|Version||Published on||Effective until|
|February 28, 2021||September 30, 2022|
Apify Technologies s.r.o., with its registered seat at Štěpánská 704/61, 110 00 Prague 1, Czech Republic, Company reg. no. 04788290, recorded in the Commercial Register kept by the Municipal Court of Prague, File No.: C 253224 (hereinafter referred to as “we” or the “Provider”) welcomes you (hereinafter referred to as “you” or the “User”) on our website apify.com (hereinafter referred to as the “Website”). These terms and conditions of use (hereinafter referred to as the “Terms”) shall govern your access to the Website, its use, and use of the Platform and the Services (as defined below).
1. Acceptance of
2. Our Services
By means of our Website or by other means, we enable you to use the computer platform “Apify” (hereinafter referred to as the “Platform”) and some other services and functions (hereinafter referred to as the “Services”).
The Platform is a computer system operated by the Provider, remote access to which is available by means of servers within the apify.com domain or other domains (so-called “cloud system”). In addition to other things, the Platform makes it possible to:
- Automate manual activities and processes on the web (e.g. filling-in forms, accessing, collecting, processing or publishing data);
- Create, run, amend, and publish software programs and applications;
- Provide servers for remote access to other servers (so-called ”proxy servers” or “proxies”);
- Publish a public user profile, including data.
Our other Services also include:
- Creation and adjustment of the Platform configuration and configuration of software programs or applications running on the Platform, for example the so-called “Actors”, according to your instructions, for instance, in order to automate manual activities and processes specified by you on the websites designated by you (hereinafter referred to as the “Custom Solution”). The Actors are serverless cloud programs running on the Platform responsible for performing arbitrary computing tasks such as sending an email or accessing a website. The Actors can be started manually, using our API or a scheduler and can be easily integrated with other apps;
- Technical assistance to users with respect to the use of the Platform;
- Switching the Custom Solution or applications running on the Platform on or off whether manually or automatically.
You may select from the following basic options of provision of Apify Services:
- ready-made, which means Apify Store;
- custom-made, which means Apify Freelancers or Apify for Enterprise.
On the basis of Apify Services provided to you, you will receive a computer program created in accordance with your specifications and requirements. Please note that you are solely responsible for providing accurate, proper and correct specifications and requirements that are in accordance with your preferences and the applicable law.
Apify Store enables you to pick one of the pre-developed and ready-made Actors for your project. Please note that anyone may upload any Actor or other content on Apify Store without our knowledge, control or involvement and that, as a result, we assume no responsibility or liability for such Actors or other content uploaded by other parties, and such Actors or other content cannot be considered as part of Apify Services.
Apify Freelancers enables you to get a custom solution from Apify-approved external developers. You shall submit your project and our developers shall make a proposal. You shall be then in close contact with the selected developer to ensure everything stays on track and your solution is delivered successfully. Apify Freelancers is best suited for small or medium-size projects where we provide you with limited support. It is not possible to enter into custom agreements within the scope of Apify Freelancers, however all developers are contracted under non-disclosure agreement (NDA) with us to ensure the highest level of confidentiality for your solution.
Apify for Enterprise enables you to get a custom solution from Apify. Apify for Enterprise is best suited for large-scale projects with full support. You shall be provided with a dedicated Apify account manager and based on your subscription to Apify for Enterprise, you shall enter into a Service-level agreement with us to ensure results will be achieved at the required time and quality. If needed, it is possible to enter into custom agreements within the scope of Apify for Enterprise.
Furthermore, we offer a partnership program which (i) enables developers to team up with the Platform and offer advanced software solutions and services to customers and (ii) allows us to refer customers to our partners who are able to provide them with requested services and Actors operated on the Platform.
Some functions of the Platform as well as some other Services may be used free of charge upon registration on the Website (i.e. upon clicking “Sign up”). Use of other functions of the Platform and Services within the expanded Custom Solution is available after payment as is managed by these Terms and by the terms stipulated on the Website.
