Terms and Conditions – PriceSmurf

1. Introduction

These Terms and Conditions ("Terms") govern access to and use of the PriceSmurf platform, website, and services (collectively, the "Service"). PriceSmurf ("we", "us", "our") is an AI-driven pricing and analytics software service operated by a business based in the Czech Republic. By creating an account, purchasing a subscription, or using the Service, you ("Customer", "you") agree to be bound by these Terms.

2. Description of the Service

PriceSmurf provides AI-powered tools for pricing analysis, data structuring, analytics, and decision support. The Service may include AI agents, automated insights, reports, and recommendations. The Service is provided for informational and analytical purposes only and does not constitute financial, legal, or tax advice. You should consult qualified professionals for business-critical decisions.

3. Account Registration

You must provide accurate and complete information when registering. You are responsible for maintaining the confidentiality of your account credentials and all activities under your account. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to suspend or terminate accounts that violate these Terms.

4. Subscriptions, Fees and Payments

4.1 Pricing The Service is offered on a subscription basis. Fees, billing cycles, features, and limits are displayed on the pricing page or agreed individually in Enterprise contracts. 4.2 Payment Terms • Monthly subscriptions: Charged at the start of each billing period • Annual subscriptions: Charged upfront for the full year • Currency: EUR (€) unless otherwise agreed in writing • Payment methods: Credit card, bank transfer (Enterprise contracts only) • VAT: Added where applicable according to Czech and EU tax regulations 4.3 Failed Payments If payment fails: • We will notify you via email and retry payment within 7 days • After 14 days of non-payment, access to the Service may be suspended • After 30 days of non-payment, your account may be terminated and data deleted 4.4 Price Changes We may change pricing with 30 days advance notice via email. Price changes will apply at your next renewal date. Current subscriptions will not be affected mid-term. 4.5 No Refunds Policy All subscription fees are non-refundable. By subscribing, you expressly agree that: • Service delivery begins immediately upon subscription • You waive any statutory cooling-off or withdrawal period • Cancellation does not entitle you to a refund of fees already paid Subscription cancellation terms: • Monthly subscriptions: Cancel anytime; no refund for the current billing period • Annual subscriptions: Cancel anytime; no refund for remaining months Exceptions: We may issue discretionary refunds in exceptional cases: • Documented service failures caused by PriceSmurf lasting more than 7 consecutive days • Technical issues preventing service use due to our platform errors • Other exceptional circumstances at our sole discretion Nothing in this policy limits your mandatory rights under applicable consumer protection law.

5. AI Usage, Tokens and Limits

5.1 Usage Limits Each subscription plan includes defined usage limits, including but not limited to: • AI token usage (for AI-powered analysis and recommendations) • Data storage capacity • Number of API requests or AI agent executions • Number of users or workspaces Once limits are reached, functionality may be restricted until the next billing period or additional payment may be required. We will notify you when approaching usage limits. 5.2 AI Limitations and Disclaimers Important: AI-generated outputs are probabilistic in nature and may contain errors, inaccuracies, or incomplete information. By using the Service, you acknowledge and agree that: • AI recommendations are based on data you provide; accuracy depends on data quality and completeness • PriceSmurf does NOT guarantee any business outcomes, including but not limited to revenue increases, margin improvements, or profit growth • You are solely responsible for all pricing decisions made using the Service • You must validate AI recommendations before implementing any pricing changes • The Service is a decision-support tool, not a substitute for human judgment and expertise PriceSmurf does not guarantee accuracy, completeness, or fitness for any particular purpose. 5.3 No Financial, Legal, or Tax Advice PriceSmurf does not provide financial, legal, or tax advice. The Service provides analytical tools and insights only. You should consult qualified professionals before making business-critical decisions.

6. Customer Data and Privacy

6.1 Data Ownership You retain full ownership of all data uploaded to the Service, including pricing data, product catalogs, transaction history, and any other information you provide. You confirm that you have all necessary rights to upload and process such data, and that your use of the Service complies with all applicable data protection laws including GDPR. 6.2 Responsibility for Decisions You are solely responsible for all business decisions made based on outputs generated by the Service. We recommend validating all AI recommendations before implementation. 6.3 Data Processing PriceSmurf processes Customer Data solely to provide the Service. We act as a data processor on behalf of the Customer. • Data is stored on secure servers located in the European Union • We may use third-party AI providers (such as OpenAI or Anthropic) to process data for AI-powered features • Customer Data is retained for the duration of your subscription plus 30 days after termination • You may request data export or deletion at any time by contacting support For full details on how we handle personal data, please see our Privacy Policy at www.pricesmurf.com/privacy 6.4 Data Export and Portability You may export your data at any time in standard formats (CSV, Excel, JSON) through the Service interface or by requesting export from our support team. Upon subscription termination, you have 30 days to export all data. After this period, data may be permanently deleted from our systems.

7. Intellectual Property

7.1 PriceSmurf IP All rights to the Service, including but not limited to software, algorithms, AI models, workflows, user interface, and documentation, are the exclusive property of PriceSmurf and its licensors. 7.2 Customer IP You retain ownership of: • Your uploaded data and content • Pricing rules, formulas, and configurations you create within the Service • Custom reports and dashboards you generate 7.3 License You receive a limited, non-exclusive, non-transferable license to use the Service during an active paid subscription. This license terminates immediately upon subscription cancellation or termination. Upon termination, you must cease all use of the Service but retain full rights to your data and any configurations you created.

