Terms of Service

1. Definitions

The capitalised terms below have the following meanings:

• Account — the unique credentialed account you create to access the Service.
• Affiliate — any entity that directly or indirectly controls, is controlled by, or is under common control with a party, where "control" means ownership of more than 50% of the voting shares.
• Customer Data — all data, content, files, queries, chat messages and other materials that you upload, submit or generate through the Service.
• Documentation — the official user guides, in-product tooltips and help pages we publish describing the Service.
• Order — any electronic order form, sign-up flow, checkout or invoice through which you subscribe to a Plan.
• Plan — a paid or trial tier (e.g. Starter, Pro, Custom) that determines the features, usage limits and price.
• Service Data — market data, aggregated statistics, indices and analytics that we generate, collect or publish through the Service (excluding Customer Data).
• Subscription Term — the period for which a Plan is paid (monthly, annual or custom), as stated in your Order.
• User — an authorised individual using the Service under your Account.

2. The Service

2.1 What we provide

TrendSkew is a subscription-based market intelligence platform that aggregates publicly observable retail signals into dashboards, time-series, category breakdowns, price analytics, stock-availability indicators and similar analytical outputs. Plan-specific features and limits are described on our pricing page and in your Order.

2.2 Sampled signal, not a census

The Service operates on an observed sample of the relevant market. Every revenue and unit figure in the Service is therefore an estimate, not an audited transaction record. Where the user interface shows numerical values as ranges, the range reflects the inherent uncertainty of the underlying sample. You agree to rely on the Service as a directional intelligence input only and not as a source of book-keeping, tax or regulatory truth.

2.3 No fitness for a particular purpose

The Service is provided as a general-purpose analytical tool. We do not warrant that it is suitable for any specific commercial, investment, pricing, procurement, credit or other decision. You remain solely responsible for the decisions you take in reliance on Service Data.

2.4 Documentation

The Documentation is incorporated into these Terms by reference. Where the Documentation is inconsistent with these Terms, the Terms prevail.

2.5 Availability

We use commercially reasonable efforts to keep the Service available but do not commit to any specific uptime or availability level unless a service-level agreement is expressly stated in your Order. The Service may be unavailable during planned maintenance (for which we aim to give advance notice where practicable), emergency maintenance, or events outside our reasonable control. Any service-level commitments referred to in these Terms apply only where such an agreement is in place.

2.6 No professional advice

The Service and the Service Data are provided for general business information only. They do not constitute financial, investment, trading, tax, accounting, legal or other professional advice, are not a recommendation to buy, sell or hold anything, and create no advisory or fiduciary relationship between us and you. You are solely responsible for obtaining your own professional advice and for any decision you make in reliance on the Service.

3. Eligibility and Account Registration

3.1 Eligibility

The Service is intended exclusively for business use. You represent and warrant that (i) you are at least 18 years old, (ii) you have full legal capacity to enter into binding contracts, (iii) if you are accepting these Terms on behalf of an entity you are authorised to bind that entity, (iv) you are subscribing for purposes relating to your trade, business, craft or profession and not as a consumer, and (v) your use of the Service will not violate any law, contract or sanctions regime applicable to you. If, despite this, applicable law nonetheless treats you as a consumer, Section 18.13 (Consumers) applies.

3.2 Sanctions and embargoes

You may not use the Service if you are located in, or are a national or resident of, any country or region subject to comprehensive EU, US or UN sanctions, or if you are listed on any government denied-party or restricted-party list.

3.3 Accuracy of registration data

You agree to provide true, accurate, current and complete information during registration (including legal entity name, billing address, VAT number where applicable) and to keep that information up to date. We may suspend or terminate your Account if any information you provide is materially inaccurate.

3.4 Account security

You are responsible for all activity that occurs under your Account, including all activity by Users. You must keep credentials confidential, enable two-factor authentication where offered, and notify us immediately at support@trendskew.com on suspicion of unauthorised access. We are not liable for any loss arising from your failure to secure your Account.

