Terms of Service

Last Update: May 15, 2020.

THESE TERMS OF SERVICE (“TERMS”) BUILD A CONTRACT BETWEEN YOU AND SCRAPERDEV AND REGULATE THE USE OF AND ACCESS TO THE SERVICE AND WEBSITE BY YOU AND YOUR AGENTS WHETHER IN CONNECTION WITH A PAID SUBSCRIPTION OF THE SERVICE, BETA TEST, FREE TRIAL, OR ANY OTHER USAGE OF THE SERVICE

Through acceptance of these Terms, or access or usage of the Service and/or Site, or authorizing or permitting any Agent to access or usage the Service, You agree to be bound by these Terms. If You are entering into these Terms on behalf of a company, organization or another legal entity (an “Entity”), You agree to these Terms for that Entity and representing to ScraperDev that You have the authority to bind such Entity and its Affiliates to these Terms, in which case the terms “Subscriber,” “You,” “Your” or related capitalized terms herein shall refer to such Entity and its Affiliates. If You do not have such authority, or if You do not agree to these Terms, You must not accept these Terms and are not allowed to use the Service.

1. Definitions

The following terms have the following meanings when used in these Terms with the initial letter capitalized, in addition to the terms delineated elsewhere in these Terms:

Account: refers to any accounts created by or on behalf of Subscriber or its Agents within the Service.

Affiliate: refers to, with respect to a Party, any entity that directly or indirectly controls, is controlled by, or is under common control with such Party, whereby “control” (including, with corresponding meaning, the terms “controlled by” and “under common control”) refers to the possession, directly or indirectly, of the power to direct, or cause the direction of the management and policies of such person or Entity, whether through the ownership of voting securities, by contract, or otherwise.

Agent: refers to an individual authorized to use the Service through Your Account as an agent and/or administrator as identified through a unique login.

API: refers to the application programming interfaces developed and enabled by ScraperDev that allows You to access certain data provided by the Service. API documentation can be found at: URL.

Confidential Information: refers to all information disclosed by ScraperDev to You which are understood as confidential by a reasonable person considering the nature of the information and circumstances of disclosure, including, but not limited to information relating to ScraperDev’s security procedures and policies, device, invention, process, design, any scientific or technical information, compilation of information, formula, procedure, record, improvement, specification technology, hardware or method, code, software code, any reports, concepts, know how, data, works in progress, designs, product developments, development tools, computer software, specifications, source code, flow charts, object code, databases, customer information, financial information, inventions, and trade secrets shall be deemed Confidential Information. Regardless of the foregoing, Confidential Information shall not involve information that (a) You were aware of at the time of disclosure by ScraperDev; (b) is or becomes generally available to the public other than by breach of these Terms or another legal agreement between the Parties; (c) was or is independently created by You without use of ScraperDev’s Confidential Information; or (d) is required to be disclosed in accordance with a valid court order, as long as it is disclosed under seal.

Contracting Party: refers to cWebSpace LTD, limited liability company based in Croatia.

Form: refers to any of our statements of work, generated service order forms, or agreements executed or approved by You with regard to Your subscription to a Service, which form may detail, among other things, the Service Plan applicable to Your subscription to the Service.

GDPR: refers to the General Data Protection Regulation. All references to GDPR take effect on May 25, 2018.

Party: refers to any party included these Terms, including You, Your Agents, and/or ScraperDev.

Personal Data: refers to any information referring to an identified or identifiable natural person where an identifiable person is one who can be identified, directly or indirectly by the information.

Platform: refers to any platform or software service provided to you by ScraperDev that requires online login through the self-service login feature on the Website, including, but not limited to, online login to other ScraperDev services.

ScraperDev: refers to brand name of cWebSpace LTD, limited liability company based in Croatia or any of its successors or assignees.

Service: refers to any service that ScraperDev has provided to You, as requested, that You have subscribed to or have purchased, whether made available to You on a free, beta, trial or paid basis.

Service Data: refers to all data extracted from any website by You or Your Agents through a ScraperDev, involving data received through web scraping or crawling, software or platform services, API, or other mechanisms through the Service.

Service Plan(s): refers to packaged service plan(s) and the functionality and services associated with them for the Service, as applicable, to which You are subscribed.

Site: refers to www.scraperdevelopment.com, as well as other websites which ScraperDev is operating.

Software: refers to software provided to You by ScraperDev (either by download or via internet access) that allows the usage of any functionality in connection with the applicable Service, by You or Your Agent.

