Obsrv.app Terms of Service
Last updated: 31 August 2022
Welcome to Obsrv.app!
Obsrv.app is an online platform providing automated data collection and price monitoring capabilities for businesses with limited IT resources. The Obsrv.app services are provided by Daniel Schmidt, independent entrepreneur (address: Hámory Imre utca 30, 2051 Biatorbágy, Hungary) (the "Service Provider" or "Us").
This terms of service (this "Agreement") apply to the use of and subscription to the Obsrv.app products and services, including applications, websites and relating Software (the "Services").
This Agreement is entered into by the entity or person placing an order for or accessing the Services (referred to as "Customer" or "User") and Us. If you are agreeing to this Agreement not as an individual but on behalf of your organization, this Agreement will bind your organization, unless your organization has a separate agreement in effect with us. You confirm that you have the necessary authority to enter into this Agreement on behalf of your organization before proceeding.
By accessing to and using the Services you agree to be bound by this Agreement. The offering of the Services to you is conditional on your acceptance of this Agreement. If you do not agree to this Agreement, you must not access or use the Services.
1 Services
1. 1 Scope: This Agreement governs access and subscription to the Services and the Software. Customer and its Users may access and use the Services in accordance with this Agreement and the Obsrv.app Privacy Notice.
1. 2 Availability: The Service Provider will make reasonable efforts to ensure that the Services are available to the Customer. However, access to the Services may be disrupted from time to time due to necessary maintenance, technical issues, network and system overloads or events outside of the Service Provider’s control. The Service Provider will use commercially reasonable efforts to avoid downtime of the Services, but assumes no liability if the Services or any part thereof is unavailable at any time or for any period.
1. 3 Changes: The Service Provider may update the Services from time to time. If the Service Provider changes the Services in a manner that materially reduces their functionality, the Service Provider will notify Customer, and Customer may provide notice within thirty days of the change to terminate this Agreement.
2 Use of the Services
2. 1 Internal business purposes only: Customer and its Users may use of the Services solely for Customer’s internal business purpose and in connection with the collection of Non-Personal Data from publicly accessible websites. Except as expressly agreed in writing by the Service Provider, Customer shall not distribute, sublicense, transfer, sell, offer for sale, disclose, or make available any part of the Service to any third party.
2. 2 Compliance: Customer is responsible for its and its Users compliance with this Agreement and any product-specific terms which may apply. Customer understands and acknowledges that it is required to comply with applicable laws at all times. In particular, Customer represents and warrants that its and its Users use of the Service, does not and will not infringe or misappropriate a third party’s intellectual property rights.
2. 3 Usage limits: Access to and use of the Services is restricted to the usage limits applicable to Customer’s Service Plan. Customer is responsible for complying with usage limits applicable to its Service Plan. The Service Provider reserves the right to bill overages, cancel Customer’s subscription, or revoke access if Customer uses the Services in excess of the applicable usage limits.
2. 4 System requirements: Customer is responsible for acquiring internet connections, data equipment, connections, software and other additional equipment needed for the use of the Services, including the costs, operation, maintenance and support of all such equipment, connections and software. Customer must maintain the confidentiality of its Accounts. Customer agrees and acknowledges that login details cannot be shared or used by more than one individual per account.
2. 5 API terms: In relation to the Obsrv.app API, the Service Provider authorizes Customer to use the Obsrv.app API(s) solely to develop applications or implementations that interoperate with the API in accordance with clause 2.1. Customer understands that developing any such applications to achieve interoperability in Customer's environment may lead to system vulnerabilities, complexities, and other liabilities. Customer is solely responsible for its applications and any such liabilities.
3 Acceptable Use
3. 1 Account registration: Information provided upon the registration of the Account must be true, current, complete and accurate. Users must promptly update their registration data to keep it true, current and accurate. Users must not transfer or assign their Account’s log-in credentials, even temporarily, to a third party. Users must be at least 18 years old to use the Services.
3. 2 Restrictions: During the use of the Services, it is prohibited to:
a) copy the Services or part of the Services, except for the scope in which such limitation is explicitly prohibited by law;
b) analyse, reverse engineer, disassemble, or decompile the Software or the Services or apply any other process or procedure to modify them or create any derivative works;
c) act in manner which violates law or may result in a violation of law, in particular transfer any content or data which is unlawful or breaches the intellectual property rights of others;
d) by-pass or jeopardize the operation or the security of the Services;
e) access all or any part of the Service or the API in order to build a product or service which competes with the Service.