3.5 Trade, sanctions and anti-corruption compliance

You represent and warrant that you and your Users will comply with all applicable export-control, sanctions and trade laws (including those of the EU, the United States and the United Nations) and all applicable anti-bribery and anti-corruption laws (including the US Foreign Corrupt Practices Act and the UK Bribery Act 2010). You will not export, re-export, or make the Service or Service Data available to any person, entity or destination prohibited by those laws, and you will not use the Service to offer, give, request or accept any improper payment or benefit.

4. Plans, Subscriptions and Trials

4.1 Plan tiers

We currently offer self-serve tiers (Starter, Pro) and custom enterprise tiers. Each tier carries plan-specific limits including, without limitation, accessible dashboards, regions, segments, history depth, query rate, export volume, AI usage credits, and number of Users.

4.2 Free trials

Where a free trial is offered, it lasts for the period stated at sign-up (currently three (3) days) and gives you access to the Plan-tier features without a payment instrument. We may modify, suspend or terminate trials at any time. Trial access becomes a paid Subscription only when you complete a payment flow and accept the renewal terms then shown.

4.3 Subscription Term and auto-renewal

Unless your Order states otherwise, each paid Subscription Term is either one (1) month or one (1) year and renews automatically for the same period at the then-current list price. You may switch off auto-renewal in your billing settings at any time before the renewal date; cancellation takes effect at the end of the then-current Subscription Term.

4.4 Upgrades and downgrades

Plan upgrades take effect immediately and are charged on a prorated basis. Plan downgrades take effect at the start of the next billing cycle; we do not refund the difference. Switching billing cadence between monthly and yearly takes effect at the start of the next cycle.

4.5 Beta features

Features marked "beta", "preview" or "experimental" are provided "as is", may be removed at any time, and are excluded from any service-level commitments.

5. Fees, Taxes and Payment

5.1 Fees

Fees for each Plan are the prices shown on the pricing page or in your Order at the time of purchase. Fees are non-refundable except as set out in our Refund Policy.

5.2 Auto-charging

By providing a payment method you authorise us and our payment processor (currently Stripe Payments Europe, Limited) to charge that payment method for all Fees due, including renewal Fees, upgrade prorations, usage-based overages and applicable taxes. You agree to keep the payment method valid and to update it promptly if it expires.

5.3 Taxes

Fees are stated exclusive of VAT, GST, sales tax, withholding tax and similar charges. We will add such taxes where we are required to collect them and remit them to the relevant authority. Where the reverse-charge mechanism applies to EU intra-Community supplies, you warrant that the VAT number you provide is valid and that you will self-account for VAT in your jurisdiction.

5.4 Late payment

If a payment fails or is overdue, we may (i) re-attempt the charge using industry-standard dunning intervals, (ii) suspend access to the Service until paid, (iii) charge interest on overdue amounts at the rate equal to the European Central Bank main refinancing rate plus eight (8) percentage points per annum, and (iv) recover reasonable collection costs.

5.5 Disputed charges

You must notify us in writing at support@trendskew.com within thirty (30) days of an invoice date of any disputed charge. Undisputed amounts must continue to be paid on time. Charges not disputed within the period above are deemed accepted.

5.6 Price changes

We may change Fees from time to time. For paid Plans, price changes take effect at the start of the next Subscription Term following at least thirty (30) days' notice. Continued use of the Service after the effective date constitutes acceptance of the new price.

6. Use of the Service

6.1 Licence

Subject to your compliance with these Terms and payment of the Fees, we grant you a non-exclusive, non-transferable, non-sublicensable, revocable right during the Subscription Term to access and use the Service and the Service Data made available under your Plan, solely for your internal business purposes.

6.2 Permitted Users

Only the Users authorised under your Plan may access the Service. Credentials may not be shared. Each User must accept these Terms by accessing the Service. You are responsible for the acts and omissions of every User as if they were your own.

