Terms & Conditions

Terms & Conditions

By accessing the Service and Data at Scrapeulous, you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.

Usage License

Permission is granted to download the materials (information or software) on the Scrapeulous website and Service for as long as your use case requires. This is the grant of a license, not a transfer of title, and under this license you may not:

• Attempt to decompile or reverse engineer any software contained on the Scrapeulous website or Service.
• Remove any copyright or other proprietary notations from the materials.
• Register more than one API key at any one time.
• Attempt to circumvent any restrictions or limits placed on your API key or account.
• Which rights you have with regard to the data we process about you.
• Which cookies are used on our websites and how they can be managed (cookie policy).

This license shall automatically terminate if you violate any of these restrictions and may be terminated by Scrapeulous at any time, with or without cause, with or without notice, effective immediately. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, waiver and release, indemnity and limitations of liability.

Data License

As part of the Scrapeulous Service, Scrapeulous collects and generates certain Data by aggregating information regarding publicly available web pages, utilizing Scrapeulous's proprietary technology. This Data does not contain any personally identifiable information regarding any end users. As part of the API Service, certain Data is made publicly available to end-users.

Data accessible through Scrapeulous may contain third party content (such as text, images, videos). This content will remain the sole responsibility of those who make it available. In some cases content accessible through our API may also be subject to intellectual property rights. If this is the case you may not use it unless you are licensed to do so or are otherwise permitted by law.

Unless applicable by law or expressly permitted by the owner, you will not, and will not permit your end users or others acting on your behalf to, do any of the following with the Data returned from the API:

• Misrepresent the ownership or the source.
• Obscure, remove or change any copyright, trademark, or other proprietary notices.
• Falsify or delete any author attributions, legal notices, or other labels of the origin or source of material.
• Unless expressly authorized herein, you may not publicly release or disclose any data or usage statistics or other information regarding the Data.

Accuracy of Materials

The materials appearing on the Scrapeulous website and Service could include technical, typographical, or photographic errors. Scrapeulous does not warrant that any of the materials on its website are accurate, complete or current. Scrapeulous may make changes to the materials contained on its website at any time without notice. However Scrapeulous does not make any commitment to update the materials.

Payment

By selecting a paid plan you agree to pay Scrapeulous the monthly or annual subscription fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for a paid plan and will cover the use of that service for a monthly or annual subscription period as indicated. You represent and warrant that you are authorized, or have the permission of the authorized signatory of the credit card or charge card provided to Scrapeulous, to pay any fees incurred from use of the Service.

Unless you notify Scrapeulous before the end of the applicable subscription period that you want to cancel a paid account, your paid subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee (as well as any taxes) using any credit card or other payment mechanism we have on record for you. If you exhaust the allocation of API requests included in your plan you authorize us to collect the then-applicable fee (as well as any taxes) using any credit card or other payment mechanism we have on record for you in exchange for another block of API requests. Paid plans can be canceled at any time in the Account section of the Scrapeulous Service.

Unused API requests included in your plan do not roll over at the end of the month.

Refund and Cancellation Policy

You may cancel your monthly or annual subscription at anytime. However Scrapeulous will not refund subscription fees for the current or previous period(s).

Service Level Agreement

If we do not achieve and maintain the Service Levels for each plan as described in this SLA, then you may be eligible for a 10% credit towards your monthly service fees.

This SLA and any applicable Service Levels do not apply to any performance or availability issues:

• Due to factors outside our reasonable control (for example, natural disaster, war, acts of terrorism, riots, government action, or a network or device failure external to our data centers, including at your site or between your site and our data center).
• That result from the use of services, hardware, or software not provided by us, including, but not limited to, issues resulting from inadequate bandwidth or related to third-party software or services.
• Caused by your use of a Service after we advised you to modify your use of the Service, if you did not modify your use as advised.
• During or with respect to preview, pre-release, beta or trial versions of a Service, feature or software (as determined by us).
• That result from your unauthorized action or lack of action when required, or from your employees, agents, contractors, or vendors, or anyone gaining access to our network by means of your passwords or equipment, or otherwise resulting from your failure to follow appropriate security practices
• That result from your failure to adhere to any required configurations, use supported platforms, follow any policies for acceptable use, or your use of the Service in a manner inconsistent with the features and functionality of the Service (for example, attempts to perform operations that are not supported) or inconsistent with our published guidance.
• That result from faulty input, instructions, or arguments (for example, requests to access data that does not exist).
• That result from your attempts to perform operations that exceed prescribed quotas or that resulted from our throttling of suspected abusive behavior.
• Monthly Uptime Calculation

Monthly Uptime Percentage for each API Service is calculated as Total Request Attempts less Failed Requests divided by Total Request Attempts in a billing month for a given API subscription. Monthly Uptime Percentage is represented by the following formula:

Monthly Uptime % = (Total Request Attempts - Failed Requests) / Total Request Attempts * 100

Customer Data

Any personal information collected from Customer will be securely held and processed in accordance with local law and will never be shared with or sold to third parties.

You agree to allow us to send you important notifications via email to the email address we have on record for you. You can opt out from these at any time.

Copyright Infringement

If you believe that your own copyrighted work is accessible on the Service in violation of your copyright, you may provide our Designated Agent with a written communication as set forth in the Digital Millennium Copyright Act ("DMCA"), 17 U.S.C. § 512(c)(3) that contains the following written information:

A description identifying in sufficient detail the copyrighted work or intellectual property that you claim has been infringed so it may be accurately located using the URL. Where multiple works are at issue please provide a list of URLs or sufficient information to locate the alleged infringing material. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest. A statement by you that you have a good-faith belief that the disputed use is unauthorized by the copyright owner, its agent, or the law. A statement by you made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Also please include your name, mailing address, telephone number and email address.

Disclaimer

The materials on Scrapeulous's website and Service are provided on an 'as is' basis. Scrapeulous makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.

Further, Scrapeulous does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.

Indemnification

You will defend, indemnify and hold Scrapeulous harmless against any third party claims, liabilities or expenses incurred (including reasonable attorneys’ fees), as well as amounts finally awarded in a settlement or by a court arising from any claim or allegation by a third party arising out of

• (i) Allegations that Customer's usage of Scrapeulous’s Service infringes or misappropriates any trademark, copyright or other intellectual property of any third party
• (ii) Customer’s use of Data
• (iii) Scrapeulous services that are modified by Customer if the alleged infringement relates to such modification
• (iv) Scrapeulous services that are combined with any Customer product, process or materials where the alleged infringement relates to such combination
• (v) Customer’s use of a version of the Scrapeulous services other than the version that was current at the time of such use
• (vi) infringement or misappropriation of any proprietary right in which Customer has an interest; or (vii) your breach or alleged breach of any of your obligations or representations under this Agreement.

Limitations

In no event shall Scrapeulous or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on Scrapeulous's website, even if Scrapeulous or a Scrapeulous authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

Links

Scrapeulous has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Scrapeulous of the site. Use of any such linked website is at the user's own risk.

Modifications

Scrapeulous may revise these terms of service for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these terms of service.

Governing Law

These terms and conditions are governed by and construed in accordance with the laws of Germany and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location.