8. Prohibited Uses

You may not use the Service to: • Engage in price-fixing, collusion, or other anti-competitive practices prohibited by law • Process data you do not have legal rights to access or use • Reverse-engineer, decompile, or attempt to extract source code from the Service • Resell, white-label, or sublicense the Service without written agreement from PriceSmurf • Use the Service for any illegal purposes or in violation of applicable laws • Attempt to breach security measures or access other customers' data • Generate excessive AI requests designed to abuse or overwhelm the system • Use automated tools (bots, scrapers) to access the Service without authorization Violation of these prohibitions may result in immediate termination of your account without refund, and we reserve the right to pursue legal remedies.

9. Confidentiality

Both parties agree to keep confidential all non-public business, technical, and commercial information obtained through use of the Service or our business relationship. This obligation survives termination of these Terms and continues for a period of 3 years.

10. Service Availability and Changes

10.1 Service Availability The Service is provided on an "as is" and "as available" basis. While we strive for high availability, we do not guarantee uninterrupted access to the Service. We may perform scheduled maintenance with reasonable advance notice where possible, typically during off-peak hours. 10.2 Service Modifications PriceSmurf may modify, suspend, or discontinue any features or functionality of the Service at any time. We will provide reasonable notice of material changes that negatively impact your use of the Service. 10.3 Support Support response times: • Professional tier: Response within 48 business hours • Enterprise tier: As specified in individual contract or Service Level Agreement

11. Limitation of Liability

To the maximum extent permitted by applicable law: • PriceSmurf shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, data, or business opportunities • Our total aggregate liability for all claims arising from or related to the Service shall not exceed the total fees paid by you to PriceSmurf in the twelve (12) months immediately preceding the claim • We are not liable for damages caused by your failure to follow AI recommendations appropriately, improper use of the Service, or decisions made based on AI outputs Some jurisdictions do not allow limitation of liability for incidental or consequential damages. In such jurisdictions, our liability is limited to the greatest extent permitted by law.

12. Termination

12.1 Termination by Customer You may cancel your subscription at any time through your account settings or by contacting support@pricesmurf.com. • Monthly subscriptions: Cancellation is effective at the end of the current billing period. No refund for the current period. • Annual subscriptions: Cancellation is effective immediately. No refund for the remaining subscription period. 12.2 Termination by PriceSmurf We may suspend or terminate your account immediately for: • Non-payment of fees (after 30 days past due) • Material violation of these Terms • Fraudulent activity or misuse of the Service • Illegal activity or activity that exposes us to legal liability • Excessive usage that materially impacts service quality for other customers We will provide 7 days advance notice where possible and reasonable, except in cases of severe violations or legal requirements. 12.3 Effect of Termination Upon termination or expiration of your subscription: • Your access to the Service will be immediately discontinued • Your data will remain available for export for 30 days • After 30 days, all your data will be permanently deleted from our systems • No refunds will be issued for any prepaid subscription fees Sections of these Terms that by their nature should survive termination will continue to apply, including but not limited to: data ownership, intellectual property, confidentiality, limitation of liability, and dispute resolution.

13. Governing Law and Dispute Resolution

13.1 Governing Law These Terms shall be governed by and construed in accordance with the laws of the Czech Republic, without regard to its conflict of law provisions. 13.2 Dispute Resolution Before pursuing legal action, both parties agree to attempt good-faith negotiation for a period of 30 days to resolve any disputes. 13.3 Jurisdiction Any disputes arising from these Terms shall be resolved as follows: • Business-to-Business disputes: Competent courts of Prague, Czech Republic • Consumer disputes: Customer's local courts as required by EU consumer protection law • Enterprise contracts: As specified in individual written agreements

14. Changes to These Terms

We may update these Terms from time to time to reflect changes in our practices, legal requirements, or Service features. Changes will be effective: • Immediately for new users upon acceptance • 30 days after notice for existing users (notification via email to your registered address) Your continued use of the Service after changes become effective constitutes acceptance of the updated Terms. If you do not agree with the changes, you may terminate your subscription before the changes take effect. We will highlight material changes (such as pricing changes or significant feature modifications) in our notification.

15. General Provisions

15.1 Entire Agreement These Terms, together with our Privacy Policy and any applicable Enterprise agreements, constitute the entire agreement between you and PriceSmurf regarding the Service. 15.2 Severability If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect. 15.3 Waiver Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. 15.4 Assignment You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction. 15.5 Force Majeure Neither party shall be liable for any failure or delay in performance due to circumstances beyond their reasonable control, including but not limited to acts of God, war, terrorism, pandemics, or infrastructure failures.

16. Contact Information

If you have questions about these Terms or the Service, please contact us: Company: Valentin Kovačić Registration Number: 19190816 VAT ID: N/A Registered Address: Peškova 965/6 Hlubočepy 152 00 Praha 5 Email: info@pricesmurf.com Support: support@pricesmurf.com Website: www.pricesmurf.com