Terms of Service | GetPrice

1.1 The Service

GetPrice provides a price intelligence platform that collects publicly available product pricing information from South African retail websites and delivers this data to Customers via a web dashboard and automated reports (collectively, the "Service"). The Service does not currently include a customer-facing API; any API offered in future will be governed by these Terms unless separately agreed.

1.2 Nature of Data

The Service aggregates factual product information including product names, prices, images, and product page URLs from publicly accessible web pages. GetPrice does not create, endorse, or verify the accuracy of retailer pricing.

1.3 Service Tiers

Access is provided on a tiered subscription basis. Features, usage limits, and data refresh frequency depend on your subscription tier as described in your Order Form ("Order").

1.4 Availability

GetPrice will use commercially reasonable efforts to maintain Service availability. The Service depends on third-party retail websites, cloud infrastructure, and network connectivity, and we do not guarantee uninterrupted access. See the Master SLA for support and response-time commitments. No availability uptime SLA applies at MVP.

1.5 Modifications

We may modify features of the Service. If a modification materially reduces functionality in your tier, we will provide 30 days' written notice by email to your account contact and by publishing the change on the Service, and you may terminate per clause 7.2 (Termination for Convenience).

2.1 Permitted Use

You may use the Service and data solely for:

1. internal business intelligence and analytics within your own organisation;
2. internal pricing strategy and competitive analysis;
3. internal product catalogue management;
4. any other purpose expressly authorised in your Order; and
5. sharing with (i) any Affiliate of yours, and (ii) professional advisors(such as accountants, auditors, and attorneys) bound by a duty of confidentiality and acting on your behalf, provided that the recipient's use is limited to the purposes in (a) through (d) above and you remain responsible for their compliance with these Terms.

For the purposes of (e)(i), "Affiliate"means an entity controlling, controlled by, or under common control with the Customer, where "control" means ownership of more than fifty percent (50%) of the voting equity, or otherwise being in a position to direct or cause the direction of the management or policies of that entity.

2.2 Prohibited Use

You shall not:

1. resell, redistribute, sublicense, or publicly publish the data to any third party, except as permitted in clause 2.1(e);
2. use data for anti-competitive conduct (Competition Act 89 of 1998);
3. reverse-engineer or decompile any part of the Service;
4. interfere with the integrity or performance of the Service;
5. misrepresent the source or accuracy of data obtained through the Service;
6. use the Service in violation of any applicable law; or
7. knowingly take any action through or in connection with the Service that could expose GetPrice or any retailer to claims under the Cybercrimes Act 19 of 2020 (including any attempt to circumvent technical access controls).

2.3 Enforcement

We may suspend access immediately upon breach of this clause. Where practicable, we will provide notice and opportunity to cure, except where breach poses immediate legal or operational risk. Repeated or material breach is grounds for termination for cause under clause 7.3. Where access has been suspended under this clause, reinstatement requires written confirmation from GetPrice that the breach has been cured to GetPrice's reasonable satisfaction; GetPrice will reinstate access promptly after confirming the cure.

3.1 No Guarantee

Data is collected from third-party retail websites. GetPrice does not control, verify, or guarantee the accuracy, completeness, or timeliness of any data.

3.2 Data Latency

Pricing may change between collection cycles. Data reflects the state at time of collection, not real-time pricing. Collection frequency varies by tier.

3.3 No Reliance

You acknowledge that:

1. data is for informational purposes only;
2. you should independently verify data before making business decisions; and
3. GetPrice is not responsible for decisions made in reliance on the data.

3.4 Retailer Availability

Certain retailers may restrict automated collection at any time. GetPrice does not guarantee continuous data from any specific retailer or URL. Extraction success varies by retailer and page structure.

4.1 Factual Data

Product names, prices, and other factual information from retail websites are not owned by GetPrice.

4.2 GetPrice IP

The Service (software, algorithms, LLM extraction pipeline, data processing methods, dashboard, and documentation) is the proprietary intellectual property of GetPrice, protected by the Copyright Act 98 of 1978.

4.3 Customer Data

You retain all rights in your Customer Data. For the purposes of these Terms, "Customer Data" means information the Customer provides to or generates within the Service, including (without limitation) account-registration information, billing information, configuration settings, custom lists and labels, nominated competitor target URLs, and any content the Customer uploads. Customer Data does not include the factual product data collected by GetPrice from third-party retailer websites.

4.4 Licence

Subject to these Terms, GetPrice grants you a limited, non-exclusive, non-transferable licence to use the Service and data for the permitted purposes in clause 2.1 during your subscription. This licence is revocable only in accordance with clause 7 (Term and Termination). Reports, analyses, and other materials that you create using the data for the permitted purposes are yours.

5.1 Subscription Fees

You agree to pay the fees specified in your Order. Fees are invoiced monthly in advance in South African Rand (ZAR) by EFT.

5.2 Payment Terms

Invoices are due within 14 days of issue. Late payments accrue interest at the rate prescribed under the Prescribed Rate of Interest Act 55 of 1975, as adjusted from time to time. The consequences of non-payment are graduated as follows:

The Day 28 suspension and Day 44 termination dates may be brought forward where the Customer is in repeated default or has communicated that payment will not be made.

