Webscape Terms of Use

Our Terms of Use was last updated on and Effective date: 28 September 2021

Your usage of the Webscape Services, provided by Convergate B.V. (henceforth referred to as “Webscape”), with its principal place of business at Kralingse Plaslaan 99, 3061 DG Rotterdam, The Netherlands, registered in the Netherlands at the Chamber of Commerce in Rotterdam under number 65394925, is governed by the following Terms and Conditions. In order to use the Webscape services, you need to agree to the Terms. Webscape reserves the right to amend these Terms and Conditions at all times, with or without a prior notice. This Agreement constitutes a binding legal agreement between you and Webscape, governed by the laws of the Netherlands.

 

Further, please read the Terms and Conditions carefully along with our Privacy Policy, available here prior to registering, downloading or using any of our services.

 

  1. Introductions
    1. The following Terms and Conditions apply to all agreements between the (End)User (hereinafter referred to as “You”) and Webscape, unless otherwise agreed to and provided for in writing.
    2. The Webscape website at webscape.com and related domains and subdomains, mobile website and web application are collectively referred to as “Webscape.com".
    3. The Webscape browser plugins, add-ons and extensions collectively referred to as the “Webscape Plugins”.
    4. The Webscape.com and Webscape Plugins are collectively referred to as the “Webscape Tool”.
    5. This Agreement consists of the Order Confirmation, the Terms and Conditions, and the Privacy Policy and constitutes the entire agreement between You and Webscape in relation to the search tool.
    6. By using the Webscape Tool, on Webscape.com or through the Webscape Plugins, You agree to be bound by the Terms and Conditions set out herein (the “Terms”). Please make sure You have read and understood the Terms before using the Webscape Tool. If you do not agree with these Terms, then you should not make use of the Webscape Services.
    7. Unless otherwise stated in the Terms, where the terms of the Order Confirmation conflict with the Terms, the Terms shall take precedence. Unless the Terms herein are in conflict with a separate contract between Webscape and You, then this latter contract shall take precedence.
    8. We reserve the right to amend the Terms from time to time without prior notice to You. The version of the Terms that will apply to your transaction will be those on Webscape.com/terms at the time when You finished completing the Webscape Tool.
  2. Definitions
    1. Agreement: the agreement that Webscape concludes with the visitor to Webscape.com and/or an (End)User of the Webscape Plugins, which is governed by these Terms and Conditions.
    2. Services, also known as the Webscape Tool: the services supplied by Webscape to the (End)User, consisting of the use of and access to the Webscape Platform, maintenance, updates and support in the use of the software. The services provided by Webscape include the collection, analysis and search of User data that the (End)User can access via the Webscape Tool. Each analysis or search query is formed by the components: Input Section, Imported and/or collected text of webpages, Collection settings and preferences, Webscape indexing & search algorithms and the search results
      1. Input Section: the page(s) throughout the Webscape Tool for the collection of the User data. User data refers to all the information (in the broadest sense) required from the (End)User for the performance of browsing Webscape conducted via the Webscape Tool. The required information refers to (but is not limited to) the User personal data and the direct or indirect (through the Results Frame functions) submission of search queries.
      2. Imported and/or collected text of webpages: the tools to collect text on webpages through using the import previous history function and the Webscape Plugins for the collection of Browsing data. Browsing data refers to all the information (in the broadest sense) that is collected by the (End)User for the performance of the search through browsing history conducted through the Webscape Tools. 
      3. Collection settings and preferences: the settings that allow the (End)User to pause/continue to collection of screenshots and text data of webpages they visit, blacklist urls so no text on any of these domains will be collected, and all other settings that influence the way browsing data is collected (in the broadest sense), analysed or searched.
      4. Webscape indexing & search algorithms: the proprietary technology used for processing and analysing the User data and Browsing data to generate search results.
