Terms of Use

Updated: September 2024

1. GENERAL ASPECTS

These Terms of Use (the "Terms of Use") govern the conditions that you (the "Client") must comply with when accessing and/or using the Platform and the Services (as defined in section 2) of ZENROWS, S.L. ("ZENROWS", "us", "we", or "our"). By accessing the Platform, you agree to be bound by the Terms of Use.

The Terms of Use shall be understood in accordance with the provisions of the Terms and Conditions and the Privacy Policy, collectively referred to as the “Agreement”.

You acknowledge that you have the legal capacity to be bound by these Terms of Use.

2. DESCRIPTION OF THE SERVICE

ZENROWS, through ZENROWS' Platform, provides its clients with remotely accessible software or computer systems that enable data extraction and structuring to automatically obtain, collect, and download structured and unstructured data (URLs) from websites (the "Services" or “ZENROWS’ Services”).

Clients can use the software by accessing it through a web-based platform (the “Platform").

ZENROWS reserves the right to replace, modify, expand, or reduce the catalogue of services and products offered.

3. REQUIREMENTS FOR THE USE OF SERVICES

ZENROWS' Services are mainly designed for businesses. Nevertheless, the individual accepting these Terms of Use warrants that he/she is authorised by Client to accept them on its behalf and to bind them in all aspects. If you are not authorised or do not agree to these Terms of Use, you may not use the ZENROWS’ Services.

ZENROWS reserves the right to deny access to or use of ZENROWS' Platform or the Services or to terminate the Agreement with a Client immediately.If the Client fails to comply with the above requirements or if the Client has breached the Terms of Use.

In order to use the Services, the Client must have access to the necessary Internet connection and be registered as a user.

ZENROWS is not responsible if access to the Services is limited due to Internet congestion or failures or difficulties related to Client's computers or other equipment, networks, electronic devices, or communications systems.

4. LICENSE AND TERMS OF USE OF THE SERVICES

ZENROWS grants to Client a non-exclusive, non-sublicensable, non-transferable, revocable, worldwide, limited license to access and use the ZENROWS’ Platform and the Services associated with the Platform, for the exclusive use of the person accessing the Service during the term of this Agreement and may not be marketed or assigned to third parties for the purposes defined in Section 2 during the term of this Agreement (the "License").

The License to access and use the Services or access to the Platform shall remain in effect unless terminated by Client or ZENROWS. Client acknowledges and agrees to use the Services for its own personal, non-commercial use and to comply with the restrictions set forth in this section.

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

1. Use the Services for any commercial, competitive, or public purpose.
2. Use the Services for any unlawful purpose.
3. Copy/reproduce, loan, sell, rent, sublicense, broadcast, distribute, edit, transfer to third parties, or 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 law.
5. Circumvent, modify, remove, delete, erase, alter or otherwise interfere with any security, encryption or other technology or program that is part of the Services, including, without limitation, those used to enforce any access restrictions.
6. Take any action contrary to the Agreement (including the introduction of viruses or other malicious programs, the intentional creation of a server overload or any other action that prevents the normal use of the Platform or that is likely to cause damage to computer systems, the access provider, its suppliers or third-party.
7. Impersonate other Clients by using their registration keys or create fake accounts to access the different Services and/or content.
8. Use the Services in any manner that interferes with, hinders, adversely affects, or prevents other Clients from fully enjoying the Service, or that could damage, disable, overburden, or impair the operation of the Service.
9. Otherwise use the Service in a manner that infringes any copyright or other laws.

In short, ANY ACCESS TO OR USE OF THE SERVICES AND THE PLATFORM THAT IS IN CONTRARY TO THE PROVISIONS OF THIS AGREEMENT AND, IN PARTICULAR, ANY THAT MAY BE UNLAWFUL, ABUSIVE, FRAUDULENT, OR ILLEGAL, OR WHICH MAY INFRINGE 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 any purpose that is unlawful, abusive, or contrary to law, good faith and generally accepted customs and practices. If ZENROWS suspects that the Platform is being used for such purposes, ZENROWS may refuse and/or disable the use of the Platform license or other services.

CLIENT ACCEPTS AND ASSUMES ALL RESPONSIBILITY AND LIABILITY FOR ALL ACTIVITIES THAT OCCUR UNDER ITS USERNAME AND PASSWORD.

Any use of the Platform and Services in violation of this clause shall be deemed a material breach of the Agreement, which shall entitle ZENROWS to terminate the Agreement with immediate effect and to cancel or suspend Client's account and to take such action as it deems appropriate to prevent repeated breaches of these terms.

Client agrees to hold ZENROWS harmless from any claim, fine, penalty or sanction that ZENROWS may be required to bear because of Client's breach of any of the above usage rules, and ZENROWS reserves the right to seek damages.