Subscription Term: Refers to Your ScraperDev Service subscription period, which You have agreed to.

“We,” “Us” or “Our”: refers to ScraperDev.

2. GENERAL CONDITIONS: ACCESS TO AND USE OF THE SERVICE

2.1. Service Access During the Subscription Terms and provided that You and Your agents comply with these Terms, you have limited access and right to use a Service in accordance with the Service Plan(s) to which You have subscribed.

2.2. License The Platform and Software Services are licensed, not sold, and ScraperDev reserves and retains all rights not explicitly granted in these Terms. You explicitly agree that ScraperDev reserves all worldwide rights, title and interest in and to the Platform and Software Services, including all rights to trademarks, patents, copyrights, trade secrets, trade names, know-how, data (including all applications therefor), and all proprietary rights under the laws of any jurisdiction. You agree that you will not do anything that is inconsistent with such ownership, including without limitation, challenging the validity of the licenses issued herein.

2.3. Ownership of Services and Service Data ScraperDev owns all rights, title, and intellectual property in the Services, except from any intellectual property rights to the Service Data held by third parties. All Service Data is presented “as-is” and ScraperDev disclaims all warranties to the data, links, content, and information presented in the Services, including any warranties of merchantability, non-infringement, specifically non-infringement of copyright or other intellectual property rights, and fitness for a particular purpose. ScraperDev grants You a limited, non-exclusive, revocable, non-assignable, and non-transferable license to access the Services according to Your Service Plan and to make use of the Service Data for intelligence gathering purposes and pursuant to applicable laws. The Services do not provide any permissions or copyright to You regarding the usage of the Service Data and it is your sole responsibility to determine the lawful usage of the Service Data obtained through any Services.

2.4. Third Party Data All third party Service Data is the property of the respective third parties. You agree and covenant to obtain all rights from owners of such third party Service Data necessary for You to copy, link, display or store such data. Use the third party Service Data for the purpose that it was intended. If you link to or display third party Service Data, you are required to be in compliance with all terms of use, laws, rules, policies and regulations applicable to such data.

2.5. Your Responsibilities You are responsible for ensuring that you give accurate information when signing up for any ScraperDev Service. ScraperDev reserves the right to suspend your account and/or access to the Services if it determines, in its sole opinion, that false and/or inaccurate information has been provided by You. You agree that Your use of the tools, applications, technologies, and products made available from time to time on the Site and via the Services are used solely in conjunction with the data extraction from publicly accessible websites. In all cases where copyrighted, proprietary, and or confidential data may be included as part or all of the extracted data, you agree to comply with all copyright and/or other intellectual property laws and rules covering such data involving, but not limited to, the retention, copying, resale and reproduction of such data. In all cases where personal data, as defined by the GDPR, may be included as part or all of the extracted data, You agree to adhere to GDPR in every sense. Moreover, you agree to comply with the laws on data protection within any applicable jurisdiction. You agree that ScraperDev shall not be held responsible for legal liabilities incurred through Your use or misuse of Service Data. You shall be held responsible for all activity occurring under your user account(s) and shall abide by all applicable national, state, local and foreign treaties, laws and regulations in connection with your use of the Services, inclusive of those related to international communications, data privacy and the transmission of personal or technical data. You shall: (i) inform ScraperDev immediately of any unauthorized use of any password or account or any other known or suspected violation of security; (ii) report to ScraperDev immediately and use reasonable efforts to stop immediately any distribution or copying of Service Data or other content or infringement of ScraperDev technology that is known or suspected by You or Your Agents; and (iii) not impersonate another ScraperDev user or provide false identity information to gain access to or use the Services. You shall be responsible for maintaining and procuring the network connections that connect Your network to the Service. We shall not be held responsible for informing You or Your Agents of any enhancements, fixes or upgrades to any software or for any compromise of data, including Service Data, transmitted across computer networks or telecommunications facilities (including but not limited to the Internet) which are not operated, controlled or owned by ScraperDev. We bear no responsibility for the reliability or performance of any connections as described in this Section.

2.6. Legal Use It is up to You to determine the legality of how you use our Services and Service Data. ScraperDev will never knowingly host or build any data extraction or data import agent that is clearly illegal. You guarantee that You will utilize the Services ethically and legally and that You have obtained permission, if necessary, to use the Services on the targeted data source. ScraperDev reserves the right to refuse service to anyone wishing to use the Services illegally. ScraperDev 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 an action is commenced by any third party arising from any disagreement, suit, complaint, or other repercussions resulting from Your use of the Services and/or Service Data, you agree to indemnify and hold ScraperDev and its parent(s), affiliates, subsidiaries, directors, agents, officers, employees, directors, and contractors harmless from any claim, expense, demand, or loss including reasonable attorneys’ fees.

