Terms of use

1. Acceptance of Terms

These Terms of Service (“Terms”) govern your access to and use of PriceQuant (the “Tool”), a Microsoft Fabric workload provided by iLink Systems, Inc. (“iLink,” “we,” “us” or “our”).

By accessing, installing or using the Tool, you agree to be bound by these Terms, regardless of how you discovered, accessed or installed the Tool.

If you access or use the Tool on behalf of an organization, you represent that you have authority to bind that organization to these Terms. In that case, “you” and “your” refer to that organization.

If you do not agree to these Terms, you must not access or use the Tool.

2. Description of the Tool and Public Preview

PriceQuant is a pricing and promotions workload designed for Microsoft Fabric. It enables users to create projects, upload pricing and related business data, configure pricing and promotion scenarios, run simulations, and generate estimates and recommendations relating to revenue, sales, market share and other pricing-related outcomes.

PriceQuant is currently offered as a Public Preview and has not been made generally available (“GA”). The Tool is a pre-release product and may contain errors, defects or limitations. Its features, functionality, performance and user experience may change materially before GA.

During Public Preview, iLink may modify, restrict, suspend or discontinue the Tool or any part of its functionality at any time, with or without notice.

iLink does not guarantee that features available during Public Preview will remain available or be included in the GA version.

3. Free Trial and Access

The Tool is available with limited functionality free of charge for 30 days from the date of first use by a Microsoft Fabric tenant.

After the trial period expires, you will retain read-only access to existing projects and scenarios but will not be able to create new projects or scenarios or modify existing projects or scenarios unless and until access is restored by iLink.

To continue using the Tool with full functionality, you may contact iLink through the PriceQuant contact page.

Any continued access, applicable fees and commercial terms will be determined separately by iLink.

iLink may modify the trial period, access model or functionality as part of Public Preview or before GA.

4. Project Data and Customer Responsibilities

You may upload pricing data, cost models, product catalogs, competitive pricing information, elasticity data, promotion data and other related business information (“Project Data”).

The Tool is intended for business and pricing-related data. You must not upload personal data or personal information to the Tool.

You retain all ownership rights in and to your Project Data. These Terms do not transfer ownership of Project Data to iLink.

You are responsible for:

1. ensuring that Project Data is accurate, complete and lawful;
2. ensuring that you have all necessary rights, permissions and authority to upload and use Project Data through the Tool;
3. ensuring that your use of the Tool and Project Data complies with applicable laws, regulations and contractual obligations; and
4. maintaining appropriate copies or backups of Project Data and other information you may need independently of the Tool.

You authorize iLink to process Project Data solely to the extent necessary to provide and operate the Tool in accordance with these Terms.

5. Data Storage, Processing and Retention

Project Data is stored at rest in a Microsoft Fabric SQL database within your own Microsoft Fabric tenant.

Certain calculations and processing operations required for the Tool’s functionality are performed in iLink’s own tenant and/or compute environment. For this purpose, Project Data may be transmitted to and processed within iLink’s environment.

Project Data is held in iLink’s environment only transiently for the duration of the relevant processing. iLink does not persistently store Project Data in its own environment after processing is completed.

Based on the current product design, iLink personnel do not access or view Project Data during processing, and no third-party services or subprocessors are involved in processing Project Data.

If you delete Project Data through the Tool or directly delete or modify the relevant data in your Microsoft Fabric environment, iLink may not be able to retrieve or restore it. You are responsible for maintaining any backups or recovery arrangements within your own environment.

Any material change to the data storage or processing arrangements described in this section may require an update to these Terms.

6. Technical Metadata

To enable the Tool to operate and reconnect to the correct Microsoft Fabric workspace, database and PriceQuant item during subsequent sessions, iLink retains certain technical identifiers (“Metadata”). Metadata does not include the underlying Project Data.

