Terms and Conditions (Australia)

Effective date: 2026-03-24

These Terms and Conditions ("Terms") govern your access to and use of the websites, products, and services (the "Services") provided by PriceSpy ("PriceSpy", "we", "us"). By using the Services, you agree to these Terms. If you are entering into these Terms on behalf of an organisation, you represent that you have authority to bind that organisation.

1. Accounts and Eligibility

  • You must be at least 18 years old to use the Services.
  • Registration information must be accurate and kept up to date. You are responsible for maintaining the confidentiality of your login credentials and for all activities under your account.
  • You must be an authorised representative of the business subscribing to the Services. By subscribing, you confirm you have authority to grant PriceSpy access to your connected e-commerce platforms and advertising accounts.
  • We may refuse service, close accounts, or change eligibility requirements at any time, subject to applicable law.

2. Subscription Plans, Fees, and Taxes

  • Access to paid features requires a subscription plan as set out on our pricing page or in an order form.
  • Fees are billed in advance on a monthly or annual basis unless otherwise agreed. All fees are non-refundable except as required by law, including the Australian Consumer Law (ACL).
  • If PriceSpy fails to complete managed onboarding within 30 days due to delays on PriceSpy's part, you may request a full refund of fees paid.
  • Each plan includes a maximum number of monitored products. If your catalogue exceeds your plan limit, you must upgrade to an appropriate plan or remove products to remain within your limit.
  • Prices are exclusive of taxes unless stated otherwise. You are responsible for GST and other applicable taxes.

3. Trials and Promotions

  • We may offer free trials or promotional offers. We reserve the right to modify or discontinue trials at any time. If you do not cancel before a trial ends, your subscription may convert to a paid plan.

4. Permitted Use and Customer Obligations

  • You will use the Services in compliance with these Terms and all applicable laws.
  • You will not: (a) engage in unauthorised scraping of sites beyond the scope permitted by law; (b) reverse engineer or attempt to access source code except to the extent allowed by law; (c) interfere with security or integrity of the Services; (d) use the Services to violate MAP or other third-party policies; or (e) use the Services to create a competing product.
  • You are responsible for the accuracy of data you provide to PriceSpy for setup, including product catalogues, pricing rules, and minimum sale prices.
  • You must grant PriceSpy valid access credentials or API keys for each connected platform. If access is revoked or expires without notice, PriceSpy is not liable for stale or incorrect pricing on your channels.
  • You must review and approve your pricing rules before activation. Once approved, PriceSpy will execute automated price changes in accordance with those rules.

5. Customer Data and Privacy

  • "Customer Data" means data, content, and materials that you or your users submit to the Services, including product catalogs, pricing rules, competitor URLs, and configuration settings.
  • You retain ownership of Customer Data. You grant PriceSpy a non-exclusive licence to host, process, transmit, and display Customer Data as reasonably necessary to provide the Services, and to generate de-identified analytics and performance metrics.
  • We handle personal information in accordance with our Privacy Policy (Australia), which is incorporated by reference.

6. Integrations and Third-Party Services

  • The Services integrate with third-party platforms (e.g., Shopify, Neto, WooCommerce, Magento, Google Merchant Center, eBay, Amazon) to sync pricing and monitor competitor data. Your use of third-party services is governed by their terms and policies. We are not responsible for third-party services and do not guarantee their availability.
  • Competitor pricing data is collected from third-party websites and marketplaces. These sources may change page structure, block access, display location-specific pricing, or show temporary promotional prices. PriceSpy uses commercially reasonable efforts, including human verification, to ensure data accuracy but does not warrant that competitor data will be error-free or available without interruption.
  • If a third-party platform changes its API, restricts access, or experiences downtime, PriceSpy is not liable for any resulting delays in price syncing or data collection.

7. Service Availability and Support

  • We aim for high availability and will use commercially reasonable efforts to minimise interruptions. Scheduled maintenance will be communicated where practicable.
  • Competitor monitoring and price syncing operate on schedules determined by your plan tier. PriceSpy does not guarantee real-time or instantaneous price updates.
  • Support levels are as described on our website or in an order form. Basic and Starter plans include email support. Pro and Enterprise plans include email and phone support.

8. Security

  • We implement administrative, technical, and physical safeguards to protect the Services and your data. You are responsible for securing your own systems and access to the Services.

