Terms of Service

1. Acceptance of Terms

By accessing or using PVSN ("Price Variation Software Network"), including our website, APIs, dashboard, SDKs, and related services (collectively, the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree, do not use the Service. If you are using the Service on behalf of a company or organization, you represent that you have the authority to bind that entity to these Terms, and "you" refers to that entity.

2. Description of Service

PVSN is a dynamic pricing platform that calculates and adjusts prices based on 100+ real-time variables including time of day, weather conditions, demand patterns, inventory levels, customer behavior, local events, competition, and product lifecycle stage. The Service includes a pricing engine, analytics dashboard, API access, webhook integrations, and related tools for merchants. Prices may move both up and down within the guardrails you configure.

3. Account Registration

To use the Service, you must create an account by providing accurate and complete information. You are responsible for:

• Maintaining the confidentiality of your account credentials and API keys
• All activities that occur under your account
• Notifying us immediately of any unauthorized access or security breach
• Ensuring that team members you invite comply with these Terms

We reserve the right to suspend or terminate accounts that violate these Terms or pose a security risk.

4. Subscription Plans and Billing

PVSN offers tiered subscription plans (Free, Starter, Pro, Enterprise) and a usage-based Pay-as-you-go option with varying features and limits. By subscribing to a paid plan or using the metered API:

• You authorize us to charge your payment method on a recurring basis for subscriptions, or per metered usage for Pay-as-you-go
• Billing is processed through Stripe; their terms apply to payment processing
• Plan limits (products, API calls, features) are enforced automatically
• Upgrades take effect immediately; downgrades take effect at the next billing cycle
• Fees are exclusive of taxes, which you are responsible for where applicable
• Except where required by law, fees are non-refundable; refunds are otherwise handled case-by-case — contact support@pvsnapp.com
• As an exception to the above, premium seat reservations (the one-time early-access reservation fee) are fully refundable on request at any time prior to onboarding

The Free plan includes limited access with no payment required and may be time-limited. We reserve the right to modify pricing with 30 days' advance notice; changes do not apply retroactively to a prepaid term.

5. API Usage and Rate Limits

API access is governed by your subscription tier. Rate limits are enforced per API key:

• Standard: 120 requests per minute
• Premium: 600 requests per minute
• Enterprise: 2,000 requests per minute

Exceeding rate limits will result in HTTP 429 responses with a Retry-After header. Sustained abuse, including attempts to circumvent rate limits, may result in API key revocation. You must keep API keys confidential and rotate them if compromised. Metered (Pay-as-you-go) usage is billed per call as described on the pricing page.

6. Your Data

You retain all ownership rights to the data you upload, create, or transmit through the Service ("Merchant Data"), including product catalogs, customer records, events, and pricing rules. You grant PVSN a limited, non-exclusive, worldwide license to host, process, and transmit your Merchant Data solely to provide, secure, and improve the Service.

You represent and warrant that:

• You have the right to provide all data uploaded to the Service
• Your use of the Service complies with applicable data protection laws (GDPR, CCPA, etc.)
• You have obtained necessary consents for any customer data processed through the Service
• You will not upload sensitive personal data (health, financial, biometric) unless required for pricing and properly disclosed to your customers

7. Dynamic Pricing Compliance

You are solely responsible for ensuring that your use of dynamic pricing complies with all applicable laws and regulations in your jurisdiction. This includes:

• Consumer protection laws regarding price transparency and fairness
• Anti-discrimination laws that may restrict customer-specific pricing based on protected characteristics
• Industry-specific regulations (e.g., price gouging laws, pharmaceutical pricing rules)
• Disclosure requirements for algorithmic or personalized pricing

PVSN provides pricing tools but does not provide legal advice. Consult qualified legal counsel regarding compliance in your specific market and jurisdiction.

8. Acceptable Use

You agree not to use the Service to:

• Engage in price fixing, bid rigging, or anti-competitive behavior
• Implement discriminatory pricing based on race, gender, religion, or other protected characteristics
• Engage in price gouging during emergencies or natural disasters
• Reverse engineer, decompile, or attempt to extract the source code of the pricing engine
• Resell, sublicense, or provide the Service to third parties without authorization
• Interfere with or disrupt the Service infrastructure
• Upload malicious code, viruses, or harmful data
• Use automated tools to scrape, mine, or extract data from the Service beyond authorized API access

No guarantee of revenue or results

PVSN does not guarantee any particular business outcome. The pricing recommendations, predictions, and offers generated by our engine and AI advisor are suggestions and estimates only. We make no representation or warranty that using the Service will increase your revenue, margin, conversion, retention, or profit, or that any forecast, ROI figure, or calculator output will be achieved. Past or modeled performance is not indicative of future results. You are solely responsible for the prices you set, the offers you publish, and any resulting business outcomes. Any revenue-impact figures shown in marketing materials, calculators, or the dashboard are illustrative and not a promise of results.

9. Intellectual Property

PVSN and its licensors retain all intellectual property rights in the Service, including the pricing engine algorithms, prediction and neural-network models, analytics tools, user interface, documentation, SDKs, and all related technology. These Terms do not grant you any rights to PVSN trademarks, branding, or proprietary technology beyond what is necessary to use the Service as permitted.

