Welcome to https://beta.webrobot.eu (the “Site” or “WebRobot Ltd”), a website operated by WebRobot Ltd (the “Company”).
Using the Site, you can sign up for a service that understands and scrape any web page and converts it into a set of entities and facts (the “Service”).
The following Terms & Conditions (“Terms”) apply when you use the Site and Service.
Please review these Terms carefully. By accessing or using the Site or Service, or by clicking “I agree” when you create an account, or by signing a service agreement, you show you agree to these Terms. If you don’t agree to these Terms, you may not access or use the Site or Service.
This Agreement contains a mandatory individual arbitration and class action/jury trial waiver provision that requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions.
This Terms & Conditions for the Service is a legal contract between you, either an individual subscriber, customer, member, or user of at least 18 years of age or a single company, organization, or entity (“you” or, collectively with other users, “Users“) and beta.webrobot.eu (“WebRobot Ltd”) regarding your use of the Service. WebRobot Ltd may have different roles with respect to different types of Users, and “you” as used in these Terms will apply to the appropriate type of User under the circumstances.
If you are using or opening an account with WebRobot Ltd on behalf of a company, entity, or organization (collectively, the “Subscribing Organization“ or the “Client”) then you represent and warrant that you: (i) are an authorized representative of that entity with the authority to bind such entity to these Terms; (ii) have read these Terms; (iii) understand these Terms, and (iv) agree to these Terms on behalf of such Subscribing Organization.
About the Site and Service
You will be charged for access to the Service based on the plan you pick when you create an account.
You will be required to provide the Company with information regarding your credit card or other payment method. You represent and warrant to the Company that such information is true and that you are authorized to use the payment method. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date). You hereby authorize the Company to bill you in advance on a periodic basis in accordance with the terms of your plan until you terminate your account, and you agree to pay any charges so incurred. If you dispute any charges you must notify the Company within thirty (30) days after the date that you are billed.
We may terminate your access to the Service for any reason, at our sole discretion
You can terminate your use of the Service at any time.
The Site and Service are under constant development. New features may be added frequently, so it’s important to check back to this page for updates.
Use of the Site and Service
By using this site, you acknowledge to be of age and to be able to contract binding legal obligations for liability arising from the use of this site and purchase of our services.
You are responsible for maintaining the confidentiality of your login, password, and account and for all activities that occur under your login or account.
The Company does not want to receive confidential or proprietary information from you through the Site or Service. Any information or material sent to the Company will be deemed NOT to be confidential. By sending the Company any information or other material, you grant Company a non-exclusive, unrestricted, irrevocable, perpetual, royalty-free, worldwide, assignable, transferable, sublicensable right and license to use, reproduce, display, transmit, translate, rent, sell, modify, disclose, publish, create derivative works from and distribute that material or information.
By using the service and agreeing to these Terms, you give us consent to list as customer: by using the service, you hereby grant, and represent and warrant that you have all rights necessary to grant, WebRobot Ltd the right to include you and/or your Subscribing Organization as a customer or client of WebRobot.
You agree that the Company is free to use any ideas, concepts, know-how or techniques that you send us for any purpose, without compensation or attribution.
Account Information. You acknowledge and agree that WebRobot Ltd may access, preserve and disclose your account information and related contents if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any User Data violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of WebRobot Ltd, its users, or the public.
TERMS AND CONDITIONS FOR THE MANAGED WEB SCRAPING SERVICE
Features and Pricing of the Subscription Plans
When you (the “Client”) singup and purchase one of our managed web scraping service plans on beta.webrobot.eu, you will be charged monthly for the price calculated based on the number of records the Client chooses at the time of purchase, at the per-record price related to the chosen plan, and based on the number of scrapers the Client chooses at the time of purchase at the price per scraper related to the “One-time scraping” plan (if the Client purchases it).
Managed Web Scraping Subscription Plans Features and Pricing
Additional records packages pricing
The additional records packages do not include scrapers (websites). This means, the number of records will be added to the active data extraction plan you already purchased.
* Websites and pages have different structures and layouts. Furthermore, you may need to extract different data from some or every category/page. This requires designing and running different extraction bots (scrapers) for any of them. For example, when you want to extract data from Amazon, eBay, and Walmart, you need to design at least three different scrapers.
