These Phantombuster Terms of Service (the "Terms of Service") rule the relationship between Phantombuster, a French Société par Actions Simplifiée with a share capital of 54.600 euros, registered with Company Register of Créteil under the number 818 723 629, having its registered address at 22 rue Pierre et Marie Curie – 94200 Ivry-sur-Seine ("Phantombuster") and any person registered in its own name or in the name and on behalf of a legal entity (the "User") willing to use the platform, dedicated to the creation of bots, developed by Phantombuster accessible at the address https://phantombuster.com (the "Platform").
Would the User be a legal entity allowing its employees, delegates, directors and/or subcontractors to access the Platform, these persons are hereinafter referred to as the "Developers". In such a case, the User undertakes to bring these Terms of Service to the attention of the Developers. It guarantees that the Developers will comply with these Terms of Service and, in any case, further guarantees Phantombuster for any breach by a Developer of these Terms of Service. Within these Terms of Service, any reference to the User shall be construed as entailing all or part of the Developers depending on such User.
These Terms of Service define the conditions under which the User and/or the Developers can use the Platform provided by Phantombuster.
In order to register on the Platform, the User must complete every field of the registration form with full and accurate information. All data the communication of which is mandatory are identified as such when the User subscribes.
The User represents and guarantees that s/he will be using the Platform in the course of its professional activity and, as a consequence, s/he shall not be considered as a consumer under applicable law.
In case of an incomplete or erroneous declaration the User’s account may be deactivated, as of right, without notice and without further formality and the User acknowledges that Phantombuster shall not be held liable for any of the consequences that may arise from such an erroneous or incomplete declaration.
The creation of a User account is done by using an e-mail address the User communicated to Phantombuster and the password he chose (for security and confidentiality reasons, it is recommended to the User to select a password composed of several types of characters and modify it on a regular basis) or through a third-party connexion module.
The personal account of each User allows him/her to update its personal details.
The login name and password are personal and should not be disclosed to third parties. All uses of the Platform done using the login name and password of the User shall be deemed to have been performed by said User. In case of disclosure of the User’s login name and password, contact email@example.com as soon as possible to disable your login name and password.
Concerning the use of the Platform, Phantombuster:
Makes available to the Users two documented "libraries": Buster.js to monitor data hosted on PCS and Nick.js for the simplified coding of Robots (hereinafter together the "Framework") together with various APIs (the "APIs"), the purpose of which is to simplify the creation of automatic or semi-automatic software agents that will interact with computer servers (the "Robots");
Allows users to execute Robots from the Platform;
Hosts data collected, as applicable, using Robots ("Collected Data") on the Platform.
The functionalities of the Platform and the conditions for their use by the User and/or Developers are set out in the document available at the address http://docs.phantombuster.com (the "Documentation").
The APIs allow the User and Developers to connect to the Platform, execute Robots from the Platform and/or consult the Collected Data. Operation of the APIs is described more fully in the Documentation. The User acknowledges and accepts that the APIs are subject to the same rules for use as the Platform.
According to the choices made by the User, the Collected Data may be hosted on the Platform or on a third-party server designated by the User. If the Collected Data is hosted on the Platform, the User can export all or part of its Collected Data, at any time, on condition that all invoices that have been sent by Phantombuster up to that date have been paid in full.
The Platform and, as applicable, the Collected Data, are hosted on the infrastructure defined and made available to the User by Phantombuster, designed and sized at the discretion of Phantombuster. This technical infrastructure may be shared by several of Phantombuster’s Users. Unless expressly agreed between the Parties, Phantombuster undertakes to host the Platform, including the Collected Data, on servers located in a country member of the European Union.
In any case, Phantombuster has, a priori, no control over the Robots, the Collected Data, the operations carried out and/or other content of Users on the Platform.
However, Phantombuster undertakes to respond promptly to any request for use of the Platform that is obviously illegal and that would breach the rights of a third party. To this end the User (i) acknowledges and accepts that its use of the Platform may be immediately suspended, temporarily or definitively; and (ii) guarantees Phantombuster for any harm, expense or prejudice that such a use of the Platform could create for it.
