Terms & Conditions

In these Terms & Conditions, the following definitions apply:

"Service" means the ProfitEdge platform, including all features, tools, and functionalities provided through our website and applications.

"User", "you", or "your" refers to any individual or entity that accesses or uses the Service.

"Company", "we", "us", or "our" refers to Merstell Limited, the company behind ProfitEdge.

"Content" means any data, text, graphics, images, or other materials uploaded, submitted, or displayed through the Service.

"Your Data" means any data you provide to or generate through the Service, including store data, pricing information, and analytics.

"Materials" means all content, features, functionality, designs, and intellectual property owned by or licensed to us.

1. These Terms & Conditions ("Terms") constitute a legally binding agreement between you and Merstell Limited, governing your access to and use of the ProfitEdge platform and services.

2. By accessing or using our Service, you confirm that you have read, understood, and agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not access or use the Service.

3. We may update these Terms from time to time. We will notify you of material changes via email or through the Service at least 14 days before they take effect. Your continued use of the Service after such changes constitutes acceptance of the updated Terms.

4. ProfitEdge is a pricing intelligence platform designed to help ecommerce retailers optimise their pricing strategies. Our Service includes integration with ecommerce platforms (e.g., Shopify), competitor price monitoring and market intelligence, AI-powered pricing recommendations based on margins, stock levels, and market data, and analytics, reporting, and performance tracking tools.

5. We reserve the right to modify, suspend, or discontinue any part of the Service at any time, with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuance of the Service.

6. To access certain features of our Service, you must create an account. You agree to provide accurate, current, and complete information during registration, maintain and promptly update your account information, keep your password secure and confidential, accept responsibility for all activities that occur under your account, and notify us immediately of any unauthorised access or use of your account.

7. Your account is personal and non-transferable. You may not share your login credentials with third parties or allow others to access your account.

8. You must be at least 18 years old to create an account and use our Service. By creating an account, you represent and warrant that you meet this age requirement.

9. You agree not to use the Service for any unlawful purpose or in violation of any applicable laws.

10. You agree not to infringe the intellectual property or other rights of any third party.

11. You agree not to attempt to gain unauthorised access to any part of the Service or its systems.

12. You agree not to interfere with or disrupt the Service, servers, or networks.

13. You agree not to use automated systems, bots, or scrapers to extract data from the Service.

14. You agree not to resell, redistribute, or sublicense the Service without our written authorisation.

15. You agree not to upload malicious code, viruses, or harmful content.

16. You agree not to harass, abuse, or harm other users or our staff.

17. You agree not to use the Service in a manner that could damage our reputation or goodwill.

18. ProfitEdge is offered on a subscription basis. Details of available plans and pricing are published on our website. Features and limits may vary between plans.

19. We may offer a free trial period for new users. At the end of your trial, you must select a paid plan to continue using the Service. We will not charge you without your explicit consent.

20. Subscriptions are billed in advance on a monthly or annual basis.

21. By subscribing, you authorise us to charge your payment method automatically at the start of each billing cycle.

22. Subscriptions will automatically renew at the end of each billing period unless cancelled.

23. All fees are quoted exclusive of VAT or other applicable taxes, which will be added where required.

24. Failed payments may result in suspension of your access to the Service.

25. We reserve the right to modify our pricing. We will provide at least 30 days' notice of any price increases. Price changes will take effect at the start of your next billing cycle following the notice period.

26. All fees are non-refundable except as required by applicable law. If you cancel your subscription, you will retain access to the Service until the end of your current billing period, but no refund will be issued for the remaining time.

27. You may cancel your subscription at any time through your account settings or by contacting us. Cancellation takes effect at the end of your current billing period.

28. If payment is not received when due, we may suspend your access to the Service. You are responsible for any costs incurred in collecting overdue amounts, including reasonable legal fees.

29. You retain ownership of all data you provide to or generate through the Service. We do not claim ownership of Your Data.

30. By using the Service, you grant us a worldwide, non-exclusive, royalty-free licence to use, process, store, and display Your Data solely for the purpose of providing and improving the Service. This licence continues for the duration of your use of the Service and for a reasonable period thereafter to allow for data deletion.

31. By using our Service, you authorise us to access and process data from your connected third-party services (e.g., Shopify, Google Ads) as necessary to provide our Service. We will handle this data in accordance with our Privacy Policy.

32. You are responsible for maintaining your own backups of Your Data. While we implement reasonable measures to protect Your Data, we are not responsible for any loss or corruption of data.

33. We implement appropriate technical and organisational measures to protect Your Data. However, no system is completely secure, and we cannot guarantee absolute security. You acknowledge that you provide Your Data at your own risk.

34. The Service and all Materials - including but not limited to software, designs, text, graphics, logos, icons, images, and documentation - are owned by or licensed to Merstell Limited and are protected by copyright, trademark, and other intellectual property laws.