6.3 Acceptable use

You agree not to, and not to permit any third party to:

• access the Service in order to build a competing product or copy any of its features, functions or user interface;
• scrape, crawl, harvest, mass-download, redistribute, resell, sublicense or otherwise commercially exploit Service Data outside the user interface and documented export channels;
• attempt to derive the underlying source data, individual transactions, seller identities or buyer identities from Service Data, or attempt re-identification of any aggregated dataset;
• reverse-engineer, decompile, disassemble or otherwise attempt to discover the source code, models or algorithms used by the Service, except to the extent expressly permitted by mandatory law;
• circumvent or attempt to circumvent any access controls, rate limits, quotas, watermarks, audit trails or other usage measurement features;
• use the Service in connection with high-risk activities where failure could lead to death, personal injury or environmental damage;
• upload to the Service any content that is unlawful, infringing, defamatory, obscene, harassing, contains malware, or breaches a person's privacy or intellectual property rights;
• use the Service to make automated decisions about natural persons that produce legal or similarly significant effects on them;
• send unsolicited communications or use the Service's contact features for spam or marketing without consent;
• knowingly introduce viruses, worms, time-bombs or other malicious code into the Service or its hosting infrastructure;
• use the Service in violation of any export, sanctions or trade-control law.

Our Acceptable Use Policy provides further detail on these rules and is incorporated into these Terms by reference; in the event of a conflict, this Section 6.3 prevails. You are responsible for ensuring that your use, export and onward handling of Service Data complies with all laws and third-party rights that apply to you, and we make no representation that any particular use of the Service or Service Data is lawful in your jurisdiction or industry.

6.4 Usage limits

Your Plan may carry numeric limits on queries, exports, API calls, dashboards, Users, AI tokens, history depth or storage. We may throttle, queue, suspend or reject use that materially exceeds those limits without prior notice; persistent excess may give us the right to upgrade you to the next tier and bill the difference, after giving you a reasonable opportunity to choose otherwise.

6.5 Suspension

We may suspend or restrict your access without prior notice if (i) we reasonably suspect that you or any User has breached Section 6.3, (ii) your use of the Service poses a security, legal or operational risk to us, our infrastructure providers or other customers, (iii) your Account is materially in arrears, or (iv) a competent authority orders suspension. Where the circumstances reasonably allow, we will notify you of the reason and give you an opportunity to remedy the cause before or promptly after suspending, and we will limit any suspension to what is reasonably necessary. We will lift the suspension as soon as the underlying cause is remedied. If we suspend the Service and the suspension is later found to have been unjustified, we will, as your sole remedy, extend your Subscription Term or provide a service credit for the period of the suspension.

7. Customer Data

7.1 Ownership

As between you and us, you retain all right, title and interest in and to Customer Data, including all intellectual property rights.

7.2 Licence to us

You grant us a worldwide, royalty-free, non-exclusive licence during the Subscription Term to host, copy, transmit, process, display and otherwise use Customer Data solely as needed to (i) provide and improve the Service, (ii) prevent and address technical, fraud and security issues, (iii) comply with law and lawful requests, and (iv) enforce these Terms.

7.3 Aggregated and de-identified data

We may compile, use and retain aggregated and de-identified statistics derived from your use of the Service for any lawful business purpose, including service improvement and benchmarking, provided that such statistics are de-identified or anonymised using measures consistent with the standard for de-identified or anonymous information under applicable data-protection law and cannot reasonably be used, alone or in combination with other information reasonably available to us, to identify you or any User. We will not attempt to re-identify such data, and if any such data ceases to meet that standard we will treat it as personal data subject to the Privacy Policy.

7.4 Your warranties

You warrant that (i) you have all rights, consents and authority necessary to upload Customer Data and to grant the licence in Section 7.2, and (ii) Customer Data does not infringe any third-party right, contains no special-category personal data unless we have agreed otherwise in writing, and complies with all applicable laws.

7.5 Data backup

We take routine backups of the production environment for our own disaster-recovery purposes. You remain solely responsible for keeping independent copies of Customer Data and any exports you generate.