** You can purchase new complete plans, additional records packs or additional scrapers (websites) packs to add to your current plan. Adding just records won’t charge you for any setup or maintenance costs (already included in the plans you already have). Adding new scrapers means you will be charged with additional setup and maintenance costs because we need to design new extraction queries and bots.
All prices do not include VAT or other sales taxes. The Client is responsible for paying the sales tax/VAT when required by law. When the law will require WebRobot Ltd to charge for the sales tax/VAT, the Client will be informed during the purchase process.
Min number of records: 10k.
Obligation of the Client after the Purchase
After purchasing and paying the managed web scraping service plan, the client will commit to providing WebRobot Ltd with further specifications necessarily required to implement and deliver the service. The types of information to provide are:
– Data delivery frequency (for ex., daily, weekly, biweekly, monthly).
– Specific day and time the client prefer to receive the periodic datasets as specified above.
– Website URLs.
– Web pages.
– Types of records to search and extract.
– In case the data sources require specific permission and right to extract and use its data (either general or personal data), the client is required to provide WebRobot Ltd with the related written permissions to avoid any legal implications.
– Any other information discussed between the parties and necessary to implement the service.
The Service will also include any other tasks which the Parties may agree on. WebRobot Ltd hereby agrees to provide such Services to the Client.
Terms of the Managed Web Scraping Service Contract
- The terms of the managed web scraping service (the “Contract”) purchased on beta.webrobot.eu will begin on the date of purchase. The client can cancel its subscription within the first month from the date of the Contract. What due and paid for the first month, will not be refunded as the service has been already set and in execution. After the first month from the date of the Contract, if the Client will not request the cancellation of the web scraping plan, he accepts that the subscription will renew automatically every six months and will remain in full force and effect during these six months (minimum duration required to provide the best service and results).
- At the end of the above-mentioned six months of subscription, the service will renew automatically for additional six months unless the client will request its cancellation before the end of such six-month period, through the dedicated feature/button present for each subscription plan on the user admin panel.
- In the event that either Party wishes to terminate this Contract in any other moment, that Party will be required to provide 30 days’ written notice to the other Party, provided there are right and proven reasons agreed with both parties
- The “One-time scraping” plan terms of service will begin on the date of purchase and end when the total number of records purchased have been delivered to the Client. The “One-time scraping” plan will not renew automatically. At any time, the Client can purchase additional “One-time scraping” plans or upgrade the active one.
- In the event that either Party breaches a material provision under this Contract, the non-defaulting Party may terminate this Contract immediately and require the defaulting Party to indemnify the non-defaulting Party against all reasonable damages.
- The Contract may be terminated at any time by mutual Contract of the Parties.
- Except as otherwise provided in the Contract, the obligations of WebRobot Ltd will end upon the termination of the Contract.
- The Parties agree to do everything necessary to ensure that the terms of the Contract take effect.
- Except as otherwise provided in the Contract, all monetary amounts referred to in the Contract are in GBP.
- For the “Small”, “Medium”, and “Big-data” scraping plans, WebRobot Ltd will invoice the Client every month. For the “One-time scarping” plan, WebRobot Ltd will invoice the Client once, at the date of purchase, for the total amount of the plan the Client purchased.
- For the “Small”, “Medium”, and “Big-data” scraping plans, invoices submitted by WebRobot Ltd to the Client are paid in advance every 30 days starting from the day of the first purchase. For the ”One-time scraping” plan, invoices submitted by WebRobot Ltd to the Client are paid in a single solution, at the time of purchase.
Penalties for late payment
- Interest payable on any overdue amounts under the web scraping Contract is at a rate of 5.00% per annum or at the maximum rate enforceable under applicable legislation, whichever is lower.
- Confidential information (the “Confidential Information”) refers to any data or information relating tothe business of the Client which would reasonably be considered to be proprietary to the Client including, but not limited to, accounting records, business processes, and client records and that is not generally known in the industry of the Client and where the release of that Confidential Information could reasonably be expected to cause harm to the Client.