3. User Account
Upon registration on the Website, a user account shall be created for you. During Sign-up as well as at any later time you use the account and/or communicate with us, you are obliged to provide us with accurate and true data. Should any of the identification information be amended in the future, your obligation is to update such information in the Platform or in your user account without undue delay. You are also obliged to protect the login details of your account and to prevent any third parties from using your account. We shall not be liable for any misuse of your account due to the breach of the aforementioned obligations. Moreover, we shall be authorized to block your account or delete it completely including all the data provided therein; you agree that such action shall be followed by no compensation. The breach hereof with the consequences as stipulated in the sentence above shall mean, in addition to other cases when you create (directly or by means of a third party) multiple user accounts (even for the use of various email addresses); unless otherwise agreed by us in writing (i.e. also by email), each user may create and use one user account at the most.
You shall: (i) notify us immediately of any unauthorized use of any password or account or any other known or suspected breach of security; (ii) report to us immediately and use reasonable efforts to stop immediately any copying or distribution of content or infringement of our Platform, Website, Custom Solutions and/or Services that is known or suspected by you; and (iii) not impersonate our another user or provide false identity information to gain access to or use the Platform, Website, Custom Solutions or Services.
4. License and Copyright
You acknowledge that our Website, the Platform (and software and applications associated therewith) and Services provided by us are protected by Act No. 121/2000 Sb., on Copyright and on Related Rights and on Amendments to Certain Acts (the Copyright Act), as amended, and by other related legal regulations (hereinafter referred to as the “Copyright Act” or the “Copyright”). We alone shall own all right, title and interest, including all intellectual property rights to the Website, Platform and other Services (or any outcome of such Services) within the maximum scope admissible by law (except for the rights that we exercise in compliance with a license granted to us by third parties). Furthermore, we shall own any suggestions, ideas, enhancement requests, feedback, recommendations or other information related to the Website, Platform, and other Services. You acknowledge that any use of the software, systems, and functionalities of third parties available on the Website or the Platform shall be governed by special license terms of owners of the relevant copyright or open-source licenses that you must adhere to (by using the relevant software, system or functionality, you confirm to have been familiarized and agree with the license terms of the relevant third parties). Should you breach any of those terms, we shall not be liable for any such action.
In order to use the Website, Platform or Services provided by us, we provide you with a non-exclusive license without territorial restriction (i.e. worldwide license). Within the scope of the license, you may use the Website or the Platform in their unchanged form (excluding the amendments, modifications, and updates of the Website or the Platform performed by us) for the purpose for which the Website or the Platform has been designed (as defined in Article 2 hereof) and in the manner and within the scope of these Terms. We shall grant you the license exclusively for the use of the Website and the Platform on our servers, or the servers maintained by us or designed for such purpose (e.g. Amazon Web Services).
Within the license you may not modify, adjust or connect the Website or the Platform (or any parts of it whatsoever) or its name with any other copyrighted work or use it in a collective work. Your right to use the Website and the Platform in compliance herewith and within the scope of their common functionality (i.e. to create your own work within their scope, e.g. the Custom Solution) shall not be affected. Furthermore, you may not create any reproductions of the Website or the Platform (or any parts of it whatsoever), of our software, and of applications (in any form), or to disseminate them except such parts of them that are open-source (i.e. so-called free license). You may not provide the license as a whole or any authorizations forming the part thereof wholly or partially to a third person (to provide a sub-license) and neither may you assign any rights and obligations arising from the license.
The provided license or the Terms shall not transfer any of our intellectual property rights to you (including the rights to trade-marks or brands or names). We neither provide you with any other license than the license specified explicitly hereby.
Should you breach these Terms in any way or had you breached them in the past, we may reject or disable your license provision, use of the Website, Platform or other Services.
