Terms of Service
These Terms of Service ("Terms") govern your access to and use of the shelvado.com website and the Shelvado retail media platform (collectively, the "Service") operated by Rory Clark LLC ("Shelvado," "we," "us," or "our").
By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, do not access or use the Service.
1. The Service
Shelvado is a retail media platform that enables retailers to configure and manage media programs, and enables CPG brands and agencies to browse, participate in, and track those programs. The Service includes the marketing website at shelvado.com and the hosted platform application.
Early Access: The Service is currently in early access. Features, functionality, pricing, and availability are subject to change without notice. Early access does not guarantee future availability of any specific feature or pricing tier.
2. Accounts
Registration
To use the platform, you must create an account with accurate and complete information. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account.
Account Types
- Retailer accounts are created through Shelvado's onboarding process. Retailer administrators may invite additional users and assign permission levels (Admin, Manager, or Viewer).
- CPG/Agency accounts are created by invitation from a retailer administrator or through the account request process. CPG administrators may invite and manage team members within their organization.
Account Termination
You may request account deletion at any time by emailing hello@shelvado.com. We reserve the right to suspend or terminate accounts that violate these Terms, with or without notice.
Session Management by Administrators
Retailer administrators may revoke active sessions for users within their organization at any time. Revoked users will be signed out and required to re-authenticate.
3. Acceptable Use
You agree not to:
- Use the Service for any unlawful purpose or in violation of any applicable law or regulation
- Attempt to gain unauthorized access to any part of the Service, other users' accounts, or any systems or networks connected to the Service
- Interfere with or disrupt the integrity or performance of the Service
- Upload or transmit viruses, malware, or other harmful code
- Use the Service to transmit unsolicited or unauthorized advertising or spam
- Misrepresent your identity, organization, or affiliation
- Scrape, crawl, or use automated means to access the Service without our written consent
- Reverse engineer, decompile, or disassemble any aspect of the Service
4. Your Data
Ownership
You retain all ownership rights to the data you submit to the Service, including but not limited to tactics, programs, pricing, inventory configurations, creative assets, invoices, communications, and business information ("Your Data").
License
By submitting Your Data to the Service, you grant Shelvado a limited, non-exclusive, worldwide license to host, store, process, and display Your Data solely as necessary to provide and improve the Service. This license terminates when you delete Your Data or your account is terminated.
Shared Data
The platform is designed to facilitate collaboration between retailers and CPG brands/agencies. When you submit participation requests, booking details, comments, invoices, or communications through the platform, that information becomes visible to authorized users of the other party in accordance with the platform's role-based permission system. You are responsible for ensuring that the information you share through the platform is appropriate for that audience.
Data Export
You may request an export of Your Data at any time by emailing hello@shelvado.com. We will provide Your Data in a reasonable format within 30 days.
5. Intellectual Property
Shelvado's IP
The Service, including its design, features, code, documentation, branding, and all related intellectual property, is owned by Rory Clark LLC. Nothing in these Terms grants you any right, title, or interest in the Service beyond the limited right to use it as described herein.
Feedback
If you provide suggestions, feedback, or ideas about the Service, you grant us a perpetual, irrevocable, royalty-free license to use that feedback for any purpose without obligation to you.
6. Third-Party Services
The Service relies on third-party providers for hosting, database, file storage, email delivery, and other infrastructure services. Your use of the Service is also subject to the terms and policies of these providers. Shelvado is not responsible for the availability, performance, or practices of third-party services.
7. Fees and Payment
Early Access
During the early access period, access to the Service may be provided at no cost or at promotional pricing. Shelvado reserves the right to introduce, modify, or discontinue pricing at any time with reasonable notice.
Future Pricing
Paid plans, when introduced, will be governed by a separate subscription agreement or order form. Pricing details will be communicated before any charges apply.
8. Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
Shelvado does not warrant that the Service will be uninterrupted, error-free, or secure. During the early access period, the Service may contain bugs, errors, or incomplete features.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SHELVADO SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE, REGARDLESS OF THE THEORY OF LIABILITY.
SHELVADO'S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNTS YOU HAVE PAID TO SHELVADO IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.
10. Indemnification
You agree to indemnify and hold harmless Shelvado, its officers, directors, employees, and agents from any claims, losses, damages, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to your use of the Service, your violation of these Terms, or your violation of any third-party rights.
11. Governing Law and Disputes
These Terms are governed by the laws of the State of Michigan, without regard to its conflict of laws provisions. Any disputes arising under these Terms shall be resolved exclusively in the state or federal courts located in Michigan.
12. Modifications
We may update these Terms from time to time. We will notify you of material changes by posting the updated Terms on this page and updating the "Last Updated" date. Your continued use of the Service after changes are posted constitutes acceptance of the revised Terms. If you do not agree to the updated Terms, you must stop using the Service.
13. General
- Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full effect.
- Waiver: Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.
- Entire Agreement: These Terms, together with the Privacy Policy, constitute the entire agreement between you and Shelvado regarding the Service.
- Assignment: You may not assign or transfer these Terms without our written consent. Shelvado may assign these Terms without restriction.
14. Contact Us
If you have questions about these Terms, contact us at:
Rory Clark LLC (d/b/a Shelvado)
Email: hello@shelvado.com