Degaus Terms & Conditions
Degaus Terms & Conditions
Degaus Terms & Conditions

Degaus Terms & Conditions

  1. Acceptance of these Terms
      2. By clicking the button “Sign up” during registration on our Website, you claim that you are over 18 years old and agree to adhere to these Terms and also to our:
  • Privacy Policy, and
  • Acceptable Use Policy.
If you act on behalf of a company when accepting these Terms, you also declare to be authorized to perform such legal actions on behalf of the company (herein the term “you” shall mean the relevant company). You agree to adhere to these Terms also by the fact that you visit or use the Website, Platform (as defined below), any software, application or any other service running or available on the Platform or a service we provide or make accessible to you.
The Website and Services are operated by DEGAUS TECHNOLOGIES LTD (trading as “Degaus”), Company number 16769117, Registered office address: 81 Palace Court, London, England, W2 4JE (“we”, “us”, “our”).
 
  1. Our Services
By means of our Website or by other means, we enable you to use the computer platform “Degaus Platform” (the "Platform") and other services and functions (the "Services").
The Platform is a computer system operated by us, remote access to which is available by means of servers within the Degaus.com domain or other domains (so-called “cloud system”). In addition to other things, the Platform makes it possible to:
  • Scrape and extract structured data using predefined routes provided by Degaus;
  • Download, save, process, and publish such data;
  • Publish the public user profile, including data.
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.
 
  1. 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 (including 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 with different email addresses) without our written consent shall be considered a breach of this section with the same consequences as stipulated in the paragraph above. Use of organisational 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, or Services that is known or suspected by you; and
(iii) not impersonate another user or provide false identity information to gain access to or use the Platform, Website, or Services.
You acknowledge that when you contact our support team and request their help with some issue you are having with our Platform 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 the Services provided by us are protected by copyright, trademark, and other applicable intellectual property laws. 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 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 the license terms of the owners of the relevant copyright or by open-source licenses that you must adhere to. By using the relevant software, system, or functionality, you confirm that you have familiarised yourself with and agree to the license terms of such 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, 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 Platform performed by us) for the purpose for which they have 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 on servers maintained by us or designated for such purpose (e.g., cloud hosting providers).
Within the license you may not:
  • modify, adjust, or connect the Website or Platform (or any parts thereof) with any other copyrighted work;
  • reproduce or distribute the Website, Platform, or any parts thereof (except where open-source components permit such use);
  • sublicense, assign, or transfer any rights or obligations under this license to third parties, without our explicit consent.
The provided license or these Terms shall not transfer any of our intellectual property rights to you (including rights to trademarks, brands, or names). No other license is provided except as explicitly set forth herein.
Should you breach these Terms in any way, or should you have breached them in the past, we may reject or disable your license, including your access to the Website, Platform, or Services.
 
  1. Terms of Use of the Website, Platform, and Services
You may use the Platform and other Services solely for the purposes of data extraction from publicly accessible websites (including websites that may require the user's login) or from other sources you are authorised to access. The Platform or Services functionalities may be used solely on such publicly accessible websites or other sources where their use (including data extraction) is permitted explicitly or where you are authorised to do so. Should you instruct us to use the Platform or the Services on certain publicly accessible websites or other sources and to send you the extracted data subsequently, you hereby declare and guarantee that use of the functionalities of the Platform and/or Services as well as the data extraction on such websites is expressly permitted or authorised to you. Should the extracted data be comprised 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 declare and guarantee that your use of the Platform and/or Services, and the data you extract through them, complies with applicable laws and does not infringe the rights of any third party. Should the extracted data include sensitive, confidential, or copyright-protected material, you must not breach such rights in any way. If you do so, you shall be fully liable for any such breach and solely responsible for compensating any damages incurred by and/or any claims brought by affected third parties. Degaus shall not be liable for any breach of third-party rights arising from your use of the Website, Platform, or Services.
You may not take any actions which could lead to unauthorised use of the Platform or Services. Prohibited actions include, but are not limited to, circumventing, disabling, or interfering with any mechanisms designed to protect our rights or identify our intellectual property (e.g., our logo or other designations).
You may not allow any third parties to use and/or access the Platform or Services via your user account. Use of the Platform and Services is only possible under the license granted by us in these Terms. Should you take unauthorised actions, you agree to compensate us for any damages incurred as a result.
Furthermore, during the use of the Website, Platform, and Services you must not use them in violation of our Acceptable Use Policy.
You acknowledge that the Website, Platform, or Services may not be continuously available. We may perform planned or unplanned downtime to conduct inspections, maintenance, updates, or replacements of hardware or software. Availability may also be affected by other factors, including but not limited to power cuts, network failures, failures caused by third parties, or events of Force Majeure. We shall not be liable for any limitation of availability of the Website, Platform, or Services.
Where we facilitate access to services provided by third parties, you are obliged to adhere to the terms of use of those respective providers.
 
  1. Liability
We are not obliged to verify the manner in which you or other users use the Website, Platform, 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 any necessary permissions to use them on the targeted websites and/or other data sources.
We shall not be liable for the outcomes of any activities for which you use our Website, Platform, or Services. If a third-party service or product is accessed through the Platform, we shall not be liable for such service or product, its functioning, or the manner and consequences of its usage.
We shall not be liable for any unlawful actions you commit in connection with your use of the Website, Platform, or Services with respect to third parties (e.g., infringement of intellectual property rights, breach of contractual terms of other websites or services, unfair competition, or misuse of data).
We shall not guarantee or be liable for the continuous availability of the Website, Platform, or Services (or products arising therefrom) or for their performance, reliability, or responsiveness. We shall also not be liable for the functionality or availability of services of other providers that we merely facilitate access to. We shall not be liable for your breach of service usage terms of such providers.
 
  1. Warranty
WE MAKE NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY, OR COMPLETENESS OF THE PLATFORM, SERVICES, OR ANY CONTENT. WE DO NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE WEBSITE, 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, OR 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, PLATFORM, 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, SERVICES, AND ALL CONTENT ARE 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.
We shall not be liable for any defects of the Website, Platform, or Services arising due to unauthorised interference with them, or due to your use of the Platform or Services in a manner contrary to these Terms. We shall also not be liable for errors or failures arising from changes made to third-party websites or data sources from which information is extracted.
 
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 THESE TERMS 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 has agreed to these Terms in reliance 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 its reasonable control, including but not limited to governmental action, natural disasters, acts of terrorism, labour disputes, internet or network failures, and power outages.
 
  1. Indemnification
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. 9. 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.
 
  1. Payment
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 (the price of the ordered license and the price of the ordered Service collectively as the “Fees”) shall be deducted from the card.
Unless agreed otherwise, you shall pay the Fees on a monthly or yearly basis or another basis selected when making the order (the “Billing Period”). The Billing Period shall commence on the date of your first payment. The Fees are payable at the first date of the Billing Period. You agree that the Fees 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.
VAT shall be added to the Fees payable in the amount stipulated by the respective tax laws.
We shall not refund any Fees 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.
 
  1. Personal Data Protection, Commercial Offers, Confidentiality
Personal Data Protection is regulated by the Privacy Policy.
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 (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.
 
  1. 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 10, 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;
  • Should you breach these Terms and/or Privacy Policy in any way whatsoever (including, but not limited to, the breach of our Copyright, terms of the provided license, terms of use of the Website, Platform or Services, or should you create more than one user account without our prior written consent)
When terminating the license agreement or cancelling 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 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. 10, 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.