2.7. Use Limitations In addition to compliance with the other terms, conditions and restrictions set forth below in these Terms, You agree not to:

license, sell, sublicense, rent, resell, assign, lease, distribute, transfer, time share or otherwise commercially exploit or make the Service available to any third party, other than authorized Agents in furtherance of Your internal business purposes as explicitly permitted by these Terms;;
use the Service to process data on behalf of any third party, unless the third party is also subject to these Terms;
adapt, modify or hack the Service or otherwise attempt to gain unauthorized access to the Service or related systems or networks;
falsely imply any association or sponsorship with ScraperDev;
use the Service and/or Service Data in any unlawful manner, including but not limited to violation of any person’s privacy rights;
use the Service and/or Service Data to store or transmit files, data, materials, images, text, video, audio or other content that infringes on any person’s or entity’s intellectual property rights;
link, post, upload, transmit, email or otherwise make available any Service Data or other content that you are not entitled to make available under any law, or under any contractual or fiduciary relationships;
use the Service to access, connect to or retrieve data from any third party system, sites or service which are subject to terms of service prohibiting your manner of access to, connection to or retrieval of data from the system, service or site;
use the Service in any way that interferes with or disrupts the performance or integrity of the Services and its components;
attempt to decompile, decipher, reverse engineer or otherwise discover the source code of any Software making up the Service;
use the Service and/or Service Data to knowingly post, link to, upload, transmit, send or store any content that is unlawful, abusive, hateful, obscene, libellous, or discriminatory;
use the Service to knowingly post, link to, upload, transmit, send or store any viruses, malware, Trojan horses, time bombs, or any other similar harmful software (“Malicious Software”); or
attempt to use the Service in breach of these Terms or any applicable law.

2.8. Prohibit Uses ScraperDev strictly prohibits using any of the Services or products:

to generate fraudulent impressions of or fraudulent clicks on your ad(s) or third-party ad(s) through any deceptive, fraudulent, automated or other invalid means, including but not limited to through repeated manual clicks, the usage of agents, robots 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;
to extract data that is illegal in any state or country where you reside;
to engage in any other fraudulent or illegal business practice under the laws of any state or country where you reside;
to extract data from websites that promote violence, illegal drug-related websites or hate-related websites;
which violates the terms and conditions of any website or web application;
to scrape any data from LinkedIn’s website;
to engage in any practice or action that reflects poorly on ScraperDev or otherwise devalues or disparages ScraperDev’s goodwill or reputation; and
to publish copyrighted and/or other proprietary content in breach of applicable laws and regulations.

Violation of these policies may result in immediate termination of your usage of the Services and the Site without notice, and may subject you to state and federal penalties and other legal consequences.

2.9. Agents You are responsible for complying with the provisions of these Terms by Your Agents and for any and all activities that occur within Your Account. Not limited to the aforementioned, You are solely liable to ensure that Your use of the Service to store, access, and/or transmit data is compliant with all applicable laws and regulations as well as any and all agreements, privacy policies or other obligations You may maintain or enter into with third parties. You agree and acknowledge that each Agent will be recognized by a unique username and password (“Login”) and that an Agent Login may only be used by one (1) individual. You will not share an Agent Login with multiple individuals. The aforementioned shall not be deemed to limit Your use of the features of the Service. You and Your Agents are liable for maintaining the confidentiality of all Login information for Your Account.

2.10. Suspension In addition to Our rights as set forth below, We reserve the right, in Our reasonable discretion, to temporarily suspend Your access to and use of a Service: (a) during scheduled downtime for upgrades and maintenance to the Service (of which We will use commercially reasonable efforts to notify You in advance both via Our Site and a notice to Your Account owner and Agents) (“Scheduled Downtime”); (b) during any unavailability caused by circumstances beyond Our reasonable control, such as, but not limited to, acts of government, acts of terror or civil unrest, acts of God, technical failures beyond Our reasonable control (including, without limitation, inability to access the Internet), or acts undertaken by third parties, including without limitation, distributed denial of service attacks; (c) if We assume or detect any Malicious Software connected to Your Account or misuse of the Service and/or Service Data by You or Your Agents; or (d) if you breach these Terms or fail to make the applicable payments for Your Service.

