HTML Website CreatorPlease read all these terms and conditions (“Terms of Use”).
As we can accept an order made through this Platform automatically and make a legally enforceable agreement without further reference to you, please read these Terms of Use carefully before you order the Services from us. These terms tell you who we are, how we will provide any Services to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
1. Introduction
1.1 – We are ScraperAPI and or “ScraperAPI” or “Saas.group LLC” you (hereinafter referred to as “we”, “us” or “our”) and we welcome you (hereinafter referred to as “you” or the “User”) our website scraperapi.com (hereinafter referred to as the “Platform“).
1.2 – These Terms of Use shall govern your access to the Platform, its use, and use of the Platform and the Services (as defined in Paragraph 2.1 below). By accessing the Platform or using our Services, you agree to adhere to these Terms of Use. If you do not agree to the Terms of Use, please do not use the Platform or any of our Services. Each time you use the Platform or our Services, the current version of these Terms of Use will apply.
1.3 – If you separately enter into a services agreement (“License Agreement”) with us for the supply of the Services, these Terms of Use shall also apply, however to the extent that there is any conflict between these Terms of Use and the Licence Agreement, the relevant terms of the Licence Agreement shall prevail.
1.4 – This Platform is for use by businesses and not consumers as defined in Art.17 of the Consumer Rights Directive. We do not therefore accept any liability for any losses which would be suffered by a consumer because we believe you are purchasing the Services wholly or mainly for your business, trade, craft or profession.
2. Our Services
2.1 – The Platform is a computer system operated by us, remote access to which is available by means of servers within the scraperapi.com domain or other domains’ cloud system. In addition to other things, the Platform makes it possible to:
2.1.1 – Download structured and unstructured data from the websites;
2.1.2 – Provide servers for remote access to other servers (so-called ”proxy servers” or “proxies”);
2.1.3 – Create and adjust the Platform configuration and configuration of software programs or applications running on the Platform (for example, so-called “crawlers” or “acts” or “actors”) according to your instructions, for instance, in order to perform the extraction of data specified by you from the websites designated by you (hereinafter referred to as the “Configuration”);
2.1.4 – Assist users with respect to the use of the Platform;
2.1.5 – Download, your data according to your instructions; and
2.1.6 – Switch the Configuration or applications running on the Platform on or off whether manually or automatically, and the monitoring of the same (together, the “Services”).
2.2 – Some functions of the Platform as well as some other Services may be used free of charge upon registration on the Platform (i.e. upon clicking “Sign up”). Use of other functions of the Platform and Services within the expanded Configuration is only available following payment for a subscription managed in accordance with these Terms of Use.
2.3 – We reserve the right to store all data downloaded by you whilst using the Services for an indefinite period of time.
3. Software license
3.1 – In order to use the Platform, Platform or Services provided by us, we grant you a worldwide, non-transferable, non-assignable, non-sublicensable, non-exclusive license to use the Platform and associated Services, subject to these Terms of Use. Within the scope of the license, you may use the Platform or the Platform in their unchanged form (excluding the amendments, modifications, and updates of the Platform or the Platform performed by us) for the purpose for which the Platform or the Platform has been designed and in the manner and within the scope of these Terms of Use. We shall grant you the license exclusively for the use of the Platform and the Services on our servers, or the servers maintained by us or designed for such purpose (e.g. GitHub or Stripe).
3.2 – You are not permitted to modify, adjust, reverse engineer the Platform (or any parts of it whatsoever) or its name with any other copyrighted work or use it in a compilation work. Your right to use the Platform within the scope of its common functionality (i.e. to create your own work, e.g. the Configuration) shall not be affected. Furthermore, you may not create any reproductions of the Platform (or any parts of it whatsoever), or of our software or its applications in any form, or disseminate the same except such parts of them that are open-source in accordance with the terms of such open source license.
3.3 – It is strictly prohibited to gather data from third party sites in violation of the third party sites’ own terms of service, or by logging into a website that is protected by authentication and/or authorisation mechanisms such as OAUTH or API Key or login. Should we discover that you have breached this provision, we may reject or disable your license and use of the Platform or other Services.
4. Registration and User Account
4.1 – In order to use our Services you will be required to sign up for a user account on the Platform.
