Please read these Terms closely before using Scrapeak (the “Website”). Scrapeak may at any time modify these Terms, and your continued use of this Website and the Services (defined below) will be conditioned upon the terms and conditions in force at the time of your use. Your registration for, or use of, the Services shall be deemed to be your approval and execution of this Agreement including your covenant to abide by the Terms including those related to any materials available on the Website. For reference, a Definitions section is included at the end of these Terms. Capitalized terms not otherwise defined herein have the meaning set forth in that section.
1. Uses.
You agree that your use of the technologies, tools, applications and products made available from time to time on the Website (as further defined in these Terms and the Website, the “Services”) are used solely in conjunction with the extraction of data from publicly accessible websites. In all cases where copyrighted and or confidential data may be included as part or all of the extracted data, you agree to comply with all copyright laws and rules covering such data including (but not limited to) the reproduction and resale of such data. You agree that Scrapeak will not be held responsible for legal liabilities incurred through the use or misuse of data obtained through the Services.
You are responsible for all activity occurring under your user account(s) and shall abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the Services, including those related to data privacy, international communications and the transmission of technical or personal data. You shall: (i) notify Scrapeak immediately of any unauthorized use of any password or account or any other known or suspected breach of security; (ii) report to Scrapeak immediately and use reasonable efforts to stop immediately any copying or distribution of Content or infringement of Scrapeak Technology that is known or suspected by you or your Users; and (iii) not impersonate another Scrapeak user or provide false identity information to gain access to or use the Services.
2. Services.
You acknowledge and agree that in order for Scrapeak to (among other things) maintain the integrity and dynamic nature of the Services, your use of the Services is subject to these Terms, which may be modified by Scrapeak at any time and for any reason.
By means of our Website or by other means, we enable you to use the computer platform “Scrapeak” (hereinafter referred to as the “Platform”) and some other services and functions (hereinafter referred to as the “Services”).
The Platform is a computer system operated by the Provider, remote access to which is available by means of servers within the Scrapeak domain or other domains (so-called “cloud system”). In addition to other things, the Platform makes it possible to:
Create, run, amend, and publish software programs and applications;
Publish a public user profile, including data.
You may select from the following basic options for the provision of the platform Services:
Pre-Defined extractors, which can be found in the Scrapeak marketplace;
Custom-made, which means a custom solution made for your specific use case.
Some functions of the Platform as well as some other Services may be used free of charge upon registration on the Website (i.e. upon clicking “Sign up”). Use of other functions of the Platform and Services within the expanded Custom Solution is available after payment as is managed by these Terms and by the terms stipulated on the Website.
3. License Grant and Restrictions.
Scrapeak hereby grants you a non-exclusive, non-transferable, worldwide right and license to use the Services, solely for your own internal purposes, subject to the Terms of this Agreement. All rights not expressly granted to you are reserved by Scrapeak and its licensors.
You may not access the Services if you are a direct competitor of Scrapeak, except with Scrapeak’s prior written consent. In addition, you may not access the Services for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes. Any action of this kind is likely to result in serious harm to Scrapeak for which you agree that Scrapeak will be entitled to immediate injunctive relief together with other legal and equitable remedies.
You shall not (i) license, sublicense, sell, resell, transfer, assign or distribute the Services in any way other than as permitted in writing by Scrapeak; (ii) modify or make derivative works based upon the Services; (iii) create Internet “links” to the Services or “frame” or “mirror” any content of the Website or the Services on any other server or wireless or Internet-based device; or (iv) modify, reverse engineer, decompile, disassemble or access any computer code relating to the Services in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Services, or (c) copy any ideas, features, functions or graphics of the Services.
4. Targets; Your Target Website(s).
As a service provider, in the event that you have a dispute with a targeted data source (i.e. website or web application) in relation to the use (or misuse) of any of the Services, you release the Website (and Scrapeak and our officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
5. User Content.
The Website allows you and other users to import, post, publish, create new applications based on, and otherwise extract and use data from publicly available websites and other data sources found on the web. This data is referred to herein as “User Content.”
You are solely responsible for User Content and the consequences of Scrapeak or any third party importing, posting, publishing, creating new applications based on, and otherwise using such User Content. In connection with any such User Content, you affirm, represent, and/or warrant that you own or have the necessary licenses, rights, consents, and permissions related to the User Content and its use by you, Scrapeak, and any other third party
In connection with User Content, you further agree that you will not: (i) extract and publish data that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Scrapeak all of the rights and licenses granted herein; (ii) publish falsehoods or misrepresentations that could damage Scrapeak or any third party; (iii) extract and publish material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (v) impersonate another person. Scrapeak does not endorse any User Content or any data, opinion, recommendation, or advice expressed therein, and it expressly disclaims any and all liability in connection with any User Content. Scrapeak does not permit copyright infringing activities or infringement of intellectual property rights on the Website, and will remove all Content and User Content if properly notified that such Content or User Content infringes on another’s intellectual property rights. Scrapeak may remove or choose not to publish any Content or User Content without prior notice. Scrapeak may also terminate your access to the Website, if you are determined to be a repeat infringer. A repeat infringer is anyone who has been notified of infringing activity more than once and/or has had any User Content removed from the Website more than once. Scrapeak also reserves the right to decide whether Content or User Content is appropriate and complies with this Agreement for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material. Scrapeak may remove or choose not to publish any such User Content and/or terminate your access for uploading such material in violation of this Agreement at any time, without prior notice and at its sole discretion.