2.11. Third Party Sites This Site or the Services may be linked to other websites operated by third parties. We have no control over such linked sites, each of which has separate privacy and data collection practices independent of ScraperDev. We shall not be held responsible for and do not endorse nor accept any responsibility for the availability, content, products, services or use of any third party site, any website accessed from a third party site or any changes or updates to such sites. You agree to bear all risks associated with accessing and using the content provided on a third party site and agree that we shall not be held responsible for any loss or damage you may suffer from dealing with such a third party site.

2.12. Our Responsibilities If you notice errors of any kind, You should report it to the ScraperDev, and We will instantly respond to You. Please report these errors via one of our communications channels – chat, tickets, or send an email to info@scraperdevelopment.com. ScraperDev will make sure to solve your error within the time frame of 24 hours. Also, We are monitoring the technical part of your scraper and the entire system 24 hours a day.

3. Confidential and personal data

3.1. Confidential Information Subject to the express permissions under these Terms, each Party shall protect each other’s Confidential Information from unauthorized use, access or disclosure in the same way as each protects its own Confidential Information, but by no means with less reasonable concern. Unless otherwise expressly permitted under these Terms, each Party may use each other’s Confidential Information only to exercise their respective rights and perform their respective obligations under these Terms and shall disclose such Confidential Information (a) only to those of their respective employees, representatives, subcontractors and agents who have a need to know such Confidential Information for such purposes and who are required to maintain confidentiality of, and not misuse such Confidential Information; (b) where appropriate, to comply with an order or subpoena of court of a competent jurisdiction court or any administrative agency; (c) as reasonably necessary to comply with any applicable law or regulation.

3.2. Personal Data We collect certain information (which may include Personal Data) about You and Your Agents as well as Your and their respective computers, devices, and use of the Service. We protect, use, and disclose this information as described in Our Privacy Policy, the current version of which is available at URL and is integrated into these Terms by this reference.In providing the Service, ScraperDev shall engage entities within the ScraperDev and other authorized third party service providers, to process Personal Data in accordance with these Terms within the European Economic Area (the “EEA”), the United States and in other countries and territories.ScraperDev may also use your email address to send you other messages, including information about the Site, Services, news, events, updates, and special offers. You may cancel such emails by changing your preferences or sending an email to info@scraperdevelopment.com.

3.3. Data Security ScraperDev will maintain commercially reasonable physical, administrative and technical safeguards to protect the integrity, security and confidentiality of Personal Data. These safeguards include encryption of Personal Data in transmission (using TLS or similar technologies). Our compliance with the provisions of this Section 3.3 shall be deemed compliance with Our obligations to protect Personal Data as set forth in Section 3.2.

3.4. Third Party Service Providers You agree that We and the service providers that We utilize to assist in providing the Services to You shall have the right to access Your Account and to modify, use, distribute, display, reproduce and disclose Your personal data to the extent necessary to provide the Services, including, without limitation, in response to Your support requests. Any third party service providers We utilize will only be given access to Your Account, Personal Data, or Service Data as is reasonably necessary to provide the Service and will be subject to (a) confidentiality obligations which are commercially reasonable and substantially consistent with the standards described in these Terms and (b) their agreement to be in compliance with the data transfer restrictions applicable to Personal Data as set forth in Section 3.2 and the Privacy Policy.

3.5. Personal Data Within Service Data You are solely responsible for any Personal Data You collect through Your usage of the Services, and you shall comply with any and all applicable regulations or laws regarding the storage and collection of Personal Data. You will indemnify and hold ScraperDev harmless from Your access, use, distribution, copying, storage, or any other actions in relation to Personal Data You collect through the Services.

4. Intellectual property rights

4.1. Intellectual Property Rights Each Party shall maintain all rights, title, and interest in and to all their respective patents, copyrights, trademarks, inventions, domain names, know-how, trade secrets, and any other intellectual property and/or proprietary rights (collectively, “Intellectual Property Rights”). The rights given to You and Your Agents to use the Service under these Terms do not convey any additional rights in the Service, or in any Intellectual Property Rights associated therewith. Subject only to limited rights to access and use the Service as explicitly stated herein, all rights, title, and interest in and to the Service and all Software, hardware, APIs, and other components of or used to provide the Service, including all related Intellectual Property Rights, shall remain with the ScraperDev and belong exclusively to the ScraperDev. The ScraperDev shall have a fully paid-up, worldwide, royalty-free, sub-licensable, transferable, perpetual and irrevocable license to implement, modify, use, commercially exploit, and/or incorporate into the Service or otherwise use any enhancement requests, suggestions, recommendations or other feedback We get from You, Your Agents, or other third parties acting on Your behalf.