You may use the Platform and other Services solely for the purposes of automating manual activities or processes on publicly accessible websites (including websites that may require the user's login) or for other purposes you are authorized to. The Platform or Services functionalities may be used solely on such publicly accessible websites or other sources where their use (including automated activities and processes) is permitted explicitly or where you are authorized to do so. Should you instruct us to use the Platform or the Services on certain publicly accessible websites or other sources and to subsequently send you the acquired content, you hereby declare and guarantee that use of the functionalities of the Platform and/or Services as well as the automated activities and processes on such websites is expressly permitted or authorized to you. Should the content be composed of any sensitive data, confidential data or data protected by the Copyright or by other intellectual property right or any third-party right, you must not breach such rights by using the Platform or the Service in any way. Should you breach this prohibition, or should you use the Platform or Service functionalities directly or by means of our company on websites or other sources that do not permit their use, you shall be fully liable for such a breach and solely responsible for compensation of any damages incurred by and/or any claims of the affected third parties; we shall not be liable for any breach of third-party rights with respect to the usage of the Website, Platform or any Services.
You may not take any actions which could lead to unauthorized use of the Platform or the Services. The actions you are not authorized to take include, but are not limited to, the circumvention, elimination or limitation of any mechanisms possibly serving to the protection of our rights or of any information with respect to the Copyright to the Platform (e.g. our logo or any other designation).
You may not allow any third parties to use and/or access the Platform or Services by using your user account. Use of the Platform and Services shall only be possible on the grounds of the license provided by us hereunder. Should you take such unauthorized actions, you agree to compensate us for any damages incurred by us in this respect.
Some parts of our Website, Platform or Services may enable you to upload and/or store different types of data (e.g. computer programs, videos, documents, etc.). You acknowledge and agree to ensure that uploading or storing of such data shall not violate intellectual property or any other rights of third parties as well as applicable legislation, including the Copyright Act.
Furthermore, during the use of the Website, Platform (or any of its functionalities) and the Services you may not:
- Use them in a manner likely to unreasonably limit usage by our other customers, including but not limited to burdening the server on which the Platform is located by automated requests outside the interface designed for such a purpose;
- Gather, save, enable the transmission to third parties or enable access to the content that is (themselves or their accessibility) contradictory to the generally binding legal regulations effective in the Czech Republic and in any country in which you are a resident where the Website, Platform or Services are used or where detrimental consequences could arise by taking such actions, including but not limited to the content that:
- interferes with the Copyright, with rights related to Copyright or with other intellectual property rights and/or confidential or any sensitive information;
- breaches the applicable legal rules relevant to the protection from hatred for a nation, ethnic group, race, religion, class or another group of people or relevant to the limitation of rights and freedoms of its members or invasion of privacy, promotion of violence and animosity, gambling or the sales or usage of drugs;
- interferes with the rights to the protection of competition law;
- Gather, save, enable the transmission to third parties or enable access to the content that is pornographic, humiliating or that refer to pornographic or humiliating materials;
- Gather, save, enable the transmission to third parties or enable access to the contents that make conspicuous resemblance to the contents, services or third-party applications for the purposes of confusing or deceiving Internet users (so-called phishing);
- Gather, save, enable the transmission to third parties or enable access to the contents that harm our good reputation or authorized interests (including hypertext links to the contents that harm our good reputation or authorized interests);
- Disseminate computer viruses or other harmful software;
- Use mechanisms, instruments or computer equipment or processes that have or potentially have a negative effect on the operation of devices used by us, on the security of the internet or internet users;
- 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.
You acknowledge that the Website, Platform or the Services may not be available constantly. We may perform their planned or unplanned downtime in order to perform the inspection, maintenance, update or replacement of hardware or software. Their availability may also be limited due to other reasons, including but not limited to, power cuts, data network loss, other failures caused by third parties or caused to the devices of third parties or due to Force Majeure. We shall not be liable for the limitation of availability of the Website, Platform or the Services.
