Terms of Service

1. Acceptance of Terms

By accessing or using the Topp Five Wholesale platform (the "Platform" or "Services"), you agree to be bound by these Terms of Service (the "Terms"). The Platform is a wholesale management system that allows you to manage inventory, create sales orders, generate invoices, track customers, and conduct wholesale business operations. If you do not agree to these Terms, please do not use the Services.

2. Eligibility

You must be at least 18 years old and have the authority to enter into these Terms on behalf of your business to use the Services. The Platform is designed for business-to-business (B2B) wholesale operations.

3. Account Registration and Security

To use the Platform, you must create an account and complete the onboarding process, which includes providing your business name, contact information, business address, and email configuration. You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Ensuring all information you provide is accurate and current
• Notifying us immediately of any unauthorized access or security breach

4. Platform Features and Services

The Platform provides the following features:

• Inventory Management: Upload, store, and manage product inventory including descriptions, pricing, UPC codes, images, and warehouse locations
• Customer Management: Create and manage customer records, track purchase history, and analyze customer engagement
• Sales Orders: Create, edit, and send sales orders to customers via email with PDF attachments
• Invoicing: Generate and send invoices with customizable payment terms, track payment status, and manage accounts receivable
• Analytics: Access reports on revenue, profit margins, customer analytics, and business performance
• AI Assistant: Interact with an AI-powered agent that can query your business data from connected integrations (Topp Five internal data, QuickBooks Online) to provide insights, generate reports, answer questions about your business, and assist with data analysis. The AI assistant uses advanced language models and vector embeddings to understand and respond to natural language queries about your inventory, customers, sales, and financial data.
• Data Integrations: Connect external data sources such as QuickBooks Online to sync financial data, customers, items, and invoices for use with the AI assistant and platform analytics
• Email Integration: Connect your Gmail or Outlook account to send sales orders and invoices directly from your business email
• Sub-Accounts: Invite team members or sales representatives and manage their access permissions, including granular controls over AI assistant capabilities
• Warehouse Management: Organize inventory across multiple warehouse locations

We reserve the right to modify, suspend, or discontinue any feature at any time with reasonable notice.

5. Your Content and Data

You retain ownership of all data you upload or create on the Platform, including inventory information, customer data, sales orders, and invoices ("Your Content"). By using the Platform, you grant us a limited license to:

• Store, process, and display Your Content to provide the Services
• Process Your Content through our AI assistant and language models to respond to your queries and generate insights
• Sync and embed data from your connected integrations (QuickBooks, internal Topp Five data) into vector databases for AI-powered retrieval and analysis
• Generate PDF documents and emails containing Your Content
• Send emails on your behalf using your connected email account
• Back up Your Content for disaster recovery purposes
• Create anonymized and aggregated data sets from Your Content and platform usage patterns for market research, product improvement, AI model training, and lead generation activities

You understand and agree that:

• When you enable data integrations for the AI assistant, data from those sources will be processed and stored to power AI-driven insights and responses
• We may use anonymized and aggregated data derived from your usage (which cannot identify you or your business specifically) for our business purposes, including creating industry reports, identifying market trends, and generating lead lists for marketing our Services
• Your identifiable business data will not be sold, rented, or shared with third parties for their marketing purposes

You represent and warrant that you have all necessary rights to Your Content and that it does not violate any third-party rights or applicable laws.

6. AI Assistant and Data Integration

When you use the AI assistant feature:

• Your queries and the AI's responses are stored as part of your conversation history
• The AI assistant accesses only the data sources you have explicitly enabled (internal Topp Five data, QuickBooks Online)
• Data from enabled integrations is synchronized and processed into vector embeddings for efficient retrieval during AI interactions
• You can control which integrations the AI assistant can access through your integration settings
• The AI assistant uses third-party AI providers (such as Anthropic) to process your queries; these providers are bound by strict data protection agreements
• Token usage is tracked and counted against your subscription plan limits

When you connect data integrations such as QuickBooks Online, you authorize us to access and sync the data you select from those platforms. You are responsible for ensuring you have the necessary permissions to connect these integrations and share that data with our Services.

