Terms and Conditions

Table of Contents

✅ MONITIVO – Terms & Conditions

1. Parties

These Terms and Conditions (“Terms”) govern the relationship between MONITIVO (the “Company”, “we”, “us”) and any user (“Client”, “you”) accessing or using the MONITIVO platform.

2. Acceptance of Terms

By accessing or using MONITIVO, you agree to be bound by these Terms.

If you use the Service on behalf of a company, you confirm that you have authority to bind that entity.

We may update these Terms at any time. Continued use = acceptance.

3. Definitions

Service: MONITIVO SaaS platform for price monitoring, competitor tracking, and data analytics
Account: User account created on MONITIVO
User / Agent: Any person accessing the platform via your account
Service Data: Data collected via MONITIVO (prices, product info, competitor data)
Subscription: Paid or free plan granting access to features

4. Services

4.1 Access

We grant you a limited, non-exclusive, non-transferable license to use MONITIVO during your subscription. You do NOT own the platform.

4.2 Ownership

All rights (software, algorithms, branding, UI, code) remain the exclusive property of MONITIVO.

4.3 Data Usage

You are responsible for how you use collected data. MONITIVO does not guarantee accuracy of scraped data. Data is provided “as is”. You must respect third-party website terms & laws.

4.4 Data Retention

We may store collected data for up to 12 months, after which it may be deleted.

4.5 Marketing Permission

We may display your company name/logo as a MONITIVO customer (unless you request removal).

4.6 Service Availability

We aim for high uptime but: No guarantee of uninterrupted service. Maintenance or downtime may occur. We are not liable for outages.

5. Acceptable Use

5.1 Legal Use

You agree to: Use MONITIVO legally, respect data privacy laws (GDPR, etc.), not scrape restricted/private data without permission.

5.2 Prohibited Actions

You must NOT: Resell or sublicense MONITIVO, reverse engineer the platform, use it for illegal scraping, overload or disrupt systems, violate third-party website terms. Violation = immediate suspension or termination.

5.3 Account Responsibility

You are responsible for: All activity under your account, keeping login credentials secure.

6. Data Protection & Privacy

We process personal data according to our Privacy Policy. You are the data controller. We act as data processor. You must ensure lawful data collection.

We implement security measures, but: No system is 100% secure.

7. Pricing & Billing

7.1 Subscription Plans

Pricing depends on selected plan.

7.2 Billing

Charged monthly or annually. Payment in advance. Auto-renewal applies.

7.3 Late Payment

We may: Suspend your account, charge late fees, terminate service.

7.4 Upgrades / Downgrades

Upgrade → immediate (prorated). Downgrade → next billing cycle. No refunds for downgrades.

7.5 Taxes

Prices exclude taxes unless stated.

8. Term & Termination

8.1 Term

Subscription starts upon signup and renews automatically.

8.2 Termination

You may cancel before renewal. We may terminate if: Terms are violated, illegal use is detected.

8.3 No Refund Policy

No refunds for unused subscription periods.

8.4 Data Deletion

After termination: Data may be deleted permanently.

9. Disclaimer

MONITIVO is provided “AS IS” and “AS AVAILABLE”. We do NOT guarantee: Accuracy of data, continuous uptime, error-free service.

10. Limitation of Liability

We are NOT liable for: Lost profits, business interruption, data loss. Maximum liability = amount paid in last 12 months.

11. Indemnification

You agree to protect MONITIVO against claims resulting from: Your misuse of the platform, illegal data scraping, violation of laws.

12. Governing Law

Applicable law: [Choose your country – e.g., Tunisia / France / UK]
Jurisdiction: [Your court location]

13. Miscellaneous

Terms represent full agreement. Invalid clauses don’t affect others. We may assign rights in case of acquisition.

🔒 14. Anti-Scraping Liability Clause

MONITIVO provides tools that may enable the automated collection of publicly available data from third-party websites.

By using the Service, you acknowledge and agree that:

You are solely responsible for ensuring that your use of MONITIVO complies with: Applicable laws and regulations, website terms of service, data protection and intellectual property laws.
MONITIVO does not control, endorse, or assume responsibility for: The legality of data extraction from third-party sources, any restrictions imposed by target websites, any consequences resulting from scraping activities.
You agree that you will NOT use the Service to: Access restricted, private, or protected data, bypass authentication systems, CAPTCHAs, or security measures, perform excessive or abusive scraping that could harm third-party systems.

⚠️ Liability Disclaimer
MONITIVO shall not be held liable for: Legal claims, Damages, Losses, Disputes with third-party websites arising from your use of data collected through the Service.

You agree to indemnify and hold harmless MONITIVO against any claims related to your scraping activities.

⚙️ 15. API Usage Limits

If MONITIVO provides API access:

15.1 Rate Limits

API usage is subject to rate limits defined by your subscription plan. Exceeding limits may result in: Throttling, Temporary suspension, Additional charges.

15.2 Prohibited API Use

You agree NOT to: Abuse or overload the API, Attempt to bypass rate limits, Use the API for illegal or unauthorized purposes, Resell or expose API access to third parties without permission.

15.3 API Changes

We reserve the right to: Modify or discontinue API endpoints, Change rate limits, Introduce new usage restrictions with or without prior notice.

📊 16. Fair Usage Policy

To ensure platform stability and fairness: You agree to use MONITIVO in a reasonable and non-abusive manner.

Examples of abusive usage include: Excessive scraping beyond normal business needs, Creating multiple accounts to bypass limits, Generating abnormal traffic that impacts system performance, Using automation in a way that degrades service for other users.

Enforcement
If we detect abuse, we may: Throttle usage, Temporarily suspend access, Require plan upgrade, Permanently terminate the account without liability.

📈 17. Service Level Agreement (SLA) – Enterprise Only

This section applies only to customers with an Enterprise plan or custom agreement.

17.1 Uptime Commitment

We aim to provide: 99.5% monthly uptime, excluding: Scheduled maintenance, Force majeure events, Third-party outages.

17.2 Support Response Time

Priority / Description / Response Time
Critical / Service down / < 4 hours
High / Major feature issue / < 12 hours
Normal / General support / < 24–48 hours

17.3 Maintenance

Scheduled maintenance may occur. We will provide notice when possible.

17.4 Service Credits (Optional)

If uptime falls below SLA: Clients may request service credits. Credits are capped at one month of subscription fees. No cash refunds.

17.5 SLA Exclusions

SLA does NOT apply if downtime is caused by: Misuse of the platform, Client-side issues, Third-party providers (e.g. hosting, proxies, APIs).

By using MONITIVO, you acknowledge that you have read, understood, and agree to be bound by these Terms & Conditions.