Terms and Conditions
Last Updated: 13 June, 2023
These Terms and Conditions ("Terms", "Terms and Conditions") govern your relationship with https://scrapeops.io website (the "Service") operated by ScrapeOps Ltd ("us", "we", or "our").
Please read these Terms and Conditions carefully before using the Service.
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
Definitions
When used in these Terms with the initial letter capitalized, in addition to the terms defined elsewhere in these Terms, the following terms have the following meanings:
Account: means any accounts created by or on behalf of Subscriber or its Agents within the Service.
Affiliate: means, with respect to a Party, any entity that directly or indirectly controls, is controlled by, or is under common control with such Party, whereby “control” (including, with correlative meaning, the terms “controlled by” and “under common control”) means the possession, directly or indirectly, of the power to direct, or cause the direction of the management and policies of such person or Entity, whether through the ownership of voting securities, by contract, or otherwise.
Agent: means an individual authorized to use the Service through Your Account as an agent and/or administrator as identified through a unique login.
Agreement: means any of Our generated service invoices, statements of work, contracts, or agreements executed or approved by You with respect to Your subscription to a Service, which may detail, among other things, the Service Plan applicable to Your subscription to the Service.
API: means the application programming interfaces developed and enabled by ScrapeOps that permits You to access certain data provided by the Service.
Confidential Information: means all information (in written, graphic, oral or other tangible or intangible form) disclosed by a Party which a reasonable person would understand to be confidential given the nature of the information and circumstances of disclosure, including, but not limited to information relating to security policies and procedures, any scientific or technical information, invention, design, device, process, compilation of information, record, specification, procedure, formula, improvement, technology, code, software code, hardware or method, any concepts, reports, data, know how, works in progress, product developments, designs, development tools, specifications, computer software, source code, object code, flow charts, databases, inventions, financial information, customer information, and trade secrets shall be deemed Confidential Information. Notwithstanding the foregoing, Confidential Information shall not include information that (a) was already known to the receiving Party at the time of disclosure by the disclosing Party; (b) is or becomes generally available to the public other than by violation of these Terms or another valid agreement between the Parties; (c) was or is independently developed the receiving Party without use of the disclosing Party’s Confidential Information; or (d) is required to be disclosed pursuant to a valid court order, so long as it is disclosed under seal.
Data Protection Law: means all legislation and regulations relating to the protection of personal data, including (without limitation), the Data Protection Acts 1988-2018, as amended, revised, modified or replaced from time to time; the General Data Protection Regulation (Regulation (EU) 2016/679); and all other statutory instruments, industry guidelines (whether statutory or non-statutory) or codes of practice or guidance issued by a relevant Data Protection Commissioner relating to the processing of personal data or privacy or any amendments and re-enactments thereof.
Party: means any party to these Terms, including You, Your Agents, and/or ScrapeOps.
Personal Data: means personal data as defined under the applicable Data Protection Law.
Platform: means any platform or software service provided to You by ScrapeOps which You sign up to online through the self-service sign up functionality on the Site, including, but not limited to, online sign ups to ScrapeOps Proxy Aggregator, ScrapeOps Monitor, ScrapeOps Scheduler.
Process: means any operation or set of operations performed upon Personal Data, whether or not by automatic means, as defined in the applicable Data Protection Law. "Processes" and"Processing" shall be construed accordingly.
Screenshots: means the ScrapeOps API feature that allows You to capture a screenshot of the content on a webpage.
Service or Services: means any service provided to You by ScrapeOps, as applicable, that You have purchased or to which You have subscribed, whether made available to You on a trial, beta, free, or paid basis.
Service Data: means all data extracted from any website by You or Your Agents through a ScrapeOps Service, including Screenshots and data received through web scraping or crawling, software or platform services, API, or other mechanisms through the Service.
Service Plan(s): means the service plan(s), functionality, and services associated therewith for the Service, as applicable, to which You subscribe.
Site: means scrapeops.io, as well as any other websites that ScrapeOps operates.
Software: means software provided to You by ScrapeOps (either by download or access through the internet) that allows You or Your Agents to use any function in connection with the applicable Service.
Subscription Term: means the period during which You have agreed to subscribe to the ScrapeOps Service.
