Terms of Service

The ScrapeHero Cloud is a self-service platform that is provided to You to be used responsibly and in accordance with local laws. The intended usage of the ScrapeHero Cloud is to help You minimize the manual work of copying and pasting and leverage the power of computers to convert publicly available unstructured data on the Internet into a structured format. ScrapeHero Cloud provides pre-built Crawlers and APIs to help You automate this work of copying and pasting. ScrapeHero is neither a user nor a consumer of the data You gather using the ScrapeHero Cloud and We charge for the service We provide, not the data You gather for Your benefit.

THESE TERMS OF SERVICE (“TERMS”) CONSTITUTE A CONTRACT BETWEEN YOU AND SCRAPEHERO AND GOVERN USE OF AND ACCESS TO THE SCRAPEHERO CLOUD BY YOU AND YOUR AGENTS WHETHER IN CONNECTION WITH A PAID SUBSCRIPTION TO THE SERVICE, BETA TESTING, FREE TRIAL, OR ANY OTHER USE OF THE SERVICE.

By accepting these Terms, or by accessing or using the ScrapeHero Cloud, or authorizing or permitting any Agent to access or use 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 are agreeing to these Terms for that Entity and representing to ScrapeHero that You have the authority to bind such Entity to these Terms, in which case the terms “Subscriber,” “You,” “Your” or related capitalized terms herein shall refer to such Entity. If You do not have such authority, or if You do not agree with these Terms, You must not accept these Terms and may not use the Service.

These terms are not applicable to other services provided by ScrapeHero and are exclusively related to the ScrapeHero Cloud service provided through https://cloud.scrapehero.com

1. Acceptance of Terms

By using the ScrapeHero Cloud at https://cloud.scrapehero.com or any related services provided by the ScrapeHero Cloud (including but not
limited to automated scripts, integrations, billing, alerts and emails) (the “ScrapeHero Cloud”), You are agreeing to these Terms of Service. ScrapeHero may, in its sole discretion, modify or revise these Terms of Service at any time, and You agree to be bound by such modifications or revisions. We will notify You by making the revised version available on this web page, and an updated revision date will indicate that changes have been made.

2. Prohibited Uses

By using the ScrapeHero Cloud, You agree not to:

Take any action that interferes or may interfere, based on our sole discretion, with operations of the ScrapeHero Cloud
Place an unreasonable load on the ScrapeHero Cloud
Circumvent security features used to prevent or restrict access to or use the ScrapeHero Cloud
Create user accounts by automated means on the ScrapeHero Cloud or any websites you access through the ScrapeHero Cloud
Impersonate any person or entity
Attempt to threaten, harm or malign any person or entity
Send unsolicited emails (Spam) through the ScrapeHero Cloud
Perform any Denial of Service attacks on or while using the ScrapeHero Cloud
Perform automated posting of comments or reviews, votes, ratings or commit any fraudulent activities such as advertising click fraud using the ScrapeHero Cloud
Use the ScrapeHero Cloud for any illegal or criminal purpose
Use the ScrapeHero Cloud for gathering evidence for litigation
Build a competitive service or to otherwise copy the design, functionality and/or user interfaces within the ScrapeHero Cloud. Further, you may not (directly or indirectly) offer or provide the ScrapeHero Cloud as a service to third parties. You are not
permitted to sell, assign, lease, rent, transfer, broadcast, act as a service bureau, distribute or grant rights in and to the ScrapeHero Cloud to any third party. You are also prohibited from ‘framing’, ‘mirroring’, linking to, or incorporating the ScrapeHero Cloud or any of its components within your own online environment
Decipher, decompile, disassemble, reverse engineer, circumvent limitations or otherwise attempt to derive any source code or
details about the underlying infrastruture, functionality, ideas or algorithms of any part of the ScrapeHero Cloud
Access any private or personally identifiable data or data protected by passwords

3. Registration

As a condition to using certain aspects of the ScrapeHero Cloud, You will be required to register with the ScrapeHero Cloud and select a
password and screen name (“ScrapeHero Cloud User ID”). You shall provide the ScrapeHero Cloud with accurate, complete, and updated registration
information.
You shall not
(i) select or use as a ScrapeHero User ID a name of another person with the intent to impersonate that person; (ii) use as a ScrapeHero User ID a name subject to any rights of a person other than You without appropriate authorization; or (iii) use as a ScrapeHero User ID a name that is otherwise offensive, vulgar or obscene. ScrapeHero reserves the right to refuse registration of or cancel a ScrapeHero User ID at its sole discretion; or (iv) register for the ScrapeHero Cloud using your personal or disposable emails or integrated 3rd party accounts (google, Github etc) when you intend to use it for your business or work. You shall never use another user’s account without such other user’s express permission. You will immediately notify ScrapeHero in writing of any unauthorized use of Your account, or other account-related security breach of which You are aware.