      5. Search results: search results displayed throughout the Webscape Tool, in any form. For example Screenshots Preview views, the List view or Domain view, Favourites and Results Frame results
    3. Browsing Data: all the information (in the broadest sense) provided or collected by the (End)User via any of our Services that is required in order to make use of the Webscape Plugins or Webscape.com website. This data may refer to (but is not limited to), You, people You interact with or sensitive information You access through your browser, information containing intellectual properties and any other element collected through the use of Webscape Tools.
    4. Content: all information (in the broadest sense) available on the Webscape.com website and Services in any form.
    5. Personal Data: all the information (in the broadest sense) required by visitors to access the Webscape Tools, or personal information that is required in order to become (End)Users provided via an (online) registration form.
    6. Webscape Plugins: the browser plugin which can be installed into a Google Chrome, Firefox, Opera, Safari, Edge or any other browser we support. 
    7. Webscape Web Application: the web application where you can store, view and manage any Browsing Data and Content you have saved through the use of the Webscape Tool.
    8. Webscape Platform: the platform made available by Convergate B.V. to let the (End)User have access to the Webscape Tool as well as to any other service or product offered by Webscape. The Webscape platform provides the framework within which the (End)User may upload Personal and Company Data, have access to the payment, search, storage, indexing, import history function and downloading applications of Webscape.
    9. Webscape Website: the Webscape website, located at webscape.com, forming the basis of the services offered by Webscape, which a user may use to access the Webscape Platform, to navigate to links to download software, get information about products, access to press releases and articles, company information, FAQs, the Privacy Policy, The Terms of Use.
    10. Stored Webpages: the screenshot and/or textual content of any webpage from any domain or subdomain the user stores using the Webscape Tool.
    11. (End)User: any natural or legal entity to whom Webscape delivers its services. A visitor becomes an (End)User upon installation of or signup to or using of the Webscape Tool.
    12. Free Account: The Account created when a user signs up through the webscape.ai signup page or through the Sign up page in the Webscape Plugins, offered free of charge granting users access to basic Webscape functionalities with a limit of 3000 Stored Webpages.
    13. Premium Account: upon submission of an Order confirmation and transferring the first subscription payment, the (End)User concludes a subscription agreement with Webscape, whereby Webscape is obligated to provide the (End)User with an upgraded Webscape account, applicable storage capacity and functionalities and the (End)User is obliged to pay the recurring subscription amount specified by Webscape.
    14. Results Frame: the frame placed on the Google search results webpage displaying webpages, matching the Google search keywords, stored via the Webscape Tool.
  3. Use of the Services and Restrictions
    1. Webscape grants You the non-exclusive, non-sub-licensable, and non-transferable right to have access to the Services offered by Webscape for the purpose of using these Services within Your personal, business and professional activities.
    2. You shall not receive access to the Services until You become an (End)User. In order to become a registered (End)User, You need to agree to these Terms and register at Webscape or by clicking “I have read and accept the Terms and Privacy Policy” in the Webscape Plugins. As soon as this Agreement is accepted, Webscape will consider a visitor to be an (End)User who can access his or her Webscape Tool.  
    3. You shall provide Webscape with any information or assistance which has been agreed upon in order for Webscape to perform its obligations under this Agreement, and shall use all reasonable endeavours to ensure that any such information provided to Webscape is complete, accurate and in the agreed format.
    4. The Services made available to You are provided solely for your own internal use. You may not sell, transfer, sublicense, distribute, commercially exploit or otherwise make available to, or use for the benefit of, any of the Services. You may not include the Services in any product or service which You sell.
    5. You shall not attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Services in any form or media or by any means. You will not attempt to reverse compile, disassemble, reverse-engineer all or any part of the Services. You will not access all or any part of the Services in order to build a product or service which competes with the Services nor will You use the Services to provide services to third parties. 
    6. During the Agreement period You agree to not attempt gaining unauthorised access to the Services or modify the same.
    7. Webscape does not guarantee You that the Services will be delivered at all times in a complete, accurate and timely manner. Shortcomings in the delivery of the Services may partially, but not exclusively, occur as a result of failures in the Internet connection. You are responsible for the hardware, software, peripherals and telecommunication connections necessary to make use of the Services, unless otherwise agreed upon in writing between You and Webscape.
