PriceOtus

PriceOtus

1. Introduction

Our aim is to keep this Agreement as readable as possible, but in some cases for legal reasons, some of the language is required "legalese".

2. Your Acceptance of this Agreement

These terms of service are entered into by and between You and Individual Entrepreneur Aleksei Grabik ("Company,", "PriceOtus" "we," "our," or "us"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively "Terms of Service"), govern your access to and use of https://priceotus.com, including any content, functionality, and services offered on or through https://priceotus.com (the "Website").

Please read the Terms of Service carefully before you start to use the Website.

By using the Website [or by clicking to accept or agree to the Terms of Service when this option is made available to you], you accept and agree to be bound and abide by these Terms of Service and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Service, you must not access or use the Website.

BY ACCESSING AND USING THIS WEBSITE, YOU:

ACCEPT AND AGREE TO BE BOUND AND COMPLY WITH THESE TERMS OF SERVICE; YOU REPRESENT AND WARRANT THAT YOU ARE THE LEGAL AGE OF MAJORITY UNDER APPLICABLE LAW TO FORM A BINDING CONTRACT WITH US; AND, YOU AGREE IF YOU ACCESS THE WEBSITE FROM A JURISDICTION WHERE IT IS NOT PERMITTED, YOU DO SO AT YOUR OWN RISK.

3. Updates to Terms of Service

We may revise these Terms of Service from time to time. If we make material changes, we will notify you via an in-app notice at least 30 days before the changes take effect. Non-material changes (such as clarifications, typo corrections, or restructuring that does not affect your rights) may take effect immediately upon posting.

Your continued use of the Service after the effective date of any changes constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you may cancel your subscription before the effective date in accordance with Section 7.

4. Your Responsibilities

You are required to ensure that all persons who access the Website are aware of this Agreement and comply with it. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete.

YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE WEBSITE AND YOUR COMPUTER, INTERNET AND DATA SECURITY.

5. Prohibited Activities

You may use the Website only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Website:

In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the exports of data software to and from the U.S. or other countries). For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise. To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Submission Standards set out in these Terms of Service. To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation. To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other persona or entity (including, without limitation, by using email addresses associated with any of the foregoing). To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the website, or which as determined by us, may harm the Company or users of the website, or expose them to liability. Additionally, you agree not to:

Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real-time activities through the Website. Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website. Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Service, without our prior written consent. Use any device, software, or routine that interferes with the proper working of the Website. Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website. Attack the Website via a denial-of-service attack or a distributed denial-of-service attack. Otherwise attempting to interfere with the proper working of the Website.

6. Intellectual Property Rights

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Service permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:

Your computer may temporarily store copies of such material in RAM incidental to your accessing and viewing those materials. You may store files that are automatically cached by your Web browser for display enhancement purposes. You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution. You must not:

Modify copies of any materials from this site. Delete or alter any of the copyright, trademark, or other proprietary rights notices from copies of materials from this site. You must not access or use for any commercial purposes any part of the website or any services or materials available through the Website.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Service, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark, and other laws.

7. Termination

Termination by Us

We may suspend or terminate your access to the Service immediately and without prior notice if:

  • you materially breach these Terms of Service and fail to remedy the breach within 7 days of written notice from us; or
  • payment fails and is not resolved within 4 days of the failed payment date.

We also reserve the right to take appropriate legal action, including referral to or cooperation with law enforcement or regulatory authorities, or notifying the harmed party of any illegal or unauthorized use of the Service.

In the event of termination, your data will be handled in accordance with Section 7 of our Data Processing Agreement.

Termination by You

You may cancel your subscription at any time through your account settings. Cancellation terms and data handling following cancellation are described in Sections 9 and 12a respectively.

Effect of Termination

Upon termination by either party, your right to access and use the Service ends immediately. Sections 6 (Intellectual Property), 11 (Disclaimers, Liability and Indemnification), and 14 (Governing Law) survive termination. YOU WAIVE AND HOLD HARMLESS COMPANY AND ITS PARENT, SUBSIDIARIES, AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, AND SUCCESSORS FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY AND ANY OF THE FOREGOING PARTIES RELATING TO ANY INVESTIGATIONS BY EITHER THE COMPANY OR BY LAW ENFORCEMENT AUTHORITIES.

