1. Who we are and what the service does
priceq is a service of Outflanq B.V., Boekweitstraat 62, 2153 GL Nieuw-Vennep, the Netherlands, Dutch Chamber of Commerce (KvK) no. 42160759, VAT ID NL869980646B01. These terms apply to business customers only. By "you" we mean the organisation that takes out a subscription.
priceq collects publicly published prices and availability from the webshops you designate yourself, links them to your catalogue, records the history and alerts you when things change. Depending on your package, priceq makes price proposals and can write approved prices back to your own webshop.
priceq does not make pricing decisions for you. Every proposal is a proposal. Whatever ends up in your webshop is there because you decided it should be.
2. How the agreement comes about
You enter into this agreement over the internet. Article 6:227b of the Dutch Civil Code requires us to tell you beforehand how that works. This is how.
The steps. You fill in the registration form in the application: your company name, your business e-mail address and a password you choose yourself. Below that, you tick that you agree to these terms, the privacy statement and the data processing agreement. That box is not pre-ticked; without it you cannot submit the form. You submit the form. At that moment there is no account and no agreement yet: we send you an e-mail with a confirmation link. When you click that link, we create the account, grant you access and the agreement is concluded. The link is valid for seven days; if you do not click it, we delete your registration and nothing has come about.
If the agreement comes about on the basis of a quotation, the steps set out in that quotation or in the order confirmation apply.
Correcting input errors. Until you press submit, everything you have entered remains visible and every field can be changed; you can untick the box again. If something is missing or incorrect (an address without an @, a password that is too short, a password that appears in a known data breach), we say so before or immediately after you submit, you stay on the form as you filled it in, and you correct it there. If you discover a mistake after submitting, you simply fill in the form again with the same e-mail address: that registration replaces the previous one and only the most recent confirmation link works. As long as you have not confirmed, nothing has been created and you are not bound by anything. Your company name and your other account details you change yourself in the application afterwards.
What we keep, and how you can see it. These terms, the privacy statement and the data processing agreement are permanently published on our website, can be read, saved and printed without logging in, and all state their version number. Of your agreement we record: which document, which version, a fingerprint (SHA-256) of the text as it was shown to you at that moment, the time, the IP address and the browser. We keep that record for as long as the agreement runs; what happens to it after that is set out in the privacy statement. If you want a copy (of the record itself or of the text as it read at that moment), you request it free of charge via the contact address at /legal/bedrijfsgegevens. If we publish a new version of one of these documents, we put it to you again at your next login and record that new agreement in the same way.
Languages. The agreement can be concluded in Dutch, English, German, French or Polish; the documents are available in all of those languages. The Dutch text is the binding one. Every other version, including this English one, is a translation for convenience; where it differs, the Dutch prevails.
3. Subscription, price and termination
The agreement starts as soon as we grant you access. There are two ways to become a customer, each with its own term.
Route 1: you sign up yourself in the application.
Trial period. After signing up you use priceq free of charge for fourteen days, on the Start package. You do not choose a package when signing up and you do not provide payment details. If you do not take out a subscription within those fourteen days, your account is suspended at the end of the trial period: you can still log in to take out a subscription, but you can no longer otherwise work with the application. Nothing is charged, because we hold no payment details of yours. If you take out a subscription within thirty days of the suspension, your account works again as it did; if you do not, the agreement ends.
Subscription. You take out a subscription by choosing a package and a billing period in the application and paying. If you do so during the trial period, you keep the remaining days: the first charge follows on the last day of the trial period. You choose between monthly and yearly; a yearly subscription costs less than twelve separate months, with the discount stated on our website. The subscription is tacitly renewed for the same period (one month or one year), counted from the day it started, not by calendar month. No notice period, no minimum term beyond the current period.
Terminating. You terminate it yourself in the application. Your access continues until the end of the period you have paid for (for a yearly subscription, until the end of that year), and after that nothing more is charged.
Switching. You also choose a different package or a different billing period in the application. Before you confirm the change, you see when it takes effect and how the difference in price is settled.
Route 2: we issue a quotation. For a bespoke service, the term, the notice period, the price and the scope as stated in the quotation or order confirmation apply. Those prevail over this paragraph. Anything the quotation does not cover is governed by these terms.
Packages and prices are stated on our website and apply as stated there at the time of ordering. The number of shops in a package counts the competing shops you follow; your own webshops do not count towards it. All amounts are exclusive of VAT.
Paying. A subscription taken out in the application is paid in advance per period, and automatically: by iDEAL (which at the same time gives a mandate for SEPA direct debit), by SEPA direct debit or by credit card. Payment runs through our payment provider Stripe. After a successful charge you receive the invoice by e-mail, already settled. If a charge fails, we let you know and it is retried automatically. If it still fails after those attempts, we suspend access until payment has been made. For an agreement based on a quotation, the payment terms of that quotation apply; if it says nothing about them, an invoice is payable within fourteen days.