3. 3 Prohibited Use: The Customer and its Users must not use the Services:
a) for any illegal, unauthorized or other improper purposes;
b) to collect or harvest Personal Data from other websites or services, including Personal Data of visitors or users of such websites and services, or violate the privacy rights or other rights of third parties in relation to the use of the Services;
c) to collect data in violation of the terms of the relevant service or website;
d) to infringe, violate or misappropriate any intellectual property rights.
3. 4 Remedies: Without affecting any other remedies available, the Service Provider reserves the right to suspend and/or terminate any Account immediately on notice, if the Service Provider – in its own discretion or after receiving substantiated and valid complaints – find that any User violate this Agreement or any applicable laws.
4 Extracted Data
4. 1 Through Customer's configuration and use of the Service, Customer has control over the types and amounts of Extracted Data that it submits to the Service. Customer hereby grants to the Service Provider the right, and expressly instructs the Service Provider, to process Extracted Data during the term of this Agreement to provide and support the Service, and as otherwise required by law, regulation or order, or provided in this Agreement. By using the Services, Customer guarantees that it has all required permissions for Extracted Data – including copyright and other intellectual property rights – to use Extracted Data in the manner contemplated by the Services, including to distribute, transfer and store Extracted Data.
4. 2 The Service Provider does not review Extracted Data at any stage and makes no warranties or representations with respect to the Extracted Data, including with respect to its legality, non-infringement, offensiveness, ownership and content or the right to use the Extracted Data. Customer will access and use Extracted Data at its sole risk. The Service Provider reserves the right to remove Extracted Data or any party thereof at any time.
4. 3 Customer acknowledges and agrees that the Service Provider is not responsible for any backup, recovery or other steps required to ensure that Extracted Data is recoverable in the case of data loss. Customer is solely responsible for backing up its Extracted Data on a regular basis, and taking appropriate steps to safeguard and ensure the integrity of Extracted Data.
5 Term
5. 1 Term : This Agreement enters into effect on the day when Customer accepts this Agreement and continues until terminated either by the Service Provider or the Customer.
5. 2 Cancellation: Either Party may elect to terminate this Agreement at the end of Customer’s then-current Subscription Term with notice, at the latest on the last day of the Subscription Term. There is no refund for any pre-paid Service. Customer may terminate a Free Service immediately without cause.
5. 3 Termination for Cause: Either party may terminate this Agreement with notice if the other party materially breaches this Agreement and such breach is not cured within fifteen days after the non-breaching party provides notice of the breach. In case of termination for cause by Customer, the Service Provider will provide Customer with a pro-rata refund of any pre-payment. The Service Provider may immediately terminate this Agreement for cause without notice if Customer or its Users violate section 3 of this Agreement.
5. 4 Survival: The following sections will survive expiry or termination of this Agreement: 2.1-2.2, 3, 4.3, 5.4, 6.4 and 6.6, 8, 10-13.
5. 5 Effect : If this Agreement is terminated: (i) the rights and licences granted by the Service Provider to the Customer will cease immediately; (ii) the Service Provider may delete any data relating to Customer's Accounts in a commercially reasonable period of time in accordance with its Privacy Notice.
6 Payment and Billing
6. 1 Service Plan: The Service Provider offers both free and paid Services. Prices and features of Services depend on the Service Plan selected by Customer. The current prices and features are published on the Obsrv.app website.
6. 2 Fees: Customer is responsible for the payment of fees, in the currency quoted at the time of the purchase. Customer must provide current, complete, accurate and authorized credit card information. The Service Provider may bill: (i) in advance; (ii) at the time of purchase; (iii) shortly after purchase; or (iv) on a recurring basis.
6. 3 Payment: Customer authorises the Service Provider (i) to charge Customer for all applicable fees using Customer's selected payment method, (ii) provide relevant information to third party service providers to complete the payment, (iii) issue an electronic invoice in accordance with the information provided by the Customer. All fees are due at the time of the purchase and are non-refundable except as required by law or as otherwise specifically permitted in this Agreement.