    8. Webscape is entitled to make changes to the Services at any time. If a change is reasonably foreseeable to have significant technical or operational consequences for You as an (End)User, Webscape will do its best efforts to notify You of the changes in the Services in advance. If You continue to use the Services, You thereby indicate Your consent to the changes made to the Services.
    9. The Services made available to You might effect Your browsing experience, in ways like, but not limited to, slowing down webpage loading or response, showing the Results Frame results, etc.
    10. The Webscape Tool and Services may not be used to collect or store any Browsing Data or Content (in the broadest sense) that is outside of the public domain, containing sensitive personally-identifiable-information or when restricted by the terms and conditions of the domains or subdomains you want collect webpages of. You are required (and responsible to make this assessment and), to pause the Webscape Plugins, which can be done through the plugin’s menu, or black listing (block from collecting any information on a specified url) this domain. In the case You stored any of the above described content or information You are required to manually remove these pages. You can remove pages through the Webscape Plugins and Web Application either by removing a single page or every page from the domain at issue.
  4. Creating an account
    1. A visitor to Webscape.com and/or Webscape Plugins must be 18 years of age and older in order to be eligible to create a Webscape Account.
    2. The (End)User must be a person. Accounts registered by “robots” or by other automated methods are not permitted.
    3. You must provide your own personal data during the Webscape Account registration process.
    4. Your Webscape log in credentials are strictly personal and may not be shared with other people.
    5. You are at all times responsible for maintaining the confidentiality of your Webscape log in credentials. Webscape cannot be held responsible in that regard.
    6. You are responsible for all activities undertaken under and content placed within Your Webscape Account. This responsibility also applies to any actions You perform with the Webscape Tool.
  5. Free Account
    1. Whenever a visitor of Webscape.com becomes an (End)User by creating an account through the website, or by creating a Free Account through the sign up pages throughout the Webscape Plugins, they get direct access to the functionalities of a Free Account, which are offered free of charge by Webscape.
    2. The Free Account does not expire and is available to the (End)User forever.
    3. The upgrades to the Free Account are subject to the discretion of the (End)User as they only take place if and when the (End)User decides.
    4. Whenever an upgrade of the Free Account takes place, the Free Account is immediately terminated.
  6. Premium Account Subscription & Storage Upgrades
    1. The Premium Account is a subscription-based service offered by Webscape. You may upgrade, at any point in time, any Free Account to a Premium Account through the ‘Upgrade’ pages. A Premium Account requires the (End)User to be registered as and logged into a Free Account.
    2. To execute the upgrade You need to submit an Order Confirmation and make the first payment for the Premium Account. Once You complete the payment process, You enter into a subscription agreement with Webscape for an unlimited period of time that gives You instant access to the Premium functionalities.
    3. The Premium Account subscription renovates on a periodic and recurring basis, depending on the subscription plan You have selected (each period is called a ‘billing cycle’). The service is billed to You in advance, 24 hours before your next billing cycle commences. For example, if You started your Premium Account subscription on February 10th, your next billing cycle starts on March 10th and You will be billed 24 hours earlier, namely on March 9th. Your Premium Account subscription will automatically renew, as described above, at the end of each billing cycle, unless and until You cancel its auto-renewal through your account management page or by contacting our customer support team.
    4. You may cancel your Premium Account subscription at any time and at the latest within 24 hours before your ongoing billing cycle ends, in which case You will retain access to the Premium Account functionalities until your ongoing billing cycle ends and only afterwards your account will be downgraded to the Free Account version.
    5. The request for cancellation of your Premium Account subscription will be immediately accounted for by Webscape and You will receive a confirmation email from us within 24 business hours.
    6. In the case of upgrading your Premium Account’s available storage, You will, when you complete the transaction, upgrade the limit on the amount of Stored Webpages. Your original Premium Account subscription is replaced by a Premium Account subscription with increased storage. This will cause Your billing cycle to restart, and the increased storage to be delivered immediately. Since the Webscape services are billed upfront the rest amount, if any, of the previous subscription will be deducted from the first billing cycle of your renewed Premium Account subscription. 
