License and Use-Agreement
Effective as of 1.7.2022.

between you, the "User", and Crawlinski Technology Sp. z o.o., Zarajec Potocki 31, 23-313 Poland, ("Crawlinski").

    1 Preamble
        1.1 Crawlinski operates a platform providing crawling solutions for businesses (the "Platform"). Crawlinski wants to enable data driven business to gather data to empower their algorithms, services, and offer a better customer experience.
        1.2 User desires access to the Platform in order to retrieve data from a web server using an URL specified by User ("Request").
        1.3 Now, therefore, the Parties agree as follows:
    2 Conclusion of the Agreement
        2.1 Crawlinski offers various service packages. The User may choose one of them. After entering the requested data and payment information the Agreement is being concluded by the User clicking the respective button.
        2.2 We do store the text of this Agreement. We advise users to store or print out the text of this Agreement.
        2.3 The Agreement is made in English.
    3 Platform, License to use the Platform
        3.1 Crawlinski grants User the right to use the Platform according to this Agreement.
        3.2 User shall have the unrestricted, transferable, and sub-licensable right to use the data, results, and insights obtained by using the Platform lawfully and according to this Agreement for its business purposes.
        3.3 User shall not sublicense, rent, lease, permit time sharing or otherwise make available or transfer use of the Platform to any third party.
        3.4 Both Parties acknowledge that they are independent entities, and that they have no right or license in or to trade names and trademarks, patents, or copyrights of the other by virtue of this Agreement or otherwise.
    4 Access
        4.1 User shall access the Platform by using the official API according to the documentation.
        4.2 Access to the Platform requires technical equipment and software. The provision of such equipment is not the subject matter of this Agreement.
    5 Right of Withdrawal (for consumers)
As a consumer, you have the right to cancel this Agreement within fourteen days without giving any reason.
The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the products.
To exercise your right of cancellation, you can inform us by mail or in text form via E-Mail of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter sent by post, fax or e-mail). For this purpose, you can use the model withdrawal form, which is, however, not mandatory.
To comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the end of the cancellation period.

Consequences of revocation
If you withdraw from this contract, we must repay you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment. We may refuse to refund you until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the end of the period of fourteen days.
You shall bear the direct costs of returning the goods.

You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing the quality, characteristics and functioning of the goods.

