LAST UPDATED: 11.03.2020
You agree to access to or use the Services at your own risk. We also reserve the right to refuse access to the Services to anyone for any reason at any time according to the provisions specified herein.
1. PARTIES TO THESE TERMS.
These Terms are concluded between you (“you”, “your”, “Customer”) and us regarding your access to and/or use of the Services.
If you register access to and/or use of the Services on behalf of a company or other entity, you represent and warrant that you have legal capacity and authority to accept these Terms and enter into the Agreement on its behalf.
When you register an Account and agree to these Terms, the Agreement between you and us is formed, and the term of the Agreement (“Term”) begins. The Term will continue for as long as you have a personal ScrapingAnt account (“Account”) or until you or we terminate the Agreement in accordance with these Terms.
If you fail to comply with any terms and conditions of these Terms, we reserve the right to immediately terminate the Agreement between you and us without a prior notice at our sole discretion.
3. CHANGES TO THESE TERMS.
In order to improve the quality of the provided Services and to comply with the applicable legal requirements, we may unilaterally decide to change or update these Terms. The new version of the Terms comes into force from the moment they are posted on the Internet on the page at the address: https://scrapingant.com/legal/terms-of-use/.
You agree to accept any amendments to these Terms by accessing to or using the Services after such amendments have been posted and you were duly notified of any major updates and changes. If we make any changes to these Terms that deem to be material, we provide a notice on the Site or send you a notice to your email of any changes to these Terms in 15 days prior to such changes, unless such amendments are of minor nature without having a material effect on your and/or our obligations.
In addition, we are not obliged to provide you a notice if amendments are made due to changes in legislation, court decisions, the risk of fraud, malware, data leakage, etc. It is your fully responsibility to review these Terms from time to time to see if they have been changed.
However, if you use the Services, you represent and warrant that you have the right, legal capacity and authority to enter into this Agreement and to abide by all of the terms and conditions of these Terms.
5. ACCOUNT CREATION
In order to use the Services, you must register an Account on the Site. You can register an Account through your GitHub or Google account or by using your email address.
When you create an Account you must provide us with accurate information, and you agree to keep your information updated if it changes. Please do not use third party GitHub or Google accounts or email to proceed with the registration of the Account.
You shall create only one Account and shall not share your password, give access to and/or transfer an Account to third parties.
6. ACCESS TO YOUR ACCOUNT
You can access your Account by signup or sign in via your email, GitHub or Google account. You are responsible for maintaining the secrecy of the login credentials of your GitHub or Google account connected to the Site.
Your failure to maintain accurate and up-to-date Account information may result in your inability to access to the Services. However, if you become aware, or suspect for any reason, that the security of your login credentials has been compromised, please let us know about these circumstances via the Contact Us form.
If you become aware of any unauthorised use of your Account or any other known or suspected security breach, you shall notify us immediately and use all reasonable efforts to stop any unauthorised use or other infringements of the use of the Services.
You must provide, at your own expense, the suitable equipment, Internet connections, or mobile device(s) and/or service plans to access to and use the Services. We do not guarantee that the Services will be available in all geographic locations.
7. USE OF THE SERVICES
The Services constitute a platform that enable you to use different technologies and functionalities (“Software”) to collect Customer Data. A specific set of technologies and functionalities of the Services you might access to and use is available on the Site and is determined depending on the selected features and options of the Services (“Subscription Plan”).
We provide different ways to access to and use each type of Subscription Plan, including paid access to the Services through a particular Subscription Plan. All prices of each type of Subscription Plan are available on the Site. We reserve the right to change the prices and other conditions of Subscription Plans at any time. Such changes take effect immediately after publication of the list of new Subscription Plans.
We do not represent and warrant that a particular Subscription Plan will be offered continuously and reserve the right to change prices or change the features and options available in a particular Subscription Plan without prior notice at any time and our sole discretion.