As an express condition of being permitted to open a User Account, You represent and warrant that You (i) have the legal capacity (including, without limitation, being of sufficient age) to enter into contracts under the law of the jurisdiction in which you reside, (ii) are of age 18 years or older if in the United States (iii) are not on a list of persons barred from receiving services under U.S. laws (including, without limitation, the Denied Persons List and the Entity List issued by the U.S. Department of Commerce, Bureau of Industry and Security) or other applicable jurisdiction and (iv) are not a resident of Cuba, Iran, North Korea, Sudan or Syria.

4. Fees, Billing, Credit Cards Subscriptions and Cancellation and Refund Policy

Subscription Billing Policy: ScrapeHero reserves the right to require payment of fees for certain features of the ScrapeHero Cloud. Should ScrapeHero elect to charge for a feature and You elect to subscribe to such feature or to continue to subscribe to such feature after being notified of the charges, You shall pay all applicable fees on a recurring subscription basis. Such fees shall be charged to a payment method (credit or debit card) that you agree to store securely with our Credit Card Processor (Stripe) at the time of you subscribing to a paid subscription plan.

Cancellation Policy: You authorize ScrapeHero and its credit card processor to allow these automated and recurring charges to be made to Your credit or debit card until you explicitly cancel Your subscription Yourself through the ScrapeHero Cloud Account management pages. Merely notifying ScrapeHero of your intent or demand to cancel the subscription billing through an email or a support ticket or a phone call/voicemail or social media messages is not sufficient for cancellation of the subscription and recurring charges.

Refund Policy: If You choose to cancel Your subscription, You are not entitled to any refund for any prior charges.

Price Change Policy: ScrapeHero reserves the right to change its price list or plan offerings and to institute new charges at any time, which may be sent by email or posted on the ScrapeHero Site. Use of the ScrapeHero Cloud by You following such notification constitutes Your acceptance of any new or increased charges.

5. Violation of Terms

We reserve the right to modify, suspend or terminate the Service (or any part thereof), Your Account, or Your and/or Agents’ rights to access and use the Services, and remove, disable and discard any Service Data if We believe that You or Your Agents have violated these Terms. Unless 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 foregoing actions. We shall not be liable to You, Your Agents, or any other third party for any such modification, suspension, or discontinuation of Your rights to access and use the Service. Any suspected fraudulent, abusive, or illegal activity by You or Your Agents may be referred to law enforcement authorities at Our sole discretion.

6. Service Modifications and Availability

ScrapeHero reserves the right, at its sole discretion, to modify or discontinue or to enforce reasonable limits on Your use of the ScrapeHero Cloud, at any time, for any or no reason, and without notice or liability. We also schedule system downtime from time to time, and unplanned system outages may occur. We shall have no liability whatsoever for the resulting unavailability of the ScrapeHero Cloud or transactions caused by planned or unplanned system outages or the resultant delay, mis-delivery, non-delivery of information caused by such system outages, or any third-party acts or any other outages of web host providers or the Internet infrastructure and network external to the ScrapeHero Cloud.

7. Copyright

ScrapeHero does not provide You with any license, copyright, or permissions regarding the information accessed through the Services, which may be subject to copyright protection by third parties. ScrapeHero shall not be held liable for any claims by third parties
arising from Your use of the content and/or data accessed through the Services, nor shall We be liable for any alleged copyright/intellectual property infringement arising from Your external use of the data accessed through the Services. You agree to abide by the Terms of the websites you access through the ScrapeHero Cloud and ScrapeHero shall not be held liable for violation of those terms of use.