8. Service Data and Intellectual Property

8.1 Our IP

We and our licensors retain all right, title and interest in and to the Service, the Documentation, and the compilation, selection, arrangement, models, indices and analytical layer that make up the Service Data, together with all related intellectual property, including all derivatives, improvements, configurations and contributions, whether or not based on feedback from you. We do not claim ownership of the underlying facts, raw observations or third-party materials from which the Service Data is derived; our rights subsist in the analytical compilation rather than in those underlying facts. Except for the rights expressly granted in Section 6.1, no rights are granted to you by implication, estoppel or otherwise.

8.2 Feedback

If you provide suggestions, ideas or feedback to us, you grant us a worldwide, perpetual, irrevocable, royalty-free licence to use and commercialise that feedback in any way without obligation to you.

8.3 Service Data licence

We grant you a non-exclusive, non-transferable, non-sublicensable, revocable licence during the Subscription Term to view, analyse and export Service Data through the Service, solely for your internal business purposes and subject to Section 6.3.

8.4 Third-party content

The Service may display content sourced from third parties (e.g. product titles, brand names, public market images). That content belongs to its respective owners and is shown for identification and analytical purposes only.

8.5 Third-party sources; no warranty of clear title

You acknowledge that the Service Data is derived in part from publicly observable third-party sources and data partners. We provide the compilation and analytical layer described in Section 8.1, but we do not represent or warrant that the underlying facts or source materials are free of any third-party right, database right, copyright, contractual restriction or terms of use. You are responsible for satisfying yourself that your own extraction, export, combination, republication or other downstream use of Service Data is lawful and does not infringe any third-party right or breach any third party's terms, and you will not use the Service in any manner that would breach a third-party source's terms of use or applicable computer-misuse, database-right or unfair-competition law. Our liability in respect of the underlying source materials is limited as set out in Sections 11 and 13, and the indemnity in Section 12.1 does not extend to the claims excluded in Section 12.3.

9. Confidentiality

9.1 Definition

"Confidential Information" means non-public information disclosed by one party ("Discloser") to the other ("Recipient") that is identified as confidential or that a reasonable person would understand to be confidential. Our Confidential Information includes the Service's non-public features, pricing, roadmap and Service Data. Your Confidential Information includes Customer Data and your non-public business information.

9.2 Obligations

The Recipient will use Confidential Information only to perform under these Terms and will protect it with at least the same degree of care it uses for its own Confidential Information, and no less than a reasonable degree of care. The Recipient may disclose Confidential Information to its Affiliates and personnel on a need-to-know basis, provided they are bound by confidentiality obligations no less protective than these Terms.

9.3 Exceptions

The obligations above do not apply to information that (i) is or becomes public through no fault of the Recipient, (ii) was lawfully known to the Recipient without restriction before receipt, (iii) is independently developed by the Recipient without use of the Confidential Information, or (iv) is required to be disclosed by law or court order, in which case the Recipient will give prompt notice (where lawful) and reasonable assistance to limit disclosure.

10. Data Protection

Where we process personal data on your behalf in our capacity as a processor, our Data Processing Addendum applies and is incorporated into these Terms by reference; the equivalent data-processing terms also appear in Section 12 of our Privacy Policy. Our processing of personal data we collect from you as a controller (e.g. account data, billing data) is described in the same Privacy Policy. You are responsible for having a lawful basis for any personal data you submit to the Service and for providing any notices and obtaining any consents required from the individuals concerned.

11. Warranties and Disclaimers

11.1 Mutual warranties

Each party warrants that (i) it has the corporate power and authority to enter into and perform under these Terms, and (ii) its acceptance and performance will not violate any agreement or law binding on it.

11.2 Service warranty

We warrant that the Service will perform materially in accordance with the Documentation. As your sole and exclusive remedy for breach of this warranty, we will use commercially reasonable efforts to correct the non-conformity. If we cannot do so within thirty (30) days of your written notice, you may terminate the affected Subscription and obtain a pro-rata refund of pre-paid Fees for the unused portion of the Subscription Term, consistent with Section 4.3 of the Refund Policy.

