Terms & Conditions
SocialData.Tools offers SocialData.Tools services to you, a user, under the condition that you accept all of our set terms, including these Terms of Service and all related policies.
Thank you for using SocialData.Tools content scraping services (the “Services”). These Terms of Service (the “Agreement”) spell out what rights you have with respect to the Service extracted content, which you obtain (the "Content”), your use of the Services, and other important topics like arbitration. Please read it carefully. We have a privacy policy which outlines how we handle your data. This Agreement is entered into by and the entity or person agreeing to these terms ("Customer") and govern Customer's access to and use of the Services.
This Agreement is effective when the Customer is presented with this Agreement and proceeds to use the Services (the "Effective Date") or to receive the Content. These terms may be updated and presented again to the Customer from time to time. Continued use of the Services constitutes acceptance of the updated terms. If you do not agree to the Agreement, please stop using the Services.
Other documents referenced here may also bind Customer’s use of this Services.
1. Acceptance of these Terms
By clicking the button “Sign up” during registration on our Website, you claim that you are over 18 years old and agree to adhere to these Terms and also to the terms of personal data protection (hereinafter referred to as the “Privacy Policy”). If you act 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 the company (herein the term “you” shall mean the relevant company). You agree to adhere to these Terms also by the fact that you visit or use the Website, any software, application or any other service running or available on the Website or a service we provide or make accessible to you.
2. Our Services
By means of our Website or by other means, including an Application Programming Interface (API), we enable you to use our services and functions (hereinafter referred to as the “Services”). In addition to other things, the Website and API make it possible to:
- Provide servers for remote access to other servers (so-called ”proxy servers” or “proxies”);
- Download and extract structured data from the websites;
- Download, save and process data;
Our other Services also include:
- Download and extract structured data from the websites;
- Download, save and process data;
- Provide servers for remote access to other servers (so-called ”proxy servers” or “proxies”);
Some functions of the Website as well as some other Services may be used free of charge upon registration on the Website (i.e. upon clicking “Sign up”). Use of other functions of the Website and Services is available against payment as is managed hereby and by the terms stipulated on the Website.
3. User Account
Upon registration on the Website, a user account shall be created for you. During Sign-up 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. You are also obliged to protect the login details of your account and to prevent any third parties from using your account. We shall not be liable for any misuse of your account due to the breach of the aforementioned obligations. Moreover, we shall be authorised to block your account or delete it completely including all the data provided therein; you agree that such action shall be followed by no compensation.
Unless otherwise agreed by us in writing (i.e. also by email), each user may create and use one user account at the most. Creating (directly or by means of a third party) and/or using multiple personal accounts (even for the use of various email addresses) without our written (incl. email) consent shall be considered a breach of this section with the same consequences as stipulated in the paragraph above. Use of organization accounts shall not be limited by this paragraph.
You shall: (i) notify us immediately of any unauthorized use of any password or account or any other known or suspected breach of security; (ii) report to us immediately and use reasonable efforts to stop immediately any copying or distribution of content or infringement of our Website and/or Services that is known or suspected by you; and (iii) not impersonate our another user or provide false identity information to gain access to or use the Website or Services.
You acknowledge that when you contact our support team and request their help with some issue you are having with our Website and/or Services, the members of the support team may access your account in order to help you with resolving that issue. The support team limits its actions on your account only to those necessary for providing the requested support.
4. License and Copyright
You acknowledge that our Website (and software and applications associated therewith) and Services provided by us are protected by Act No. 121/2000 Sb., on Copyright and on Related Rights and on Amendments to Certain Acts (the Copyright Act), as amended, and by other related legal regulations (hereinafter referred to as the “Copyright Act” or the “Copyright”). We alone shall own all right, title and interest, including all intellectual property rights to the Website and other 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 Website and other Services. You acknowledge that any use of the software, systems, and functionalities of third parties available on the Website 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 familiarised and agree with the license terms of the relevant third parties). Should you breach any of those terms, we shall not be liable for any such action.
In order to use the Website or Services provided by us, we provide you with a non-exclusive license without territorial restriction (i.e. worldwide license). Within the scope of the license, you may use the Website or the Services in their unchanged form (excluding the amendments, modifications, and updates of the Website performed by us) for the purpose for which the Website or the Services has been designed (as defined in Article 2 hereof) and in the manner and within the scope of these Terms. We shall grant you the license exclusively for the use of the Website and Services on our servers, or the servers maintained by us or designed for such purpose (e.g. Amazon Web Services or GitHub).