Intervention by Phantombuster on the Platform is strictly limited to: (i) those operations necessary for the provision of developments ordered from Phantombuster by a User; (ii) maintenance and/or support required to keep the Platform operational; (iii) deleting obviously illegal content hosted on the Platform and of which Phantombuster has been made aware.
Access to and use of the Platform are offered by Phantombuster at the prices featured on the relevant page, which can be found at the address https://phantombuster.com/pricing (the "Subscription"). Some Subscriptions (and in particular free Subscriptions) are subject to certain usage restrictions (e.g., execution time of the Robot on the Platform, volume of Collected Data, export of Collected Data), which are set out on the Subscription page.
The User takes out a Subscription for the period that is defined at the time said Subscription is taken out (the "Initial Period"). At the end of the Initial Period, and of each successive Subscription period, the Subscription will be automatically renewed for the same period of time, except in case of early termination under the conditions set out in these Terms of Service. Phantombuster invoices the Subscription monthly, in arrears.
The cost of the Subscription is liable to be given in Euros (€), American Dollars ($) and/or Pound Sterling (£), including all applicable taxes (depending on the regime that applies to the User) and is applicable from the date on which the User order is validated.
Orders can be paid on line using a credit card, through the Stripe platform.
The user guarantees to Phantombuster that it has the necessary authorisation to use the payment method that it selected when validating the order. The purchase will be debited from the User’s account at the time the order is processed. Phantombuster will take all necessary steps to ensure the security and confidentiality of data provided online. The transaction will be processed on the Stripe platform, which alone will have access to the credit card details provided on the Platform at the time of payment. Phantombuster reserves the right to suspend the processing of any order and any delivery if credit card payment authorisation is refused by an officially accredited organisation or in case of non-payment. When the payment method has been selected, the User must pay for the order using the secure Stripe interface, which will legally finalise the purchase agreement that it has made with Phantombuster. On-line provision of credit card details and the final validation of the order by the User constitute proof of order and all sums due for the products selected in the order will become payable.
In case of failure to pay a subscription instalment, the User’s access to the Platform will be immediately suspended.
Phantombuster grants to the User a personal, non-exclusive, non-transferable, without right to sub-license, right to use the Platform in the entire World, as long as the User’s account is active on the Platform.
The User shall refrain itself, directly or indirectly, and shall refrain any person that is to use the Platform on its behalf (including its employees, agents, business partners and sub-contractors), unless with Phantombuster’s prior express written consent, from:
decompiling, disassembling the Platform, carrying out reverse engineering to create products derived from the Platform or attempt to discover or re-create the source code, the ideas on which it is based, the algorithms, file formats or programming or inter-operational interfaces of the Platform except within the limits of the rights granted under article L. 122-6-1 of the French Intellectual Property Code, in any way whatsoever. If the User should wish to obtain information to allow the Platform to interact with another software, the User undertakes to request such information from Phantombuster, which may provide the User with the required information, subject to payment by this latter of the associated costs;
fixing, alone or with the assistance of a third-party provider, any defect of the Platform in order to have it conforming to its destination, Phantombuster exclusively reserving this right in accordance with article L. 122-6-1 I 2° of the French Intellectual Property Code;
suppressing or deleting any reference or label related to the intellectual property rights of Phantombuster and/or of any third party;
transfering, using or exporting the Platform in violation of applicable legislation;
integrating or combining the Platform with other software or documents or creating compoPlatform or derivative work using whole or part of the Platform;
performing any use of the Platform than those allowed under these Terms of Service.
In using the Platform, the User undertakes to comply with applicable legislation.
In the absence of the prior written authorisation of Phantombuster, it is prohibited:
To publish or to transmit, on or using the Platform, content of an illegal, threatening, humiliating, defamatory, obscene, hateful, pornographic or blasphemous nature, or any other message that could constitute a crime or an offence, that could incur civil liability, breach legislation or incite others to do so, or content that could be used for any purposes that are contrary to law or to these Terms of Service of use;
To use the Platform in such a way as to, from our point of view, either negatively impact the performance or the functionalities of the Platform, or of any other computer system or network used by Phantombuster or by any other third party, or negatively affect Platform Users;
To download or transmit onto the Platform or use any hardware, software or routines containing viruses, Trojan horses, worms, time bombs or other programs and processes designed to damage, interfere with or attempt to interfere with the normal operation of the Platform, or to appropriate the Platform, or to resort to any means whatsoever to saturate our systems or breach third party rights;
To create and/or use any Robot with a view to a use contrary to applicable legislation and/or breaching third party rights or which invites involvement in any activity whatsoever that is contrary to applicable legislation and/or which breaches third party rights, and in particular collection. To this end the User shall not, in particular, in using a Robot, (i) collect personal data in breach of the rights of the person in question; (ii) reproduce or represent a work of art without the author’s permission; (iii) extract a substantial (in terms of quality and/or quantity) part of a database; (iv) access confidential information without permission; (v) carry out any other act and/or promote any behaviour that would be contrary to these Terms of Service of use of a Platform which the Robot accesses.
