Terms of Service
Last Update: 22 Oct 2014
Please read these Terms closely before subscribing and using shaman.io (the "Website").
Xamasoft SRLS may at any time modify these Terms, and your continued use of this Website and the Services (defined below) will be conditioned upon the terms and conditions in force at the time of your use. Your registration for, or use of, the Services shall be deemed to be your approval and execution of this Agreement including your covenant to abide by the Terms including those related to any materials available on the Website. For reference, a Definitions section is included at the end of these Terms. Capitalized terms not otherwise defined herein have the meaning set forth in that section.
Ownership of the Website
The Web Site shaman.io is property of the company di Xamasoft SRLS Vicolo San Francesco 5 Levico Terme, Trento, 38056 Italy.
You agree that your use of the technologies, tools, applications, and products made available from time to time on the Website (as further defined in these Terms and the Website, the “Services”) are used solely in conjunction with the extraction of data from publicly accessible websites (including sites which may require a user login). In all cases where copyrighted data may be included as part or all of the extracted data, you agree to comply with all copyright laws and rules covering such data including (but not limited to) the reproduction and resale of such data. You agree that Xamasoft SRLS will not be held responsible for legal liabilities incurred through the use or misuse of data obtained through the Services.
You are responsible for all activity occurring under your user account(s) and shall abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the Services, including those related to data privacy, international communications and the transmission of technical or personal data. You shall: (i) notify Xamasoft SRLS immediately of any unauthorized use of any password or account or any other known or suspected breach of security; (ii) report to Xamasoft SRLS immediately and use reasonable efforts to stop immediately any copying or distribution of Content or infringement caused by the Services that is known or suspected by you or your Users; and (iii) not impersonate another Website user or provide false identity information to gain access to or use the Services.
You acknowledge and agree that in order for Xamasoft SRLS to (among other things) maintain the integrity and dynamic nature of shaman.io Services. Your use of the Services is subject to these Terms, which may be modified by Xamasoft SRLS at any time and for any reason. You are strongly advised to check with regularity if these Terms are updated (see on top of the page the date of the last update for your convenience). In case you prefer to get notified if the terms are changed please write us in the contact form.
License Grant and Restrictions
Xamasoft SRLS hereby grants you a non-exclusive, non-transferable, right to use the Services, solely for your own internal purposes, subject to the Terms of this Agreement. All rights not expressly granted to you, are reserved by Xamasoft SRLS and its licensors.
You may not access the Services if you are a direct competitor of the Xamasoft SRLS, except with Xamasoft SRLS prior written consent. In addition, you may not access the Services for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes. Any action of this kind is likely to result in serious harm to Xamasoft SRLS for which you agree that Xamasoft SRLS will be entitled to immediate injunctive relief together with other legal and equitable remedies.
You shall not (i) license, sublicense, sell, resell, transfer, assign or distribute the Services in any way other than as permitted in writing by Xamasoft SRLS; (ii) modify or make derivative works based upon the Services; (iii) create Internet "links" to the Services or "frame" or "mirror" any content of the Website or the Services on any other server or wireless or Internet-based device; or (iv) modify, reverse engineer, decompile, disassemble or access any computer code relating to the Services in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Services, or (c) copy any ideas, features, functions or graphics of the Services.
Relation with target websites and other online data sources
As a service provider, in the event that you have a dispute with targeted datasource (scraping target websites) in relation to the use (or misuse) of any of the Services, you release the Website (and Xamasoft SRLS and our officers, directors, agents, subsidiaries, joint ventures, employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Use of website and other online data
The Website allows you and other users to import, post, publish, create new applications based on, and otherwise use data from third party websites and other sources. This data is referred to herein as "User Content".
You are solely responsible for User Content and the consequences of Xamasoft SRLS or any third party importing, posting, publishing, creating new applications based on, and otherwise using such User Content. In connection with any such User Content, you affirm, represent, and/or warrant that you own or have the necessary licenses, rights, consents, and permissions related to the User Content and its use by you, Xamasoft SRLS, and any other third party
In connection with User Content, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Xamasoft SRLS and shaman.io all of the rights and licenses granted herein; (ii) publish falsehoods or misrepresentations that could damage Xamasoft SRLS, or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business; or (v) impersonate another person. Xamasoft SRLS does not endorse any User Content or any data, opinion, recommendation, or advice expressed therein, and it expressly disclaims any and all liability in connection with any User Content. Xamasoft SRLS and the Website does not permit copyright infringing activities or infringement of intellectual property rights on the Website, and will remove all Content and User Content if properly notified that such Content or User Content infringes on another's intellectual property rights. Xamasoft SRLS may remove or choose not to publish any Content or User Content without prior notice. Xamasoft SRLS may also terminate your access to the Website, if you are determined to be a repeat infringer. A repeat infringer is anyone who has been notified of infringing activity more than once and/or has had any User Content removed from the Website more than twice. Xamasoft SRLS also reserves the right to decide whether Content or User Content is appropriate and complies with this Agreement for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material. Xamasoft SRLS may remove or choose not to publish any such User Content and/or terminate your access for uploading such material in violation of this Agreement at any time, without prior notice and at its sole discretion.
