The agreement
Your use of FetchBytes.com services is governed by these Terms of Service, the FetchBytes.com Acceptable Use Policy, and the terms of your Order. When we use the term "Agreement" in any of the Order, Terms of Service, or Acceptable Use Policy, we are referring collectively to all of them. If the individual who submits an Order does so on behalf of a company or other legal entity, the individual represents that he or she has authority to bind that entity to the Agreement. This Agreement is the complete and exclusive agreement between you and FetchBytes.com regarding its subject matter and supersedes and replaces any prior agreement, understanding, or communication, written or oral.
General terms
1. Defined terms
Some words used in the Agreement have particular meanings:
"Acceptable Use Policy" or "AUP" means the FetchBytes.com Acceptable Use Policy posted at under these terms as of the date you sign the Order, as it may be amended pursuant to Section 17 below.
"Business Day" means 8:00 a.m. – 5:00 p.m. Monday through Friday, CET, excluding public holidays in the Republic of Estonia.
"Confidential Information" means all information disclosed by one of us to the other, whether before or after the effective date of the Agreement, that the recipient should reasonably understand to be confidential, including:
(i) for you, all information transmitted to or from, or stored on, the FetchBytes.com system,
(ii) for FetchBytes.com, unpublished prices and other terms of service, audit and security reports, product development plans, server configuration designs, and other proprietary information or technology, and
(iii) for both of us, information that is marked or otherwise conspicuously designated as confidential. Information that is developed by one of us on our own, without reference to the other's Confidential Information, or that becomes available to one of us other than through violation of the Agreement or applicable law, shall not be "Confidential Information" of the other party.
"Junk Mail" means email that is captured by our mail filter and other email that is reported by you to FetchBytes.com as undesirable.
"Order" means either:
(i) the online order that you submit to FetchBytes.com via the FetchBytes.com website, or
(ii) any other written order (either in electronic or paper form) provided to you by FetchBytes.com for signature that describes the Services you are purchasing, and that is signed by you, either manually or electronically.
"Services" means access to FetchBytes.com website and APIs as described in the service Documentation.
2. FetchBytes.com's obligations
Contingent on FetchBytes.com's acceptance of your Order, and subject to these Terms of Service, FetchBytes.com agrees to provide the Services.
3. Your obligations
You agree to do each of the following:
(i) comply with applicable law and the FetchBytes.com Acceptable Use Policy
(ii) pay when due the fees for the Services,
(iii) use reasonable security precautions in light of your use of the Services,
(iv) cooperate with FetchBytes.com's reasonable investigation of outages, security problems, and any suspected breach of the Agreement,
(v) keep your billing contact and other account information up to date; and
(vi) immediately notify FetchBytes.com of any unauthorized use of your account or any other breach of security.
In the event of a dispute between us regarding the interpretation of applicable law or the AUP, FetchBytes.com's reasonable determination shall control.
4. Access to the services
You may access the Services via the FetchBytes.com website, or via the FetchBytes.com API. FetchBytes.com may modify its website or API servers at any time.
5. Term
The initial term for each Order begins on the date we make the Services available for your use and continues for the period stated in the Order. If no period is stated in the Order, then the initial term shall be one month. Upon expiration of the initial term, the Order will automatically renew for successive renewal terms of one month each, unless and until one of us gives the other a written notice of non-renewal prior to the expiration of the initial term, or then-current renewal term, as applicable. You must follow FetchBytes.com's non-renewal process accessible from the FetchBytes.com website to give an effective notice of non-renewal.
6. Fees
FetchBytes.com will charge you the fees stated in your Order. Unless you have made other arrangements, FetchBytes.com will charge your credit card without invoice as follows:
(i) for recurring fees, in advance, on or around the first day of each billing cycle, and
(ii) for non-recurring fees (such as bandwidth fees) on or around the first day of the billing cycle that follows the date incurred. Unless otherwise agreed in the Order, your billing cycle will be monthly, beginning on the date that FetchBytes.com first makes the Services available to you. FetchBytes.com may suspend all services (including services provided pursuant to any unrelated Order or other agreement we may have with you) if our charges to your credit card are rejected for any reason. FetchBytes.com may charge interest on overdue amounts at 1.5% per month (or the maximum legal rate if it is less than 1.5%). If any amount is overdue by more than thirty (30) days, and FetchBytes.com brings a legal action to collect, or engages a collection agency, you must also pay FetchBytes.com's reasonable costs of collection, including attorney fees and court costs. All fees are stated and will be charged in US Dollars. Any "credit" that we may owe you, such as a credit for failure to meet a service level guaranty, will be applied to fees due from you for services, and will not be paid to you as a refund. Charges that are not disputed within sixty (60) days of the date charged are conclusively deemed accurate. You must provide FetchBytes.com with accurate factual information to help FetchBytes.com determine if any tax is due with respect to the provision of the Services, and if FetchBytes.com is required by law to collect taxes on the provision of the Services, you must pay FetchBytes.com the amount of the tax that is due or provide satisfactory evidence of your exemption from the tax. You authorize FetchBytes.com to obtain a credit report at any time during the term of the Agreement. Any credit that we may owe you will be applied to unpaid fees for services or refunded to you, at our option.