11.3 Disclaimer

EXCEPT FOR THE EXPRESS WARRANTIES IN THIS SECTION 11, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE". WE EXPRESSLY DISCLAIM ALL OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, UNINTERRUPTED OR ERROR-FREE OPERATION, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICE DATA IS COMPLETE, ACCURATE, CURRENT, OR FREE OF MATERIAL ERROR.

12. Indemnification

12.1 By us

We will defend you against any third-party claim alleging that your authorised use of the Service infringes that third party's intellectual property rights, and will pay damages finally awarded against you by a court of competent jurisdiction or agreed by us in settlement, provided that you (i) give us prompt written notice of the claim, (ii) grant us sole control over the defence and settlement, and (iii) provide reasonable cooperation at our expense.

If the Service becomes, or in our reasonable opinion is likely to become, the subject of an infringement claim, we may at our option (a) procure for you the right to continue using the Service, (b) modify or replace it to make it non-infringing, or (c) terminate the affected Subscription and refund pre-paid Fees for the unused portion of the Subscription Term. The remedies in this Section 12.1 are your sole and exclusive remedies for any actual or alleged infringement.

12.2 By you

You will defend, indemnify and hold us, our Affiliates and our personnel harmless from and against any third-party claim, damages, liabilities, fines and reasonable legal costs arising out of or related to (i) Customer Data, (ii) your or any User's breach of Section 6.3 (Acceptable use), (iii) your or any User's violation of applicable law in connection with the Service, or (iv) any combination of the Service with non-TrendSkew products, services or data not authorised by us.

12.3 Exclusions

Section 12.1 does not apply to claims arising from (i) Customer Data, (ii) use of the Service in combination with non-TrendSkew products or services, (iii) modifications to the Service not made by us, (iv) use of a superseded version of the Service when an updated version would have avoided the claim, (v) use of the Service in breach of these Terms, or (vi) your extraction, export, scraping, redistribution, republication, resale or other onward use of Service Data or of the underlying third-party source materials (including any claim under a third party's terms of use, a database right, a computer-misuse or unauthorised-access law, or unfair-competition law), which is addressed by Section 8.5 and for which you are responsible.

13. Limitation of Liability

13.1 Excluded damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE TO THE OTHER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, ANTICIPATED SAVINGS, OPPORTUNITY, OR DATA, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

13.2 Cap on liability

EACH PARTY'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS WILL NOT EXCEED THE LESSER OF (A) THE TOTAL FEES PAID BY YOU TO US UNDER THE AFFECTED SUBSCRIPTION IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) €25,000 (EUR TWENTY-FIVE THOUSAND).

13.3 Carve-outs

The exclusions and cap in Sections 13.1 and 13.2 do not apply to (i) your indemnification obligations under Section 12.2, (ii) your payment obligations, (iii) either party's liability for fraud, fraudulent misrepresentation, wilful misconduct or gross negligence, (iv) death or personal injury caused by negligence, (v) either party's liability under applicable data-protection law that cannot lawfully be limited, including compensation owed to a data subject under Article 82 GDPR or UK GDPR, and any administrative fine for which a party is directly liable, or (vi) any other liability that cannot be excluded or limited under applicable law. Nothing in these Terms limits, and the cap in Section 13.2 does not apply to, a party's liability to a data subject or a supervisory authority under Data Protection Law.

13.4 Cap on our indemnity

Our aggregate liability under our indemnification obligation in Section 12.1 will not exceed two (2) times the total Fees paid by you to us under the affected Subscription in the twelve (12) months immediately preceding the claim. Save for the matters listed in Section 13.3 and this Section 13.4, the cap in Section 13.2 applies to all liability of each party.

13.5 Basis of the bargain

The disclaimers, exclusions and limitations in Sections 11 and 13 are an essential part of the bargain between us and form the basis on which the Fees were calculated. They apply even if any remedy fails of its essential purpose.

14. Term and Termination

14.1 Term

These Terms take effect when you first access the Service and remain in force for as long as any Subscription is in effect.

14.2 Termination by you

You may cancel auto-renewal at any time via your billing settings; your Subscription remains active until the end of the then-current Subscription Term. You may terminate immediately if we materially breach these Terms and fail to cure within thirty (30) days of your written notice.