4.2 – By clicking the button “Sign up” during registration on our Platform, you represent that you are over 18 years old and agree to the terms of our Privacy and Cookies Policy and these Terms of Use. If you are acting on behalf of a company when accepting these Terms and the Privacy Policy, you also hereby declare to be authorized to perform such legal actions on behalf of that company (herein the term “you” shall mean the relevant company).
4.3 – Upon registration on the Platform, a user account shall be created for you with the e-mail address you used to register. During the registration process as well as at any later time you use the account and/or communicate with us, you are obliged to provide us with accurate and true data. Should any of the identification information be amended in the future, your obligation is to update such information in the Platform or in your user account without undue delay. In particular, we will send any relevant notices to you at the e-mail address attached to that account and that shall constitute valid notice. If the e-mail address is incorrect or not suitable it is up to you to update the e-mail address.
4.4 – You shall:
4.4.1 – protect the login details of your account and prevent any third parties from using your account.
4.4.2 – notify us immediately of any unauthorized use of any password, API Key or account or any other known or suspected breach of security;
4.4.3 – not create (either directly or by means of a third party) multiple user accounts for the purpose of avoiding or bypassing account limitations on the Platform;
4.4.4 – report to us immediately and use reasonable efforts to stop immediately any copying or distribution of content or infringement of our Platform, Configuration and/or Services that is known or suspected by you; and
4.4.5 – under no circumstances impersonate or attempt to impersonate another user or provide false identity information to gain access to or use the Platform, Configuration or Services.
4.5 – We shall not be liable for any misuse of your account due to your breach or negligent performance of the aforementioned obligations detailed in Paragraph 4.4. Moreover, we shall be authorized to block your account or delete it completely including all the data provided therein without any further liability to you.
5. Basis of Contract
5.1 – The description of the Services on our Platform does not constitute a contractual offer to sell the Services. When an order has been submitted on the Platform, we can reject it for any reason, although we will try to tell you the reason without delay.
5.2 – The order process is set out on the Platform. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.
5.3 – A contract will be formed for the sale of Services ordered when you click the “Sign up” button (“Contract”) and we confirm acceptance by sending you an e-mail confirming the Contract (“Order Confirmation”). By placing an order, you agree to us giving you confirmation of the Contract by means of an email with all information in it (i.e. the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Services supplied under the Contract.
5.4 – If we are unable to accept your order, we will inform you of this as soon as possible. This may be because you have been a customer in the past and we have had to terminate your Subscription due to a breach of these Terms of Use, because a credit reference we have obtained for you does not meet our minimum requirements or because we have identified an error in the price or description of the Services(s).
5.5 – No variation of the Contract, whether regarding the description of the Services, Subscription Fees or otherwise, can be made after it has been entered into unless the variation is agreed by us in writing and authorized by a member of our senior staff.
6. Intellectual Property Rights
6.1 – You acknowledge that our Platform (and software and applications associated therewith) and Services provided by us are protected by copyright in accordance with international treaties in place around the world. All such rights are reserved. We alone shall own all right, title and interest, including all intellectual property rights to the Platform, Configuration and Services (or any outcome of such Services) within the maximum scope admissible by law (except for the rights that we exercise in compliance with a license granted to us by third parties). Furthermore, we shall own any suggestions, ideas, enhancement requests, feedback, recommendations or other information related to the Platform and other Services. You acknowledge that any use of the software, systems, and functionalities of third parties available on the Platform shall be governed by special license terms of owners of the relevant copyright or open-source licenses that you must adhere to (by using the relevant software, system or functionality, you confirm to have been familiarized and agree with the license terms of the relevant third parties). We disclaim all liability in full for any breach of such terms by you.
6.2 – “ScraperAPI“ is a registered trade mark with registration number 6762592 and is therefore legally protected. No rights are granted to Users or any third-parties to reproduce or use our trade mark or any other trade names or trade marks that appear within the Platform for any purpose without prior written approval.
6.3 – You agree that we may use your name, company name and logo as a reference in all types of promotion materials for marketing purposes free of charge. You may withdraw this permission by written communication at any time and without penalty.
6.4 – Our status (and that of any identified contributors) as the authors of content on our Platform must always be acknowledged.
6.5 – You must not use any part of the content on our site for commercial purposes without obtaining a license to do so from us or our licensors and/or our prior written agreement.