4.2. Code Ownership Unless otherwise specified in a Form, ScraperDev shall own all rights, title, and interest in any code or other data generated through the Services. ScraperDev may utilise Service Data, content, code, and all other data from the Services for product development and product training purposes.

4.3. Permissions By using ScraperDev’s Services, You grant us permission to use Your company’s name and/or logo on our website and other marketing materials identifying you as one of our customers. No affiliation or endorsement is implied and your trademarks and copyrights remain your property.

5. Billing, plan modifications and payments

5.1. Subscription Plan The prices, options, and features of the ScraperDev Services depend on the Subscription Plan selected. ScraperDev does not represent or guarantee that a particular Subscription Plan will be offered indefinitely and reserves the right to change the prices for or alter the features and options in a particular Subscription Plan without priorly notifying You.

5.2. Subscription Charges Unless otherwise specified on a Form referencing these Terms, all charges associated with Your access to and usage of the Service (“Service Charges”) shall be invoiced to You in advance on a one-off, monthly, quarterly, or annual basis, as determined by Your Subscription Plan, or with respect to any additional Services included to Your Account, at the time such additional Services are subscribed to, purchased, or otherwise deployed. Some Subscription Plans might contain monthly overage fees for use above the plan limitations, and any overage fees shall be charged to you following the period in which the overages occurred. Your Service Charges or charges for other services specified on any Form referencing these Terms are due within fourteen (14) days of Your receipt of Our invoice or notice to You and for Platform accounts immediately upon receipt of the invoice. If an invoice is not paid within 14 days of receipt, interest shall accrue on the unpaid amount at the rate of 2% per month until the invoice is paid in full and We may suspend or terminate access to and use of the Service by You and Your Agents. The Service Charges indicated in an invoice shall be considered accepted by You unless We are notified of a good faith dispute in written form within ten (10) days of the date of the invoice.

5.3. Service Upgrades If You choose to upgrade Your Service Plan during Your Subscription Term (a “Subscription Upgrade”), any incremental Service Charges in relation with such Subscription Upgrade shall be prorated over the remaining period of Your then current Subscription Term, charged to Your Account and due and payable upon implementation of such Subscription Upgrade. In any future Subscription Term, Your Service Charges shall reflect any such Subscription Upgrades.

5.4. Overage Charges Any overages incurred on Your Subscription Plan in a given period shall be charged to You following the period in which the overages incurred.

5.5. Service Credits Excluding any and all Service Plans, a credit for Service Charges or other fees or payments will be provided to You if You choose to terminate or downgrade Your Platform Service Plan (subject to the termination provisions within Your Subscription Plan). Your credits may be used at any time during the 12-month period following your termination or downgrade of Services. Service credits are only provided to Platform customers who sign up for the Service via ScraperDev’s website. Downgrading Your Service Plan may cause loss of features, content, or capacity of the Service as available to You under Your Account, and ScraperDev shall not be held liable for such loss.

5.6. Taxes Unless otherwise specified, Our charges do not include any levies, duties, taxes or similar governmental assessments, including value-added, sales, use or withholding taxes assessable by any local, provincial, state or foreign jurisdiction (collectively “Taxes”). You are responsible for paying Taxes except those assessable against ScraperDev based on its income. We will invoice You for such Taxes if We believe We have a legal obligation to do so and You agree to pay such Taxes if so invoiced.

5.7. Credit Card and Electronic Payments If You pay by credit card, PayPal, or certain other payment instruments, the Service provides an interface for the Account owner to input and change credit card information. The Account owner hereby authorizes the card issuer to pay the Subscription Charges and authorizes ScraperDev (or a billing agent acting on ScraperDev’s behalf) to continue automatically charging the Subscription Charges to Client’s credit card account in advance on a monthly basis, or on a periodic basis pursuant to the terms of Your Service Plan regarding periodic Subscription Charges. You further understand that the Subscription Charge shall continue to be charged to Your credit card until the Services are properly terminated pursuant to these Terms, or until the balance on Your Account is paid in full, whichever is later. You must provide current, accurate, and complete billing and credit card information to ScraperDev, and You agree to promptly update your Account information with any changes (for example, a change in Your billing address or card expiration) that may occur. If payment is not received from Your credit card issuer, You agree to pay all amounts due upon request. You further agree to pay all costs of collection, including but not limited to reasonable attorney’s fees and costs, on any unpaid outstanding balance. In certain cases, the issuer of Client’s credit card may charge a foreign transaction fee or related charges, which Client will be responsible to pay. Client is responsible for checking with its bank and/or credit card issuer for details regarding any foreign transaction fees or other bank fees. The Account owner will receive a receipt upon each receipt of payment by ScraperDev. ScraperDev uses a third-party intermediary to manage credit card processing and this intermediary is not permitted to use, retain or store Your billing information except to process Your credit card information for ScraperDev.