5. OBLIGATIONS OF THE PARTIES

ZENROWS undertakes to provide the Platform and Services with the utmost care and to take all necessary measures, within its possibilities and the state of the art, to ensure their proper functioning.

Client undertakes to use the Services made available to him in good faith, without violating current legislation on any matter or infringing the rights of third parties, as well as to comply with the rest of the obligations in the time and manner established in this Agreement.

IN THE EVENT OF A BREACH OF ANY OF THESE TERMS OF USE BY CLIENT, ZENROWS RESERVES THE RIGHT TO BLOCK ACCESS TO THE SERVICES, IN WHOLE OR IN PART, TEMPORARILY OR PERMANENTLY, WITHOUT GIVING ANY COMPENSATION OR REFUND AND WITHOUT LOSING ANY CLAIM AGAINST CLIENT.

Client's activity carried out through the ZENROWS’ Platform is confidential. ZENROWS does not, under any circumstances, use or share the Client's service data, website traffic, or any other data and information.

6. INTELLECTUAL PROPERTY

ZENROWS owns all right, tittle, and interest, including all intellectual or industrial property rights in the Platform (software and related applications) and all content, including, but not limited to, all content included as part of the Services, trademarks, copyright, source and object code, designs, interfaces, text, images, video or any other material, derivative rights, as well as the architecture, and content’s organisation.

7. DATA PROTECTION

Any personal data provided by the Client in the course of using the Services will be treated in accordance with the Privacy Policy.

8. LIMITATION OF LIABILITY

ZENROWS’ Services are used is at Client's sole risk. Client is solely responsible for its decisions and use of the information provided as part of the Services. ZENROWS does not guarantee Client any specific results from the use of the Services.

ZENROWS does not guarantee that the availability of the Services will be continuous and uninterrupted, as the Services may experience difficulties due to circumstances caused by Internet network problems, computer equipment failures, and other unforeseeable circumstances. Client agrees to bear within reasonable limits such circumstances within reasonable limits and therefore expressly disclaims any contractual or extra-contractual liability of ZENROWS for any failures, errors, and use of the Service.

THE SERVICES, THE PLATFORM AND THEIR CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS OF ANY KIND. ZENROWS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, SECURITY, ERROR-FREE NATURE, OR ACCURACY OF THE SERVICES, PLATFORM, OR THE CONTENT THEREIN. FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, THERE ARE NO WARRANTIES (EXPRESS OR IMPLIED), INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.

In addition, Client agrees to hold ZENROWS harmless from all liability arising out of or because of:

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

ZENROWS reserves the right, at its own or a third-party's request, to deny, withdraw/block access to the Services and/or the Platform without notice to Clients who fail to comply with this Agreement.

Client accepts that the data or URLs extracted are obtained from automated searches of other databases and other information circulating on the Internet. Consequently, ZENROWS does not control the relevance, truthfulness, OR accuracy of all the data extracted and is not responsible for any information that is not accurate, truthful, updated or any information that is derived from an error of the source from which such information was extracted.

ZENROWS will pursue violations of this Agreement and any misuse of the Platform and reserves the right to pursue all civil and criminal remedies available to it.

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

Indirect damages, lost profits, consequential damages, or opportunity costs shall not be subject to a claim. This limitation shall not apply if ZENROWS has been guilty of fraud or gross negligence in the performance of the Services that are the subject of this Agreement.

9. MODIFICATIONS

ZENROWS reserves the right to change these Terms of Use at any time without notice. Such modifications will be effective on the date posted on the Website or, if applicable, on the date indicated to you.

ZENROWS will notify you of any changes and the effective date, and you may stop using the Services in accordance with the new version.

In any event, your continued use of the ZENROWS Services will constitute your acceptance of the changes to the Agreement.

10. INCIDENTS AND CONTACT

In case of queries or claims, Client may send an email to the following address: success[at]zenrows.com.

In case Client discovers any defect or error in the Services, Client may contact ZENROWS, indicating the defects/errors discovered and attaching graphic evidence of them. ZENROWS, after analysing the specific case, will communicate to the Client the steps to resolve problems found.

11. LANGUAGE; GOVERNING LAW AND JURISDICTION

For all purposes, the English language version of this Agreement shall be the original and governing document between the parties. In the event of any inconsistency between this English language version of the Agreement and any subsequent translation into another language, the English language version shall govern.

This Agreement and its performance shall be governed by and construed in accordance with the laws of Spain, except as otherwise provided by law.

In the event of any dispute regarding the interpretation or application of these Terms of Use, the parties shall negotiate in good faith in an attempt to resolve such dispute or claim.