14.3 Termination by us

We may terminate your Subscription, suspend access or refuse to renew if (i) you materially breach these Terms and fail to cure within thirty (30) days of our written notice (or such shorter period as is reasonable where the breach is incapable of cure or causes us or a third party ongoing harm), (ii) any payment remains overdue for more than thirty (30) days after a final dunning notice, (iii) you become insolvent, are unable to pay your debts as they fall due, enter into bankruptcy, administration, liquidation or an analogous proceeding, or cease to carry on business, (iv) required by law or by a competent authority, or (v) for any reason on at least sixty (60) days' prior written notice, in which case we will refund any prepaid Fees for the unused portion of the Subscription Term.

14.4 Effects of termination

Upon termination of a Subscription (a) your access to the Service stops at the end of the Subscription Term (or immediately on termination for cause), (b) all licences granted to you under these Terms end, and (c) you remain liable for all Fees accrued up to the termination date. After the export window in Section 14.5 closes, we will securely delete Customer Data, with deletion (including from routine backups) completed within ninety (90) days of termination, except where retention is required by law, consistent with the retention schedule in our Privacy Policy and our Data Processing Addendum.

14.5 Data export

For thirty (30) days after termination of a Subscription, you may request an export of your Account's Customer Data in a machine-readable format. After that thirty (30) day window we may begin deleting Customer Data as described in Section 14.4.

14.6 Survival

Sections 1, 2.6, 3.5, 5 (for any unpaid amounts), 6.3, 7.1, 7.3, 8, 9, 11.3, 12, 13, 14.4 through 14.6, 16, 17, 18 and 19 survive termination.

15. Modifications to the Service and the Terms

15.1 Service changes

We may add, remove, modify or replace features of the Service from time to time. We will not materially reduce the core functionality of a paid Plan during a Subscription Term without offering you a reasonable workaround or refund.

15.2 Terms changes

We may update these Terms from time to time. For changes that are non-material we may simply update this page. For material changes we will give you at least thirty (30) days' advance notice by email or in-product banner before the changes take effect. If you do not agree to material changes you may terminate your Subscription as your sole remedy; continued use after the effective date constitutes acceptance. However, where a material change introduces or alters a binding arbitration agreement or class-action waiver, or otherwise reduces your substantive rights, we will obtain your affirmative assent to that change (for example through a click-through at next sign-in) rather than relying on continued use, and any associated opt-out right is governed by Section 19.5.

16. Publicity

Where you are a business, you agree that we may identify you as a TrendSkew customer using your company name and logo on our website and in sales materials, unless you opt out in writing at legal@trendskew.com. We will stop using your name and logo within thirty (30) days of receiving an opt-out request. Where you are a natural person (for example a sole trader whose business name is your own name), we will use your name in this way only with your prior consent, which you may withdraw at any time.

17. Force Majeure

Neither party will be liable for any failure to perform or delay in performance (other than payment obligations) caused by events beyond its reasonable control, including acts of God, war, terrorism, riot, embargo, governmental act, fire, flood, accident, strike, pandemic, internet or telecommunications failure, denial-of-service attack, or failure of any third-party hosting or payment processor used to deliver the Service.

18. General

18.1 Notices

We may give you notices through the Service, by email to the address associated with your Account, or by post to your registered address. You may give us notices by email to legal@trendskew.com. Notices are deemed received on the next business day after sending.

18.2 Assignment

You may not assign these Terms or any rights or obligations under them without our prior written consent, except to a successor in interest following a merger, acquisition or sale of substantially all of your assets, on condition that the successor is not a competitor of ours. We may assign these Terms freely.

18.3 No third-party beneficiaries

These Terms do not create any rights in any third party except as expressly provided.

18.4 Independent contractors

The parties are independent contractors. Nothing in these Terms creates any agency, partnership, joint venture or employment relationship.

18.5 Severability

If any provision of these Terms is held unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will remain in full force.

