Terms and Conditions

Updated: September 2024

  1. SCOPE

These general terms of service ("Terms of Service") constitute the regulatory framework for the contracting of the services indicated in section 2 ("Services") offered by ZENROWS, S.L. ("ZENROWS" or the "Company") to its clients (the “Client”) through this website: https://www.zenrows.com/ (the “Website”).

These Terms of Service constitute the applicable agreement between ZENROWS and the Client (the "Agreement").

The Client, at the time of acquiring any of our Services, expressly accepts and submits to the present Terms of Service, and to the Conditions of Use of our Website and the Privacy Policy, which shall be complementary to the present General Conditions.

ZENROWS may establish particular or specific conditions governing their relationship with its Clients ("Special Conditions"). In such cases, the Special Conditions shall prevail over these General Conditions.

The Client acknowledges that they have the legal capacity to enter into a contractual obligation.

  1. DESCRIPTION OF THE SERVICE

ZENROWS, through this Website, offers its clients remote access software or computer system that allows data extraction or scraping by means of robots, rotating proxies, CAPTCHAs, among other tools, in order to obtain, collect and download structured and unstructured data (URLs) from websites in an automated way (the "Platform").

Accordingly, the Platform enables users to collect large amounts of Internet data for, for example, e-commerce price monitoring, social media research, machine learning model training and many other use cases (hereinafter, the "Services").

ZENROWS reserves the right to replace, modify, extend, or reduce the catalogue of services and products offered through this Website.

  1. CLIENT'S PREREQUISITES FOR CONTRACTING SERVICES

The Services may only be contracted through the Platform by individuals of legal age (18 years of age) and with sufficient legal capacity to contract.

If the Client is a legal entity, the individual accepting these Terms of Service warrants that he or she is authorised by the Client to accept them on its behalf and to bind, in all respects, the Client. If you are not authorised or do not accept these Terms of Service, you must not use the ZENROWS’ Services.

ZENROWS reserves the right to refuse Services or to immediately terminate the Agreement with a Client if the Client does not fulfil the age requirements, has sufficient legal capacity to contract or if the Client has previously breached these Terms of Service.

To use the Service, the Client must have access to the necessary Internet connection and register as a user.

ZENROWS is not responsible limited access due to an overload on the Internet or due to failures or difficulties related to computers or other devices, networks, electronic devices or communication systems of the Client.

  1. MODALITIES OF ACCESS TO SERVICES

Access to the Platform and registration as a user of ZENROWS, in general, is free of charge. However, in order to obtain the Services offered by ZENROWS, it will be necessary to have a subscription.

4.1. Trial Period

ZENROWS may offer limited access to the Services free of charge ("Trial Period") so that its Clients can test the Services offered through the Platform. At all times, the Client will be informed about the paid Services and will be offered the possibility of subscribing to them, which will always be voluntary.

The Client must create a profile or account ("User Account") to be able to enjoy the free access, however, it will not be necessary to provide your payment details for the start of the Trial Period.

Generally, the Services available, free of charge, will be the creation of a User Account and the possibility to make URL requests with the limitations indicated on the screen from time to time.

The Free Usage granted to the Clients cannot, under any circumstances, be exchanged for money.

Once you have used up the Free Usage provided by ZENROWS, you will be informed about Subscription Plans for our Services.

At all times, the Client will be informed of the available usage, or percentage consumed and when a subscription to one of our Subscription Plans will be required in order to continue enjoying the Services offered by ZENROWS.

Subscription to the paid Services is voluntary, however, once the Free Usage provided by ZENROWS has been used up, subscription to one of our Subscription Plans will be required in order to enjoy our Services.

ZENROWS may determine the eligibility of Clients for the Trial Period and withdraw or modify the conditions for enjoying the Free Usage, at any time, without notice and without liability, to the extent permitted by applicable law. If the Client has already had an active subscription, or has had a trial version previously, he/she will not be eligible for a new Trial Period.

