Terms of Service

These terms form an agreement between you and the New Zealand company that operates PriceSway at pricesway.com (“PriceSway”, “we”, “us”). You agree to them when you create an account, sign in, or use any part of the service.

If you are agreeing on behalf of a business, you confirm that you may bind that business, and “you” means both you and it. You must be at least 18 years old. If you do not agree, do not use PriceSway.

Our Privacy Policy explains what we do with personal information and forms part of this agreement.

PriceSway is a competitor price monitoring service for online retailers, with pricing suggestions on top of it. In outline:

• You import your own catalogue — by entering your store URL (we read the public product data your storefront already publishes), by connecting Shopify, or by uploading a CSV.
• We suggest competitors — we look for stores selling comparable products using product search data we buy from a third-party search-data provider, and present them to you. You decide which ones are actually competitors worth tracking.
• We monitor what you pick — a scheduled job runs every six hours. Competitors whose own product page we read directly can be re-checked on each run. Competitors we follow through that search data are re-checked at most about once a day, because each of those checks costs us money. So in practice most tracked competitors refresh roughly daily. We then email you a digest of what moved (daily on paid plans, weekly on the Free plan).
• Paid plans add pricing recommendations — built from your own catalogue and sales data together with the competitor prices we have observed.
• Accepting a recommendation can change the price on your store. If you have connected Shopify, accepting a recommendation writes the new price to that product on your storefront, for any product we can match to a variant in that store. This is off by default: we never write to your storefront unless you turn it on yourself in Settings, under Shopify Integration, with the “Auto-push accepted prices to Shopify” toggle, and you can turn it off again at any time. With it off, accepting a recommendation only records the new price in PriceSway and you change your storefront yourself. We write a price only when you accept a recommendation, never on our own initiative, and if the write fails we record the error and your storefront price is left exactly as it was.

Recommendations are the output of an algorithm. They are suggestions, not advice: nothing we produce is financial, accounting, legal or competition-law advice, and nothing is a forecast or a promise of revenue, margin, traffic or any other result. Every price you charge remains your own decision, made independently.

We improve PriceSway continuously and may add, change or retire features. If we remove something you rely on from a paid plan, we will tell you beforehand.

• Give us accurate account and business details, and keep them current.
• Keep your password and any connected sign-in secure. Everything done through your account is treated as done by you. Tell us promptly at support@pricesway.com if you think someone else has access.
• One account per person, and one organisation per account. Do not share a login; PriceSway is not a multi-user product yet.
• You must be at least 18 years old and using PriceSway for a business.
• Confirmed email address. Before you have a paid plan, you must confirm your email address before you can import a store by its URL or run competitor discovery. If you sign in with Google, your address arrives already confirmed and there is nothing more to do. Digests and price alerts go only to confirmed addresses, so an unconfirmed account will not receive them. We do still send you the confirmation link itself, and a reply if you write to us through the contact form.

When you import a store by URL, connect a store, or upload a catalogue, you confirm that the store is yours, or that its owner has authorised you to use its product and pricing data in PriceSway. The same confirmation appears under the import box in the app, and importing is how you give it.

We may ask you to demonstrate that confirmation. Where the store runs on Shopify, the simplest way is to connect it through Shopify. We may pause, refuse or remove an import that we reasonably believe breaches this section, including after a complaint from the store's operator.

Monitoring collects only information that the monitored store publishes to every visitor: product names, prices, availability and page addresses. We read those pages much as an ordinary visitor's browser does, at low frequency and in a way meant not to burden the store. We do not sign in, do not go behind paywalls or account areas, and do not gather personal information about a store's customers or staff.

You choose which stores to monitor, and you can stop monitoring any of them at any time. You are responsible for making sure that monitoring those stores, and the way you use what we report, is lawful where you and they operate — including any terms that apply to you as a user of another store's website. Section 17 sets out the indemnity that goes with that responsibility.

We may decline to monitor, or stop monitoring, a particular store or domain at our discretion — for instance where the operator objects under section 7, or where monitoring would be disproportionate.

Competitor prices are observations made at a point in time, and we show you when each one was observed. They can be regional, they can reflect a promotion, a bundle or a logged-in price, and they can already be out of date by the time you read them. Matching a competitor product to yours is automated and sometimes gets it wrong.

Monitoring is provided on a best-effort basis: stores change their pages, block automated readers, or go down, and gaps happen. Where a decision matters, check the competitor's own page before you rely on what we show.

