Terms & Conditions

1. Acceptance of Terms

These Terms & Conditions ("Terms", "Agreement") are a legal agreement between you ("Customer", "you", "your") and Product Data Scrape ("Company", "we", "us", "our"). By accessing or using our website www.productdatascrape.com or any services we provide, you agree to be bound by these Terms.

If you do not agree to these Terms, do not use our services. If you are using our services on behalf of an organisation, you represent that you have authority to bind that organisation to these Terms.

2. Description of Services

Product Data Scrape provides managed e-commerce data scraping services, including:

• Product data extraction from publicly accessible e-commerce websites and marketplaces
• Competitor price monitoring, MAP enforcement data, digital shelf analytics
• Custom dataset creation, catalog enrichment, data quality assurance
• Data delivery via CSV, Excel, JSON, REST API, webhooks, or BI tool integration
• Consultation and customer success support

Specific services, deliverables, refresh frequencies, and pricing are detailed in individual Service Orders or Statements of Work executed between Customer and Company.

3. Eligibility & Account

Our services are intended for business users. By using our services, you represent that:

• You are at least 18 years of age
• You have legal capacity to enter into binding contracts
• You are not barred from receiving services under applicable laws
• All information you provide is accurate and complete

You are responsible for maintaining the confidentiality of any account credentials and for all activities conducted under your account.

4. Acceptable Use

You agree NOT to use our services for any unlawful purposes or to:

• Violate any applicable laws or regulations
• Infringe intellectual property rights or proprietary information of third parties
• Engage in fraudulent, deceptive, or misleading activities
• Distribute malware, viruses, or harmful code
• Attempt to gain unauthorized access to our systems or other users' accounts
• Resell, sublicense, or redistribute our data services without written permission
• Use data to harass, stalk, discriminate against, or harm individuals
• Conduct competitive intelligence against Product Data Scrape itself
• Reverse-engineer our infrastructure, algorithms, or proprietary methods

5. Data Ownership & Licensing

5.1 Customer Ownership

Upon delivery, datasets created specifically for you become your property. You may use, modify, store, and integrate them into your internal systems without restriction.

5.2 Source Data Considerations

The data we extract originates from publicly accessible e-commerce websites. You acknowledge:

• Source websites may have their own Terms of Service governing use of their content
• You are responsible for ensuring your use of delivered data complies with applicable laws in your jurisdiction
• Product Data Scrape does not transfer any rights it does not have

5.3 Restrictions

You may NOT:

• Resell raw datasets as a standalone product without our written consent
• Use our data to train AI/ML models for resale without separate licensing agreement
• Claim our data as your independently-collected proprietary data

6. Intellectual Property

All rights, title, and interest in our website, software, infrastructure, methodology, and proprietary algorithms remain the exclusive property of Product Data Scrape.

Our trademarks, logos, and brand elements may not be used without prior written permission.

Customer-specific datasets are licensed to you under the terms outlined in Section 5.

7. Pricing & Payment

7.1 Pricing Structure

Pricing is based on:

• SKU count tracked
• Number of retailers covered
• Refresh frequency (daily, hourly, sub-hourly)
• Geographic coverage
• Custom requirements

Specific pricing is documented in your Service Order.

7.2 Payment Terms

• Invoices are issued monthly or per agreed billing cycle
• Standard payment terms: Net 30 days from invoice date
• Late payments incur 1.5% monthly interest
• Accepted methods: Wire transfer, Stripe, Razorpay, ACH, credit card
• All prices exclusive of applicable taxes (GST, VAT, sales tax)

7.3 Refunds & Disputes

Disputes regarding invoices must be raised within 14 days of invoice date. Free samples are non-refundable. Production service refunds handled case-by-case per Service Order terms.

8. Service Level Agreement

For active production customers:

• Uptime SLA: 99.5% monthly uptime (excluding scheduled maintenance)
• Data freshness: Per agreed refresh cadence with 99% on-time delivery
• Support response: 4 business hours for sales, 2 business hours for support tickets
• Enterprise SLA: Customised in Master Service Agreement

SLA breaches may result in service credits per terms in your Service Order.

9. Confidentiality

Both parties agree to:

• Treat all non-public information shared in connection with services as confidential
• Use confidential information solely for service delivery
• Protect confidential information with reasonable security measures
• Return or destroy confidential information upon termination

Confidentiality obligations survive termination of this Agreement for 3 years.

10. Disclaimers & Warranties

Our services are provided on an "AS IS" and "AS AVAILABLE" basis.

10.1 Data Accuracy

We strive for high data accuracy through QA processes, but cannot guarantee 100% accuracy due to factors including:

• Source website changes
• Inconsistent source data
• Network connectivity issues
• Anti-bot mechanisms

10.2 Disclaimer

WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT UNINTERRUPTED OR ERROR-FREE OPERATION.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• Our total liability for any claim arising from these Terms shall not exceed the fees paid by you to us in the 12 months preceding the claim.
• We shall not be liable for indirect, incidental, special, consequential, or punitive damages, including loss of profits, revenue, data, or business opportunities.
• This limitation applies regardless of the cause of action or theory of liability.

Some jurisdictions do not allow limitation of liability; in such cases our liability is limited to the maximum extent permitted by law.

12. Indemnification

You agree to indemnify, defend, and hold harmless Product Data Scrape and its officers, directors, employees, and agents from any claims, damages, losses, and expenses (including reasonable attorneys' fees) arising from:

• Your use of our services in violation of these Terms
• Your violation of any laws or third-party rights
• Your use of delivered data in a manner exceeding the license granted
• False or misleading information you provided

13. Termination

13.1 By You

You may terminate ongoing services with 30 days written notice. Pre-paid amounts are non-refundable unless specified in your Service Order.

13.2 By Us

We may terminate or suspend services with or without notice for:

• Breach of these Terms
• Non-payment of invoices
• Violation of Acceptable Use policies
• Legal or regulatory requirements
• Discontinuation of services with 60 days notice

13.3 Effect of Termination

Upon termination:

• Outstanding fees become immediately due
• Access to services ceases
• Delivered data remains yours (per Section 5)
• Confidentiality, IP, and liability provisions survive

14. Governing Law & Disputes

14.1 Governing Law

These Terms are governed by the laws of India, without regard to conflict of law principles.

14.2 Jurisdiction

The courts of Ahmedabad, Gujarat, India shall have exclusive jurisdiction over disputes arising from these Terms.

14.3 Dispute Resolution

Before initiating legal proceedings, parties agree to:

1. Attempt good-faith resolution through direct negotiation (30 days)
2. Escalate to mediation under Indian Arbitration and Conciliation Act, 1996 if negotiation fails
3. Initiate arbitration in Ahmedabad if mediation fails

15. Changes to Terms

We may update these Terms from time to time. Material changes will be notified via:

• Email to active customers
• Prominent notice on our website
• Updated "Last Updated" date

Continued use after changes constitutes acceptance of the revised Terms. If you do not agree to changes, you must stop using services.

16. Contact

For questions about these Terms:

17. Miscellaneous

• Entire Agreement: These Terms (with any Service Order/MSA) constitute the entire agreement.
• Severability: If any provision is unenforceable, the remainder continues in effect.
• No Waiver: Our failure to enforce any right is not a waiver.
• Assignment: You may not assign these Terms without our consent. We may assign freely.
• Force Majeure: Neither party is liable for delays due to events beyond reasonable control.
• Notices: Sent to email addresses on record.

By using Product Data Scrape services, you acknowledge that you have read, understood, and agreed to these Terms & Conditions.