- WebRobot Ltd agrees that it will not disclose, divulge, reveal, report or use, for any purpose, any Confidential Information which WebRobot Ltd has obtained, except as authorised by the Client or as required by law. The obligations of confidentiality will apply during the Term and will survive indefinitely upon termination of this Contract.
- All written and oral information and material disclosed or provided by the Client to WebRobot Ltd under the Contract is Confidential Information regardless of whether it was provided before or after the date of the Contract or how it was provided to WebRobot Ltd.
- In providing the Services under the managed web scraping Contract, it is expressly agreed that WebRobot Ltd is acting as an independent contractor and not as an employee. WebRobot Ltd and the Client acknowledge that the Contract does not create a partnership or joint venture between them, and is exclusively a contract for service.
Right of Substitution
- Except as otherwise provided in the managed web scraping Contract, WebRobot Ltd may, at its absolute discretion, engage a third party sub-contractor to perform some or all of the obligations of WebRobot Ltd under the Contract and the Client will not hire or engage any third parties to assist with the provision of the Services.
- In the event that WebRobot Ltd hires a sub-contractor:
– WebRobot Ltd will pay the sub-contractor for its services while the Client will continue to pay WebRobot Ltd for the price already stated at the time of purchase. This condition does not apply if the sub-contractor is related to additional products /services not included in the subscription plan the Client purchased. Additional products/services will require a new agreement between the Client and WebRobot Ltd or the authorised representatives of each Party.
– for the purposes of the indemnification clause of the Contract, the sub-contractor is an agent of WebRobot Ltd.
- Except as otherwise provided in the Contract, WebRobot Ltd will have full control over working time, methods, and decision making in relation to the provision of the Services in accordance with the Contract. WebRobot Ltd will work autonomously and not at the direction of the Client. However, WebRobot Ltd will be responsive to the reasonable needs and concerns of the Client.
- Except as otherwise provided in the Contract, WebRobot Ltd will provide at its own expense, any and all tools, machinery, equipment, raw materials, supplies, workwear and any other items or parts necessary to deliver the Services in accordance with the Contract.
- The Parties acknowledge that the Contract is non-exclusive and that either Party will be free, duringand after the Term, to engage or contract with third parties for the provision of services similar to the Services.
- All notices, requests, demands or other communications required or permitted by the terms of the web scraping Contract will be given in writing and delivered to the Parties at the following addresses:
- the Client: the address provided at the time of registration and purchase.
- WebRobot Ltd: 2nd Floor College House, 17 King Edwards Road, Ruislip, London HA4 7AE, The United Kingdom.
or to such other address as either Party may from time to time notify the other.
Modification of the Contract
- Any amendment or modification of the Contract or additional obligation assumed by either Party in connection with the Contract will only be binding if evidenced in writing signed by each Party or an authorised representative of each Party.
Time of the Essence
- Time is of the essence in the Contract. No extension or variation of the Contract will operate as awaiver of this provision.
- WebRobot Ltd will not voluntarily, or by operation of law, assign or otherwise transfer its obligationsunder the Contract without the prior written consent of the Client.
- It is agreed that there is no representation, warranty, collateral Contract or condition affecting the Contract except as expressly provided in the Contract.
- The Contract will enure to the benefit of and be binding on the Parties and their respective heirs,executors, administrators and permitted successors and assigns.
- Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting the Contract.
- Words in the singular mean and include the plural and vice versa. Words in the masculine mean andinclude the feminine and vice versa.
- The Contract will be governed by and construed in accordance with the laws of England.
- In the event that any of the provisions of the Contract are held to be invalid or unenforceable inwhole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of the Contract.
- The waiver by either Party of a breach, default, delay or omission of any of the provisions of the Contract by the other Party will not be construed as a waiver of any subsequent breach of the same or other provisions.
