Terms of Service
Last Updated: October 26, 2023
Welcome to HashZinger! These Terms of Service ("Terms") govern your use of our website, services, and data provided (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Services.
1. Description of Services
HashZinger provides B2C data scraping services, offering leads and data extracted from publicly available sources on platforms such as Instagram, YouTube, LinkedIn, Facebook, TikTok, and other custom-requested public websites ("Platforms"). Our Services include providing data based on pre-defined packages or custom orders as specified by you ("Client"). The data is scraped on demand to ensure freshness.
2. Data Sourcing and Compliance
2.1 Publicly Available Data: HashZinger exclusively scrapes data that is publicly available on the internet. We do not attempt to access private accounts, bypass security measures, or obtain data that is not intended for public consumption.
2.2 Ethical Scraping: We strive to conduct our scraping activities in an ethical manner, respecting Platform terms of service where feasible for public data access, and employing measures to avoid undue strain on Platform servers. Our infrastructure, including multi-cloud setups (Oracle, AWS) and advanced proxy networks, is designed for efficient and responsible data collection.
2.3 Client Responsibility for Data Use: You, the Client, are solely responsible for how you use the data provided by HashZinger. You agree to use the data in compliance with all applicable laws, regulations, and ethical guidelines, including but not limited to data privacy laws (e.g., GDPR, CCPA, CAN-SPAM), anti-spam laws, and any relevant industry-specific regulations. HashZinger provides the data "as is" and is not responsible for your compliance in its end-use.
2.4 No Guarantees on Data Accuracy: While we strive for accuracy and freshness by scraping data on demand, the nature of publicly available information means it can change rapidly or contain inaccuracies. HashZinger does not guarantee the absolute accuracy, completeness, or timeliness of the data provided.
3. Orders and Payment
3.1 Order Placement: You can place orders through our website's order tool or via email. For custom orders, specific requirements must be clearly defined.
3.2 Pricing: Prices for standard packages are listed on our website. Custom orders will be quoted individually. All prices are subject to change without notice, but changes will not affect orders already confirmed.
3.3 Payment Terms:For initial or smaller orders (typically under $100 USD, at HashZinger's discretion), we may offer a "pay after delivery" model. For larger orders, custom orders, or repeat clients, payment terms will be agreed upon before scraping commences, which may include partial or full upfront payment. Failure to make timely payments may result in suspension of services or refusal of future orders.
3.4 Free Sample: We offer a one-time free sample of 500 leads per new client (not applicable for Custom Orders) to evaluate our data quality. We reserve the right to decline free sample requests in cases of suspected abuse or multiple submissions from the same entity.
3.5 Delivery: Data is typically delivered within 24-72 hours in CSV format, unless otherwise specified for custom or large orders.
4. Permitted Use and Restrictions
4.1 License to Use Data: Upon receipt of payment, HashZinger grants you a non-exclusive, non-transferable license to use the data provided for your internal business purposes, including direct marketing, sales outreach, and analytics, subject to your compliance with all applicable laws as outlined in Section 2.3.
4.2 Restrictions: You agree not to:
- Resell, redistribute, or otherwise make the data available to third parties without prior written consent from HashZinger.
- Use the data for any illegal, unethical, or malicious purposes, including but not limited to spamming, harassment, identity theft, or spreading misinformation.
- Represent that you are affiliated with HashZinger beyond being a client of our Services.
- Use our Services or data in any way that infringes upon the rights of others, including intellectual property rights or privacy rights.
5. Intellectual Property
HashZinger retains all rights, title, and interest in and to its Services, including our website, proprietary algorithms, software, and infrastructure. These Terms do not grant you any rights to HashZinger's intellectual property except for the limited license to use the data as specified.
6. Disclaimers and Limitation of Liability
6.1 "As Is" Service: THE SERVICES AND DATA ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ACCURACY.
6.2 No Guarantee of Results: HashZinger does not guarantee any specific results from the use of our Services or data, including but not limited to response rates, conversion rates, or business outcomes.
6.3 Limitation of Liability: TO THE FULLEST EXTENT PERMITTED BY LAW, HASHZINGER SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES; (C) ANY DATA OBTAINED FROM THE SERVICES; OR (D) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL HASHZINGER'S AGGREGATE LIABILITY EXCEED THE AMOUNT YOU PAID HASHZINGER, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.
7. Indemnification
You agree to defend, indemnify, and hold harmless HashZinger, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Services and data; (ii) your violation of any term of these Terms; or (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right, or any applicable law.
8. Termination
HashZinger may terminate or suspend your access to our Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Upon termination, your right to use the Services and any data not yet paid for will immediately cease.
9. Governing Law
These Terms shall be governed and construed in accordance with the laws of [Your Jurisdiction - e.g., State of Delaware, USA], without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within [Your Jurisdiction].
10. Changes to Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Services after those revisions become effective, you agree to be bound by the revised terms.
11. Contact Us
If you have any questions about these Terms, please contact us at orders@hashzinger.com.