By accessing to and using the Services you confirm that you are legally permitted to access to and use the Services by the laws of your home country. You represent and warrant that you have all the appropriate rights, powers and opportunities to conclude and comply with all the terms and conditions of these Terms, and that you will not use the Services in a way that violates any applicable laws or regulations. Note that by representing and warranting, you are making a legally enforceable promise.
8. THE SERVICES USE RESTRICTIONS.
You agree that you will not engage in any prohibited activities, including, but without limitation, the uploading, posting, emailing, or transmitting of the all text, graphics, user interfaces, visual interfaces, photographs, logos, and computer code displayed on or available through the Site and the design, structure, selection, coordination, expression, and arrangement of such materials, trademarks, logos, trade names, service marks, and trade identities of various parties, including our trademarks and other forms of our intellectual property and intellectual property of third parties (“Content”) of the Site.
By accessing to and/or using the Services you represent and warrant that your actions will not:
- attempt to harm to us or the Site, Software, including any specific functionalities and technologies of our products and/or services, or any others;
- disseminate information that is unlawful, false, inaccurate, misleading, offensive, obscene, lewd, violent, harassing, threatening, abusive, tortious, defamatory, invasive of another’s privacy, or are otherwise objectionable to us, at our sole discretion;
- violate any right of any third party, including, without limitation, the uploading, posting, emailing, or transmitting of the content that violates third parties’ intellectual property rights, personality rights, trade secrets, or other proprietary rights.
- impose an unreasonable or disproportionately large load on our Site, Software, including but not limited to denial of service attacks or any other such unsolicited overload technique;
- disclose private information about any third party without that party’s express consent;
- disparage our performance, or distribute any false or misleading statement or otherwise take any action which could reasonably be expected to adversely affect the personal or professional reputation of our employees/contractors or us;
- otherwise violate these Terms, or solicit, encourage, or facilitate anyone else to do so.
You shall not reverse engineer, disassemble, or modify our Software and any source or object code of our Software, products or processes we provide while accessing to and using the Services, including any specific functionalities and technologies of the Site and/or Services, install any software, file, or code while using the Site and/or Services that will may cause harm to us or our Software.
You shall not republish, resell, rent, license, reproduce, duplicate, copy, modify or redistribute Software while accessing to and/or using the Services. You shall not engage in any activity that interferes with your access to the Site or the proper operation of the Software.
You shall not use cheats, automation software, bots, hacks or any other unauthorised software designed to modify or interfere with the Site, Software and any files that are part of the Site and/or Software. You shall not interfere with or circumvent any security feature of the Site and/or Software or any feature that restricts or enforces limitations on the use of or access to the Services, any other functionalities and technologies, or Site’s Content.
By accessing to and/or using the Services you shall not collect illegal, hate-related, drug-related data or any data that violates these Terms or terms and conditions of websites where you collect data. You shall not engage in any fraudulent business practices or any other activity that is illegal under applicable laws.
Illegal use of the Site, Services and/or Software will be investigated and your liability will be established and may be reported to the competent authority of the Republic of Poland. We reserve the right to refuse access to the Services to anyone wishing to use the Services in an illegal manner at our sole discretion.
9. LEGAL USE.
You must use the data you collect from third parties when using our Services only in compliance with all terms and conditions, policies of third parties and laws, rules, regulations applicable to your data collection process.
You agree that you use the Services solely for collecting data from publicly accessible websites. Whenever such websites contain proprietary, copyrighted and/or confidential data, you agree to comply with all terms and conditions, policies of such websites and all copyright and other intellectual property laws and regulations regarding protection of type of data you collect. You also agree to comply with data protection laws within any applicable jurisdiction, including comply with GDPR in all respects.
10. LINKS ON THE THIRD PARTY WEBSITES.
The Site may contain links to and integrations with third party sites and services and you agree that the Site provides links to and integrations with sites and services solely as a convenience and has no liability for the content or other information availability of such services. Your use of such websites and services will be subject to the terms and conditions applicable to such websites and services.
