Terms of Service
Last Updated: 20 September 2024
Welcome to Crawlerhub. These Terms of Service ("Terms" or "TOS") govern your access Crawlerhub's website, software, APIs, and services (collectively, the "Service"). By registering, accessing, or using our Services, you acknowledge that you have read and understood these Terms of Service, and agree to be bound by them. Your continued use of the Service after such changes constitutes your acceptance of the new Terms. If any part of these Terms does not align with your expectations or needs, we kindly request that you refrain from using our Services.
1. Definitions
1.1 "Crawlerhub" refers to CRAWLERHUB (OPC) PRIVATE LIMITED, an Indian company with its principal office located in New Delhi, India.
1.2 "Client" refers to any individual, company, or entity that registers for, uses, or subscribes to the Services provided by CrawlerHub.
1.3 "Services" refers to the web scraping, data extraction, and related services offered by CrawlerHub.
1.4 "Deliverables" refers to the data or content extracted and processed according to the Client's specifications and delivered to the Client.
1.5 "Agreement" refers to these Terms of Service, along with any other agreements or addendums between CrawlerHub and the Client, including any Service Order Forms executed by both parties.
2. Acceptance of Terms
2.1 Agreement and Consent: By registering, accessing, or using the Services in any manner, you confirm that you have carefully read, reviewed, fully understand, and agree to these Terms of Service. Your continued use of our Services signifies your acceptance of these Terms. If, for any reason, these Terms do not meet your expectations, we kindly suggest that you reconsider using our Services and withdraw or stop using any of our services. Consent to these Terms also includes agreement to our Privacy Policy, which details how we collect, manage, and protect your personal data. This policy can be found here.
2.2 Eligibility and Legal Compliance: To use the Service, you must be legally competent to enter into a binding agreement under applicable law. By using our Service, you affirm that you are legally capable and agree to comply with all relevant laws, regulations, and rules.
2.3 Authority to Bind: If you are using the Service on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to these Terms. In such cases, "you" and "your" will refer to both you and the entity.
2.4 Modifications to Terms: Crawlerhub reserves the right to change these Terms at any time. We will provide notice of significant changes by posting a prominent announcement on our website or by sending you an email. Your continued use of the Service after such changes constitutes your acceptance of the new Terms.
3. Services Provided
3.1 Service Scope: Crawlerhub will provide web scraping and data extraction services based on the Client's specifications. This includes developing new or utilizing existing web crawlers to collect data from designated websites or online sources provided by the Client. Crawlerhub reserves the right to modify, suspend, or discontinue any part of the Service at any time, with or without notice.
3.2 Customizations: Any additional features, modifications, or customizations requested by the Client beyond the initial scope of work must be documented in writing and may incur additional fees.
3.3 Data Delivery: Crawlerhub will deliver the extracted data in the agreed-upon format and manner. Delivery will be made via secure electronic means or the web applications developed by the company unless otherwise specified by the Client
3.4 Service Level Agreement (SLA): Crawlerhub commits to making commercially reasonable efforts to deliver the Services according to agreed timelines and quality standards. However, Crawlerhub does not guarantee uninterrupted or error-free Services and will not be liable for delays caused by factors outside its control.
3.5 Third-Party Services: Crawlerhub may utilize third-party services or platforms in the provision of its Services. While we strive to select reliable partners, we do not assume responsibility for any disruptions, errors, or issues arising from third-party services.
4. Client Responsibilities
4.1 Data Source Legitimacy: The Client must ensure that all data sources provided for scraping are legitimate and that scraping these sources does not violate any laws, terms of service, or intellectual property rights.
4.2 Compliance with Laws: The Client is responsible for ensuring compliance with all applicable local, national, and international laws and regulations, including those related to data protection, privacy, and intellectual property while using the Services.
4.3 Accuracy of Information: The Client is responsible for providing accurate and comprehensive information regarding the data sources and specific requirements for data extraction.
4.4 Client Data Ownership: The Client retains ownership of all data provided to Crawlerhub or generated through our Services. Crawlerhub may use anonymized and aggregated data for analytics, research, and service improvement purposes, provided such data does not identify the Client or any individual.