6. 4 Taxes: Fees are exclusive of taxes and Customer is responsible for all taxes. The Service Provider will invoice Customer for such taxes if the Service Provider believes that it has a legal obligation to do so, and Customer agrees to pay such taxes if so invoiced.
6. 5 Automatic renewal: Fees will automatically be charged monthly, for each month. Customer agrees that its subscription is automatically renewed for the same period at the end of each billing period, and the Service Provider may charge automatically at the end of the trial or the renewal, unless Customer notifies the Service Provider in advance that Customer wants to cancel.
6. 6 No refund: No refunds or credits for fees or payments will be provided to Customer if Customer elects to downgrade or cancel its Service Plan.
6. 7 Changes of fees: The Service Provider does not represent or warrant that a particular Service Plan will be offered indefinitely and reserves the right to change the prices for or alter the features and options in a particular Service Plan. The Service Provider reserves the right to revise and update the applicable fees, and the different packages available, at any time at its sole discretion. Any such revision or updates to the fees will apply prospectively following the effective date of the fee revision or update.
7 Trial
7. 1. Free Services: If Customer registers for a free trial or other type of limited offer for use of the Services ("Free Service"), Customer may need to accept additional terms and conditions upon registration. Any such additional terms and conditions are hereby incorporated into this Agreement by reference and are legally binding.
7. 2. Usage limits: Customer can sign-up for a trial for some of the Services which may require payment preauthorization. The trial starts on the day when Customer creates the trial subscription. If the relevant usage limits are exhausted within the term of the trial period, any further use of the Services will be subject to a payment in accordance with section 6. Any Extracted Data collected during Customer’s free trial will be permanently lost, unless Customer upgrades to a paid Service within 30 days from the end of the trial.
7. 3. As is: Free Services are provided "as is" and "as available" without any warranty that may be set forth in this Agreement, and the Service Provider disclaims any implied warranties including without limitation merchantability for a particular purpose. Except where prohibited by law, the Service Provider’s liability arising out of or relating to Customer’s use of the free trial is expressly excluded.
8 Intellectual Property
8. 1 Reservation of rights: Each party shall retain all rights, title and interest in and to all its respective patents, inventions, copyrights, trademarks, domain names, databases trade secrets, know-how and any other intellectual property and/or proprietary rights (collectively, "Intellectual Property Rights"). This Agreement does not grant any right, title, or interest to you with respect to the Services or in any of the Service Provider’s Intellectual Property Rights, except as expressly set out in this Agreement.
8. 2 Licence: The Software is the property of the Service Provider or the Service Provider’s licensors. The Service Provider grants you limited, non-exclusive, revocable permission to make use of the Software in relation to the Services during the term of this Agreement. You agree not to use the Software in any manner not expressly permitted by this Agreement.
8. 3 Open-Source: You acknowledge that the Software may contain third-party, open source software components ("Open-Source Component"). To the extent required by the licenses covering Open-Source Components, the terms of such licenses will apply in lieu of this Agreement with respect to that component of the Software. The list of the Open-Source Components if the Software is available at …
8. 4 Customer logo and feedback: Unless otherwise instructed by Customer in writing, the Service Provider may use any logo and/or name associated with Customer in its customer reference lists and other marketing materials. The Service Provider may use any feedback, ideas, comments, enhancement requests, recommendations or suggestions ("Suggestions") that you send or share with the Service Provider without any obligation to you. You hereby grant to the Service Provider a world-wide, royalty free, irrevocable, perpetual license to use and otherwise incorporate any Suggestions.
9 Third-party services
9. 1. Customer agrees that in providing the Services, the Service Provider will engage qualified third parties. The Service Provider is responsible for the conduct and services of such third parties.
9. 2. The Service may contain features and functionalities linking to or providing certain functionality and access to third party websites and services. The Service Provider has no influence on the contents of these linked pages, and is not responsible or liable for, such links, websites, or services. If Customer decides to enable, access or use such services, its access and use of such services shall be governed solely by the terms and conditions of such services.
10 Limitation of Liability
10. 1. Nothing in this Agreement restricts the liability of the parties for damages caused (i) to life, body or health by gross negligence; (ii) by intentional breach of obligations; (iii) by fraud or unfair deception; or (iv) any other liability that may not be limited or excluded under applicable law.
10. 2. Irrespective of the legal basis of liability, none of the parties are liable for (i) consequential damages; and (ii) lost profits, revenues, expected savings, business value, whether such losses or damages are caused directly or indirectly.