7. Fee increases
We do not change monthly subscription fee for existing Orders. We may increase fees for new Orders at any time without any advance written notice.
8. Suspension
We may suspend your Services without liability if:
(i) we reasonably believe that the Services are being used (or have been or will be used) in violation of the Agreement,
(ii) we discover that you are, or are affiliated in any manner with, a person who has used similar services abusively in the past;
(iii) you don't cooperate with our reasonable investigation of any suspected violation of the Agreement;
(iv) we reasonably believe that your Services have been accessed or manipulated by a third party without your consent,
(v) we reasonably believe that suspension of the Services is necessary to protect our network or our other customers,
(vi) a payment for the Services is overdue, or
(vii) suspension is required by law.
We will give you reasonable advance notice of a suspension under this paragraph and a chance to cure the grounds on which the suspension are based, unless we determine, in our reasonable commercial judgment, that a suspension on shorter or contemporaneous notice is necessary to protect FetchBytes.com or its other customers from imminent and significant operational or security risk. If the suspension was based on your breach of your obligations under the Agreement, then we may continue to charge you the fees for the Services during the suspension, and may charge you a reasonable reinstatement fee (not to exceed $150) upon reinstatement of the Services.
9. Termination for convenience
You may terminate the Agreement for convenience at any time. If you terminate the Agreement for convenience after 7 days of signing up, you will not receive a pro-rated refund, and you must pay any non-recurring fees that have accumulated during the current term. Once you have terminated the Agreement, you will no longer have access to the Services.
10. Termination for breach
We may terminate the Agreement for breach on written notice if:
(i) we discover that the information you provided to us about yourself or your proposed use of the Services was materially inaccurate or incomplete,
(ii) if you are an individual, you were not at least 18 years old or otherwise did not have the legal capacity to enter into the Agreement at the time you submitted the Order for Services, or if you are an entity or fiduciary, the individual submitting the Order for Services did not have the legal right or authority to enter into the Agreement on behalf of the person represented to be the customer,
(iii) your payment of any invoiced amount is overdue, and you do not pay the overdue amount within three (3) days of our written notice,
(iv) a credit report indicates you no longer meet our reasonable credit criteria,
(v) you use your Service in violation of the AUP,
(vi) you violate the AUP more than once, even if you cure each violation, or
(vii) you fail to comply with any other provision of the Agreement and do not remedy the failure within thirty (30) days of our notice to you describing the failure.
You may terminate the Agreement for breach on written notice if:
(i) we materially fail to provide the Services as agreed and do not remedy that failure within five (5) days of your written notice describing the failure, or
(ii) we materially fail to meet any other obligation stated in the Agreement and do not remedy that failure within thirty (30) days of your written notice describing the failure.
11. Unauthorized access to your data or use of the services
FetchBytes.com is not responsible to you for unauthorized access to your data or the unauthorized use of the Services unless the unauthorized access or use results from FetchBytes.com's failure to meet its security obligations stated in the Agreement. You are responsible for the use of the Services by any employee of yours, any person to whom you have given access to the Services, and any person who gains access to your data or the Services as a result of your failure to use reasonable security precautions, even if such use was not authorized by you.
12. Disclaimers
We do not promise that the Services will be uninterrupted, error-free, or completely secure. You acknowledge that there are risks inherent in Internet connectivity that could result in the loss of your privacy, Confidential Information, and property. FetchBytes.com has no obligation to provide security other than as stated in this Agreement. We disclaim any and all warranties not expressly stated in the Agreement, including the implied warranties of merchantability, fitness for a particular purpose, and noninfringement. You are solely responsible for the suitability of the service chosen. There are no any guarantee given that any or all the websites will be accessible through our API endpoints. The Services are provided AS IS. Any voluntary services we may perform for you at your request and without any additional charge are provided AS IS.
