Terms of Service

1.1 These Terms of Service (hereinafter "Terms") govern the contractual relationship between you (hereinafter "User" or "you") and Data Illusion Studios, Konfuziusweg 12, 59494 Soest, Germany (hereinafter "Provider", "we", or "us") for the use of the online service Undercut Price Monitor (hereinafter "Service").

1.2 By registering a user account or using the Service, you agree to these Terms. If you do not agree to these Terms, you may not use the Service.

1.3 Deviating, conflicting, or supplementary terms and conditions of the User shall only become part of the contract if and to the extent that the Provider has expressly agreed to their validity in writing.

1.4 The Service is directed exclusively at entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB) and consumers within the meaning of Section 13 BGB who are at least 18 years of age.

2.1 Undercut Price Monitor is a web-based service for the automated monitoring of prices on publicly accessible third-party websites (hereinafter "Competitor Sites"). The Service allows users to store products and associated competitor URLs and receive automatic notifications about price changes.

2.2 The Service includes in particular the following features: (a) automatic detection and recording of prices on Competitor Sites, (b) storage of historical price data, (c) email notifications upon price changes, (d) a dashboard for overview and analysis of price data, (e) CSV import of product data.

2.3 Price data is collected through automated queries of publicly accessible websites. The Provider does not guarantee the accuracy, completeness, or timeliness of the collected price data. The data is for informational purposes only and does not constitute business, legal, or financial advice.

2.4 The Provider reserves the right to expand, modify, or limit the scope of the Service at any time, provided this is reasonable for the User.

2.5 The Service is currently in a free testing phase. The Provider reserves the right to introduce paid plans in the future. Existing users will be notified at least 7 days in advance in such a case.

2.6 The Service automatically sends anonymous error reports to the development team when technical problems occur. These reports contain no personal data (such as email address, name, or IP address) and are used solely for debugging and improving the Service. For further details, see section 3.5 of our Privacy Policy.

2.7 The Service collects usage activities of authenticated users (e.g., price checks performed, file imports and exports, product creation) and anonymous page views for analysis and improvement of the Service. No tracking cookies are used. For further details, see sections 3.6 and 3.7 of our Privacy Policy.

3.1 The use of the Service requires the creation of a user account. You must provide truthful and complete information during registration.

3.2 Each User may only create one user account. Sharing access credentials with third parties is not permitted.

3.3 The User is responsible for keeping their access credentials confidential and is liable for all activities carried out through their account.

3.4 The User is obligated to inform the Provider immediately if they become aware that their account is being misused by third parties.

3.5 The Provider reserves the right to reject or suspend user accounts without stating reasons.

4.1 The Provider grants the User a simple, non-transferable, non-sublicensable right to use the Service for the duration of the contractual relationship within the framework of these Terms.

4.2 The User agrees in particular to: (a) use the Service only for lawful purposes, (b) not enter content that violates applicable law, (c) not take any measures that could impair the functionality of the Service, (d) not carry out automated access to the Service (except through the provided interfaces), (e) comply with the applicable usage limits of their plan.

4.3 The User is solely responsible for ensuring that monitoring the Competitor Sites they specify is legally permissible. The Provider assumes no liability for any legal violations by the User.

4.4 The User is prohibited from copying, decompiling, reverse engineering, modifying, creating derivative works from, or making the Service or parts thereof available to third parties.

5.1 The Service offers a permanently free Free plan and an optional paid Beta plan. The Free plan remains free — there is no automatic conversion to a paid plan.

5.2 The paid Beta plan is offered as a monthly subscription. Current prices are transparently displayed on the website and in the account settings. All prices include statutory value-added tax unless otherwise stated.

5.3 Payment is processed through the payment service provider Stripe Inc. The terms and conditions of Stripe (https://stripe.com/legal) apply additionally. The Provider does not store credit card or bank details — these are processed exclusively by Stripe.

5.4 The Beta plan begins with a free trial period. No fees are charged during the trial period. After the trial expires, the subscription automatically renews at the regular price unless cancelled before the trial period ends.

5.5 The subscription can be cancelled at any time via the account settings or the Stripe customer portal. Cancellation takes effect at the end of the current billing period — the User retains full access to all paid plan features until then. Immediate cancellation with a refund is not provided unless the Provider grants a refund on a case-by-case basis.

5.6 Refunds are granted on a case-by-case basis at the Provider's discretion. Upon a refund, access to the paid plan is terminated immediately and the account is downgraded to the Free plan. Excess products and competitors are deactivated (not deleted), and historical price data beyond the Free plan retention period is deleted.

