Terms of Service

These Terms govern your use of Scrape.ly, operated by TeraShift GmbH, Hauptstrasse 35a, 8272 Ermatingen, Switzerland. They contain limits of liability, an indemnity, automatic renewal, expiry of credit and a choice of Swiss law.

Key points. All purchases are final. Credit expires. We may change the Services and these Terms and may suspend or end your Account at any time. Our liability is limited, and you indemnify us. Creators get 80% of Actor Fees on 30-day holds. See sections 3, 4, 10, 15, 17, 18 and 19.

1. The agreement

1.1 Part of them

These Terms incorporate the Acceptable Use Policy, the Refund Policy (which includes the consumer withdrawal notice), the Privacy Policy and the Cookie Policy. Where a policy and these Terms conflict, these Terms prevail. Any terms of yours, such as purchase-order terms, do not apply.

The Privacy Policy also contains our processor terms, the Data Processing Addendum and the list of subprocessors, which apply automatically where your content includes personal data that we process for you. Sections 7 to 13 apply when you use the relevant feature.

1.2 How the contract is formed

The contract is formed when you create an account, or when you first use the Services without one, including by an x402 payment. By doing so you accept these Terms. Purchases of plans and additional credits are made with our reseller (section 4.1). As a Creator you also accept section 10 by accepting it in the dashboard or through the API, by publishing an Actor in the Store or by setting a price on one.

1.3 Parties

"You" means the person or organisation that creates or uses an account. If you use the Services for a business, you confirm that you may bind it. A "consumer" is a natural person acting mainly outside their trade, business, craft or profession; everyone else is a "business".

1.4 What the Services are

"Services" means the Scrape.ly website, the dashboard at my.scrape.ly, our cloud platform for running Actors, the Store, proxies, unblocking features, storage, AI features, the API, SDKs, CLI, MCP server, x402 payments and integrations. "Actor" means a program that runs on the platform, such as a scraper or automation. "Credit" means prepaid platform credit in USD. "Your Content" means everything you submit to or generate with the Services. "Creator" means a user who publishes an Actor in the Store. "Store" means the directory of public Actors with its search, ranking, listing and AI-recommendation features. "Actor Fee" means what a user is charged for a paid Actor, excluding platform usage. "Earnings" means the Creator's share of Actor Fees under section 10.4. "Availability date" means the date an Earning becomes payable.

2. Your account

You must be at least 18 and have full legal capacity. You are responsible for everything done under your account, including by team members, scripts, AI agents and anyone using your credentials. Keep your password and API keys secret. We may rely on any instruction, run or payment made with your credentials. Each person or organisation may hold one Free plan account and one Creator account. Tell us without delay at security@scrape.ly if you suspect unauthorised access.

You confirm that neither you nor, if you are a business, any of your owners or controlling persons is named on, or controlled by anyone named on, a sanctions list of Switzerland (SECO), the EU, the UK, the UN or the USA, or is located or resident in a comprehensively sanctioned territory. You must not use the Services to evade sanctions or export controls, and must tell us if this changes. We may refuse, suspend or reverse any publication, monetization, Earning or payout where we believe proceeding could breach sanctions or export control law.

3. Plans, credit and charges

The Free plan includes promotional Credit of USD 5 per month, which has no cash value, does not roll over, and may be changed or withdrawn at any time. Paid Plans are currently Starter (USD 19), Scale (USD 199) and Business (USD 999) every 4 weeks, each including platform Credit of the same amount. Included Credit is granted for one billing period and expires at the end of it. Additional credits bought during a period expire at your next renewal date and are not refunded. Credit bought through x402 does not expire.

Usage and Actor fees are deducted from your Credit at the prices shown on the pricing page, in the Store or in the dashboard. Charges are due for runs and events that took place, even if the results do not meet your expectations, unless the run failed because of our fault. You are responsible for any spending limits you set. If your Credit runs out, runs may stop. We may change usage prices, Actor fees and what each Plan includes at any time (section 15).

4. Purchases, payment and renewal

4.1 Reseller

Plans and additional credits bought by card or PayPal are sold and invoiced by our reseller and merchant of record, PayPro Global. Your purchase contract for these is with PayPro Global, and its terms apply. PayPro Global collects payment and remits VAT. Your use of the Services remains governed by these Terms. x402 payments are made to us directly in USDC on Base.