    7. Upon increasing the amount of Stored Webpages the new billing cycle may not be less the previous billing cycle. For example, if You choose a billing cycle of 1 year the renewed subscription with increased storage must again have a minimum of 1 year.
    8. When a subscription is changed before the end of a billing cycle the subscription amount may only be increased. For example, if you have a Premium Account subscription for 3.99, with a monthly billing cycle You may increase to any subscription of 3.99 or higher with a minimum billing cycle of 1 month. 
  7. Payment Terms
    1. All prices indicated on Webscape.com are including the applicable VAT rates.
    2. Payments for the Premium Account subscription take place on a periodic and recurring basis, one day before the date on which your ongoing billing cycle ends.
    3. The processing and facilitation of all payments for the Webscape Services are handled on behalf of Webscape by Braintree Payments, a division of PayPal Holdings Inc, a Payment Service Provider.
    4. The Webscape Premium Account subscriptions are charged to (End)Users on a recurring monthly basis via SEPA Direct Debit.
    5. You have the right to make a one-off payment for a one-year long Premium Account subscription. The price of the one-off annual subscription payment is inclusive the applicable VAT rates and provides you with a discount in comparison with the monthly prices for the same service for one year.
    6. Invoices are provided in digital form to the email address You have entered when creating your Webscape Account, and will be available in the billing section of Your account settings on Webscape.com
    7. If for any reason a payment transaction is refused or charged back, Webscape will get in contact with You to find out the reason and to offer You the possibility of retaining your ongoing subscription by resolving the problem within a fourteen (14) days period. In case the You take no action, Webscape will terminate your subscription without a further notice and your account will be downgraded to the Free version immediately, this could cause partial loss of Your Stored Webpages and available functions. 
  8. Subscriptions Termination
    1. You are responsible for the termination of your Premium Account subscriptions through the “Billing” tab in the Webscape “Settings” webpage.
    2. Upon termination the subscription will remain active, but will automatically be disabled at the end of the billing cycles.
    3. Any Browsing Data or Content lost due to downgrading cannot be returned.
  9. Refund Policy
    1. We offer a 30 days money back guarantee for any first-time customer. You are entitled to request a refund for your first subscription purchase within fourteen (30) days. 
    2. In the eventuality of disservice or dissatisfaction of the Webscape Services, You are entitled to request a refund for your last subscription purchase within seven (7) days by following the procedure described in section 9.3 below. A refund will apply unless Webscape detects any abusive or malicious activity on your Webscape Account. Should You request a refund 7 or more days after your subscription purchase, the refund ability of your payment depends on the sections below.
    3. Given the nature of the services that Webscape offers, Webscape’s general policy is to not offer refunds for your subscription purchase 7 or more days after the date of such a purchase, unless there has been a technical or administrative error within the platform and You have been charged after having explicitly requested the cancellation of your subscription, or as required under Dutch consumer protection laws. 
    4. In order to request a refund, You need to complete the Webscape refund form and submit it to Webscape in accordance with the instructions provided in the form. The form can be requested any time via refund@convergate.com or the in-app chat. Upon its receipt by Webscape, your request will be processed and within 48 hours You will receive feedback on the approval (or rejection) of your request.
    5. Webscape will asses each refund request taking into consideration the usage that was made of the services, the problems that You may have encountered, your overall reasoning behind making the request and the completeness of the information You have provided in the Webscape refund request form.
    6. If You request a refund 7 or more days after your subscription purchase, You will not be considered as eligible for a refund if You:
      - have changed your mind about the subscription;
      - purchased the subscription by mistake;
      - do not have sufficient expertise to use the services;
      - have forgotten to terminate your subscription in due time.
    7. If your refund request is approved, the refund will generally be done using the same method that you used to make the initial subscription purchase.
  10. Changes to the services and prices
    1. Webscape reserves the right to make changes to the Webscape Website and to the Services. In such occasions, Webscape will take responsible steps to inform You of these changes with as much advance warning as possible.
    2. Webscape reserves the right to make price adjustments for the usage of the Webscape Services. These price changes will be announced to (End)Users within one calendar month prior to their implementation.