7. Acceptable Use
7.1 – You may use the Platform and Services solely for the purposes of data extraction from publicly accessible pages or APIs on publicly accessible websites (including websites that may require the user’s login). The Platform or Services functionalities may be used solely on such publicly accessible websites or other sources where their use (including data extraction) is permitted implicitly or where you are authorized to do so. Should you instruct us to use the Platform or the Services on certain publicly accessible websites or other sources and to send you the extracted data subsequently, you hereby represent and warrant that use of the functionalities of the Platform and/or Services as well as the data extraction on such websites is expressly permitted or authorized to you. Should the extracted data be comprised of any sensitive data, confidential data or data protected by the copyright or by other intellectual property right or any third-party right, you must not breach such rights by using the Platform or the Service in any way. Should you breach this prohibition, or should you use the Platform or Service functionalities directly or by means of our company on websites or other sources that do not permit their use, you shall be fully liable for such a breach and solely responsible for compensation of any damages incurred by and/or any claims of the affected third parties. We shall not be liable for any breach of third-party rights with respect to the usage of the Platform or Services.
7.2 – You may not take any actions which could lead to unauthorized use of the Platform or the Services. The actions you are not authorized to take include, but are not limited to, the circumvention, elimination or limitation of any mechanisms possibly serving to the protection of our rights or of any information with respect to the Platform (e.g. our trade marks or any other designation).
7.3 – Provided that we mediate to you provision of services by any third parties, you are obliged to adhere to the terms of use of the respective providers.
7.4 – Furthermore, during your use of the Platform (or any of its functionalities) and the Services you may not:
7.4.1 – Use them in a manner likely to unreasonably limit usage by our other customers, including but not limited to burdening the server on which the Platform is located by automated requests outside the interface designed for such a purpose;
7.4.2 – Gather, save, enable the transmission to third parties or enable access to the content that is (themselves or their accessibility) contradictory to the generally binding legal regulations effective under applicable law where the Platform or Services are used or where detrimental consequences could arise by taking such actions, including but not limited to the content that:
a) interferes with the copyright, with rights related to copyright or with other intellectual property rights and/or confidential or any sensitive information;
b) breaches the applicable legal rules relevant to the protection from hatred for a nation, ethnic group, race, religion, class or another group of people or relevant to the limitation of rights and freedoms of its members or invasion of privacy, promotion of violence and animosity, gambling or the sales or usage of drugs;
c) interferes with the rights to the protection of competition law.
7.4.3 – Gather, save, enable the transmission to third parties or enable access to content that makes conspicuous resemblance to the Platform, Services or third- party applications for the purposes of confusing or deceiving Internet users (so- called phishing);
7.4.4 – Gather, save, enable the transmission to third parties or enable access to the Platform that harm our good reputation or authorized interests (including hypertext links to the Platform that harm our good reputation or authorized interests);
7.4.5 – Disseminate computer viruses or other harmful software via the Platform or in connection with the Platform;
7.4.6 – Use mechanisms, instruments or computer equipment or processes (including, but not limited to, Crypto-mining) that have or could potentially have a negative effect on the operation of devices used by us, on the security of the internet or internet users; or
7.4.7 – Generate fraudulent impressions 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 or 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 optimisation services and/or software or any other generation of revenue utilizing fraudulent means.
8. Disclaimer
8.1 – We are not obliged to verify the manner in which you or other Users use the Platform, Configuration or Services and we shall not be liable for the manner of such usage. We assume that you use the 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 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.
8.2 – In compliance with the provisions of Section 5 of Act No. 480/2004 Sb., on certain Information Society Services and on Amendments to some Acts (Act on Certain Information Society Services), as amended, we shall not be liable for the contents of the information that you save on our Platform, Platform or by means of them, or by means of the Configuration.
8.3 – We shall not be liable for any of your unlawful actions in connection to the usage of the 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 programmes of third parties).
8.4 – WE MAKE NO REPRESENTATION, WARRANTY, OR GUARANTEE AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE PLATFORM AND ITS FUNCTIONALITIES, SERVICES OR ANY CONTENT. WE DO NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE PLATFORM OR SERVICES WILL BE COMPLETELY SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE PLATFORM (AND ITS FUNCTIONALITIES), CONFIGURATION AND 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 WEBSITE OR PLATFORM, CONFIGURATION OR 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 PLATFORM AND SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE PLATFORM (AND ITS FUNCTIONALITIES), CONFIGURATIONS AND 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.