10. 3. Subject to clause 10.1, the aggregate liability of the Service Provider for all claims relating to the Services irrespective of the legal basis, is limited to the amounts paid by the Customer to the Service Provider for the past six months of the Services prior to the first event or occurrence giving rise to such liability.
10. 4. This Agreement sets out the allocation of risk between the parties in accordance with their agreement. The Parties agree that the relevant fees of the Services represent an agreed allocation of the risks of this Agreement between the Parties as well as the limitation of liability. The limitation of liability above shall apply in respect of any claims against any employees, suppliers or subcontractors of either Party.
11 Indemnity
11.1 Customer shall indemnify and defend the Service Provider, and its agents, contractors and subcontractor from and against any and all losses, damages, claims, liabilities or expenses, including reasonable lawyer’s fees, arising out of or in relation any claim brought by a third party relating to Customer’s use of the Service.
12. 1 Changes: We may revise this Agreement from time to time and the most current version will always be posted on its website. If a revision, in the Service Provider’s sole discretion, is material, you will be notified. By continuing to access or use the Services after revisions become effective, you agree to be bound by the revised Agreement. If you do not agree to the revised terms, please stop using the Service.
12. 2 Severability: The provisions of this Agreement apply to the maximum extent permitted by relevant law. If any court or relevant authority decides that any part of this Agreement is unlawful, unenforceable, or invalid, the remaining clauses will remain in full force and effect. This is the entire contract between the parties regarding the Service. It supersedes any prior contract or oral or written statements regarding your use of the Service.
12. 3 Remedy: The failure of either party to enforce a provision of this Agreement is not a waiver of its right to do so later. The waiver by the Service Provider of any breach shall not be deemed a waiver of any subsequent breach of the same or any other term of this Agreement. Any remedy made available to the Service Provider by any of the provisions of this Agreement is not intended to be exclusive of any other remedy.
12. 4 Assignment: Customer may not assign or transfer this Agreement or any rights or obligations under this Agreement without the Service Provider’s written consent. The Service Provider may freely assign its rights and obligations under this Agreement in its entirety in connection with a merger, acquisition, corporate reorganization or sale of all or substantially all of its assets provided that any such successor agrees to fulfil the Service Provider’s obligations under this Agreement.
12. 5 Governing law: This Agreement is governed by Hungarian law, excluding the Hungarian conflict of law rules and the Vienna Convention on Contracts for International Sale of Goods.
12. 6 Notices: Notices are to be sent by electronic means, in the form of an email. Should you have any questions, please contact us at hello@obsrv.app.
13 Glossary
In this Agreement, the following terms shall have the following meaning.
"Account" means an account registered on behalf of the Customer for the use of the Services.
"Agreement" means this Terms of Service.
"Customer" means the entity or person placing an order for or accessing the Services.
"Extracted Data" means Non-Personal Data submitted by Customer to the Services from publicly accessible websites, through Customer's configuration and use of the Service.
"Free Service" means a free trial or other type of limited offer for use of the Services.
"Intellectual Property Rights" means all rights, title and interest in and to all its respective patents, inventions, copyrights, trademarks, domain names, databases, trade secrets, know-how and any other intellectual property and/or proprietary rights.
"Non-personal Data" means data that does not contain any information that can be used to identify a natural person.
"Open-Source Component" mean third-party components which the Software may contain, and which is released under a license that is considered as free software license by the Free Software Foundation (https://www.gnu.org/philosophy/free-sw.html).
"Personal Data" shall have the same meaning as under the General Data Protection Regulation (Regulation (EU) 2016/679).
"Service Plan" means the packaged service plan(s) and relevant functionality and services covered, as detailed on the Obsrv.app website.
"Service Provider" means Daniel Schmidt, independent entrepreneur (address: Hámory Imre utca 30, 2051 Biatorbágy, Hungary).
"Services" mean the the Obsrv.app products and services, including applications and access to any application programming interfaces (Obsrv.app API), websites and relating Software.
"Software" means the software provided by the Service Provider that allows Customer and its Users (where applicable) to use any functionality in connection with Obsrv.app.
"Subscription Term" means the period for which the Customer have agreed to subscribe to a Services.
"User" means an individual using or accessing the Services.