If you run an online store and you do not want PriceSway to read it, email privacy@pricesway.com from an address at that domain, or otherwise show that you speak for the store. We will stop monitoring it, remove the observations we hold about it, and write back to confirm. You do not need an account with us to ask.

To be straight with you about how this works: we handle these requests by hand. We do not keep an automated block list, so a customer could later add the same store again without us noticing. If that happens, tell us and we will remove it again. We are not promising a permanent technical block, only that we will act on your request each time and will not argue about it.

No price-fixing or collusion. PriceSway is a one-way observation tool, for setting your own prices independently. Competition law in New Zealand (the Commerce Act 1986), in Australia and in most other countries prohibits agreements or understandings between competitors about price, discounts, output or how a market is divided up. You must not use PriceSway, its data or its recommendations to coordinate prices with a competitor, to signal your pricing intentions to one, to police a cartel or resale-price arrangement, or to give a competitor access to your account for any of those purposes. Doing so is a serious breach of this agreement and we may terminate immediately.

You also agree not to:

• Use PriceSway for any unlawful purpose, or in breach of any law that applies to you
• Import or attest to a store you neither own nor have authorisation for, or monitor a store in order to harass, disrupt or overload it
• Resell, redistribute or publish competitor data obtained through PriceSway as a data product, or use it to build a competing monitoring service
• Try to reach other customers' data, accounts or stores
• Reverse-engineer, decompile or probe our matching, ranking or recommendation logic, except to the extent the law says you may
• Scrape, crawl or bulk-extract PriceSway itself, or work around plan limits, rate limits or paid-usage caps, whether by scripting the app, opening extra accounts or otherwise
• Upload malicious code, or attempt to interfere with the security or integrity of our systems

• Free plan. The Free plan is genuinely free and is not a trial. As at the date of these terms it covers up to 25 products, 3 tracked competitors, and competitor discovery across up to 3 of your products, with a weekly email digest. It does not include pricing recommendations. The current plan comparison is on our pricing section, but the figures in this paragraph are the ones that apply to the Free plan under this agreement. It is free for as long as we offer it; we may change or withdraw it, and we will give notice before we do.
• Paid plans. Starter, Pro and Enterprise are billed in advance through Stripe, our payment processor, on the cycle shown at checkout. New paid subscriptions include a 14-day trial; unless you cancel before it ends, your payment method is charged for the first period automatically.
• Taxes. Fees are in US dollars and exclude GST or any equivalent tax. Where the law requires us to charge GST or a similar tax, we will add it and show it on your invoice.
• Usage caps. Every plan has a daily cap on the third-party searches and refreshes we pay for on your behalf, and we also apply an overall daily spending cap across all customers together, which on a very busy day can defer your checks even while you are inside your own cap. If you reach either cap, checks resume the following day rather than being billed as overage.
• Cancelling. You may cancel at any time from your settings. Cancellation takes effect at the end of the period you have paid for; we do not refund part-periods except where the law requires it. After that, your account moves to the Free plan or closes, as you choose.
• Price changes. We may change plan prices on 30 days' notice by email. Changes apply from your next renewal, and you can cancel before then if you do not want them.
• Failed payments. If a payment fails we may retry it and, after reasonable notice, suspend paid features until it clears.

Your catalogue, your sales and order data, and your account content stay yours. We claim no ownership in them.

You grant us a non-exclusive licence to host, copy, process and display that data only so far as we need to in order to run PriceSway for you, keep it secure, and support you when you ask. We may also produce aggregated and de-identified statistics that cannot reasonably identify you, your store or your customers, and use those to improve the service. We do not sell your data, and we do not disclose your catalogue, prices or sales data to another customer.

You also authorise us to write prices to a store you have connected, using the access that store granted us, when you accept a recommendation and the auto-push setting is on. That setting is off unless you turn it on in Settings under Shopify Integration, and you can turn it off again at any time. Every write happens on your instruction, at the moment you accept. The price that results is your price, set by you: you remain responsible for it and for anything that follows from it, including any pricing or advertising rules that apply to your store. If a write fails, we record the failure and the price on your storefront is left unchanged.

Export and deletion, retention periods and the rest of the detail are in the Privacy Policy.

PriceSway — the software, the product-matching and ranking logic, the recommendation models, the interface, the documentation and the brand — belongs to us and our licensors. While your account is in good standing you have a non-exclusive, non-transferable right to use it for your own business under these terms. Nothing else is granted.

If you send us feedback or a feature idea, we may use it without obligation to you. You keep any rights you already had in it.

PriceSway depends on services we do not control, including Google Cloud (hosting and database), Shopify (store connection and sync), Stripe (payments), a search-data provider (competitor search data), SendGrid (email) and Google sign-in. Where you contract with one of them directly — Shopify and Stripe in particular — their terms apply between you and them, and you are responsible for keeping to them.

An outage, rate limit, policy change or data gap at one of these providers is not a breach of this agreement by us, although we will make reasonable efforts to work around it or to restore the service.

You may close your account at any time. We may suspend or terminate an account, or individual imports or monitors, if you breach these terms, if payment fails and stays unresolved, if we must do so by law, if your use threatens the security or stability of the service, or where we receive repeated substantiated complaints from store operators about imports you have attested to or stores you monitor.

Except where the breach is serious or the law prevents it, we will give you notice and a reasonable chance to put things right first. When an account ends, access to the service stops; data handling from that point follows the Privacy Policy. Sections that by their nature should survive termination — including sections 8, 10, 11, 14 to 17 and 19 — do survive it.

We work to keep PriceSway available and accurate, and we do maintenance with notice where we can. We do not promise that it will be uninterrupted or error-free, that monitoring will capture every price change, that discovery will find every competitor, or that any recommendation will improve your results.

Subject to section 15, PriceSway is provided as-is and as-available, and we exclude all warranties that are not expressly set out in these terms, to the extent the law allows.

PriceSway is a business tool, supplied for business purposes, and we expect you to be acquiring it for your business.

If you are acquiring PriceSway in trade (that is, for a business), you and we agree, to the extent it is fair and reasonable to do so, that:

• the Consumer Guarantees Act 1993 (New Zealand's statutory guarantees for consumers) does not apply to what we supply under these terms, as section 43(2) of that Act allows; and
• sections 9, 12A and 13 of the Fair Trading Act 1986 (which deal with misleading conduct and with false or unsubstantiated claims) do not apply, as section 5D of that Act allows.

Nothing in these terms excludes, restricts or modifies any guarantee, right or remedy that the law says cannot be excluded by agreement. In particular, if you are in Australia, you keep any guarantees under the Australian Consumer Law that cannot be excluded, and if you are elsewhere, such as the UK or the EU, you keep any mandatory consumer or contractual rights that the law of your own country gives you.

If a guarantee that cannot be excluded applies, and our liability for failing to meet it can lawfully be limited, our liability is limited, at our option, to supplying the service again or paying the cost of having it supplied again.

Subject to section 15, neither party is liable for indirect or consequential loss, or for loss of profit, revenue, margin, goodwill, anticipated savings or data, however it arises.

Subject to section 15, our total liability for all claims connected with PriceSway in any 12-month period is limited to the fees you paid us in the 12 months before the claim arose, or US$100 if you paid us nothing in that period.

We are not liable for the prices you decide to charge, for decisions you make on the strength of a recommendation or an observed competitor price, or for the consequences of stores you chose to import or monitor.

You indemnify us against claims, losses, penalties and reasonable costs arising from: a store you imported or attested to under section 4; stores you chose to monitor and the way you used the information we reported; your breach of these terms or of any law (including competition law); and your pricing decisions. We will tell you promptly about any such claim and will not settle it without your agreement, which you will not withhold unreasonably.

We may update these terms as the product and the law change. For material changes we will give at least 14 days' notice by email or in-app before they take effect. Continuing to use PriceSway after that means you accept the new terms; if you do not, cancel before they take effect.

These terms are governed by the laws of New Zealand. You and we submit to the non-exclusive jurisdiction of the courts of New Zealand. Before starting proceedings, please contact us so we can try to resolve the matter in good faith.

These terms, the Privacy Policy and the plan details in our pricing section are the whole agreement between us about PriceSway. If a provision is unenforceable, it is read down or severed and the rest continues. A delay in enforcing a right is not a waiver of it. You may not transfer this agreement without our consent; we may transfer it as part of a sale or reorganisation of the business, on notice to you.

PriceSway is operated by a company registered in New Zealand. Contact us by email:

• These terms and anything legal: legal@pricesway.com
• Privacy, or to have your store excluded from monitoring: privacy@pricesway.com
• Help with your account: support@pricesway.com