18.6 No waiver

A failure or delay by either party in exercising any right under these Terms is not a waiver of that right. A waiver of a breach is not a waiver of any subsequent breach.

18.7 Entire agreement

These Terms, together with the Privacy Policy, Refund Policy, Cookie Policy, Acceptable Use Policy, Data Processing Addendum, Sub-processor list, Copyright/DMCA Policy, your Order(s) and any other policies or supplemental terms incorporated by reference, constitute the entire agreement between you and us regarding the Service and supersede all prior agreements on that subject. Any conflicting or additional terms in your purchase order or other procurement document are void unless we have signed a separate written agreement that expressly references and supersedes these Terms.

18.8 Governing law

These Terms are governed by the laws of the Republic of Lithuania, excluding its conflict-of-law rules. The UN Convention on Contracts for the International Sale of Goods does not apply.

18.9 Jurisdiction

Except where Section 19 (arbitration for customers located in the United States) applies, the courts of the Republic of Lithuania have exclusive jurisdiction over any dispute arising out of or related to these Terms or the Service, except that either party may seek interim or injunctive relief in any court of competent jurisdiction. Where you are a consumer under EU law (which is rare given the business-only nature of the Service), your statutory rights to bring proceedings in the courts of your domicile are preserved.

18.10 Online dispute resolution

The European Commission's online dispute resolution platform is available at https://ec.europa.eu/consumers/odr.

18.11 Language

These Terms are concluded in English. Any translation is for convenience only; the English version controls in case of conflict.

18.12 Contact

Questions about these Terms can be sent to legal@trendskew.com.

18.13 Consumers

The Service is offered for business use only and is not intended for consumers. If, notwithstanding Section 3.1, applicable mandatory consumer-protection law treats you as a consumer, then that law's mandatory protections prevail over anything in these Terms to the contrary, and in particular: (i) nothing in these Terms removes or limits any statutory right you have that cannot lawfully be removed or limited, including any statutory withdrawal or cancellation right and any non-excludable warranty or remedy; (ii) the limitations and exclusions of liability in Section 13 apply only to the extent permitted against a consumer; (iii) the exclusive-jurisdiction provision in Section 18.9 does not deprive you of the right to bring or defend proceedings in the courts of your place of domicile, and the governing-law choice in Section 18.8 does not deprive you of the protection of the mandatory laws of your country of residence; and (iv) the arbitration agreement and class-action waiver in Section 19 do not apply to you to the extent they are unenforceable against a consumer under the law applicable to you. Where you have a statutory withdrawal right for digital services, that right and the conditions for any waiver of it are addressed in our Refund Policy.

19. Dispute Resolution and Arbitration (Customers Located in the United States)

This Section 19 applies only if you are located in, or are a resident or entity organised under the laws of, the United States. It requires you to resolve disputes with us by binding individual arbitration and waives your right to a jury trial and to participate in a class action. Please read it carefully. If Section 19 applies to you, it replaces the court-jurisdiction provision in Section 18.9.

This Section 19 does not apply to any person acting as a consumer to the extent that a binding pre-dispute arbitration agreement or a class-action waiver is unenforceable against consumers under the law applicable to them, including consumers in the EU, the EEA and the UK (see Section 18.13).

19.1 Informal resolution first

Before starting an arbitration, you agree to first send a written notice of dispute to legal@trendskew.com describing the dispute and the relief you seek, and to negotiate in good faith for at least sixty (60) days. Many disputes can be resolved this way.

19.2 Agreement to arbitrate

Any dispute, claim or controversy arising out of or relating to these Terms or the Service that is not resolved informally will be settled by binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules (or, where the claimant is an individual, its Consumer Arbitration Rules), rather than in court, except as provided in Section 19.4. The arbitration will be conducted in the English language and seated in New York, New York, USA, or conducted by video or in the federal judicial district of your principal place of business where you so elect. This arbitration agreement is governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. For any dispute subject to this Section 19, the substantive law of the State of New York (without regard to its conflict-of-law rules) governs in place of Section 18.8, except where the Federal Arbitration Act or other US federal law applies. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability or enforceability of this arbitration agreement, except that any question about the enforceability of the class-action waiver in Section 19.3 is for a court, not the arbitrator, to decide. Whether this arbitration agreement was formed, and whether a particular dispute falls within its scope, are likewise governed by the Federal Arbitration Act and applicable US federal law rather than by Section 18.8.