13. Confidential information
Each of us agrees not to use the other's Confidential Information except in connection with the performance or use of the Services, as applicable, the exercise of our respective legal rights under the Agreement, or as may be required by law. Each of us agrees not to disclose the other's Confidential Information to any third person except as follows:
- to our respective service providers, agents, and representatives, provided that such service providers, agents, or representatives agree to confidentiality measures that are at least as stringent as those stated in these General Terms and Conditions.
- to law enforcement or government agency if required by a subpoena or other compulsory legal process, or if either of us believes, in good faith, that the other's conduct may violate applicable criminal law as required by law; or
- in response to a subpoena or other compulsory legal process, provided that each of us agrees to give the other written notice of at least seven days prior to disclosing Confidential Information under this subsection (or prompt notice in advance of disclosure, if seven days advance notice is not reasonably feasible), unless the law forbids such notice.
14. Limitation on damages
Our obligations to you are defined by this Agreement. We are not liable to you for failing to provide the Services unless the failure results from a breach of this Agreement, or results from our gross negligence or willful misconduct.
Neither of us (nor any of our employees, agents, affiliates or suppliers) is liable to the other for any lost profits or any other indirect, special, incidental or consequential loss or damages of any kind, or for any loss that could have been avoided by the damaged party's use of reasonable diligence, even if the party responsible for the damages has been advised or should be aware of the possibility of such damages. In no event shall either of us be liable to the other for any punitive damages.
Notwithstanding anything in the Agreement to the contrary, except for liability based on willful misconduct or fraudulent misrepresentation, and liability for death or personal injury resulting from FetchBytes.com's negligence, the maximum aggregate monetary liability of FetchBytes.com and any of its employees, agents, suppliers, or affiliates in connection with the Services, the Agreement, and any act or omission related to the Services or Agreement, under any theory of law (including breach of contract, tort, strict liability, violation of law, and infringement) shall not exceed the greater of
(i) the amount of fees you paid for the Services for the six months prior to the occurrence of the event giving rise to the claim, or
(ii) Two Hundred Dollars ($200.00).
15. Indemnification
If we, our affiliates, or any of our or their respective employees, agents, or suppliers (the "FetchBytes.com Indemnitees") are faced with a legal claim by a third party arising out of your actual or alleged gross negligence, willful misconduct, violation of law, failure to meet the security obligations required by the Agreement, violation of the AUP, or violation of these Terms and Conditions, then you will pay the cost of defending the claim (including reasonable attorney fees) and any damages award, fine, or other amount that is imposed on the FetchBytes.com Indemnitees as a result of the claim. Your obligations under this subsection include claims arising out of the acts or omissions of your employees, any other person to whom you have given access to the Services, and any person who gains access to the Services as a result of your failure to use reasonable security precautions, even if the acts or omissions of such persons were not authorized by you. If you resell the Services, the grounds for indemnification stated above also include any claim brought by your customers or end users arising out of your resale of the Services. We will choose legal counsel to defend the claim, provided that these decisions must be reasonable and must be promptly communicated to you. You must comply with our reasonable requests for assistance and cooperation in the defense of the claim. We may not settle the claim without your consent, although such consent may not be unreasonably withheld. You must pay expenses due under this Section as we incur them.
16. Who may use the service
You may resell the Services, but you are responsible for use of the Services by any third party to the same extent as if you were using the Services yourself. Unless otherwise agreed, FetchBytes.com will provide support only to you, not to any other person you authorize to use the Services. There are no third party beneficiaries to the Agreement, meaning that third parties do not have any rights against either of us under the Agreement.
17. Changes to the acceptable use policy
We may change our Acceptable Use Policy, provided that any changes are reasonable and consistent with applicable law and industry norms. Any such changes made during the term of your Agreement will become effective to your account upon the first to occur of:
(i) renewal,
(ii) your execution of a new/additional Order for your account that incorporates the revised AUP or General Terms, or
(iii) thirty (30) days following the change.