8. Third-Party Links and Content

For your convenience, this Website may provide links or pointers to third-party sites or third-party content. We make no representations about any other websites or third-party content that may be accessed from this Website. If you choose to access any such sites, you do so at your own risk. We have no control over the third-party content or any such third-party sites and accept no responsibility for such sites or for any loss or damage that may arise from your use of them. You are subject to any terms and conditions of such third-party sites.

9. Payment and Fees

To access the 14-day free trial, you are required to select a paid plan and provide a valid payment method. You will not be charged during the trial period. At the end of the trial, your subscription will begin automatically and your payment method will be charged unless you cancel before the trial expires.

Subscriptions are billed on a monthly basis. Your billing cycle begins on the date your trial expires. Payments are processed automatically at the start of each billing cycle using your chosen payment method.

You may cancel your subscription at any time through your account settings. Upon cancellation, your access to the Service ends immediately. No partial refunds are issued for unused time within a billing period. If you believe you have been charged in error, contact us at [email protected] within 14 days of the charge.

We accept payment methods as made available at checkout. We do not guarantee the availability of any specific payment method and may add, remove, or suspend payment methods at our sole discretion. All payments are in the currency displayed at checkout.

We reserve the right to change our prices at any time. If you are on an active paid plan, we will notify you of any price changes at least 30 days in advance by email. Continued use of the Service after the effective date of a price change constitutes acceptance of the new price. We reserve the right to correct billing errors even if payment has already been processed. We also reserve the right to refuse or cancel any order at our discretion.

10. Refund Policy

We want you to be completely satisfied with your purchase. You may request a refund within 60 days of your purchase date for any of the following reasons:

  1. Technical issues that prevent you from accessing or using the purchased product or service
  2. The product or service does not function as described
  3. You have not accessed or downloaded the digital content
  4. You have not used more than 10% of a subscription period

To request a refund, please contact us at [email protected] with:

  • Your order number
  • The reason for your refund request
  • Any relevant details about the issue you're experiencing

We will review your request within 5 business days and process approved refunds using your original payment method within 10 business days. Refunds may be subject to processing fees depending on your payment method.

Please note that we reserve the right to deny refund requests that:

  • Are submitted after the 60-day refund window
  • Involve excessive use of the product or service
  • Are made in bad faith or violate our Terms of Service
  • Are for products or services that have been substantially used or accessed

11. Disclaimers, Liability and Indemnification

Disclaimers

The Service is provided "as is" and "as available." To the fullest extent permitted by law, PriceOtus disclaims all warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement.

PriceOtus does not warrant that the Service will be uninterrupted or error-free. PriceOtus makes no representations regarding the correctness, accuracy, or reliability of any pricing data, competitor information, or other data retrieved or displayed through the Service. You use such data at your own risk.

Limitation of Liability

To the fullest extent permitted by applicable law, PriceOtus shall not be liable for any indirect, special, punitive, consequential, or incidental damages, including lost profits, loss of revenue, loss of data, or loss of business, even if advised of the possibility of such damages.

PriceOtus's total liability arising out of or in connection with these Terms shall not exceed the lesser of $500 or the fees paid by you in the six months preceding the event giving rise to the claim.

Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraud, or any other matter that cannot be excluded by law.

Indemnification

You agree to defend, indemnify, and hold harmless PriceOtus and its directors, officers, employees, agents, contractors, licensors, and successors from any claims, liabilities, damages, losses, costs, or expenses (including reasonable legal fees) arising out of your use of the Service, your violation of these Terms, your violation of any third-party rights, or your violation of applicable law.

12. Privacy Policy

Your provision of personal information through the Website is governed by our privacy policy located at https://priceotus.com/privacy (the "Privacy Policy").

12a. Data Processing Agreement

If you are a business customer, the processing of any personal data submitted to the Service is governed by our Data Processing Agreement ("DPA"), which forms part of these Terms of Service and is incorporated herein by reference. By using the Service, you agree to the terms of the DPA.

13. Marketing Usage Permission

You grant us a worldwide, non-exclusive, royalty-free license to use and display your name, trademarks, service marks, logos, and trade names in our promotional, marketing, and other business communications, including on our website, to identify you as a customer. If you would like us to remove your name, logos, or trademarks from our materials, contact us at [email protected] and we will do so within a reasonable time.

