EFFECTIVE DATE: June 2, 2023
THESE TERMS OF SERVICE (“TERMS”) CONSTITUTE A CONTRACT BETWEEN YOU AND ZYTE AND GOVERN THE USE OF AND ACCESS TO THE SERVICE AND SITE BY YOU AND YOUR AGENTS WHETHER IN CONNECTION WITH A PAID SUBSCRIPTION TO THE SERVICE, BETA TESTING, FREE TRIAL, OR ANY OTHER USE OF THE SERVICE.
By accepting these Terms, or by accessing or using the Service and/or Site, or authorizing or permitting any Agent to access or use the Service, You represent that You have read, understood, and agree to be bound by these Terms. If You are entering into these Terms on behalf of a company, organization or another legal entity (an “Entity”), You are agreeing to these Terms for that Entity and representing to Zyte that You have the authority to bind such Entity and its Affiliates to these Terms and all applicable laws, in which case the terms “Subscriber,” “You,” “Your” or related capitalized terms herein shall refer to such Entity and its Affiliates. If You do not have such authority, or if You do not agree with these Terms, You must not accept these Terms and may not use the Service.
When used in these Terms with the initial letter capitalized, in addition to the terms defined elsewhere in these Terms, the following terms have the following meanings:
Account: means any accounts created by or on behalf of Subscriber or its Agents within the Service.
Actions: means Zyte API features that manage page navigation patterns.
Affiliate: means, with respect to a Party, any entity that directly or indirectly controls, is controlled by, or is under common control with such Party, whereby “control” (including, with correlative meaning, the terms “controlled by” and “under common control”) means the possession, directly or indirectly, of the power to direct, or cause the direction of the management and policies of such person or Entity, whether through the ownership of voting securities, by contract, or otherwise.
Agent: means an individual authorized to use the Service through Your Account as an agent and/or administrator as identified through a unique login.
Agreement: means any of Our generated service invoices, statements of work, contracts, or agreements executed or approved by You with respect to Your subscription to a Service, which may detail, among other things, the Service Plan applicable to Your subscription to the Service.
API: means the application programming interfaces developed and enabled by Zyte that permits You to access certain data provided by the Service. API documentation can be found at: https://docs.zyte.com.
Beta Program: means a testing program of new features and/or any other beta that Zyte may offer from time to time. The duration and fees related to a Beta Program are at Zyte’s discretion.
Confidential Information: means all information (in written, graphic, oral or other tangible or intangible form) disclosed by a Party which a reasonable person would understand to be confidential given the nature of the information and circumstances of disclosure, including, but not limited to information relating to security policies and procedures, any scientific or technical information, invention, design, device, process, compilation of information, record, specification, procedure, formula, improvement, technology, code, software code, hardware or method, any concepts, reports, data, know how, works in progress, product developments, designs, development tools, specifications, computer software, source code, object code, flow charts, databases, inventions, financial information, customer information, and trade secrets shall be deemed Confidential Information. Notwithstanding the foregoing, Confidential Information shall not include information that (a) was already known to the receiving Party at the time of disclosure by the disclosing Party; (b) is or becomes generally available to the public other than by violation of these Terms or another valid agreement between the Parties; (c) was or is independently developed the receiving Party without use of the disclosing Party’s Confidential Information; or (d) is required to be disclosed pursuant to a valid court order, so long as it is disclosed under seal.
Data Protection Law: means all legislation and regulations relating to the protection of personal data, including (without limitation), the Data Protection Acts 1988-2018, as amended, revised, modified or replaced from time to time; the General Data Protection Regulation (Regulation (EU) 2016/679); and all other statutory instruments, industry guidelines (whether statutory or non-statutory) or codes of practice or guidance issued by a relevant Data Protection Commissioner relating to the processing of personal data or privacy or any amendments and re-enactments thereof.
Feed or Feeds: means the data provided by Zyte to You from a specific website, webpage, served through HTTP/S protocols, or subsection thereof under the applicable Data on Demand Service or Zyte Data Agreement.
Interactions: means the Zyte API scripting interface.
Party: means any party to these Terms, including You, Your Agents, and/or Zyte.
Personal Data: means personal data as defined under the applicable Data Protection Law.
Platform: means any platform or software service provided to You by Zyte which You sign up to online through the self-service sign up functionality on the Site, including, but not limited to, online sign ups to Zyte Smart Proxy Manager, Scrapy Cloud, Portia, Splash, Zyte Automatic Extraction API, Smart Browser, and Zyte API. This definition excludes any professional services or data services, such as Data on Demand.
Process: means any operation or set of operations performed upon Personal Data, whether or not by automatic means, as defined in the applicable Data Protection Law. "Processes" and"Processing" shall be construed accordingly.
Scrapy Cloud: means the Zyte Scrapy Cloud service, and the applicable Software, Service Data, updates, and documentation associated therewith. API documentation can be found at: https://docs.zyte.com/scrapy-cloud.html.
Screenshots: means the Zyte API feature that allows You to capture a screenshot of the content on a webpage.
Service or Services: means any service provided to You by Zyte, as applicable, that You have purchased or to which You have subscribed, whether made available to You on a trial, beta, free, or paid basis. Services include, but are not limited to Scrapy Cloud, Zyte Smart Proxy Manager, Portia, Data on Demand, data Feed delivery, data Feed production, Zyte Automatic Extraction API, Zyte API, Smart Browser, Splash, and any other Data or Software offerings provided to You by Zyte.
Service Data: means all data extracted from any website by You or Your Agents through a Zyte Service, including Screenshots and data received through web scraping or crawling, software or platform services, API, or other mechanisms through the Service.
Service Plan(s): means the service plan(s), functionality, and services associated therewith for the Service, as applicable, to which You subscribe.
Site: means www.zyte.com, as well as any other websites that Zyte operates.
Smart Browser: means the Smart Browser application programming interface developed and enabled by Zyte that permits You to access certain data provided by the Service. API documentation can be found at: https://docs.zyte.com/zyte-api/get-started.html
Software: means software provided to You by Zyte (either by download or access through the internet) that allows You or Your Agents to use any function in connection with the applicable Service.
Splash: means the Zyte Splash service, and the applicable Software, Service Data, updates, and documentation associated therewith.
Subscription Term: means the period during which You have agreed to subscribe to the Zyte Service.
“We,” “Us” or “Our”: means Zyte.
“You”,“Your” or “Subscriber” means the individual, legal entity or their Affiliate licensing the Software or using Our Service.
Zyte: means Zyte Group Limited (formerly Scraping Hub Limited), an Irish limited company with the registered company number 492771, its subsidiaries, Affiliates, or any of its successors or assignees.
Zyte Automatic Extraction API: means the Zyte Automatic Extraction application programming interface developed and enabled by Zyte that permits You to access certain data provided by the Service. API documentation can be found at: https://docs.zyte.com/automatic-extraction.html.
Zyte API: means the Zyte API application programming interface developed and enabled by Zyte that permits You to access certain data provided by the Service. API documentation can be found at: https://docs.zyte.com/zyte-api/get-started.html.
Zyte Data: means the Zyte Data offering, including Data on Demand and Data as a Service, and the applicable Software, data, updates, and documentation associated therewith.
Zyte Smart Proxy Manager: means the Zyte Smart Proxy Manager service, and the applicable Software, Service Data, updates, and documentation associated therewith. API documentation can be found at: https://docs.zyte.com/smart-proxy-manager.html.