SUBSCRIPTION PLANS AND FEES
11. SUBSCRIPTION PLAN ACTIVATION PROCESS
In order to select a Subscription Plan, you must have a registered Account and all the appropriate rights, powers and opportunities required to conduct such activity and therefore choose appropriate Subscription Plan through the “Subscriptions” section on the Site in your Account. We may also provide you with a free of charge Subscription Plan immediately after registration of the Account, which will grant you limited access to the features and options of the Services.
After accessing the section “Subscriptions” in your Account, you must select “Subscribe” button and pay the applicable monthly fee. If your payment was successful, the date of this payment will be the start date of the Subscription Plan (“Activation Date”). On the Activation Date, you will receive confirmation that you have selected Subscription Plan at the Account.
12. SUBSCRIPTION PLANS FEES.
Your Subscription Plan automatically renews each month, and we will automatically bill the monthly fee to your Account each month, until your Subscription Plan is cancelled or terminated. For example, if you purchase your Subscription Plan on February 7, your Subscription Plan will automatically renew on March 7.
In case that you do not want the Subscription Plan to be renewed automatically and you therefore want to cancel the Subscription Plan, you may exercise your right of withdraw the Subscription Plan at any time, provided if you have not paid the monthly fee for the following month yet.
If you have withdrawn the Subscription Plan but want to continue use our Services, you may renew the Subscription Plan or select new Subscription Plan in accordance with provisions specified herein. You can also contact us via Contact Us form so that we develop an individual Subscription Plan that suits your purposes for use of the Services.
No payments you have made in accordance with access to and use the Services are refundable. Although, we can allow for some exceptions where refunds or discounts are granted at our sole discretion.
You may pay for provision of the Services by credit card or other electronic means provided by payment service provider on our Site. After you select the Subscription Plan, you will be informed of the payment options available for you. In order to pay monthly fee for the Subscription Plan, you must provide card details to payment service provider through the Site.
We do not store card numbers or any other payment details on our servers. The full information concerning your payment process shall be stored on the servers of the payment service provider that accepts the payments on our behalf.
14. LIMITATION OF LIABILITY.
WE HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OR MISUSE OF THE SERVICES. IN PARTICULAR, WE ARE NOT LIABLE FOR ANY COMPENSATORY, DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), BREACH OF WARRANTY, TORT OR OTHERWISE; WE ARE NOT LIABLE FOR ANY THIRD PARTY CLAIMS OF ANY NATURE. IN NO EVENT SHALL OURS TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED ONE HUNDRED EUROS (€100).
WE HAVE NO LIABILITY FOR ALL ACTIVITIES OCCURRING UNDER YOU USE OR MISUSE OF THE SERVICES. WE DO NOT PROVIDE YOU WITH ANY RIGHTS, LICENSE OR PERMISSIONS REGARDING COLLECTION DATA THROUGH THE SERVICES. WE SHALL NOT BE HELD LIABLE FOR ANY CLAIMS ARISING BY THIRD PARTIES FROM YOUR USE OF THIRD PARTIES DATA THROUGH THE SERVICES AND/OR ANY ALLEGED COPYRIGHT OR INTELLECTUAL PROPERTY RIGHTS INFRINGEMENT.
WE NEVER PROVIDE OUR SERVICES WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, THAT YOU CAN POSSIBLY OBTAIN FROM US OR THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THESE TERMS. WE SHALL NOT HAVE ANY LIABILITY FOR ANY FAILURE OR DELAY RESULTING FROM ANY CONDITION OF THE SITE BEYOND OUR REASONABLE CONTROL.
WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS AND BE FREE FROM ERRORS OR DEFECTS.
ALL SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND TO THE FULLEST EXTENT PERMITTED BY LAW, AND EXCEPT AS SPECIFICALLY PROVIDED TO THE CONTRARY IN THESE TERMS, WE MAKE NO REPRESENTATIONS OR WARRANTIES TO THE SPECIFIC QUALITY OF THE SERVICES, ANY OF SUBSCRIPTION PLAN OR ANY OTHER SERVICES AND PRODUCTS ON ANY PART THEREOF PROVIDED UNDER THESE TERMS.
