Terms and conditions of use
1 – PREAMBLE
1.1. CROSSSHOPPER is a software publishing company. It has developed “SCRAPINGBOT “, an API allowing companies to collect and analyse data from websites in accordance with current legislation.
1.2. Only professionals may use SCRAPINGBOT’s functionalities.
1.3. Subscription to and use of SCRAPINGBOT implies adherence to the rules set out in these general terms and conditions of use.
1.4. SCRAPINGBOT is published by SAS CROSSSHOPPER, with a share capital of €7,898.20, registered with the Montpellier Company and trade register under number 830 278 883, whose registered office is located at 177 BIS AVENUE LOUIS LUMIÈRE VIA INNOVA PARC D’ACTIVITÉS ESPACE LUNEL LITTORAL 34400 LUNEL.
2 – DEFINITIONS
- API: or Application Programming Interface: a set of data accessible via third-party software. Here the API also defines the SCRAPINGBOT API and the Prestashop module derived from the API
- CROSSSHOPPER: company that owns the website www.scraping-bot.io and publishes the SCRAPINGBOT API.
- GENERAL TERMS AND CONDITIONS: these are the present general terms and conditions accepted online by the LICENCE HOLDER.
- LICENCE: set of rights granted by the copyright holder (CROSSSHOPPER) on the SCRAPINGBOT API defining the conditions under which it can be used.
- APPLICATION-BASED SERVICE(S): Service available online on subscription, allowing the use of the API whose hosting, management and maintenance is provided by CROSSSHOPPER.
- Website: set of organised pages intended to be distributed on the web under the same domain name, in this case www.scraping-bot.io.
- Licence holder: beneficiary of the rights granted by CROSSSHOPPER under the LICENCE.
3 – OBJECT
The present general terms and conditions set forth herein, establish the terms and conditions under which CROSSSHOPPER provides the licence holder with a right to access the functionalities of the API (the LICENCE) and a right to use the related application-based services in accordance with the terms and conditions set forth hereafter.
4 – TECHNICAL PREREQUISITES
4.1. You acknowledge that you have been informed of all the technical prerequisites necessary for the proper functioning of the API
4.2. You acknowledge being informed that these prerequisites may change, especially for technical reasons. Should a change occur during the course of the contract, you will be informed beforehand.
5 – REGISTRATION
5.1. In order to use SCRAPINGBOT you must be either a natural person aged at least 18 years old with full and complete legal capacity acting in the scope of your professional activity, or be the legal representative of a legal entity empowered to enter into legally binding commitments, or the representative of an association.
5.2. SCRAPINGBOT is an API dedicated to professionals – i.e. any natural person acting for purposes within the scope of his commercial, industrial, craft or freelance activity – and to associations.
5.3. Upon registration, the user therefore acknowledges and accepts that the use of the services provided by SCRAPINGBOT is understood to exclude consumer rights. The user therefore expressly renounces the right to rely on them in the event of a dispute. At this stage and as a reminder, the consumer is defined by the preliminary article of the Consumer Code as “(…) any natural person who acts for purposes which do not fall within the scope of his commercial, industrial, craft or liberal activity.”
5.4. Any registration request may be denied should any of the required criteria are not met or if the registration appears to be contrary either directly or indirectly to public policy and morality or to any applicable law or regulations in force.
5.5. As a matter of law, you are required to demonstrate good faith in providing or filling in the data for this form. Article 1104 of the Civil Code states: “Contracts must be negotiated, concluded and executed in good faith. Such provision constitutes a matter of public policy.“
5.6. Should this information change after your registration, you must inform us as soon as the change occurs or make the necessary update yourself, from your administration console.
5.7. You are responsible for reviewing any changes you have requested from us and for notifying us of any content errors by emailing email@example.com.
5.8. In the absence of a formal request to rectify the content following an update, the update is deemed to comply with your requests.
5.9. By accepting these general terms and conditions, you expressly renounce to hold CROSSSHOPPER liable in any manner concerning possible damages related to incorrect information provided in the registration form which has not been reported to us in accordance with the above.
5.10. Knowingly providing false information in the form constitutes grounds for deletion of your account and termination of the contract without notice or justification.
6 – ACCESS PROTECTION
6.1. Your account is accessible to any person who has your login and password or API key. You therefore undertake to keep them secret. You are solely responsible for their confidentiality.
6.2. If you lose them or if you suspect fraudulent use of your login and password or API key, you must notify us immediately at this email address firstname.lastname@example.org so that we can stop the fraudulent use of the account.
6.3. We are not responsible for the consequences that could result from the loss or theft of your login and password or API key if this loss or theft is not due to a fault committed by CROSSSHOPPER.
