The following service subscription agreement (hereinafter referred to as the ”Agreement”) shall apply for companies’ and other organizations’ (hereinafter referred to as the ”Customer”) that use of UAB “WebRobots” (hereinafter referred to as “Web Robots”) web scraping service (hereinafter referred to as the “Service”). These terms and conditions may be modified by Web Robots at any time and for any reason. The current versions is available online on www.webrobots.io.
Web Robots Service includes creation and maintenance of scraper robots, availability of back-end services and portal that require scraper robots to run properly. Customers may use Web Robots platform in Software-as-a-Service (“SaaS”) mode where Customer can create, maintain and run robots without Web Robots supervision. Support for the Service is provided through email@example.com.
Development and Trial Period
Web Robots will create scraper robots and provide initial data from each scraper robot for Customer. Customer is responsible to evaluate the data, request changes and fixes at no charge. After necessary corrections are made and data is validated by Customer scraper robot is automatically transferred to production, unless Customer requests otherwise.
Scraper robots in production period are charged with monthly maintenance fee. Maintenance fee includes 3 hours of work allowance for fixes and changes for each scraper robot. Any work above 3 hour will be charged at hourly rate.
Web Robots will fix bugs and make small changes in scraper robots in 3 working days. If changes or fixes are not possible within 3 working day period Customer will be notified.
Web Robots’ Service may be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications. Web Robots is not responsible for any delays, delivery failures, or other damage resulting from such problems.
Customer agrees that Service may be used solely in conjunction with the extraction of data from publicly accessible websites (including sites which may require a user login). In all cases where copyrighted data may be included as part or all of the extracted data, Customer agrees to comply with all copyright laws and rules covering such data including (but not limited to) the reproduction and resale of such data. Customer agrees that Web Robots will not be held responsible for legal liabilities incurred through the use or misuse of data obtained through the Services.
Intellectual Property Ownership
Web Robots alone (and its licensors, where applicable) shall own all rights, title and interest, including all related Intellectual Property Rights, in and to the Web Robots technology and the Services, scraper robot code in addition to any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Services. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Services, the Web Robots technology or the Intellectual Property Rights owned by Web Robots, except as expressly set forth herein.
Web Robots strictly prohibits using Service: (i) to generate fraudulent impressions of or fraudulent clicks on your ad(s) or third-party ad(s) through any automated, deceptive, fraudulent or other invalid means, including but not limited to through repeated clicks, the use of robots, agents 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; (ii) to extract data that are illegal in any state or country where you reside; (iii) to engage in any other illegal or fraudulent business practice under the laws of any state or country where you reside; (iv) to extract data from adult or pornographic websites, gambling or casino-related websites, hate-related websites, websites that promote violence, or drug-related websites; or (v) engage in any action or practice that reflects poorly on Web Robots or otherwise disparages or devalues Web Robots’ reputation or goodwill. Violation of these policies may result in immediate termination of your use of Web Robots Service. In case scraping is found to be illegal Customer is responsible for damages to Source and to Web Robots.
Web Robots use a variety of security technologies and procedures to help protect unauthorized access to or use of the Web Robots Service; however, we cannot guarantee that we will be successful at doing so. Accordingly, without limitation to any other provisions of this Agreement, Customer acknowledges that he/she bears sole responsibility for adequate security, protection and backup of your data, content, software programs or services you use in connection with your access to or use of the Web Robots Service.
Prices and Payment Terms
Unless otherwise is specified in the Order Form, all prices are stated in Euros exclusive of VAT and other taxes. Any changes in Web Robots’ prices shall be informed to the Customer by written notice no later than 30 days prior to the expiration of the current term and become effective for the subsequent renewal term.
Regular maintenance fee is charged at the end of each calendar month and covers the completed month. Setup fee is charged upon signing agreement. Hourly billable work is charged after work is completed. In cases when hourly billable work lasts more than 1 calendar month such work is charges in parts at the end of each completed calendar month. Charges shall be calculated solely based on invoicing records maintained by Web Robots for purposes of billing. If you dispute any charge made for your use of the Services, you must notify Web Robots in writing within fifteen (15) days of any such charge; failure to so notify Web Robots shall result in the waiver by you of any claim relating to any such disputed charge.
