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Terms and Conditions of Use — Profit Bid

This Agreement governs the relationship between S.C. AXP GLOBAL RETAIL S.R.L., VAT: RO48715417, J02/1304/2023, Romania, with contact at office@profit-bid.com(“Profit Bid”, the Provider), and the customer (“Customer” or “you”).

Profit Bid provides a subscription-based analytics and profit optimization platform (the “Service”). By subscribing, you agree to be bound by these Terms and Conditions.

Profit Bid is based in Romania, and these Terms are subject to Romanian and EU law.

A. Customer Types

The Service is available to both:

  • Individuals (Consumers) (“B2C”)
  • Companies and Organizations (Business Customers) (“B2B”)

The Customer must provide accurate registration details at sign-up:

  • Full name (for individuals) / Company name (for businesses)
  • Valid email (account & billing)
  • Address, postal code, city, country
  • Phone number (optional)
  • VAT ID (mandatory for EU B2B reverse-charge invoices)

B. VAT and Billing Rules

Profit Bid applies VAT according to EU VAT Directive (2006/112/EC) and Romanian fiscal law:

  • Romania — Individuals (B2C): VAT of 21% is added.
  • Romania — Companies (B2B, with or without VAT ID): no VAT (exempt).
  • EU — Individuals (B2C): VAT charged at your local country rate under OSS (One Stop Shop).
  • EU — Companies with valid VAT ID (B2B): reverse charge (no VAT collected).
  • EU — Companies without VAT ID (B2B): VAT charged at your local country rate.
  • Non-EU (all customers): no VAT collected (export, exempt).

Invoices are issued electronically in accordance with Romanian Law no. 227/2015 (Fiscal Code).

C. Consumer Rights (Individuals only)

Right of Withdrawal (EU Directive 2011/83/EU, OUG 34/2014):

  • Consumers (B2C) have the right to withdraw within 14 days of purchase.
  • However, by subscribing and accessing the Service immediately, you acknowledge and consent that the Service is fully performed digitally, and therefore the withdrawal right may be waived once the subscription starts.
  • If you do not wish to waive your withdrawal right, you must refrain from using the Service until the 14-day period expires.

D. Account Terms

  • Customers are responsible for maintaining account security. Profit Bid is not liable for losses caused by compromised accounts.
  • Customers are responsible for compliance with local laws regarding their use of the Service.
  • Profit Bid may suspend or terminate accounts that abuse or misuse the Service.

E. Subscription, Billing & Cancellation

The Service is offered exclusively on a monthly prepaid subscription basis.

Payment is collected at the start of each billing cycle and covers the full subscription period.

Cancellations

  • You may cancel your subscription at any time through your account dashboard or by contacting Profit Bid support.
  • Cancellation takes effect at the end of the current prepaid period.
  • During this period, your subscription remains active and accessible until expiry.

No Refunds

Subscription fees are non-refundable, including for partial months, unused periods, or early cancellation. Refunds are granted only if required by applicable consumer law.

Subscription price changes

Profit Bid may change the recurring subscription price for the Service, where permitted by applicable law.

  • Notice: Profit Bid will notify you by email to the address associated with your account and/or through your customer account area, at least 30 days before the new price applies to your subscription.
  • What the notice will include: the previous recurring price, the new recurring price, and the effective date on which the new price will apply (typically on your next renewal after the notice period, and not retroactively to a billing period already paid, where required by law).
  • If you do not agree: you may turn off auto-renewal / cancel in accordance with the cancellation rules above, before the new price takes effect, so that your subscription does not renew at the new price.
  • If you continue the subscription after the effective date stated in the notice, your continued subscription may constitute acceptance of the updated recurring price for subsequent renewal periods, subject to applicable law.
  • New customers: promotional, introductory, or list prices shown at checkout may differ from prices applicable to existing subscribers.

F. Use of the Service

The Customer is granted a non-exclusive, limited license to use the Service.