6.4. By accepting these general terms and conditions, you expressly renounce to hold us liable in any way concerning possible damages related to the loss, theft or hacking of this information when no fault can be attributed to CROSSSHOPPER.
7 – SERVICE SUSPENSION
7.1. The use of the PLC may be occasionally suspended to allow the interventions and maintenance necessary for its operation. If an intervention is envisaged, the LICENCE HOLDER shall be informed so that he/she can take any useful measure to avoid any disruption to his/her activity.
7.2. In the event of an extreme emergency, an urgent need, or if the security of the API, of the :third-party software using its functionalities or of the LICENCE HOLDER’s data is at stake, CROSSSHOPPER is exempted from its duty to provide pre-contract information, provided that CROSSSHOPPER provides all useful explanations after the intervention has been carried out.
7.3. CROSSSHOPPER cannot be held responsible for any consequences resulting from the unavailability of the API due to a maintenance operation or update of the services.
8 – MAINTENANCE AND ASSISTANCE
8.1. CROSSSHOPPER ensures the corrective and evolutionary maintenance of the PLC at no extra cost. The API maintenance can cause a temporary suspension of access to the associated services. CROSSSHOPPER ensures to correct as soon as possible the possible malfunctions which would affect the API and to make all the improvements which it would consider useful.
8.2. The LICENCE HOLDER benefits from the updates and functional developments of the API, without additional charge. Any modification made to the API is irrefutably presumed to be for the improvement of its operation and/or the extension of its functions. Corrections and developments of the API are therefore expressly subject to these GENERAL TERMS AND CONDITIONS and its annexes. CROSSSHOPPER undertakes to update and make readily available to the LICENCE HOLDER any information regarding such changes.
8.3. The LICENCE HOLDER shall not be able to reject any updates.
8.4. The LICENCE HOLDER may be required to proceed to new software configurations or adaptations to allow interfacing with the API following an update.
8.5. Corrections and evolutions of the API are expressly subject to these general terms and conditions. Interventions relating to this service may render the API services temporarily unavailable.
9 – LICENCE
9.1. LICENSE Payment of the subscription fee is the basis for obtaining and renewing the Licence.
9.2. The licence holder is therefore presumed to be the holder of the payment instrument used to pay for the LICENCE HOLDER.
9.3. CROSSSHOPPER grants the LICENCE HOLDER a licence which is solely valid for the duration of the subscription and which is exclusively intended to allow him to use the API and the associated services to the exclusion of any other purpose.
9.3. The LICENSEE grants a personal, non-exclusive, non-assignable and non-transferable right to use SCRAPINGBOT for the duration of the subscription and for the entire world.
9.4. right of use means the right to represent and use SCRAPINGBOT in accordance with its objectives.
9.5. Any other use of the API, in particular but not limited to adaptation, modification, translation, arrangement, distribution, decompiling, is prohibited except as provided by law.
9.6. The licence includes the LICENCE HOLDER’s right to access and use the API within the limits of the authorisations granted to him.
10 – LIMITATION OF LIABILITY
10.1. Access to www.scraping-bot.io requires an Internet connection. The performance level of your connection to this network depends on your subscriptions and equipment.
10.2. The Internet network is subject to possible interruptions and/or slowdowns in its operation.
10.3. Under these conditions, CROSSSHOPPER cannot guarantee the continued availability of the API.
10.4. CROSSSHOPPER uses security infrastructures, access control mechanisms in order to protect the data and the proper functioning of the API, however, the Internet exposes users to infection by computer viruses as well as malicious actions which may cause damage to the equipment and/or data of your organisation. You must therefore take great care to ensure that your equipment remains safe and secure.
10.5. By accepting these general terms and conditions, you renounce to hold CROSSSHOPPER responsible for this type of disturbances as long as they are not linked to a fault committed by CROSSSHOPPER.
10.6. Access to www.scraping-bot.io. or to some of its functionalities may be occasionally suspended to allow interventions and maintenance or updating necessary for the proper functioning of the website.
10.7. Should an intervention be considered, you will be informed by all available means.
10.8. CROSSSHOPPER cannot be held responsible for the possible consequences of the unavailability of the service(s) and the subscription remains due under the conditions initially agreed upon. (No reimbursement, compensation or payment of damages and interest possible in case of temporary unavailability of the site and/or services).
10.9. In case of proven fault by the LICENCE HOLDER, CROSSSHOPPER will only be held liable to compensate for the financial consequences of the direct and foreseeable damages resulting from the execution of the services offered by SCRAPINGBOT.
