Terms of Use

1. Acceptance of Terms

These Terms of Use ("Terms") are an agreement between you and Flashpricer LLC ("Flashpricer," "Company," "we," "us," or "our"). They govern your access to and use of www.flashpricer.com, app.flashpricer.com, and all related content, software, browser extensions, applications, APIs, Model Context Protocol ("MCP") servers, integrations, widgets, and services we offer (collectively, the "Services").

By creating an account, clicking to accept these Terms, or using the Services, you agree to these Terms and to our Privacy Policy at https://www.flashpricer.com/privacy-policy, which is incorporated by reference. If you accept these Terms on behalf of a business or other entity, you represent that you have authority to bind that entity, and "you" refers to that entity. If you do not agree, do not use the Services.

2. Eligibility

The Services are offered for business use only. You must be at least 18 years old (or the age of majority where you are located) and able to form a binding contract. The Services are available to businesses selling on the Marketplaces and regions we support, as listed on our website, which currently include Amazon marketplaces in the United States, Canada, Mexico, the United Kingdom, and the European Union, and Walmart in the United States. You are responsible for complying with the laws that apply to your business in each country where you sell. By using the Services, you represent that you meet these requirements.

3. Changes to These Terms

We may revise these Terms from time to time. If we make material changes, we will notify you by email to the address on your account or by notice in the Services at least fifteen (15) days before the changes take effect, unless the changes are required by law or by a Marketplace (defined below), in which case they may take effect sooner. Non-material changes take effect when posted. Changes to Section 27 (Arbitration) will not apply to any dispute of which either party had actual notice before the change was posted. Your continued use of the Services after changes take effect means you accept them.

The Services may include software that runs on your computer, browser, or device. We may update that software automatically, and these Terms apply to all updates.

4. Accounts and Security

You must provide accurate, current, and complete information when you register and keep it updated. You are responsible for all activity under your account, including activity by your employees, contractors, and any automated tools or AI agents you connect to your account.

You must keep your login credentials, API keys, and access tokens confidential. You may permit your employees and contractors to access your account only through user seats provided by the Services, and you are responsible for their compliance with these Terms. Notify us immediately at success@flashpricer.com of any unauthorized access or security breach.

We may suspend or disable any account, credential, or access token at any time if we reasonably believe it has been compromised or used in violation of these Terms.

5. Subscriptions, Add-Ons, and Billing

Plans and add-ons. The Services are offered through subscription plans and optional paid add-on features ("Add-Ons"), each with the fees, limits, and features shown at checkout or on our pricing page. Add-Ons are billed in addition to your base plan unless stated otherwise. Plan limits (such as listing counts, sales channels, or user seats) apply as described for your plan.

Billing and auto-renewal. Subscriptions and Add-Ons renew automatically at the end of each billing period (monthly or annual, as selected) and are charged to your payment method on file until you cancel. You authorize us and our payment processor to charge all applicable fees and taxes. Fees are in U.S. dollars unless stated otherwise and exclude taxes (including sales tax, VAT, and GST), which you are responsible for.

Price changes. We may change the price of any plan or Add-On. We will notify you at least thirty (30) days before a price increase takes effect for your existing subscription. The new price applies starting with your next billing period after the notice period. If you do not agree, you may cancel before the new price takes effect. Prices locked by an annual prepayment will not increase until renewal.

Upgrades, downgrades, and cancellation. You may upgrade, downgrade, or cancel your plan or any Add-On in your account settings. Upgrades take effect immediately and may be prorated. Downgrades and cancellations take effect at the end of the current billing period. It is your sole responsibility to manage your subscription.

No refunds. Except where required by law or expressly stated in these Terms, all fees are non-refundable, and there are no refunds or credits for partial billing periods, downgrades, unused features, or listings, including when a feature is suspended or discontinued under Section 9 or Section 11.

Failed payments. If a payment fails, we may suspend the Services, including repricing, until payment is made. Suspension may leave your listing prices unmanaged, and you are responsible for any results of that.

