Individual Entrepreneur Koch Roman Alexandrovich (hereinafter referred to as the "Contractor" or "Rightsholder") publishes this Terms of Service (Offer) regarding the granting of the right to use the "Market Ninja" software.
In accordance with Article 437 of the Civil Code of the Russian Federation, this document is a public offer, and upon acceptance of the conditions set forth below, the person performing the acceptance of this offer becomes the "User".
1. Terms and Definitions
1.1. Software / Service — the computer program (browser extension) "Market Ninja", the exclusive rights to which belong to the Contractor.
1.2. Tariff — the cost of the right to use the Software for a specific period (1, 3, or 12 months), indicated on the website or in the Software interface.
1.3. Subscription (Recurring Payments) — a payment method where payments for the use of the Software are automatically debited from the User's bank card at specified intervals.
1.4. API (Application Programming Interface) — an interface allowing the User to access the Service's aggregated database through automated requests from their own servers. Access is granted via a secret API key.
1.5. Aggregated Database — the body of data on products, prices, and sellers compiled by the Service, including through crowdsourcing (the automatic transmission of public data from extension users).
2. Subject of the Agreement and Acceptance
2.1. The Contractor grants the User a personal, non-transferable right to use (a simple non-exclusive license) the "Market Ninja" Software within its functionality worldwide.
2.2. Acceptance (full and unconditional agreement) of this Agreement is considered to be the combination of the following actions by the User:
- Authorization in the Software using a Yandex account or by email (using a one-time password/code or a magic link);
- Payment of the selected Tariff via the payment gateway (for Premium access).
2.3. Identification occurs via Yandex OAuth tokens or via one-time codes/links sent to the User's email address. In either case, the User does not create a login and password, nor are they transmitted to the Contractor.
2.4. When using the Site and (or) the Software, the Service automatically processes anonymized technical data and cookies for the purposes of ensuring proper operation, evaluating feature effectiveness, and security — in the manner established by the Privacy Policy.
3. Cost, Subscription, and Refunds
3.1. The right to extended use of the Software is provided on a paid basis according to the Tariffs. No VAT is charged. Payment is made by non-cash method via the YooKassa internet acquiring service (bank card, SBP, and other electronic payment methods). The Contractor does not store bank card data; processing is handled by a certified provider.
For legal entities and individual entrepreneurs, payment by invoice (non-cash bank transfer) is also available. For invoice payments, access to the Software is granted for a fixed paid period without automatic renewal (Recurring Payments are not activated in this case).
A link to the electronic tax receipt (NPD) is provided to the User in the Software's personal dashboard and/or sent to the email address specified by the User.
3.2. Automatic Renewal: By paying the Tariff via bank card, SBP, or another electronic payment method (excluding invoice payments for legal entities and individual entrepreneurs), the User gives consent to the unaccepted debiting of funds to automatically renew access to the Software (Recurring Payments). The debit occurs on the last day of the currently paid period. Making any new payment via the electronic methods listed above constitutes acceptance of the recurring payment terms and re-activates automatic renewal, even if it was previously disabled by the User.
3.3. Cancellation: The User may cancel the subscription (automatic renewal) at any time via the extension interface or on the website. Upon cancellation, charges stop, and access is maintained until the end of the already paid period.
3.4. Refunds: Refunds for the current (already paid) period of acceptable quality are not provided. A refund is possible exclusively in the event of technical inoperability of the Software due to the Contractor's fault, provided the issue was not resolved within 5 (five) business days after receiving a request to the support team. The review period for a refund request is 10 business days.
4. Crowdsourcing and Data Rights
4.1. By using the Extension, the User agrees that publicly available marketplace data they collect from open sources (information about products, prices, sellers, and reviews) is transmitted to the Contractor's servers in the background.
4.2. The User grants the Contractor, free of charge, a non-exclusive right to use, store, process, modify, and distribute (including on a commercial basis via the API) the data transmitted in this manner.
4.3. Exclusive rights to the resulting Aggregated Database belong to the Contractor.
5. Restrictions and Acceptable Use Policy
The User is strictly prohibited from (and must not allow third parties to):
5.1. Reverse engineer, disassemble, decompile, decrypt, or otherwise attempt to derive the source code of the Software.
5.2. Modify, create derivative works, or use the Software for purposes that compete with the commercial interests of the Rightsholder.
5.3. Rent, lease, sell, sublicense, or transfer the Software to third parties.
5.4. Use the Software to create a critical (DDoS) load on the servers of target marketplaces (Wildberries, Ozon, Lamoda, etc.) or perform any actions that violate applicable laws.
5.5. Share their secret API key with third parties, publish it publicly, or sell access to the Service's API.
5.6. Attempt to circumvent the established limits on the number of API requests (rate limits) or the daily data volume quota (data quota).
6. Disclaimer
6.1. "As Is" Provision: The Software is provided on an "as is" basis, with all faults, without any warranties. The Contractor does not guarantee that the Software will meet all User expectations or operate error-free.
6.2. Dependence on Third-Party Platforms: The Contractor is not liable for the User's losses or lost profits arising from temporary or permanent inoperability of the Software caused by changes in algorithms, APIs, or layouts on marketplace websites (Wildberries, Ozon, Lamoda, etc.).
6.3. Risk of Account Blocking: The User acknowledges that the use of automated data collection tools (parsers) may violate the internal rules of third-party platforms. The Contractor is not responsible for possible sanctions, shadow bans, or complete blockings of the User's accounts (seller or buyer) by marketplaces.
6.4. Browser Disclaimer: The Software is created independently and is not affiliated with Google. The Contractor does not guarantee that the Software will remain compatible with future versions of the Google Chrome browser.
6.5. Limitation of Liability: Under no circumstances shall the Contractor be liable for any indirect damages or data loss. Liability for any claims is limited to the amount paid by the User for the last reporting period (month of use).
6.6. API and Webhooks Specifics: Access to the API and Webhooks is provided "as is." The Contractor does not guarantee 100% API uptime (availability) and is not liable for disruptions to the User's business processes arising from API unavailability, delays in Webhook notification delivery, or inaccuracies in the Aggregated Database's data.
7. Intellectual Property and Trade Secrets
7.1. The Software is licensed, not sold. Koch Roman Alexandrovich retains all rights, titles, and interests in and to the Software.
7.2. Algorithms, data structures, and scraping logic are considered trade secrets. Any unauthorized access to them is a direct violation of this Agreement.
8. Term and Termination
8.1. The Agreement comes into effect upon Acceptance and remains valid until terminated.
8.2. The User's rights are automatically terminated without notice in case of violation of any terms of this Agreement. Upon termination, the User must cease using the Software.
8.3. The Contractor has the right to amend the text of the Agreement. The new version comes into effect upon publication on the website. Continued use of the Software constitutes acceptance of the changes.
9. Contractor Details
- IE Koch Roman Alexandrovich
- TIN (INN): 772481359703
- OGRNIP: 326774600417341
- Email: support@marketninja.ru
- Website: https://www.marketninja.ru
- Telegram: https://t.me/getmarketninja