8.5 – We shall not be liable for any defects of the Platform, Platform (or its functionalities), Configuration or Services arising due to unauthorized interference with the Platform, Platform, Configuration or the use of Platform or Configuration contradictory hereto. We shall neither be liable for errors with respect to the function or non-function of the Configurations arising due to the changes of third-party websites (i.e. website from which the relevant Configuration is to extract data) upon the Configuration creation.
8.6 – You acknowledge that the Platform and the Services may not be available constantly. We may perform their planned or unplanned downtime in order to perform the inspection, maintenance, update or replacement of hardware or software. Their availability may also be limited due to other reasons, including but not limited to, power cuts, data network loss, other failures caused by third parties or caused to the devices of third parties or due to force majeure events.
9. Indemnity
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 Platform, Configuration or Services and/or your breach of these Terms of Use. 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.
10. Limitation of Liability
10.1 – TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, 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) OUR AGGREGATE LIABILITY TO YOU UNDER THIS AGREEMENT FOR ANY CLAIM IS LIMITED TO THE AMOUNT PAID TO US BY YOU IN THE SIX MONTH PERIOD PRIOR TO THE EVENT THAT GAVE RISE TO SUCH CLAIM.
10. 2 – 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.
10.3 – Nothing in this Paragraph 10 is intended to exclude liability for any cause of action that cannot be excluded by applicable law.
11. Force Majeure
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 SAVE THAT this Paragraph 11 shall not excuse any obligation by the User to make timely payment for any Services under any circumstances.
12. Confidentiality
12.1 – During the term of your use of the Platform and for a period of two (2) years following the termination or expiration of your subscription, each party agrees not to disclose the confidential information of the other party to any third party without prior written consent except as provided herein. Confidential information shall include, but is not limited to:
12.1.1 – subscription account data, including agent definitions, customer data, pricing information and User content;
12.1.2 – any other Platform or Services information or access to technology prior to public disclosure provided by us to you and identified at the time of disclosure in writing as “confidential”; and
12.1.3 – and any other information which should be thought reasonably to be confidential by the receiving party.
12.2 – Confidential information does not include information that:
12.2.1 – has become publicly known through no breach by a party;
12.2.2 – has been independently developed without access to the other party’s confidential information;
12.2.3 – has been lawfully received from a third party; or
12.2.4 – is required to be disclosed by law or by a governmental authority subject to Paragraph 12.3 below.
12.3 – We may immediately suspend your use of the Platform 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 Platform or Services.
12.4 – 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 indemnify us in respect of the full scope of the damages.
13. Payment Terms
13.1 – License and Subscription. Within the scope of your user account on the Platform or by means of the Platform, you may order a paid license (”Subscription“) to use the Platform (an extended paid version as opposed to the basic version that is free of charge) or other Services in compliance with the up-to-date information and prices provided for the given license or Service on the Platform or as agreed with us individually.
13.2 – You may use the online checkout service on the Platform OR you may also make payment via a bank transfer, if you have selected this latter method of payment during the order process. Payments via bank transfer shall be made in accordance with the instructions supplied to you by us in writing.
13.3 – Your orders made by means of the Platform shall be binding. By entering the relevant details of your debit card, credit card or bank details during the order-making process, you agree that the price of the ordered license, Subscription or Service shall be deducted from the card. The amount you are to pay shall always be deemed as paid for when credited to our bank account or our other electronic accounts held with a provider of payment services (e.g. Stripe).
13.4 – Authorisation of Recurring Payments. Unless agreed otherwise, you shall make the periodic payments (“Subscription Fees”) for the license (“Subscription“) to use the Platform on a monthly basis (“Billing Period”). The Billing Period shall commence on the date of your first payment. The Subscription Fees are payable at the first date of the Billing Period for which it is valid. You agree that the Subscription Fees for the relevant Billing Period shall be deducted by us from the debit or credit card the details of which were provided by you when ordering the relevant license. By agreeing to these Terms of Use and purchasing a license, you acknowledge that your license has recurring payment features and you accept responsibility for all recurring payment obligations prior to cancellation of your license by you or us. We (or our third party payment processor) will automatically charge you in accordance with the term of your Subscription (e.g., each month), on the calendar day corresponding to the commencement of your Subscription, using the payment information you have provided. If you have provided multiple payment methods, we reserve the right to charge the Subscription Fees to any payment method you have provided.
