Terms of Service

1. Scope and Parties

These Terms of Service ("Terms") govern access to and use of the cloud-based price monitoring and repricing platform "Price Monitor" ("Service"), operated by 3ziele GmbH ("Provider", "we", "us"). By registering for or using the Service, you ("Customer") agree to be bound by these Terms.

The Service is intended exclusively for businesses (B2B). Use by consumers within the meaning of § 13 BGB is not permitted. The German AGB apply in addition for German-speaking customers.

2. Description of Service

Price Monitor is a SaaS platform that provides automated competitor price crawling across major online marketplaces, repricing algorithms, product data management, and analytics for e-commerce sellers. The exact feature set depends on the selected subscription plan.

3. Account Registration

• You must be at least 18 years old and authorised to act on behalf of your company
• You must provide accurate and complete registration information
• You are responsible for maintaining the security of your account credentials
• You may not share your account with third parties
• You must notify us immediately of any suspected unauthorised access

4. Subscription Plans and Payment

4.1 Plans

We offer subscription plans (e.g. Starter, Pro, Enterprise) with different crawl volumes, feature sets, and support levels as described on our website.

4.2 Payment Terms

• Paid plans are billed monthly or annually in advance
• All prices are net, exclusive of applicable VAT
• You must keep payment information current
• In case of payment default, we may suspend access after a written reminder with a 7-day grace period

4.3 Price Changes

We will notify you of price changes at least 30 days in advance by email. If you do not object within this period, the new prices apply at the next billing cycle. You may terminate the contract at the time the new prices take effect.

4.4 Free Trial

Where a free trial is offered, it will convert to a paid plan at the end of the trial period unless cancelled beforehand.

5. Acceptable Use

You agree NOT to:

• Violate any applicable laws or regulations
• Infringe third-party intellectual property rights
• Upload malicious code, viruses, or harmful content
• Attempt to gain unauthorised access to our systems or other customers' data
• Generate excessive automated requests that burden our infrastructure beyond the agreed limits
• Reverse engineer, decompile, or create derivative works from the Service
• Resell or sub-license the Service to third parties without our written consent
• Use the Service to engage in price fixing or other anti-competitive practices

6. Intellectual Property

6.1 Our Rights

The Service, platform, software, and all associated content and functionality are owned by 3ziele GmbH and protected by copyright, trademark, and other intellectual property laws.

6.2 Your Content

You retain ownership of all product data, pricing information, and other content you upload. By uploading content, you grant us a limited, non-exclusive licence to process it solely to provide the Service to you.

6.3 Crawled Data

Price data crawled from third-party marketplaces is publicly available information. We make no warranty as to its accuracy, completeness, or timeliness. You are responsible for complying with the terms of use of any marketplace whose data you access via the Service.

7. Data Protection

The processing of personal data is governed by our Privacy Policy and, where applicable, a Data Processing Agreement (DPA) pursuant to Art. 28 GDPR. Please contact us to request a DPA.

For support request handling we use Freshservice, a service desk platform operated by Freshworks Inc., 2950 S. Delaware Street, Suite 201, San Mateo, CA 94403, USA. When you submit a ticket via support.price-monitor.com or by email, your name, email address, and message content are transmitted to Freshworks. For further information see the Freshworks Privacy Policy.

8. Availability and Maintenance

• We target 99.5% monthly uptime for core platform functions
• Scheduled maintenance is announced in advance where possible
• We are not liable for third-party marketplace downtime or blocking of our crawlers
• We reserve the right to modify or discontinue features with reasonable notice

9. Termination

9.1 By You

You may cancel your subscription at any time via account settings or by written notice. Cancellation takes effect at the end of the current billing period (monthly plans: 30 days notice; annual plans: 30 days before renewal).

9.2 By Us

We may terminate your account for material breach of these Terms, with immediate effect, or for any other reason with 30 days' notice.

9.3 Effect of Termination

Upon termination, your access to the Service ceases. We will make your data available for export for 30 days after termination, after which it will be deleted.

10. Warranties and Disclaimers

We warrant that the Service will operate substantially as described in our documentation. We do not warrant that crawled price data is accurate, current, or complete, as this depends on third-party sources. The Service is provided "as is" with respect to any third-party marketplace data.

11. Limitation of Liability

We are fully liable for damages arising from injury to life, body, or health, and for damages caused by wilful misconduct or gross negligence.

For slight negligence, we are only liable for breach of a material contractual obligation. In such cases, liability is limited to the foreseeable, contract-typical damage, and in any event to the total fees paid by you in the 12 months preceding the claim.

We are not liable for loss of profit, indirect damages, or damages arising from inaccurate third-party price data.

12. Indemnification

You agree to indemnify and hold harmless 3ziele GmbH from any third-party claims arising from your unlawful use of the Service or violation of these Terms.

13. Changes to These Terms

We reserve the right to modify these Terms. We will notify you of material changes by email at least 30 days before they take effect. Continued use of the Service after the effective date constitutes acceptance of the updated Terms. If you do not agree, you may terminate the contract before the changes take effect.

14. Governing Law and Jurisdiction

These Terms are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). The exclusive place of jurisdiction for all disputes arising from or in connection with these Terms is the registered seat of 3ziele GmbH, provided the Customer is a merchant (Kaufmann).

15. EU Dispute Resolution

The European Commission provides an online dispute resolution platform: https://ec.europa.eu/consumers/odr. We are not obliged to participate in dispute resolution proceedings before a consumer arbitration board.

16. Severability

If any provision of these Terms is found invalid or unenforceable, the remaining provisions continue in full force. The invalid provision shall be replaced by one that comes closest to the intended economic purpose.

17. Entire Agreement

These Terms, together with our Privacy Policy and any applicable Order Form or DPA, constitute the entire agreement between you and 3ziele GmbH. No verbal side agreements exist.

18. Contact

For questions about these Terms:
Email: [email protected]
Company: 3ziele GmbH