By accessing the website at scrapelabs.io, 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.
Confidential Information: means all information (in written, graphic, oral or other tangible or intangible form) disclosed by Scrapelabs to You which a reasonable person would understand to be confidential given the nature of the information and circumstances of disclosure, including, but not limited to information relating to Scrapelabs' security policies and procedures, any scientific or technical information, invention, design, device, process, compilation of information, record, specification, procedure, formula, improvement, technology, code, software code, hardware or method, any concepts, reports, data, know how, works in progress, product developments, designs, development tools, specifications, computer software, source code, object code, flow charts, databases, inventions, financial information, customer information, and trade secrets shall be deemed Confidential Information. Notwithstanding the foregoing, Confidential Information shall not include information that (a) was already known to You at the time of disclosure by Scrapelabs; (b) is or becomes generally available to the public other than by violation of these Terms or another valid agreement between the Parties; (c) was or is independently developed by You without use of Scrapelabs' Confidential Information; or (d) is required to be disclosed pursuant to a valid court order, so long as it is disclosed under seal.
Data Protection Law: means all legislation and regulations relating to the protection of personal data, including (without limitation), the Data Protection Acts 1988-2018, as amended, revised, modified or replaced from time to time; the General Data Protection Regulation (Regulation (EU) 2016/679); and all other statutory instruments, industry guidelines (whether statutory or non-statutory) or codes of practice or guidance issued by a relevant Data Protection Commissioner relating to the processing of personal data or privacy or any amendments and re-enactments thereof.
Order Form: means any of Our generated service order forms, statements of work, or agreements executed or approved by You with respect to Your subscription to a Service, which form may detail, among other things, the Service Plan applicable to Your subscription to the Service.
Party: means any party to these Terms, including You, Your Agents, and/or Scrapelabs.
Personal Data: means personal data as defined under the applicable Data Protection Law.
Process: means any operation or set of operations performed upon Personal Data, whether or not by automatic means, as defined in the applicable Data Protection Law. "Processes" and"Processing" shall be construed accordingly.
Service: means any service provided to You by Scrapelabs, as applicable, that You have purchased or to which You have subscribed.
Service Data: means all data extracted from any website by a Scrapelabs Service, including data received through web scraping or crawling, software or platform services, API, or other mechanisms through the Service.
Site: means www.scrapelabs.io, as well as any other websites that Scrapelabs operates.
“We,” “Us” or “Our”: means Scrapelabs.
“You”,“Your” or “Subscriber”: means the individual, legal entity or their Affiliate licensing the Software or using Our Service.
Scrapelabs: means Kacper Staniul Consulting Ltd, a British limited company, its subsidiaries, affiliates, or any of its successors or assignees.
3. Complete Agreement and Understanding
These Terms of Service are the entire and exclusive understanding and agreement between us and you regarding the Service, and these Terms supersede and replace any and all prior oral or written understandings or agreements between us and you regarding such topic, provided that any express modification in an Order Form shall govern and supersede any conflicting provision in these Terms. If we (or you) don’t enforce any part of these Terms, it won’t be considered a waiver.
4. Intellectual property rights
Code Ownership - unless otherwise stated, Scrapelabs shall own all rights, title, and interest in any code or other data generated through the Services.
Permissions - unless agreed otherwise, by using Scrapelabs' Services, You give 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 endorsement or affiliation is implied and your trademarks and copyrights remain your property.
5. Limitation of Liability
Scrapelabs shall not be held liable for any claims by third parties arising from Your use of the Service Data presented through the Services, nor shall We be liable for any alleged copyright/intellectual property infringement arising from Your use of the Service Data.
Any claims or damages that You may have against Scrapelabs shall only be enforceable against Scrapelabs and not any of its officers, directors, employees, contractors, representatives or agents.
Scrapelabs will never knowingly provide data extraction service that is illegal. Scrapelabs reserves the right to refuse service to anyone wishing to use its Services in an unlawful manner.
7. Confidential and personal data
You acknowledge and agree that if any Personal Data is collected, processed and/or transferred by Scrapelabs as a part of the Service Data or otherwise through Your use of the Services, for the purposes of the Data Protection Law and any other applicable data protection law or regulation, You and Scrapelabs are joint data processors and You are the sole data controller.
You are solely responsible for any Personal Data You receive through our Services, and you shall comply with the Data Protection Law and any and all applicable laws or regulations with regard to the collection and storage of Personal Data.
You warrant and undertake that any collection, processing, transfer and/or use of Personal Data by Scrapelabs arising from Your use of the Service Data is in compliance with the Data Protection Law and/or the relevant applicable data protection laws. You further warrant that any use of the Personal Data provided to You by Scrapelabs through our Services is in compliance with the Data Protection Law and/or the relevant applicable data protection laws.