7. Email Integration

When you connect your Gmail or Outlook account to the Platform, you authorize us to send emails on your behalf for sales orders and invoices. We will only use your email account for legitimate business purposes as instructed by you through the Platform. You may revoke this authorization at any time through your account settings.

8. Sub-Accounts

You may invite team members or sales representatives to access your account through sub-accounts. You are responsible for the actions of all sub-account users and must ensure they comply with these Terms. You can revoke sub-account access at any time. You can configure granular permissions for sub-accounts, including their ability to access the AI assistant and specific data sources.

9. Acceptable Use

You agree not to:

• Use the Platform for any illegal purpose or in violation of any applicable laws
• Upload malicious code, viruses, or harmful content
• Attempt to gain unauthorized access to any part of the Platform or other users' accounts
• Interfere with or disrupt the Platform's operation or infrastructure
• Use the Platform to send spam or unsolicited communications
• Scrape, copy, or reverse engineer any part of the Platform
• Impersonate others or provide false information

10. Intellectual Property

The Platform, including its design, code, features, and functionality, is owned by Topp Five Wholesale and protected by intellectual property laws. You may not copy, modify, distribute, or create derivative works without our prior written consent. Your Content remains your property, as described in Section 5.

11. Service Fees and Payment

Pricing for the Platform will be communicated to you separately. You agree to pay all applicable fees for your use of the Services, including subscription fees and any overage charges for AI assistant usage beyond your plan limits. We reserve the right to modify pricing with reasonable advance notice. Failure to pay may result in suspension or termination of your account.

12. Data Backup and Availability

While we implement backup procedures and strive for high availability, we recommend you maintain your own backups of critical business data. We are not responsible for data loss resulting from your failure to maintain adequate backups.

13. Third-Party Services

The Platform integrates with third-party services including Firebase, Gmail, Outlook, QuickBooks Online, Anthropic (AI provider), and Amplitude. Your use of these integrations is subject to their respective terms of service and privacy policies. We are not responsible for the availability, functionality, or actions of third-party services. When you connect integrations like QuickBooks Online, you grant us permission to access the data you authorize, and you are responsible for maintaining valid credentials and permissions with those third-party services.

14. Termination

You may terminate your account at any time by contacting us. We may suspend or terminate your access to the Platform if you violate these Terms or for other legitimate business reasons. Upon termination, you will lose access to Your Content on the Platform, and we may delete it according to our data retention policies. We will provide reasonable notice before termination when possible.

15. Disclaimers

THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We do not warrant that the Platform will be uninterrupted, error-free, or completely secure. THE AI ASSISTANT IS PROVIDED AS A TOOL TO ASSIST WITH BUSINESS INSIGHTS AND ANALYSIS, BUT WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR RELIABILITY OF AI-GENERATED RESPONSES. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION OR RECOMMENDATIONS PROVIDED BY THE AI ASSISTANT BEFORE TAKING ACTION. You use the Platform at your own risk.

16. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TOPP FIVE WHOLESALE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES, ARISING FROM YOUR USE OF THE PLATFORM OR THESE TERMS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.

17. Indemnification

You agree to indemnify, defend, and hold harmless Topp Five Wholesale, its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Platform, (b) Your Content, (c) your violation of these Terms, or (d) your violation of any third-party rights.

18. Changes to the Terms

We may update these Terms from time to time. We will post the updated Terms on this page with a revised "Last updated" date and notify you via email or through the Platform. Material changes will take effect 30 days after notice is provided. Your continued use of the Platform after changes take effect constitutes acceptance of the revised Terms.

19. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of New York, without regard to conflict of law principles. Any disputes arising from these Terms or your use of the Platform shall be resolved through binding arbitration in New York, except that either party may seek injunctive relief in court to protect intellectual property rights.

20. Miscellaneous

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full effect. Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision. These Terms constitute the entire agreement between you and Topp Five Wholesale regarding the Platform and supersede any prior agreements.

21. Contact Us

If you have questions about these Terms, please contact us at:

Email: toppfivellc@gmail.com
Phone: (631) 507-9288
Address: 110 Emjay Blvd, Brentwood, NY 11717

For information on how we collect and use personal data, please see our Privacy Policy.