6. Legal Disclaimer and Warning.
It is up to you to determine the legality of the way you use our Services. Scrapeak will never knowingly build or host any data extraction or data import agent that is obviously illegal. Scrapeak assumes that the agent you build will be used legally and ethically and that you have obtained permission, if necessary to use it on the targeted data source. Scrapeak reserves the right to refuse service to anyone wishing to use the Services in an illegal manner.
Scrapeak may immediately suspend your use of the Services if it is contacted by your targeted data extraction source, website, or repository and asked to cease all extraction activity. If such an event occurs, Scrapeak will not disclose your information without a court order mandating it to do so unless Scrapeak in its best judgment determines that there would be an adverse consequence if it does not. If however Scrapeak receives a court order demanding the release of your information to a third party, it will comply. If such action becomes necessary, you agree to indemnify and hold Scrapeak and (as applicable) its 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 Services.
7. Prohibited Uses.
Scrapeak strictly prohibits using any Scrapeak Services or products: (i) to 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; (ii) to extract data that are illegal in any state or country where you reside; (iii) to engage in any other illegal or fraudulent business practice under the laws of any state or country where you reside; (iv) to extract data from adult or pornographic websites, gambling or casino-related websites, hate-related websites, websites that promote violence, or drug-related websites;(v) which violates the terms and conditions of any website or web application; or (v) engage in any action or practice that reflects poorly on Scrapeak or otherwise disparages or devalues Scrapeak’s reputation or goodwill. Violation of these policies may result in immediate termination of your use of the Services and the Website without notice, and may subject you to state and federal penalties and other legal consequences.
8. Account Information and Data.
Scrapeak does not claim ownership of any data, information or material that you submit to the Services in the course of using the Services (“Customer Data”) and may not use or disclose Customer Data other than (a) to comply with law or comply with legal process, (b) to protect and defend Scrapeak’s rights or the rights of Scrapeak’s Customers and third parties, or (c) to avoid liability or the liability of Scrapeak Customer’s or third parties. Scrapeak may gather and use any information describing the habits, usage patterns or demographics relating to any Customer Data for internal purposes. You, not Scrapeak, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all Customer Data, and Scrapeak shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Customer Data.
9. Intellectual Property Ownership.
Scrapeak alone (and its licensors, where applicable) shall own all right, title and interest, including all related Intellectual Property Rights, in and to the Scrapeak Technology and the Services in addition to any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Services. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Services, the Scrapeak Technology or the Intellectual Property Rights owned by Scrapeak, except as expressly set forth herein. The Scrapeak name, the Scrapeak logo, and the product names associated with the Services are trademarks of Scrapeak or third parties, and no right or license is granted to use them.
10. Termination; Cancellation.
You may cancel your subscription at any time but shall remain liable and be immediately charged for your use of the Services up to the date of cancellation or through the term of the license contract. Un-cancelled accounts will NOT receive a refund for lack of use. It’s your responsibility to cancel your account before the bill date if you do not want to be charged automatically. No refunds will be given for un-used page credits or remaining monthly page downloads at time of cancellation. Scrapeak may at any time terminate your use of the Services or cancel any subscription(s) or your use of any subscription or license for cause, which includes the issuance of chargeback for amounts rightfully owed by an account holder. Except as set forth above or unless Scrapeak has previously cancelled or terminated your use of the Services (in which case subsequent notice by Scrapeak shall not be required), Scrapeak will notify you via email of any such termination or cancellation, which shall be effective immediately. Upon cancellation of any subscription or termination or expiration of this Agreement for any reason, (i) you shall remain liable for any amount due for subscriptions already delivered through the date such cancellation or termination takes effect, and (ii) the “Prohibited Uses” and each section of these Terms thereafter shall survive expiration or termination.
11. Confidentiality.
During the term of your use of the Services and for a period of two (2) years following the termination or expiration of your subscription, each party agrees not to disclose Confidential Information of the other party to any third party without prior written consent except as provided herein. “Confidential Information” includes (i) subscription account data, including agent definitions, Customer Data, and User Content, (ii) except as provided in subsection (i) above, any other Services information or access to technology prior to public disclosure provided by Scrapeak to you and identified at the time of disclosure in writing as “Confidential.” Confidential Information does not include information that has become publicly known through no breach by a party, or has been (i) independently developed without access to the other party’s Confidential Information; (ii) rightfully received from a third party; or (iii) required to be disclosed by law or by a governmental authority.
12. Features and Bugs.
We design our Services with care, based on our own experience and the experiences of customers who share their time and feedback. However, there is no such thing as a service that pleases everybody. We make no guarantees that our Services will meet your specific requirements or expectations.