4.2 Automatic renewal and trials

Paid Plans renew automatically every 4 weeks at the then-current price until you cancel. A free trial converts automatically into the paid Plan at the end of the trial unless you cancel before it ends.

4.3 Cancellation

You may cancel at any time in the dashboard under Billing, or by any clear declaration through the live chat or to support@scrape.ly. Cancellation takes effect at the end of the current billing period, when your account moves to the Free plan.

4.4 All sales are final

Except as stated in the Refund Policy, all purchases are final and not refundable. This includes plan fees, renewals, partially used periods, additional credits (used, unused or expired), expired included credit, and usage and Actor fees for runs that took place. The Free plan and its monthly USD 5 of Credit give you the chance to try the Services before you buy. Refunds are otherwise given only where we charged an amount in error.

4.5 Chargebacks

If you raise a chargeback or reverse a payment without first asking us, or a payment fails or is reversed for a reason you are responsible for, we may suspend or terminate your Account immediately and move it to the Free plan. The amount and any chargeback costs remain payable.

5. Your Content and data

You keep your rights in Your Content. You grant us a worldwide, non-exclusive, royalty-free, sublicensable and transferable licence to host, store, copy, process, transmit, display and adapt Your Content as needed to provide, secure and improve the Services, to comply with law and to enforce these Terms, and to have our providers do so. Where you make Your Content public, the licence includes showing it to others.

You decide what you collect and for what purpose, and you are solely responsible for Your Content, for having all rights, permissions and legal bases, and for complying with the law and with the terms of the sites your runs access. Where Your Content includes personal data, you are the controller and we process it on your instructions as your processor, under the processor terms in the Privacy Policy. Some Actors find or collect information about people; if you use them you are the controller of the results and must meet your duties to the people concerned. You must not use them to decide a person's eligibility for credit, employment, insurance, housing or benefits, to stalk, harass or expose anyone, or for any other unlawful purpose.

We are not a backup service. Keep your own copies. Results and logs are kept for the period of your Plan and then deleted, and may be deleted earlier if your balance is zero. Datasets, key-value stores and request queues are deleted after that period (or sooner from our backups).

6. Availability and support

We aim to keep the Services available but, except for the Business plan as set out below, do not commit to any availability level. Maintenance and failures of third-party sites may interrupt the Services. Support is through the live chat and support@scrape.ly. Response times are not guaranteed.

Business plan SLA. We will make the API (api.scrape.ly) available at least 99.5% of the time in each calendar month to an active, fully paid Business plan. "Downtime" means at least five consecutive minutes during which the API returns server errors or does not respond to substantially all valid requests, as measured by our monitoring. Excluded are announced and emergency maintenance, third-party site failures and blocking, run success rates and results, problems on your side, unpaid fees, beta and AI features, the dashboard and website, and failures of AI, payment or blockchain providers.

If availability falls below the commitment you get a service credit of that percentage of the Business plan fee for the billing period covering the month: 5% at 99.0% or above, 10% at 95.0% or above, 25% below 95.0%. Credits are platform credit, are not cash, cannot be transferred and expire like other credit. Claim within 30 days after the month ends with your account email, the times and any logs; later claims are excluded. Service credits are your sole remedy for a failure to meet the commitment, without limiting liability for unlawful intent or gross negligence.

7. AI features

AI features are the AI chat, AI steps in automations, the LLM gateway and the MCP tools used by AI agents. The AI chat is an AI system: when you use it you interact with a machine, not a person. Model usage is charged from your Credit at provider cost plus our markup. Free plan accounts may have a daily limit.

Outputs are generated automatically and may be inaccurate, incomplete, out of date or inappropriate, even when they appear confident. Check them before relying on them; they are not professional advice. The AI chat may start runs on your behalf without asking you when the expected cost is USD 3 or less, and there is no default spending cap for runs it starts. Those charges are final unless the run failed because of our fault, and a run the AI chat starts counts as started on your instructions.

We send your inputs and context to third-party AI model providers through a routing provider, which may process and retain them under their own terms, including outside Switzerland and the EU. We do not train models on your content. We store chat transcripts with credentials removed, to operate, secure, support and improve the Services and to investigate misuse.