4.2. Subscription Plans

Getting Usage and, therefore, access to the Services (URL searches through the Platform, as well as using other additional functionalities offered by ZENROWS) generally requires the subscription to one of the subscription plans (the "Subscription Plan(s)") provided by ZENROWS, except in the case where ZENROWS grants the Trial Period (section 4.1).

The price, CPMs and type of each Subscription Plan will be indicated at the time of contracting. As a general rule, the Subscription Plans available will be monthly and annual, and will be renewed for the same period respectively, if the Client does not cancel the renewal in accordance with the provisions of section 10.

The available Usage, i.e. the part that has not been consumed during the corresponding month or year, cannot be accumulated and cannot be consumed by the Client once the duration period has elapsed.

In addition to the above, ZENROWS offers customised packages or Subscription Plans, which shall be subject to the Special Conditions governing the relationship between the parties.

Payments shall always be made prior to the granting of the Usage or provision of the Services, and ZENROWS reserves the right not to provide the Service requested until it has received payment for the same, as well as the right to temporarily suspend or definitively cancel the Service in the event of any incident in the collection of the same.

  1. CONTRACTING PROCESS

The process of contracting the ZENROWS Services through the Website shall generally consist of the following steps:

  1. Through the Website, the Client must register to create a User Account.
  2. To validate the login credentials, ZENROWS will send a link to validate the e-mail address to the e-mail address indicated during the registration process. If the registration email address is not confirmed, access to the Services will not be possible and, fifteen days after registration, ZENROWS reserves the right to cancel the User Account.
  3. During the registration and contracting process, the Client must select the type of Subscription Plan, or if applicable, if they wish to use the Trial Period and ZENROWS will indicate the steps to follow to complete the process. During this process, the Client will be requested certain personal data, which will be processed in accordance with the Privacy Policy.
  4. These Terms of Service will be accessible and must be accepted to create a User Account or purchase a Subscription Plan. Once accepted, and only if a Subscription Plan is selected, the Client will be redirected to the provider's payment page.
  5. Once payment has been made, the Client will receive an email with confirmation of the purchase and full payment details. The Client will then be given access to the Subscription Plan to which they have subscribed.
  6. In no case shall the contracting of the Services be deemed to have been completed until full payment of the indicated price has been made.
  1. PRICE AND CONDITIONS OF PAYMENT

ZENROWS offers different Subscription Plans to the Platform Services with a monthly or annual payment of the amounts indicated at the time of contracting ("Fee").

The amount of the Fee will be established according to the parameters, CPM contracted, as well as any other functionality indicated.

Subscription Plans may be on a MONTHLY or ANNUAL basis and will be renewed for the same period.

For example, in the case of the MONTHLY Subscription Plan, it will be renewed 30/31 days after its agreement (on the same day as the following month), and the corresponding amount will be charged to the account indicated in the agreement process, unless the Client cancels the subscription (see section 10). Each Subscription Fee will be charged on the same day of renewal.

The Subscription Plans offered on this Website may be subject to taxes, which ARE NOT INCLUDED in the price or Fee, unless otherwise stated.

Prior to confirming the Subscription Plan and before proceeding to pay for it, the final price or Fee for the selected Subscription Plan will appear on the screen, which will include the applicable taxes and other expenses that will be reflected at the time of contracting.

Anything not specified in the description as included is not included.

In this regard, payments shall always be made prior to the provision of the contracted Services, and ZENROWS reserves the right not to provide the requested service until it has received payment for the same, as well as the right to temporarily suspend or definitively cancel the Services in the event of any incident in the collection of the same.

If the Client has selected the Trial Period, once the Free Usage have been used up, in order to continue enjoying the Services, he/she must contract a Subscription Plan. Subscription to the Services is voluntary.

6.1. Changes in the Subscription Plan

If the Client wishes to change to the Subscription Plan, they must do so through their User Account.

