Terms of Service

1. Services

Productbay provides a cloud-based, AI-powered product information management platform (the “Service”). You are responsible for all product data, content, and materials that you upload, import, generate, or otherwise process through the Service (“User Content”).

You retain ownership of your User Content. You grant Productbay a limited, non-exclusive license to host, process, and use such User Content solely to operate and improve the Service.

Productbay retains all rights, title, and interest in and to the Service and all related software, AI models, and intellectual property.

2. Use of Services

You may access and use the Service solely for your internal business purposes and in accordance with this Agreement. You are responsible for all activities conducted under your account.

3. Restrictions

You agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable laws.
• Modify, adapt, or hack the Service or modify another website to falsely imply that it is associated with our Service.
• Reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service without our express written permission.

4. Termination

We may suspend or terminate your access to the Service at any time, without notice, for conduct that we believe violates this Agreement or is harmful to other users of the Service, us, or third parties.

You are allowed to terminate your contract with 3 months’ prior notice before the upcoming renewal date. If this deadline is not met, the contract renews for a minimum of 12 months, unless stated otherwise in a custom contract or proposal made specifically by the Productbay team.

5. Disclaimer of Warranties

The Service is provided on an “as is” and “as available” basis. We disclaim all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose.

6. Limitation of Liability

In no event shall we be liable for any indirect, incidental, special, consequential, or punitive damages, including, without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from your access to or use of the Service.

7. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of Austria, without regard to its conflict of law principles.

8. AI Credits: Definition

An AI Credit is a unit of consumption for the AI-powered features of Productbay. The following overview shows the credit consumption per action.

Unused credits expire unless expressly agreed otherwise.

9. Contact Information

If you have any questions about this Agreement, please contact us at:

10. Individual Agreements and Proposal Overrides

Productbay may issue individual proposals, offers, or custom contracts (collectively “Proposals”) to specific customers. Where a Proposal explicitly deviates from or supplements provisions of these Terms of Service, the terms set out in the Proposal take precedence for that customer and engagement.

Provisions that may be individually agreed in a Proposal include, but are not limited to:

• Contract duration and minimum term
• Pricing, payment terms, and included AI Credits
• Implementation fees and onboarding conditions
• Notice periods for termination or renewal
• Custom SLA or support commitments
• Special integration or feature access

All other provisions of these Terms of Service remain in full force and effect unless explicitly superseded by the Proposal. In case of conflict between a Proposal and these Terms of Service, the Proposal governs.

Proposals are only valid if issued in writing and signed or formally accepted by an authorized representative of Productbay.