Terms of service

Introduction
‍This website and online application (hereafter referred to as the “Service” or the "Service") are owned and operated by ShoppingResult BV, a Dutch registered company at the Dutch Chamber of Commerce with number 82906971 located at Smederijstraat 2, 4814DB, the Netherlands (hereafter referred to as “ShoppingResult”, “we” or “us”), in accordance with these Terms and Conditions of Use (“Terms of Use”).
These Terms of Use govern your use of the Service. By accessing or using the Service, you accept these Terms of Use in full and without reservation.
We recommend that you read these Terms of Use, furthermore, ShoppingResult may change these Terms of Use at any time. If the Terms of Use are updated, we will send a notification and ask you to accept them the first time you use the Service. You agree that these terms and conditions and possible changes are legally bounding.
IF YOU DO NOT AGREE TO THESE TERMS OF USE AND/OR THE PRIVACY POLICY OR OTHER POLICIES, GUIDELINES OR INSTRUCTIONS POSTED ON THE SERVICE, DO NOT USE THE SERVICE.

Use of the service
‍In order to use the Service, you are required to establish a user account (an “Account”) for the Service. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures giving access to your Account, you must treat such information as confidential, and you must not disclose it to any third party. User accounts are strictly personal and individual: it is not allowed to share a user account with other individuals. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms of Use.If you subscribe to the Service on behalf of a business, you represent to ShoppingResult that you have the authority to bind that business and that your acceptance of this Agreement will be treated as acceptance by that business. You further agree that ShoppingResult may use the name and logo of that business on ShoppingResult’s website and other promotional material as a customer of the Service.Minors under the age of 13 are not permitted to use the Service. If the laws of your country of residence so permit, minor children may utilize the Service, provided that their parent or legal  guardian establishes the account, of the account is created with such parent or guardian’s approval. If you permit your minor child or legal ward to use the Service, you hereby agree to these Terms of Use on behalf of both yourself and your child or legal ward. You further agree that you are solely responsible for any and all use of the Service by your child or legal ward regardless of whether such use was authorized by you.As long as you comply with this Agreement, ShoppingResult grants you a limited, revocable, non- exclusive, non-assignable, non-sublicensable right to access and use the Service as it is intended to be used and in accordance with this Agreement and applicable law. ShoppingResult grants you no other rights, implied or otherwise.You may not use the Service to disseminate any unlawful or other objectionable material, or to harm others or the Service itself. For example, you must not:(i) use the Service to harm, threaten, or harass another person, organization, or ShoppingResult; (ii) damage, disable, overburden, or impair the Service;(iii) resell or redistribute any part of the Service or access to the Service, including the sale or purchase of an Account;(iv) use or attempt to use any unauthorized means to modify, reroute, or gain access to the Service;(v) use any automated process or service (such as a bot, a spider, periodic caching of information stored by ShoppingResult, or metasearching) to access or use the Service, or to copy or scrape data from the Service; or(vi) obtain (or try to obtain) any data from the Service, except the data that we intend to make available to you.‍

• By using the Service, you grant ShoppingResult to use all meta data to improve it’s dynamic pricing algorithm you upload or post to the Service. This data will not be shared with any Third Party. 
• ShoppingResult does not claim ownership of the meta data. 
• You are responsible for backing up the meta data that you store on the Service. We may permanently delete your meta data from the Service if your access to the Service is suspended or canceled. We do not have any obligation to return the meta data to you after your access to the Service has been suspended or canceled. If meta data is stored with an expiration date, we may also delete the meta data as of that date. Meta data that is deleted may be irretrievable.

Meta data

• By using the Service, you grant ShoppingResult to use all meta data to improve it’s dynamic pricing algorithm you upload or post to the Service. This data will not be shared with any Third Party. 
• ShoppingResult does not claim ownership of the meta data. 
• You are responsible for backing up the meta data that you store on the Service. We may permanently delete your meta data from the Service if your access to the Service is suspended or canceled. We do not have any obligation to return the meta data to you after your access to the Service has been suspended or canceled. If meta data is stored with an expiration date, we may also delete the meta data as of that date. Meta data that is deleted may be irretrievable.