You must not use the AI features for a practice prohibited by Article 5 of the EU AI Act; use outputs to train models where the provider forbids it; make the features ignore their safeguards, including by prompt injection; or present outputs as human-generated where the law requires disclosure.

8. API, MCP, agents and x402

API keys and tokens give access to your Account within their permissions. Keep them secret, do not embed them in public code, and tell us at security@scrape.ly about a suspected exposure. You are responsible for everything done with them and we may revoke keys we believe are compromised. Limits and quotas depend on your Plan and may change; you must not circumvent them. Our SDKs are licensed under their own terms.

The MCP server and API may be used by AI agents and other programs. An agent using your credentials or paying from your wallet acts on your behalf; you are bound by these Terms for everything it does and liable for its charges and actions, whether or not you reviewed them.

x402. AI agents can pay through x402 in USDC on Base, using Coinbase's facilitator. The first payment from a wallet creates an Account linked to that wallet; further payments add credit. By paying you accept these Terms and the Acceptable Use Policy, for yourself and for whoever operates the wallet. x402 accounts are business-only. One USDC becomes one USD of Credit, which does not expire, has no cash value and is not refundable except where we charged in error. Blockchain transfers are final; you bear wallet, key, network and fee risks; and we may block a wallet or payment where we suspect fraud, sanctions issues or a breach. Do not resell access to the Services as your own without our written consent.

9. The Store, ranking and reviews

We sell access to Actors in our own name. When you run an Actor published by a third-party Creator, you contract with us, not with the Creator. Creators are responsible for their Actors under section 10. Actors, and the third-party websites they access, may change, fail or return incomplete results at any time. We do not control them.

Actors are published either by us, directly or under our studio brands whose profiles say "A Scrapely studio" ("Scrape.ly Actors"), or by independent Creators. In the default order, Scrape.ly Actors come first, which is the strongest parameter, and popularity decides the order within each group, measured mainly by the number of users who ran the Actor in the last 30 days. In search, match with the query decides first, Scrape.ly Actors come first among equally matching Actors, and popularity decides within those groups. If you choose a sort, that criterion alone decides. The AI chat may prefer Actors we maintain. Nobody can pay for a better position.

Store pages show how many users ran an Actor recently, from actual runs. Only a user who has run an Actor from their own account can rate or review it; the rating shown is the average of the stars given, and reviews are the reviewer's opinion, not ours. Creators must not review their own Actors, solicit or reward reviews, or review competitors. We may hide or remove reviews that breach our rules or the law, but not merely because they are negative. Report a review through the report option, by live chat or at abuse@scrape.ly.

10. Creator terms

10.1 Who can be a Creator

You must be 18 or over, hold an account in good standing and have verified your identity (section 11). One Creator account per person or organisation; you must not use extra accounts to avoid a suspension, review rule or payout limit, or to inflate statistics or generate Earnings from your own usage. You must give us accurate, current details, including your public profile, payout details and tax status, and must not impersonate anyone. You are responsible for everything done under your account and with your keys.

You warrant, on acceptance and continuously, that you may enter into these Terms and grant the licences in section 10.9; that your Actors and Store listings infringe no third-party right and comply with these Terms and the law; that they do what their listing says and contain no malware; and that you comply with the tax, data protection, sanctions and export control law that applies to you.

10.2 Publishing, checks and review

You ask for publication by marking an Actor public. Publication is not a right. Automated checks require a verified identity, a name, a title of 3 to 100 characters, a description of 20 to 500 characters, a README of at least 300 characters, 1 to 3 categories, a successful build, an input schema, a supported base image and valid pricing, and for paid Actors that monetization is not suspended and your profile is public. Passing the checks means we have not reviewed you.

Your listing must be accurate, explain what the Actor does and what you charge for, disclose known material limitations, any transfer of user data off the platform and any third-party account a user must pay for. We may edit or reformat listings for presentation. We may review any Actor or pricing change at any time. Currently a pre-publish review applies to an Event priced above $1, a first paid Actor from an account younger than 30 days, an Actor wanting full permissions, and accounts with a previous takedown or rejected review. We may approve, reject or ask for changes and will give the main reasons. Approval does not confirm lawfulness.