5. Restrictions
5.1 Prohibited Content: The Client is strictly prohibited from using the Service to upload, distribute, or share any content that is unlawful, harmful, defamatory, abusive, offensive, or that promotes violence, discrimination, or illegal activities. This includes, but is not limited to, content that is obscene, harassing, or otherwise deemed inappropriate by Crawlerhub.
5.2 Unlawful Use: The Client shall not use the Service for any purpose that is unlawful or otherwise prohibited by these Terms of Service.
5.3 Service Integrity: The Client shall not use the Service in any manner that could damage, disable, overburden, or impair the Service or interfere with any other party's use and enjoyment of the Service
5.4 No Reverse Engineering: The Client may not reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, algorithms, or underlying structure of Crawlerhub's software or systems.
5.5 Resale of Services: The Client is prohibited from reselling, distributing, or otherwise providing the Services or Deliverables to any third party without Crawlerhub's express written consent.
5.6 Automated Use: The Client shall not use any automated means, including robots, scripts, or data-mining tools, to access or use the Services except as expressly permitted by Crawlerhub.
5.7 Compliance with Data Privacy Laws: The Client must ensure that any data collected, processed, or stored using the Services complies with all applicable data privacy and protection laws.
5.8 No Harmful Activities: The Client shall not use the Services to engage in activities that harm, disrupt, or interfere with the integrity or performance of any third-party websites or networks.
6. Fees and Payment Terms
6.1 Pricing: The fees for the Services will be specified in a separate Service Order Form or agreement signed by both parties.
6.2 Payment Terms: Payments are due within 7 days of receipt of the invoice unless otherwise specified in the agreement. Late payments may result in additional charges and/or suspension of Services.
6.3 Taxes: The Client is responsible for all applicable taxes, duties, or other governmental fees associated with the Services.
6.4 Subscriptions: Clients may opt to subscribe to Crawlerhub's services. Subscription plans may involve automated recurring payments based on the chosen billing cycle (e.g., monthly, quarterly, annually). By subscribing, you authorize Crawlerhub to charge your designated payment method automatically at the start of each billing cycle. You may cancel your subscription by providing notice at least 7 days before the next billing cycle begins. Cancellations will take effect at the end of the current billing cycle, and no refunds will be provided for partial periods.
7. Intellectual Property Rights
7.1 Crawlerhub IP: All intellectual property rights in the software, methodologies, and technologies used by Crawlerhub to provide the Services remain the property of CrawlerHub.
7.2 Client IP: Any data or intellectual property provided by the Client to Crawlerhub remains the property of the Client. CrawlerHub will use such data only as necessary to provide the Services and in accordance with the Client's instructions.
7.3 Deliverables: Upon full payment, the Deliverables produced by Crawlerhub under this Agreement will become the property of the Client. However, CrawlerHub retains a non-exclusive, perpetual right to use anonymized and aggregated data derived from the Services for internal purposes.
7.4 Feedback and Improvements: Any feedback, suggestions, or ideas provided by the Client regarding the Services may be used by Crawlerhub to enhance or improve the Services. Crawlerhub shall have a royalty-free, worldwide, transferable, sublicensable, irrevocable, and perpetual license to use or incorporate such feedback into its products or services.
8. Data Protection and Privacy
8.1 Compliance: Crawlerhub agrees to comply with all applicable data protection and privacy laws in the performance of its Services.
8.2 Data Handling: Crawlerhub will implement appropriate technical and organizational measures to protect the data processed on behalf of the Client against unauthorized access, loss, or misuse.
8.3 Data Security: CrawlerHub implements industry-standard security measures to protect client data from unauthorized access, alteration, disclosure, or destruction. However, no method of transmission over the Internet or electronic storage is 100% secure, and we cannot guarantee absolute security.
8.4 Privacy Policy: The use of our Services is also governed by our Privacy Policy, which provides detailed information on how we collect, use, and protect your data. By using our Services, you agree to the terms outlined in our Privacy Policy.
8.5 Data Processing Agreement (DPA): If required by applicable law, Crawlerhub and the Client will execute a separate Data Processing Agreement to govern the handling of personal data.
8.6 Data Retention: CrawlerHub will retain the data collected on behalf of the Client for a period of maximum 30 days unless otherwise agreed upon. After this period, Crawlerhub reserves the right to delete or anonymize the data unless the Client requests otherwise in writing.