Payment

• All functionalities and features of the Service are paid functionalities (hereafter collectively referred to as “Functionalities”). You agree to pay the charge associated with the use of Functionalities within 30 days. We may suspend or cancel your access to the Service if we do not receive such charge on time. Suspension or cancellation of your access to the Service for nonpayment could result in a loss of access to and use of your Account, as well as loss of your User Content stored on the Service.
• To pay the charges for Functionalities delivered through the Service, you will be asked to provide a payment method at the time you sign up for such Functionalites. You can access and change your billing account information and payment method by contacting ShoppingResult. You agree to keep your billing account information current at all times.
• By providing ShoppingResult with a payment method, you (i) represent that you are authorized to use the payment method that you provided and that any payment information you provide is true and accurate; (ii) authorize ShoppingResult to charge you for the Functionalities using your payment method; and(iii) authorize ShoppingResult to charge you for the Functionalities. We will bill you in advance of each billing period and on a recurring basis. Typically, a billing period entails a month.
  
• Subscription to our Service is automatically renewed each billing period. The charge for each billing period is based on the Functionalities of the Service you use in combination with other factors including, but not limited to, the number of imported products, number of countries and frequency we analyze the products. Calculation of the height of the charge is done automatically and can vary each billing period. To stop your subscription, you must cancel the Functionalities before the next billing date to avoid being billed for the renewal. If you cancel your recurring payment option, your account will remain active until its next renewal date. In case of such cancellation, you will not be given any refund. If you delete your account before the end of the period for which you paid, your cancellation will take effect immediately. In case of deletion of your account, you will not be given any refund.
  
• We will provide you with an invoice via email. If we make an error on your bill, you must tell us within 30 days after the error first appears on your bill. We will then promptly investigate the charge. If you do not tell us within that time, you release us from all liability and claims of loss resulting from the error and we will not be required to correct the error or provide a refund. If ShoppingResult has identified a billing error, we will correct that error within 30 days.
  
• When you use Functionalities from us, you agree that we may begin to provide Functionalities immediately. You will not be entitled to a cancellation or “cooling off” period, except if the law requires a cooling off period. Payment for Functionalities (whether these are transactions or subscriptions) is non-refundable.
  
• ShoppingResult may change the price of the Functionalities at any time and will notify you by email at least 15 days before the price change. This does not include the change in subscription because of the factors as stated in earlier paragraph. If you do not agree to the price change, you must cancel and stop using the Functionalities before the price change takes effect. If there is a fixed term and price for your Functionalities offer, that price will remain in force for the term.
  
• You must pay for all reasonable costs we incur to collect any past due amounts. These include reasonable attorneys’ fees and other legal fees and costs, in event of default.
  
• If ShoppingResult owes you a payment, then you agree to timely and accurately provide us with any information we need to get that payment to you. You are responsible for any taxes and charges you may incur as a result of this payment to you. You must also comply with any other conditions we place on your right to any payment. If you receive a payment in error, we may reverse or require return of the payment. You agree to cooperate with us in our efforts to do this. We may also reduce the payment to you without notice to adjust for any previous overpayment.
  

Intellectual Property Rights

• All information, data, text, reports, pricing, services or materials (or any part of them) accessible on the Service (hereafter referred to as the “Materials”) are protected by copyright, trade marks, database rights and other intellectual property rights and are owned by or licensed to ShoppingResult or are otherwise used by ShoppingResult as permitted by applicable law. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise, any license or right to use the Materials other than as permitted in these Terms of Use. Unless you have permission from the creator or original content supplier, you agree not to download, cache, scrape, reproduce, modify, edit, alter or enhance any of the Materials.
• ShoppingResult owns and retains all proprietary rights to the Service and all associated copyrights, trademarks, brands, service marks, patents, object’s library, characters, props or other proprietary rights under law. All of the trademarks, service marks, brand and trade names and logos appearing on the Service are the proprietary intellectual property of the owners of such marks or names and you may not use, modify, remove or otherwise infringe any of such proprietary intellectual property.
• By agreeing to use the Service you agree to receive newsletters, alerts, promotional and other emails from ShoppingResult. You may unsubscribe from these mailing lists as required by law via the Service.

Privacy and Security

• We are committed to protecting your privacy and security. All personal data that we collect from you will be processed in accordance with our Privacy Policy. You should review our Privacy Policy, which is incorporated into these Terms of Use by this reference, and you confirm that when using the Service, you consent to your personal data being used and processed in accordance with our Privacy Policy.