If the change materially and adversely affects you, you may terminate the Agreement by giving us written notice of termination on such grounds no later than thirty (30) days following the date the change became effective for your account, and we will not enforce the change with respect to that account for thirty (30) days following the date of your notice. If you terminate your Service because the change adversely affects you, we may decide not to enforce that change with respect to your account and keep your Agreement in place for the remainder of the term.
18. Notices
Your routine communications regarding the Services should be sent to the FetchBytes.com account team using the FetchBytes.com website. If you want to give us a notice regarding termination of the Agreement for breach, indemnification, or other non-routine legal matter, you should send it by electronic mail and first-class mail to:
[email protected]
SDVSOFT OÜ
Sepapaja 6,
Tallinn,
Estonia, 15551
FetchBytes.com's routine communications regarding the Services and legal notices will be sent to the individual(s) you designate as your contact(s) on your account either by electronic mail, Post, or overnight courier, except that FetchBytes.com may give notice of an amendment to the AUP by posting the notice on the FetchBytes.com website. Notices are deemed received as of the time delivered, or if that time does not fall within a Business Day, as defined below, as of the beginning of the first Business Day following the time delivered, except that notices of AUP amendments are deemed delivered as of the first time that you log on to the FetchBytes.com website after the time that the notice is posted. For purposes of counting days for notice periods, the Business Day on which the notice is deemed received counts as the first day. Notices must be given in the English language.
19. Ownership of intellectual property
Each of us retains all right, title and interest in and to our respective trade secrets, inventions, copyrights, and other intellectual property. Any intellectual property developed by FetchBytes.com during the performance of the Services shall belong to FetchBytes.com unless we have agreed with you in advance in writing that you shall have an interest in the intellectual property.
20. Assignment/subcontractors
You may not assign the Agreement without FetchBytes.com's prior written consent. We may assign the Agreement in whole or in part as part of a corporate reorganization or a sale of our business, and we may transfer your Confidential Information as part of any such transaction. FetchBytes.com may use third party service providers to perform all or any part of the Services, but FetchBytes.com remains responsible to you under this Agreement for work performed by its third party service providers to the same extent as if FetchBytes.com performed the Services itself.
21. Force majeure
Neither of us will be in violation of the Agreement if the failure to perform the obligation is due to an event beyond our control, such as significant failure of a part of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labor action, terrorism, or other events of a magnitude or type for which precautions are not generally taken in the industry.
22. Governing law, lawsuits
The Agreement is governed by the laws of the Republic of Estonia, as applicable. The Agreement shall not be governed by the United Nations Convention on the International Sale of Goods. You waive all objections to this venue and agree not to dispute personal jurisdiction or venue in these courts. You agree that you will not bring or participate in any class action lawsuit against FetchBytes.com or any of its employees or affiliates. Each of us agrees that we will not bring a claim under the Agreement more than two years after the time that the claim accrued.
23. Some agreement mechanics
These Terms of Service may have been incorporated in your Order by reference to the page on the FetchBytes.com website. Although we may from time to time revise the Terms of Service posted on that page, those revisions will not be effective as to an Order that we accepted prior to the date we posted the revision, and your Order will continue to be governed by the Terms of Service posted on the effective date of the Order. However, any amended Terms of Service will become effective on the first day of the renewal period that follows the date that the new Terms of Service were posted by at least thirty days. In addition, if over time you sign multiple Orders for a single account, then the Terms of Service incorporated in the latest Order posted on the effective date of the latest Order will govern the entire account. FetchBytes.com may accept or reject any Order you submit in its sole discretion. FetchBytes.com's provisioning of the Services described in an Order shall be FetchBytes.com's acceptance of the Order.
An Order may be amended by a formal written agreement signed by both parties, or by an exchange of correspondence, including electronic mail, that includes the express consent of an authorized individual for each of us. Any such correspondence that adds or modifies Services in connection with an account established by an Order shall be deemed to be an amendment to that Order, notwithstanding the fact that the correspondence does not expressly refer to the Order.
Other than as stated herein, the Agreement may be modified only by a formal document signed by both parties.