19.3 Class-action and jury-trial waiver

YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE-ATTORNEY-GENERAL OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims and may award relief only in favour of the individual party seeking relief and only to the extent necessary to provide relief on that party's individual claim. YOU AND WE EACH WAIVE ANY RIGHT TO A JURY TRIAL.

19.4 Carve-outs

Either party may bring an individual claim in a small-claims court with jurisdiction, and either party may seek injunctive or other equitable relief in a court of competent jurisdiction to protect its intellectual property or Confidential Information. Filing such a claim does not waive this Section 19 as to any other dispute.

19.5 Your right to opt out

You may opt out of this Section 19 by emailing legal@trendskew.com with the subject line "Arbitration Opt-Out" within thirty (30) days of the date you first accept these Terms or, if this Section 19 is introduced or materially changed by an update to these Terms after you first accepted them, within thirty (30) days of the date that update takes effect. Where we introduce or materially change this Section 19 for existing customers, we will bring it to your attention through a conspicuous, dedicated notice (not merely a general banner) and your continued use after the opt-out period closes constitutes acceptance. For the avoidance of doubt, continued use of the Service during the opt-out window is not by itself acceptance of this Section 19, and the deemed-acceptance rule in Section 15.2 does not shorten or override the opt-out window. A valid and timely opt-out means this Section 19 does not apply to you and disputes are instead governed by Section 18.9. Opting out has no other effect on these Terms.

19.6 Arbitration costs

Payment of filing, administration and arbitrator fees is governed by the applicable AAA rules. For any claim where you are an individual or a small business and the amount in controversy is US$75,000 or less, we will pay the AAA filing, administration and arbitrator fees that exceed the cost of filing the same claim in the US federal or state court where you reside, unless the arbitrator finds your claim was frivolous or brought for an improper purpose. Each party otherwise bears its own attorneys' fees and costs, except where the arbitrator may award them under applicable law or the AAA rules. Where you are an individual claimant, we will on request pay these fees in advance rather than by reimbursement, so that you are not required to advance them in order to commence the arbitration. If the arbitrator's allocation of fees would otherwise make the cost of arbitration prohibitive compared with litigation, we will pay the fees necessary to ensure the arbitration is not cost-prohibitive for you; this commitment is not limited by the US$75,000 threshold above.

19.7 Coordinated or mass arbitrations

If twenty-five (25) or more similar arbitration demands are submitted against us by or with the assistance of the same or coordinated counsel, the parties agree these demands will be administered in staged batches to control cost and delay: counsel and we will each select up to twenty (20) demands per stage to proceed as individual bellwether arbitrations, the remaining demands (and the running of any limitation period for them) will be stayed, and after each stage the parties will engage in a good-faith mediation informed by the bellwether outcomes before further demands proceed. These batches will be administered under the AAA Mass Arbitration Supplementary Rules then in effect. No demand will be stayed for longer than two (2) years without the claimant's consent, and any limitation period for a stayed demand is tolled for both parties during the stay and remains tolled if this Section 19.7 is later held unenforceable. This Section 19.7 does not create class, collective or representative treatment and does not affect the waiver in Section 19.3. If this batching procedure is held unenforceable, the affected demands proceed individually under the applicable AAA rules and the remainder of Section 19 stays in effect; a court of competent jurisdiction may otherwise enforce this batching procedure.

19.8 Severability and survival

If the class-action waiver in Section 19.3 is found unenforceable as to a particular claim or request for relief, that claim or request will be severed and brought in a court of competent jurisdiction, while the remaining claims proceed in arbitration. If Section 19 as a whole is found unenforceable, the dispute will be resolved under Sections 18.8 and 18.9. This Section 19 survives termination of these Terms.