5.8. Modifications We maintain the right to modify Our Services or Site at any time, with or without notifying You. For example, we may add, suspend, stop, or remove a particular feature or functionality. We also reserve the right to charge a fee for any of our additional features at any time.

6. Term and termination

6.1. Term Your Subscription Term starts on the effective date specified in Your Subscription Plan or Form and continues for the initial subscription period specified therein.

6.2. Termination Subject to the provisions within this section, all Subscription Plans, Forms, or other agreements cannot be terminated by You during the Subscription Term of your agreement with ScraperDev. Unless otherwise stated in a Form, either Party may choose to terminate Your Account and subscription to the Service as of the end of Your then current Subscription Term by providing notice, in accordance with these Terms, on or prior to the date thirty (30) days preceding the end of such Subscription Term. For Platform users, unless Your Account and subscription to the Service is so terminated, Your subscription to the Service (including any and all additional Services) shall be extended for a Subscription Term equivalent in length to the then expiring Subscription Term. Either Party may terminate Your Services due to the other Party’s material breach of these Terms, if the breach remains uncured for more than thirty (30) days after receipt of written notice of such breach.

6.3. Money Back Guarantee You may demand a refund for any Platform Service, within 7-days of signing up for the Platform, provided that you have not started using it. You may also request a refund within 7-days of signing up for any Platform Service if the Platform was not successful for Your purposes and ScraperDev was not able to solve the problem within the 7-day window. If you were able to use the Platform Services successfully, You are not entitled to a refund under this Section. This Section only applies to new customers and does not apply if you have previously used a ScraperDev Platform.

6.4. Refunds and Credits Except for Platform Services, no refunds or credits for Service Charges or other fees or payments will be provided to You if You choose to end Your membership to the Service or drop Your Account preceding the finish of Your then compelling Subscription Term. Platform users may obtain refunds or credits in accordance with these Terms. Following the end or dropping of Your membership to the Service as well as Account, We maintain whatever authority is needed to erase all Service Data in the typical course of activity. Administration Data can’t be recuperated once Your Account is cancelled.

6.5. Unpaid Subscription Charges If You terminate Your subscription to the Service prior to the end of Your then effective Subscription Term or We effect such cancellation or termination, in addition to other amounts You may owe ScraperDev, You must immediately pay any then unpaid Service Charges related to the remainder of such Subscription Term.

6.6. Violation of Terms We reserve the right to suspend, modify or terminate the Service (or any part thereof), Your Account, or Your and/or Agents’ rights to access and use the Services, and discard, disable and remove any Service Data if We believe that You or Your Agents have violated these Terms. Except when legally prohibited from doing so, We will use commercially reasonable efforts to contact You directly via email to notify You when taking any of the aforementioned actions. We shall not be liable to You, Your Agents, or any other third party for any such discontinuation, suspension or modification of Your rights to access and use the Service. Any suspected illegal, fraudulent or abusive activity by You or Your Agents may be referred to law enforcement authorities at Our sole discretion.

7. Disclaimer and warranties

7.1. THE SITE AND THE SERVICE, INCLUDING ALL SERVER AND NETWORK COMPONENTS SHALL BE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND TO THE FULLEST EXTENT PERMITTED BY LAW, AND WE EXPLICITLY DISCLAIM ANY AND ALL WARRANTIES (INCLUDING WARRANTIES TO THE DATA, LINKS, CONTENT, AND INFORMATION GATHERED THROUGH THE SERVICE), WHETHER EXPLICIT OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF FITNESS, MERCHANTABILITY, TITLE FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT WE DO NOT GUARANTEE THE SERVICE TO BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE FROM VIRUSES OR OTHER MALICIOUS SOFTWARE, AND NO ADVICE, SERVICE DATA OR INFORMATION OBTAINED BY YOU FROM US OR VIA THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPLICITLY SPECIFIED IN THESE TERMS.

