These Terms of Service ("Terms") govern your use of MerchantWatch ("Service"), provided by [YOUR LEGAL ENTITY NAME] ("MerchantWatch", "we", "us"). By creating an account or using the Service, you agree to these Terms.
1. Eligibility
The Service is intended for businesses (B2B). By signing up, you confirm you are a business or acting on behalf of a business and that you have the authority to bind that business to these Terms.
2. Account
You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. You must notify us promptly of any unauthorised access.
3. Subscription, billing, cancellation
Paid plans renew automatically at the end of each billing cycle (monthly or annual) unless cancelled. You may cancel at any time from your account settings; cancellation takes effect at the end of the current billing cycle, with no further charges.
Annual plans are paid upfront. Refunds are not provided for unused portions of an annual subscription except where required by law.
Prices shown on the website are net (excluding VAT). VAT is added at checkout per your tax status. EU B2B reverse-charge applies where you provide a valid VAT-ID.
4. Credits
Paid plans include a monthly allowance of credits. 1 credit = 1 record exported, OR 1 record pushed to an external tool, OR 1 alert sent. Credits reset monthly and do not roll over. Top-up packs purchased separately do not expire.
Browsing the database, viewing shop detail pages, and managing your watchlist are always free and do not consume credits.
5. Acceptable use
You agree not to:
- Use the Service to violate any law or third-party rights
- Resell, sublicense, or commercially redistribute the data from the Service without an explicit licensing agreement (Custom plan)
- Reverse-engineer, scrape, or programmatically circumvent rate limits
- Use the Service to send spam or violate anti-spam laws (e.g. CAN-SPAM, DSGVO §7 UWG)
- Attempt to gain unauthorised access to any system or account
- Use the Service to harass or harm Shopify storefront operators whose data appears in our database
We may suspend or terminate accounts violating these rules without refund.
6. The data we provide
The Service surfaces company data and public signals about Shopify storefronts. We make commercially reasonable efforts to keep this data accurate and current, but the Service is provided "as is" without warranty of completeness or freshness.
We do not collect or distribute personal data about decision-makers or store owners. If you push our data into tools that subsequently enrich it with personal contact data (e.g. Clay, Apollo), you are the data controller for that enrichment and bear responsibility for compliance.
7. Your data
You retain ownership of any data you upload or input into the Service (e.g. notes, tags, watchlist composition). We process this data only as needed to provide the Service. See our Privacy Policy and Data Processing Agreement for details.
8. Service availability
We aim for high availability but do not guarantee uninterrupted service. Custom plan customers receive an SLA on uptime and alert delivery; standard plans do not include an SLA.
9. Intellectual property
MerchantWatch and all content, software, designs, and trademarks related to the Service (other than your own data) are the property of [YOUR LEGAL ENTITY NAME] and protected by copyright, trademark, and other laws. You receive a limited, non-transferable, non-exclusive license to use the Service for the duration of your subscription.
10. Limitation of liability
To the maximum extent permitted by law, our liability for any claim arising from these Terms or the Service is limited to the fees you paid us in the twelve (12) months preceding the claim. We are not liable for indirect, consequential, special, or punitive damages, including lost profits or lost data.
This limitation does not apply to damages caused by intent or gross negligence on our part, or to liability that cannot be limited by law (e.g. product liability under German law).
11. Termination
Either party may terminate at any time. We may terminate immediately for material breach (e.g. acceptable-use violations). On termination, your access ends at the end of the current billing cycle and your data is deleted per our retention schedule (see Privacy Policy).
12. Changes to these Terms
We may update these Terms as the Service evolves. Material changes will be communicated via email at least 30 days before they take effect. Continued use after the effective date constitutes acceptance.
13. Governing law & jurisdiction
These Terms are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). Place of jurisdiction for all disputes arising from these Terms is [CITY OF YOUR REGISTERED OFFICE], Germany, to the extent legally permissible for B2B contracts.
14. Severability
If any provision of these Terms is found unenforceable, the remaining provisions remain in full force.
Contact
Questions about these Terms? Email hello@merchantwatch.app.