The content of any link and third party website content does not imply by Xamasoft SRLS endorsement, sharing or acceptance of all the contents of any linked site or any products or services described on these sites. The inclusion of any link, by Xamasoft SRLS, does not imply any association with the owners of the linked sites.
Legal Disclaimer and Warning
Xamasoft SRLS may immediately suspend your use of the Services if it is contacted by your chosen data extraction source, website, target or repository and asked to cease all extraction activity. If such an event occurs, Xamasoft SRLS will not disclose your information without a court order mandating it to do so. If however Xamasoft SRLS receives a court order demanding the release of your information to a third party, it will comply. If such action becomes necessary, you agree to indemnify and hold Xamasoft SRLS and (as applicable) its parent(s), subsidiaries, affiliates, officers, directors, agents, contractors and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party arising from any complaint, suit, disagreement or other repercussions resulting from your use of the Services.
Xamasoft SRLS strictly prohibits using any shaman.io Services or products: (i) to generate fraudulent impressions of or fraudulent clicks on your ad(s) or third-party ad(s) through any automated, deceptive, fraudulent or other invalid means, including but not limited to through repeated manual clicks, the use of robots, agents or other automated query tools and/or computer generated search requests, and/or the unauthorized use of other search engine optimization services and/or software; (ii) to extract data that are illegal in any state or country where you reside; (iii) to engage in any other illegal or fraudulent business practice under the laws of any state or country where you reside; (iv) to extract data from adult or pornographic websites, gambling or casino-related websites, hate-related websites, websites that promote violence, or drug-related websites; or (v) engage in any action or practice that reflects poorly on the Website or otherwise disparages or devalues shaman.io and Xamasoft SRLS’s reputation or goodwill. Violation of these policies may result in immediate termination of your use of the Services and the Website without notice, and may subject you to state and federal penalties and other legal consequences.
Account Information and Data
Xamasoft SRLS does not own any data, information or material that you submit to the Services in the course of using the Services ("Customer Data") and may not use or disclose Customer Data other than (a) to comply with law or comply with legal process, (b) to protect and defend Xamasoft SRLS’s rights or the rights of shaman.io’s Customers and third parties, or (c) to avoid liability or the liability of shaman.io Customer's or third parties. Xamasoft SRLS may gather and use any information describing the habits, usage patterns or demographics relating to any Customer Data. You, not Xamasoft SRLS, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all Customer Data, and Xamasoft SRLS shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Customer Data.
Intellectual Property Ownership
Xamasoft SRLS alone (and its licensors, where applicable) shall own all right, title and interest, including all related Intellectual Property Rights, in and to the shaman.io Technology and the Services in addition to any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Services. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Services, the shaman.io Technology or the Intellectual Property Rights owned by Xamasoft SRLS, except as expressly set forth herein. The shaman.io name, the shaman.io logo, and the product names associated with the Services are trademarks of Xamasoft SRLS or third parties, and no right or license is granted to use them.
Termination and Cancellation
You may cancel your subscription at any time but shall remain liable and be immediately charged for your use of the Services up to the date of cancellation. Un-cancelled accounts will not receive a refund for lack of use. It’s your responsibility to cancel your account before the bill date if you do not want to be charged. No refunds will be given for un-used page credits or remaining monthly page downloads at time of cancellation. Xamasoft SRLS may at any time terminate your use of the Services or cancel any subscription(s) or your use of any subscription. Except as set forth above or unless Xamasoft SRLS has previously canceled or terminated your use of the Services (in which case subsequent notice by Xamasoft SRLS shall not be required), Xamasoft SRLS will notify you via email of any such termination or cancellation, which shall be effective immediately. Upon cancellation of any subscription or termination or expiration of this Agreement for any reason, (i) you shall remain liable for any amount due for subscriptions already delivered through the date such cancellation or termination takes effect, and (ii) the "Prohibited Uses" and each section of these Terms thereafter shall survive expiration or termination.
During the term of your use of the Services and for a period of two (2) years following the termination or expiration of your subscription, each party agrees not to disclose Confidential Information of the other party to any third party without prior written consent except as provided herein. "Confidential Information" includes (i) subscriptions, including their definition and content, (ii) except as provided in subsection (i) above, any other Services information or access to technology prior to public disclosure provided by Xamasoft SRLS to you and identified at the time of disclosure in writing as "Confidential." Confidential Information does not include information that has become publicly known through no breach by a party, or has been (i) independently developed without access to the other party's Confidential Information; (ii) rightfully received from a third party; or (iii) required to be disclosed by law or by a governmental authority. Nothing in these Terms shall prohibit or limit either party's use or disclosure of the taxation authorities in Italy of any transaction contemplated by these Terms and all materials of any kind (including opinions or other tax analyses) that are provided to it relating to such tax treatment or tax structure, except where confidentiality is necessary to comply with applicable laws.