GENERAL TERMS & CONDITIONS FOR ALL THE WEBROBOT LTD SERVICES
Payment terms; Charges and Taxes
You are responsible for paying any applicable fees as set forth on the pricing and payment terms provided to and agreed upon by you at the time of your order, such as on an e-mail order or invoice, and applicable taxes associated with the Service in a timely manner with a valid payment method. Unless otherwise stated, all fees are quoted in Pound Sterling (GBP) and don’t include sales tax or VAT. It’s your (the “Client”) responsibility to pay all sales taxes when required by law. All payments must be made by the methods specified within the Service. You agree that we may charge your selected payment method for any such fees owed. You are required to keep your billing information current, complete, and accurate (e.g., a change in billing address, credit card number, or expiration date) and to notify WebRobot Ltd if your selected payment method is cancelled (e.g., for loss or theft). All fees and charges are earned upon receipt by us and are nonrefundable (and there are no credits) except (a) as expressly set forth herein, and/or (b) as required by applicable law.
You are responsible for all charges incurred under your account made by you or anyone who uses your account (including your employees, co-workers, colleagues, team-members, etc.). If your payment method fails or you are past due on amounts owed, we may collect fees owed using other collection mechanisms. Your account may be deactivated without notice to you if payment is past due, regardless of the dollar amount. You are also responsible for paying any governmental taxes imposed on your use of the Service, including, but not limited to, sales, use, or value-added taxes. To the extent WebRobot Ltd is obligated to collect such taxes, the applicable tax will be added to your billing account.
Authorization to charge your chosen payment method account will remain in effect until you cancel or modify your preferences within the Service; provided, however, that such notice will not affect charges submitted before WebRobot Ltd could reasonably act. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you ordered the applicable service or as provided to you at the time of your order, such as on an e-mail order or invoice. You agree that charges may be accumulated as incurred and may be submitted as one or more aggregate charges during or at the end of the applicable billing cycle.
WebRobot Ltd reserves the right to change the amount of, or basis for determining, any fees or charges for the Service we provide, and to institute new fees, charges, or terms effective upon prior notice to our Users. You will receive notice of any fee change at least fourteen (14) days before the scheduled date of the transaction and failure to cancel your account as set forth herein will constitute acceptance of such fee change. Any changes to fees will apply only on a prospective basis. If you do not agree to any such changes to fees, charges, or terms, your sole remedy is to cancel your subscription. Fees paid for any subscription term are paid in advance and are not refundable in whole or in part. If you have a balance due on any Service account, you agree that WebRobot.eu can charge these unpaid fees to any payment method that you have previously provided.
Your Service will be automatically renewed and your credit card account (or other payment method account) will be charged every month until the fixed subscription expiration date or until you cancel your subscription plan, when allowed (see the subscription plan table for the price, features, and details).
YOU ACKNOWLEDGE THAT YOUR SUBSCRIPTION IS SUBJECT TO AUTOMATIC RENEWALS AND YOU CONSENT TO AND ACCEPT RESPONSIBILITY FOR ALL RELATED RECURRING CHARGES TO YOUR APPLICABLE PAYMENT METHOD WITHOUT FURTHER AUTHORIZATION FROM YOU AND WITHOUT FURTHER NOTICE UNLESS REQUIRED BY LAW. YOU ACKNOWLEDGE THAT THE AMOUNT OF THE RECURRING CHARGE MAY CHANGE IF THE APPLICABLE TAX RATES CHANGE OR IF THERE HAS BEEN A CHANGE IN THE APPLICABLE FEES.
A month is calculated in 30 calendar days and starts from the date of your subscription. The cancellation of your subscription (when allowed) will take effect after the end of the current monthly period.
We reserve the right to change the Company’s fees. If the Company does change its fees, the Company will provide notice of the change on the Site or via email sent to you, at Company’s option, at least 14 days before the change is to take effect. Your continued use of the Service after the fee change becomes effective constitutes your agreement to pay the changed amount.
Your permission to use the Service is conditioned upon the following restrictions and conditions.
