Terms of Service

Last Updated: 10/11/2025

These Terms of Service ("Terms") govern your use of Retail Loss Shield, a digital loss prevention platform operated by Nimbus Market LLC ("Company," "we," "our," or "us"). By accessing or using our services, you agree to be bound by these Terms.

1. Service Description

Retail Loss Shield is a Software-as-a-Service (SaaS) platform designed specifically for small and medium-sized retail businesses to:

  • Conduct smart audits and risk assessments
  • Track and monitor shrinkage patterns
  • Access training materials and best practices
  • Receive performance-based consulting services
  • Generate actionable loss prevention reports

1.1 Pilot Program

Our pilot program offers limited-time access to founding customers with special benefits including direct founder support, lifetime discount eligibility, and influence on product development.

2. User Accounts and Registration

2.1 Account Creation

  • You must provide accurate, complete, and current information
  • You are responsible for maintaining account security
  • You must notify us immediately of any unauthorized access
  • One person or entity may not maintain multiple accounts

2.2 Eligibility

Our services are intended for legitimate retail businesses. You must be at least 18 years old and have the authority to bind your business to these Terms.

3. Subscription Terms and Billing

3.1 Subscription Plans

  • Free Plan: Basic audit features with limited functionality
  • Pro Plan: Full platform access with advanced features ($49/month)
  • Premium Plan: Multi-store capabilities and priority support ($99/month)

3.2 Billing and Payment

  • Subscriptions are billed monthly in advance
  • All fees are non-refundable except as required by law
  • We may change pricing with 30 days' notice
  • Failed payments may result in service suspension

3.3 Cancellation

You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of your current billing period.

4. Performance-Based Consulting Agreement

4.1 Service Scope

Our performance-based consulting services include personalized implementation support, custom action plans, and ongoing guidance to achieve measurable shrinkage reduction.

4.2 Performance Metrics

  • Shrinkage reduction percentages will be measured over agreed timeframes
  • Baseline measurements must be established before implementation
  • Both parties must maintain accurate records for verification
  • Performance bonuses are based on actual, verifiable results

4.3 Data Accuracy Requirements

You must provide accurate business data, POS information, and shrinkage measurements. Inaccurate data may affect service delivery and performance calculations.

5. User Responsibilities

5.1 Appropriate Use

You agree to use our services only for legitimate business purposes and in compliance with all applicable laws. You may not:

  • Use the platform for illegal or unauthorized purposes
  • Attempt to gain unauthorized access to our systems
  • Interfere with or disrupt our services
  • Share your account credentials with others
  • Reverse engineer or attempt to extract source code

5.2 Data Accuracy

You are responsible for ensuring the accuracy and completeness of all data you provide, including business information, POS data, and shrinkage measurements.

5.3 Compliance

You must comply with all applicable laws, regulations, and industry standards in your use of our services and in your retail operations.

6. Intellectual Property Rights

6.1 Our Intellectual Property

Retail Loss Shield and all related content, features, and functionality are owned by Nimbus Market LLC and protected by intellectual property laws. You may not:

  • Copy, modify, or distribute our software
  • Create derivative works based on our platform
  • Remove or alter any proprietary notices
  • Use our trademarks without permission

6.2 Your Data

You retain ownership of your business data. By using our services, you grant us a limited license to use your data to provide and improve our services.

6.3 Feedback

Any feedback, suggestions, or ideas you provide may be used by us without compensation or attribution.

7. Limitation of Liability

Important: This section limits our liability. Please read carefully.

7.1 Service Availability

We strive to maintain high service availability but cannot guarantee uninterrupted access. We are not liable for temporary service interruptions or technical issues.

7.2 Business Results

While we provide tools and guidance to reduce shrinkage, we cannot guarantee specific business results. Your success depends on proper implementation and various external factors.

7.3 Limitation of Damages

To the maximum extent permitted by law, our total liability for any claims arising from these Terms or our services shall not exceed the amount you paid us in the 12 months preceding the claim.

7.4 Exclusions

We exclude liability for indirect, incidental, special, or consequential damages, including lost profits, data loss, or business interruption.

8. Termination

8.1 Termination by You

You may terminate your account at any time by canceling your subscription through your account settings or contacting our support team.

8.2 Termination by Us

We may terminate or suspend your account if you:

  • Violate these Terms of Service
  • Fail to pay required fees
  • Engage in fraudulent or illegal activities
  • Misuse our services or intellectual property

8.3 Effect of Termination

Upon termination, your access to our services will cease, but certain provisions of these Terms will survive, including intellectual property rights and limitation of liability.

9. Dispute Resolution

9.1 Informal Resolution

We encourage resolving disputes through direct communication. Please contact us at contact@nimbus-market.com before pursuing formal legal action.

9.2 Binding Arbitration

Any disputes that cannot be resolved informally will be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.

9.3 Class Action Waiver

You agree to resolve disputes individually and waive the right to participate in class action lawsuits or class-wide arbitration.

10. Governing Law

These Terms are governed by the laws of Wyoming, United States, without regard to conflict of law principles. Any legal proceedings will be conducted in Wyoming courts.

11. General Provisions

11.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Nimbus Market LLC regarding your use of our services.

11.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.

11.3 Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision.

11.4 Assignment

You may not assign these Terms without our written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.

11.5 Updates to Terms

We may update these Terms periodically. Material changes will be communicated through email or platform notifications. Continued use constitutes acceptance of updated Terms.

12. Contact Information

For questions about these Terms of Service or our services, please contact us:

Nimbus Market LLC

These Terms of Service are effective as of 10/11/2025 and apply to all users of Retail Loss Shield.