In this respect, the following amendments to the Subscription Plan are permitted:

  1. Increase the usage limit or "Upgrade": the Client may change the Subscription Plan to a higher plan, i.e. one that includes lower CPMs and allows the use of additional functionalities. The change will take effect immediately and the unused usage will not be transferred.
  2. Reduce the usage limit or "Downgrade": the Client may change the Subscription Plan to a lower plan, i.e. one that includes higher CPMs and, if applicable, the restriction to some additional functionalities. The change in the price of the Subscription Plan will be effective the following month.

6.2. Methods of payment

ZENROWS can accept different payment methods, as indicated on the payment page. The Client will be able to choose the most convenient one (if there is more than one). The Website will direct the Client to a secure platform to make the payment. In any case, the Client will be informed of the steps to follow to complete any necessary payment.

ZENROWS shall make available to the Client payment platforms and/or tools provided by third parties.

In any case, ZENROWS has no knowledge of data relating to credit card numbers. All payment systems available to the Client are totally secure.

6.3. Promotional offers

ZENROWS may make available to the Clients periodic promotional offers, as well as offers depending on the Subscription Plan contracted. Such promotional offers shall have their own particular conditions and period of validity, which shall be duly communicated to the Client. The Client undertakes to check the particular conditions and periods of validity of each promotional offer before contracting.

In addition, some promotional offers will only be available to new clients.

6.4. Invoices

ZENROWS shall provide the Clients with invoices for the Services provided. The Client may request invoices from ZENROWS by contacting the following e-mail address: success[at]zenrows.com.

The Client is responsible for confirming receipt of the notifications and informing us of any amendment to their data, ZENROWS being exonerated from any liability arising from this circumstance.

  1. DURATION

This Agreement shall enter into force on the date the Client contracts the Services (date of acceptance of these Terms of Service) and shall remain in force indefinitely until terminated by the Client or by ZENROWS.

  1. LICENCE AND CONDITIONS OF USE OF THE SERVICES

ZENROWS grants the Client a non-exclusive, non-sublicensable, non-transferable, revocable, worldwide, limited licence to access and use the Platform and the Services associated with the Platform, for the exclusive use of the person contracting the Service and may not market or assign it to any third party (the "Licence"). In the event that other limitations are established for any Subscription Plan, access to the Platform and use of the Services shall be limited to such limitations.

The Licence to access and use the Services or the Platform shall remain in force until and unless terminated by the Client or ZENROWS. The Client acknowledges and agrees to use the Services for its own use and not for commercial purposes and will comply with the restrictions set out in this section.

The Client may only use the Platform and the Services in accordance with this Agreement. Any other use is prohibited unless expressly authorised by ZENROWS. The Client, with respect to the Services, which includes the Platform itself, its content and the contents of the Website, the computer codes of the elements making up the Services, shall not (including encouraging, facilitating, or causing any other party to do so) do any of the following:

  1. Use the Services for any commercial, competitive or public purpose;
  2. Use the Services for unlawful purposes;
  3. copy/reproduce, lend, sell, rent, sublicense, broadcast, distribute, edit, transfer to third parties, as well as adapt the Services or any part thereof in any way;
  4. Reverse engineer, decompile, disassemble, modify or create derivative works of the Platform, the Services or any part thereof, except to the extent permitted by applicable regulation;
  5. Circumvent, modify, remove, delete, erase, alter or otherwise tamper with any security, encryption or other technology or software that is part of the Services, in particular those used to enforce Free Access restrictions;
  6. Carrying out any action contrary to the Conditions of Use of the Website (including the introduction of viruses or other malicious programmes, the intentional overloading of the servers or any other action that prevents the normal use of the Website or is likely to cause damage to computer systems, the access provider, its suppliers or third-party Clients on the Internet network);
  7. Impersonate other Clients by using their registration keys or create fake accounts to access the different Services and/or contents of the Website;
  8. Use the Services in any way that could interfere with, hinder, adversely affect, or prevent other Clients from fully performing the Services, or that could damage, disable, overburden, or impair the operation of the Services.
  9. Otherwise, use the Service in violation of copyright or other laws.