We are not obliged to verify the manner in which you or other users use the Website, Platform, Custom Solution or Services and we shall not be liable for the manner of such usage. We expect that you use the Website Platform and Services legally and ethically and that you have obtained permission, if necessary, to use it on the targeted websites and/or other data sources.
We shall not be liable for the outcomes of activities for which you use our Website, Platform, Custom Solution or Services. Provided that a third-party service or product is established on the Platform or on any of its functionalities, we shall not be liable for such a service or product, their functioning or manner and consequences of their usage.
In compliance with the provision of Section 5 of Act No. 480/2004 Sb., on certain Information Society Services and on Amendments to some Acts (Act on Certain Information Society Services), as amended, we shall not be liable for the contents of the information that you save on our Website, Platform or by means of them, or by means of the Custom Solution.
We shall not be liable for any of your unlawful actions in connection to the usage of the Website, Platform, Custom Solution or Services with respect to third parties (e.g. breach of intellectual property rights, rights to the name or company name, unfair competition, breach of terms of websites or applications and programs of third parties).
We shall not guarantee or be liable for the availability of the Website, Platform or Services (or products arising therefrom) or for their performance, reliability or responsiveness or any other performance or time parameters. We shall neither be liable for the functionality or availability of the services of other providers that we mediate to you solely. We shall neither be liable for your breach of service usage terms of such providers.
WE MAKE NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE PLATFORM AND ITS FUNCTIONALITIES, SERVICES OR ANY CONTENT. WE DO NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE WEBSITE OR PLATFORM OR SERVICES WILL BE COMPLETELY SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE WEBSITE, PLATFORM (AND ITS FUNCTIONALITIES), CUSTOM SOLUTIONS AND 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 WEBSITE OR PLATFORM, CUSTOM SOLUTIONS OR 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 WEBSITE, PLATFORM AND SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE WEBSITE, PLATFORM (AND ITS FUNCTIONALITIES), CUSTOM SOLUTIONS AND 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 US.
We shall not be liable for any defects of the Website, Platform (or its functionalities), Custom Solution or Services arising due to unauthorized interference with the Website, Platform, Custom Solution or the use of Platform or Custom Solution contradictory hereto. We shall neither be liable for errors with respect to the function or non-function of the Custom Solutions arising due to the changes of third-party websites (i.e. website on which the relevant Custom Solution is to perform automated activities or processes) upon the Custom Solution creation.
8. Limitation of Liability;
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) OUR AGGREGATE LIABILITY TO YOU UNDER THIS AGREEMENT FOR ANY CLAIM IS LIMITED TO THE AMOUNT PAID TO US 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.
9. Your Obligation
You agree to indemnify, defend and hold us, our 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 Website, Platform, Custom Solutions or 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.
10. Legal Disclaimer
We may immediately suspend your use of the Website, Platform, Custom Solutions and/or Services if we are contacted by your targeted source, website, or repository and asked to cease all respective automated activities or processes. If such an event occurs, we will not disclose your information without a court order mandating us to do so unless we in our best judgment determine that there would be an adverse consequence if we do not. If, however, we receive a court order demanding the release of your information to a third party, we will comply. If such action becomes necessary, you agree to indemnify and hold us and (as applicable) our 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 Website, Platform, Custom Solutions or Services.
Should any third party claim its rights against us in connection to your actions, we may immediately eliminate any contents gathered, saved or disseminated by you from servers used by us. In the event of a judicial dispute with a third party related to your actions, you are obliged to provide us with all necessary cooperation in order to resolve such a dispute successfully and you are also obliged to reimburse continuously any purposeful expenses arising to us due to such a dispute. With respect to this, should an obligation arise to reimburse any claim of a third party, you agree to pay us the full scope of the damages.
11. Payment Terms
Within the scope of your user account on the Website or by means of the Website, you may sign up for free license or order and subscribe to a paid license to use the Platform or other Services (subscription plan) in compliance with the up-to-date information and prices provided for the given license or Service on the Website or as agreed with us individually.