9. Confidentiality
9.1 Confidentiality Obligation: Both Crawlerhub and the Client agree to maintain the confidentiality of all proprietary information and data exchanged during the course of their engagement. Neither party shall disclose such information to any third party without the prior written consent of the other party.
9.2 Exceptions: The confidentiality obligations outlined in this section do not apply to information that:
a) is already known by the receiving party at the time of disclosure,b) is independently developed by the receiving party,c) becomes publicly known through no wrongful act of the receiving party, or d) is required to be disclosed by law or regulation.
10. Disclaimers and Limitation of Liability
10.1 No Warranty: The Services provided by CrawlerHub are offered on an "as-is" and "as-available" basis, with no guarantees or warranties of any kind, either express or implied. CrawlerHub expressly disclaims any warranties of merchantability, fitness for a particular purpose, non-infringement, or any other warranty, condition, guarantee, or representation, whether oral, in writing, or in electronic form.
10.2 Service Availability: CrawlerHub does not warrant that the Services will be uninterrupted, timely, secure, or error-free. We do not guarantee that any data or content provided will be accurate, complete, or reliable, nor do we guarantee the results that may be obtained from using the Services.
10.3 No Liability for Third-Party Actions: Crawlerhub may utilize third-party services or platforms in the provision of its Services. While we make every effort to partner with reliable providers, we do not assume responsibility for any disruptions, errors, or issues arising from third-party services. Any reliance on third-party services is at the Client's own risk. Crawlerhub shall not be liable for any loss or damage caused by third-party actions, including but not limited to unauthorized access, hacking, data breaches, or other illegal activities.
10.4 Limitation of Liability: To the maximum extent permitted by law, Crawlerhub shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or goodwill, arising out of or in connection with the use of or inability to use the Services, even if Crawlerhub has been advised of the possibility of such damages. Crawlerhub's total liability to the Client for any claim or damage arising out of or relating to these Terms or the Services shall be limited to the amount of fees paid by the Client to CrawlerHub in the three months preceding the event giving rise to the claim.
10.5 Force Majeure: CrawlerHub shall not be liable for any failure to perform its obligations under these Terms if such failure results from circumstances beyond its reasonable control, including but not limited to natural disasters, pandemics, acts of government, cyber-attacks, or other unforeseeable events.
11. Termination
11.1 Termination by Client: The Client may terminate the Agreement at any time by providing written notice to CrawlerHub. The Client will be responsible for paying for all Services rendered up to the date of termination.
11.2 Termination by CrawlerHub: CrawlerHub reserves the right to terminate the Agreement immediately if the Client breaches these Terms or engages in activities that CrawlerHub deems unlawful, unethical, or in violation of its policies.
11.3 Effects of Termination: Upon termination, all rights and licenses granted to the Client under this Agreement shall cease, and the Client shall promptly return or destroy any Confidential Information belonging to CrawlerHub.
12. Dispute Resolution
12.1 Governing Law: These Terms shall be governed by and construed in accordance with the laws of India without regard to its conflict of laws principles.
12.2 Arbitration: Any disputes arising out of or in connection with these Terms shall be resolved through good-faith negotiations between the parties. If the dispute cannot be resolved through negotiation, it shall be submitted to binding arbitration in accordance with the existing rules of the Indian Arbitration and Conciliation Act. The arbitration shall be conducted in English.
12.3 Jurisdiction: Subject to the arbitration clause, the courts of New Delhi, India shall have exclusive jurisdiction over any disputes arising out of or related to this Agreement.
13. Miscellaneous
13.1 Entire Agreement: These Terms, together with any Service Order Forms or agreements executed by the parties, constitute the entire agreement between the parties and supersede all prior agreements, understandings, or representations, whether oral or written.
13.2 Amendments: Crawlerhub may amend these Terms from time to time. Any changes will be posted on our website, and the Client's continued use of the Services after such changes have been posted will constitute acceptance of the revised Terms.
13.3 Severability: If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
13.4 No Waiver: The failure of either party to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
13.5 Assignment: The Client may not assign or transfer any of its rights or obligations under these Terms without the prior written consent of Crawlerhub. Crawlerhub may assign these Terms at any time without notice.
Contact Information
If you have any questions regarding this Privacy Policy, please contact us at: contact@crawlerhub.com.