You are reminded that articles 323-1 and following of the French Penal Code provide for sentences of up to five (5) years in prison and fines of up to 150 000 Euros for the following:
Fraudulently accessing and remaining in an automated data processing system;
Fraudulently deleting, modifying or adding data into that system;
The fact of obstructing such system.
The User, in the course of its activities via the Platform, is likely to put into place a system of automatic personal data processing within the meaning of law n°78-17 of 6 January 1978 on Data Processing, Data Files and Individual Liberties. Where applicable, it wishes to entrust the technical aspects of this data processing, if performed through the Robots, to Phantombuster under the conditions defined in these Terms of Service.
Each Party undertakes to comply with the applicable provisions of the aforementioned law. In particular, in accordance with article 34 of the aforementioned law, Phantombuster shall take and maintain all necessary measures, and in particular the appropriate technical and organizational measures to ensure the safety and confidentiality of the personal data that the User has entrusted to it for the provision of the Service, in order to prevent it from being deformed, altered, damaged, distributed, or accessed by unauthorized parties.
In any case, Phantombuster undertakes to comply with the applicable statutory provisions relating to the processing and/or purpose of use of personal data that has been transmitted to it by the User or to which it may have access in supplying the Service.
In particular, Phantombuster undertakes to act only upon the User’s instructions in processing the personal data in question. Especially, Phantombuster undertakes, for the duration of these Terms of Service and beyond, not to use the personal data that it has collected or to which it has had access during the performance of these Terms of Service for any purposes that are contrary to these Terms of Service, in accordance with applicable statutory provisions, and only to transfer such data to third parties as indicated by the User. Phantombuster undertakes only to use the personal data that has been collected or to which it may have had access for the sole purpose of supplying access to the Platform to the User.
In any case, Phantombuster undertakes to process the Collected Data for the account of the User and never to cross reference, compare, merge or use in any way whatsoever the Collected Data with the data of any other User.
Phantombuster, in its relationship with the User, will, for its own account, process personal data related to the User, those data being (i) communicated by the User at the time of his/her registration or (ii) later on through its personal account on the Platform.
The data which the communication to Phantombuster is mandatory are identified as such from his/her registration and/or at the time of Subscription.
Unless upon request or with the express consent of the User and in strict compliance with its directives, Phantombuster will not proceed with any other personal data processing other than those describes in this Article 7.
Personal data gathered by Phantombuster are processed for the following purposes:
Access to the Platform, including development of Robots and hosting of Collected Data;
Sending, through emails, of information related to products and services similar to those offered by Phantombuster;
Sending, through emails, of messages, news or letters from Phantombuster; and
Any other use allowing the improvement of the Platform and/or any other services provided by Phantombuster.
All personal information that you provide to Phantombuster is strictly confidential.
Such information is required for the purposes of using the Platform.
The User benefits from a right of access, modification, deletion and opposition regarding the personal data processing controlled by Phantombuster. To exercise any of those rights, the User shall use the management account tool provided to him/her or write to firstname.lastname@example.org, mentioning his/her names, surnames and email address. At any time the User may access to his/her personal data and update those or delete his/her account and the personal information attached to it by using his/her login and password.
In accordance with law n°78-17 of 6 January 1978 on Data Processing, Data Files and Individual Liberties, handling of personal data by Phantombuster has been the subject of a declaration at the Commission Nationale de l’Informatique et des Libertés (French Data Protection Authority).
User-related data are kept for the duration of the contractual relationship between the User and Phantombuster and one (1) year as of the cessation of the relationship between the Parties, for any reason whatsoever.