If you decide to use Apify Freelancers, we may ask you to pay a deposit equal to up to 100% of the price of the respective Service depending on the respective project before we start providing the respective Service.
We offer multiple different types of Platform subscription plans and pricing to meet specific needs of our customers. You may find our up-to-date Platform subscription plans and pricing on our Website at: https://apify.com/pricing.
We currently offer the following payment methods depending on the selected Service: (i) debit or credit card; (ii) wire transfer to our bank account on the basis of an invoice; and (iii) PayPal.
Your subscription orders made by means of the Website shall be binding. By entering the relevant details of your debit or credit card during the order-making process, you agree that the price of the ordered license or Service shall be deducted from the card. The following rules will apply in case of payment by credit or debit card:
- you may use the credit or debit card that you entered during the order-making process;
- we are not responsible for any fees or charges that your bank or card issuer may apply;
- if the payment method is declined, we will attempt to process the charge until the transaction is approved;
- if we are unable to complete the transaction, we will contact you to update your payment information;
- we may overdraw you credit or debit card according to conditions stipulated below;
we will send you an invoice after every performed payment.
Unless agreed otherwise, you shall pay the remuneration for the license to use the Platform on a monthly or yearly basis or another basis selected when making the order (“Billing Period”). Based on the selected Services and subscription plan and pricing, you will be awarded a certain number of credits which will enable you to use the Platform for an extended period of time (“Credits”). The Billing Period shall commence on the date of your first invoice’s issue date. The remuneration is payable at the first date of the Billing Period for which it is valid. You agree that the remuneration for the relevant Billing Period shall be deducted by us from the debit or credit card the details of which were provided by you when ordering the relevant license. In the event that you run out of the Credits awarded in connection with the purchase of the Services, you may continue to use our Platform and overdraw the awarded Credits. However, we will charge your credit or debit card for such overdrawn Credits. Please note that we will allow you to overdraw the awarded Credits only to a limited extent to reduce risk of errors.
Should you order an upgrade of the license (subscription plan) you are currently using, you shall pay the pro rata difference for the previously paid price of the currently used license and the price of the new license for the rest of the current Billing Period. The upgrade shall be performed immediately upon payment of the difference. Should you select a downgrade of the currently used license (subscription plan), you may not request the return of the paid remuneration for the current Billing Period (or its part); until the end of the current Billing Period you may use the credits for the version (subscription plan) already paid for. Other features of the Platform will be downgraded immediately, in accordance with the downgraded license. Upon the effectiveness of the upgrade or downgrade, the remuneration deducted for the following Billing Period shall amount to the newly selected license version similarly to the definition above.
We will issue and send you an invoice with respect to all Services charged to you, irrespective of type of the Services or payment method. All our invoices will contain information required by law for tax and accounting documents. You agree that all invoiced payments will be made in times set forth in these Terms or stated on the invoice.
We are a value-added tax (VAT) payer in compliance with the tax laws of the Czech Republic. VAT shall be therefore always added to our price in the amount stipulated by the respective tax laws and shall be always indicated on our invoices.
The amount you are to pay shall always be deemed as paid for when credited to our bank account or our other electronic accounts held with a provider of payment services (e.g. PayPal or Braintree).
We shall not refund any remuneration or other amounts paid by you to us.
You hereby agree to pay all applicable fees and/or charges under these terms, including any applicable taxes or charges imposed by any government entity, and that we may change its pricing at any time. There are no refunds for payments made once Services have been rendered or license provided. If you dispute any charge made for your use of the Platform, licenses or Services, you must notify us in writing within fifteen (15) days of any such charge; failure to notify us 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 us for purposes of billing. No other measurements or statistics of any kind shall be accepted by us or have any effect under these terms
12. Personal Data Protection, Commercial Offers, Confidentiality
During the term of your use of the Website or Platform, licenses granted under these terms and 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 (hereinafter referred to as the “Confidential Information”). Confidential Information includes (i) subscription account data, including agent definitions, Customer Data, and User Content, (ii) except as provided in subsection (i) above, any other Website, Platform or Services information or access to technology prior to public disclosure provided by us 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.