14. Governing Law

The Website and these Terms of Service will be governed by and construed in accordance with the laws of England and Wales, without giving effect to any choice or conflict of law provision, principle, or rule and notwithstanding your domicile, residence, or physical location. Any dispute arising out of or relating to this Website and/or under these Terms of Service shall be finally resolved by binding arbitration under the Rules of Arbitration of the International Chamber of Commerce (ICC), by one arbitrator appointed in accordance with said Rules. The seat of arbitration shall be London, United Kingdom, and the language of arbitration shall be English. Each party irrevocably submits to the exclusive jurisdiction of such proceedings. You waive any and all objections to the exercise of jurisdiction over you by such arbitration and to the venue of such proceedings. Notwithstanding the above, if you are a resident or business established in the European Union, the mandatory protections afforded by the laws of your country of residence or establishment shall continue to apply and are not waived by this clause. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods will not govern these Terms of Service or the rights and obligations of the parties under these Terms of Service.

If you are a citizen of any European Union country or Switzerland, Norway or Iceland, the governing law and forum shall be the laws and courts of your usual place of residence.

The parties agree that the United Nations Convention on Contracts for the International Sale of Goods will not govern these Terms of Service or the rights and obligations of the parties under these Terms of Service.

15. Security

PriceOtus takes the security of your data seriously. We implement the following measures to protect your information:

  • Encryption in transit — all data transmitted between your browser and our Service is encrypted using TLS (HTTPS)
  • Encryption at rest — all data stored on our servers is encrypted at rest
  • Access controls — access to customer data is restricted to authorized personnel only
  • Regular backups — your data is backed up regularly to prevent loss in the event of a system failure

Our servers are located in Paris, France (European Union). For more information on how we handle your data, see our Data Processing Agreement and Privacy Policy.

While we take all reasonable measures to protect your data, no system is completely immune to security risks. We encourage you to use a strong password and to notify us immediately at [email protected] if you suspect any unauthorized access to your account.

16. Severability

If any provision of these Terms of Service is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of these Terms of Service will continue in full force and effect.

17. Entire Terms of Service

These Terms of Service constitute the entire and only Terms of Service between the parties in relation to its subject matter and replaces and extinguishes all prior or simultaneous Terms of Services, undertakings, arrangements, understandings or statements of any nature made by the parties or any of them whether oral or written (and, if written, whether or not in draft form) with respect to such subject matter. Each of the parties acknowledges that they are not relying on any statements, warranties or representations given or made by any of them in relation to the subject matter of these Terms of Service, save those expressly set out in these Terms of Service, and that they shall have no rights or remedies with respect to such subject matter otherwise than under these Terms of Service save to the extent that they arise out of the fraud or fraudulent misrepresentation of another party. No variation of these Terms of Service shall be effective unless it is in writing and signed by or on behalf of Company.

18. Waiver

No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder.

19. Notice

We may provide any notice to you under these Terms of Service by: (i) sending a message to the email address you provide to us and consent to us using; or (ii) by posting to the Website. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.

20. Acceptable Use Policy

Permitted Use

You may use the Service solely to monitor and retrieve publicly accessible pricing data and product information from third-party websites for your internal business purposes.

Prohibited Use

You agree not to use the Service to:

  • Access, scrape, or retrieve data from any website or system that requires authentication, login credentials, or any form of access control, whether or not you possess valid credentials for such system
  • Circumvent, disable, or otherwise interfere with any technical measures used by a third-party website to restrict automated access
  • Retrieve data in a manner that violates the terms of service of any third-party website
  • Overload, disrupt, or place an unreasonable burden on any third-party website or system
  • Collect or process personal data of any individuals without a lawful basis under applicable data protection law

Your Responsibility

You represent and warrant that your use of the Service complies with all applicable laws and regulations, including those governing data collection, privacy, and computer access. You are solely responsible for ensuring that the websites you direct the Service to access permit automated retrieval of their publicly available data.

PriceOtus reserves the right to suspend or terminate your access to the Service immediately if we determine, in our sole discretion, that your use violates this Acceptable Use Policy.

Contact

[email protected] Attention: Data Protection Officer