Terms & Conditions

The service is provided by Proxima SRL, with registered office in Italy, share capital EUR 35,000 fully paid in, VAT number as indicated on the website (hereinafter "Proxima" or the "Provider").

Pharma Price Tracker is a B2B software service for monitoring publicly displayed prices and availability of pharmaceutical and parapharmaceutical products on e-commerce websites, marketplaces, and comparable channels, as configured in the customer's subscription plan.

The service provides market intelligence, dashboards, exports, and optional integrations. It does not replace the customer's commercial, pricing, or regulatory decisions.

The service, including the badge, reports and any informational output, does not constitute legal, tax or regulatory advice, nor a guarantee of regulatory compliance. Fulfilment of the obligations concerning price-reduction announcements (including Directive (EU) 2019/2161 and Article 17-bis of the Italian Consumer Code), commercial communications and consumer protection remains the sole responsibility of the customer, who is required to validate the use of the service outputs with its own advisors.

Access is reserved for legal entities and professionals acting in a business capacity. Registration requires a valid business email, verification of identity, and creation or selection of an organization profile.

The customer is responsible for credentials, authorized users, and any activity carried out under its account.

Plans, limits, and pricing are described on the website or in a commercial proposal. Unless otherwise agreed in writing, fees are billed in advance according to the selected billing cycle and are exclusive of applicable taxes.

Failure to pay may result in suspension or termination of access. Changes to published plans do not affect active contracts until renewal, unless otherwise agreed.

Any refunds in the event of service malfunction shall apply only to the days of actual malfunction, calculated on a pro-rata basis relative to the subscription period already paid.

The customer may use the service only for internal business purposes, in compliance with applicable law, competition rules, and any contractual restrictions agreed with Proxima.

It is forbidden to resell, sublicense, scrape the platform itself, attempt unauthorized access, interfere with service operation, or use outputs in ways that violate third-party rights or regulatory obligations.

With reference to the badge, the customer is further prohibited from altering, manipulating or concealing its informational content, from modifying its texts outside the customisation parameters made available by Proxima, from displaying it in association with prices, products or conditions other than those covered by the survey, or from employing it in a manner liable to mislead end users. Breach of this article entitles Proxima to immediately suspend the service, without prejudice to any further remedy available at law or under contract.

Market data is collected from publicly accessible sources and processed with automated methods. Proxima does not guarantee completeness, timeliness, or error-free extraction for every product, channel, or competitor.

The customer remains solely responsible for validating information before adopting pricing, assortment, or commercial decisions.

The customer acknowledges and accepts that price and availability surveys are ordinarily carried out on a weekly basis; consequently, during the intervals elapsing between successive surveys, discrepancies, misalignments or divergences may arise between the values represented by the service and those actually applied by the monitored operators, without this constituting a contractual breach or grounds for any claim for damages, indemnity or restitution whatsoever. Latency levels lower than the ordinary cadence may be ensured exclusively with respect to affiliated sites that make available to Proxima a data feed updated in real time, compliant with the technical specifications agreed upon from time to time, it being understood that, in the absence of such feed, no further guarantee of timeliness may be invoked.

The installation, activation or in any case the use, by the customer or by third parties appointed by the same, of the component referred to as the badge, including the snippets, scripts and markers made available by Proxima for such purpose, entails, as a constitutive and essential element of the provision of the related functionality, the customer's consent to the detection, collection, recording and retention, by Proxima, of telemetric data and events concerning the performance of the displayed products and the effectiveness of the badge itself, including, by way of example and without limitation, impressions, views, interactions and conversion events. It is understood that Proxima is entitled to process and use the aforesaid data in anonymous and aggregated form, in accordance with technical and organisational arrangements suitable to exclude the traceability thereof to the individual e-commerce operation, for statistical, benchmarking and service-improvement purposes, as well as for feeding and delivering further functionalities of the platform, without any obligation of consideration, reporting or prior notice in favour of the customer arising therefrom.

The badge constitutes an automated informational element made available to the customer and displayed on the customer's website under the customer's exclusive editorial responsibility. Proxima is and remains extraneous to any contractual, pre-contractual or consumer relationship between the customer and the end users of the website, does not assume the capacity of party, intermediary, auxiliary or guarantor in the related transactions, and provides no warranty, express or implied, in favour of such end users.

