before cancelling, downgrading or allowing a subscription to expire.
10. Acceptable use
You must use the Services lawfully, responsibly and in accordance with these Terms.
You must not:
- use the Services for illegal, fraudulent, deceptive, harmful or abusive purposes;
- use the Services to infringe intellectual property, privacy, data protection, consumer protection, contractual, marketplace, platform or other rights;
- attempt to bypass plan limits, rate limits, usage restrictions, access controls, authentication controls or security controls;
- reverse engineer, decompile, disassemble, copy, scrape, crawl, mirror or build a competing product from the Services, except to the extent permitted by law;
- use the Services to send spam, unlawful marketing, phishing messages, malware, deceptive communications or unsolicited bulk communications;
- interfere with, overload, disrupt, test the vulnerability of, scan or attack the Services or related infrastructure;
- upload or transmit viruses, malware, worms, logic bombs, malicious scripts or harmful code;
- share login credentials, resell access, rent access, sublicense access or make the Services available to unauthorised third parties;
- operate a service bureau, managed data resale service or competing intelligence service using Apilot without our written consent;
- use outputs from the Services in a misleading, deceptive, unlawful or harmful way;
- use the Services to unlawfully profile individuals, discriminate, make automated decisions with legal or similarly significant effects, or process sensitive personal data without a valid legal basis;
- use the Services in breach of marketplace rules, website terms, API terms, robots restrictions, platform policies or third-party rights;
- use the Services in a way that may harm Apilot’s reputation, infrastructure, customers, suppliers or third-party relationships.
We may investigate suspected violations and may suspend, restrict or terminate access where we reasonably believe there has been misuse or risk to Apilot, customers, infrastructure, marketplaces or third parties.
11. Customer Data
You retain ownership of your Customer Data.
You grant Apilot a worldwide, non-exclusive, royalty-free licence to host, process, copy, transmit, display, analyse and use Customer Data as necessary to:
- provide the Services;
- generate dashboards, reports, alerts, exports and history;
- manage your account and subscription;
- provide support;
- secure, monitor and maintain the Services;
- prevent fraud, abuse and misuse;
- improve and develop the Services;
- comply with law;
- enforce these Terms.
You are responsible for ensuring that you have all necessary rights, permissions and lawful bases to provide Customer Data to Apilot and to use the Services with that data.
You must not upload or submit special category data, children’s data, health data, biometric data, criminal offence data, government identifiers, full payment card data, passwords, highly confidential third-party data or other highly sensitive personal data unless we have expressly agreed in writing and appropriate safeguards are in place.
12. Public marketplace data and third-party data
The Services may process, display, store, compare, enrich or analyse information from marketplaces, websites, APIs, public pages, customer-provided identifiers, third-party data providers or other sources.
Marketplace and third-party data may be incomplete, delayed, inaccurate, unavailable, restricted, changed, removed or subject to third-party terms.
We do not guarantee that any marketplace, seller, listing, price, availability, ranking, history, seller attribute, product attribute, signal, alert, export, report or analysis is complete, accurate, current, uninterrupted or suitable for your specific purpose.
You are responsible for independently verifying important information before making business, pricing, purchasing, compliance, financial, legal, tax, operational or marketplace decisions.
13. Alerts, reports and AI-assisted outputs
Alerts, reports, dashboards, exports, recommendations and AI-assisted outputs are provided for informational and operational support only.
They are not legal, tax, financial, investment, accounting, compliance, marketplace policy or professional advice.
AI-assisted outputs may be generated from available data, prompts, account settings and model behaviour. They may be incomplete, inaccurate, outdated, speculative or unsuitable for your particular use.
You must review and verify outputs before relying on them, publishing them, sending them to third parties or making decisions based on them.
14. Service availability, maintenance and changes
We aim to provide a reliable service, but we do not guarantee uninterrupted, error-free, secure or always-available access.
The Services may be affected by:
- maintenance and updates;
- system limits;
- hosting issues;
- third-party provider outages;
- payment provider issues;
- marketplace changes;
- API failures;
- network issues;
- security events;
- data source restrictions;
- force majeure events;
- other circumstances beyond our reasonable control.
We may modify, improve, suspend, discontinue, replace or remove features, data sources, integrations, limits, plans or parts of the Services at any time.
15. Beta, experimental and preview features
We may offer beta, experimental, preview, early access or trial features.
These features may be unstable, incomplete, inaccurate, unsupported, changed or discontinued at any time. They are provided “as is” and may be subject to additional terms.