You must keep published Actors working, mark them "Under Maintenance" or "Deprecated" if they stop, not keep charging for a broken Actor, charge only for work actually performed, respect spending caps, use resources in proportion to the work, and answer Issues within 7 days. We may test public Actors and inspect their code.

10.3 Pricing

An Actor may be free, in which case users pay only platform usage, or pay per event, in which case users pay platform usage plus your prices. You set your prices; no single Event may currently exceed $100. You choose per Event whether Store plan discounts apply. A price decrease, removed Event or switch to free takes effect immediately. A price increase, new paid event or pricing-model change takes effect 14 days after it is announced, where the Actor has paying users; otherwise immediately. You may change price at most once per 30 days per Actor.

You must not steer users to pay you outside Scrape.ly for what the Store provides, unless you disclose a genuine third-party service you do not operate.

10.4 We are the seller and your share

We sell access to your Actor in our own name and are the seller of every Actor Fee. Users pay us, not you; we alone set the terms of sale, handle billing and decide refunds and disputes. In return we credit you with 80% of the Actor Fees paid with credits a user bought with real money, after plan discounts. You get nothing from free, trial, promotional or other unbought credits, from platform usage, from taxes, or from Actor Fees later refunded, credited, charged back or found fraudulent. We bear the payment processing costs. Our Ledger records are conclusive except for manifest error; dispute an entry in writing with details within 30 days, or it is deemed accepted. We may correct entries, including by negative adjustment.

10.5 Earnings, holds, reversals and forfeiture

Your Creator balance has a pending and an available part. Each Earning becomes available 30 days after it is earned, or 14 days after where you have already received a paid payout, your account is at least 60 days old, monetization is not suspended and you have no takedown or rejected review on record. We may extend a hold while we investigate suspected fraud, abuse, chargebacks, sanctions issues or breach. Refunds, chargebacks and fraud reverse the matching Earnings, even after they were available or paid out.

We may forfeit, reverse or cancel Earnings and payouts that in our reasonable assessment result from breach, fraud, abuse, manipulation, self-dealing or sanctions issues, or that we may not pay for legal reasons. Reversals may make your balance negative; future Earnings then offset it, we may set off anything you owe us, and we may demand repayment if the balance stays negative for more than 180 days. Your balance bears no interest and is not a deposit or held on trust.

10.6 Payouts

Payouts are not automatic. Request one in the dashboard when your available balance reaches USD 25 for crypto or PayPal, or USD 500 for a bank transfer. Your first payout is capped at USD 500. One request at a time; the amount is reserved when you ask. Every request is reviewed by a person, with no fixed processing time, and we may ask for more information or reject it with the main reason. Earnings and payouts are in USD, and you bear all costs of receiving a payout, including network, bank and conversion fees. A payout sent to the destination in your payout details is final and discharges us, even if the details were wrong or the wallet was on the wrong network.

10.7 Payout details

Before any payout you must give your legal or company name, address, tax details and a payout destination, and keep them accurate. You are responsible for their correctness and for the destination belonging to you. A new or changed destination cannot receive a payout for 72 hours, with a notification to your account email on every change. We may require further verification or screening at any time.

10.8 Self-billing and taxes

You agree that we issue a credit note in your name for each payout, listing the amount, date, reference, masked destination and your details at the time. Dispute it in writing within 30 days or it is deemed accepted, and do not issue your own invoice for a covered amount. Tell us your VAT or GST status and number and keep them current. Unless agreed otherwise your Earnings include any VAT or similar tax, and you are solely responsible for your taxes, duties and contributions. We withhold and report what the law requires, and amounts withheld count as paid.

10.9 Licence from you

You grant us and our affiliates a worldwide, non-exclusive, royalty-free, sublicensable and transferable licence to host, store, build, cache and run your Actors; to make them available to users through the Store, the platform, the API, the MCP server, the AI chat and integrations; to display, format, excerpt, edit, translate and adapt your listing and public profile, including thumbnails, previews and icons; to use your name, username, logo, Actor names and listings to market the Store and us in any media; to inspect, scan, test and analyse your Actors, including source code, to operate and improve the platform, ensure security and enforce these Terms; and to sublicense users the right to run your Actors and use the output. The licence lasts while the Actor is published and after that as long as we need it to wind down access, keep records and comply with law, and is irrevocable for marketing material already created and for users who already obtained access or results. Users may run your Actor and use the output for any lawful purpose, and you may not impose extra terms on them for doing so. You must have all rights in any third-party component you include.

