1. Introduction
These Terms of Service ("Terms") govern your access to and use of the websites, software, and services provided by Hive Mind Nestor Private Limited ("Hive Mind Nestor", "we", "us", or "our"), a company incorporated in India. By accessing hivemindnestor.com, optimizer.hivemindnestor.com, or any related subdomain (collectively, the "Services"), or by subscribing to the Hive Mind Ad Optimizer or engaging our consulting services, you agree to be bound by these Terms.
If you are accepting these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity. If you do not agree to these Terms, you may not access or use the Services.
2. About Us
Hive Mind Nestor Private Limited is incorporated in India and operates as a verified Amazon Advertising Partner and Amazon Service Provider Network (SPN) partner. Our services include Amazon advertising management software (SaaS) and digital consulting services for Amazon sellers and vendors.
Registered office: Agra, Uttar Pradesh, India
Contact email: info@hivemindnestor.com
3. The Services
We offer two categories of Services:
- Hive Mind Ad Optimizer (SaaS): A cloud-based software platform that connects to the Amazon Advertising API to help sellers and vendors optimize their advertising campaigns on Amazon marketplaces.
- Consulting and Managed Services: Remote professional services including account audits, PPC management retainers, and full account management for Amazon Seller Central and Vendor Central operations.
4. Accounts and Eligibility
To use the Services, you must be at least 18 years old and capable of forming a binding contract. You agree to provide accurate, current, and complete information during registration and to keep your account information updated. You are responsible for safeguarding your password and for all activities that occur under your account.
You must notify us immediately of any unauthorized use of your account at info@hivemindnestor.com.
5. Fees, Billing, and Payment
Payment processor. All subscription payments for the Hive Mind Ad Optimizer are processed by Paddle.com Market Limited ("Paddle"), who acts as the merchant of record for these transactions. Paddle handles billing, tax collection, and payment processing on our behalf. Your use of Paddle's services is subject to Paddle's terms and privacy policy, available at paddle.com.
Subscription billing. Subscriptions are billed in advance on a recurring monthly basis in US Dollars (USD) unless otherwise stated. Your subscription will automatically renew at the end of each billing period until cancelled.
Service retainers. Consulting and managed service engagements are invoiced monthly in advance. Initial engagements are subject to net-7 payment terms; subsequent invoices are net-15.
Taxes. Prices displayed exclude applicable taxes. Paddle calculates and remits sales tax, VAT, and GST where required by law. For service engagements, applicable Indian GST will be added to invoices issued to Indian customers.
Late payments. Service retainer invoices unpaid after 30 days may result in suspension of services and incur a late fee of 1.5% per month on outstanding balances.
6. Cancellation and Refunds
You may cancel your Hive Mind Ad Optimizer subscription at any time from your account dashboard. Cancellation takes effect at the end of the current billing period.
Refunds are governed by our Refund Policy, which forms part of these Terms.
Service retainers may be cancelled with 30 days written notice after completion of the initial minimum term.
7. Amazon API and Third-Party Services
The Hive Mind Ad Optimizer integrates with the Amazon Advertising API and, where applicable, the Amazon Selling Partner API. Your use of these integrations is also subject to Amazon's terms, including the Amazon Ads API License Agreement and the Amazon Services Business Solutions Agreement.
You authorize us to access your Amazon advertising and selling accounts solely for the purpose of providing the Services. You may revoke this authorization at any time from your Amazon account settings or by contacting us.
8. Acceptable Use
You agree not to:
- Use the Services to violate any law, regulation, or Amazon policy;
- Attempt to reverse engineer, decompile, or extract source code from our software;
- Resell, sublicense, or redistribute the Services without our prior written consent;
- Upload or transmit malicious code, viruses, or content that infringes third-party rights;
- Use the Services to manipulate Amazon search rankings in violation of Amazon's policies;
- Interfere with or disrupt the integrity or performance of the Services.
Violation of this section may result in immediate suspension or termination of your account without refund.
9. Intellectual Property
All intellectual property rights in the Services, including the Hive Mind Ad Optimizer software, its source code, documentation, and all related materials, are and remain the exclusive property of Hive Mind Nestor Private Limited. Nothing in these Terms transfers any ownership rights to you.
You retain all rights to your own data, including advertising data retrieved from your Amazon accounts. You grant us a limited licence to process this data solely for the purpose of providing the Services.
10. Confidentiality
Each party agrees to protect the other's confidential information with the same degree of care it uses to protect its own confidential information, and not less than reasonable care. Confidential information includes non-public business data, advertising performance metrics, customer lists, and pricing information exchanged during service engagements.
11. Warranties and Disclaimers
The Services are provided on an "as is" and "as available" basis. To the maximum extent permitted by law, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement.
We do not guarantee any specific advertising performance results, return on ad spend (ROAS), advertising cost of sale (ACOS), sales volume, or ranking outcomes. Amazon marketplaces are competitive environments influenced by factors outside our control.
12. Limitation of Liability
To the maximum extent permitted by law, Hive Mind Nestor's total aggregate liability arising out of or related to these Terms or the Services shall not exceed the amount you paid to us in the twelve (12) months preceding the event giving rise to the claim.
In no event shall we be liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits, lost revenue, lost data, or business interruption, even if we have been advised of the possibility of such damages.
13. Indemnification
You agree to indemnify and hold harmless Hive Mind Nestor, its officers, directors, employees, and affiliates from any claims, damages, losses, or expenses (including reasonable legal fees) arising out of your use of the Services, your violation of these Terms, or your violation of any third-party rights.
14. Termination
We may suspend or terminate your access to the Services at any time if you breach these Terms, fail to pay amounts owed, or engage in conduct that we reasonably believe is harmful to us, our customers, or third parties. Upon termination, your right to use the Services ceases immediately. Sections 9, 10, 11, 12, 13, and 17 survive termination.
15. Changes to the Terms
We may update these Terms from time to time. Material changes will be communicated to you by email or through a notice on the Services at least 30 days before they take effect. Your continued use of the Services after the effective date constitutes acceptance of the revised Terms.
16. Governing Law and Jurisdiction
These Terms are governed by the laws of India, without regard to conflict of law principles. Subject to applicable consumer protection laws in your jurisdiction, the courts of Agra, Uttar Pradesh, India shall have exclusive jurisdiction over any dispute arising out of or in connection with these Terms.
17. Miscellaneous
These Terms, together with our Privacy Policy and Refund Policy, constitute the entire agreement between you and us regarding the Services. If any provision is found unenforceable, the remaining provisions will remain in full effect. Our failure to enforce any right is not a waiver of that right.
18. Contact
Questions about these Terms can be sent to info@hivemindnestor.com.