Upon expiry of this one(1)-year period, the termination of the User’s account triggers the deletion of all personal data related to the relevant User, to the exception of the data which conservation is required so that Phantombuster complies with its obligations under applicable law (e.g., identification of contents’ authors).
In certain specific circumstances Phantombuster may be required to disclose your personal information, where such information is requested by the judicial authorities.
Your personal information, and in particular email addresses, are not rented, sold, exchanged or shared with any other service providers if you have not expressly accepted to receive promotional offers from other companies likely to be of interest to you.
Apart from generating statistics on Platform use, these traffic analysing cookies will also, in association with certain types of advertising cookies (used on third party Platforms and/or contents when the User accesses them), deliver more relevant Web advertising.
For business purposes Phantombuster collects, handles and stocks statistical data on Platform use and on Developers’ activities.
This information may be transmitted to third parties, is anonymous and does not reveal in any way whatsoever your identity, even indirectly.
The User may terminate his/her Subscription by sending an e-mail to email@example.com. The termination of the Subscription shall be effective upon expiry of the on-going Subscription period.
Would s/he wish so, the User may request that Phantombuster deletes its account.
Phantombuster reserves the right to (i) suspend access to the Platform or to certain functionalities of the Platform, or to (ii) terminate the account of the User by right, without notice, with no further formalities and no indemnity being due, by electronic mail or by regular mail, in the following cases:
The User has been using the Platform in a way which is contrary to public order and decency;
The User has breached the intellectual property rights of Phantombuster and/or a third party;
Loss, misappropriation, unauthorized or fraudulent use of a user name and password by the User;
Conception, use or provision via the Platform of any content that is unlawful or in breach of these Terms of Service.
If an account is terminated the User may no longer use the Platform from his/her account, which will be closed.
Phantombuster reserves the possibility to interrupt, at any time, temporarily or permanently, access to the Platform. In case of a definitive interruption, the User will be informed by any means that should be deemed appropriate by Phantombuster.
Phantombuster shall under no circumstances be held liable to the User, a Developer or to any third party for the termination and/or suspension of the User’s and/or a Developer’s account under the conditions set out in this article.
The Parties expressly agree that Phantombuster is acting as a hosting provider for the contents and, as such, it has no general obligation to monitor the contents that is made available and/or broadcasted from its Platform.
To the full extent permitted by applicable law, Phantombuster expressly waives all warranties towards the Users. Phantombuster does not guarantee that there will be no bugs and, as a consequence, does not guarantee that use of the Platform will be uninterrupted and error-free. The User acknowledges in particular that Internet transmissions are not secured and may be delayed, lost, intercepted, corrupted, and that confidential information is transmitted over the Internet by the User at his/her own peril.
To the full extent permitted by applicable law, the User acknowledges that the Platform is provided "as is" and as such Phantombuster shall not be liable for any damage, direct or indirect, whatever the grounds, which may have been suffered by fact of using the Platform, and therefore waives any claim for compensation. If Phantombuster should be ordered to pay a financial penalty for any reason whatsoever, the Parties expressly agree that the amount of said penalty shall not exceed the amount of the sums actually paid by the User during the last six (6) months of Subscription, which the Parties agree would be a fair amount in view of their respective undertakings in these Terms of Service.
Within the limits permitted by applicable statute, the User may only hold Phantombuster liable for breach of these Terms of Service for a period of one (1) year from the date at which the breach in question arose, which the User specifically acknowledges and accepts.
The Platform is the exclusive property of Phantombuster, in particular as regards the APIs, as well as the various components of the Framework.
All content that has not been put on line by the user, and in particular, all data, functionality, text, names, designations, images, photographs, graphics, trademarks, sounds, is the exclusive property of Phantombuster or its licensees. These General Terms and Conditions shall not be construed as transferring any one of Phantombuster’s rights. Not one of these elements may be downloaded, copied, modified, deleted, distributed, transmitted, broadcast, sold, hired, granted or used in any way whatsoever, without the prior written express agreement of Phantombuster or its licensees.
It is specifically prohibited to extract, by permanently or temporarily transferring all or a qualitatively or quantitavely substantial part of the contents of the Platform database onto a different support, by any means and under any format whatsoever.