You agree that you will not:
- sublicense, resell, rent, lease, transfer, assign, time share, or otherwise commercially exploit or make the Service available to any third party (However, you may display and use the facts generated by the Service as part of a commercial application.);
- use the Service to attempt to, or harass, abuse or harm another person or group;
- use the Service for any unlawful purpose or for the promotion of illegal activities;
- use the Service in any manner that in our sole discretion could damage, disable, overburden, or impair the Service;
- upload, transmit, and extract, via the Service, pornographic, threatening, embarrassing, hateful, racially or ethnically insulting, libelous, or otherwise inappropriate content;
- impersonate another person or access another User’s User Account without that User’s permission or to violate any contractual or fiduciary relationships;
• use the API or the Data in any manner that violates the rights of any person, including but not limited to copyright, moral right, intellectual property rights, rights of privacy or rights of publicity;
- modify, adapt or hack the Service to, or otherwise attempt to gain unauthorized access to the Service or its related systems or networks or other User Accounts, computer systems connected to the Service, or any part of them, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service;
- reverse engineer, decompile or disassemble any portion of the Service;
- share beta.webrobot.eu-issued passwords with any third party or encourage any other User to do so;
- misrepresent the source, identity, or content of User Data;
- modify, adapt, translate or create derivative works based upon the Service;
- remove, circumvent, disable, damage or otherwise interfere with security-related features of the Service, features that prevent or restrict use or copying of any content accessible through the Service or Service, or features that enforce limitations on use of the Service including, without limitation, creating multiple accounts in order to circumvent query limits or other restrictions based on your account type;
- access the Service if you are a direct competitor of WebRobot.eu, except with WebRobot.eu’s prior written consent, or for any other competitive purposes;
- collect or harvest any personally identifiable information, including account names, from the Service;
- publish or link to malicious content intended to damage or disrupt another user’s browser, computer, or mobile device;
- bypass any robot exclusion headers or other measures we take to restrict access to the Site or Service or use any software, technology, or device to scrape, spider, or crawl the Site or Service or harvest or manipulate data; or
- Modify the Service in any manner or form, or use modified versions of the Service, including but not limited to for the purpose of obtaining unauthorized access to the Service.
Use of User Data. By submitting User Data to WebRobot Ltd, you hereby grant, and represent and warrant that you have all rights necessary to grant, all rights and licenses to the User Data required for WebRobot Ltd and its subcontractors and service providers to provide the Service. WebRobot Ltd shall have no right to sublicense or resell User Data, except however, that you agree that WebRobot Ltd may collect, analyse, and use data derived from User Data, which may include Personal Data and/or information collected from or about an individual but which does not identify the individual personally, as well as data about you, and other Users’ access and use of the Service, for purposes of operating, analysing, improving, or marketing the Service and any related services. If WebRobot Ltd shares or publicly discloses information (e.g., in marketing materials, or in application development) that is derived from User Data, such data will be aggregated or anonymised to reasonably avoid identification of a specific individual or the User. By way of example and not limitation, WebRobot Ltd may: (a) track the number of users on an anonymized aggregate basis as part of WebRobot Ltd’s marketing efforts to publicize the total number of Users of the Service; (b) analyze aggregated usage patterns for product development efforts; or (c) use anonymous data derived from User Data in a form which may not reasonably identify either a particular individual or the User to develop further analytic frameworks and application tools. You further agree that WebRobot.eu will have the right, both during and after the term of these Terms, to use, store, transmit, distribute, modify, copy, display, sublicense, and create derivative works of the anonymised, aggregated data.
Security Incidents. In the event that User Data is disclosed to or accessed by an unauthorized party, WebRobot Ltd will promptly notify you and use reasonable efforts to cooperate with your investigation of the incident; and if such incident triggers any third party notice requirements under applicable laws, you agree that as the owner of the User Data, you will be responsible for the timing, content, cost and method of any such notice and compliance with such laws.
No Responsibility for Backups. WebRobot Ltd will not be responsible for any backup, recovery or other steps required to ensure that User Data is recoverable in the case of data loss. You are solely responsible for backing up your User Data on a regular basis, and taking appropriate steps to safeguard and ensure the integrity of your User Data.
Rights to User Data. You own all right, title and interest (including all intellectual property rights) in and to your User Data.
Security and Privacy Settings
We have implemented commercially reasonable technical and organizational measures designed to secure your User Data from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your User Data for improper purposes. You understand that internet technologies have the inherent potential for disclosure. You acknowledge that you are under no obligation to provide Personal Data or other sensitive information in order to use the Service and that you provide any such information at your own risk.
