Terms of Service

1. Agreement to terms

By accessing or using MarginSonar (operated at https://marginsonar.com) or purchasing a pilot subscription, you ("Customer," "you," or "your") agree to be bound by these Terms of Service ("Terms"). If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity, and "you" refers to that entity.

If you do not agree to these Terms, do not use the service.

2. Description of service

MarginSonar provides competitive intelligence monitoring services, including automated monitoring of publicly available web pages for price, promotional, stock, and shipping signals ("the Service"). The Service delivers alerts and summary reports based on this monitoring.

MarginSonar is a monitoring and evidence-support service only. We do not provide legal advice, MAP (Minimum Advertised Price) enforcement, or legal determinations of any kind. Nothing in our reports, alerts, or communications constitutes a legal conclusion about pricing violations, reseller conduct, or regulatory compliance.

3. Pilot subscriptions

3a. Scope

Pilot subscriptions are scoped engagements, typically 30 days, covering an agreed set of monitored pages, brands, and channels. Scope is established during the intake and onboarding process. Requests to monitor additional pages, brands, or channels beyond the agreed scope may require a separate agreement or upgrade.

3b. Billing

Pilot fees are charged upfront via Stripe at the time of purchase. All fees are in US dollars. Fees are non-refundable except as described in Section 3d.

3c. Renewal

Pilots do not auto-renew by default. Continued service beyond the initial pilot term requires a new agreement or upgrade to a recurring plan. We will contact you before the end of your pilot period to discuss options.

3d. Refunds

If you are unsatisfied with the Service within the first 7 days of your pilot, contact us at hello@marginsonar.com and we will work with you in good faith to resolve the issue, including a partial or full refund at our discretion. After 7 days, fees are non-refundable.

4. Acceptable use

You agree not to:

• Use the Service for any illegal purpose or in violation of any applicable laws
• Use intelligence provided by MarginSonar to harass, threaten, or take unlawful action against any retailer, reseller, or third party
• Resell, redistribute, or sublicense MarginSonar outputs without our prior written consent
• Misrepresent MarginSonar data as a legal determination, MAP audit, or enforcement finding
• Attempt to access, disrupt, or reverse-engineer the Service infrastructure
• Use the Service in a manner that could damage MarginSonar's reputation or expose it to liability

5. Data and reports

5a. Your data

Any brand, SKU, and channel information you provide to configure your watchlist remains your property. We use it solely to deliver the Service.

5b. Service outputs

Monitoring reports, alerts, and weekly summaries delivered to you are licensed for your internal business use only. You may share outputs internally with your team and use them to inform business decisions. You may not republish, sell, or publicly distribute MarginSonar outputs.

5c. Data accuracy

MarginSonar monitors publicly available web pages and reports what is observed at the time of capture. We make reasonable efforts to ensure accuracy, but we cannot guarantee that captured data reflects real-time pricing, inventory, or promotional conditions at all times. Page captures may be delayed, incomplete, or affected by site-side changes. All data is provided for informational purposes only.

5d. Challenge-gated surfaces

Some web pages are protected by anti-bot technology that may prevent reliable automated capture. Where this occurs, we will disclose it explicitly rather than providing false-clean data. Blocked surfaces do not constitute a service failure entitling a refund.

6. Monitoring methodology

MarginSonar monitors publicly accessible web pages — pages that require no login, authentication, or subscription to view. We do not access password-protected areas, bypass paywalls, or circumvent access controls. Our methodology is consistent with the principles established in public-web data access case law (including hiQ Labs, Inc. v. LinkedIn Corp., 9th Cir. 2022).

Customers are responsible for ensuring their use of MarginSonar intelligence complies with their own legal and contractual obligations, including any agreements with retailers or resellers.

7. Intellectual property

The MarginSonar platform, website, brand, and underlying software are owned by MarginSonar and protected by applicable intellectual property laws. These Terms do not grant you any ownership interest in the Service or its underlying technology.

Raw third-party pricing data observed from public pages remains the property of the respective retailers and is not claimed by MarginSonar.

8. Disclaimer of warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, OR NON-INFRINGEMENT. MARGINSONAR DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT ANY SPECIFIC RESULT WILL BE ACHIEVED FROM USE OF THE SERVICE.

MARGINSONAR MAKES NO WARRANTIES REGARDING THE COMPLETENESS OR ACCURACY OF PRICE, PROMOTIONAL, OR STOCK DATA CAPTURED FROM THIRD-PARTY WEBSITES. ALL DATA IS PROVIDED FOR INFORMATIONAL AND COMMERCIAL INTELLIGENCE PURPOSES ONLY.

9. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MARGINSONAR BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST REVENUE, LOSS OF DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE, EVEN IF MARGINSONAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

MARGINSONAR'S TOTAL AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU TO MARGINSONAR IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for certain types of damages. In such jurisdictions, the above limitations apply to the extent permitted by law.

10. Indemnification

You agree to indemnify, defend, and hold harmless MarginSonar from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in any way connected with: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any third-party rights; or (d) any claim that your use of MarginSonar outputs caused damage to a third party.

11. Termination

Either party may terminate the Service relationship at any time. MarginSonar may suspend or terminate your access immediately if you materially breach these Terms. Upon termination, your right to access the Service ceases. Provisions of these Terms that by their nature should survive termination (including Sections 5, 8, 9, 10, and 12) will survive.

12. Governing law and disputes

These Terms are governed by and construed in accordance with the laws of the United States and, to the extent applicable, the laws of the state where MarginSonar is primarily operated, without regard to conflict of law provisions.

Before initiating any formal proceeding, you agree to contact us at hello@marginsonar.com and attempt to resolve the dispute informally for at least 30 days. If informal resolution fails, disputes shall be resolved by binding arbitration under the American Arbitration Association Commercial Arbitration Rules, with proceedings conducted in English. The arbitration award shall be final and binding.

You waive any right to participate in a class-action lawsuit or class-wide arbitration against MarginSonar.

13. Changes to terms

We may update these Terms from time to time. If we make material changes, we will update the effective date and notify active pilot customers by email at least 7 days before the changes take effect. Continued use of the Service after the effective date constitutes acceptance of the revised Terms.

14. Entire agreement

These Terms, together with our Privacy Policy at marginsonar.com/privacy, constitute the entire agreement between you and MarginSonar regarding the Service and supersede all prior understandings, whether written or oral, relating to the subject matter herein.

15. Contact

Questions about these Terms? Email us at hello@marginsonar.com.