Terms of Service
2. Our Services By means of our Website or by other means, we enable you to use the computer platform “Nym” (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 Nym.ai domain or other domains (so-called “cloud system”). In addition to other things, the Platform makes it possible to:
Download and extract structured data from the websites; Download, save, process, and publish 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 the 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, so-called “Crawlers” or “Acts” or “Actors”) according to your instructions, for instance, in order to perform the extraction of data specified by you from the websites designated by you (hereinafter referred to as the “Configuration”); Assistance to users with respect to the use of the Platform, including the analysis of data sources on third-party websites; Downloading, saving, processing, and publishing of your data according to your instructions; Switching the Configuration or applications running on the Platform on or off whether manually or automatically, and their monitoring. 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 Configuration is available against payment as is managed hereby 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 authorised 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.
Unless otherwise agreed by us in writing (i.e. also by email), each user may create and use one user account at the most. Creating (directly or by means of a third party) and/or using multiple personal accounts (even for the use of various email addresses) without our written (incl. email) consent shall be considered a breach of this section with the same consequences as stipulated in the paragraph above. Use of organization accounts shall not be limited by this paragraph.
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, Configurations 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, Configurations or Services.
You acknowledge that when you contact our support team and request their help with some issue you are having with our Platform, Custom Solutions and/or Services, the members of the support team may access your account in order to help you with resolving that issue. The support team limits its actions on your account only to those necessary for providing the requested support.
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 familiarised 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 or GitHub).
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 Configuration) 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 authorisations 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.
In addition to the license above, if we are providing you with a Custom Solution then, unless agreed otherwise, we provide you with a non-exclusive license without territorial restriction (i.e. worldwide license) to use, modify and adjust the source code of the Actor(s) provided to you. The intellectual property rights to the source code are not transferred and belong to us or our contractors. You acknowledge that we may use (part of) the source code in other Services, Custom Solutions and/or public Actors in the Nym Store.
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 not take any actions which could lead to unauthorised use of the Platform or the Services. The actions you are not authorised 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 unauthorised actions, you agree to compensate us for any damages incurred by us in this respect.
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 United States 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 authorised interests (including hypertext links to the contents that harm our good reputation or authorised 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.
6. Liability We are not obliged to verify the manner in which you or other users use the Website, Platform, Configuration or Services and we shall not be liable for the manner of such usage. We assume 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, Configuration 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 Configuration.
We shall not be liable for any of your unlawful actions in connection to the usage of the Website, Platform, Configuration 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.
7. Warranty 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), CONFIGURATIONS 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, CONFIGURATIONS 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), CONFIGURATIONS 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), Configuration or Services arising due to unauthorised interference with the Website, Platform, Configuration or the use of Platform or Configuration contradictory hereto. We shall neither be liable for errors with respect to the function or non-function of the Configurations arising due to the changes of third-party websites (i.e. website from which the relevant Configuration is to extract data) upon the Configuration creation.
8. Limitation of Liability; 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) 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, labour conditions, and power failures.
9. Your Obligation to Indemnify 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, Configurations 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 and Warning We may immediately suspend your use of the Website, Platform, Configurations and/or Services if we are contacted by your targeted data extraction source, website, or repository and asked to cease all extraction activity. 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, Configurations 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 order a paid license to use the Platform (an extended paid version as opposed to the basic version that is free of charge) or other Services 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.
Your 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.
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”). The Billing Period shall commence on the date of your first payment. 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.
Should you order an upgrade of the license 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, 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 license for the version already paid for. 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 are a value-added tax (VAT) payer in compliance with the tax laws of the United States. VAT shall be therefore always added to our price in the amount stipulated by the respective tax laws.
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 so 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
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 (1) subscription account data, including agent definitions, Customer Data, and User Content, (2) except as provided in subsection (1) 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 (1) independently developed without access to the other party‘s Confidential Information; (2) rightfully received from a third party; or (3) 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 cancelling your user account on the Platform (user account may be cancelled in the account settings). In the event of the agreement termination or user account 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:
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 hereof. Similarly, with respect to the market development we may unilaterally amend the remuneration amount of the license for use of the Platform or the remuneration for the Services. We shall notify you of such an amendment at least 30 days in advance before its effectiveness by displaying the notification in your user account or otherwise on the Website or the Platform. 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). In the event of the agreement termination and user account 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 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 United States. Any disputes arising here from between us shall be resolved by the courts of general jurisdiction in the United States.
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.
Provided that we enter into a separate written license agreement or another contract with you provisions of which deviate herefrom, 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, upon mutual agreement such a provision shall be replaced by a provision whose sense and purpose comes as closely as possible to the original provision. The invalidity, ineffectiveness or unenforceability of one provision shall not affect the validity and effectiveness of the remaining provisions hereof.
Unless otherwise provided hereby, any changes and amendments hereto may only be made in writing.