Effective date: [To be set on publication]
PLEASE NOTE: Section 16 contains a binding arbitration clause and a class action waiver. By agreeing to these terms, you agree to resolve disputes through individual arbitration and waive any right to a judge or jury trial or to participate in a class action, except that you may opt out as described in Section 16.
These terms govern your use of Athako. Athako is provided by [legal entity name], [Postal address] (“Athako,” “we,” “us”). By creating an account, purchasing a subscription, or using Athako, you agree to these terms. If you do not agree, do not use Athako. Our Privacy Policy explains how we handle your data and forms part of this agreement; where these terms and the Privacy Policy conflict on data handling, the Privacy Policy governs.
Athako is a business dashboard for sellers. It connects to the platforms and tools you authorize — including Amazon, Etsy, and Shopify — and shows your business data in one place: profit, inventory, messages, listings, and working capital, configured around how you operate.
Athako is approval-gated by design. It observes, classifies, and drafts. It never takes an action affecting a buyer, a listing, a price, or stock without your approval. Athako is a visibility tool, not a marketplace, not an accounting system, and not a substitute for professional financial, tax, or legal advice. Figures shown depend on the accuracy of the data from your connected sources and of any figures you enter manually, including product costs. We do not guarantee sales, profit, or any business outcome.
Athako is for sellers acting for their business, aged 18 and over. It is not a consumer product and is not directed at children. You are responsible for keeping your account credentials secure and for all activity under your account, including activity by team members you invite. Account owners and administrators set what each team member may see and do; cross-member visibility follows the setting the owner or administrator chooses.
You authorize Athako to read your business data through the official APIs of the platforms and tools you connect, and you confirm you have the right to grant that access. You own your data. Connection credentials are stored encrypted. To provide the service, you grant us a limited, non-exclusive license to host, process, and display your data solely for your use of Athako. This license ends when your data is deleted under section 6.
Consolidating your own data across your own connected sources is a condition of using the service, not an optional setting: it is how the dashboard works. This is not consent in the data-protection sense, and it is not agreement to share your data with anyone else. Your data is never sold. Data you upload from a vendor tool is kept siloed to your workspace and is never pooled with other sellers’ data. How we handle data in detail is set out in the Privacy Policy.
Athako may show benchmarks computed across sellers, such as typical fees or margins for a category. Benchmarks are genuinely anonymized and aggregated: they are computed only across at least [minimum number of sellers per cell] sellers per group, and they never identify you, your store, or any individual seller. If a group is too small to meet that threshold, no benchmark is shown for it.
Athako is provided by subscription. The price is the price published on our website and shown at checkout at the time of purchase; these terms do not fix a price. Billing is recurring, on the cycle shown at checkout, to the payment method you provide. Your subscription renews automatically until you cancel.
You may cancel at any time; cancellation takes effect at the end of your current billing period, and you retain access until then. If a payment fails, we may suspend access until payment succeeds, after notifying you. Prices may change; we will give at least 30 days’ notice before a change takes effect, and you may cancel before it does. Taxes are charged as applicable. [Refund policy to be confirmed.]
You may export your data at any time, including your history. Export is not restricted to current records and is not conditional on continued subscription. If you close your account, your data remains available for export for 30 days after closure and is then deleted, except where retention is required by law.
Use Athako lawfully and only for your own business. Do not misuse the service, interfere with its operation, attempt unauthorized access, or share your account in breach of your plan’s terms. Without limiting the foregoing, you will not: reverse engineer, decompile, or attempt to extract the source code of the service; access it through automated means, including scripts, crawlers, or scrapers, except through interfaces we provide; resell, sublicense, or otherwise commercially exploit access to the service; create derivative works based on the service; or remove or obscure any brand, trademark, copyright, or proprietary notices. We may suspend or terminate access for material breach of these terms, after notice where practicable.