We may adjust the price once a year, for the first time as per 1 January 2028, by no more than the CBS (Statistics Netherlands) consumer price index. We will announce any higher increase two months in advance; if you do not agree, you may terminate with effect from the date the increase takes effect.
Before your access ends, you export all of your data with a single action in the application. What happens to your data after that, and how long we keep it, is set out in section 6 of the privacy statement.
4. How we collect data
We only retrieve data from pages that are visible to every visitor without logging in. We do not circumvent passwords, paywalls or technical access restrictions.
From such a page we record the price, the availability, the product designation and the time of measurement. Nothing more. We do not copy product texts or images, we do not copy any catalogue and we do not collect personal data. We retrieve a page no more often than your package allows.
If you want a source followed that is only visible after logging in, that is possible only on your written instruction and with your declaration that you are entitled to use and share that access. Responsibility for that account remains with you.
5. Your responsibility for the sources you designate
You determine which shops and pages priceq follows. You warrant that you are permitted to have those sources followed and that in doing so you are not breaching any agreement you yourself have made with that party.
We do not assess in advance whether following a specific website is permitted; we are not aware of your agreements with that party. If we receive a reasoned request from a website owner to stop, we will stop with that source and let you know.
6. Competition law: read this article
Following publicly published prices is permitted, including those of your own customers. Setting your own sales price on the basis of what you see is permitted.
If you are a supplier or a brand, you may give your customers a non-binding recommended price only. You may not ask, induce or pressure them to raise a price, to withhold a discount or to maintain a minimum price. That is resale price maintenance, prohibited under article 6 of the Mededingingswet (the Dutch Competition Act) and article 101 TFEU. On 24 July 2018 the European Commission imposed fines totalling €111 million on four consumer electronics manufacturers for this; the monitoring of price reductions and acting upon it formed the core of the infringement.
priceq does not contact your customers and does not send messages about prices on your behalf. If you use the service to enforce resale prices, you are in breach of these terms, we may terminate the agreement, and we do not indemnify you against the consequences.
7. Market data, and what we keep confidential
Prices that shops publish themselves are public market data. We collect them once and use them for all customers who follow the same page. That is the reason we can deliver this service at this price.
Shared between customers: observations of publicly published shop prices, and technical knowledge about how a shop site is built.
Never shared: your catalogue, which pages you follow, your own prices, your margins, your rules, your proposals, your alerts and everything you enter in the application.
We keep that data confidential, including towards our own suppliers. If for part of the performance we engage a supplier that could infer something about your choices from it (for example the party that retrieves a shop page for us), we impose the same duty of confidentiality on that supplier. This obligation continues to apply after the end of the agreement.
8. No guarantees: we use our best efforts
Everything we do is a best-efforts obligation, not an obligation to achieve a specific result. The service is provided as is and as available.
We do not guarantee that:
- the service works uninterruptedly, on time or without errors;
- a source remains available: shops change their site, block visitors or disappear, and we cannot prevent that;
- a price you see is correct, complete or up to date;
- a product is recognised or linked to the right page;
- an alert reaches you, or reaches you in time;
- a proposal, a rule or an automatic adjustment leads to any result.
There is no availability guarantee, no coverage guarantee and no restoration time. We announce maintenance where we can. We report in the application when a source no longer appears reliable, and we repair what we can reasonably repair. We promise nothing more.
What you do with the data is your decision. You cannot derive any right from a figure in the application, from an alert, from the absence of an alert, or from a proposal. Descriptions on our website, in demonstrations, in documentation or in conversations are explanatory, not a commitment.
9. Liability
Our liability is limited, per event and per year, to the amount you paid for the service in the twelve months before the event causing the damage.
We are not liable for lost profit, missed savings, loss of anticipated turnover or consequential damage, nor for damage arising from incorrect, incomplete or missing data, from unavailability of the service or of a source, or from pricing decisions you have taken on the basis of our data.
A claim lapses twelve months after the event on which it is based. These limitations do not apply in the event of intent or wilful recklessness on our part.
10. Ownership
The application and the software remain ours; you receive a non-transferable right of use for the duration of the subscription. Your catalogue, links, rules and prices remain yours and you receive them in full when the agreement ends.
11. Personal data
For personal data that we process on your behalf (in practice the account data of your employees), we are the processor and you are the controller. The arrangements are set out in the data processing agreement, which forms part of these terms. Sub-processors are listed in the annex to it; we announce changes thirty days in advance.
How we handle personal data for which we are ourselves responsible is set out in the privacy statement.
12. Suspension and termination by us
We may suspend access or terminate the agreement if you act in breach of article 5 or 6, if a payment is not made as described in article 3, or if your use disrupts the service for others. Except in urgent cases, we will notify you in advance and give you the opportunity to remedy the situation.
13. Changes, governing law and jurisdiction
We may amend these terms; we announce an amendment thirty days in advance. If the amendment is to your disadvantage, you may terminate with effect from the date it takes effect.
Dutch law applies. We submit disputes to the competent court: Rechtbank Noord-Holland (the District Court of Noord-Holland, the Netherlands).
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