You acknowledge and agree that the Company and its licensors retain ownership of all intellectual property rights of any kind related to the Site and Service (except for user content, third-party content, and public domain content), including applicable copyrights, trademarks, and other proprietary rights. The Company reserves all rights that are not expressly granted to you under these Terms.
You hereby grant, and you represent and warrant that you have the right to grant, to WebRobot Ltd an irrevocable, perpetual, nonexclusive, royalty-free and fully paid, worldwide license to “process” (meaning to perform any activity, including reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, disclose, and otherwise use) your user-submitted queries or data enhance requests.
You agree to indemnify, defend, and hold harmless the Company and its subsidiaries, agents, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from any and all claims, liabilities, expenses, damages, obligations, losses, liabilities, penalties, punitive damages, expenses, costs or debt, including but not limited to reasonable attorneys’ fees and costs, made by any third party related to: (a) your use or attempted use of the Site or Services in violation of these Terms; (b) your violation of any law, rule or regulation of the United Kingdom or any other country or rights of any third party; (c) any claim or damages that arise as a result of any of your User Data or any other data that are submitted via your account; or (d) any other party’s access and use of the Service with your unique username, password or other appropriate security code; (e) your acts or omissions. WebRobot Ltd will have the right to control the defense, settlement, adjustment or compromise of any such claims, actions or proceedings by using counsel selected by WebRobot Ltd. WebRobot Ltd will use reasonable efforts to notify you of any such claims, actions, or proceedings upon becoming aware of the same.
Disclaimer; No Warranties
The Company does not guarantee the accuracy, completeness, or usefulness of any information on the Site or conveyed using the Service. Under no circumstances will the Company be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Site or created using the Service.
WEBROBOT LTD, ITS SUPPLIERS, LICENSORS, AND PARTNERS DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
THE SERVICE AND ANY THIRD-PARTY OR USER DATA, SOFTWARE, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WEBROBOT LTD, ITS SUPPLIERS, LICENSORS, AND PARTNERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
WEBROBOT LTD, ITS SUPPLIERS, LICENSORS, AND PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICE IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THIRD PARTY OR USER DATA, MATERIAL, OR DATA THROUGH THE USE OF THE SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH THIRD PARTY OR USER PROVIDED INFORMATION, MATERIAL, OR DATA. WEBROBOT LTD WILL NOT BE RESPONSIBLE OR LIABLE FOR THE DELETION, CORRECTION, DESTRUCTION, DAMAGE, LOSS, OR FAILURE TO STORE OR MAINTAIN ANY THIRD-PARTY OR USER DATA.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
You or the Service may call the servers of other websites or services solely at the direction of and as a convenience to You and/or other Users (“Third Party Sites“). WebRobot Ltd makes no express or implied warranties with regard to the information, or other material, products, or services that are contained on or accessible through Third-Party Sites. Access and use of Third Party Sites, including the information, material, products, and services on such sites or available through such sites, is solely at your own risk.
YOU ACKNOWLEDGE THAT WEBROBOT LTD DOES NOT MANAGE OR CONTROL THE USER DATA THAT YOU ACCESS, STORE OR DISTRIBUTE THROUGH THE SERVICE, AND ACCEPTS NO RESPONSIBILITY OR LIABILITY FOR THAT INFORMATION REGARDLESS OF WHETHER SUCH USER DATA IS TRANSMITTED TO OR BY YOU IN BREACH OF THESE TERMS. WEBROBOT LTD MAKES NO WARRANTY WITH RESPECT TO SUCH USER DATA YOU MAY ACCESS, STORE OR DISTRIBUTE THROUGH THE SERVICE. IN PARTICULAR, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WEBROBOT LTD MAKES NO WARRANTY THAT SUCH USER DATA WILL BE FREE OF ANY VIRUS, WORM, TROJAN HORSE, EASTER EGG, TIME BOMB, CANCELBOT, OR OTHER DESTRUCTIVE OR MALICIOUS CODE OR PROGRAMS. YOU AGREE TO WAIVE, AND HEREBY DO WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST WEBROBOT LTD WITH RESPECT TO THIRD PARTY AND/OR USER DATA THAT YOU CHOOSE TO ACCESS, STORE OR DISTRIBUTE, THROUGH THE SERVICE.
