Terms of Service

Last Updated: August 2, 2026

These Terms of Service (“Terms”) govern access to and use of the Cactus Market Intelligence website, platform, applications, software, and related services.

Cactus Market Intelligence is operated by Unleash IQ Solutions Private Limited, a company established in Sri Lanka (“Cactus,” “we,” “our,” or “us”).

By accessing or using Cactus, you agree to these Terms. Where you use Cactus on behalf of a company or other organization, you represent that you have authority to bind that organization to these Terms.

1. The Cactus Services

Cactus Market Intelligence is an AI-powered platform that helps customers process, harmonize, analyze, and interpret customer-provided syndicated, retailer, eCommerce, commercial, financial, and operational data.

The services may include:

Data ingestion and mapping
Data harmonization and modeling
Dashboards and reports
Market-share and competitive analysis
Pricing and promotion analysis
Distribution-gap analysis
Forecasts and scenarios
Automated summaries and alerts
AI-generated insights and recommendations
Natural-language analytics
Related implementation, support, and maintenance services

The specific services available to a customer may be defined in an order form, statement of work, subscription agreement, or other written agreement.

2. Eligibility and Business Use

Cactus is intended for lawful business and professional use.

Users must:

Be legally capable of entering into a binding agreement
Use the platform only for authorized business purposes
Comply with their organization’s policies
Follow applicable laws, regulations, and contractual obligations
Maintain the confidentiality of account credentials

3. Customer Accounts

Customers are responsible for:

Providing accurate account information
Identifying authorized users
Managing user roles and permissions
Protecting passwords and authentication credentials
Promptly removing users who no longer require access
All activity conducted through their accounts, except to the extent caused by Cactus

Customers must promptly notify Cactus at hello@cactusmi.com of suspected unauthorized access or account misuse.

4. Customer Data

“Customer Data” means information, files, reports, datasets, database records, instructions, content, and other materials submitted, connected, uploaded, or otherwise made available by or on behalf of a customer.

The customer retains ownership of its Customer Data.

The customer grants Cactus a limited, non-exclusive right to host, copy, process, transform, analyze, transmit, display, and otherwise use Customer Data only as reasonably necessary to:

Provide the services
Generate requested analytics and outputs
Maintain security and platform performance
Provide support
Comply with legal obligations
Enforce applicable agreements

Cactus does not acquire ownership of Customer Data.

5. Third-Party and Syndicated Data

Customers may provide data licensed from third parties, including syndicated data providers, retailers, marketplaces, eCommerce platforms, and other commercial sources.

The customer represents and warrants that it:

Has all necessary rights, licenses, permissions, and authorizations to provide such data to Cactus
Is permitted to allow Cactus to process the data for the agreed purposes
Will comply with applicable third-party license restrictions
Will not require Cactus to use data in a manner prohibited by the underlying license

Cactus is not a reseller, distributor, or licensor of third-party syndicated data unless expressly agreed in writing.

Cactus is not responsible for the accuracy, completeness, availability, or licensing status of third-party data supplied by the customer.

6. Data Accuracy and Quality

The quality of Cactus outputs depends on the completeness, accuracy, consistency, structure, and timeliness of Customer Data.

Customers are responsible for:

Validating source data
Providing required definitions and business rules
Reviewing mappings and hierarchies
Identifying known data limitations
Confirming calculations, assumptions, and outputs
Correcting inaccurate or incomplete source information

Cactus is not responsible for errors caused by inaccurate, incomplete, duplicated, delayed, improperly licensed, or incorrectly structured Customer Data.

7. AI-Generated Outputs

Cactus may use artificial intelligence, machine learning, statistical models, and automated workflows to produce summaries, forecasts, recommendations, classifications, explanations, and other outputs.

AI-generated outputs:

May be incomplete or inaccurate
May depend on assumptions or available data
May not reflect later events or information
Are provided as decision-support tools
Do not replace professional judgment

Customers must independently review material outputs before making commercial, financial, legal, regulatory, supply-chain, pricing, promotional, or strategic decisions.

Cactus does not guarantee any specific financial, market-share, sales, forecasting, margin, or operational result.