In short, ANY ACCESS TO OR USE OF THE SERVICES AND THE PLATFORM THAT IS CONTRARY TO THE PROVISIONS OF THIS AGREEMENT AND, IN PARTICULAR, THOSE WHICH MAY BE UNLAWFUL, ABUSIVE, FRAUDULENT OR WHICH MAY HARM THE RIGHTS OF ZENROWS, OTHER CLIENTS AND/OR THIRD PARTIES IS PROHIBITED.

IT IS STRICTLY PROHIBITED TO COLLECT DATA OR URLS FROM THIRD-PARTY WEBSITES FOR PURPOSES THAT ARE UNLAWFUL, ABUSIVE OR IN CONTRAVENTION OF THE LAW, GOOD FAITH AND GENERALLY ACCEPTED CUSTOMS AND PRACTICES. IN THE EVENT THAT ZENROWS SUSPECTS THE USE OF THE PLATFORM FOR SUCH PURPOSES, THE COMPANY MAY REFUSE AND/OR DISABLE THE USE OF THE PLATFORM LICENCE AND SERVICES.

THE CLIENT ACCEPTS AND ASSUMES FULL RESPONSIBILITY AND LIABILITY FOR ANY ACTIVITY THAT TAKES PLACE UNDER HIS/HER USERNAME AND PASSWORD.

Any use of the Platform and the Services in breach of this clause shall be deemed a material breach of the Agreement, which shall entitle ZENROWS to resolve it with immediate effect and to terminate or block the Client's Account, and to take such action as may be appropriate to prevent repeated breaches of these provisions.

The Client undertakes to indemnify ZENROWS against any possible claim, fine, penalty or sanction that ZENROWS may be obliged to bear because of the Client's breach of any of the above rules of use, and ZENROWS reserves the right to request compensation for damages.

8.1. Use of the Client's Trademarks

The Client grants ZENROWS the right to use its trademark and trade name in the promotion of its Services and to reproduce them on the Website and in other ZENROWS marketing and promotional materials and online media as a public acknowledgement that it is a client of ZENROWS, to the exclusion of any other use.

  1. OBLIGATIONS OF THE PARTIES

ZENROWS undertakes to provide the Platform and the Services by applying the utmost diligence in the provision of the same and adopting, within its possibilities and the state of the art, all necessary measures to ensure the proper functioning of the same.

The Client undertakes to use the Services made available to it in good faith, without infringing the regulations in force on any matter or infringing the rights of third parties, as well as to pay for the Services and fulfil all other obligations in the time and in the way established in this Agreement.

9.1. Obligations of the Client concerning his account and access credentials:

By entering their details, the Client declares that all information provided is true, complete, accurate and up to date; in the event that ZENROWS has doubts about the veracity of the information provided by the Client, it may immediately suspend or close their User Account, at its discretion and without prior notice.

The Client is responsible for confirming receipt of the notifications and for informing ZENROWS of any amendment to their details, ZENROWS being exonerated from any liability arising from this circumstance.

The Client shall be responsible for keeping the access credentials (username and password) secure and confidential, without allowing third-parties to use their account; without obtaining economic benefits from the use of their account or its disclosure to third-parties. Likewise, the Client must inform ZENROWS via the contact email address of any incident related to the security of the account and/or password.

The Client shall keep his personal and contact details up to date. All transactions carried out prior to the updating of personal data shall be based on the information provided up to that time. ZENROWS shall not be liable for any loss, delay, expense, or damage due to its lack of authenticity or updating.

ZENROWS shall not be liable for any damages resulting from the registered Client's misuse of its login credentials or information provided to ZENROWS.

  1. CANCELLATION AND RENEWAL OF SUBSCRIPTION

The Client may cancel the Subscription Plan at any time from his User Account. However, any cancellation of the Subscription Plan will be taken into account for the next billing period. The subscription will be active for the current period, but will not be renewed again.

For example, if a monthly Subscription is renewed on 1 January and cancelled by the Client on the same day (any time after 0:00 hours on 1 January), the cancellation will be effective in February, i.e. the January Subscription Plan Fee will be charged, but not the February Subscription Plan Fee, and the Client will be able to use the paid Subscription Services until 31 January .