10.10 Enforcement and appeals

If we reasonably consider that you, your listing or your Actors breach these Terms or the law, or put users, third parties or the platform at risk, we may reject or require changes, lower ranking or apply a label, unpublish, take down, revert pricing, suspend monetization, hold, reverse or forfeit Earnings and payouts, or suspend or terminate your Creator status. When we restrict, suspend or remove something we give a statement of the facts and grounds, at the latest when the measure takes effect, and tell you how to appeal; we need not give reasons where the law prevents it or where you have repeatedly breached these Terms. Appeal within 30 days to creators@scrape.ly. We consider appeals and answer with our reasons; if the measure was unjustified we reverse it. A measure stays in place while we decide.

10.11 Creator termination

You may stop being a Creator at any time by making your Actors free and unpublishing them. We may end your Creator status or the paid programme for any reason on 30 days' notice, and immediately for a serious or repeated breach, fraud, sanctions issues, a legal requirement or a serious risk. If we terminate for breach, fraud, abuse or sanctions, all unpaid Earnings are forfeited to the extent the law allows; otherwise we pay out your available balance above the minimum on your request. If you delete your account, all unpaid Earnings are forfeited and your payout details erased; request any payout first. We decide whether existing users may keep running a removed Actor, and you must not prevent it.

11. Identity verification

You must verify your identity before publishing any public Actor and before any payout. We may require verification again, or more documents, when you change a payout destination, when your details change, when risk signals suggest fraud, or when the law or a payment provider requires it. Verification runs through our provider Didit: we send it your name and email, and you photograph a document and take a selfie or liveness check. Didit compares your face with the document photo and tells us the result; a person may review a case that is not conclusive.

The face comparison processes biometric data, which we process on your explicit consent given in the flow and withdrawable at any time with effect for the future at privacy@scrape.ly. Verification is a condition for publishing and being paid. Didit keeps your images and captures; we keep only the status, provider, date, session reference, any decline reasons and the document type and country. Records are kept while your account exists and afterwards as needed for accounting, fraud prevention and legal defence. If a decision based solely on automated processing prevents you publishing or being paid, you may ask for a review by a person at creators@scrape.ly. Our processing is described in the Privacy Policy.

12. Affiliate program

Once we approve your application, you earn 20% of the net plan fees a customer you referred actually pays during the first 12 months after their first paid plan purchase. A referral counts only if the customer signs up through your link within 30 days of the last click, is new to Scrape.ly and Evomi, and our records attribute it to you; where more than one affiliate referred them, the last valid click wins. Our records are conclusive except for manifest error; dispute within 30 days. No commission is earned on anything other than plan fees, after the 12 months, or from accounts you control.

Commission becomes available 30 days after the payment it relates to, is paid on request once a month at the same minimums as section 10.6, and may be reversed if the underlying payment is refunded, credited, charged back or found fraudulent. You bear payout costs. You must disclose the affiliate relationship, keep your promotion accurate, follow our brand rules, and must not refer yourself, bid on our marks in paid search, send spam, make unauthorised claims, use coupon or cashback sites without approval, or use cookie stuffing or forced clicks. Breach lets us reverse or forfeit the connected commission and end your participation. We may change these rules on 15 days' notice, and either of us may leave at any time; we may also end it immediately for breach or fraud. Commission available when it ends is paid out, and commission connected with fraud or breach is forfeited.

13. Brand and marks

"Scrape.ly", "Scrapely", our logo and our studio brand names are our trademarks. You may refer to us by name to say accurately that your product or Actor works with us, link to us, and make accurate factual statements, using the unmodified logo at no more than the size of your own, without asking. You must not suggest sponsorship, endorsement or partnership we have not agreed in writing; use a confusingly similar name, handle, domain or Actor name; use our marks as part of your own name; modify the logo; bid on our marks in paid search or use them in ad text or display URLs; or present yourself as us or as our agent. The Acceptable Use Policy and section 12 add to this for affiliates.