Trials. Free trials last for the period stated at signup. Unless you cancel before the trial ends, your subscription will start and you will be charged automatically. We may limit trials to one per business and may end a trial if we detect abuse.

6. Chargebacks

If you dispute a valid charge with your card issuer instead of contacting us, we may suspend your account and recover the disputed amount plus reasonable collection costs. Please contact success@flashpricer.com first with any billing question.

7. The Services and Marketplaces

Flashpricer provides software that helps sellers manage pricing, monitor competition, analyze sales, and take related actions on third-party marketplaces such as Amazon and Walmart (each a "Marketplace"). You connect your Marketplace seller accounts to the Services through Marketplace-provided authorization and APIs.

You remain solely responsible for your Marketplace accounts, listings, prices, inventory, fulfillment, customer service, taxes, and compliance with every Marketplace's agreements, policies, and program terms. Flashpricer has no control over and is not responsible for Marketplace decisions, including suspensions, listing removals, Buy Box eligibility, fee changes, pricing-error enforcement, intellectual property complaints, or policy changes. You agree to hold Flashpricer harmless from any such Marketplace action.

8. Repricing

The Services let you create rules and strategies, including minimum and maximum prices, that automatically change your listing prices ("Repricing"). Using Repricing is your choice, and you control your strategy settings. You are responsible for setting appropriate minimum and maximum prices and reviewing your strategies.

Repricing depends on data from Marketplaces and third parties that may be delayed, incomplete, or inaccurate. Price changes may be delayed or rejected by a Marketplace. We do not guarantee any sales volume, Buy Box share, ranking, margin, or profit. To the fullest extent permitted by law, we are not liable for any loss resulting from prices calculated, recommended, or submitted through the Services, including prices submitted based on your settings or on inaccurate data.

9. Marketplace Incentive Programs (including Walmart Funded Incentives)

Overview. Some Marketplaces run programs that affect the price shown to customers or the fees you pay, such as Walmart's price incentive programs (including Walmart-funded incentives and reduced referral fee incentives) ("Incentive Programs"). Certain features, including our Walmart Funded Savings optimization Add-On ("Incentive Features"), are designed to help you manage your prices in relation to these programs.

Marketplace control. Each Incentive Program is created, operated, and governed solely by the Marketplace under its own terms. The Marketplace decides, in its sole discretion, which items are eligible, the amount and duration of any incentive, target or threshold prices, and whether to change, suspend, or end the program. Flashpricer is not a party to any Incentive Program and is not affiliated with or endorsed by the Marketplace in connection with it.

No guarantee. We do not guarantee that any item will be or remain eligible for an incentive, that any incentive or reduced fee will be applied, or any resulting sales, margin, or savings. Incentive data comes from Marketplace APIs and may be delayed or inaccurate.

Your authorization and responsibility. By enabling an Incentive Feature, you authorize Flashpricer to read your Incentive Program data and, as configured by you, to adjust your item prices and take available program actions on your behalf through Marketplace APIs, which may include enrolling or unenrolling items or changing program settings. You are responsible for reviewing and complying with each Incentive Program's terms. You understand that:

pricing above a Marketplace's target or threshold price may cause an incentive or reduced fee to stop applying;
when an incentive ends, the Marketplace may not restore your prior price, and your item may remain at the incentive price until changed;
program-level settings may affect your entire catalog; and
your minimum and maximum prices and other strategy settings remain your responsibility.

Suspension of Incentive Features. We may modify, pause, limit, or discontinue any Incentive Feature at any time, including at the request or requirement of a Marketplace, to comply with Marketplace terms or law, or to protect the integrity of our Marketplace integrations. If we discontinue a paid Incentive Feature permanently, we will stop billing for it going forward. Temporary pauses do not entitle you to a refund or credit.

10. AI Features, MCP, and Automated Agents

AI features. The Services may include features that use artificial intelligence to generate analyses, recommendations, strategies, or other content ("AI Output"). AI Output may be inaccurate, incomplete, or unsuitable for your business. You are responsible for reviewing AI Output before relying on it or applying it to your listings.