“We,” “Us” or “Our”: means ScrapeOps.
“You”,“Your” or “Subscriber”: means the individual, legal entity or their Affiliate licensing the Software or using Our Service.
ScrapeOps: means ScrapeOps Limited, an Irish limited company with the registered company number 723170, its subsidiaries, Affiliates, or any of its successors or assignees.
Subscriptions
Some parts of the Service are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or ScrapeOps Ltd cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting ScrapeOps Ltd customer support team.
A valid payment method, including credit card, is required to process the payment for your Subscription. You shall provide ScrapeOps Ltd with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize ScrapeOps Ltd to charge all Subscription fees incurred through your account to any such payment instruments.
Should automatic billing fail to occur for any reason, ScrapeOps Ltd will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
Free Trial
ScrapeOps Ltd may, at its sole discretion, offer a Subscription with a free trial for a limited period of time ("Free Trial").
You may be required to enter your billing information in order to sign up for the Free Trial.
If you do enter your billing information when signing up for the Free Trial, you will not be charged by ScrapeOps Ltd until the Free Trial has expired. On the last day of the Free Trial period, unless you cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.
At any time and without notice, ScrapeOps Ltd reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.
Fee Changes
ScrapeOps Ltd, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
ScrapeOps Ltd will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
Refunds
Certain refund requests for Subscriptions may be considered by ScrapeOps Ltd on a case-by-case basis and granted in sole discretion of ScrapeOps Ltd.
Accounts
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by ScrapeOps Ltd.
ScrapeOps Ltd has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that ScrapeOps Ltd shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
Third Party Data
All third party Service Data is the property of the respective third parties. You agree and covenant to obtain all rights from owners of such third party Service Data necessary for You to copy, store, link, or display such data. You should only use the third party Service Data for the purpose that it was intended. If you externally link to or display third party Service Data, you are required to comply with all policies, laws, rules and regulations applicable to such data.
Third Party Permissions
ScrapeOps does not provide You with any rights, license, copyright, or permissions regarding the Service Data accessed through the Services, which may be subject to copyright or other intellectual property protection by third parties. ScrapeOps shall not be held liable for any claims by third parties arising from Your use of the Service Data presented through the Services, nor shall ScrapeOps be liable for any alleged copyright/intellectual property infringement arising from Your use of the Service Data.
Prohibited Uses
In addition to complying with the other terms, conditions and restrictions set forth in these terms and conditions, You agree not to:
-
license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the Service available to any third party, other than authorized Agents in furtherance of Your internal business purposes as expressly permitted by these Terms;
-
use the Service to process data on behalf of any third party, unless the third party is also subject to these terms and conditions;
-
modify, adapt, or hack the ScrapeOps service or otherwise attempt to gain unauthorized access to the Service or related systems or networks;
-
use the Service to access, connect to or retrieve data from any third party system, service or sites where You explicitly agree to terms of service prohibiting Your manner of access to, connection to or retrieval and/or use of data from the system, service or site;link, upload, post, email, transmit or otherwise make available any Service Data or other content that You do not have a right to make available under any law, or under any contractual or fiduciary relationships;
-
use the Service in any manner that interferes with or disrupts the integrity or performance of the Services and its components;
-
use the Service in a manner that materially interferes with a website’s normal operations;
-
attempt to decipher, decompile, reverse engineer or otherwise discover the source code of any Software making up the Service;
-
use Screenshots to collect or process personal data, copyrighted material, and/or illegal content;
-
use the Service to knowingly post, transmit, upload, link to, send or store any viruses, malware, worm, back door, trap door, Trojan horses, time bombs, or any other similar harmful software or other limiting routine (“Malicious Software”);
-
create fraudulent accounts;
-
generate fraudulent impressions of or fraudulent clicks on your ad(s) or third-party ad(s) through any automated, deceptive, fraudulent or other invalid means, including but not limited to through repeated manual clicks, the use of robots, agents or other automated query tools and/or computer generated search requests, and/or the unauthorized use of other search engine optimization services and/or software;
-
use the Service and/or Service Data to knowingly post, transmit, upload, link to, send or store any content that is unlawful, hateful, violent, abusive, libellous, obscene, discriminatory, or otherwise inappropriate content, unless it is for law enforcement purposes that have been approved in writing by ScrapeOps;
-
use the Service and/or Service Data in any fraudulent or unlawful manner or in violation of this Terms;
-
use the Service to collect personal data in violation of the applicable Data Protection Law;
-
use the Service to collect data that could be classified as material non-public information in violation of the applicable securities regulation laws, if You are using the Service to make investment decisions;
-
use the Service and/or Service Data to link, upload, download, post, publish, store, transmit or otherwise make available files, materials, data, text, audio, video, images or other content that infringes on any person’s or entity’s intellectual property rights;
-
use the Service and/or Service Data to extract data that is illegal in any state or country where you reside or engage in commercial activity; or
-
falsely imply any sponsorship or association with ScrapeOps or engage in any action or practice that reflects poorly on ScrapeOps or otherwise disparages or devalues ScrapeOps' reputation or goodwill.