13. Term, Amendment, and Termination
Unless mutually agreed otherwise in writing, the license agreement and the agreement on the provision of other Services concluded by and between us shall be for an indefinite period of time. Either we or you may terminate any such agreement by deleting your user account on the Platform (user account may be deleted in the account settings).
In addition, you may also cancel your subscription (subscription plan) anytime in the account settings. If you cancel your subscription, you will continue to have access to the Platform and Services under the terms and conditions of your current subscription plan until the end of the already paid Billing Period or until you use up all your Credits awarded by us (whichever occurs earlier); data retention period (i.e., period for retention of actor run data and results) shall expire under the terms of the subscription plan being cancelled. Upon expiry of the paid Billing Period the license agreement and the agreement on the provision of other Services under the respective subscription plan terminates and your license will be downgraded to free license.
In the event of the agreement termination, user account cancellation or subscription cancellation, you shall not be entitled to the refund of any remuneration you already paid to us (see Article 11, Payment Terms).
In the following cases we may further withdraw from an agreement concluded with you (by cancelling your user account) with immediate effect:
- Should you be in delay with payment of any amounts due to us for more than three days;
Upon termination of the license agreement (regardless of the reason, including cancellation of your user account), we may eliminate any data entered in the user account and gathered there.
If necessary (including but not limited to the market development, development of the Platform and related technologies and with respect to new risks associated with the Platform and the safety of its use), we may unilaterally amend the version of these Terms. We shall notify you of such an amendment at least 30 days in advance before its effectiveness by email or by displaying the notification in your user account or otherwise on the Website or the Platform. Similarly, with respect to market development, we may unilaterally amend the remuneration amount of the license for use of the Platform or the remuneration for the Services. We will notify you if the price increases for you or if the scope of Services for the given price is reduced.
Should you disagree with such an amendment, you may withdraw from the relevant agreement effective as at the date of the effectiveness of the announced amendments by cancelling your user account (cancellation may be performed in your account settings); you may also cancel your subscription and downgrade to free license (cancellation may be performed in your account settings; as to the effect of subscription cancellation please see above the second paragraph of this Art. 13). In the event of the agreement termination, user account cancellation or subscription cancellation, you shall not be entitled to a refund of any remuneration paid to us already (see Art. 11, Payment Terms). Provided you shall not cancel your user account or your subscription to the Platform before the effective date of the amendment, you shall be deemed to agree with such an amendment.
14. Final Provisions
These Terms and any other contracts and legal relationships concluded by and between us (unless otherwise explicitly provided) shall be governed by the laws of the Czech Republic. Any disputes arising here from between us shall be resolved by the courts of general jurisdiction in the Czech Republic.
You agree that we may use your name, company name and logo as a reference in all types of promotion materials for marketing purposes free of charge.
Apify is a trademark of Apify Technologies s.r.o., registered in the United States and other countries.
Provided that we enter into a separate written license agreement or another contract with you provisions of which deviate from these Terms, such different provisions shall take precedence over the respective provisions of these Terms.
Should any of the provisions hereof be ascertained as invalid, ineffective or unenforceable, such a provision shall be replaced by a provision as much as possible accomplishing the sense and purpose of the original provision. The invalidity, ineffectiveness or unenforceability of any provision shall not affect the validity, effectiveness and/or enforceability of the remaining provisions hereof.
These Terms constitute the entire agreement with you and supersede any prior agreement between you and us regarding the subject matter of these Terms.
Unless otherwise provided hereby, any changes and amendments to these Terms may only be made in writing. We may amend these Terms from time to time and the new/amended version of the Terms shall supersede and substitute the prior version. We will inform you of any such amendment to the Terms prior to its effective date. Your continued use of the Platform and Services after such effective date may be relied upon by us as your consent with the new/amended Terms.