8. Acceptable Use

Users must not:

Use the platform for unlawful, fraudulent, harmful, or deceptive purposes
Access data or accounts without authorization
Upload malicious code, viruses, or harmful content
Attempt to bypass authentication or security controls
Probe, scan, or test platform vulnerabilities without written authorization
Interfere with the integrity, security, or availability of the services
Reverse engineer, decompile, or attempt to extract source code, except where prohibited by law
Copy or commercially exploit the platform beyond the rights granted
Use the services to violate third-party intellectual property, confidentiality, privacy, or data-license rights
Use Cactus outputs to create a competing platform through systematic extraction or replication
Misrepresent AI-generated content as independently verified where verification is required
Introduce personal or regulated data that is not permitted under the applicable customer agreement

We may restrict or suspend access where we reasonably believe these Terms have been violated.

9. Intellectual Property

Cactus and its licensors retain all rights, title, and interest in:

The platform and software
Source code and object code
User-interface designs
Algorithms and AI workflows
Data models and schemas
Templates and methodologies
Documentation and training materials
Product names, trademarks, and branding
Improvements, updates, and derivative platform technology

Except for the limited right to use the services during the applicable subscription or agreement term, no ownership rights are transferred to the customer.

10. Customer Outputs

Subject to payment of applicable fees and compliance with these Terms, customers may use reports, dashboards, exports, analyses, and other outputs generated specifically from their Customer Data for their internal business purposes.

Customer rights to an output remain subject to:

Third-party data-license restrictions
Applicable laws and regulations
Confidentiality obligations
Intellectual property embedded in the platform
Any additional restrictions in the applicable customer agreement

11. Confidentiality

Each party may receive confidential or proprietary information from the other party.

The receiving party must:

Use confidential information only for the agreed purposes
Protect it using reasonable safeguards
Limit access to personnel and providers who need the information
Not disclose it to third parties except as permitted by agreement or law

Confidential information does not include information that:

Is publicly available without breach
Was lawfully known without confidentiality restrictions
Is independently developed without use of the confidential information
Is lawfully received from a third party without restriction

Where disclosure is legally required, the receiving party will, where legally permitted, provide reasonable notice to the disclosing party.

12. Security

Cactus will maintain reasonable administrative, technical, and organizational safeguards designed to protect Customer Data.

Customers acknowledge that no online service can guarantee complete security. Customers are also responsible for securing their own accounts, devices, networks, data sources, integrations, and authorized users.

Additional security obligations may be set out in a customer agreement, data-processing agreement, security schedule, or statement of work.

13. Privacy

Our collection and processing of personal information is described in the Cactus Privacy Policy.

Where Cactus processes personal information on behalf of a customer, the customer is responsible for determining the lawful basis and providing any required notices or consents.

A separate data-processing agreement may apply where required.

14. Third-Party Services

Cactus may interoperate with third-party platforms, data sources, cloud services, identity providers, AI providers, databases, and enterprise systems.

Third-party services are governed by their own terms and policies. Cactus is not responsible for:

Third-party service availability
Changes made by third-party providers
Third-party data accuracy
Third-party license restrictions
Customer configurations in third-party systems
Loss or damage caused solely by an independent third-party service

15. Service Availability and Changes

We aim to provide reliable access to the platform but do not guarantee uninterrupted or error-free availability.

Services may be temporarily unavailable due to:

Maintenance
Updates
Security actions
Infrastructure failures
Third-party service failures
Events outside our reasonable control

We may update, improve, replace, or discontinue platform features. Where a material change substantially reduces contracted functionality, applicable customer agreements will govern the customer’s remedies.

16. Support and Maintenance

Support arrangements, service levels, implementation responsibilities, maintenance coverage, and response times will be defined in the applicable customer agreement or service package.

Unless expressly stated in writing, general support information does not create a guaranteed response or resolution time.

17. Suspension

Cactus may suspend access where reasonably necessary to:

Address a security risk
Prevent unauthorized access
Protect the platform or other customers
Investigate suspected misuse
Comply with law
Address a material breach
Respond to non-payment under an applicable commercial agreement

Where reasonably practicable, we will provide notice and an opportunity to resolve the issue.