9. Acceptable Use and Fair Use

  • You must comply with reasonable usage limits associated with your plan (e.g., product volumes, monitoring frequency, API rate limits). Excessive use that threatens stability may be throttled.

10. Intellectual Property

  • PriceSpy and its licensors own the Services and all related intellectual property rights. No rights are granted except as expressly stated.
  • Feedback is voluntary; we may use it without restriction and without obligation to you.

11. Confidentiality

  • Each party may receive confidential information from the other. The receiving party will protect it with at least reasonable care and use it only to perform under these Terms. Exclusions apply for information that is public, independently developed, or rightfully obtained from third parties.

12. Warranties and Disclaimers

  • To the maximum extent permitted by law, the Services are provided "as is" and "as available" without warranties of any kind. However, nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy you may have under the ACL that cannot be excluded, restricted or modified by agreement.
  • PriceSpy does not warrant uninterrupted or error-free operation of automated pricing, platform integrations, or competitor data collection. Product matches are reviewed by trained staff, but PriceSpy does not warrant that every match will be free from error. You should report suspected mismatches promptly and PriceSpy will correct confirmed errors within a reasonable timeframe.
  • Where the ACL applies and there is a failure that is not a major failure, our liability is limited, at our option, to resupplying the Services or paying the cost of having the Services supplied again.

13. Limitation of Liability

  • To the maximum extent permitted by law, PriceSpy is not liable for indirect, incidental, special, consequential, or punitive damages, or for loss of profits, revenue, goodwill, or data.
  • Our aggregate liability for all claims arising out of or related to the Services in any 12-month period will not exceed the fees paid by you to PriceSpy for the Services in the 12 months preceding the event giving rise to the liability, except to the extent the ACL provides otherwise.

14. Indemnity

  • You agree to indemnify and hold harmless PriceSpy, its affiliates, and personnel from claims, losses, and expenses (including legal fees) arising from your misuse of the Services, breach of these Terms, or violation of law.

15. Suspension and Termination

  • We may suspend or terminate the Services or your account for actual or suspected breaches of these Terms, security risks, non-payment, or unlawful use.
  • For no-fault termination by PriceSpy, we will provide at least 30 days written notice. During this notice period, PriceSpy will continue to provide the Services and assist with transition.
  • You may terminate at any time by providing notice via your account or to [email protected]. Upon termination, you remain responsible for fees accrued and we will make Customer Data available for export for a limited period.
  • Upon termination, PriceSpy will disconnect all platform integrations and cease automated price changes within 5 business days. You are responsible for managing your pricing independently after disconnection.

16. Data Return and Deletion

  • Upon termination or upon request, we will provide you with a reasonable opportunity to export Customer Data. Thereafter, we will delete or de-identify Customer Data in accordance with our retention policy, except where retention is required by law.

17. Changes to the Services and Terms

  • We may modify the Services to improve performance or security or to add features. Material changes to these Terms will be notified through the Services or via email. Continued use after the effective date constitutes acceptance.

18. Governing Law and Venue

  • These Terms are governed by the laws of New South Wales, Australia. The parties submit to the exclusive jurisdiction of the courts of New South Wales and the Commonwealth of Australia.

19. Notices

20. Publicity

  • We will not use your business name, logo, or branding in marketing materials without your prior written consent.

21. Force Majeure

  • Neither party is liable for failure or delay caused by events beyond its reasonable control, including natural disasters, acts of government, labour disputes, internet failures, or third-party service outages.

22. Dispute Resolution

  • Before commencing legal proceedings, either party must notify the other in writing of the dispute and allow 30 days for good faith negotiation to resolve the matter.
  • If the dispute is not resolved within 30 days, either party may refer the matter to mediation administered by the Australian Disputes Centre (ADC) in Sydney before pursuing court proceedings.
  • Nothing in this section prevents either party from seeking urgent injunctive or interlocutory relief from a court of competent jurisdiction.

23. General

  • Entire Agreement: These Terms and any order forms constitute the entire agreement and supersede prior agreements on the subject matter.
  • Severability: If any provision is unenforceable, the remainder remains in effect.
  • Assignment: You may not assign your rights without our prior written consent; we may assign to an affiliate or in connection with a merger or sale.
  • No Waiver: Failure to enforce a provision is not a waiver.

24. Contact

  • Email: [email protected]
  • Website: www.pricespy.ai
  • Location: Sydney, New South Wales, Australia