The Robots developed by the user from time to time are the exclusive property of such User, without Phantombuster being able to claim any rights to such Robots.
The User is authorized to Used Robots in relation to the Platform, provided that such use (i) does not lead to the creation of one or several user accounts on the Platform; and/or (ii) cannot be considered to be an Intrusion Test.
An "Intrusion Test" shall be deemed to be any software tool (including in particular but not limited to Loadrunner, Winrunner, Silk performer, Rational Robot, QALoad and WebLOAD) designed to automatically emulate the actions of a human and used for data entry, data migration, load tests, performance tests, performance control, performance measuring and/or "stress tests".
The User guarantees Phantombuster from any harm, loss, actions, outlay, decisions or costs (including any compensation that may be awarded to a third party, in particular clients of Phantombuster) associated with the non-availability, a production incident or any other technical difficulty that may arise at a time when the User was conducting an Intrusion Test.
In accordance with the provisions of article 6, I, 7° of law n° 2004-575 dated June 21 2004, Phantombuster has no general obligation to monitor the information that it hosts on the Platform.
If the User should find that content put on line on the Platform and/or accessible via a hypertext link breaches applicable statutory or regulatory provisions, and in particular constitutes obviously unlawful content (e.g., infringing of a third party’s rights, defamatory), the User can notify Phantombuster by sending an e-mail using the form available on the Platform or by using the signalling tool made available in the profile pages.
The User must supply Phantombuster with all of the necessary information so that Phantombuster can identify the content in question and/or point it out to the editor or the administrator of the Internet Platform on which the unlawful content is broadcast, such as:
Name, surname, profession, home address, nationality, date and place of birth (for an individual) or company form, name, registered head office and legal representative body (for a company);
description of the disputed facts and their exact location;
the reason for which the content must be withdrawn, including reference to the legal and factual basis.
Phantombuster reserves the right, at any time, to modify these Terms of Service of use and sale as it may deem to be necessary and useful.
If any modification of these Terms of Service arises, Phantombuster undertakes to submit the new Terms of Service to the User’s acceptance the next time said User connects to the Platform.
The User will be able to access them through his personal account and on the Platform.
Any User who does not specifically accept the new Terms of Service may terminate his account in application of these Terms of Service’ Article 9 stipulations.
Neither Party shall be held liable if the performance of its obligations should be delayed, restricted or made impossible by virtue of a case of force majeure, as defined by case law, or in case of accident (hereinafter "Force Majeure"). The Parties expressly agree that the provisions of this article 11.2 shall not apply to payment obligations.
The following events shall be deemed to constitute a case of Force Majeure (without purporting to be an exhaustive list): war (declared or not); terrorist act; invasion; rebellion; blockade; sabotage or act of vandalism; strike or social dispute, total or partial, external to both Parties; bad weather (in particular flooding, storms and hurricanes); events declared as «natural disasters»; zombie invasion; fire; epidemic; transport or supply blockades (particularly energy); failure of electrical energy, heating, air conditioning supplies, of the telecommunication or data transport network; Pokemon uprising; satellite failure. If a case of Force Majeure occurs, the performance of the obligations of each Party is suspended.
If one or other Party fails to exercise any one of its rights under the terms of this Agreement whatsoever, this shall not be deemed to be a waiver of that right, such waiver only to be deemed to have been given when expressly declared by the Party in question.
Computerized records shall be kept in the systems of Phantombuster under reasonable security conditions and shall be deemed to be proof of exchanges, actions, orders and payments that have arisen on the Platform or via email.
Unless expressly stated otherwise, the Parties shall remain independent contractors and no provision of these Terms of Service shall be construed as creating between the Parties any partnership, company, nor any relationship of agent or commercial agent.
If one or more of the provisions of this Agreement should be held to be invalid by a competent court, the remaining provisions shall retain their scope and effect.
The provision that has been held to be invalid shall be replaced by another provision, the scope and meaning of which shall be as close as possible to the scope and meaning of the invalidated provision, in compliance with the applicable legislation and the mutual intent of the Parties.
These Terms of Service are governed by French law.
Any dispute related to the conclusion, the interpretation, the enforcement and/or the termination of these Terms of Service is submitted to the exclusive competence of the Paris Courts, notwithstanding plurality of defendants.