MCP and API access. We may let you connect the Services to third-party AI assistants and agents (for example, through an MCP server) or access them through an API ("Agent Access"). Agent Access is authorized use of the Services, subject to these Terms, any documentation, and any rate limits we set.

Responsibility for agent actions. Any action taken through your account by an AI agent, script, or tool you connect, including pushing prices, changing strategies, enabling or disabling repricing, running bulk updates, or creating reports, is treated as an action taken by you. You are responsible for configuring and supervising those tools. The third-party AI provider you choose is governed by its own terms, and we are not responsible for its outputs or how it handles data you share with it.

11. Third-Party Services and Integrations

The Services connect to Marketplaces and other third-party products, services, APIs, and data feeds ("Third-Party Services"). Your use of Third-Party Services is governed by their own terms, and we do not endorse and are not responsible for them. By connecting a Third-Party Service, you authorize us to access, send, and receive data and take actions in that service on your behalf as needed to provide the Services.

Third-Party Services may experience outages, slowdowns, rate limits, or changes. Marketplaces may change or revoke API access or require changes to how we operate. We may modify, suspend, or discontinue any integration or feature for these reasons without liability. We are not responsible for delays, errors, or losses caused by Third-Party Services.

12. License to Use the Services

Subject to these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services during your subscription for your internal business purposes of managing your own Marketplace seller accounts (or, if you are an authorized agency or service provider, the accounts of clients who have authorized you).

You may not: (a) copy, modify, or create derivative works of the Services; (b) reverse engineer, decompile, or attempt to extract source code or algorithms, except as permitted by law; (c) resell, sublicense, rent, or provide the Services to third parties as a service bureau; (d) access the Services to build a competing product or to benchmark for competitive purposes; or (e) remove or alter any proprietary notices.

13. Intellectual Property

The Services and all content, software, algorithms, features, designs, text, graphics, and their selection and arrangement are owned by Flashpricer or its licensors and are protected by copyright, trademark, patent, trade secret, and other laws. All rights not expressly granted to you are reserved. If you breach these Terms, your right to use the Services ends immediately.

If you send us suggestions or feedback, we may use them without restriction or compensation to you.

14. Trademarks and No Affiliation

"Flashpricer," the Flashpricer logo, and related names, logos, product and service names, designs, and slogans are trademarks of Flashpricer LLC. You may not use them without our prior written permission.

Amazon, Walmart, and other Marketplace names and marks are trademarks of their respective owners. Flashpricer LLC is not affiliated with, sponsored by, or endorsed by Amazon.com, Inc., Walmart Inc., or any other Marketplace or supplier, except as expressly stated in writing by that party. Participation in Marketplace events, webinars, or partner listings does not mean the Marketplace endorses the Services.

15. Your Data

Ownership. As between you and us, you own the data you provide or that we retrieve from your connected Marketplace accounts on your behalf, such as listings, prices, orders, inventory, and settings ("Customer Data").

License to us. You grant us a non-exclusive, worldwide, royalty-free license to access, collect, store, process, and use Customer Data to provide, maintain, secure, support, and improve the Services, and as described in our Privacy Policy.

Aggregated data. We may create and use aggregated or de-identified data derived from Customer Data and use of the Services, such as pricing trends and performance benchmarks, for any lawful purpose, provided it does not identify you or any individual and is used consistent with applicable Marketplace data-use policies.

Marketplace data rules. We handle data obtained through Marketplace APIs in accordance with the applicable Marketplace data protection and API policies. This may limit how long we retain certain data, including personal information of your customers. When you disconnect a Marketplace account or close your Flashpricer account, we will delete or de-identify Customer Data obtained from that Marketplace within the period those policies require, except where retention is required by law.

Your responsibilities. You represent that you have the rights and permissions needed for us to process Customer Data as described in these Terms.

International data protection. The Services do not request or store personal information of Marketplace buyers, such as names, addresses, or contact details. You agree not to upload or send us buyer personal information. Personal information about you and your users (such as account names and email addresses) is handled as described in our Privacy Policy, including any rights you have under the EU or UK General Data Protection Regulation, Canada's PIPEDA, Mexico's federal personal data protection law, or similar laws.