Disclaimers of Warranty

• SHOPPINGRESULT DOES NOT WARRANT THAT THE FUNCTIONAL ASPECTS OF THE SERVICE WILL BE ERROR FREE, OR THAT THE SERVICE WILL BE CONSTANTLY AVAILABLE, OR AVAILABLE AT ALL, OR THAT TRANSMISSION OF DATA TO / FROM THE SERVICE WILL OCCUR AT ANY MINIMUM SPEED OR THAT THE SERVICE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SHOPPINGRESULT DOES NOT WARRANT OR REPRESENT THAT ANY CONTENT ASSOCIATED WITH OR USED IN CONNECTION WITH THE SERVICE IS FACTUAL OR ERROR-FREE OR THAT THE USE OF SUCH MATERIAL WILL NOT INFRINGE RIGHTS OF THIRD PARTIES. SHOPPINGRESULT RESERVES THE RIGHT TO CORRECT ANY ERRORS ON IN THE SERVICE.
  
• WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE AND AGREE THAT EVERYTHING ASSOCIATED WITH THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SHOPPINGRESULT MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE MATERIAL CONTAINED ON THE SERVICE OR RESULTS TO BE OBTAINED FROM USING THE SERVICE. EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH HEREIN, SHOPPINGRESULT DOES NOT MAKE ANY REPRESENTATION ABOUT THE QUALITY OF ANY PRODUCT, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH USE OF THE SERVICE.
  

Limitation of Liability

• YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE AND OUR AFFILIATES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS EITHER DUE TO USAGE OF DYNAMIC PRICING OR OTHER PRICE ADVISES, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, OR RESULTING FROM, (A) THE USE OR THE INABILITY TO USE THE SERVICE; (B) THE USE OF ANY MATERIALS, USER CONTENT OR OTHER MATERIAL ON THE SERVICE OR ANY WEBSITE OR WEBSITES LINKED TO THE SERVICE, (C) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (E) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (F) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU IN THE LAST TERM, IF ANY, FOR ACCESSING THE SERVICE, AND IN NO EVENT EXCEED ONE THOUSAND EURO (€1000.00). IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE, OR WITH ANY OF THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS THE DISCONTINUATION OF YOUR USE OF THE SERVICE. IF ANY PORTION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
  

Indemnification

• You hereby indemnify ShoppingResult and undertake to keep ShoppingResult indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by ShoppingResult to a third party in settlement of a claim or dispute on the advice of ShoppingResult legal advisors) incurred or suffered by ShoppingResult arising out of any breach by you of any provision of these Terms of Use, or arising out of any claim that you have breached any provision of these Terms of Use.
  

Termination

• ShoppingResult may at any time and without notice terminate your Account in its sole discretion, including, without limitation, for breach by you of any of your representations, warranties or obligations under these Terms of Use. ShoppingResult may also suspend or terminate your access to the Service if you have a free Account and have not accessed it for ninety (90) or more consecutive days, in which case ShoppingResult will provide notice of any such suspension or termination at least seven (7) working days prior to the Account being terminated.
  
• You may terminate your access to the Service at any time, with or without cause. Information and direction on how to terminate your access to the Service will be provided on request by ShoppingResult. Upon any termination of your access to the Service:
  (i) your Account may be canceled and closed or suspended and your user identification code and password shall be deactivated;
  (ii) all User Content uploaded by you shall be removed from the Service;
  
• Cancelation of your Account shall not relieve you of any payment obligations that may have arisen prior to such termination, or any other obligations pursuant to any other agreement that has not been specifically terminated.
  

Miscellaneous

• All terms and conditions of these Terms of Use which are destined (whether expressed or not) to survive the duration or termination of the agreement between Parties shall so survive.
  
• These Terms of Use constitute the final and complete expression of the Parties’ agreement and understanding with respect to the subject matter herein and supersede all other prior agreements.
  
• Your use of the Service does not give you any authority to act as an agent, legal representative or employee of ShoppingResult or of any third party with whom ShoppingResult has a relationship, and you agree not to represent that you are otherwise.
  
• ShoppingResult may transfer, sub-contract or otherwise deal with ShoppingResult’s rights and/or obligations under these Terms of Use without notifying you or obtaining your consent. You may not transfer, sub- contract or otherwise deal with your rights and/or obligations under these Terms of Use.
  
• Should any of the provisions of these Terms of Use be determined to be null and void, invalid and/or otherwise unenforceable, this shall in no way affect the legality, validity and/or enforceability of the other provisions of these Terms of Use. Moreover, upon such determination of one or more provisions of these Terms of Use being, in whole or in part, void, invalid or unenforceable, the Parties shall negotiate in good faith in order to replace the provision in question with a valid and enforceable provision which in its economic effect complies most with the void, invalid or unenforceable provision.
  
• These Terms of Use and any renewal and/or modification thereof shall be governed by and construed in accordance with the laws of the Netherlands. Any dispute or difference arising out of or in connection with these Terms of Use shall be the exclusive jurisdiction of the Dutch courts.