WE DISCLAIM, WITHOUT LIMITATION, ANY WARRANTY OR GUARANTEE OF MERCHANTABILITY OF THE SERVICES, ANY OF ITS PARTS OR ANY OTHER SERVICES OR PRODUCTS ANY PART THEREOF FOR YOUR PARTICULAR PURPOSES WHILE ACCESSING TO AND/OR USING THE SERVICES.
WE DISCLAIM ALL LIABILITY FOR THE ACTS OR OMISSIONS OF OTHER USERS, WHETHER SUCH ACTS OR OMISSIONS OCCUR DURING YOUR ACCESS TO AND/OR USE THE SERVICES OR OTHERWISE.
THESE LIMITATIONS OF LIABILITY STATED HEREUNDER DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. NOTHING IN THIS DISCLAIMER WILL LIMIT OR EXCLUDE OUR OR YOUR LIABILITY FOR DEATH OR PERSONAL INJURY, FOR FRAUD OR FRAUDULENT MISREPRESENTATION OR LIMIT ANY OF OUR OR YOUR LIABILITIES IN ANY WAY THAT IS NOT PERMITTED UNDER APPLICABLE LAW.
16. INTELLECTUAL PROPERTY
Access to and use of the Services does not give you any ownership of, or any other intellectual property interest in the Software, any Content including any specific functionalities and technologies of our Services, Software and other services and/or products, and you cannot otherwise use the Services, Software, Content or any other services and products we provide you without our express prior written permission.
We do not grant you any licenses to access the Services. All rights not expressly granted to you are reserved by us and/or our licensors and other third parties. Except as expressly provided in these Terms or with our express prior written consent, no part of the Services, Software, Content, any other services and products we provide you may be used, copied, reproduced, distributed, uploaded, posted, publicly displayed, translated, transmitted, broadcasted, sold, licensed or otherwise exploited for any purpose whatsoever.
Any unauthorised access to and use of the Services, Software, any Content or any services and products we provide you with for any purpose in all cases is prohibited.
The Site, Software, Content including any specific functionalities and technologies of the Site and Software (including past, present and future versions) are owned and controlled by us.
Our Services, Software, Content and other services and products we provide you are protected under applicable laws of the Republic of Poland and international copyright, trademark, trade dress, patent, and other intellectual property rights laws and regulations to the fullest extent possible.
17. DISPUTES BETWEEN YOU AND US.
If a dispute arises between you and us, our main goal is to provide you with neutral and cost-effective means of resolving the dispute quickly. In the event of a dispute arises between you and us, we encourage you to contact us at firstname.lastname@example.org first to try to resolve your problem directly with us.
18. DISPUTES BETWEEN THIRD PARTIES AND US.
If an action commenced by any third party arising from complaint, suit or other repercussions resulting from your use of the Services and/or Software, you agree to indemnify and hold us and all our affiliates, contractors and/or employees, harmless from any claim, loss, expense or demand, including reasonable attorneys’ fees.
19. PERSONAL DATA PROCESSING
These Terms incorporate the ScrapingAnt Data Processing Agreement (“DPA”), when the GDPR applies to your use of the Services to collect Customer Data. The DPA sets out how we will process personal data on your behalf in connection with the Services provided to you under these Terms.
20. COMMUNICATION WITH US
You may contact us through an e-mail email@example.com, via phone +380677518922 or via Contact Us form available on the Site.
21. NO THIRD PARTY BENEFICIARIES.
This Agreement is concluded between you and us. No user has no rights to force us to enforce any rights it may have against you or any other user of the Site.
The section headings used herein are for convenience only and do not give any legal significance.
If any provision of these Terms is held to be unenforceable, such provision shall be replaced with an enforceable one, which comes closest to the intention underlying the unenforceable term or provision. All the remaining provisions shall remain in force.
24. APPLICABLE LAW.
The relationship between you and us shall be governed and construed in accordance with these Terms, construction, validity and enforcement of which shall be governed under the laws of the Republic of Poland.