13.5 – Early Credits. Should you exhaust your credits during your Billing Period and you wish to use your credits for the next month earlier or upgrade to a plan with more credits, you shall be permitted to do so provided that we shall alter the Billing Period to the date upon which we grant you the early credits or perform the upgrade (for more on upgrades see Paragraph 13.7 below).
13.6 – Uplift. We reserve the right to increase the Subscription Fees and/or increase the cost of credits in a given plan upon thirty (30) days prior written notice to you. You shall have the right to terminate the Subscription during that thirty (30) day period. If you do not terminate within this window you will be deemed to have accepted the increase and will be contractually bound to make payment of the new Subscription Fees and/or new credit prices from the subsequent Billing Period following its expiry.
13.7 – Upgrade, Downgrade, and Changes. Should you order an upgrade of the license you are currently using, you shall pay the pro rata difference for the previously paid price of the currently used license and the price of the new license for the remainder of the current Billing Period. The upgrade shall be performed immediately upon payment of the difference. Should you select a downgrade of the currently used license, the granting of such downgrade is at our discretion and you may not request the return of the paid Subscription Fees for the current Billing Period (or its part) and until the end of the then current Billing Period you may use the Subscription for the prior version. Upon the effectiveness of the upgrade or downgrade, the Subscription Fees deducted for the following Billing Period shall correspond to the newly selected Subscription. You may request a change to your Subscription at any time by initiating a change through your account settings. If you choose to downgrade your account and we agree to do so, you may lose access to features or credit. Toward the end of each Billing Period your API credits and Subscription are reset and we do not refund, roll over or compensate for any unused credit.
13.8 – Taxes, Fees and Refunds. You have the right to ask for a refund up to seven (7) days after the first day of purchase (not the same as the day renewal date). After that we shall not refund any Subscription Fees or other amounts paid by you to us. Your Subscription shall continue until canceled by either party in accordance with these Terms. There are no refunds for payments made once Services have been rendered or license provided.
13.9 – For the avoidance of doubt, Subscription Payments are made for the right and license to access the Platform and Services. Consequently, non-usage of the Platform and/or Services does not relieve you of any obligation to make payment under these Terms of Use.
13.10 – You must pay all amounts due to us under these Terms of Use or otherwise in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law) including the costs of any financial transfer fees that may be incurred as a result of any payments to us in respect of the Services.
13.11 – We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the maximum rate permissible by applicable law. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
13.12 – Should you fail to make payment when overdue as stated on any invoice or demand from us, we shall have the right to suspend your access to the Services until payment is made in full along with any applicable interest.
13.13 – In the event that payment remain outstanding for than sixty (60) days, we reserve the right to engage reputable debt collection agencies to recover monies owed to us. You acknowledge and agree that should this occur we shall be entitled to pass these costs on to you as part of your total debt along with any interest that has accrued.
13.14 – You hereby agree to pay all applicable fees and/or charges under these terms, including interest, any debt collection fees that we incur as a result of late payment and any applicable taxes or charges imposed by any government entity, and that we may change its pricing at any time. Charges shall be calculated and billing shall be dated 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.
14. Term, Termination and Variation
14.1 – Unless mutually agreed otherwise in writing, the Contract between us shall be for an indefinite period of time. Either we or you may terminate any such agreement for convenience on thirty (30) days’ notice by canceling your user account on the Platform (user account may be canceled in the account settings).
14.2 – We may terminate the Contract with immediate effect if:
14.2.1 – You are delayed in payment of any amounts due to us under the Contract for more than thirty (30) days; or
14.2.2 – You breach these Terms of Use in any way whatsoever (including, but not limited to, infringement of our intellectual property, the terms of the license or acceptable use).
14.3 – When terminating the Contract or revoking your User account, we may eliminate any data associated with such User account.
14.4 – Termination shall be without prejudice to our accrued rights or your obligations post-termination.
15. Updates to the Platform and/or Services
15.1 – If necessary (including but not limited to the market development, development of the Platform and related technologies and with respect to new risks associated with the Platform and the safety of its use), we may unilaterally amend the version hereof without notice to you, provided that such amendment does not materially adversely affect the features of your Subscription.