The indications conveyed by the badge are of a purely informational nature and are based on automated surveys carried out according to the cadences referred to in Section 6, as well as on the data made available by the customer or by its website (including prices, shipping costs and structured data), for whose correctness, currency and completeness the customer is solely responsible. Any complaint by end users concerning prices, availability, conditions of sale or order fulfilment shall be addressed exclusively to the customer, as sole owner of the offer to the public.

The badge operates without profiling cookies or persistent identifiers of end users; the technical events collected are processed in accordance with Section 6. These Terms do not constitute a contract in favour of third parties: no right, action or claim arises therefrom in favour of end users against Proxima.

The platform, software, interfaces, documentation, and proprietary models remain the exclusive property of Proxima or its licensors.

The customer receives a limited, non-exclusive, non-transferable right of use for the duration of the active subscription.

Any suggestions, reports or improvement proposals submitted by the customer may be freely used by Proxima, without any obligation of consideration, acknowledgement or restitution, including through their permanent incorporation into the service.

Each party shall protect the other party's confidential information and use it only for contract performance.

Processing of personal data is governed by the Privacy Policy. Where the customer uploads or connects business data, the parties may execute additional data processing terms if required by applicable law.

The service is provided on an "as is" and "as available" basis, within the limits permitted by law. Proxima is not liable for indirect damages, loss of profit, or business interruption arising from use or inability to use the service.

Any liability of Proxima is limited, to the maximum extent permitted, to the fees paid by the customer for the service in the twelve months preceding the event giving rise to the claim.

The customer undertakes to indemnify and hold harmless Proxima, its directors, employees, contractors and assignees from and against any claim, action, damage, penalty, cost or expense (including reasonable legal fees) raised by third parties, including end users and supervisory authorities, arising out of: (i) the use of the service or the badge in breach of these Terms or applicable law; (ii) the inaccuracy, incompleteness or lack of currency of the data, prices, feeds or configurations provided by the customer or present on its website; (iii) the commercial communications, pricing practices and any other conduct of the customer towards its own customers or third parties.

No liability of Proxima shall arise from: commercial, pricing or regulatory decisions taken by the customer on the basis of the service outputs; discrepancies attributable to the survey cadences referred to in Section 6; malfunctions resulting from changes to the customer's website, from incorrect installation or removal of the snippet, or from interventions by third parties not authorised by Proxima; as well as any event falling under Section 11. Only cases of liability that cannot be excluded by law remain unaffected.

Proxima may suspend the service in whole or in part, including without notice where security or urgency reasons so require, for scheduled or extraordinary maintenance, updates, prevention of abuse or fraud, orders of authorities, or risks to the integrity of the platform or the data. Proxima may also evolve, modify or discontinue individual non-essential features, notifying the customer where the change is substantially detrimental.

Proxima shall not be liable for delays or failures due to events beyond its reasonable control, including, by way of example and without limitation: unavailability, structural changes or anti-automation measures of the third-party websites subject to the surveys, network outages or degradations, measures of authorities, defaults of third-party suppliers (hosting, connectivity, cloud services), natural events, conflicts or unrest. In such cases Proxima's obligations shall be deemed suspended for the entire duration of the impeding event.

Any invalidity or ineffectiveness of individual clauses shall not affect the remaining provisions, which shall retain full force and effect; invalid clauses shall be deemed replaced by operation of law with valid provisions as close as possible to the original economic purpose. One party's tolerance of the other party's non-compliant conduct shall not constitute a waiver of rights nor a binding precedent. The customer may not assign the contract, in whole or in part, without Proxima's prior written consent; Proxima may assign it in the context of corporate transactions, transfers of business or intra-group arrangements.

Proxima may update these Terms by giving the customer at least thirty days' notice; the changes shall apply from the first subsequent renewal or, if favourable to the customer or required by law, from the date indicated in the notice. Provisions intended by their nature to survive termination of the contract (confidentiality, indemnification, limitations of liability, intellectual property, governing law and jurisdiction) shall remain effective thereafter. These Terms, together with the accepted commercial offer and the Privacy Policy, constitute the entire agreement between the parties and supersede any prior understanding.

The contract remains in force for the agreed subscription term and renews according to the selected plan unless terminated in accordance with the commercial terms.

These Terms are governed by Italian law. For business customers, the Court of Bologna, Italy shall have exclusive jurisdiction, unless mandatory rules provide otherwise.