Terms And Conditions

EnsembleData Pte. Ltd. is a Singapore-based company operating in full compliance of the local laws.

Introduction

Welcome to EnsembleData, a SaaS company which provides only publicly available social media data through its scraping APIs.
Our services allow clients to access social media data in real-time through the use of our REST APIs.
By using our services, you agree to be bound by the following terms and conditions (“Terms and Conditions” or “Agreement”).
Please read these Terms and Conditions carefully before using our services. If you do not agree to these terms, do not use our services.

Definitions

1. “EnsembleData” refers to the B2B SaaS company providing the services, also referred to as the "Company".
2. “Client” refers to the individual or entity that has entered into this Agreement with EnsembleData and is using the services.
3. “Services” refers to the APIs and related services provided by EnsembleData for accessing social media data.
4. “API” refers to the application programming interface provided by EnsembleData for accessing the social media data and listed here .
5. “Data” refers to the social media data accessed through the use of the APIs. The data includes but is not limited to posts, mentions, user profiles etc.
6. "Token" refers to the unique identifier which gets assigned to the Client when signing up on our dashboard and will be used for accessing the APIs and monitor the daily usage.
7. "Units" refers to the currency used in our system. Every API call might charge a different number of units according to the complexity of the call.

Usage Restrictions

1. Clients may only use the APIs and Data for lawful purposes and in accordance with these Terms and Conditions.
2. Clients may not use the APIs or Data for any illegal or unethical purposes, including but not limited to, spamming, hacking, or phishing.
3. Clients may not use the APIs or Data to create a product or service that competes directly with EnsembleData’s services.
4. Clients may not use the APIs or Data in a manner that would cause harm to EnsembleData, its employees, agents, or any third party.
5. Clients are solely responsible for ensuring that their use of the APIs and Data complies with all applicable laws, regulations, and industry standards.

Ownership

1. The APIs are proprietary to EnsembleData and are protected by intellectual property laws.
2. Clients have a limited, non-exclusive, non-transferable license to use the APIs solely for the purpose of accessing the Data in accordance with these Terms and Conditions.
3. Clients have no right to use, modify, or distribute the APIs except as expressly provided in these Terms and Conditions.
4. Clients have no right to reverse engineer, decompile, or otherwise attempt to gain unauthorized access to the source code of the APIs.

Fees and Payments

1. EnsembleData charges a monthly fee for the use of its services, which depends on the number of maximum daily units chosen by the Client. The different pricing schema can be found here.
2. Each subscription can start on any day of the month and renews on the same day each month. For new Clients, all fees must be paid at the beginning of the first monthly subscription period. After the first month, Clients have six (6) days to complete the payment for renewal. Fees are refundable only if the refund request is made within three (3) days of payment.
3. EnsembleData reserves the right to modify its fees at any time with prior notice to the Client.
4. If the Client fails to pay any fees due, EnsembleData may suspend the Client’s access to the APIs.
5.The Client has the right to ask to get a refund for the day if the service is unavailable for more than three (3) hours during that day.

Limitation of Liability

1. EnsembleData’s liability to the Client for any and all claims arising out of or relating to this Agreement, the Services, or the Data, regardless of the form of action, shall not exceed the total amount paid by the Client to EnsembleData during the previous twelve (12) months.
2. In no event shall EnsembleData be liable to the Client for any indirect, incidental, special, or consequential damages, including but not limited to, loss of profits, loss of business, or loss of data.

Indemnification

1. The Client agrees to indemnify and hold harmless EnsembleData and its employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, and expenses arising from or related to the Client’s use of the Services or Data, including but not limited to, the Client’s violation of these Terms and Conditions.

Termination

1. EnsembleData may terminate this Agreement and the Client’s access to the Services and Data at any time, for any reason, with prior written notice to the Client.
2. The Client may terminate this Agreement at any time, for any reason, with prior written notice to EnsembleData.

Warranties and Disclaimers

1. EnsembleData makes no warranties, express or implied, with respect to the Data accessed through the APIs, including but not limited to, any warranties of accuracy, completeness, merchantability, or fitness for a particular purpose.
2. EnsembleData is not responsible for any errors or inaccuracies in the Data, and the Client assumes all risks associated with the use of the Data.
3. EnsembleData is not responsible for any damage or loss that may result from the use of the Services or the Data, including but not limited to, direct, indirect, incidental, special, or consequential damages.
4. EnsembleData makes no representation or warranty that the Services or Data will meet the Client’s requirements or that the use of the Services or Data will be uninterrupted or error-free.
5. EnsembleData erases the requests logs every 1st of the month. The Client has the right to ask for the logs only in the current month.

Miscellaneous

1. If any provision of this Agreement is found to be unenforceable or invalid, it will be limited or eliminated to the minimum extent necessary to keep the Agreement in full force and effect and enforceable.
2. This Agreement is not assignable, transferable, or sublicensable by the customer except with the Company's prior written consent.
3. The Company may transfer and assign any of its rights and obligations under this Agreement without consent.
4. This Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of the Agreement.
5. All waivers and modifications must be in writing signed by both parties, except as otherwise provided.
6. No agency, partnership, joint venture, or employment is created as a result of this Agreement and the Customer does not have any authority to bind the Company in any respect.
7. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorneys’ fees.
8. All notices under this Agreement must be in writing and will be deemed to have been given when received if personally delivered, when receipt is electronically confirmed if transmitted by fax or email, the day after it is sent if sent for next-day delivery by recognized overnight delivery service, and upon receipt if sent by certified or registered mail, return receipt requested.
9. This Agreement will be governed by the laws of Singapore without regard to its conflict of laws provisions.
10. By agreeing to these Terms of Conditions, you grant EnsembleData a non-exclusive, royalty-free, worldwide license to use your logo solely for the purpose of marketing, advertising, and promoting EnsembleData’s services. This includes, but is not limited to, use on EnsembleData's website, social media platforms, and promotional materials. You may revoke this license at any time by providing written notice to EnsembleData.

Intellectual Property Rights

All content on this Website, including but not limited to text, graphics, logos, images, videos, and software, is the property of EnsembleData and is protected by applicable intellectual property laws.
You are granted a limited license to access and use the Website for your personal, non-commercial use, subject to the restrictions set out in these Terms.

You may not:
- Republish content from our Website.
- Sell, rent, or sub-license any content from the Website.
- Reproduce, duplicate, or copy content from our Website for commercial purposes.
- Redistribute content from our Website without our prior written consent.

Unless otherwise stated, EnsembleData and/or its licensors own the intellectual property rights for all material on this Website. All intellectual property rights are reserved.
Any unauthorized use of the materials on this Website may violate copyright, trademark, and other laws, and could result in criminal or civil penalties.

Privacy

1. EnsembleData fetches only publicly available data from social media. No cookies or fake accounts are used to perform logins in order to fetch data from the social media.
2. EnsembleData does not store any customer information other than email addresses, hashed password, a unique 16-character random case-sensitive alphanumeric token to access our service, the customer usage of the APIs as well as subscription dates.
3. EnsembleData dashboard uses cookies after signing up or logging in the dashboard. The cookies are used for authenticating the user in the platform uniquely. Moreover, the cookies are used for setting the user preferences of the graphical interface.
4. EnsembleData and its customers have a legitimate interest in crawling social media for marketing purposes. As referred in Recital 47 of GDPR (7) : The processing of personal data for direct marketing purposes may be regarded as carried out for a legitimate interest.
5. Regarding the information to be provided where the personal data have not been obtained from the data subject: please refer to Article 14 of the GDPR, section 5b here.