1. Service description
Hive Mind Ad Optimizer (the "Service") is a software-as-a-service application operated by Hive Mind Nestor Private Limited ("Hive Mind Nestor", "we", "us"). The Service ingests Amazon Brand Analytics reports and other Selling Partner data via the official Amazon Selling Partner API, on behalf of authorized Selling Partners, and produces analytics, dashboards, exportable reports, and AI-generated recommendations for use in advertising optimization.
By accessing or using the Service, you ("Customer", "you") agree to these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Service.
2. Eligibility
The Service is offered to:
- Sellers enrolled in Amazon Brand Registry in the United States marketplace;
- Accounts with active Amazon Brand Analytics access;
- Authorized agents and agencies acting on behalf of qualifying brand owners.
You represent that you have full legal authority to bind the seller account you connect to the Service and to grant us the authorizations described in our Privacy Policy and Data Protection Notice.
3. Subscription, billing, and cancellation
The Service is offered on a recurring monthly or annual subscription. A 3-day free trial is available. Paid subscriptions begin at the end of the trial unless you cancel. Billing is processed by our merchant of record (Paddle.com Market Limited or Razorpay, as applicable). Subscription fees are non-refundable except as expressly stated in our Refund Policy or as required by applicable law.
You may cancel your subscription at any time from within the application or by emailing support@hivemindnestor.com. Cancellation takes effect at the end of the then-current billing period.
4. Acceptable use
You agree not to:
- Use the Service to access Amazon data you are not authorized to access;
- Resell, sublicense, or redistribute Amazon data accessed through the Service;
- Reverse engineer, decompile, or attempt to derive the source code of the Service;
- Use the Service in a manner that violates Amazon's Acceptable Use Policy (AUP), Data Protection Policy (DPP), or Selling Partner Agreement;
- Use the Service to send unsolicited messages, scrape Amazon, or evade rate limits;
- Use the Service for any unlawful purpose or in violation of applicable export controls.
5. Data ownership
As between you and Hive Mind Nestor, you retain all rights, title, and interest in the data you connect to the Service, including Amazon Brand Analytics data accessed on your behalf ("Customer Data"). You grant Hive Mind Nestor a limited, non-exclusive, revocable licence to process Customer Data solely to provide and improve the Service to you, subject to our Data Protection Notice and Amazon's Data Protection Policy.
Hive Mind Nestor owns all rights in the Service software, AI models, dashboards, templates, and any aggregated, non-identifiable system metrics generated from operating the Service. Customer Data is never aggregated across customers or used to train third-party AI models.
6. Service-level expectations
We target 99.5% monthly availability for the production Service, excluding scheduled maintenance and circumstances beyond our reasonable control (including Amazon API outages). The Service is provided "as is" and "as available"; except as expressly stated in these Terms or required by law, we make no warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement.
7. Limitation of liability
To the maximum extent permitted by applicable law, in no event shall Hive Mind Nestor, its directors, employees, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, loss of data, loss of goodwill, or business interruption, arising out of or in connection with the Service. Our aggregate liability for any claim arising out of or relating to the Service shall not exceed the fees paid by you to Hive Mind Nestor in the twelve (12) months preceding the event giving rise to the claim.
8. Termination
We may suspend or terminate your access to the Service if you materially breach these Terms, including violations of Section 4 (Acceptable Use), or if required to comply with applicable law or Amazon policy. Upon termination, your right to use the Service ceases immediately, and your Customer Data will be deleted in accordance with our Data Protection Notice.
9. Governing law & dispute resolution
These Terms are governed by and construed in accordance with the laws of India, without regard to its conflict-of-laws principles. The courts of Agra, Uttar Pradesh shall have exclusive jurisdiction over any dispute arising out of or relating to these Terms or the Service.
10. Changes to these Terms
We may update these Terms from time to time. Material changes will be communicated by email to the address associated with your account or via a notice on the Service. Continued use of the Service after changes take effect constitutes acceptance of the revised Terms.
11. Contact
For questions about these Terms, contact us at info@hivemindnestor.com.
Hive Mind Nestor Private Limited
CIN: U74110UP2017PTC094869
MMIG-4, Shaheed Nagar, Agra-282001, Uttar Pradesh, India