If there is a conflict between the terms of any of the documents that comprise the Agreement, the documents will govern in the following order: Order, Terms of Service, and the Acceptable Use Policy. If any part of the Agreement is found unenforceable by a court or other tribunal, the rest of the Agreement will nonetheless continue in effect, and we agree that the tribunal may reform the unenforceable part if it is possible to do so consistent with the material economic incentives of the parties resulting in this Agreement. Each of us may enforce each of our respective rights under the Agreement even if we have waived the right or failed to enforce the same or other rights in the past. Our relationship is that of independent contractors and not business partners. Neither of us is the agent for the other, and neither of us has the right to bind the other on any agreement with a third party. The captions in the Agreement are for convenience only and are not part of the Agreement. The use of the word "including" in the Agreement shall be read to mean "including without limitation." All provisions that by their nature are intended to survive expiration or termination of the Agreement shall survive expiration or termination of the Agreement.
If you have made any change to the Agreement documents that you did not bring to our attention in a way that is reasonably calculated to put us on notice of the change, the change shall not become part of the Agreement.
The Agreement may be signed in multiple counterparts, which, taken together, will be considered one original. Facsimile signatures, signatures on an electronic image (such as .pdf or .jpg format), and electronic signatures shall be deemed to be original signatures.
24. Refunds
We provide a free trial period for every new client. This period is provided only once and only on first Order. You have to evaluate the service during this period or ask for extended evaluation time through support. You agree that no refund is provided after Order is placed and paid. Still we may provide refunds at our sole discretion in exceptional cases.
Acceptable Use Policy
The following is FetchBytes.com's Acceptable Use Policy (AUP). By using FetchBytes.com services (Services), you agree to comply with this AUP. You also agree to require your end users to comply with this AUP. FetchBytes.com reserves the right to amend this AUP at any time, with or without notice to you. FetchBytes.com agrees to post any changes to this AUP on the FetchBytes.com's Homepage (located at: https://fetchbytes.com) and you agree to periodically review this AUP as modified from time to time. You agree to be bound to this AUP, as modified from time to time, every time you use or access the Services.
Pursuant to your Agreement, FetchBytes.com may, at its sole discretion, immediately terminate your access to the Services if your conduct violates (or appears to violate) the AUP. In addition, FetchBytes.com may, at its sole discretion, immediately terminate your access to the Services, if any of your end users violate the AUP.
No unlawful or prohibited use
As a condition of your use of the Services, you will not use the Services (nor will you permit an end user to use the Services) for any purpose that is unlawful or otherwise prohibited by this AUP. You may not use the Services (nor will you permit an end user to use the Services) in any manner that could damage, disable, overburden, or otherwise impair any of the Services offered by FetchBytes.com, or any services offered by a third party, or interfere with any other party's use and enjoyment of any of our Services. You may not (nor will you permit your end users to) obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.
Use of services
The Services are designed to enable you and your end users to communicate with others via the Internet. You agree to use the Services (and to require your users to use the Services) only to post, send and receive messages and material that is proper and, when applicable, related to the particular Service. By way of example, and not as a limitation, you agree that when you (or your end users are) using a Service, you (and your end users) will not:
- Use the Service in connection with unlawful contests, lotteries, or gambling; pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute, traffic or disseminate any defamatory, obscene, or otherwise unlawful content, such as child pornography or virtual child pornography.
- Publish, post, upload, distribute or disseminate any topic, name, material or information that incites discrimination, hate or violence towards one person or a group because of their belonging to a race, a religion or a nation.
- Utilizing bots for the purpose of repeatedly and/or automatically acquiring merchandise and anything similar that violates 3rd party ToS that could result in the blocking of FetchBytes.com IP space or ASN.
- Create multiple accounts in our Service.
- Upload, or otherwise make available files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents to do the same.
- Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
- Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's property.
- Download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Services.
- Violate any code of conduct or other guidelines which may be applicable for any particular Service.
- Harvest or otherwise collect information about others, including e-mail addresses, except as needed to operate your site and as permitted in your site's privacy policy (if any).
- Violate any applicable laws or regulations.
- Create a false identity for the purpose of misleading others.
- Host TOR exit nodes.
- Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof.
- Network probing or port scanning tools are only permitted if explicitly authorized by the destination host and/or network. Unauthorized port scanning, for any reason, is strictly prohibited.
Termination/access restriction
FetchBytes.com reserves the right, in its sole discretion, to terminate your access to any or all Services and the related services or any portion thereof at any time, with or without notice, for violating this AUP. Your rights and obligations upon termination of any Service are governed by the Posting Terms of Service. Upon termination of the Service, your right to use the Service immediately ceases. FetchBytes.com shall have no obligation to maintain any content termination of the Services.
No spam policy
FetchBytes.com will immediately terminate any account which it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email.