Within the license you may not modify, adjust or connect the Website (or any parts of it whatsoever) or its name with any other copyrighted work or use it in a collective work. Your right to use the Website and the Services in compliance herewith and within the scope of their common functionality shall not be affected. Furthermore, you may not create any reproductions of the Website or the Services (or any parts of it whatsoever), of our software, and of applications (in any form), or to disseminate them except such parts of them that are open-source (i.e. so-called free license). You may not provide the license as a whole or any authorisations forming the part thereof wholly or partially to a third person (to provide a sub-license) and neither may you assign any rights and obligations arising from the license.
The provided license or the Terms shall not transfer any of our intellectual property rights to you (including the rights to trade-marks or brands or names). We neither provide you with any other license than the license specified explicitly hereby.
Should you breach these Terms in any way or had you breached them in the past, we may reject or disable your license provision, use of the Website or other Services.
5. Terms of Use of the Website and Services
You may use the Website and other Services solely for the purposes of data extraction from publicly accessible websites (including websites that may require the user's login) or from other sources you are authorised to access. The Website or Services functionalities may be used solely on such publicly accessible websites or other sources where their use (including data extraction) is permitted explicitly or where you are authorised to do so. Should you instruct us to use the Website or the Services on certain publicly accessible websites or other sources and to send you the extracted data subsequently, you hereby declare and guarantee that use of the functionalities of the Website and/or Services as well as the data extraction on such websites is expressly permitted or authorised 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 Website 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 Website or any Services.
You may not take any actions which could lead to unauthorised use of the Website or the Services. The actions you are not authorised 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 Copyright to the Website (e.g. our logo or any other designation).
You may not allow any third parties to use and/or access the Website or Services by using your user account. Use of the Website and Services shall only be possible on the grounds of the license provided by us hereunder. Should you take such unauthorised actions, you agree to compensate us for any damages incurred by us in this respect.
You acknowledge that the Website or 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. We shall not be liable for the limitation of availability of the Website, Platform or the Services.
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.
6. Liability
We are not obliged to verify the manner in which you or other users use the Website or Services and we shall not be liable for the manner of such usage. We assume that you use the Website 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 Website or Services. Provided that a third-party service or product is established based on the Services 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.
We shall not be liable for any of your unlawful actions in connection to the usage of the Website 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 programs of third parties).
We shall not guarantee or be liable for the availability of the Website or Services (or products arising therefrom) or for their performance, reliability or responsiveness or any other performance or time parameters. We shall neither be liable for the functionality or availability of the services of other providers that we mediate to you solely. We shall neither be liable for your breach of service usage terms of such providers.
7. Warranty
WE MAKE NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE WEBSITE AND ITS FUNCTIONALITIES, SERVICES OR ANY CONTENT. WE DO NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE WEBSITE 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 WEBSITE (AND ITS FUNCTIONALITIES) 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 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 WEBSITE, PLATFORM AND SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE WEBSITE (AND ITS FUNCTIONALITIES) 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 BY US.
We shall not be liable for any defects of the Website (or its functionalities) or Services arising due to unauthorised interference with the Website. We shall neither be liable for errors with respect to the function or non-function of the Services arising due to the changes of third-party websites (i.e. website from which to extract data).
8. Limitation of Liability; Force Majeure
EXCEPT FOR ANY INDEMNIFICATION AND CONFIDENTIALITY OBLIGATIONS HEREUNDER, (i) IN NO EVENT SHALL EITHER PARTY BE LIABLE UNDER THESE TERMS FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND (ii) OUR AGGREGATE LIABILITY TO YOU UNDER THIS AGREEMENT FOR ANY CLAIM IS LIMITED TO THE AMOUNT PAID TO US BY YOU FOR THE SERVICES GIVING RISE TO THE CLAIM. Each party acknowledges that the other party has agreed to these terms relying on the limitations of liability stated herein and that those limitations are an essential basis of the bargain between the parties. Without limiting the foregoing and except for payment obligations, neither party shall have any liability for any failure or delay resulting from any condition beyond the reasonable control of such party, including but not limited to governmental action or acts of terrorism, earthquake or other acts of God, labour conditions, and power failures.
9. Your Obligation to Indemnify
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 Website or 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.
10. Legal Disclaimer and Warning
We may immediately suspend your use of the Website 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 Website or Services.
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 pay us the full scope of the damages.