The Metadata retained by iLink may include:

1. Tenant ID: retained indefinitely to enforce the 30-day free trial and prevent repeat trials by the same Microsoft Fabric tenant.
2. Workspace ID, Database ID and PriceQuant Item ID: retained only while you actively use the Tool and deleted when you stop using it, including when the relevant workspace is deleted or the Tool is uninstalled.

Metadata is retained for the operational and functional purposes described above, and not for analytics or profiling.

7. Tool Outputs

The Tool may generate estimates, simulations, pricing outputs and recommendations based on Project Data and the scenarios configured by you (“Outputs”).

Outputs are provided for informational and analytical purposes only. They are estimates and do not guarantee actual pricing, costs, revenue, savings, sales, market share or other business outcomes.

You are responsible for independently reviewing and validating Outputs before relying on them for pricing, commercial, financial or other business decisions.

iLink does not warrant that Outputs will be accurate, complete, reliable or suitable for any particular purpose or business decision.

8. Acceptable Use

You agree not to:

1. upload personal data or data that you do not have the right or authority to use;
2. use the Tool in violation of applicable laws or regulations or applicable Microsoft Fabric terms;
3. reverse engineer, decompile, disassemble or attempt to derive the source code or underlying technology of the Tool, except to the extent such restriction is prohibited by applicable law;
4. interfere with or disrupt the Tool or its underlying infrastructure;
5. attempt to obtain unauthorized access to the Tool or any systems or environments associated with it; or
6. use the Tool for any unlawful, fraudulent or unauthorized purpose.

iLink may suspend or restrict access where reasonably necessary to address a violation of these Terms, security concerns or other risks associated with use of the Tool.

9. Intellectual Property

All rights, title and interest in and to the Tool, including its software, algorithms, models, methodologies, designs, documentation, user interface, technology and related intellectual property, are owned by or licensed to iLink.

You receive only a limited, non-exclusive, non-transferable and revocable right to access and use the Tool during Public Preview in accordance with these Terms.

Except for the limited right expressly granted above, no rights in or to the Tool or iLink’s intellectual property are transferred to you.

You retain ownership of your Project Data and grant iLink only the limited right to process it as necessary to provide and operate the Tool in accordance with these Terms.

Nothing in these Terms transfers ownership of either party’s pre-existing intellectual property.

10. Feedback

If you provide suggestions, ideas or feedback regarding the Tool (“Feedback”), iLink may use and incorporate that Feedback to improve or develop its products and services without restriction or payment to you, provided that this does not transfer ownership of your Project Data or authorize use of your confidential information beyond what is permitted under these Terms or otherwise agreed in writing.

11. Availability, Changes and Suspension

PriceQuant is provided as a Public Preview tool and may be modified, suspended, restricted or discontinued by iLink at any time, with or without notice. iLink does not guarantee continuous availability, uptime, support, maintenance or the continued availability of any particular feature or functionality.

iLink may update, modify or remove any feature or functionality of the Tool during the Public Preview, including where necessary for technical, operational, security or business reasons. iLink shall not be responsible for any loss arising from any unavailability, modification, suspension or discontinuation of the Tool, to the maximum extent permitted by applicable law.

12. Disclaimer of Warranties

To the maximum extent permitted by applicable law, the Tool is provided free of charge during the Public Preview on an “AS IS” and “AS AVAILABLE” basis, without warranties or representations of any kind, whether express, implied or statutory.

iLink disclaims all warranties, including implied warranties of merchantability, fitness for a particular purpose and non-infringement, and makes no warranty that the Tool will be uninterrupted, error-free, secure, accurate or suitable for your particular requirements.

Without limiting the foregoing, iLink does not warrant that any estimates, simulations, pricing outputs or recommendations generated by the Tool will be accurate, complete, reliable or suitable for any particular business decision. You are solely responsible for independently reviewing and validating the Outputs before relying on them and for any decisions or actions taken based on them.

Nothing in these Terms excludes or limits any warranty or right that cannot lawfully be excluded or limited under applicable law.