Unless otherwise is specified in the Order Form, Web Robots’ services shall be invoiced in advance for each period the Agreement is in force; and payment terms shall be net 30 days from the invoice date. In case of late payment, Web Robots shall claim default interests in accordance with the regulations of the Lithuanian Contracts Law as well as an administration fee equivalent to EUR 25.00 for every reminder sent to Customer with notification of late payment. There are no refunds for payments made once service has been rendered.
Termination or Suspension
Web Robots may change or discontinue the Web Robots Service or certain features at any time and for any reason. Web Robots may cancel or suspend the Web Robots Service, or Customer’s Accounts, or remove any content from the Web Robots Service at any time and for any reason. Web Robots may suspend the Service or Customer’s Account(s) immediately upon notice. Upon suspension or cancellation, Customer’s right to use the Web Robots Service or Your Accounts (as applicable) stops right away. Cancellation or suspension of the Web Robots Service or Customer’s Account(s) will not alter the obligation to pay all charges made. If Web Robots cancels the Service or Customer’s Account in its entirety without cause, then Web Robots will refund to Customer on a pro-rata basis the amount of payments that Customer has made corresponding to the portion of the Web Robots Service Paid Account subscriptions remaining right before the cancellation. Customer may cancel the Web Robots Service or Account at any time, with or without cause, upon notice to us by contacting Web Robots.
Web Robots will not be responsible for any losses or damages caused to the Customer by cancellation or suspension of the Service.
Web Robots makes no representation, warranty, or guaranty as to the reliability, timeliness, quality, suitability, availability, accuracy or completeness of the services or any content. Web Robots does not represent or warrant that (a) the use of the services will be completely secure, timely, uninterrupted or error-free, (b) the 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 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 services available are free of viruses or other harmful components. The 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 Web Robots.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Web Robots BE LIABLE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT OR OTHERWISE) FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOSS OF DATA OR OTHER INFORMATION, USE, GOODWILL) ARISING OUT OF, BASED ON, OR RESULTING FROM YOUR USE OR INABILITY TO USE THE Service, APPLICATIONS, DATA, Platform Publisher Content OR OTHER THIRD PARTY OFFERINGS (INDIVIDUALLY AND COLLECTIVELY, “OFFERINGS”). FOR ILLUSTRATION ONLY, AND WITHOUT LIMITING OR INTENDING TO LIMIT THE ABOVE, Web Robots SHALL NOT BE LIABLE FOR ANY DAMAGES RESULTING FROM: (A) COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, SOFTWARE PROGRAMS, CONTENT OR SERVICES; (B) UNAUTHORIZED ACCESS TO OR USE OF YOUR ACCOUNTS, INCLUDING BILLING ACCOUNTS; (C) ANY ALTERATION, CORRUPTION, DELETION, DAMAGE OR LOSS OF ANY OFFERINGS, OR OTHER CONTENT OR APPLICATIONS USED IN CONNECTION WITH THE OFFERINGS; (D) FAILURE TO PROVIDE ACCURATE OR COMPLETE INFORMATION WITH RESPECT TO THE OFFERINGS; (E) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ONLINE ACCESS TO OR USE OF THE OFFERINGS; (F) INCOMPATIBILITIES BETWEEN THE Service AND OTHER OFFERINGS, OTHER SERVICES, SOFTWARE OR HARDWARE; AND (G) ANY THIRD PARTY CONDUCT OR TRANSMISSIONS OR DATA. Web Robots SHALL NOT BE RESPONSIBLE FOR ANY INTERRUPTIONS IN THE Service THAT AFFECT YOUR ABILITY TO ACCESS, USE, SELECT OR RETRIEVE ANY OFFERINGS.
THESE LIMITATIONS ON LIABILITY APPLY EVEN IF IT RESULTS IN LOSSES TO YOU THAT ARE NOT COMPENSATED AND PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES. SUCH LOSSES WILL NOT CONSTITUTE A FAILURE OF THIS AGREEMENT’S ESSENTIAL PURPOSE.