Terms of Service

These Terms of Service (“Terms”) govern access to and use of the CaratRadar website, platform, reports, exports, APIs, dashboards, and related services (collectively, the “Service”). The Service is operated by CaratRadar (“CaratRadar,” “we,” “us,” “our”). Our contact email is [email protected].

By accessing or using the Service, you agree to these Terms on behalf of yourself and the business or entity you represent (“Customer,” “you”). If you do not agree, do not use the Service.

1) Eligibility and authority

The Service is intended for business and professional use. You must be at least 18 years old and have authority to bind your organization to these Terms.

2) The Service and outputs

CaratRadar provides diamond market intelligence tools and outputs that may include:

• inventory uploads and certificate-level matching/benchmarking (e.g., by lab + certificate number),
• pricing and availability signals, historical comparisons, and change tracking,
• pricing recommendations and action outputs (including CSV exports such as “LOWER” / “RAISE” action lists),
• dashboards and/or APIs depending on your plan.

Informational only. The Service provides analytics and recommendations. You are solely responsible for your pricing decisions, listings, policies, and business actions.

3) Accounts and security

If you create an account or receive access to the Service:

• You must provide accurate information and keep it current.
• You are responsible for maintaining confidentiality of credentials and restricting access to authorized users.
• You must notify us promptly at [email protected] of suspected unauthorized access.

4) Customer Content (uploads) and permissions

4.1 Customer Content

“Customer Content” means data you submit to the Service (including inventory files, pricing, and related business information) and materials generated from your use of the Service.

You retain all rights in Customer Content. You grant CaratRadar a worldwide, non-exclusive, royalty-free license to host, process, analyze, and transmit Customer Content solely to:

• provide and operate the Service,
• generate outputs you request (including exports and reports),
• support and troubleshoot,
• secure the Service and prevent abuse,
• comply with legal obligations,
• improve the Service (including improving matching logic and reliability), using aggregated or de-identified data where feasible.

4.2 Do not upload restricted data

You agree not to upload:

• payment card data,
• highly sensitive personal data (e.g., health data),
• any personal data you do not have the legal right to share,
• malware or harmful content.

4.3 Data quality and responsibility

You are responsible for the accuracy, legality, and permissions for Customer Content. We may normalize and transform uploads to run analysis.

5) Acceptable use

You agree not to:

• reverse engineer, decompile, or attempt to discover source code or underlying methods except as allowed by law,
• access the Service to build or benchmark a competing product,
• scrape or harvest the Service without permission,
• interfere with security, rate limits, or system integrity,
• share access outside your organization unless explicitly allowed in writing,
• use the Service in violation of law or third-party rights.

We may suspend or restrict access if we reasonably believe you are violating these Terms, causing security risk, or creating legal exposure.

6) Plans, billing, and payment

6.1 Plan limits

Plans may include limits (e.g., inventory volume, export size/count, history depth, refresh frequency). Plan details are described on the website, invoice, order form, or statement of work and may change over time.

6.2 Payments and Stripe

If you purchase a paid plan, you authorize us and our payment processor (Stripe) to charge your payment method for fees and applicable taxes. Stripe’s services are subject to Stripe’s own terms and privacy practices.

6.3 No refunds unless required or explicitly stated

Except where required by law or explicitly stated in an order form, fees are non-refundable.

6.4 Non-payment

We may suspend access for overdue payments. You remain responsible for all amounts owed.

7) Confidentiality

Each party may receive confidential or non-public information (“Confidential Information”). The receiving party will:

• use it only to perform under these Terms,
• protect it with reasonable care,
• not disclose it except to employees/contractors who need to know and are bound by confidentiality.

Customer Content is your Confidential Information.

8) Intellectual property

CaratRadar and its licensors own all rights in and to the Service, including software, templates, methodologies, matching logic, dashboards, designs, and documentation. You receive a limited, non-exclusive, non-transferable right to use the Service during your subscription/engagement.

9) Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not guarantee:

• accuracy or completeness of third-party market data,
• uninterrupted availability or error-free operation,
• that outputs will produce specific business results.

10) Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• CARATRADAR WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST DATA, OR BUSINESS INTERRUPTION.
• CARATRADAR’S TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE IN ANY 12-MONTH PERIOD WILL NOT EXCEED THE AMOUNTS PAID BY YOU FOR THE SERVICE IN THAT 12-MONTH PERIOD, OR $1,000 USD IF YOU PAID NOTHING, WHICHEVER IS GREATER.

Some jurisdictions do not allow certain limitations; in those cases, limitations apply to the fullest extent permitted.

11) Indemnification

You agree to indemnify and hold harmless CaratRadar from claims arising out of:

• your Customer Content (including legality or third-party rights),
• your misuse of the Service,
• your violation of these Terms or applicable law.

12) Suspension and termination

You may stop using the Service at any time. We may suspend or terminate access if you materially breach these Terms, fail to pay, or if required to protect security or comply with law.

Upon termination, your right to use the Service ends. Customer Content will be handled per the Privacy Policy (including retention and deletion).

13) Changes to the Service or Terms

We may update the Service and these Terms. If changes are material, we will provide reasonable notice (e.g., by posting updates on the website). Continued use after changes take effect means you accept the updated Terms.

14) Governing law and dispute venue

These Terms are governed by the laws of the State of Delaware, USA, without regard to conflict of law principles.

You agree that any dispute arising out of or relating to these Terms or the Service will be brought exclusively in the state or federal courts located in Delaware, and you consent to their jurisdiction and venue.

15) Contact

Questions about these Terms: [email protected]