8. Limitation of liability

8.1. DAMAGES EXCEPT FOR ANY INDEMNIFICATION AND CONFIDENTIALITY OBLIGATIONS HEREUNDER, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, NEGLIGENCE, TORT OR OTHERWISE) SHALL EITHER PARTY TO THESE TERMS, OR THEIR AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS OR SUPPLIERS BE LIABLE TO THE OTHER PARTY OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR OTHER SIMILAR DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA OR BUSINESS INTERRUPTION INCURRED BY SUCH PARTY OR THIRD PARTY IN THE CONTEXT WITH THESE TERMS OR THE SERVICE, REGARDLESS OF WHETHER SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN SUCH DAMAGES. SCRAPERDEV SHALL ALSO NOT BE RESPONSIBLE FOR CONSEQUENTIAL LOSSES RELATED TO ANY OF ITS INDEMNITY OBLIGATIONS.

8.2. Third Party Permissions ScraperDev does not provide You with any rights, copyright, license or permissions with regard to the Service Data accessed via the Services, which may be liable to copyright or other intellectual property protection by third parties. ScraperDev shall not be held liable for any claims made by third parties arising from Your usage of the Service Data presented through the Services, nor shall We be held liable for any alleged copyright/intellectual property infringement emerging from Your usage of the Service Data.

8.3. Limitation of Liability REGARDLESS OF ANYTHING TO THE CONTRARY IN THESE TERMS, OUR AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY ARISING OUT OF THESE TERMS OR OTHERWISE CONCERNING ANY SUBSCRIPTION TO, OR USAGE OR EMPLOYMENT OF THE SERVICE, SHALL UNDER NO CIRCUMSTANCES EXCEED THE SUBSCRIPTION CHARGES FOR SUCH SERVICE PAID BY YOU DURING THE TWELVE (12) MONTHS PRIOR TO THE FIRST EVENT OR OCCURRENCE GIVING RISE TO SUCH LIABILITY, OR IF YOU ARE USING THE SERVICE FREE OF CHARGE OUR AGGREGATE LIABILITY TO YOU SHALL NOT EXCEED $1,000 USD. EACH PARTY ACKNOWLEDGES THAT THE OTHER PARTY HAS AGREED TO THESE TERMS RELYING ON THE LIMITATIONS OF LIABILITY SPECIFIED HEREIN AND THAT THOSE LIMITATIONS COSTITUTE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE ESSENTIAL PURPOSE OF THIS SECTION IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES AND LIMIT POTENTIAL LIABILITY GIVEN THE SUBSCRIPTION CHARGES, WHICH WOULD HAVE BEEN SUBSTANTIALLY HIGHER IF WE WERE TO ASSUME ANY FURTHER LIABILITY OTHER THAN AS SET FORTH HEREIN. WE HAVE RELIED ON THESE LIMITATIONS TO DETERMINE WHETHER TO PROVIDE YOU THE RIGHT TO ACCESS AND USE THE SERVICE PROVIDED FOR IN THESE TERMS. Some jurisdictions in certain circumstances do not allow the exclusion and/or limitation of liability, including but not limited to, exclusion of implied warranties, limitation of liability for incidental or consequential damages, limitation of liability for death or personal injury caused by negligence, or limitation of liability for fraud or fraudulent misrepresentation, which implies that some of the above limitations may not apply to You. IN SUCH JURISDICTIONS, SCRAPERDEV’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

8.4. Release In case of You having a dispute with a targeted information source (i.e. web application or website) related to the use (or misuse) of any of the Services, you release ScraperDev and its directors, agents, officers, joint ventures, subsidiaries and employees from any and all damages, claims and demands (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way in connection with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the moment of executing the release, which if known by him must have materially affected his settlement with the debtor.”

8.5. No Director and Officer Liability Any claims or damages that You may have against ScraperDev shall only be enforceable against ScraperDev and not any of directors, employees, officers, representatives, contractors or agents.

9. Indemnification

9.1. Indemnification by ScraperDev We will indemnify and hold You harmless from and against any claim against You by reason of Your use of the Service as permitted hereunder, brought by a third party alleging that the Service itself infringes or misappropriates a third party’s valid copyright, trademark, trademark or trade secret (an “IP Claim”). This indemnity provision is limited to IP Claims in relation to the Service itself, and does not indemnify You relating to the Service Data and/or Your usage of any Service Data obtained by You via the Service. We shall, at Our expense, defend such covered IP Claims and pay damages finally awarded against You in connection therewith, provided that (a) You promptly notify ScraperDev of the threat or notice of such IP Claim; (b) We shall have the sole and exclusive control and authority to choose defense attorneys, defend and/or settle any such IP Claim; and (c) You fully cooperate with ScraperDev in connection therewith. The provisions of this Section express the sole, exclusive and entire liability of ScraperDev to You and constitute Your sole remedy considering an IP Claim brought by reason of access to or usage of the Service by You or Your Agents.