Scrapelabs reserves the right to delete, pseudonymize, or anonymize any Personal Data collected through any Service provided to You by Scrapelabs at Your request.
8. Restrictions on Use of Service Data
You agree not to use the Service Data in certain ways. You agree not to use the Service Data to:
(i) violate any applicable laws (whether federal, state, or international to the U.S.) ("Laws"),
(ii) violate the U.S. CAN-SPAM Act of 2003 or the Canadian Anti-Spam Legislation (CASL), as such statutes may be amended from time to time, or the U.S. TCPA. For information on CAN-SPAM, go here; for information on CASL, go here and for information on the TCPA, go here;
(iii) use the Service Data to advertise or promote any goods or services (or send any other communications) that are illegal in the place offered or consumers,
(iv) use the advertise or promote adult service (such as pornography or escort services), tobacco products, illegal gambling, counterfeit or pirated goods or services, or violate any securities or commodities regulations (such as to support a “pump and dump” scheme);
(v) defraud, deceive or mislead anyone;
(vi) communicate or transmit content that is defamatory, dishonest, obscene, sexually explicit, pornographic, vulgar or offensive;
(vii) promote or engage in discrimination, racism, harassment or hate speech against any individual or group; or
(viii) threaten or promote violence.
9. Special Terms for Use of Service Data about European Union Residents
You may receive Service Data regarding European Union Residents (such as their name, job title, or contact information), which we refer to below as “EU Service Data.” If you do so, you agree that you will only use the Service Data in either of the following two situations:
(i) in order to perform reasonable and actual data validation or hygiene or updating of your own legally obtained customer database.
(ii) pursuant to explicit consent from the data subject of the Service Data, sufficient to comply with the consent requirements of GDPR.
When you receive or use EU Service Data, you understand and agree that you are the data controller, and we are your data processor, as those terms are used under the GDPR. You will obtain from each data subject (e.g., the persons in your customer database) all required consents, made available all required data subject rights, and otherwise comply with all provisions of the GDPR applicable to data controllers.
You also agree that you will not provide any Submitted Data to us regarding any resident of the European Union unless you have obtained legally sufficient consent to do so from the data subject of that Submitted Data.
To the extent that Scrapelabs processes any Customer Personal Data that is subject to the European General Data Protection Regulation (GDPR), on Customer’s behalf, in the provision of the services hereunder, the terms of the Scrapelabs Data Processing Agreement, shall apply. For customers that are located in the European Union or the European Economic Area, the Standard Contractual Clauses adopted by the European Commission, with Scrapelabs, which provide adequate safeguards with respect to the personal data processed by us under this Agreement and pursuant to the provisions of our Data Processing Agreement apply.
This Section supersedes and takes precedence over any separate agreement or terms that we may enter into with you, regarding any data licensed from you to us, or from us to you.
EXCEPT FOR ANY INDEMNIFICATION AND CONFIDENTIALITY OBLIGATIONS HEREUNDER, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, NEGLIGENCE OR OTHERWISE) WILL EITHER PARTY TO THESE TERMS, OR THEIR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE TO THE OTHER PARTY OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE 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 CONNECTION WITH THESE TERMS OR THE SERVICE, REGARDLESS OF WHETHER SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN SUCH DAMAGES. SCRAPELABS SHALL ALSO NOT BE LIABLE FOR CONSEQUENTIAL LOSSES IN RELATION TO ANY OF ITS INDEMNITY OBLIGATIONS.
11. Your Obligation to Indemnify
You agree to indemnify, defend and hold Scrapelabs, its agents, affiliates, subsidiaries, directors, officers, employees, and applicable third parties (e.g., all relevant Partner(s), licensors, licensees, consultants and contractors) (“Indemnified Person(s)”) harmless from and against any third party claim, liability, loss, and expense (including damage awards, settlement amounts, and reasonable legal fees), brought against any Indemnified Person(s), arising out of your use of the Services and/or your breach of any of these Terms. You acknowledge and agree that each Indemnified Person has the right to assert and enforce its rights under this Section directly on its own behalf as a third party beneficiary. 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 time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
12. Force Majeure
Neither party to these terms will be deemed responsible or liable for its failure to perform or delay in performance under these Terms (or any Order Form) where such delay or failure is beyond its control, such as where caused by strikes or labor disputes, internet or telecommunications failures, shortages of or inability to obtain labor, energy, or supplies, war, terrorism, riot, acts of God or governmental action, natural disasters including floods, earthquakes and hurricanes, acts by hackers or other malicious third parties and problems with the Internet generally, and such performance shall be excused to the extent that it is prevented or delayed by reason of any of the foregoing.
Scrapelabs 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.
14. Governing Law
These terms and conditions are governed by and construed in accordance with the laws of United Kingdom and you irrevocably submit to the exclusive jurisdiction of the courts in that location.
These terms are effective as of 1st August 2020.