If the Client wishes to permanently cancel his User Account and all data, this option must be expressly requested via email at success[at]zenrows.com. If the Client has a paid Subscription in force at the time of requesting the deletion of the User Account, the Client will continue to have access to the Services until the end of the current billing period, not being renewed. After this period, the User Account will be definitively deactivated, and all data will be deleted after the applicable legal retention periods have elapsed.

IN THE EVENT OF BREACH OF ANY OF THESE TERMS AND CONDITIONS BY THE CLIENT, ZENROWS RESERVES THE RIGHT TO DEACTIVATE OR BLOCK THE CLIENT'S ACCOUNT OR ACCESS TO THE SERVICES, IN WHOLE OR IN PART, TEMPORARILY OR PERMANENTLY, WITHOUT COMPENSATION OR REIMBURSEMENT AND PREJUDICE TO ANY CLAIM AGAINST THE CLIENT.

  1. RIGHT OF WITHDRAWAL AND REFUND POLICY (APPLICABLE ONLY TO CONSUMERS)

The Client may not withdraw from contracting the Services if he/she is not a consumer, as defined in the applicable regulations.

The right of withdrawal is the right of any consumer to withdraw from an agreement within 14 calendar days from receipt of the products purchased or, in the case of services, from the contract, without having to justify their decision or bear any penalty for doing so.

The Client shall have the right to withdraw from this Agreement within 14 calendar days of entering into the contract. However, such withdrawal shall not apply if the Service has been fully performed, when performance has commenced, subject to the Client's express consent and with the acknowledgement that, once the Agreement has been fully performed, the Client will have lost its right of withdrawal.

In this sense, the Service shall be deemed to have been executed and, therefore, without the possibility of withdrawal, when the Client spends any Usage of the Subscription Plan contracted, for example, making requests for URLs, as well as using any functionality and/or payment or paid Service offered by ZENROWS through the Platform.

The exercise of the right of withdrawal is not subject to any formality, so it will be sufficient for the Client to notify ZENROWS within the period indicated above to our postal address (C /SARRIKOBASO, 20 - BAJO IZ, 48991 GETXO -BIZKAIA ) or e-mail address (success[at]zenrows.com ) using the withdrawal form indicated below:

Withdrawal form:

For the attention of ZENROWS, S.L.

I hereby give notice that I am withdrawing from the Agreement in relation to the following Services:

Agreement on / reference:

Consumer data:

Signature of the consumer:

Date:

Consequences of withdrawal:

If the Client withdraws from this Agreement, ZENROWS shall reimburse the payment received from the Client without undue delay and in any event not later than 14 days from the time of receipt of the actual notice of withdrawal.

Such reimbursement shall be made using the same means of payment that the Client used for the initial transaction, unless otherwise expressly resolved; in any event, the Client shall not incur any costs because of such reimbursement.

  1. INTELLECTUAL PROPERTY RIGHTS

ZENROWS owns all intellectual or industrial property rights, or has sufficient authorisation, over the Website, the Platform (software and applications associated with it) and all content, including, but not limited to, all content included as part of the Services, trademarks, copyrights, source and object code, algorithms, architecture, interfaces, designs, texts, images, videos or any other material, derived works, as well as the presentation, arrangement and classification of the content of the Website.

When the Client uses the Service, ZENROWS does not grant the Client any right to exploit all or part of the Service, except for the rights granted in this Agreement, and ZENROWS reserves all such rights. The Client may only view the elements of the Platform and use the contracted Services in accordance with these Terms of Service and may print, copy, and store them on their device or any other physical medium provided that this is exclusively for their personal use.

  1. DATA PROTECTION

Any personal data provided by the Client while using the Services will be treated in accordance with the Privacy Policy and, in case of acceptance of cookies, the Cookie Policy .

  1. LIMITATION OF LIABILITY

Use of the ZENROWS’ Services is at the Client's own risk. The Client shall be solely responsible for its decisions and use of the information provided as part of the Services. ZENROWS does not guarantee specific results to the Client from using of the Services.