13. Limitation of Liability

To the maximum extent permitted by applicable law, iLink and its affiliates shall not be liable for any loss or damage arising out of or relating to your access to or use of, or inability to access or use, the Tool, or your reliance on any Outputs generated by the Tool.

Without limiting the foregoing, to the maximum extent permitted by applicable law, iLink and its affiliates shall not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, business opportunities, anticipated savings, goodwill, business interruption or data, whether arising in contract, tort (including negligence) or otherwise, even if advised of the possibility of such damages.

To the maximum extent permitted by applicable law, iLink shall not be liable for any loss, deletion or corruption of Project Data resulting from actions taken by you or within your Microsoft Fabric environment, including deletion or modification by you or your authorized users.

PriceQuant is provided free of charge during the Public Preview. Accordingly, no monetary liability cap based on fees paid or payable applies. To the maximum extent permitted by applicable law, iLink excludes liability arising out of or relating to the Tool as set out in this Section.

14. Indemnification

To the maximum extent permitted by applicable law, you agree to indemnify and hold harmless iLink from third-party claims, losses and reasonable costs arising directly from your unlawful use of the Tool, your material breach of these Terms, or your upload of Project Data in violation of applicable law or third-party rights.

This obligation does not apply to the extent a claim results from iLink’s own breach of these Terms, negligence or wrongful conduct. iLink will provide reasonable notice of a claim for which indemnification is sought and reasonable cooperation in its defense.

15. Termination and Cessation of Use

You may stop using the Tool at any time.

iLink may suspend or terminate your access to the Tool in accordance with these Terms, including where necessary due to misuse, security concerns, legal requirements or discontinuation of Public Preview.

Upon cessation of use or termination, Project Data stored in your Microsoft Fabric tenant remains subject to your organization’s data retention and deletion practices.

Metadata will be retained or deleted in accordance with Section 6.

Sections relating to Project Data, intellectual property, Feedback, disclaimers, limitation of liability, indemnification and any other provisions which by their nature should survive will survive termination or cessation of use.

16. Changes to These Terms

iLink may update these Terms from time to time, particularly during Public Preview as features, functionality or operational arrangements evolve.

The updated Terms will be made available with a revised “Last Updated” date. Where required by applicable law, iLink will provide notice of material changes or obtain any necessary consent.

To the extent permitted by applicable law, continued use of the Tool after revised Terms become effective constitutes acceptance of the updated Terms. If you do not agree to revised Terms, you must stop using the Tool.

17. Microsoft Fabric and Third-Party Services

PriceQuant is designed to operate within Microsoft Fabric. Your use of Microsoft Fabric remains subject to the applicable Microsoft terms, conditions, licenses and policies.

These Terms govern your use of PriceQuant and do not replace or amend the terms applicable to Microsoft Fabric.

iLink is not responsible for the availability or performance of Microsoft Fabric or other third-party services outside iLink’s reasonable control.

18. Privacy

PriceQuant is intended for business and pricing-related data and is not designed for the upload of personal data or personal information.

You must not upload personal data or personal information to the Tool.

If the Tool’s functionality or data-handling arrangements change in a manner requiring additional privacy or data-processing provisions, iLink may update these Terms and implement any additional notices, agreements or consents required by applicable law before enabling the relevant functionality.

19. Governing Law and Jurisdiction

These Terms will be governed by the laws of the State of Washington, USA, without regard to its conflict-of-law principles.

Any dispute arising out of or relating to these Terms or your use of the Tool shall be subject to the jurisdiction of the state and federal courts located in the State of Washington, USA.

20. General

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

A failure or delay by iLink in exercising any right under these Terms will not constitute a waiver of that right.

These Terms govern your access to and use of PriceQuant during Public Preview, together with any separate written agreement that expressly applies to such use. In the event of a conflict with a separate written agreement governing your use of the Tool, that agreement will prevail to the extent of the conflict.

These Terms do not create a partnership, joint venture, agency or employment relationship between you and iLink.