Browser extension. If you install a Flashpricer browser extension, it may collect page data from supported Marketplace pages, along with device and diagnostic information, to provide and troubleshoot the Services, as described in our Privacy Policy.

16. Prohibited Uses

You may use the Services only for lawful purposes and in accordance with these Terms. You agree not to:

violate any law or regulation, including export control laws, or any Marketplace agreement or policy;
use the Services to engage in price fixing, coordinated pricing with competitors, or other anticompetitive conduct;
impersonate any person or entity, or misrepresent your affiliation with any person or entity;
send spam or unsolicited promotional material;
access the Services through bots, scrapers, crawlers, or other automated means, except through the APIs, MCP servers, browser extensions, and integrations we provide, used within our documentation and rate limits;
copy, monitor, or scrape content or data from the Services, except your own Customer Data through features we provide;
interfere with, overburden, or disrupt the Services, servers, or networks, including through denial-of-service attacks;
introduce viruses, malware, or other harmful code;
attempt to gain unauthorized access to the Services, other accounts, or connected systems, or bypass security or usage limits;
share accounts or credentials outside of authorized user seats; or
use the Services in any way that exploits or harms minors, or that could harm Flashpricer, its users, or its Marketplace relationships, or expose them to liability.

17. User Contributions

The Services may include features that let you post or submit content, such as reviews, community posts, support messages, or comments ("User Contributions"). User Contributions are not Customer Data. User Contributions are non-confidential. You grant us and our affiliates, service providers, licensees, successors, and assigns a non-exclusive, worldwide, royalty-free, perpetual license to use, reproduce, modify, display, and distribute your User Contributions in connection with operating and promoting the Services.

You represent that you own or control all rights in your User Contributions, and that they comply with these Terms. You are solely responsible for your User Contributions.

18. Monitoring, Enforcement, and Termination

We may, but are not required to: remove or refuse any User Contribution for any or no reason; take any action we consider appropriate regarding any User Contribution or use of the Services; disclose your identity or information to a third party who claims your material violates their rights, or as required by law or court order; take legal action, including referral to law enforcement; and suspend or terminate your access to all or part of the Services at any time for violation of these Terms, non-payment, risk to our Marketplace integrations, or as required by law or a Marketplace.

You waive and hold harmless Flashpricer and its affiliates, licensees, and service providers from any claims resulting from actions taken by any of them during, or as a result of, investigations by Flashpricer or law enforcement.

You may close your account at any time. On termination, your license ends, Repricing and other automated actions stop, and your listing prices remain at their last values until you change them. Sections that by their nature should survive termination will survive, including Sections 5 (as to amounts owed), 13–15, and 22–32.

19. Content Standards

User Contributions must comply with applicable law and must not:

contain material that is defamatory, obscene, abusive, harassing, violent, hateful, or otherwise objectionable;
promote sexually explicit material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
infringe any intellectual property or other right of any person;
violate the privacy or publicity rights of others;
be likely to deceive any person, or promote any illegal activity; or
impersonate any person or falsely suggest endorsement by us or any other person or entity.

20. Reliance on Information

Information provided through the Services, including our website, blog, help articles, webinars, and AI Output, is for general information only. We do not warrant its accuracy, completeness, or usefulness, and any reliance on it is at your own risk. Content provided by third parties reflects their views, not ours. Our website content may be out of date at any time, and we have no obligation to update it.

You may link to our homepage in a way that is fair and legal and does not damage or take advantage of our reputation, and does not suggest any association, approval, or endorsement by us without our written consent. You may not frame our website or deep link to it in a misleading way. We may withdraw linking permission at any time.

The Services may contain links to third-party websites, including advertisements. We have no control over them and are not responsible for them or for any loss arising from your use of them. You access them at your own risk.