ZENROWS does not guarantee that the availability of the Services will be continuous and uninterrupted, as the Services may suffer difficulties due to problems in the Internet network, breakdowns in computer devices and other unforeseeable circumstances. The Client undertakes to bear within reasonable limits such circumstances, and therefore expressly waives ZENROWS any contractual or extra-contractual liability for possible failures, errors, and use of the contracted Service.

THE SERVICES AND THEIR CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. ZENROWS MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, SECURITY, FREEDOM FROM ERROR OR ACCURACY OF THE SERVICES OR THEIR CONTENT. IN ADDITION, TO THE FULLEST EXTENT PERMITTED BY LAW, NO WARRANTIES (EXPRESS OR IMPLIED), INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, ARE MADE.

In addition, the Client agrees to exclude ZENROWS from any liability arising out of or because of:

  1. the use of the contracted Service, and;
  2. any breach or violation of the terms and conditions of this Agreement by the Client, even after termination of the Agreement.

ZENROWS reserves the right to refuse, withdraw/block access to the Services and/or the Platform without prior notice, at its own request or at the request of a third party, to Clients who do not fulfil this Agreement and/or the Terms and Conditions of Use of the Website.

The Client accepts that the data or URLs extracted have been obtained from automated searches of other databases and other information circulating on the network. Consequently, ZENWOWS does not control the relevance, truthfulness, or accuracy of all the data extracted and is therefore in no way responsible for information that is not accurate, truthful, updated or any information resulting from an error of the source from which such information was extracted.

ZENROWS will prosecute any breach of this Agreement, as well as any improper use of the Platform, and reserves the right to exercise all civil and criminal actions to which it is entitled.

To the extent permitted by law, the total liability of ZENROWS, its partners and its staff for any damage, injury or claim arising out of the Services is limited to the total amount of payments made by the Client to ZENROWS under this Agreement during the twelve (12) month period immediately preceding the event giving rise to such liability.

Indirect damages, loss of profit, consequential damages or opportunity costs shall not be subject to claims. This limit shall not apply if ZENROWS has been guilty of fraud or gross negligence in the performance of the Services which are the subject of this Agreement.

  1. NOTIFICATIONS

All communication between the Parties shall be made through the Platform which forms part of the Services or, where appropriate, by email to the contact addresses indicated by the Parties or by any means of which there is evidence of receipt to the individuals and addresses indicated.

  1. AMENDMENTS

ZENROWS reserves the right to modify these Terms of Service at any time without notice. Such amendments shall be effective as of the date of posting on the Website or as otherwise indicated.

ZENROWS will notify the Client of any changes and the date on which they take effect, and the Client may terminate the Agreement if it no longer wishes to use the Services in accordance with the new version.

In any event, your continued use of the ZENROWS’ Services shall constitute acceptance of the amendments to the Agreement.

  1. INCIDENTS AND CONTACT

In case of any doubts, queries or complaints, the Client can send an e-mail to success[at]zenrows.com.

In the event that the Client detects any defect or error in the Services, they may contact ZENROWS, indicating the defects/errors detected and attaching graphic proof of the same. ZENROWS, after analysing the specific case, will inform the Client of the steps to be taken to resolve the incidents found.

  1. LANGUAGE OF THE AGREEMENT; APPLICABLE LAW AND JURISDICTION

For all purposes, the English version of this Agreement shall be the original and governing instrument between the parties. In the event of any conflict between this Spanish language version of the Agreement and any subsequent translation into any other language, the Spanish version shall apply.

This Agreement and its execution are subject to English regulation, unless otherwise provided by law.

In the event of any dispute arising as to the interpretation or application of these contractual terms and conditions, the parties shall negotiate in good faith to resolve such dispute or claim. However, if the dispute or claim is not resolved, the Parties shall submit to the courts or tribunals of the Client's address.

The European Commission also offers a platform for alternative dispute resolution, which can be accessed by any consumer at the following link: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=ES