35. You may not copy, modify, or create derivative works based on the Service or Materials. You may not reverse engineer, decompile, or disassemble any part of the Service. You may not remove or alter any proprietary notices or labels. You may not use our trademarks without prior written permission.

36. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Service for your internal business purposes during your subscription period.

37. If you provide us with feedback, suggestions, or ideas about the Service, you grant us the right to use such feedback without any obligation or compensation to you.

38. Our Service integrates with third-party services such as Shopify, Google Ads, and payment processors. Your use of these services is subject to their respective terms and privacy policies.

39. We are not responsible for the availability, accuracy, or content of third-party services. We do not endorse and shall not be liable for any third-party services or any transactions you enter into with third parties.

40. The Service may contain links to external websites. We have no control over the content or practices of these sites and accept no responsibility for them.

41. Your privacy is important to us. Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

42. By using the Service, you consent to the collection and use of your information as described in our Privacy Policy.

43. THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

44. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT THAT ANY ERRORS OR DEFECTS WILL BE CORRECTED.

45. WE DO NOT GUARANTEE THAT OUR PRICING RECOMMENDATIONS WILL RESULT IN INCREASED SALES, PROFITS, OR ANY SPECIFIC BUSINESS OUTCOME. PRICING DECISIONS REMAIN YOUR SOLE RESPONSIBILITY, AND YOU SHOULD EXERCISE YOUR OWN JUDGEMENT.

46. THE SERVICE PROVIDES RECOMMENDATIONS AND INSIGHTS BASED ON AVAILABLE DATA. YOU ACKNOWLEDGE THAT MARKET CONDITIONS, COMPETITOR BEHAVIOUR, AND OTHER FACTORS BEYOND OUR CONTROL MAY AFFECT OUTCOMES.

47. WHILE WE STRIVE FOR ACCURACY, WE DO NOT GUARANTEE THAT COMPETITOR PRICING DATA, MARKET INTELLIGENCE, OR OTHER INFORMATION PROVIDED THROUGH THE SERVICE IS COMPLETE, ACCURATE, OR CURRENT. YOU SHOULD VERIFY IMPORTANT DATA INDEPENDENTLY BEFORE MAKING BUSINESS DECISIONS.

48. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MERSTELL LIMITED AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, OR BUSINESS, LOSS OF DATA OR DATA CORRUPTION, LOSS OF GOODWILL OR REPUTATION, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

49. OUR TOTAL AGGREGATE LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE TOTAL AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

50. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

51. You agree to indemnify, defend, and hold harmless Merstell Limited and its directors, officers, employees, agents, and affiliates from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from or related to your use of the Service, your violation of these Terms, your violation of any applicable laws or regulations, your violation of any rights of a third party, or Your Data or any content you submit through the Service.

52. These Terms remain in effect for as long as you have an account or use the Service.

53. You may terminate your account at any time by cancelling your subscription through your account settings or by contacting us. Upon termination, your right to use the Service will cease at the end of your current billing period.

54. If you violate these Terms, we will notify you and provide 30 days to cure the breach. If the breach is not cured within this period, we may terminate your account.

55. We may terminate immediately without notice for serious violations, including fraud, illegal activity, or actions that harm other users or our systems.

56. We may terminate free or trial accounts that have been inactive for more than 90 days, with prior notice.

57. We may terminate your account for any reason with 30 days' written notice.

58. Upon termination, your right to access and use the Service will immediately cease. We may delete Your Data after 30 days, unless we are required to retain it by law. You remain liable for any outstanding fees or obligations. Provisions that by their nature should survive termination will remain in effect.

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

60. Any disputes arising from or relating to these Terms or the Service shall be subject to the exclusive jurisdiction of the courts of England and Wales.

61. Before initiating any formal legal proceedings, you agree to contact us at support@profitedge.app to attempt to resolve the dispute informally. We will make reasonable efforts to resolve any dispute within 30 days. If the dispute cannot be resolved informally, either party may proceed with legal action.

62. These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and us regarding the Service and supersede all prior agreements and understandings.

63. If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect. The invalid provision will be modified to the minimum extent necessary to make it valid and enforceable.

64. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. Any waiver must be in writing and signed by us to be effective.

65. You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign our rights and obligations under these Terms without restriction, including in connection with a merger, acquisition, or sale of assets.

66. Nothing in these Terms creates any agency, partnership, joint venture, or employment relationship between you and us. Neither party has the authority to bind the other or incur obligations on their behalf.

67. We may send notices to you via email to the address associated with your account or through the Service. You are responsible for keeping your contact information up to date. Notices to us should be sent to support@profitedge.app.

68. If you have any questions about these Terms & Conditions, please contact us:

Email: support@profitedge.app

Address: 1st Floor Unit 2, Fareham Heights, Fareham, Hampshire, PO16 8XT, United Kingdom