Confidentiality

Each party may receive non-public information of the other that is designated confidential or that should reasonably be understood to be confidential ("Confidential Information"), including API keys, non-public pricing logic, and business plans. The receiving party will use Confidential Information only to perform under these Terms, will protect it with at least reasonable care, and will not disclose it except to personnel and contractors with a need to know who are bound by similar obligations. Confidential Information does not include information that is or becomes public through no fault of the receiving party, was already known, or is independently developed. These obligations survive termination for three (3) years (and indefinitely for trade secrets).

Beta & preview features

We may offer features identified as beta, preview, early access, or experimental ("Beta Features"). Beta Features are provided "as is," may be changed or withdrawn at any time, may be less reliable than generally available features, and are excluded from any service-level commitments. We may collect usage data from Beta Features to improve them. Your use of Beta Features is at your discretion and risk.

Feedback

If you provide suggestions, ideas, or feedback about the Service ("Feedback"), you grant PVSN a perpetual, irrevocable, worldwide, royalty-free license to use and incorporate that Feedback into our products and services without restriction or obligation to you. Feedback is provided voluntarily and is not your Confidential Information.

10. Service Availability and SLA

We strive to maintain high availability but do not guarantee uninterrupted access. Scheduled maintenance will be announced in advance when possible. We reserve the right to modify, suspend, or discontinue any part of the Service with reasonable notice. Critical security updates may be applied without prior notice.

Support & service levels

Support is provided by email at support@pvsnapp.com and, for higher tiers, through priority channels described on the pricing page. Standard support targets a response during business days; it is a target, not a guaranteed response time. Enterprise customers may enter into a separate Service Level Agreement (SLA) that defines uptime commitments, support response targets, and remedies (such as service credits). Where an executed SLA exists, it controls over this section for the covered services.

11. Webhooks and Integrations

When you configure webhooks or third-party integrations (Shopify, WooCommerce, Slack, Zapier, SendGrid, Twilio), you are responsible for the endpoints you provide and the data flows you configure. PVSN signs webhook payloads with HMAC-SHA256 for integrity verification, and you should validate signatures on your receiving endpoints. Failed webhook deliveries are retried up to three times with exponential backoff. Your use of any third-party service is also governed by that third party's terms, and PVSN is not responsible for third-party services.

13. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. PVSN DOES NOT WARRANT THAT PRICING RECOMMENDATIONS WILL MAXIMIZE REVENUE, THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT DEFECTS WILL BE CORRECTED.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PVSN SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE, LOST PROFITS, LOSS OF DATA, OR BUSINESS INTERRUPTION, ARISING FROM YOUR USE OF THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

PVSN's total aggregate liability for any claims arising from or related to these Terms or the Service shall not exceed the amount you paid to PVSN in the twelve (12) months preceding the claim. Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.

14. Indemnification

You agree to indemnify and hold harmless PVSN, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from your use of the Service, your Merchant Data, your violation of these Terms, or your infringement of any third-party rights through your pricing practices.

Force majeure

Neither party is liable for any failure or delay in performance (other than payment obligations) caused by events beyond its reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, labor disputes, internet or telecommunications failures, power outages, governmental actions, or failures of third-party providers or hosting infrastructure.

15. Termination

You may terminate your account at any time through the dashboard Settings page or by contacting support@pvsnapp.com. We may terminate or suspend your access for violation of these Terms, non-payment, or extended inactivity (12+ months on Free plan). Upon termination:

• You may export your data within 30 days using the Data Export feature or GDPR Center
• After 30 days, your data will be anonymized or deleted in accordance with our Privacy Policy
• Sections regarding fees accrued, liability, indemnification, confidentiality, and intellectual property survive termination

17. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to conflict of law principles. Any disputes arising under these Terms shall be resolved through binding arbitration under the rules of the American Arbitration Association, except that either party may seek injunctive relief in a court of competent jurisdiction. You and PVSN agree that any dispute will be brought in an individual capacity and not as part of a class action.

Assignment

You may not assign or transfer these Terms or your account, by operation of law or otherwise, without our prior written consent. We may assign these Terms without restriction in connection with a merger, acquisition, reorganization, or sale of all or substantially all of our assets. Any attempted assignment in violation of this section is void. These Terms bind and benefit the parties and their permitted successors and assigns.

Severability & entire agreement

If any provision of these Terms is held unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect. Our failure to enforce any right or provision is not a waiver of that right or provision. These Terms, together with the Privacy Policy, any Data Processing Addendum, and any order form or SLA, constitute the entire agreement between you and PVSN regarding the Service and supersede all prior agreements on that subject.

16. Modifications to Terms

We may update these Terms from time to time. Material changes will be communicated via email or dashboard notification at least 30 days before taking effect. Continued use of the Service after changes become effective constitutes acceptance. If you disagree with the updated Terms, you may terminate your account before the changes take effect.

18. Contact

For questions about these Terms, contact us at:

PVSN — Price Variation Software Network
Email: support@pvsnapp.com
Phone: 720-969-9858