5.7 Upon deletion of the user account, an active subscription is automatically cancelled with Stripe. A pro-rata refund of already paid amounts is not granted automatically but may be requested via the contact form.

5.8 Existing free users will be notified at least 7 days in advance when new plans are introduced. The Free plan remains unchanged — an upgrade is always voluntary. User data is preserved in any case.

6.1 The Provider endeavors to provide the Service without interruption. There is no claim to a specific availability level.

6.2 The Provider is entitled to temporarily restrict or interrupt the Service if this is necessary for technical reasons (e.g., maintenance, updates, security measures). Planned maintenance windows will be announced in advance where possible.

6.3 The Provider is not liable for interruptions or disruptions caused by force majeure, disruptions at third-party providers (e.g., hosting providers, payment service providers), or circumstances beyond its control.

7.1 All rights to the Service, including software, design, texts, graphics, and other content, belong to the Provider or its licensors. The User does not acquire ownership or other rights to the Service or its components through the use of the Service.

7.2 Data entered by the User into the Service (products, URLs, settings) remains the property of the User. The Provider receives a simple right of use to this data insofar as this is necessary for the provision of the Service.

8.1 The Provider is liable without limitation for damages arising from injury to life, body, or health that are based on an intentional or negligent breach of duty by the Provider or its legal representatives or vicarious agents.

8.2 The Provider is liable without limitation for damages based on intentional or grossly negligent breaches of duty by the Provider or its legal representatives or vicarious agents.

8.3 In the event of a slightly negligent breach of essential contractual obligations (cardinal obligations), the Provider is only liable for the foreseeable, typically occurring damage at the time of conclusion of the contract. Essential contractual obligations are those whose fulfillment enables the proper execution of the contract in the first place and on whose compliance the User may regularly rely.

8.4 In all other respects, the Provider's liability is excluded, in particular for: (a) damages caused by inaccurate or incomplete price data, (b) damages resulting from business decisions made based on data provided by the Service, (c) lost profits or other financial losses, (d) damages caused by interruptions of the Service.

8.5 The above limitations of liability also apply in favor of the legal representatives and vicarious agents of the Provider.

8.6 Liability under the German Product Liability Act (Produkthaftungsgesetz) remains unaffected.

9.1 The contract for the use of the Service is concluded for an indefinite period.

9.2 The User may delete their account at any time without stating reasons and without observing a notice period via the account settings. The contract ends upon deletion of the account. An active paid subscription is automatically cancelled upon account deletion (see Section 5.7).

9.2a For paid subscriptions, the User may cancel the subscription at any time without deleting the account. The cancellation takes effect at the end of the current billing period. Full access to paid plan features is retained until then. Afterwards, the account is automatically downgraded to the Free plan (see Section 5.5).

9.3 The Provider may terminate the contract with 14 days' notice. The right to extraordinary termination for good cause remains unaffected.

9.4 An important reason for immediate termination exists in particular if: (a) the User violates essential provisions of these Terms, (b) the User uses the Service for unlawful purposes, (c) the User impairs the functionality of the Service.

9.5 Upon termination of the contract, the User may export their data within 30 days after the end of the contract. After this period, the data will be irrevocably deleted.

11.1 The Provider reserves the right to amend these Terms at any time with effect for the future. The User will be informed of changes at least 14 days before they take effect by email.

11.2 If the User does not object to the changes within 14 days of receiving the notification, the amended Terms are deemed accepted. The User will be specifically informed of this legal consequence in the notification.

11.3 In the event of an objection, both parties have a special right of termination.

13.1 The European Commission provides a platform for online dispute resolution (ODR platform) at https://ec.europa.eu/consumers/odr.

13.2 The Provider is neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board within the meaning of the German Consumer Dispute Resolution Act (VSBG).

14.1 The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

14.2 If the User is a merchant, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is the Provider's registered office. For consumers, the statutory provisions on jurisdiction apply.

14.3 Should individual provisions of these Terms be or become invalid or unenforceable, this shall not affect the validity of the remaining provisions. In place of the invalid or unenforceable provision, a valid and enforceable provision shall apply that most closely approximates the economic objective pursued by the contracting parties with the invalid or unenforceable provision (severability clause).

14.4 The Provider is entitled to transfer its rights and obligations under this contract in whole or in part to third parties. The User will be informed and will have a special right of termination in this case.