You should not rely on beta, experimental or preview features for critical business processes without appropriate backups, checks and contingency plans.
16. API access and integrations
If your plan includes API access or integrations, you must comply with any API documentation, authentication rules, rate limits, security requirements and usage restrictions we provide.
We may monitor API usage to protect the Services, enforce limits, prevent abuse, improve performance and maintain security.
We may suspend, rotate or revoke API keys if we reasonably believe they are compromised, misused, excessive, harmful, unlawful or in breach of these Terms.
17. Referral links and promotional tracking
Apilot may support referral parameters, promotional links, campaign URLs or similar tracking mechanisms, including URLs containing parameters such as ?ref=.
Unless we have entered into a separate written affiliate, referral, reseller or partner agreement with you, the presence or use of a referral parameter, promotional link or tracking URL does not create any right to commission, payment, credit, discount, partnership status or revenue share.
We may disable, ignore, modify, expire or remove referral parameters or promotional tracking at any time, especially where we suspect abuse, fraud, self-referrals, misleading promotion, spam, unlawful marketing or breach of these Terms.
You must not promote Apilot using unlawful, deceptive, misleading, unsolicited or abusive marketing practices.
18. Cookies, privacy and data protection
Your use of the Services is also governed by our Privacy Policy and Cookie Policy.
Apilot may use strictly necessary cookies and similar technologies for login, session management, security, fraud prevention and core service functionality. These are required for the Services to work properly.
Where Apilot uses non-essential cookies or similar technologies, such as analytics, advertising, retargeting or marketing tracking technologies, we will provide information and obtain consent where required by applicable law.
Where we process personal data on your behalf as a processor or service provider, additional data processing terms may apply and may be included in an enterprise order form or data processing agreement.
You must comply with applicable data protection, privacy, electronic communications and marketing laws when using the Services.
19. Intellectual property
Apilot and its licensors own all rights, title and interest in the Services, software, dashboards, user interfaces, designs, workflows, databases, models, algorithms, source code, documentation, branding, trade marks, templates, reports, system-generated metadata and related intellectual property, except for Customer Data and third-party materials.
Subject to these Terms and your subscription, we grant you a limited, non-exclusive, non-transferable, revocable right to access and use the Services for your internal business purposes.
No rights are granted except as expressly stated in these Terms.
You must not remove, obscure or alter any proprietary notices, branding, attribution or legal notices in the Services.
20. Feedback
If you provide suggestions, ideas, feedback, bug reports, feature requests, improvement proposals or other comments, you grant Apilot a perpetual, worldwide, irrevocable, royalty-free licence to use them without restriction or compensation.
We may use feedback to improve, develop, market and operate the Services.
21. Confidentiality
Each party may receive confidential information from the other. Confidential information includes non-public business, technical, financial, product, security, pricing, customer, roadmap and operational information.
The receiving party must protect confidential information using reasonable care and must not use or disclose it except as necessary to perform under these Terms, comply with law, enforce rights or with the disclosing party’s permission.
Confidentiality obligations do not apply to information that is public, already known without restriction, independently developed or lawfully received from a third party.
22. Third-party services
The Services may link to, integrate with or depend on third-party services, including marketplaces, hosting providers, analytics providers, payment processors, email providers, AI model providers, authentication providers, data providers and infrastructure providers.
We are not responsible for third-party services, content, data, terms, policies, outages, security incidents, pricing, changes, restrictions or decisions.
Your use of third-party services may be subject to separate terms and privacy notices.
23. Suspension and termination
We may suspend or terminate access immediately if:
- you breach these Terms;
- payment is overdue;
- your use creates security, legal, operational or reputational risk;
- your account appears compromised;
- your usage exceeds plan limits or creates excessive load;
- we are required to do so by law, regulator, court order or third-party provider;
- your use may harm Apilot, customers, suppliers, marketplaces or third parties.
You may stop using the Services at any time.
Termination does not affect rights and obligations that accrued before termination, including payment obligations, confidentiality, intellectual property, disclaimers, limitations of liability, indemnities and governing law.
24. Data export and deletion after termination
During your subscription, you may be able to export certain Customer Data depending on your plan and account status.
After termination, cancellation, expiry or non-payment, we may retain Customer Data for a limited period for backup, legal, audit, dispute, security and operational purposes, after which it may be deleted or anonymised.
We are not responsible for loss of data after account closure, downgrade, termination, non-payment or expiry.
You should export important data before cancelling, downgrading or allowing a subscription to expire.
25. Disclaimers
To the fullest extent permitted by law, the Services are provided on an “as is” and “as available” basis.