Please note that the right of withdrawal expires in the case of a contract for the supply of digital content by download when the entrepreneur has started executing the contract with the consumer's consent and has confirmed his knowledge that his consent means that he loses his right of withdrawal when he starts executing the contract.
    6 Fee and Payment
        6.1 In consideration of the right to access the Platform, User shall pay the amount as specified in the package , chosen via the website or dashboard (the "Fee"). Crawlinski may adjust the Fee. In the event of such fee adjustment, Crawlinsky will inform User regarding the respective adjustment at least two months prior to the date they become effective. If the Fee increases exceeding five per cent (5%) within a 12-month period, User shall be entitled to terminate this Agreement (Sec 8.4 herein shall apply) with one month’s notice, upon receipt of the notification of the Fee increase. Termination will then become effective when the Fee increase comes into force.
        6.2 Crawlinski shall issue a proper invoice including all applicable taxes. In case bank transfer is agreed on user shall transfer the amounts due within 5 days after receipt of the invoice. Otherwise, the fee must be paid upfront before use of the platform.
    7 Principles of use, Unlawful use of Platform, Indemnification
        7.1 User shall not use the Platform
    • in violation of or in order to violate applicable law, regulations or any third-party rights including intellectual property rights (Upon request Crawlinski shall provide to user a list of the countries in which devices are situated),
    • to adversely affect the functionality of any computer software, hardware, network or telecommunications equipment, including but not limited to the Platform,
    • to cause any network resource to be unavailable to its intended consumers, including, without limitation through "Denial-of-Service (DoS)" or "Distributed Denial-of-Service (DDoS)" attacks,
    • to distribute any unlawful content or encourage any unlawful activity,
    • to cause any damage or service disruption to any third-party computers or services.
        7.2 User shall not
    • remove, circumvent, disable, damage or otherwise interfere with security-related features of the Platform, features that prevent or restrict use or copying of any content accessible through the Platform, or features that enforce limitations on use of the Platform including, without limitation, creating multiple accounts in order to circumvent query limits or other restrictions based on your account type,
    • use the platform for affiliate marketing, to conclude subscriptions, and similar activities,
    • transmit or upload by means of the Platform pornographic, threatening, embarrassing, hateful, racially or ethnically insulting, libelous or otherwise inappropriate content,
    • share Crawlinski.com-issued passwords with any third party or encourage any other User to do so,
    • modify, adapt, translate or create derivative works based upon the Platform,
    • use the Platform in any way that could damage, disable, overburden or impair the Platform,
    • impersonate another person or access another User's account without that User's permission,
    • reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Platform, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
        7.3 If Crawlinski is faced with third-party claims due to the User’s failure to comply with the provisions in this Agreement or other applicable laws, especially concerning responsibility for contents, the User shall indemnify Crawlinski and its employees, representatives, agents, and entities Crawlinski uses to fulfil its obligations under this Agreement (such as Providers) with from and against any such claims.
    8 Monitoring of Activity
        8.1 Crawlinski shall have the right, but not the obligation, to monitor the User's use of the Platform for billing purposes as well as to verify no misuse or network abuses are conducted. Crawlinski may share relevant information obtained by such monitoring with any authority in case of a complaint or lawsuit if Crawlinski determines that it is necessary to comply with applicable law, regulations, subpoenas or other court orders.
        8.2 User shall notify Crawlinski if in the course of such monitoring Crawlinski may come in contact with personal data.
    9 Data Protection
        9.1 Crawlinski, at no point in time, collects personal data of any kind on an intentional basis. In cases where personal data is inadvertently collected from Users or Crawlinski is voluntarily provided by Users with such data, i.e. through contact requests of any type, or to the extent that any type of data collected by Users is considered to contain personal data under any applicable jurisdiction, Crawlinski complies and will comply with all possibly applicable laws, regulations and rules regarding the disposition of, handling as well as storage of such personal data at all time.
        9.2 Use of the Platform leads to servers of Crawlinski automatically recording data referred to as log data. Crawlinski records such log data only for the purposes of billing or to monitor for misuse.
    10 Term and Termination
        10.1 The contract is effective for an indefinite period of time and may be terminated by either Party with a notice period as defined in the package   the user has chosen.
        10.2 The right to terminate for good cause shall not be affected by the foregoing. Good cause for Crawlinski shall be deemed given if Crawlinski is faced with legal claims due to the User's culpable conduct.
        10.3 Termination may be made via the dashboard.
    11 Adaption of the Agreement
        11.1 If circumstances which became the basis of the Agreement change significantly since the Agreement was entered into and if the Parties would not have entered into the Agreement or would have entered into it with different contents if they had foreseen this change, adaptation of the Agreement may be demanded to the extent that, taking account of all circumstances, in particular the contractual or statutory distribution of risk, one of the Parties cannot reasonably be expected to uphold the Agreement without alteration. In particular. If, due to circumstances beyond Crawlinskis control, it becomes considerably more difficult to render the contractual services (for example: technical measures impeding or preventing access to certain sites), Crawlinski is entitled to adjust the prices accordingly.
        11.2 If one Party cannot reasonably be expected to accept adaptation of the Agreement, the disadvantaged Party may terminate the Agreement. If adaptation of the Agreement is not possible either Party may terminate the Agreement.
    12 Liability, Indemnification
        12.1 Damage claims of User irrespective of the legal ground are excluded where Crawlinski caused the damage acting with slight negligence. This also applies to indirect or direct consequential damages as well as to loss of profit. This shall not apply where liability is mandatory, e.g. pursuant to sections 475 (1), 651, 437 (1) no. 2 of the BGB (German Civil Code), in cases of intent, gross negligence, injury to life, limb or health, breach of material contractual duties. Damage compensation for the breach of material contractual duties, however, is limited to the foreseeable damage typical to the contract, unless committed with intent or gross negligence or where liability for the injury to life, limb or health is incurred.
        12.2 The above regulations do not entail any change of the burden of proof to the disfavor of the User.
        12.3 Where Crawlinski's liability is excluded or limited this shall also apply to employees, representatives and agents.
    13 Confidentiality
The Parties agree not to disclose, advertise or make known the existence, terms and conditions of this Agreement to any third party without the respective other Party's prior written consent unless required by law.
    14 Governing law and venue
        14.1 All disputes shall be settled in accordance with the provisions of this Agreement and all other agreements regarding its performance, otherwise in accordance with the substantive law in force in Germany without reference to other laws, with regard to the validity and scope of IP Rights in accordance with the mandatory law of the country where such IP Rights have been originated and/or registered. The application of the United Nations Convention on Contracts for the International Sale of Goods of April 11, 1980 shall be excluded.
        14.2 If the User is a merchant as defined in the German Commercial Code, a public-law legal entity or a special government fund entity under public law without legal capacity, or if it has no general place of jurisdiction in the Federal Republic of Germany, the venue for disputes arising out or in connection this Agreement is agreed to be Munich, Germany.
    15 Miscellaneous
        15.1 User may not delegate its obligations or its rights hereunder without the prior written consent and approval of Crawlinski.
        15.2 Crawlinski has the right at any time to delegate its obligations or its rights hereunder or assign this Agreement in its entirety to a third party.
        15.3 This Agreement may not be modified or amended except by a written amendment, executed by the duly authorized officers of the Parties hereto. This requirement may only be waived in writing.
        15.4 Any provision of this Agreement which may be deemed unenforceable or contrary to applicable mandatory law shall be disregarded in the performance or interpretation of this Agreement, and shall not operate to invalidate any other portion or provision of this Agreement.
        15.5 Each of the Parties hereby represents and warrants that it has full corporate power and authority to enter into this Agreement without the consent of any other person, organization or entity.
        15.6 This Agreement contains the full understanding of the Parties and supersedes all prior agreements and understandings, written or oral, between the Parties with respect to the subject matter hereof.
    16 EU online dispute resolution
        16.1 The European Commission provides a platform for online dispute resolution at https://ec.europa.eu/consumers/odr/ . We do not participate in this consumer arbitration procedure.