Athako works by reading data from platforms and tools operated by others. We are not responsible for those platforms’ availability, content, or accuracy, or for their logins, systems, or data. Your use of each connected platform is subject to that platform’s own terms and policies, and you are responsible for complying with them. If a platform revokes, limits, or changes its API access, the affected Athako features may stop working or show incomplete data, without liability on our part. You release us from claims arising from your use of third-party platforms, except to the extent caused by our own breach of these terms.
Athako, including the service, its software, branding, and content, is owned by us or our licensors and is licensed to you for use under these terms, not sold. Nothing in these terms transfers ownership of your data to us. If you send feedback or suggestions, you grant us a perpetual, royalty-free license to use them to improve Athako, without compensation or attribution.
Athako is in active development. Features, integrations, and presentation may change as the service improves. We will give reasonable notice of material changes that reduce functionality you rely on, and you may cancel if a change is unacceptable to you.
Athako is provided “as is” and “as available.” We do not warrant that the service will be uninterrupted or error-free, or that every figure will be free of error, because figures depend on third-party sources outside our control. Working capital views, payout calendars, and tax-reserve figures are information for your review, not financial or tax advice and not a lending product. Nothing in Athako is investment advice or a guarantee of any outcome.
To the maximum extent permitted by law, we are not liable for indirect, incidental, consequential, or lost-profit damages arising from your use of Athako. Our total liability under these terms is limited to the fees you paid in the 12 months before the claim arose. Nothing in this section limits liability that cannot be limited by law.
You will defend, indemnify, and hold harmless Athako and its officers, directors, employees, agents, and contractors from any third-party claim, including reasonable attorneys’ fees, arising from: your breach of these terms; your violation of any law or third-party right; your data; or your use of a third-party platform in breach of its terms. We will notify you promptly of any such claim and cooperate reasonably in its defense. You will not settle a claim in a way that imposes obligations on us without our consent.
You may close your account at any time, with effect as set out in section 5 and section 6. We may suspend or terminate your access for material breach, or discontinue the service, on reasonable notice. On termination, your right to use Athako ends; your export and deletion rights under section 6 survive.
We may update these terms. Material changes will be notified in advance, and continued use after the change takes effect constitutes acceptance of the updated terms. The current version is always published on our website.
Please read this section carefully: it affects your rights. Except as stated below, any dispute arising from these terms or your use of Athako will be resolved by binding individual arbitration administered by the American Arbitration Association under its applicable rules, seated in New Jersey. You and Athako each waive any right to a judge or jury trial, and any right to bring or participate in a class, collective, or representative action.
This section does not prevent either party from bringing an individual claim in small claims court, or from seeking interim injunctive relief from a court to protect intellectual property or confidential information.
You may opt out of this section within 30 days of first accepting these terms by emailing support@athako.com with the subject “Arbitration opt-out.” If you opt out, disputes will be resolved in the state and federal courts located in New Jersey. If the class action waiver is found unenforceable, this entire section is unenforceable and disputes will be resolved in those courts. Fees and costs are allocated as provided by the applicable arbitration rules, except that the arbitrator may award reasonable attorneys’ fees to the prevailing party where permitted by law.
These terms are governed by the laws of the State of New Jersey, without regard to conflict-of-law rules. If Section 16 is found unenforceable, disputes are subject to the exclusive jurisdiction of the state and federal courts located in New Jersey. If any provision is unenforceable, the remaining provisions continue in full effect. You may not assign these terms without our consent; we may assign them in connection with a sale of the business or its assets. These terms and the Privacy Policy constitute the entire agreement for Athako.
Notices under these terms may be given by email to the address associated with your account, or to support@athako.com for notices to us. Email notice is effective when sent.
Neither party is liable for failure to perform due to events beyond its reasonable control, including acts of third-party platforms, network failures, and natural disasters, except for payment obligations.
Failure to enforce any provision is not a waiver of that provision or of any other provision.
Questions about these terms: support@athako.com.