5.3 Price Changes

GetPrice may adjust fees upon 60 days' written notice. Adjusted fees apply from the next billing period after the notice period expires. If you do not accept the adjustment, you may terminate per clause 7.2.

5.4 Taxes

All fees are exclusive of VAT and other applicable taxes, which are payable by the Customer where applicable. As at the effective date of these Terms, GetPrice is not VAT-registered (below the SARS R1m compulsory-registration threshold) and fees are therefore not subject to VAT. Should GetPrice become VAT-registered, fees become VAT-inclusive from the registration date and GetPrice will give Customers reasonable advance written notice.

6.1 Limitation of Liability

Subject to clause 6.3, GetPrice's total aggregate liability for all claims arising from these Terms or the Service shall not exceed the lesser of (a) the total fees paid by you during the three (3) months preceding the claim, or (b) R50,000.

6.2 Exclusion of Consequential Damages

GetPrice shall not be liable for indirect, incidental, special, consequential, or punitive damages, loss of profits, loss of data, or cost of substitute services, regardless of theory of liability.

6.3 Consumer Protection

Nothing in these Terms excludes liability that cannot be excluded under the Consumer Protection Act 68 of 2008 to the extent it applies to the relationship.

6.4 Risk Acknowledgement

You acknowledge that (a) the data delivered through the Service is collected from third-party retailer websites, (b) retailer disputes (including cease-and-desist correspondence or restriction of access by a retailer) are possible and may interrupt or terminate the availability of data from one or more retailers without notice, and (c) your reliance on the data is at your own risk.

6.5 Customer Indemnity

You shall defend, indemnify, and hold harmless GetPrice and its directors, employees, and contractors from and against any third-party claim, action, or proceeding, and any resulting loss, damage, cost, or expense (including reasonable legal fees), arising from:

1. your redistribution, republication, or sublicensing of data outside the use permitted in clause 2.1;
2. your use of data outside the licensed purpose in clause 2.1;
3. your breach of these Terms; or
4. any action taken by you that is prohibited by clause 2.2.

GetPrice gives no reciprocal indemnity. The Limitation of Liability in clause 6.1 does not limit your obligations under this clause 6.5.

Defence and settlement.GetPrice will give you prompt written notice of any claim for which indemnity is sought. You shall, at your own cost, defend the claim using counsel of your choice (reasonably acceptable to GetPrice). You may not settle or compromise any claim in a manner that imposes any obligation on GetPrice without GetPrice's prior written consent (not to be unreasonably withheld). GetPrice may participate in the defence at its own cost.

6.6 Force Majeure

GetPrice is not liable for failure or delay caused by events beyond reasonable control, including internet failures, third-party website changes, cyberattacks, retailer blocking, or acts of government.

7.1 Term

Your subscription commences on the date in your Order. The subscription is monthly. There is no auto-renewal. Continued access in each subsequent month requires the Customer to confirm renewal (e.g. by accepting an invoice for the new month). If renewal is not confirmed, the subscription lapses at the end of the then-current billing period.

7.2 Termination for Convenience

Either party may terminate with 30 days' written notice, effective at the end of the current billing period.

7.3 Termination for Cause

Either party may terminate immediately if the other party: (a) materially breaches and fails to cure within 14 days of notice; (b) becomes insolvent or enters business rescue; or (c) ceases business. GetPrice may additionally terminate for cause on Day 44 of an unpaid invoice (clause 5.2) or for material or repeated breach of clause 2 (Acceptable Use).

7.4 Effect of Termination

Upon termination: (a) access ceases on the effective date; (b) a data export will be delivered on written request to support@getprice.ai within 5 business days of the request, in CSV or XLSX format, and will remain available for 30 days from delivery; (c) accrued fees remain payable; (d) clauses 2.2, 3, 4, 5, 6, 8, 9, and 10 survive.

9.1 Governing Law

These Terms are governed by the laws of the Republic of South Africa. Both parties consent to the non-exclusive jurisdiction of the South African courts.

9.2 Dispute Resolution

Disputes shall first be submitted to mediation under the rules of the Arbitration Foundation of Southern Africa (AFSA) in Cape Town. If unresolved within 30 days, disputes are referred to binding AFSA arbitration in Cape Town, conducted in English by a single arbitrator.

9.3 Urgent Relief

Nothing prevents either party from seeking urgent relief from the Western Cape High Court.

10.1 Modifications

We may modify these Terms with at least 30 days' written notice. Written notice is given by email to the registered account contact and by publication of the updated Terms on the Service. Continued use after the effective date constitutes acceptance. If a modification materially reduces your rights, you may terminate per clause 7.2.

10.2 Entire Agreement

These Terms, the Order, the Master SLA (if signed), the Trial Terms (if applicable), and the Privacy Policy constitute the entire agreement between the parties.

10.3 Severability

Invalid provisions do not affect remaining provisions.

10.4 Assignment

You may not assign without GetPrice's consent. GetPrice may assign in connection with a merger or acquisition.

10.5 Notices

All notices may be given by email: to GetPrice at legal@getprice.ai; to Customer at the registered account email. A notice given by email is deemed delivered on successful transmission, or, if transmission fails, on the next business day after the first attempted transmission. A party may update its notice address by written notice to the other.

10.6 Electronic Acceptance

These Terms may be accepted electronically per the Electronic Communications and Transactions Act 25 of 2002.