Terms and conditions

The www.hextrakt.com website is the exclusive property of Hextrakt S.A.S, a French company “par actions simplifiées” (simplified joint-stock company). Our company registration number is RCS 825 395 080 Montpellier (France). Our European Union VAT number is FR 01 825395080.

Hextrakt is located at:

177 Avenue Louis Lumiere
34400 Lunel
France
Email address: contact@hextrakt.com

Hextrakt’s website is hosted by Infomaniak

Avenue de la Praille, 26
1227 Carouge
Suisse

Terms of service
License agreement

Terms of service

This website is operated by Hextrakt. Throughout the website, the terms “we”, “us” and “our” refer to Hextrakt. Hextrakt provides this website, including all the information, tools and services available from this site to “you”, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated herein.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

SECTION 1 – GENERAL TERMS

By agreeing to these Terms of Service, you confirm that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 – GENERAL CONDITIONS

You understand that your personal data may be transferred and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Data transmission is encrypted with HTTPS.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) for maintenance reasons.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 – Software licensing

All descriptions of software or software pricing are subject to change at any time without notice, at the sole discretion of us. For more information about the license, please read the EULA.

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

You agree to provide current, complete and accurate purchase and account information for all purchases made on hextrakt.com. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

We reserve the right to refuse any order you place with us if you don’t respect these terms and conditions.

SECTION 7 – THIRD-PARTY LINKS

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 8 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If you send certain specific submissions like creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. The point (3) does not apply to ticket support.

We may, but have no obligation to, monitor, edit or remove content that we determine at our sole discretion ot be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or that violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 9 – PERSONAL INFORMATION

Your submission of personal information through the website is governed by our Privacy Policy.

SECTION 10 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to software descriptions, pricing, promotions, offers, etc… We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 11 – PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 12 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

You expressly agree that your use of, or inability to use, the service is at your sole risk.

In no case shall Hextrakt, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 13 – SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 14 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services.

We also may terminate this agreement at any time without notice and deny you access to our Services (or any part thereof).

SECTION 15 – GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with French law.

SECTION 16 – CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 17 – CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at contact@hextrakt.com or by post to 177 Avenue Louis Lumiere, Lunel, 34400, France.

License agreement (EULA)

IMPORTANT: THIS IS THE END-USER LICENSE AGREEMENT (EULA) BETWEEN US (THE LICENSOR) AND YOU (THE LICENSEE). PLEASE READ IT CAREFULLY. BY DOWNLOADING, INSTALLING, USING HEXTRAKT SOFTWARE AND DOCUMENTATION, YOU AGREE THAT THIS EULA IS A LEGALLY BINDING AND VALID AGREEMENT. IF YOU DO NOT UNDERSTAND OR DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU SHOULD NOT DOWNLOAD,  INSTALL OR USE THE SOFTWARE.

1. PARTIES

(a) WE are the company Hextrakt. WE (also referred to as “Us”, “Our”)
are the Licensor of this EULA. Our principal place of business is at
177 Avenue Louis Lumiere, 34400 Lunel, FRANCE. Our Company
Registration Number is RCS 825395080 MONTPELLIER (FRANCE).

(b) YOU are the “Licensee” of this EULA. YOU are an individual person
who is the license holder of the Software.

2. DEFINITIONS

(a) The “Software” means Hextrakt Crawler. The Software can be
downloaded from our website at http://www.hextrakt.com. The Software
is subject to the terms and conditions of this EULA.

(b) License Price. Licenses are sold by Us, for free or at different
price levels, depending on the features of the Software that YOU wish
to use. Our current offering can be read on Our website.

(c) License Number. The process of obtaining a License Number can be
followed on Our website at http://www.hextrakt.com. The obtained
License Number must be entered in the “License” window of the
Software.

3. 30-DAY FREE EVALUATION PERIOD

YOU may freely install and use the Software during a unique 30-day
(thirty day) evaluation period. It is of YOUR responsibility:

(i) to evaluate the Software and check that the Software is suitable
to meet YOUR specific requirements;

(ii) and to check that the Software will run on YOUR specific hardware
(computer and network infrastructure).

At the end of the evaluation period, YOU may either:

(i) obtain a valid License Number from Us (free or paid) and continue
to use the Software;

(ii) or uninstall the Software.

YOU are not allowed to use the Software for commercial purpose during
the evaluation period.

4. GRANT OF LICENSE

Provided that YOU have obtained a valid License Number from Us and
that you have paid (if non free) the license price;
Subject to the terms, conditions, and limitations set forth in this
EULA, WE hereby grant to YOU a limited, non-exclusive, non-
transferable license to use the Software for a period of 1 (one) year
as follows.

YOU may:
(i) install the Software on one computer, on the condition
that only YOU will run the installed Software at any time.

If the License was paid, YOU may:
(ii) use the Software for YOUR business, internal business or own
private purposes.

If the License was a free one, YOU may:
(iii) use the Software only for your own private purpose. YOU are
not allowed to use the Software for commercial purpose.

YOU may not:

(i) permit any other person to use the Software or to exercise any of
the rights granted by US to YOU in this EULA.

(ii) sell, redistribute, encumber, give, lend, rent, lease,
sublicense, or otherwise transfer the Software, or any portions of the
Software, to anyone without the prior written consent of the Licensor;

(iii) reverse engineer, decompile, disassemble, modify, translate,
make any attempt to discover the source code of the Software, or
create derivative works from the Software.

All intellectual property rights in the Software are and will remain,
as between the parties, the property of the Licensor.

5. THIRD-PARTY SOFTWARE

The Software may embed or be linked statically or dynamically with
other Third-party software. The complete list of the Third-party
software can be found in the “third-party” subdirectory of the
Software.

(a) The Licensee agrees to comply with the terms and conditions
written in the respective Third-Party Software license agreements that
can be read in the “third-party” subdirectory of the Software.

(b) The Licensee agrees and acknowledges that Sections 6 and 7 of this
Agreement shall also govern Licensee’s use of the Third-Party
Software.

(c) THE LICENSOR PROVIDES NO WARRANTY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED  WARRANTIES OF MERCHANTABILITY, FITNESS FOR A  PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH RESPECT TO ANY THIRD-PARTY SOFTWARE.

6. LIMITED WARRANTY

(a) THE SOFTWARE IS PROVIDED TO THE LICENSEE “AS IS” AND  WITHOUT WARRANTIES. THE LICENSOR MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE  MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSOR DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE.

(b) IN ANY CASE, THE LICENSOR’S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT WILL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY THE LICENSEE FOR ITS CURRENT SOFTWARE LICENSE UNDER THIS AGREEMENT.

7. DISCLAIMER OF DAMAGES

(a) YOU are hereby informed that the activities of auditing and/or
crawling websites can be harmful for both YOUR infrastructure and the
target website infrastructure. These activities can lead to direct or
indirect damages, including, but not limited to, loss of data,
hardware or software failures, loss of profits. The Software is
running under YOUR responsibility. YOU are responsible especially
for:

(i) requesting all the required authorizations;

(ii) crawling websites in agreement with the target website’s owner;

(iii) planning crawls in order to minimize possible damages that might
occur during this activity.

(b) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE  LAW, IN NO EVENT WILL THE LICENSOR BE LIABLE TO THE LICENSEE UNDER ANY THEORY FOR ANY DAMAGES SUFFERED BY THE LICENSEE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, OR SIMILAR DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF THE USE  OR INABILITY TO USE THE SOFTWARE, OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES.