Terms of Service

1. Definitions

The following capitalized terms have the meanings set forth below when used in these Terms of Service (“Terms”):

“Services”

means the Pricist platform, including the dashboard, SDK (iOS, Android, and Web), REST API, AI Insights Agent, Link Tracking, Remote Configuration, Event Tracking, Funnel Analytics, Ad Attribution, and all related tools, documentation, and support.

“Customer” or “You”

means the individual or legal entity that creates an account and agrees to these Terms.

“Customer Application”

means the mobile application, web application, or other software owned or operated by the Customer into which the Pricist SDK is integrated.

“End User”

means any individual who uses, accesses, or interacts with a Customer Application.

“Customer Data”

means all data that the Customer submits to, transmits through, or collects via the Services, including End User Data.

“End User Data”

means data collected from or about End Users through the SDK or other integrations within a Customer Application.

“SDK”

means the Pricist software development kit provided for integration into Customer Applications on iOS, Android, and Web platforms.

“Attribution Data”

means data used to determine the source, campaign, or channel responsible for an End User's acquisition, engagement, or conversion event.

“Aggregated Data”

means data that has been combined with data from multiple sources such that no individual End User or Customer can be identified.

“Anonymized Data”

means data from which all personally identifiable information has been irreversibly removed such that the data subject cannot be re-identified.

“Personal Data”

means any information relating to an identified or identifiable natural person, as defined by applicable data protection laws including the GDPR, CCPA/CPRA, and equivalent legislation.

“Processing”

means any operation performed on Personal Data, including collection, recording, storage, retrieval, use, disclosure, erasure, or destruction.

“Data Controller”

means the entity that determines the purposes and means of Processing Personal Data. With respect to End User Data, the Customer is the Data Controller.

“Data Processor”

means the entity that Processes Personal Data on behalf of the Data Controller. With respect to End User Data, Pricist is the Data Processor.

“DPA”

means the Data Processing Addendum available at pricist.dev/dpa, which is incorporated into these Terms by reference.

“Compliance Mode”

means the configurable privacy mode within the SDK that restricts data collection for End Users who have not provided consent or who have opted out of tracking.

“Prohibited Data”

means data categories that may not be transmitted through the Services, as defined in Section 7.

“Platform”

means the operating system or environment in which a Customer Application operates, including iOS, Android, and Web.

“First-Party Data”

means data collected directly by the Customer from End Users through the SDK within the Customer Application. The Customer is the first party relative to their End Users.

“Third-Party Data”

means data received from ad networks, attribution partners, app stores, and other external sources via server-to-server integrations configured by the Customer.

2. Acceptance and Eligibility

By accessing or using any part of the Services—including creating an account, integrating the SDK into a Customer Application, accessing the API, or clicking “I agree”—you agree to be bound by these Terms, our Privacy Policy, and our Data Processing Addendum.

You must be at least 18 years of age or the age of majority in your jurisdiction to use the Services. If you are using the Services on behalf of a legal entity, you represent and warrant that you have the authority to bind that entity to these Terms.

If you do not agree to these Terms, you must immediately cease all use of the Services and remove the Pricist SDK from all Customer Applications.

3. Description of Services

Pricist provides a mobile analytics and attribution platform. The Services include:

• Dashboard & Platform: Web-based analytics dashboard for viewing events, funnels, attribution, and insights.
• SDK: Native software development kits for iOS, Android, and Web for event tracking and data collection.
• REST API: Programmatic access to analytics data, configuration, and management functions.
• AI Insights Agent: AI-powered analytics assistant that generates insights, answers questions, and provides recommendations based on Customer Data.
• Link Tracking: Trackable link generation, deep linking, deferred deep linking, and QR code generation.
• Remote Configuration: Server-side feature flags and configuration management for Customer Applications.
• Event Tracking: Collection and analysis of user events including installs, sessions, screen views, purchases, subscriptions, and custom events.
• Funnel Analytics: Conversion funnel analysis and optimization tools.
• Ad Attribution: Deterministic and probabilistic attribution of End User acquisitions to advertising campaigns, channels, and creatives.

The Services may be updated, and features may be added, modified, or removed at Pricist's discretion. Material changes to paid features will be communicated in advance.

Features designated as “Beta” or “Preview” are provided on an as-is basis without warranty or service level commitment and may be discontinued at any time without notice.

4. Account Registration and Security

You must create an account to use the Services. When creating an account, you agree to provide accurate, current, and complete information and to update such information as necessary.

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must immediately notify Pricist at security@pricist.dev of any unauthorized access to or use of your account.

If you create an account on behalf of an organization, you may invite additional team members. You are responsible for the actions of all users under your organization's account.

Pricist reserves the right to verify account information and to suspend or terminate accounts that contain inaccurate or fraudulent information.

5. SDK License Grant

Subject to your compliance with these Terms, Pricist grants you a limited, non-exclusive, non-sublicensable, non-transferable, revocable license to integrate the Pricist SDK into your Customer Applications solely for the purpose of transmitting data to the Pricist Services in connection with your authorized use.

Restrictions

You shall not: (a) modify, adapt, translate, reverse engineer, decompile, or disassemble the SDK; (b) create derivative works based on the SDK; (c) distribute or make the SDK available to any third party separate from a Customer Application; (d) use the SDK in any application that violates these Terms or applicable law; (e) remove or alter any proprietary notices in the SDK.

Open-Source Components

The SDK may include open-source software components, which are governed by their respective open-source licenses. A list of open-source components and their licenses is available in the SDK documentation.

SDK Updates

Customer must implement SDK updates within a reasonable timeframe: ninety (90) days for security patches and one hundred eighty (180) days for major version updates. Pricist may deprecate older SDK versions with six (6) months' notice.

Pricist disclaims all liability for security vulnerabilities, data collection errors, compatibility issues, or any other problems arising from Customer's failure to implement required SDK updates. Customer bears full responsibility for the correct implementation and configuration of the SDK within their Customer Applications.

6. Customer Obligations Regarding Data Collection

Customer bears sole and exclusive responsibility for the lawful collection and processing of End User Data through the Pricist SDK. Pricist provides the tools for compliance; Customer is solely responsible for when and how they are used.

Specifically, Customer shall:

• Maintain a publicly accessible privacy policy that accurately discloses the use of the Pricist SDK, the types of data collected, the purposes of collection, and any third-party data sharing.
• Obtain all legally required consents from End Users prior to enabling data collection through the SDK, including but not limited to consent under GDPR Article 6 and Article 7, Apple's App Tracking Transparency (ATT) framework, and CCPA/CPRA opt-out requirements.
• Correctly implement Compliance Mode or equivalent privacy controls within the SDK for End Users who have not provided consent or who have opted out of tracking.
• Configure SDK privacy toggles in accordance with applicable law for each jurisdiction in which the Customer Application operates.
• Provide End Users with functional opt-out mechanisms as required by applicable law.
• Ensure that all processing instructions provided to Pricist comply with applicable law.
• Not instruct Pricist to process data in a manner that would violate any applicable data protection law or regulation.

Pricist provides Compliance Mode, ATT integration helpers, consent hooks, data deletion APIs, and other privacy controls. However, Pricist has no obligation to independently verify Customer's compliance with applicable law, audit Customer's consent flows, or monitor Customer's implementation of privacy controls.

Failure to comply with these obligations may result in immediate suspension of the Services and does not relieve Customer of any liability arising from non-compliant data collection.

7. Prohibited Data and Uses

Prohibited Data Categories

Unless explicitly enabled through a designated SDK feature and supported by documented End User consent, Customer shall not transmit the following categories of data through the Services:

• Full names, email addresses, phone numbers, or physical addresses
• Financial account numbers, credit card details, or banking information
• Government-issued identification numbers (SSN, passport, driver's license)
• Health, medical, or biometric data
• Genetic data
• Precise geolocation data (unless expressly enabled by End User consent and configured in the SDK)
• Data revealing racial or ethnic origin, political opinions, religious beliefs, trade union membership, or sexual orientation
• Any data classified as “Special Categories” under GDPR Article 9

Prohibited Uses

Customer shall not use the Services to:

• Conduct surveillance or track specific individuals
• Discriminate against individuals in housing, employment, credit, insurance, or public accommodations
• Build user profiles for purposes unrelated to the Customer Application
• Sell End User Data to third parties
• Target specific individuals using attribution data
• Develop a product or service that competes with the Services
• Circumvent privacy controls, opt-out mechanisms, or platform-level restrictions such as Apple's ATT framework
• Any purpose that violates applicable law

Children's Data

Customer must not collect data from children under the age of 13 (or the applicable age in the relevant jurisdiction) without obtaining COPPA-compliant parental consent and enabling the SDK's child-directed mode. In child-directed mode, the SDK disables persistent identifiers, does not collect advertising IDs, limits data collection to contextual and aggregated metrics, and does not enable interest-based advertising postbacks.

Customer assumes all liability for Prohibited Data transmitted through the Services in violation of this section. Pricist may immediately suspend the Services and delete any Prohibited Data upon discovery, without notice and without liability to Customer.

8. Data Ownership and Rights

Customer Data

Customer retains all rights, title, and interest in and to Customer Data. Pricist acquires no ownership rights in Customer Data.

End User Data

Customer is the Data Controller for End User Data. Pricist processes End User Data solely as a Data Processor on Customer's behalf and in accordance with Customer's instructions as documented in the DPA.

First-Party and Third-Party Data

First-Party Data collected directly by the SDK from the Customer Application belongs to the Customer. Third-Party Data received from ad networks and attribution partners is provided to the Customer through Pricist as a conduit, subject to those third parties' respective terms and data policies.

Aggregated and Anonymized Data

Pricist may create Aggregated Data and Anonymized Data derived from Customer Data, provided that no individual End User or Customer can be identified from such data. Pricist may use Aggregated Data and Anonymized Data for improving the Services, benchmarking, research, and industry reporting. Such data is not considered Customer Data.

AI Training

Customer Data may be used in anonymized and aggregated form to improve the AI Insights Agent models. Customers may opt out of this usage through their dashboard settings.

Pricist does not sell Customer Data or End User Data to any third party.

9. Data Processing and the DPA

The Data Processing Addendum (DPA) is incorporated into these Terms by reference and governs all Processing of Personal Data by Pricist on behalf of the Customer.

Under the DPA, Pricist acts as the Data Processor and the Customer acts as the Data Controller. The DPA sets forth the parties' obligations regarding processing instructions, security measures, sub-processor management, data breach notification, data subject rights assistance, and data deletion or return upon termination.

In the event of a conflict between these Terms and the DPA with respect to the Processing of Personal Data, the DPA shall prevail.

10. Data Storage, Retention, and Deletion

Storage Locations

Customer Data is stored in the United States by default. Customers on Scale plans may select data residency in additional regions (e.g., European Union) where available.

Default Retention Periods

• Event data: thirteen (13) months
• Attribution data: twenty-four (24) months
• Link tracking data: twenty-four (24) months
• AI Agent query logs: ninety (90) days
• Account data: duration of account plus ninety (90) days after termination

Customers may configure shorter retention periods for End User Data through the dashboard settings.

Post-Termination

Upon termination, Customer Data will be available for export for thirty (30) days. After the export window, Customer Data will be deleted within ninety (90) days. Backup copies will be purged within one hundred eighty (180) days.

Exceptions: data required to be retained by applicable law, and Aggregated or Anonymized Data (which may be retained indefinitely).

11. SDK Data Collection Specifics

Auto-Collected by Default

When integrated, the SDK automatically collects the following data:

• App install event and session data (start/end)
• Screen views
• Device model and manufacturer
• Operating system name and version
• App version and SDK version
• Language, locale, and timezone
• Network type (Wi-Fi or cellular)
• IDFV (iOS) or Android ID
• Carrier name

Collected Only When Configured by Customer

• IDFA (iOS, requires ATT consent)
• Google Advertising ID (GAID)
• Custom event data and properties
• In-app purchase events (amount, product, currency)
• Subscription events (trial start, conversion, renewal, cancellation)
• Precise geolocation (requires End User permission)
• Deep link referral data

Never Collected by the SDK

• Contacts, photos, or messages
• Browsing history outside the Customer Application
• Health, medical, or biometric data
• Financial account details
• Microphone or camera data
• Contents of communications
• Keystroke data

Compliance Mode

When Compliance Mode is enabled, the SDK: (a) does not collect device identifiers (IDFA, GAID, IDFV, Android ID); (b) does not set or read cookies; (c) transmits only aggregated session data; (d) does not transmit IP addresses to Pricist servers for storage.

Pricist provides multiple privacy modes and configuration options within the SDK. Customer is solely responsible for selecting and implementing the appropriate mode for each jurisdiction in which the Customer Application operates and for each End User's consent status. Pricist bears no liability for Customer's failure to enable the correct privacy controls.

12. Attribution-Specific Terms

Attribution Methodology

Pricist uses deterministic matching (device IDs, click IDs) and probabilistic matching (fingerprinting) methods to attribute End User acquisitions to advertising campaigns. Probabilistic matching accuracy may vary based on factors including device type, platform restrictions, and network conditions.

Attribution Report Disclaimers

ATTRIBUTION REPORTS ARE PROVIDED “AS-IS” WITHOUT WARRANTY OF ANY KIND, INCLUDING WARRANTIES OF ACCURACY, COMPLETENESS, OR FITNESS FOR A PARTICULAR PURPOSE. Factors outside Pricist's control—including ad network delays, VPN usage, platform privacy restrictions, user behavior patterns, and device configurations—may affect attribution accuracy. Customer acknowledges and accepts these limitations.

Attribution Windows

Default attribution windows (e.g., seven-day click-through, one-day view-through) are configurable by the Customer. Customer is responsible for setting appropriate attribution windows for their use case and ensuring they comply with ad network requirements.

Fraud Detection

Pricist provides fraud detection as a best-effort service. Not all fraudulent activity can be detected, and fraud detection may produce false positives or false negatives. Pricist is not liable for undetected fraud, fraudulent charges incurred by Customer, or legitimate traffic incorrectly flagged as fraudulent.

Ad Network Integrations

Pricist integrates with third-party ad networks. These integrations are subject to each ad network's terms and data policies, which may change without notice to Pricist. Pricist is not liable for changes in ad network APIs, policies, data discrepancies between Pricist and ad network reporting, or any loss arising from ad network actions.

Postbacks and Callbacks

Data sent to ad networks via server-to-server postbacks is transmitted per Customer's configuration. Customer is solely responsible for ensuring that postback configurations comply with applicable data protection law and the receiving ad network's terms of service.

13. AI Agent Terms

The AI Insights Agent generates analytics insights, answers questions, and provides recommendations based on Customer Data using machine learning models.

AI-generated outputs may contain errors, inaccuracies, or hallucinations. The AI Agent is not a substitute for independent verification or professional advice. Customer assumes all risk for business decisions made based on AI-generated outputs. Pricist expressly disclaims all liability for losses, damages, or regulatory consequences arising from reliance on AI-generated insights.

Customer Data processed by the AI Agent is subject to the same data protection obligations as all other Customer Data under these Terms and the DPA. AI Agent queries and responses are logged for ninety (90) days for quality improvement purposes. Customers may opt out of query logging through their dashboard settings.

Pricist does not guarantee the accuracy, completeness, reliability, or fitness for a particular purpose of any AI-generated output.

14. Remote Config Terms

Remote Configuration allows Customer to modify application behavior, feature flags, and settings without deploying updates to the Customer Application.

Customer is solely responsible for all configuration changes and their effects on End Users. Pricist is not liable for application errors, crashes, data loss, or End User harm resulting from Customer's remote configuration changes.

Configuration changes propagate on a best-effort basis. Pricist does not guarantee specific propagation timing or delivery to all End User devices.

15. Link Tracking Terms

Pricist provides trackable link generation, deep linking, deferred deep linking, and QR code generation.

Data Collected on Click

When an End User clicks a tracking link, Pricist collects: IP address (used for geographic lookup, then hashed or discarded per Customer configuration), user agent string, click timestamp, referrer URL, and link parameters (UTM codes, campaign IDs, custom parameters).

Custom Domains

Customer is responsible for DNS configuration, domain ownership verification, and SSL certificate management for custom tracking domains.

Pricist does not guarantee 100% uptime for link redirection services. Pricist is not liable for lost clicks, failed redirects, or revenue losses due to downtime, DNS resolution failures, or third-party network issues.

16. Payment Terms

Pricist offers the following plan tiers: Free, Growth ($49/month), and Scale (custom pricing). Paid plans are billed monthly or annually in advance. All fees are quoted in United States Dollars (USD).

All fees are non-refundable except as required by applicable law or in cases of material service failure attributable to Pricist. We may change our pricing with thirty (30) days' notice to existing customers.

If you exceed your plan's event limits, events will continue to be tracked but dashboard access may be restricted until you upgrade to an appropriate plan tier.

Customer is responsible for all applicable taxes, duties, and levies. Pricist may suspend access to the Services after fifteen (15) days of non-payment following written notice.

Payment processing is handled by Stripe. By providing payment information, you agree to Stripe's terms and conditions.

17. Free Tier and Beta Services

The Free tier is subject to usage limits (currently 10,000 monthly tracked events). Pricist may modify Free tier limits with thirty (30) days' notice.

Features designated as “Beta” or “Preview” are provided “as-is” without warranty or service level commitment. Beta features may be discontinued at any time without notice and should not be relied upon for critical production functionality.

Pricist reserves the right to modify or discontinue the Free tier with reasonable notice.

18. Intellectual Property

The Services, including all software, SDK, API, documentation, AI models, algorithms, designs, and trade secrets, are owned by Pricist and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws. All rights not expressly granted herein are reserved by Pricist.

Customer retains all rights, title, and interest in and to Customer Applications and Customer Data.

Any feedback, suggestions, enhancement requests, or ideas provided by Customer to Pricist regarding the Services become Pricist's property without obligation of any kind. Pricist may use such feedback for any purpose without restriction or compensation.

Customer is granted a limited right to use the Pricist name and logo solely to indicate that the Customer Application integrates Pricist, subject to Pricist's brand guidelines. No other trademark rights are granted.

19. Acceptable Use Policy

In addition to the restrictions set forth elsewhere in these Terms, you agree not to:

• Use the Services for any unlawful purpose or in violation of any applicable law or regulation
• Attempt to gain unauthorized access to any part of the Services, other accounts, or systems
• Interfere with or disrupt the Services, servers, or networks connected to the Services
• Scrape, crawl, or use automated means to access the Services except through the API
• Perform benchmarking or competitive analysis of the Services without prior written consent
• Conduct load testing or stress testing without prior written approval
• Share account credentials with unauthorized third parties
• Circumvent usage limits, rate limits, or access controls
• Use the Services to develop a product or service that competes with Pricist
• Conduct penetration testing or security testing without prior written approval from Pricist

The Services are subject to API and SDK rate limits. Exceeding rate limits may result in temporary throttling or suspension of access.

20. Confidentiality

“Confidential Information” means any non-public information disclosed by one party to the other, whether in writing, orally, or by inspection, that is designated as confidential or that a reasonable person would understand to be confidential given the nature of the information and circumstances of disclosure.

Confidential Information does not include information that: (a) is or becomes publicly available without breach of these Terms; (b) was known to the receiving party prior to disclosure; (c) is independently developed by the receiving party without use of Confidential Information; or (d) is lawfully received from a third party without restriction.

Each party agrees to: (a) use the other party's Confidential Information solely for the purposes of these Terms; (b) protect Confidential Information using at least the same degree of care used for its own confidential information, but no less than reasonable care; (c) not disclose Confidential Information except to employees, contractors, and advisors who need to know and who are bound by confidentiality obligations at least as protective as these.

Confidentiality obligations survive for three (3) years after disclosure, except for trade secrets, which are protected indefinitely.

21. Representations and Warranties

Pricist Warranties

Pricist represents and warrants that: (a) the Services will perform materially in accordance with the applicable documentation; and (b) Pricist will implement commercially reasonable security measures to protect Customer Data.

Customer Warranties

Customer represents and warrants that: (a) Customer has the lawful authority to enter into these Terms and to bind the legal entity on whose behalf the account is created; (b) Customer will comply with all applicable data protection laws and regulations in connection with its use of the Services; (c) Customer has obtained all required consents from End Users prior to collecting data through the SDK; (d) Customer will not transmit Prohibited Data through the Services; (e) Customer will correctly implement privacy controls and Compliance Mode as required by applicable law; (f) Customer's privacy policy accurately and completely discloses the Customer's use of the Pricist SDK and the data collected through it; and (g) Customer is solely responsible for all End User-facing compliance obligations.

Disclaimer

EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, ALL SERVICES ARE PROVIDED STRICTLY “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, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, RELIABILITY, OR UNINTERRUPTED AVAILABILITY. PRICIST DOES NOT WARRANT THAT THE SERVICES WILL MEET CUSTOMER'S REQUIREMENTS, THAT ATTRIBUTION REPORTS WILL BE ACCURATE OR COMPLETE, THAT AI-GENERATED OUTPUTS WILL BE ERROR-FREE, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR SECURE.

22. Indemnification

Customer Indemnification

Customer shall indemnify, defend, and hold harmless Pricist and its officers, directors, employees, agents, and affiliates from and against all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to:

• (a) Customer's violation of any applicable law, including data protection laws
• (b) Customer's failure to obtain proper consents from End Users
• (c) Customer's failure to implement Compliance Mode or appropriate privacy controls
• (d) Customer's transmission of Prohibited Data through the Services
• (e) Customer's privacy policy being inaccurate, incomplete, or inadequate
• (f) Customer Applications and their content, functionality, or operation
• (g) Any End User or third-party claim related to Customer's data collection, processing, or sharing practices
• (h) Customer's use of or reliance on attribution data, AI-generated outputs, or fraud detection results
• (i) Customer's ad network postback configurations or data sharing with third-party partners

Pricist Indemnification

Pricist shall indemnify, defend, and hold harmless Customer from and against third-party claims arising from: (a) infringement of a third party's intellectual property rights by the Services themselves (excluding infringement caused by Customer's use in combination with non-Pricist products, Customer's modifications, or use in violation of these Terms); and (b) Pricist's gross negligence or willful breach of its Data Processor obligations under the DPA.

Indemnification Procedures

The indemnified party shall: (a) promptly notify the indemnifying party in writing of any claim; (b) grant the indemnifying party sole control of the defense and settlement; and (c) provide reasonable cooperation at the indemnifying party's expense. Failure to provide prompt notice does not relieve the indemnifying party except to the extent it is materially prejudiced.

23. Limitation of Liability

Aggregate Cap

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PRICIST'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS SHALL NOT EXCEED THE LESSER OF: (A) THE TOTAL FEES PAID BY CUSTOMER TO PRICIST IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) FIVE HUNDRED UNITED STATES DOLLARS ($500). FOR FREE TIER CUSTOMERS, PRICIST'S TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED ZERO DOLLARS ($0).

Consequential Damages Exclusion

IN NO EVENT SHALL PRICIST BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, BUSINESS OPPORTUNITY, GOODWILL, OR ANTICIPATED SAVINGS, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF PRICIST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Specific Exclusions

Without limiting the foregoing, Pricist is expressly not liable for:

• (i) The accuracy, completeness, or reliability of attribution reports
• (ii) The quality, accuracy, or fitness of AI Agent outputs
• (iii) Regulatory fines, penalties, or enforcement actions against Customer arising from Customer's failure to configure privacy controls, obtain consents, or comply with applicable law
• (iv) Third-party ad network API changes, policy changes, or data discrepancies
• (v) End User claims against Customer related to Customer's data practices
• (vi) Data loss or corruption caused by Customer's misconfiguration of the SDK, Remote Config, or other Services
• (vii) Revenue losses arising from fraud detection false positives or false negatives

Carve-Outs

The limitations in this section do not apply to: (a) Pricist's indemnification obligations under Section 22; (b) Pricist's willful misconduct; or (c) obligations that cannot be limited under applicable law.

24. Third-Party Services and Partners

The Services integrate with third-party services including ad networks, app stores, analytics partners, and payment processors. Customer's use of third-party services is governed by those services' respective terms and conditions. Pricist is not responsible for the availability, accuracy, security, or data handling practices of third-party services.

Sub-Processors

Pricist uses sub-processors to provide the Services. The current list of sub-processors is maintained in our Data Processing Addendum. Customer consents to the sub-processors listed as of the date of acceptance of these Terms.

Pricist will provide thirty (30) days' advance notice before engaging a new sub-processor. If Customer objects to a new sub-processor, the parties will work in good faith to find a resolution. If no resolution can be reached, Customer may terminate the affected Services.

25. Service Level Agreement

Pricist targets 99.9% uptime for paid plans, measured monthly, covering the dashboard, API, SDK endpoints, and link redirection services.

Exclusions

The uptime commitment does not apply to: (a) scheduled maintenance with advance notice; (b) force majeure events; (c) issues caused by Customer's actions or equipment; (d) Free tier accounts; (e) Beta or Preview features; (f) third-party service outages beyond Pricist's control.

Remedies

If uptime falls below 99.9% in a calendar month, eligible paid customers may request service credits. Credits are calculated as a percentage of the monthly fee proportional to the excess downtime. Service credits are the sole and exclusive remedy for failure to meet the uptime commitment. Credits must be requested within thirty (30) days of the affected month.

26. Termination

Termination by Customer

Customer may terminate these Terms at any time by ceasing all use of the Services and removing the Pricist SDK from all Customer Applications. To formally close an account, contact support@pricist.dev.

Termination by Pricist for Cause

Pricist may terminate these Terms upon thirty (30) days' written notice for material breach, provided the breach is not cured within the notice period. Pricist may terminate or suspend immediately without notice for: (a) transmission of Prohibited Data; (b) use of the Services for illegal purposes; (c) non-payment exceeding thirty (30) days after written notice; (d) actions that pose a security risk to Pricist or third parties.

Termination by Pricist for Convenience

Pricist may terminate these Terms for convenience upon ninety (90) days' written notice.

Effects of Termination

Upon termination: (a) Customer's right to use the Services ceases immediately; (b) Customer must remove the Pricist SDK from all Customer Applications within thirty (30) days; (c) Customer Data will be available for export for thirty (30) days per Section 10; (d) all outstanding fees become immediately due and payable.

The following sections survive termination: Definitions, Data Ownership, Intellectual Property, Confidentiality, Representations and Warranties, Indemnification, Limitation of Liability, Dispute Resolution, and General Provisions.

27. Modifications to Terms

Pricist reserves the right to modify these Terms at any time. For material changes, Pricist will provide at least thirty (30) days' advance notice via email to the account holder. Non-material changes will be posted on this page with an updated “Last updated” date.

Your continued use of the Services after the notice period constitutes acceptance of the modified Terms. If you disagree with the modified Terms, you must terminate your account before the effective date of the changes.

Previous versions of these Terms are available upon request by contacting legal@pricist.dev.

28. Dispute Resolution

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions.

Informal Resolution

Before initiating formal proceedings, the parties agree to attempt to resolve any dispute informally by contacting legal@pricist.dev. The parties shall negotiate in good faith for thirty (30) days before pursuing other remedies.

Binding Arbitration

Any dispute not resolved informally and exceeding ten thousand United States dollars ($10,000) shall be resolved by binding arbitration administered by JAMS under its Comprehensive Arbitration Rules. The arbitration shall be conducted by a single arbitrator in Dover, Delaware. The arbitrator's decision shall be final and binding.

Small Claims

Either party may bring an individual action in small claims court for disputes within the court's jurisdictional limits.

Class Action Waiver

YOU AND PRICIST AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. The arbitrator may not consolidate proceedings or preside over any form of representative or class proceeding.

29. General Provisions

Entire Agreement. These Terms, together with the Privacy Policy, DPA, and any Order Forms, constitute the entire agreement between the parties and supersede all prior agreements, understandings, and communications.

Severability. If any provision of these Terms is held to be unenforceable, the remaining provisions shall continue in full force and effect. The unenforceable provision shall be modified to the minimum extent necessary to make it enforceable.

Waiver. No waiver of any provision of these Terms shall be effective unless in writing and signed by the waiving party. Failure to enforce any provision does not constitute a waiver of future enforcement.

Assignment. Customer may not assign or transfer these Terms without Pricist's prior written consent. Pricist may assign these Terms in connection with a merger, acquisition, reorganization, or sale of all or substantially all of its assets. Any attempted assignment in violation of this section is void.

Force Majeure. Neither party shall be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including natural disasters, acts of war or terrorism, pandemics, government actions, internet disruptions, or third-party infrastructure failures.

Notices. Notices to Customer will be sent to the email address associated with the account. Notices to Pricist must be sent to legal@pricist.dev or to the mailing address in Section 30.

Independent Contractors. The parties are independent contractors. Nothing in these Terms creates an agency, partnership, joint venture, or employment relationship.

No Third-Party Beneficiaries. These Terms do not confer any rights or remedies on any third party, except as expressly provided in the indemnification section.

Export Compliance. Customer shall comply with all applicable export control and sanctions laws in connection with its use of the Services.

30. Contact Information

For questions or notices regarding these Terms, please contact us:

• Legal inquiries: legal@pricist.dev
• Privacy inquiries: privacy@pricist.dev
• Security issues: security@pricist.dev
• General support: support@pricist.dev

Mailing address:
Pricist
1111B S Governors Ave #47902
Dover, DE 19904
United States