8. Disclaimers

ScrapeHero is not responsible for the accuracy or reliability of any materials accessed via the ScrapeHero Cloud, whether caused by Users or by any of the equipment or programming associated with or utilized in ScrapeHero Cloud. We are not responsible for the conduct, whether online or offline, of any User of ScrapeHero Cloud. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any communication with other Users. We are not responsible for any problems or technical malfunction of any hardware and software due to technical problems on the Internet or at the ScrapeHero Site or combination thereof, including any injury or damage to users or to any person’s computer related to or resulting from participation or downloading materials in connection with ScrapeHero Cloud. Under no circumstances shall we be responsible for any loss or damage, including personal injury or death, resulting from use of ScrapeHero Cloud or from any Content posted on the Site or transmitted to Users, or any interactions between users of ScrapeHero Cloud, whether online or offline. ScrapeHero Cloud are provided as-is and as available. We expressly disclaim any warranties and conditions of any kind, whether express or implied, including the warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. We make no warranty that: (a) the Services will meet Your requirements; (b) the Services will be available on an uninterrupted, timely, secure, or error-free basis; or (c) the results that may be obtained from the use of the Services will be accurate or reliable.

9. Limitations of Liability

In no event shall we be liable to You or any third party for any lost profit or any indirect, consequential, exemplary, incidental, special or punitive damages arising from Your use of the ScrapeHero Cloud, even if we have been advised of the possibility of such damages. You understand and agree that the download and use of any material through this site is done at Your discretion and risk and that You will be solely responsible for any loss or damage to Your computer system or loss of data that may result in the download or use of any material. ScrapeHero neither assumes, nor does it authorize any person or entity to assume on its behalf, any other liability in connection with the provision of the ScrapeHero Cloud. The limitations of liability provided in these Terms of Use inure to the benefit of ScrapeHero LLC., shareholders, affiliates
and to all of our respective officers, directors, employees, attorneys and agents and, in each case, liability is limited to the fullest extent permitted by law. Some jurisdictions do not allow the limitation or exclusion of liability for incidental of consequential damages, so the above limitation or exclusion may not apply to You and You may also have other legal rights that vary from jurisdiction to jurisdiction.

10. Indemnity

You agree to indemnify, defend and hold harmless ScrapeHero, shareholders, subsidiaries, affiliates, officers, directors, employees, agents and advisors from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including attorneys’ fees) resulting from Your use of the ScrapeHero Cloud, including APIs, provided hereunder by ScrapeHero, any violations by You of any applicable laws or regulations, and any breaches by You of these Terms of Use.

11. Waiver

The failure of ScrapeHero to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by ScrapeHero.

12. Relationship of Parties

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms of Use, and these Terms of Use are solely between You and ScrapeHero and. are not intended to be for the benefit of any third party. If there is a dispute between participants, or between users and any third party, You understand and agree that ScrapeHero is under no obligation to become involved. In the event that You have a dispute with one or more users or third parties, You hereby release ScrapeHero, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or services.

13. Governing Law and Jurisdiction

If a dispute arises from or relates to this contract or the breach thereof, and if the dispute cannot be settled through direct discussions, the parties agree to endeavor first to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Procedures before resorting to arbitration. The parties further agree that any unresolved controversy or claim arising out of or relating to this contract, or breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Claims shall be heard by a single arbitrator. The place of arbitration shall be Commonwealth of Massachusetts, USA. The arbitration shall be governed by the laws of the Commonwealth of Massachusetts. If the dispute is less than $5000 there shall be no discovery other than the exchange of documents. If the dispute is over $5000, discovery shall consist of no more than 1 depositions of 1 or less. The award shall be made within 12 months of the filing of the notice of intention to arbitrate (demand), and the arbitrator(s) shall agree to comply with this schedule before accepting appointment. However, this time limit may be extended by the arbitrator for good cause shown, or by mutual agreement of the parties. Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. The arbitrators may determine how the costs and expenses of the arbitration shall be allocated between the parties, but they shall not award attorneys’ fees.

If You use the ScrapeHero Cloud from outside the USA, You are solely responsible for following all applicable local laws.

14. Entire Agreement

These Terms, together with any Form(s), constitute the entire agreement, and supersede any and all prior agreements between You and ScrapeHero with regard to the subject matter hereof. Notwithstanding the foregoing, additional terms may apply to certain features, functionality, or services We offer as part of or distinct from the Service (the “Additional Terms”). In those instances, We will notify You of such Additional Terms prior to the activation of these features, functionality, or services and the activation of these features, functionality, or services in Your Account will be considered acceptance of the Additional Terms. All such Additional Terms will be considered incorporated into these Terms when You or any Agent authorized as an administrator in Your Account activate the feature, functionality, or service. Where there is a conflict between these Terms and the Additional Terms, the Additional Terms will control.

Last Updated: June 11, 2024