You hereby grant Xamasoft SRLS the limited right to use your trademarks, servicemarks and other information identifiable to you for the purpose of representing to third parties that you use the Website and/or Services.
Xamasoft SRLS makes no guarantee regarding the extraction, importation, publishing, storage, or delivery timeliness of data defined within the scope of a subscription.
Xamasoft SRLS makes no representation, warranty, or guaranty as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of the services or any content. xamasoft srls does not represent or warrant that (a) the use of the services will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data, (b) the services will meet your requirements or expectations, (c) any stored data will be accurate or reliable, (d) the quality of any products, services, information, or other material purchased or obtained by you through the services will meet your requirements or expectations, (e) errors or defects will be corrected, or (f) the services or the server(s) that make the services available are free of viruses or other harmful components. the services and all content is provided to you strictly on an "as is" basis. all conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby disclaimed to the maximum extent permitted by applicable law by Xamasoft SRLS.
Limitation of Liability and Force Majeure
Except for any indemnification and confidentiality obligations hereunder, (i) in no event shall either party be liable under these terms for any consequential, special, indirect, exemplary, or punitive damages whether in contract, tort or any other legal theory, even if such party has been advised of the possibility of such damages and notwithstanding any failure of essential purpose of any limited remedy and (ii) Xamasoft SRLS’s aggregate liability to you under this agreement for any claim is limited to the amount paid to Xamasoft SRLS by you for the services giving rise to the claim. Each party acknowledges that the other party has agreed to these Terms relying on the limitations of liability stated herein and that those limitations are an essential basis of the bargain between the parties. Without limiting the foregoing and except for payment obligations, neither party shall have any liability for any failure or delay resulting from any condition beyond the reasonable control of such party, including but not limited to governmental action or acts of terrorism, earthquake or other acts of God, labor conditions, and power failures.
Shaman.io’s Services may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications. Xamasoft SRLS is not responsible for any delays, delivery failures, or other damage resulting from such problems.
Payment and Refunds
You agree to pay all applicable charges under these Terms, including any applicable taxes or charges imposed by any government entity, and that Xamasoft SRLS may change its pricing at any time. There are no refunds for payments made once service has been rendered. If you dispute any charge made for your use of the Services, you must notify Xamasoft SRLS in writing within fifteen (15) days of any such charge; failure to so notify Xamasoft SRLS shall result in the waiver by you of any claim relating to any such disputed charge. Charges shall be calculated solely based on invoicing records maintained by Xamasoft SRLS for purposes of billing. No other measurements or statistics of any kind shall be accepted by Xamasoft SRLS or have any effect under these Terms.
Representations and Warranties
You represent and warrant that (a) all of the information provided by you to Xamasoft SRLS to use the Services is correct and current and that that you have not falsely identified yourself nor provided any false information to gain access to the Services and that your billing information is correct.
Your obligation to Indemnify
You agree to indemnify, defend and hold Xamasoft SRLS, its agents, affiliates, subsidiaries, directors, officers, employees, and applicable third parties (e.g., all relevant Partner(s), licensors, licensees, consultants and contractors) ("Indemnified Person(s)") harmless from and against any third party claim, liability, loss, and expense (including damage awards, settlement amounts, and reasonable legal fees), brought against any Indemnified Person(s), arising out of your use of the Services and/or your breach of any of these Terms. You acknowledge and agree that each Indemnified Person has the right to assert and enforce its rights under this Section directly on its own behalf as a third party beneficiary.
You will be responsible for all reasonable expenses (including attorneys' fees) incurred by Xamasoft SRLS in collecting unpaid amounts under these Terms. These Terms shall be governed by the Italian laws, except for its conflicts of laws principles. Any dispute or claim arising out of or in connection with these Terms shall be adjudicated in Trento Count, in Italy. Each party hereto is duly authorized to enter into and agree to these Terms and perform its obligations hereunder. Any modifications to these Terms must be made in a writing approved by Xamasoft SRLS and executed by both parties. Unless otherwise expressly set forth herein, any notices shall be sent to (a) in Xamasoft SRLS mailbox at the following address: Vicolo San Francesco 5, Levico Terme (Trento), Italy and (b) in your case, to the address then on record with Xamasoft SRLS for your account. Notice shall be given via first class or air mail or overnight courier, and such notice shall be deemed given upon receipt. The waiver of any breach or default of these Terms will not constitute a waiver of any subsequent breach or default. If any provision herein is held unenforceable, then such provision will be modified to reflect the parties' intention, and the remaining provisions of these Terms will remain in full force and effect. Customer may not resell, assign, or transfer any of its rights hereunder. Any such attempt may result in termination of these Terms, without liability to Xamasoft SRLS. This Agreement shall be construed as if both parties jointly wrote it.