Website Terms of Use and Incorporated Privacy Policy

1. Agreement

These Terms govern Client's access to and use of the Site and Services. The Company may modify these Terms at any time by posting the modified Terms to the Site. Any such modifications shall be effective immediately upon posting unless some other effective date is expressly stated. You can view the most recent version of these Terms at https://cashmarginpartners.com/terms. Your use of the Site shall constitute and be deemed your unconditional acceptance of these Terms. Capitalized words and phrases in these Terms have the meanings set forth in Appendix A.

2. Certification

You certify that you are at least 18 years of age and that your answers to the registration materials on the Site will be truthful.

3. Intellectual Property

The Company owns and retains all proprietary rights to the Site; the Services; and all content including without limitation text, logos, trademarks, images, and software. The Company grants Client a limited, revocable, nonexclusive license to use the Site and Services solely for Client's own use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. Client agrees not to copy content from the Site or reverse engineer the Site. Client's use of the Site and Services is at the discretion of the Company, which may terminate Client's access and use at any time.

4. Compliance with Laws

Client agrees to comply with all applicable laws regarding use of the Site and Services. By uploading or otherwise disclosing information to the Company, Client represents that the information is true and accurate and that Client has the right to upload or disclose that information.

5. Privacy

Your use of the Site and Services is governed by Section 5 of these Terms, the Privacy Policy. The Company reserves the right, and you authorize us, to use and assign all information provided by or collected from you in any manner consistent with the Privacy Policy.

Information Collected

To provide the Services, the Company may collect, use, process, and under certain conditions disclose information you provide through the Site, including Business Data, Client Personal Information, and Incidental Personal Information, as defined in these Terms.

Rights and Duties

The rights and duties of the Client and the Company with respect to the Services, Business Data, and Personal Information may be governed by applicable laws and regulations of the United States and the state where a Client is incorporated, organized, registered, has its principal place of business, or makes use of the Services (collectively, the "Data Protection Laws"). At a minimum, the Company maintains policies and controls consistent with the Virginia Consumer Data Protection Act, the District of Columbia Consumer Protection Procedures Act, the District of Columbia Consumer Personal Information Security Breach Notification Act, and Section 5 of the Federal Trade Commission Act.

Information Use

The Services use proprietary analytics and artificial intelligence ("AI") tools to analyze sales, inventory, supply chain, and related operational data ("Business Data") provided by Client to generate insights and recommendations designed to improve revenue, operational efficiency, and profit margins.

The Company will make commercially reasonable efforts to promptly remove any Personal Information of Client's customers incidentally provided to the Company within Client's Business Data ("Incidental Personal Information") before applying the Company's proprietary data analytics and AI tools to the Business Data.

The Company will collect, use, and process Personal Information pertaining directly to the Client ("Client Personal Information") in the registration process and in the course of providing the Services. The Company will never disclose any data or information except as provided in this Privacy Policy or as may be required by law.

Types of Information

Specific data the Company may request or otherwise obtain includes but is not limited to: Client contact information; inventory management, POS and e-commerce reports; login information; other account information; customer service information; user preferences; device information; website navigation information; cookies; and non-personal data, such as aggregated or de-identified demographic/profile data, from third-party sources including selected partners and companies that specialize in providing enterprise data, analytics, and software as a service.

Legal Bases

We do not collect data to build marketing profiles of Clients. We collect specific Personal Information and financial artifacts solely to execute the Services and related activities including general communication; product support and improvement; security; research and development; and billing and payments.

Legal bases for our collection and use of data include without limitation: (i) our performance and exercise of contractual rights and duties; (ii) our compliance with laws, lawful requests, court orders, and legal processes; and (iii) our legitimate interest in conducting the Company's business.

Artificial Intelligence, Infrastructure, and Data Aggregation

The Company may use enterprise-grade analytics and AI service providers to classify inventory, generate reports, support product workflows, and respond to user requests. We configure subprocessors to limit retention and secondary use where those controls are available.

Your data may be processed by service providers used to operate the Services, including hosting, database, authentication, email delivery, payment, analytics, AI, and commerce-integration providers. These providers are permitted to process data only for the Services and related operational purposes.

Anonymized Data

The Company reserves the irrevocable right to create and use de-identified, aggregated data sets assembled to include Client's Business Data ("Anonymized Data") (for example, "average apparel margins in the Southeast" or "sector-wide dead stock trends"). We create Anonymized Data by removing or modifying data points that could be used to associate Business Data or Personal Information to a Client or individual, and by applying technical and organizational safeguards designed to prevent the data from being re-associated with any Client or individual. The Company owns all rights to such Anonymized Data in perpetuity.

We do not sell Business Data or Personal Information. We may use Anonymized Data to operate, secure, improve, and benchmark the Services, and any disclosure of Anonymized Data is governed by this Privacy Policy.

When we disclose Anonymized Data to third-party service providers or AI platforms, we will make commercially reasonable efforts to ensure, and where required by law will contractually require, that such providers or AI platforms: (i) not attempt to re-identify the data; (ii) not combine the data with other information to identify a Client or individual; and (iii) use the data only for the purposes we specify.