9.2. Indemnification by You You will indemnify and hold ScraperDev and its affiliates, subsidiaries, agents, directors, officers, contractors, employees and applicable third parties harmless against any claim brought by a third party against ScraperDev arising from or related to (a) usage of the Service by You or Your Agents in violation of these Terms, (b) Your internal and/or external usage of the Service Data, (c) Your extraction of any third party data, (d) Your use of third party data retrieved via the Service, (e) any negligence or wilful misconduct by You; (f) Your usage, storage and/or extraction of any Personal Data via the Services, or (g) matters which You have explicitly agreed to be responsible in accordance with these Terms.

10. Miscellaneous

10.1. Assignment You may not, directly or indirectly, by operation of law or otherwise, assign all or any part of these Terms or Your rights under these Terms or delegate performance of Your duties under these Terms without Our prior consent, which consent will not be unreasonably withheld. We may, without Your consent, assign Our agreement with You to any member of ScraperDev or in connection with any merger or change of control of ScraperDev or the sale of all or substantially all of Our assets provided that any such successor agrees to fulfil its obligations in accordance with these Terms.

10.2. Entire Agreement These Terms, along with any Form(s), establish the entire agreement, and supersede any and all prior agreements between You and ScraperDev regarding the subject matter hereof. Regardless of the foregoing, additional terms may apply to certain functionality, features, or services We offer as part of or different from the Service (the “Additional Terms”). In such cases, We will inform You of such Additional Terms prior to the activation of these features, functionality, or services whereas the activation of these features, functionality, or services in Your Account shall be considered as acceptance of the Additional Terms. All such Additional Terms shall be considered incorporated into these Terms when You or any Agent authorized as an administrator in Your Account activate the feature, functionality, or service. In case of a conflict between these Terms and the Additional Terms, the Additional Terms will control.

10.3. Amendment and Waiver We reserve the right to alter these Terms every now and then, in which case the new Terms shall supersede earlier versions. We shall notify You prior to the effective date of any such amendment and Your continued usage of the Service following the effective date of any such amendment may be relied upon by ScraperDev as Your consent to any such amendment. Our failure to enforce any provision of these Terms at any time does not constitute a waiver of that provision or of any other provision of the Terms.

10.4. Severability If a court of competent jurisdiction holds any provision in these Terms to be unenforceable, such arrangement will be changed by the court and deciphered so as to best achieve the first arrangement to the furthest reaches allowed by law, while the remaining provisions of these Terms shall remain in effect.

10.5. Survival Sections 1, 2.3, 2.4, 2.5, 2.6, 2.7, 2.8. 2.9, 3, 4, and 7-13 along with any other provision of these Terms which explicitly or implicitly is intended to survive termination, shall survive any termination of our agreement. End of such agreement shall not restrict a Party’s liability for obligations accrued prior to such termination or for any violation of these Terms.

11. Relationship of the parties

The parties are independent contractors. These Terms do not constitute a partnership, agency, joint venture, franchise, fiduciary or employment relationship between the parties.

12. Notices

All notices to be given by ScraperDev to You under this Agreement might be delivered in written form (a) by nationally recognized overnight delivery service to the contact mailing address provided by You on any Form; or (b) electronic mail to the electronic mail address provided for Your Account. You must give notice to ScraperDev in written form by a nationally recognized overnight delivery service to (a) ScraperDev’s registered address at Attn: Ulica kralja Tomislava 2, 40000 Čakovec, Croatia; or (b) electronic mail to info@scraperdevelopment.com. All notices will be considered to have been given promptly upon conveyance by electronic mail, or if in any case conveyed upon receipt or, assuming prior, five (5) business days after being deposited in the mail.

13. Governing law

READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TAKE YOUR CLAIMS INTO CONSIDERATION. These Terms shall be interpreted, governed by, and authorized as per the laws of Croatia, and, for the purposes of any and all equitable or legal actions, You explicitly agree and shall be subject to the exclusive jurisdiction and venue of the courts of Croatia and agree you shall not disagree with such jurisdiction or venue on the grounds of lack of personal jurisdiction, forum non conveniens, or something else.