15.2 – We may make amendments to the Platform and or/Services which do materially adversely affect the features of your Subscription on giving you thirty (30) days’ notice (“Amendment Notice Period”) in advance prior to its effectiveness by displaying the notification in your user account or otherwise on the Platform. Should you disagree with such an amendment, you may terminate the Contract within the Amendment Notice Period, effective on its expiry by canceling your User account (cancellation may be performed in your account settings). In the event that you terminate the Contract, you shall not be entitled to a refund of any Subscription Fees already paid but you shall be released from any further liability to pay such Subscription Fees from the expiry of the Amendment Notice Period. Should you fail to cancel your User account before the expiry of the Amendment Notice Period, you shall be deemed to accept such amendment which shall forthwith be incorporated into the terms of the Contract.
16. Links to other websites
16.1 – Our Platform may contain links to other sites. Unless expressly stated, these sites are not under our control.
16.2 – We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.
16.3 – The inclusion of a link to another site on our Platform does not imply any endorsement of the sites themselves or of those in control of them.
17. Linking to our Website
17.1 – You may link to our Platform, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
17.2 – However, you must not:
17.2.1 – establish a link in such a way as to suggest any form of association, approval or endorsement by ScraperAPI, unless otherwise approved by us;
17.2.2 – establish a link to our Platform in any website that you do not own;
17.2.3 – frame our Platform on any other site, nor may you create a link to any part of our website other than the home page; or
17.2.4 – link from any website that contains fraudulent, false, misleading or deceptive information; or defamatory, libelous, obscene, pornographic, vulgar or offensive content; or promotes discrimination, racism, hatred, harassment or harm toward any third-party; or promotes violence or actions that are threatening to any third-party; or promotes illegal or harmful activities.
17.3 – If you contravene this Paragraph 17, we reserve the right to withdraw linking permission without notice.
18. Privacy
18.1 – Your privacy is critical to us. We respect your privacy and comply with Data Protection Laws with regard to your personal information.
18.2 – These Terms and Conditions should be read alongside, and are in addition to our policies, including our Privacy and Cookies Policy.
18.3 – For the purposes of these Terms of Use:
18.3.1 – ‘Data Protection Laws’ means any applicable law relating to the processing of personal information, including, but not limited to the GDPR.
18.3.2 – ‘GDPR’ means the General Data Protection Regulation (EU) 2016/679.
18.3.3 – ‘Data Controller’ and ‘Processing’ shall have the same meaning as in the GDPR.
18.4 – Some of our Services facilitate the scraping of publicly available information by you. Some of that information may include personal information. We are neither a Data Controller or a Processor of such personal information. You are solely responsible for compliance with the Data Protection Laws in regard to any personal information that you scrape and indemnify for us for all and any losses that we suffer as a result of any breaches of the Data protection Laws by you in accordance with Paragraph 9.
18.5 – Where you supply personal information to us so we can provide Services to you, and we Process that personal information in the course of providing the Services to you, we will comply with our obligations imposed by the Data Protection Laws:
18.5.1 – before or at the time of collecting personal information, we will identify the purposes for which information is being collected;
18.5.2 – we will only Process personal information for the purposes identified;
18.5.3 – we will respect your rights in relation to your personal information; and
18.5.4 – we will implement technical and organizational measures to ensure your personal information is secure.
18.6 – For any enquiries or complaints regarding data privacy, please contact us at support@scraperapi.com.
19. Final Provisions
19.1 – These Terms and any other contracts and legal relationships concluded by and between us (unless otherwise explicitly provided) shall be governed by the laws of the State of Nevada in the United States. Any disputes arising here from between us shall be resolved by the courts of the State of Nevada in the United States. Notwithstanding anything to the contrary set out in this Paragraph 19.1, the User agrees that we shall have the right to pursue any remedies available at law or equity, under these Terms of Use, any Contract or otherwise, in any convenient forum under the laws prevailing in that territory, arising from the User’s acts or omissions.
19.2 – Where we enter into a Contract with you and there is a conflict between any provision of the Contract and these Terms of Use, the specific provision in the Contract shall prevail.
19.3 – Should any of the provisions hereof be ascertained as invalid, ineffective or unenforceable, upon mutual agreement such a provision shall be replaced by a provision whose sense and purpose comes as closely as possible to the original provision. The invalidity, ineffectiveness or unenforceability of one provision shall not affect the validity and effectiveness of the remaining provisions hereof.
19.4 – If you have any questions regarding the Terms of Use or this License Agreement, please contact us through support@scraperapi.com.
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