We disclaim all warranties, representations, conditions and guarantees, whether express, implied, statutory or otherwise, including warranties of merchantability, fitness for a particular purpose, accuracy, non-infringement, availability, security, compatibility and uninterrupted operation.
We do not guarantee that the Services will identify every relevant marketplace change, seller change, product change, price change, availability change, content change, risk, opportunity, error, compliance issue or business event.
We do not guarantee that data from marketplaces, websites, APIs or third-party sources will remain available, lawful to access, accurate, complete, timely or unchanged.
Nothing in these Terms excludes or limits liability that cannot be excluded or limited by law.
26. Limitation of liability
Nothing in these Terms excludes or limits liability for:
- death or personal injury caused by negligence;
- fraud or fraudulent misrepresentation;
- any liability that cannot be excluded or limited under applicable law.
Subject to the paragraph above, and to the fullest extent permitted by law, Apilot will not be liable for:
- loss of profits;
- loss of revenue;
- loss of sales;
- loss of business;
- loss of anticipated savings;
- loss of goodwill;
- loss or corruption of data;
- business interruption;
- marketplace suspension, delisting, ranking change, account restriction or account action;
- third-party platform decisions;
- indirect, special, incidental, punitive, exemplary or consequential loss.
Subject to the first paragraph of this section, Apilot’s total aggregate liability arising out of or relating to the Services or these Terms will not exceed the greater of:
- the fees paid by you to Apilot for the Services in the three months before the event giving rise to the claim; or
- £100.
For free, trial, beta or unpaid Services, Apilot’s total aggregate liability will not exceed £100.
27. Indemnity
You agree to indemnify and hold harmless Apilot, its directors, officers, employees, contractors, agents, suppliers and affiliates from and against claims, losses, liabilities, damages, costs and expenses, including reasonable legal fees, arising from:
- your breach of these Terms;
- your Customer Data;
- your use or misuse of the Services;
- your breach of law or third-party rights;
- your breach of marketplace, API, website or platform terms;
- your communications, campaigns, decisions or actions based on the Services;
- your unauthorised sharing, resale or commercial exploitation of the Services;
- your unlawful, deceptive or abusive use of referral links, promotional tracking or marketing materials.
28. US customers, class action waiver and jury trial waiver
If you are located in the United States, to the extent permitted by applicable law, you and Apilot agree that any claim must be brought only in your or Apilot’s individual capacity and not as a claimant or class member in any class, collective, consolidated, representative or private attorney general action.
To the extent permitted by applicable law, you and Apilot waive the right to a jury trial for disputes arising out of or relating to these Terms or the Services.
Some jurisdictions do not allow some waivers or limitations, so parts of this section may not apply to you.
29. Customers outside the United Kingdom
Apilot is operated from the United Kingdom.
You are responsible for ensuring that your access to and use of the Services is lawful in the country or territory where you are located or where your users, customers or business operations are located.
If you access the Services from outside the United Kingdom, you do so on your own initiative and are responsible for compliance with applicable local laws.
Nothing in these Terms is intended to exclude mandatory rights or protections that cannot be excluded under the laws of your country or territory, including mandatory consumer rights where applicable.
30. Force majeure
We are not liable for delay or failure caused by events beyond our reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, labour disputes, internet failures, hosting failures, cyberattacks, marketplace changes, API restrictions, supplier failures, power failures, government action, legal restrictions, pandemics or other force majeure events.
31. Changes to these Terms
We may update these Terms from time to time.
The updated version will be posted on our website or made available through the Services. The effective date will show when the Terms were last updated.
If changes are material, we will use reasonable efforts to notify active customers. Continued use of the Services after the updated Terms take effect means you accept the updated Terms.
If you do not agree to the updated Terms, you must stop using the Services and, where applicable, cancel your subscription.
32. Governing law and jurisdiction
These Terms and any dispute or claim arising out of or relating to them, their subject matter or formation are governed by the laws of England and Wales.
Subject to any mandatory rights that cannot be excluded under applicable law, the courts of England and Wales will have exclusive jurisdiction over disputes arising out of or relating to these Terms or the Services.
If you are a consumer, you may have mandatory rights to bring or defend claims in your country of residence. Nothing in this section is intended to remove rights that cannot be excluded by law.
33. Contact details
For legal notices and questions about these Terms:
APILOT LTD
Company number: 17156688
Registered in England and Wales
Registered office: 124 City Road, London, England, EC1V 2NX
Legal email: [email protected]
For privacy or data protection questions: [email protected]
For account, billing or technical support: [email protected]