Violation of these policies may result in immediate termination of your use of the Services and the Site without notice, and may subject you to state and federal penalties and other legal consequences.
Termination
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
Limitation Of Liability
In no event shall ScrapeOps Ltd, nor its directors, employees, partners, agents, suppliers, or affiliates, 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 (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
We are not obliged to verify the manner in which you or other users use the Website, Platform, Configuration or Services and we shall not be liable for the manner of such usage. We assume that you use the Website Platform and Services legally and ethically and that you have obtained permission, if necessary, to use it on the targeted websites and/or other data sources.
We shall not be liable for the outcomes of activities for which you use our Website, Platform, Configuration or Services. Provided that a third-party service or product is established on the Platform or on any of its functionalities, we shall not be liable for such a service or product, their functioning or manner and consequences of their usage.
We shall not be liable for any of your unlawful actions in connection to the usage of the Website, Platform, Configuration or Services with respect to third parties (e.g. breach of intellectual property rights, rights to the name or company name, unfair competition, breach of terms of websites or applications and programs of third parties).
We shall not guarantee or be liable for the availability of the Website, Platform or Services (or products arising therefrom) or for their performance, reliability or responsiveness or any other performance or time parameters. We shall neither be liable for the functionality or availability of the services of other providers that we mediate to you solely. We shall neither be liable for your breach of service usage terms of such providers.
Your Obligation to Indemnify
You agree to indemnify, defend and hold us, our agents, affiliates, subsidiaries, directors, officers, employees, and applicable third parties (e.g., all relevant partner(s), licensors, licensees, consultants and contractors) (“Indemnified Person(s)”) harmless from and against any third-party claim, liability, loss, and expense (including damage awards, settlement amounts, and reasonable legal fees), brought against any Indemnified Person(s), arising out of your use of the Website, Platform, Configurations or Services and/or your breach of any of these terms. You acknowledge and agree that each Indemnified Person has the right to assert and enforce its rights under this section directly on its own behalf as a third-party beneficiary.
Disclaimer and Warning
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
ScrapeOps Ltd its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
We may immediately suspend your use of the Website, Platform, Configurations and/or Services if we are contacted by your targeted data extraction source, website, or repository and asked to cease all extraction activity. If such an event occurs, we will not disclose your information without a court order mandating us to do so unless we in our best judgment determine that there would be an adverse consequence if we do not. If, however, we receive a court order demanding the release of your information to a third party, we will comply. If such action becomes necessary, you agree to indemnify and hold us and (as applicable) our parent(s), subsidiaries, affiliates, officers, directors, agents, contractors and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party arising from any complaint, suit, disagreement or other repercussions resulting from your use of the Website, Platform, Configurations or Services.
Should any third party claim its rights against us in connection to your actions, we may immediately eliminate any contents gathered, saved or disseminated by you from servers used by us. In the event of a judicial dispute with a third party related to your actions, you are obliged to provide us with all necessary cooperation in order to resolve such a dispute successfully and you are also obliged to reimburse continuously any purposeful expenses arising to us due to such a dispute. With respect to this, should an obligation arise to reimburse any claim of a third party, you agree to pay us the full scope of the damages.
Governing Law
These Terms shall be governed and construed in accordance with the laws of Ireland, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
Contact Us
If you have any questions about these Terms, please contact us at: info@scrapeops.io