18. Term and Termination

These Terms remain effective while the customer or user accesses the services.

Either party may terminate an applicable service agreement by providing at least 30 days’ written notice, unless a different period is stated in the relevant order form, statement of work, or customer agreement.

Either party may terminate for material breach if the breaching party fails to remedy the breach within 30 days after receiving written notice describing the breach.

Immediate suspension or termination may occur where reasonably necessary due to:

Unlawful use
Serious security threats
Fraud
Unauthorized data access
Repeated or intentional violations
A breach that cannot reasonably be remedied

19. Effect of Termination

Following termination:

The customer’s right to access the services will end
Outstanding payment obligations will remain due
Each party must cease unauthorized use of the other party’s confidential information
Customer Data will be returned or deleted according to the applicable agreement and retention procedures
Provisions intended to survive termination will remain effective

Customers should export required reports and data before termination where export functionality is available.

20. Disclaimers

To the maximum extent permitted by law, the services are provided on an “as available” basis.

Cactus does not warrant that:

The services will always be uninterrupted or error-free
Every error will be corrected
AI-generated outputs will be completely accurate
Customer Data will produce a particular result
Forecasts or recommendations will occur as predicted
Third-party data or services will remain available
Use of the platform will satisfy every customer-specific regulatory requirement

Customers remain responsible for their business decisions and use of platform outputs.

21. Limitation of Liability

To the maximum extent permitted by law, neither party will be liable for indirect, incidental, special, exemplary, punitive, or consequential damages, including lost profits, lost revenue, lost business opportunity, or loss of goodwill.

Unless otherwise stated in a signed customer agreement, Cactus’s total aggregate liability arising from the services will not exceed the fees paid or payable by the customer for the affected services during the 12 months preceding the event giving rise to the claim.

These limitations do not apply where liability cannot lawfully be limited or excluded.

22. Indemnification

The customer will defend and indemnify Cactus against third-party claims arising from:

Customer Data supplied without necessary rights or permissions
The customer’s violation of a third-party data license
Unlawful or unauthorized use of the services
The customer’s breach of these Terms
Content, instructions, or configurations supplied by the customer that infringe third-party rights

Cactus will provide reasonable notice of an indemnified claim and reasonable cooperation in its defense.

Any additional Cactus indemnification obligations must be stated in a signed customer agreement.

23. Force Majeure

Neither party will be liable for delay or failure caused by events beyond its reasonable control, including natural disasters, war, civil unrest, government action, labor disruption, utility failures, internet outages, cyberattacks, cloud-provider failures, or telecommunications failures.

24. Governing Law and Dispute Resolution

These Terms are governed by the laws of Sri Lanka, without regard to conflict-of-law principles.

The courts of Sri Lanka will have jurisdiction over disputes arising from these Terms, unless the applicable customer agreement specifies another dispute-resolution process.

Before initiating formal proceedings, the parties should attempt in good faith to resolve the dispute through business discussions.

25. Changes to These Terms

We may update these Terms to reflect changes in our services, legal requirements, security practices, or business operations.

Updated Terms will be published on our website with a revised “Last Updated” date. Material changes may also be communicated through the platform or by email.

Continued use following the effective date of revised Terms constitutes acceptance of those Terms, subject to any separate signed customer agreement.

26. General Provisions

If any provision is held invalid or unenforceable, the remaining provisions will remain effective.

Failure to enforce a provision is not a waiver of the right to enforce it later.

Customers may not assign their rights or obligations without our written consent, except as part of a permitted corporate restructuring or sale of substantially all relevant assets.

These Terms, together with any applicable order form, statement of work, data-processing agreement, security schedule, or signed customer agreement, constitute the agreement governing the relevant services.

If a signed customer agreement conflicts with these Terms, the signed customer agreement will control.

27. Contact

Questions about these Terms may be directed to:

Unleash IQ Solutions Private Limited Website: www.cactusmi.com Email: hello@cactusmi.com Governing Law: Sri Lanka