10.10. CROSSSHOPPER cannot be held liable for indirect or unforeseeable losses or damages to the LICENCE HOLDER or third parties such as, but not limited to, the following: any lost profit, total or partial loss, inaccuracy or partial or total corruption of files or data, commercial detriment, loss of revenues or profits, loss of customers, loss of opportunity, costs incurred to obtain substitute products, services or technology, in relation to or arising from the non-performance or faulty performance of the services.
10.11. In all cases, the amount of CROSSSHOPPER’s liability is strictly limited to the reimbursement of the amounts actually paid by the LICENCE HOLDER at the date of the event, up to a maximum amount not exceeding the last quarter of the rental period.
10.12. CROSSSHOPPER cannot be held responsible for the accidental destruction of the data by the LICENCE HOLDER or by a :third-party using the API thanks to the identifiers given to the LICENCE HOLDER.
11 – HOLD HARMLESS CLAUSE
11.1. CROSSSHOPPER warrants that it is the owner of all intellectual property rights to grant this licence.
11.2. On this basis, CROSSSHOPPER guarantees that the API cannot interfere with the rights of third parties.
12 – TERMS OF PAYMENT OF THE SUBSCRIPTION.
12.1. The use of the API is invoiced as indicated on the website in the “rates“section.
12.2. In accordance with article L441-6 of the French Commercial Code, the LICENCE HOLDER is hereby informed that in case of non-payment at the agreed term, CROSSSHOPPER will apply a late payment penalty equal to 3% of the legal interest rate, without requiring any formal notice.
12.3. Non-payment of an invoice at its due date also renders the total amount due by the LICENCE HOLDER immediately payable.
12.4. The LICENCE HOLDER is also liable for the payment of the lump sum indemnity relating to collection costs to be paid to the creditor in the event of late payment, in accordance with article 121-II of law n°2012-387 of 22 March 2012, set at €40 by decree n°2012-1115 of 2 October 2012. Rates are subject to revision on 1stJanuary of each year according to the SYNTEC index.
13 – ECONOMIC DEPENDENCY
13.1. Should you derive a profit from the services offered by www.SCRAPING-BOT.io such that it becomes essential to the smooth running of your business, or that it generates a situation of economic dependency towards CROSSSHOPPER, you should inform us without delay with regard to Articles L420-1 and following of the Commercial Code.
13.2. Failure to comply with this obligation shall de facto absolve us from liability should your account be deleted for any reason whatsoever and/or should you choose to assert, on the basis of economic dependence, that you suffered a sudden termination of the contractual relationship.
14 – COMPLIANCE OF THE USE OF SCRAPINGBOT WITH THE LAW
14.1. By subscribing to the services provided by SCRAPINGBOT, you agree to refrain from any use of the API contrary to the rules of law, public policy and morality. You acknowledge that you are fully informed that a website may expressly prohibit the use of such a solution and it is your responsibility to read the rules of operation for each website prior to taking advantage of the features provided by SCRAPINGBOT. In case of doubt about the agreement of the website involved in the scraping operation, you undertake to seek the required authorisations prior to using SCRAPINGBOT.
14.2. By accepting the general terms and conditions, you hereby agree to proceed strictly to the required legal verifications before using SCRAPINGBOT.
14.3. By accepting the present general terms and conditions, you release and guarantee CROSSSHOPPER against all the consequences which might arise from CROSSSHOPPER being called into question due to a use of SCRAPINGBOT which does not conform to the requirements laid down by the present binding general terms and conditions.
14.4. You are therefore expected to take all the technical, organisational and legal measures required to ensure that your operations comply with all the legal and regulatory provisions relating to the practice of “scraping” (or “content extraction”).
15 – PERSONAL DATA
15.1. By accepting these general terms and conditions, you acknowledge that CROSSSHOPPER will not process personal data in your name and/or on your behalf.
15.2. However, CROSSSHOPPER provides, via this contract, access to the functionality of SCRAPINGBOT, thereby potentially allowing it to do so. The present provisions thus set out the responsibilities of CROSSSHOPPER and the LICENCE HOLDER with regard to all legal provisions concerning the protection of personal data in order to inform the persons concerned by the collection and processing of their data.
15.3. The LICENCE HOLDER declares and accepts:
- that he is the sole party to determine the purposes and means relating to the processing of personal data.
- that he is and remains the sole party responsible for the data processing carried out (within the meaning of the RGPD).
- that he alone assumes all legal consequences relating directly or indirectly to disputes, litigation and/or liability commitments relating to the processing of personal data.
- that he is the sole party to determine the purposes and means relating to the processing of personal data.
15.4. The LICENCE HOLDER is fully responsible for and guarantees, at first request, CROSSHOPPER from all legal and financial consequences that could directly or indirectly affect it as a result of a violation of legal and/or regulatory obligations relating to the protection of personal data.