We also test all of our features extensively before shipping them. As with any software, our Services inevitably have some bugs. We track the bugs reported to us and work through priority ones, especially any related to security or privacy. Not all reported bugs will get fixed and we don't guarantee completely error-free Services.
13. Warranty.
Scrapeak MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICES OR ANY CONTENT. Scrapeak DOES NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICES WILL BE COMPLETELY SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS WILL BE CORRECTED, OR (F) THE SERVICES OR THE SERVER(S) THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICES AND ALL CONTENT IS PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY Scrapeak.
14. Limitation of Liability; Force Majeure.
EXCEPT FOR ANY INDEMNIFICATION AND CONFIDENTIALITY OBLIGATIONS HEREUNDER, (i) IN NO EVENT SHALL EITHER PARTY BE LIABLE UNDER THESE TERMS FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND (ii) Scrapeak’S AGGREGATE LIABILITY TO YOU UNDER THIS AGREEMENT FOR ANY CLAIM IS LIMITED TO THE AMOUNT PAID TO Scrapeak BY YOU FOR THE SERVICES GIVING RISE TO THE CLAIM. Each party acknowledges that the other party has agreed to these Terms relying on the limitations of liability stated herein and that those limitations are an essential basis of the bargain between the parties. Without limiting the foregoing and except for payment obligations, neither party shall have any liability for any failure or delay resulting from any condition beyond the reasonable control of such party, including but not limited to governmental action or acts of terrorism, earthquake or other acts of God, labor conditions, and power failures.
15. Internet Delays.
Scrapeak’S SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. Scrapeak IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
16. Payment, Refunds.
You agree to pay all applicable charges under these Terms, including any applicable taxes or charges imposed by any government entity, and that Scrapeak may change its pricing at any time. There are no refunds for payments made once service has been rendered. If you dispute any charge made for your use of the Services, you must notify Scrapeak in writing within fifteen (15) days of any such charge; failure to so notify Scrapeak shall result in the waiver by you of any claim relating to any such disputed charge. Charges shall be calculated solely based on invoicing records maintained by Scrapeak for purposes of billing. No other measurements or statistics of any kind shall be accepted by Scrapeak or have any effect under these Terms.
We offer multiple different types of Platform subscription plans and pricing to meet the specific needs of our customers. You may find our up-to-date Platform subscription plans and pricing on our Website at: https://scrapeak.com/pricing/
We currently offer the following payment methods depending on the selected Service: (i) debit or credit card; (ii) wire transfer to our bank account on the basis of an invoice;
Your subscription orders made by means of the Website shall be binding. By entering the relevant details of your debit or credit card during the order-making process, you agree that the price of the ordered license or Service shall be deducted from the card. The following rules will apply in case of payment by credit or debit card:
you may use the credit or debit card that you entered during the order-making process;
we are not responsible for any fees or charges that your bank or card issuer may apply;
if the payment method is declined, we will attempt to process the charge until the transaction is approved;
if we are unable to complete the transaction, we will contact you to update your payment information;
we may overdraw your credit or debit card according to the conditions stipulated below;
we will send you an invoice after every performed payment.
We will issue and send you an invoice with respect to all Services charged to you, irrespective of the type of the Services or payment method. All our invoices will contain the information required by law for tax and accounting documents. You agree that all invoiced payments will be made in times set forth in these Terms or stated on the invoice.
You hereby agree to pay all applicable fees and/or charges under these terms, including any applicable taxes or charges imposed by any government entity, and that we may change its pricing at any time. There are no refunds for payments made once Services have been rendered or license provided. If you dispute any charge made for your use of the Platform, licenses or Services, you must notify us in writing within fifteen (15) days of any such charge; failure to notify us shall result in the waiver by you of any claim relating to any such disputed charge. Charges shall be calculated solely based on invoicing records maintained by us for purposes of billing. No other measurements or statistics of any kind shall be accepted by us or have any effect under these terms
17. Representations and Warranties.
You represent and warrant that (a) all of the information provided by you to Scrapeak to use the Services is correct and current and that that you have not falsely identified yourself nor provided any false information to gain access to the Services and that your billing information is correct.
18. Your Obligation to Indemnify.
You agree to indemnify, defend and hold Scrapeak, its 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 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.
Liability
We mention liability throughout these Terms but to put it all in one section:You expressly understand and agree that the Company shall not be liable, in law or in equity, to you or to any third party for any direct, indirect, incidental, lost profits, special, consequential, punitive or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Company has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Services; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Services; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to this Terms of Service or the Services, whether as a breach of contract, tort (including negligence whether active or passive), or any other theory of liability.
In other words: choosing to use our Services does mean you are making a bet on us. If the bet does not work out, that's on you, not us. We do our darnedest to be as safe a bet as possible through careful management of the business; investments in security, infrastructure, and talent; and in general giving a damn. If you choose to use our Services, thank you for betting on us.
If you have a question about any of the Terms of Service, please contact our Support team. [email protected]