Introduction

Welcome to EnsembleData, a SaaS company which provides large volumes of 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.

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Definitions

1. “EnsembleData” refers to the B2B SaaS company providing the services.
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 at https://www.ensembledata.com/apis/docs
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 at https://www.ensembledata.com/pricing. 
2. All fees must be paid at the beginning of the monthly subscription for new Clients, whereas after the first month, clients have six (6) days for renewing the subscription. The fees is refundable only if the refund request has started up to three (3) days from the 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.

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• 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.
• This Agreement is not assignable, transferable, or sublicensable by the customer except with the Company's prior written consent.
• The Company may transfer and assign any of its rights and obligations under this Agreement without consent.
• 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.
• All waivers and modifications must be in writing signed by both parties, except as otherwise provided.
• 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.
• In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorneys’ fees.
• 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.
• This Agreement will be governed by the laws of Singapore without regard to its conflict of laws provisions.

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.