16 – PROTECTION OF PERSONAL DATA.
16.1. CROSSSHOPPER is responsible for the processing of personal data collected from the LICENCE HOLDER.
16.2. This data collection is carried out in compliance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (General Regulation on the Protection of Personal Data or GDPR).
16.3. The collection of personal data is carried out on the basis of articles 6.1.b and 6.1.c of the aforementioned GDPR.
16.4. In accordance with articles 15 to 22 of the GDPR, concerning the data that CROSSSHOPPER holds on you, subject to compliance with legal and regulatory provisions and contractual requirements, you are entitled to the following rights: right of access, right of rectification, right of deletion, right to limit processing, right of notification of rectifications, deletions, limitation, right to data portability, right of opposition, right not to be subject to profiling.
16.5. Outside the statutory time limits requiring a longer retention period, the personal data collected are kept for one year from the last actual rental.
16.6. If you wish to exercise your rights, please write to the following e-mail address: email@example.com. As part of such a request, we will ask you to provide proof of your identity in order to verify its accuracy.
17 – CHANGES TO THE GENERAL TERMS AND CONDITIONS
17.1. We may change our general terms and conditions and/or appendix(s). If this occurs, you will be informed and you will be asked to accept the changes before you can access your account and the services offered again.
17.2. If you do not respond within the time limit set, you hereby agree that by not responding within the time limit, you are deemed to have tacitly agreed to the new general terms and conditions.
17.3. If no validation of the new general terms and conditions occurs after 60 days following the request for acceptance, your account may be deleted.
18 – TERMINATION
18.1. You may decide at any time to terminate the subscription, subject to payment of the remaining sums due until the end of your current commitment.
18.2. CROSSSHOPPER may also terminate the present contract subject to 30 calendar days’ notice, starting from receipt of the email informing you of such termination.
19 – CROSSSHOPPER’S INTELLECTUAL PROPERTY RIGHTS.
19.1. Our website consists of numerous elements which generate rights in our favour. This includes, but is not limited to: graphics, images, texts, videos, animations, sounds, logos, gifs and icons as well as their formatting, etc. You may therefore not use them without our prior written authorisation.
19.2. Violation of this regulation is punished in particular by articles L.3335-2 and following of the Intellectual Property Code.
19.3. CROSSSHOPPER benefits from the “rights of database producers” referred to in Book III, Title IV, of the Intellectual Property Code (Law No. 98-536 of July 1, 1998) relating to copyright and databases and in particular the protection of Article L341-1 of the Intellectual Property Code providing that ” The database producer, understood as the person who takes the initiative and the risk of the corresponding investments, shall benefit from protection of the content of the database when the constitution, verification or presentation thereof attests to a substantial financial, material or human investment. This protection shall be independent and shall be without prejudice to the protection afforded by copyright or other rights in respect of the database or any of its constituent parts.
20 – FORCE MAJEURE
20.1. Any failure to comply with any of the obligations of these general terms and conditions caused by a case of force majeure, as defined in Article 1218 of the Civil Code will exonerate the parties from their liability.
20.2. If such an event occurs, the party prevented by the event from performing its service informs the other by any means as soon as possible.
20.3. The suspension of obligations or delay may in no case be a cause of liability for non-performance of the obligation in question, nor induce the payment of damages or penalties for delay.
21 – HANDLING OF DISPUTES
21.1. If a dispute arises during the course of the contract, you agree, in the same capacity as CROSSSHOPPER, to try to find an amicable solution to the dispute prior to any referral to a court.
21.2. If no agreement is reached within 60 days following the attempt at an amicable settlement, each party shall recover its right to take legal action.
21.3. To engage the civil liability of CROSSSHOPPER, you must act within one calendar year following the birth of the claim as allowed by Article 2254 of the Civil Code.
21.4. Only the courts present in the jurisdiction of the Court of Appeal of Montpellier may be seised of any dispute opposing us regardless of the location of your company.
21.5. In the event of a dispute, only the computer registers containing the record of exchanges between the parties, held by CROSSSHOPPER or its technical partners and kept in conditions that guarantee their integrity, shall be considered valid between the parties.
22 – MISCELLANEOUS
22.1. The nullity, the lapse, the absence of binding force or the unenforceability of one or any of the stipulations of the general terms and conditions does not entail nullity, lapse, absence of binding force or unenforceability of the other stipulations, which shall stay effective.
22.2. However, the parties may, by mutual agreement, agree to replace the invalidated stipulation(s).
22.3. The terms of these general terms and conditions, written in capital letters, refer to the definitions in Article 2.