Customers may not:

  • Reproduce, resell, sublicense, or exploit the Service without written permission.
  • Introduce malware, abuse API limits, or misuse the Service.
  • Misrepresent affiliation with Profit Bid.

Profit Bid reserves the right to suspend accounts engaged in unlawful or abusive use.

G. Data Protection (GDPR)

Both parties acknowledge obligations under Regulation (EU) 2016/679 (GDPR).

  • Profit Bid acts as a Data Processor, the Customer as Data Controller.
  • A Data Processing Agreement (DPA) forms part of these Terms (see profit-bid.com/dpa).
  • Profit Bid implements industry-standard security measures to protect Customer Data.

Storefront cookies, consent & CMP

The Customer is solely responsible for cookies, tracking technologies, and consent on the Customer’s own e-commerce website (including WooCommerce, Shopify, and other connected storefronts).

  • The Customer must publish an up-to-date privacy and cookie notice on the storefront and implement a consent mechanism (for example Complianz, Cookiebot, or an equivalent CMP) where required by applicable law (including the EU ePrivacy rules).
  • The Customer must classify, disclose, and manage Profit Bid integration cookies (such as wtrk_gclid, wtrk_pbid, wtrk_ad_user_data) in the Customer’s CMP and legal notices.
  • Profit Bid provides technical integration guides only. Profit Bid does not operate a cookie banner on the Customer’s store and does not provide legal advice.
  • The Customer must not enable Enhanced Conversions or marketing-consent settings in Profit Bid unless the Customer has a valid legal basis and, where required, has obtained visitor consent.

To the extent permitted by law, Profit Bid is not liable for the Customer’s failure to obtain consent, disclose cookies, or comply with GDPR, ePrivacy, or similar requirements on the Customer’s storefront.

H. Limitation of Liability

The Service is provided “as is” and “as available”.

Profit Bid does not guarantee uninterrupted or error-free operation.

Profit Bid’s liability is limited to the fees paid by the Customer in the last 12 months.

Profit Bid is not liable for:

  • Loss of data or revenue,
  • Errors in third-party services (e.g., WooCommerce, Shopify, Google Ads),
  • The Customer’s cookie banners, consent tools (CMP), or privacy compliance on the Customer’s storefront,
  • Force majeure events.

I. Governing Law and Jurisdiction

These Terms are governed by Romanian law.

  • For B2C (individual consumers): disputes may be settled before Romanian consumer protection authorities (ANPC) or competent Romanian courts.
  • For B2B (companies):disputes shall be settled before the competent courts at the Provider’s registered office.

J. Changes to Terms

Profit Bid may update these Terms with prior notice.

Continued use after changes constitutes acceptance of the updated Terms.

Price changes vs. Terms changes:changes to subscription pricing and the notice rules for pricing are governed by Section E (Subscription, Billing & Cancellation). If any update to these Terms conflicts with Section E regarding subscription pricing notices, Section E prevails for subscription pricing and billing notices, to the extent permitted by law.

K. Intellectual Property and Copyright

All source code, software modules, plugins, designs, documentation, and related intellectual property provided as part of the Profit Bid Service are and remain the exclusive property of S.C. AXP GLOBAL RETAIL S.R.L..

The Customer is granted a limited, non-exclusive, non-transferable license to use the Profit Bid platform and Service only for their own e-commerce store(s), subject to an active subscription.

Customers may not copy, reproduce, distribute, reverse-engineer, or modify the Profit Bid platform or any part of its source code without the Provider’s prior written consent.

Any unauthorized reproduction, sharing, or use of the Profit Bid platform code is considered an infringement of copyright under Law No. 8/1996 on Copyright and Related Rights (Romania) and relevant EU intellectual property laws, and will be subject to legal action and damages.

L. Contact

S.C. AXP GLOBAL RETAIL S.R.L.
CUI: RO48715417
Reg. No: J02/1304/2023
Email: office@profit-bid.com