14. Intellectual property

We and our licensors own the platform, the Services, our Actors, our software and our brands, and we own the Store as a compilation and all statistics generated by operating it. Subject to these Terms we grant you a non-exclusive, non-transferable, revocable right to use the Services during the contract, and you may use run results for your own purposes, subject to third-party rights. You must not copy, modify, decompile or reverse engineer the platform, resell or sublicense access, or use it to build a competing service, unless the law allows it despite this. If you send us feedback, we may use it freely.

15. Changes

We may change the Services, Plans, prices, credit rules, ranking parameters, Creator economics and these Terms at any time. Changes to these Terms take effect when we publish them at scrape.ly/legal or on a later date stated in them, and we tell you of significant ones by email or in the dashboard. If you continue to use the Services after a change takes effect, you accept it. A price increase for a paid Plan applies from your next renewal. A change to the Creator economics is notified at least 15 days in advance and never applies to Earnings already recorded; a Creator who does not agree may leave before it takes effect. This section applies to consumers as well as businesses.

16. Warranty

The Services, including our Actors and third-party Actors, are provided "as is" and "as available". To the extent permitted by law, we give no warranty, express or implied, including of fitness for a particular purpose, availability, accuracy or completeness of results, or that a run will succeed, and any statutory warranty is excluded. A run that fails or returns incomplete results because a third-party site changed or blocked access is not a defect. If you are a consumer, the statutory rules on conformity of digital services apply, and the statutory remedies for a lack of conformity cannot be excluded; the preceding sentences apply otherwise.

17. Liability

17.1 Businesses

To the extent permitted by law, our liability for slight negligence is excluded, including for our auxiliary persons (Article 101(2) of the Swiss Code of Obligations). Where it cannot be excluded, our total liability for all claims in any one calendar year is limited to the lower of USD 100 and the fees you paid in the 12 months before the event, and we are not liable for indirect or consequential loss, lost profit or revenue, lost business or loss of data. We are liable without limitation for unlawful intent and gross negligence, and where liability cannot be limited by mandatory law.

17.2 Consumers

We are liable without limitation for intent and gross negligence, for death or personal injury, under a guarantee we have given, and under product liability law. For slight negligence we are liable only for breach of an essential contractual obligation and only for the typical, foreseeable damage. Otherwise our liability for slight negligence is excluded. These limits also apply to our employees, representatives and auxiliary persons. Where we are liable for loss of data, our liability is limited to what it would have cost to restore it from copies you should reasonably have kept.

17.3 Creators

As between us and a Creator, our total aggregate liability is limited to the lower of USD 100 and the payouts we actually made to you in the 3 months before the event, and we give no warranty that an Actor will be published, approved, ranked in any position or earn anything. Our obligation to pay Earnings that have become due is not limited by this. These limits apply also to the affiliate program, where the reference amount is the commission paid to you in the 12 months before the event.

17.4 Time limit

To the extent permitted by law, any claim against us must be brought within 6 months after you became aware, or should have become aware, of the facts giving rise to it.

18. Indemnity

You will defend, indemnify and hold harmless TeraShift GmbH, its affiliates and their directors, officers, employees and contractors against all third-party and authority claims and all resulting losses, fines, costs and reasonable legal fees arising out of Your Content, your use of the Services (including runs, Actors and agents under your account), the sites and data your runs access, your processing of personal data, your taxes, or your breach of these Terms or of any law or third-party right. For businesses this applies regardless of fault, except to the extent a claim is caused by our unlawful intent or gross negligence. For consumers it applies where you have culpably breached these Terms or the law. We may control the defence, and you must not settle a claim affecting us without our consent.

19. Suspension and termination

19.1 Businesses

We may suspend or terminate your Account, any Plan or any part of the Services at any time and for any reason, with or without notice. If we terminate a paid Plan without cause, we refund the unused part of the prepaid Plan fee for the current billing period pro rata.

19.2 Consumers

We may suspend or terminate your Account immediately for good cause, including a breach of these Terms, non-payment, an unjustified chargeback, fraud, misuse, a security risk or a legal requirement. Otherwise we may terminate with 14 days' notice for a Free plan and 30 days' notice for a paid Plan, taking effect no earlier than the end of the current billing period, and if a prepaid period is cut short we refund the unused part pro rata.