  11. Webscape obligations and conduct
    1. All Stored Webpages and the relating Browsing Data collected via the Webscape Tool are saved and stored internally by Webscape. Webscape retains full control over these results and data and will process them in the context of the services and products that Webscape offers.
    2. Webscape will process personal and company data in the context of the services and products that Webscape offers. Webscape will process these personal data in accordance with the Dutch Personal Data Protection Act [Wet Bescherming Persoonsgegevens] and the General Data Protection Regulation (GDPR).
    3. The Privacy Policy available through Webscape.com/privacy describes the conditions under which Webscape processes personal data. This Privacy Policy constitutes an integral part of these Terms and Conditions of Use. If You agree to these Terms You also agree to the aforementioned Privacy Policy.
  12. 12.Warranties and limitation of liability
    1. The Webscape Service is not intended to be used as the sole basis for any decision-making and can be based upon data which is provided by third parties, the accuracy of which it would not be possible for Webscape to guarantee. Whilst Webscape aims to maintain a quality, fully operative service at all times, the Service and third-party services are nonetheless provided on an “as is” basis without warranties of any kind, whether express or implied.
    2. Webscape gives You no warranty or assurance about the contents of the Service. Whilst Webscape does endeavour to maintain the accuracy and the quality of the Service, information contained may be incorrect or out of date. Therefore, any use of the Service is at your own risk.
    3. Webscape disclaims all liabilities in contract, negligence, for breach of statutory duty, or under any indemnity or otherwise in connection with the Service and third-party service and shall not be liable for any indirect, or consequential information or data loss. 
    4. Webscape shall not be liable for any, direct or indirect, damages due to losing access to, breach and theft of any collected or stored Browsing Data or Content.
    5. Where any matter gives rise to a valid claim against Webscape, its liability shall be limited to a sum equal to the sum paid for the Services supplied under this Agreement in the year in which the claim arises.
    6. Each party to this Agreement warrants that it has obtained and will continue to hold all necessary licenses, consents, permits and agreements required for it to comply with its obligations under this Agreement and for the grant of rights to the other party under this Agreement.
  13. Agreement duration and termination
    1. The Terms shall enter into force from the date when You register on Webscape.com, sign up through the Webscape Plugins and create a Webscape Account, and shall remain in force for an indefinite period of time.  
    2. You may be contacted by Webscape during this Agreement period regarding new developments and products.
    3. From time to time Webscape may make alterations to Webscape.com and the Webscape Plugins, in doing so will take reasonable steps to inform You of these changes with as much advance warning as possible.
    4. You shall fully indemnify Webscape against all third parties costs incurred in the pursuit of payment.
    5. If Webscape believes You have breached any provision of this Agreement or in the event of your insolvency or bankruptcy, Webscape may, with an immediate effect and without a notice, suspend your access to the Services or terminate this Agreement.
    6. Webscape has the right to dissolve the Agreement in writing with an immediate effect and without a notice of default and/or to suspend Webscape’s obligations and/or to exclude You permanently from the Services and/or to remove the Content, Browsing Data or Stored Webpages You have stored with/through the Webscape Tool or deny You access to same without prior notice if:
      1. You fail to meet the obligations pursuant to the Agreement and/or the Terms or if You fail to do so in full or on time; 
      2. after conclusion of the Agreement Webscape becomes aware of circumstances that give it good reason to fear that You will not perform your contractual obligations;
      3. circumstances of such nature occur that would make it impossible for Webscape to perform the Agreement;
      4. Webscape is notified that You have been involved in any way in collecting or storing Content, Browsing Data or Stored Webpages on and/or through use of the Webscape Tool or within its services that is: 
        1. 13.6.4.1.in violation with the terms and conditions of domains you decide to collect webpage text and/or content of;
        2. 13.6.4.2.discriminatory, racist, vindictive, offensive or otherwise unacceptable;
      5. You have been granted or requested suspension of payments.
    7. Upon termination, You must use best efforts to delete all and any part of the Services held by You in any format and You may not make any further use of the Services.
