Terms of Service

1. Introduction and Acceptance

1.1 These Terms of Service ("Terms") govern your access to and use of PryceScan ("Service"), operated by PryceScan Pty Ltd ("we", "us", "our").

1.2 By creating an account, accessing the Service, or using any part of it, you agree to these Terms. If you are using the Service on behalf of an organisation, you represent that you have authority to bind that organisation to these Terms.

1.3 If you do not agree to these Terms, do not use the Service.

1.4 We may update these Terms from time to time. We will notify you of material changes via email or through the Service at least 30 days before they take effect. Your continued use of the Service after changes take effect constitutes acceptance of the updated Terms.

2. Definitions

2.1 "Account" means your registered account on the Service.

2.2 "Customer Data" means all data you upload, enter, or generate through the Service, including product catalogues, pricing rules, competitor configurations, team member information, and any other business data.

2.3 "Competitive Data" means pricing, availability, and related information collected by the Service from publicly available sources on your behalf.

2.4 "Organisation" means the business entity associated with your Account.

2.5 "Plan" means your selected subscription tier (Free, Basic, Pro, Advanced, or Enterprise).

2.6 "Users" means individuals authorised to access the Service under your Account.

3. Account Registration and Security

3.1 You must provide accurate and complete registration information. You are responsible for maintaining the accuracy of this information.

3.2 You are responsible for all activity that occurs under your Account. You must maintain the confidentiality of your login credentials and API keys.

3.3 You must notify us immediately at [email protected] if you become aware of any unauthorised access to your Account.

3.4 You must not share Account credentials between multiple individuals. Each User must have their own login.

3.5 We reserve the right to suspend or terminate Accounts that violate these Terms or that we reasonably believe have been compromised.

4. Subscriptions and Payments

4.1 The Service is available under multiple Plans with varying features and limits, as described on our Pricing page.

4.2 Paid Plans are billed monthly or annually through Stripe. By subscribing, you authorise us to charge your payment method on a recurring basis.

4.3 All prices are listed in US Dollars (USD) and are exclusive of applicable taxes. You are responsible for any taxes applicable in your jurisdiction.

4.4 You may upgrade your Plan at any time. Upgrades take effect immediately and charges are prorated for the remainder of the billing period.

4.5 You may downgrade your Plan at any time. Downgrades take effect at the end of the current billing period. If your current usage exceeds the limits of the new Plan, you must reduce usage before the downgrade can be processed.

4.6 We do not offer refunds for partial billing periods. If you cancel mid-period, you retain access to your Plan features until the end of the current billing period.

4.7 If payment fails, we will attempt to charge your payment method up to three times over 14 days. If all attempts fail, your Account will be downgraded to the Free Plan. Your data will be retained according to your original Plan's retention period, after which it may be deleted.

5. Acceptable Use

5.1 You may use the Service only for lawful business purposes related to competitive price intelligence and pricing optimisation.

5.2 You must not:

(a) Use the Service to engage in any activity that violates applicable laws or regulations.

(b) Attempt to access data belonging to other Organisations on the Service.

(c) Reverse engineer, decompile, or disassemble any part of the Service.

(d) Use automated tools (bots, scripts, or similar) to access the Service outside of the provided API, except as expressly permitted.

(e) Resell, sublicense, or redistribute the Service or data obtained through it without our prior written consent.

(f) Use the Service in a manner that could damage, disable, or impair the Service or interfere with other users' access.

(g) Circumvent or attempt to circumvent Plan limits, rate limits, or other usage restrictions.

(h) Use the Service to collect personal information about individuals.

5.3 We reserve the right to suspend or terminate your Account if we reasonably determine that you have violated this section.

6. Customer Data

6.1 You retain all rights to your Customer Data. We do not claim ownership of any data you upload to the Service.

6.2 You grant us a limited license to use your Customer Data solely to provide and improve the Service. This license terminates when you delete your data or close your Account.