THE SITE AND SERVICE ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SITE INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, THE COMPANY MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SITE OR SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR UPLOADING, DOWNLOADING, AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL SENT TO OR OBTAINED FROM THE SITE OR SERVICE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.
User Consent to Receive Communications in Electronic Form
For contractual purposes, you (a) consent to receive emails via the email address you provide when you sign up for the Service; and (b) agree that all Terms, agreements, notices, disclosures, and other communications that the Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.
The Company may also use your email address to send you other messages, including information about the Company, Site, and Service and special offers. You may opt out of such email by changing your account settings or sending an email to firstname.lastname@example.org.
Limitation of Damages; Release
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OR INABILITY TO USE THE SITE OR SERVICE; (C) THE SITE AND SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SITE AND SERVICE AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH THE COMPANY OR ANY OTHER USER OF THE SITE OR SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), FRAUD, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT WILL COMPANY’S LIABILITY TO YOU EXCEED £10. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.
YOU ACKNOWLEDGE AND AGREE THAT WEBROBOT LTD HAS OFFERED ITS PRODUCTS AND SERVICES, SET ITS PRICES, AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE DISCLAIMERS OF WARRANTY AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE DISCLAIMERS OF WARRANTY AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN THE PARTIES (INCLUDING THE RISK THAT A CONTRACT REMEDY MAY FAIL OF ITS ESSENTIAL PURPOSE AND CAUSE CONSEQUENTIAL LOSS), AND THAT THE DISCLAIMERS OF WARRANTY AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND WEBROBOT LTD.
The Company can amend these Terms at any time. It’s your responsibility to check the Site from time to time to view any such changes. If you continue to use the Site or Service, you show your agreement to our revisions to these Terms. Any changes to these Terms (other than as set forth in this paragraph) or waiver of the Company’s rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of an officer of the Company. No purported waiver or modification of these Terms by the Company via telephonic or email communications shall be valid.
If any part of these Terms is held invalid or unenforceable, that portion of the Terms will be construed consistent with applicable law. The remaining portions will remain in full force and effect. Any failure on the part of the Company to enforce any provision of these Terms will not be considered a waiver of our right to enforce such provision. Our rights under these Terms will survive any termination of these Terms.
You agree that any cause of action related to or arising out of your relationship with the Company must commence within ONE (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
These Terms and your use of the Site and Service are governed by the UK laws, without regard to conflict of law provisions.
Arbitration. For any dispute with WebRobot Ltd, you agree to first contact us at email@example.com and attempt to resolve the dispute with us informally. In the unlikely event that WebRobot Ltd has not been able to resolve a dispute it has with you after sixty (60) days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to these Terms, or the breach or alleged breach thereof (collectively, “Claims“) through final and binding arbitration. Any arbitration will be conducted by The London Court of International Arbitration (LCIA) under its consumer arbitration rules. The arbitration will be held in London.
If you are using the Service for commercial purposes, each party will be responsible for paying any LCIA filing, administrative and arbitrator fees in accordance with LCIA rules, and the award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing WebRobot Ltd from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, intellectual property or other proprietary rights.
If you attempt to bring any legal action against the Company based in any way on its Site or Service you agree that, in the event you do not prevail or the Company does prevail, you will reimburse the Company for any costs and attorneys’ fees associated with its defense of the action.
Class Action/Jury Trial Waiver. WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE SERVICE FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND WEBROBOT LTD ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.
Electronic Commerce Directive 2000. WebRobot Ltd respects the intellectual property rights of third parties and responds to allegations that copyrighted material has been posted, uploaded or shared on or through the Service without authorization from the copyright holder in accordance with the safe harbor set forth in the Electronic Commerce Directive 2000. WebRobot Ltd will also, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may infringe or repeatedly infringe the copyrights of others in accordance with the above-mentioned e-Commerce Directive.
Disclosures. The Service is offered by WebRobot Ltd, located at 2nd Floor College House, 17 King Edwards Road, Ruislip, London HA4 7AE. If you have any questions, you can contact the Company also at firstname.lastname@example.org.
Notice for California Users
Under California Civil Code Section 1789.3, California users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.
– These Terms & Conditions were updated on 17 November 2021