    8. Upon termination clauses 3, 4, 6, 8, 9, 10, 11, 12, 13, 14, 15, 17 shall continue with full force and effect.
  14. Indemnity
    1. You agree to indemnify, defend and hold Webscape, its parents, subsidiaries, affiliates, officers and employees harmless from any loss, cost, damage, claim or demand, including reasonable legal fees, made by any third party, incurred or suffered by Webscape or its parents, subsidiaries, affiliates, officers or employees in connection with your use of the Services that breaches this Agreement.
  15. Intellectual Property Rights
    1. Except as expressly provided herein, access to the Services does not grant You any database rights or rights in the copyright, trademarks or any other intellectual property rights of Webscape or any third party.
    2. The Services and everything on Webscape.com or in the Webscape Plugins is protected by copyright and other intellectual property rights. You are not permitted to adapt, alter, modify, reverse engineer, de-compile or otherwise interfere with any element of the Service without Webscape’s written permission. Webscape may take steps to assist identification of its Service.
    3. Webscape holds various mark registrations which shall not be used without the prior written authorization of Webscape.
  16. Force Majeure
    1. Webscape will not be liable for a failure to perform any of its obligations under this Agreement if such a failure is caused by the occurrence of any unforeseen contingency or circumstances beyond the reasonable control of Webscape, including but not limited to Internet outages and telecommunications outages.
  17. Confidentiality
    1. Each party undertakes that it shall not at any time disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of the other party except as permitted by clause 17.2.
    2. Each party may disclose the other party’s confidential information:
      1. To its employees, officers, representatives or advisers who need to know such information for the purposes of carrying out the party’s obligations under this Agreement. Each party shall ensure that its employees, officers, representatives or advisers to whom it discloses the other party’s confidential information comply with this clause 17;
        and
      2. As may be required by law, court order or any governmental or regulatory authority.
    3. No party shall use any other party’s confidential information for any purpose other than to perform its obligations under this Agreement.
  18. Miscellaneous
    1. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall remain in force.
    2. The terms of this Agreement, the provision of the Services and the relationship between You and Webscape shall be governed by the laws of the Netherlands. You agree irrevocably to submit to the exclusive jurisdiction of the courts of the Netherlands in Amsterdam [Ondernemingskamer]. The applicability of the United Nations Convention on Contracts for the International Sale of Goods [Weens Koopverdrag] is expressly excluded.
    3. The failure of Webscape to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such a right.
  19. Keynotes

    Webscape offers its Services because there are customers interested in using them. We therefore request that you respect the rights of other fellow Users and those of Webscape. In this context, we expressly draw your attention to the main provisions of these Terms and Conditions of Use:
    1. By accepting these Terms and Conditions of Use, the User enters into a binding legal agreement with Webscape that will grant him or her access to the Webscape Platform, Website or Webscape Tool and the possibility to purchase the Webscape Services.
    2. If the User’s conduct does not contradict with the Terms hereby provided, there will be no obstacles in their long-term access to the Webscape Tools, Webscape.com website and Services.
    3. The User is responsible for the Content, Browsing Data, data they provide or import and Stored Webpages they collect or store using the Webscape Tool. It is not allowed to collect, store or publish Content, Browsing Data or Stored Webpages that goes against public policy, security and morals or contain sensitive information.
    4. The collection of data – either via technological tools or otherwise – for purposes other than those which the Webscape Tool is intended for is prohibited. Jeopardising the functioning of the Webscape Platform or Tools is also expressly prohibited.
    5. Webscape will not be liable for Content, Browsing Data or Stored Webpages that is collected or stored through the use of the Webscape Tool or for any resulting disappointing outcome, or loss.
    6. Webscape will not be liable for any action and/or activity undertaken by a User or a third party and having as its object the Services offered by Webscape. The exclusion of liability also applies to any damage or loss stemming from such activities and/or actions.
    7. We recommend all our Users to get familiar and comply with local laws as they vary per country, and become acquainted with the terms and conditions of the domain they visit while having the Webscape Plugins active.