22. Disclaimer of Warranties

YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, AI OUTPUT, AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY LAW, FLASHPRICER DISCLAIMS ALL WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, SECURE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

ALL CALCULATIONS, RECOMMENDATIONS, ESTIMATES, AND PRICES GENERATED BY THE SERVICES ARE ALGORITHMIC ESTIMATES. WE DO NOT GUARANTEE ANY EARNINGS, SALES, BUY BOX SHARE, MARGIN, MARKETPLACE INCENTIVE, OR FEE SAVINGS. EXAMPLES AND CASE STUDIES ARE NOT A PROMISE OF RESULTS.

You are responsible for maintaining your own antivirus protection and backups. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above may not apply to you.

23. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL FLASHPRICER, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF REVENUE, PROFITS, SALES, BUSINESS, GOODWILL, DATA, MARKETPLACE INCENTIVES, OR ANTICIPATED SAVINGS, OR FOR ANY MARKETPLACE SUSPENSION OR ACCOUNT ACTION, ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS, UNDER ANY LEGAL THEORY (INCLUDING NEGLIGENCE), EVEN IF FORESEEABLE OR ADVISED OF THE POSSIBILITY.

TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE FEES YOU PAID TO FLASHPRICER IN THE THREE (3) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

These limitations do not affect liability that cannot be limited under applicable law.

24. Release

Flashpricer has no obligation to become involved in disputes between you and other users, Marketplaces, or third parties. To the maximum extent permitted by law, you release Flashpricer and its officers, employees, agents, and successors from all claims, known or unknown, arising out of or related to such disputes. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."

25. Indemnification

You agree to defend, indemnify, and hold harmless Flashpricer, its affiliates, licensors, and service providers, and their respective officers, directors, employees, contractors, agents, successors, and assigns from any claims, liabilities, damages, judgments, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your violation of these Terms; (b) your use of the Services, including actions taken by your users or connected AI agents; (c) your Marketplace accounts, listings, products, and prices; (d) your violation of any Marketplace agreement, Incentive Program terms, or law; or (e) your Customer Data or User Contributions.

26. Governing Law and Jurisdiction

These Terms and any dispute arising out of or relating to them or the Services are governed by the laws of the State of New Jersey, without regard to conflict-of-law rules. Subject to Section 27, any legal action must be brought exclusively in the state or federal courts located in New Jersey, and you consent to their jurisdiction and venue. We may also bring an action for breach of these Terms in your place of residence or business.

27. Arbitration and Class Action Waiver

Any dispute arising out of or relating to these Terms or the Services will be resolved by final and binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, before a single arbitrator, seated in Bergen County, New Jersey, applying New Jersey law. Judgment on the award may be entered in any court with jurisdiction. Either party may bring an individual claim in small claims court, or seek injunctive relief in court to protect its intellectual property or confidential information.

Class action waiver. You and Flashpricer agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any class, collective, or representative proceeding. If this waiver is found unenforceable, this Section 27 (other than this sentence) will not apply, and the dispute will proceed in court under Section 26.

28. Limitation on Time to File Claims

ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CLAIM ACCRUES; OTHERWISE IT IS PERMANENTLY BARRED.

29. Geographic Restrictions

Flashpricer is based in New Jersey, United States, and supports the Marketplaces and regions listed on our website. We make no claim that the Services are appropriate or available for any other country or marketplace. If you use the Services from or for a country or marketplace we do not support, you do so on your own initiative and are responsible for complying with local laws.

30. Waiver, Severability, and Assignment

No waiver of any term is a further or continuing waiver of that or any other term, and our failure to enforce a right is not a waiver of it. If any provision is held invalid or unenforceable, it will be limited or eliminated to the minimum extent necessary, and the rest of these Terms remain in effect. You may not assign these Terms without our written consent. We may assign them in connection with a merger, acquisition, or sale of assets.

31. Entire Agreement

These Terms, our Privacy Policy, and any order form or plan terms presented at purchase are the entire agreement between you and Flashpricer regarding the Services and supersede all prior understandings. If an order form signed by both parties conflicts with these Terms, the order form controls for that order.

32. Contact

The Services are operated by Flashpricer LLC, Englewood, NJ 07631.

Questions, feedback, technical support requests, and legal notices should be sent to: success@flashpricer.com.