Change of Ownership

We may disclose your Business Data and Personal Information in connection with the re-organization or merger of the Company with another entity or a sale of all or a substantial portion of our assets or ownership, including any due diligence carried out in relation to the same, provided that the information disclosed continues to be used in accordance with these Terms by the entity acquiring the information.

Data Retention

The Company will make commercially reasonable efforts to promptly remove Incidental Personal Information received within Business Data provided by the Client before applying the Company's proprietary data analytics and AI tools to the Business Data. We retain your Business Data only for as long as necessary to fulfill the purposes for which it was collected or as required by Data Protection Laws.

Raw CSV uploads are processed in memory and are not intentionally written to disk. Reports, classifier output, action plans, account records, billing metadata, audit events, and security logs may be retained while needed to provide the Services, maintain the account, meet legal obligations, resolve disputes, and protect the Services.

You may request account deletion or export by emailing privacy@CashMarginPartners.com. We respond to access and privacy inquiries as described below, and deletion timing depends on account state, legal obligations, backup retention, and whether the Company is acting as a Data Controller or Data Processor.

Children's Privacy

The Services are only intended for use by business users. Accordingly, we do not intentionally gather Personal Information from persons who are under the age of 18. If we learn that any Personal Information is the information of a person under the age of 18, we will use reasonable efforts to delete the information in a timely manner.

Client Access and Inquiries

You own your business. If you want to know what data we have in our systems, or if you want us to promptly delete your Business Data and/or Client Personal Information, please email privacy@CashMarginPartners.com.

When the Company is acting as a Data Controller, we will process your request in accordance with this Privacy Policy and respond within two (2) business days. If the Company is acting as a Data Processor, we will direct you to the relevant Data Controller that can process your request.

If you believe that your Business Data or Client Personal Information is being used in a way that violates or infringes upon Data Protection Laws, you may be entitled to lodge a complaint with relevant authorities.

Disclosure

Subject to legal obligations and narrowly-defined, legitimate business reasons described in this Privacy Policy, we will never disclose your Business Data or Client Confidential Information.

From time to time, we may engage third-party service providers. Such providers may have limited access to Business Data and Client Personal Information for the sole purpose of helping manage or improve the Site and Services, subject to contractual restrictions on their access to and use of such data no less restrictive than our obligations under this Privacy Policy and Data Protection Laws.

Cross-border Processing

Business Data and Client Personal Information may be collected, transferred to, stored and processed by us and/or third parties described above in the United States or countries outside the United States. We will take all necessary steps to ensure that such recipients of such data adhere to commercially reasonable data security practices and comply with all relevant Data Protection Laws.

Law Enforcement; Subpoenas

If the law requires us to, we may need to collect and/or process Business Data or Personal Information to comply with the valid order or request of a court, regulator, or law enforcement agency. Furthermore, we may disclose such information at our sole discretion where we deem it necessary to protect the safety of any individual or the public, or to prevent violation of rights of the Company or any third party.

6. Indemnification

Client indemnifies and agrees to defend and hold harmless the Company and its officers, employees, agents, affiliates, licensees, web hosting services and third parties for any losses, costs, liabilities and expenses (including but not limited to court costs, legal fees, awards or settlements) relating to or arising out of Client's use of the Site and Services, including any breach by Client of these Terms.

7. No Warranties

THE COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT WITH RESPECT TO THE SITE AND SERVICES. SPECIFICALLY, THE COMPANY DOES NOT WARRANT THAT THE SITE AND SERVICES WILL ALWAYS BE AVAILABLE, BE UNINTERRUPTED, BE ERROR FREE, MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THEM WILL BE CORRECTED.

8. Limitation of Liability

By using the Site and any Services provided by the Company, Client agrees that in no event will the Company or its officers, employees, agents, affiliates, licensees or web hosting services be liable for any direct, indirect, incidental, special, exemplary, punitive or consequential damages (including damages from loss of business, lost profits, litigation, or the like) or any other damages as a result of Client's accessing the Site and using any of the Services. Client's sole remedy for any breach or default of these Terms by the Company shall be a return of any fees paid to the Company for the Services provided under these Terms. Client may have additional rights under certain laws which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages.

9. Governing Law; Venue

These Terms or any dispute arising from these Terms is governed by the laws of Virginia, without regard to conflicts of law provisions. For any lawsuit arising from or related to these Terms, venue shall be the state and federal courts located in Virginia.

10. Severability

If any provision of these Terms shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect.

11. Entire Agreement

These Terms, along with any Master Service Agreement, Service Level Agreement, Scope of Work, or Data Analytics Agreement constitute Client's entire agreement with the Company with respect to the Site and Services.

12. Waiver

Any failure of the Company to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. Any waiver of any provision of these Terms by the Company must be in writing and signed by an authorized representative of the Company.

13. Updates

We may update these Terms from time to time. While we will make reasonable efforts to communicate such updates to the Client, it is the Client's responsibility to be familiar with the most current version of these Terms by periodically reviewing the Site for the latest information on our privacy practices. Should you have questions or comments related to this Policy, please contact us at privacy@CashMarginPartners.com.

14. Electronic Signature

You further understand and agree that clicking or pressing "I agree" is the electronic equivalent of a written signature on this document.

"I have read these Terms and agree to be bound by them."