6.3 We will not access your Customer Data except as necessary to provide the Service, respond to support requests, or comply with legal obligations.

6.4 We do not use your Customer Data to train machine learning models that benefit other customers.

6.5 You are responsible for the legality of the data you upload to the Service.

7. Competitive Data

7.1 The Service collects publicly available pricing and product information from retail websites, shopping platforms, and online marketplaces.

7.2 Competitive Data is collected from publicly accessible sources. We make reasonable efforts to ensure accuracy but do not guarantee that all Competitive Data is complete, accurate, or current.

7.3 You acknowledge that Competitive Data may be subject to change without notice and that historical accuracy depends on the frequency and reliability of data collection.

7.4 Competitive Data provided through the Service is for your internal business use only. You must not publish, redistribute, or resell Competitive Data without our prior written consent.

8. API Access

8.1 API access is available on eligible Plans as described on our Pricing page.

8.2 API keys are confidential. You are responsible for all API calls made using your keys.

8.3 API usage is subject to rate limits and monthly call limits as specified by your Plan. Exceeding these limits may result in temporary throttling or suspension of API access.

8.4 We may modify API endpoints, parameters, or response formats with reasonable notice. We will maintain backward compatibility where possible and communicate breaking changes at least 90 days in advance.

8.5 You must not use the API to build a competing product or service.

9. Intellectual Property

9.1 The Service, including its design, features, code, documentation, and branding, is our intellectual property and is protected by copyright, trademark, and other intellectual property laws.

9.2 We grant you a limited, non-exclusive, non-transferable license to use the Service for the duration of your subscription.

9.3 PryceScan, our logo, and our product names are trademarks. You may not use them without our prior written consent, except as necessary to refer to the Service in a factual context.

10. Availability and Support

10.1 We aim to maintain 99.9% uptime but do not guarantee uninterrupted access. Planned maintenance will be communicated in advance where possible.

10.2 Support is available as specified by your Plan (email, priority email, or dedicated support for Enterprise customers).

10.3 We may modify, suspend, or discontinue any feature of the Service with reasonable notice. We will not remove core features without at least 90 days notice.

11. Limitation of Liability

11.1 To the maximum extent permitted by law, we are not liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Service.

11.2 Our total liability for any claims arising from or related to the Service is limited to the amount you paid for the Service in the 12 months preceding the claim.

11.3 We are not liable for losses caused by inaccurate Competitive Data, pricing decisions made based on data provided by the Service, or any actions you take based on the Service's recommendations.

11.4 These limitations apply regardless of the legal theory under which liability is asserted.

12. Indemnification

12.1 You agree to indemnify and hold us harmless from any claims, damages, losses, or expenses (including reasonable legal fees) arising from your use of the Service, your violation of these Terms, or your violation of any third-party rights.

13. Termination

13.1 You may terminate your Account at any time through the Account settings or by contacting [email protected].

13.2 We may terminate or suspend your Account immediately if you materially breach these Terms, fail to pay fees when due, or engage in activity that threatens the security or integrity of the Service.

13.3 Upon termination, your right to access the Service ceases immediately. Your Customer Data will be retained for 30 days, during which you may request an export. After 30 days, data may be permanently deleted.

13.4 Sections that by their nature should survive termination (including Limitation of Liability, Indemnification, and Governing Law) will survive.

14. Governing Law and Disputes

14.1 These Terms are governed by the laws of Australia.

14.2 Any disputes arising from these Terms or the Service will be resolved in the courts of Australia, unless otherwise agreed in writing.

14.3 Before initiating legal proceedings, both parties agree to attempt to resolve disputes through good-faith negotiation for a period of at least 30 days.

15. General

15.1 These Terms constitute the entire agreement between you and us regarding the Service and supersede all prior agreements.

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

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

15.4 You may not assign your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations without restriction.

16. Contact

For questions about these Terms, contact us at [email protected].