19.3 Effects

On termination your access ends and running Actors are stopped; unused Credit expires without refund, except as stated in this section and the Refund Policy; your account data and, after the retention period, your storages are deleted; backups roll off within 7 days; and billing and Creator Ledger records are kept as required by law, up to 10 years. You may ask us to delete your account through the live chat; we do so within one month. Sections 5, 10, 14, 16, 17, 18, 19.3, 20, 21, 22 and 23 survive.

20. Moderation and the DSA

We store content you provide, such as Actors, listings, profiles, reviews, issues and results, so we are a hosting service under the EU Digital Services Act. Our point of contact for authorities and users is dsa@scrape.ly, and our legal representative in the EU is named in section 23. Anyone may report content they consider illegal, including copyright and trademark infringements, to abuse@scrape.ly with a substantiated explanation, the location of the content, and their name and email. We confirm receipt, decide in a timely and objective manner, and tell you the outcome and how to ask for review.

If we remove or restrict your content or account because we consider it illegal or in breach, we give a statement of reasons with the facts, the ground and how to seek redress, unless we lack your contact details, the content is high-volume commercial content, or an authority ordered otherwise. Ask for review at dsa@scrape.ly within 6 months; a person, not only a tool, decides. We may suspend, after warning, users who frequently post manifestly illegal content or submit manifestly unfounded notices. We act on authority orders and inform the affected user where the law allows, and we tell the authorities if we become aware of a criminal offence threatening life or safety.

21. Confidentiality

Each party keeps the other's non-public information confidential and uses it only for the contract. As a Creator this includes product plans, review rules, fraud signals, security information, non-public Store statistics and user identities. The duty lasts 5 years after termination and longer for trade secrets and personal data. It does not apply to information that is public without breach, that was already lawfully held, or that must be disclosed by law.

22. General

Notices. We may notify you by email to your account address and in the dashboard, and notices are treated as received when sent. Legal notices to us go to legal@scrape.ly or our postal address; creator, payout and appeal matters to creators@scrape.ly.

Assignment. You may not assign these Terms without our consent; we may assign them to an affiliate or a successor.

Subcontractors. We may use subcontractors and service providers.

Force majeure. Neither party is liable for failure caused by events beyond its reasonable control, including natural disasters, epidemics, war, government action, sanctions, network, payment-provider or blockchain failures, and cyberattacks.

Independent contractors. Nothing here creates a partnership, agency or employment relationship, and as a Creator you may not bind us.

Language. These Terms are in English; any translation is for convenience and the English version prevails.

Severability and no waiver. If a provision is invalid it is severed or replaced so that the rest remains in force; our failure to exercise a right is not a waiver.

Entire agreement. These Terms and the documents in section 1.1 are the entire agreement about the Services.

23. Governing law, disputes and contact

These Terms and all related disputes, including non-contractual ones, are governed by the substantive laws of Switzerland, excluding its conflict-of-law rules and the CISG. The choice of law does not deprive a consumer of the protection of the mandatory provisions of the law of their habitual residence.

For businesses, the exclusive place of jurisdiction is the courts at the registered seat of TeraShift GmbH in Ermatingen, Canton of Thurgau, Switzerland; we may also sue you at your seat or any competent court. A consumer may sue in the courts of their place of residence or of our seat; we may sue a consumer only at their place of residence. We are not obliged and not willing to take part in dispute resolution before a consumer arbitration board.

TeraShift GmbH (Scrape.ly), Hauptstrasse 35a, 8272 Ermatingen, Switzerland. Registered in the commercial register of the Canton of Thurgau under CH-310-4003569-4. UID and VAT number CHE-284.312.110 MWST. Share capital CHF 20,000. Management: Paul-Leonhard Renner (Chair) and Pascal Maurice Müller, each authorised to represent the company alone. TeraShift is also registered as TeraShift Sàrl, TeraShift Sagl and TeraShift LLC. Scrape.ly and Evomi are brands of TeraShift GmbH.

Live chat on scrape.ly and in the dashboard at my.scrape.ly · support@scrape.ly · legal@scrape.ly · creators@scrape.ly · privacy@scrape.ly · abuse@scrape.ly · dsa@scrape.ly · security@scrape.ly · +41 91 239 14 85

EU representative (Art. 27 GDPR, Art. 13 DSA): Prighter Germany GmbH, Heidestraße 40, 10557 Berlin, Germany.