TERMS OF USE

1. LEGAL IDENTIFICATION

LOBSTR, a Société par Actions Simplifiée (SAS) incorporated in France, with a registered capital of €2, is listed in the Créteil Trade and Commerce Registry under the identification number 841840499.

Registered Office 5 Avenue du Général de Gaulle, 94160 SAINT-MANDÉ, France.

VAT Identification Number FR21841840499

Authorized Representatives Sasha Bouloudnine (President and Co-Founder) Simon Rochwerg (Chief Operating Officer and Co-Founder)

Editorial Director Sasha Bouloudnine

Contact Information Email: contact@lobstr.io

Hosting Service SCALEWAY SAS Address: 8 Rue de la Ville l’Evêque, 75008 Paris, France Website: https://www.scaleway.com/

The following Terms of Service (“Terms”) govern the interaction between LOBSTR, a Société par Actions Simplifiée registered in France, with a capital amount of €2 and its official domicile at 5 Avenue du Général de Gaulle, 94160 SAINT-MANDÉ, France, herein represented by Sasha Bouloudnine, authorized for these purposes (“LOBSTR”), and any individual or legal entity (“User”) registered to utilize the services offered through LOBSTR’s online platform accessible at LOBSTR Website (“Platform”).

Hereinafter, LOBSTR and the User may be individually referred to as a “Party” and collectively as the “Parties.”

Should the User be a legal entity that authorizes its employees, agents, directors, or subcontractors (collectively referred to as “Users”) to access the Platform, the legal entity is responsible for making these Terms known to such Users. The legal entity assures that these Users will adhere to these Terms and holds LOBSTR harmless for any violations of these Terms by such Users.

These Terms stipulate the framework within which the User may access and use the Platform.

Unconditional acceptance of these Terms is required for registration on the Platform. By registering, the User confirms that they have fully read, understood, and accepted these Terms.

2. TERMINOLOGY

The capitalized terms and phrases within this Terms of Service shall bear the meanings ascribed below, regardless of whether they appear in singular or plural forms.

“Squid” Refers to any automated or semi-automated software agents provided by LOBSTR via the Platform, designed to interface with third-party servers. These Squids are proprietary creations of LOBSTR.

“Store” Denotes the digital marketplace operated and hosted by LOBSTR.

“Force Majeure” Defines events that are beyond the Parties’ control, unforeseeable, and unavoidable, as recognized by French jurisprudence. Such events may include but are not limited to: acts of war (whether declared or not), acts of terrorism, invasions, insurrections, blockades, sabotage, labor strikes external to both Parties, severe weather conditions (such as floods, storms, hurricanes), “natural disasters,” fires, epidemics, disruptions in transportation or supply (including energy), failures in electrical, heating, air conditioning, telecommunications, or data transport networks, and satellite malfunctions.

“Intrusion Test” Specifies any software utility (including, but not limited to, Loadrunner, Winrunner, Silk Performer, Rational Robot, QALoad, and WebLOAD) intended to simulate human actions automatically for purposes such as data entry, data migration, load testing, performance testing, performance monitoring, performance measurement, or “stress tests.”

“Services” Encompasses the automated hosting and execution services for Squids made available to Squiders.

“Squider” Refers to the User who seeks to utilize Squids available on the Store for data collection and task automation on the internet.

3. PLATFORM ACCESSIBILITY

Enrollment Procedure

To initiate registration on the Platform, the User is required to accurately and comprehensively complete all designated fields within the registration form. Fields mandating the User’s information for transmission to LOBSTR are expressly highlighted during the registration process.

The User hereby asserts and affirms that the utilization of the Platform is solely for professional activities, thereby exempting the User from being classified as a “consumer” under the governing law.

In the event of a misrepresentation or omissions within the User’s declarations, LOBSTR reserves the right to unilaterally deactivate the User’s account, effective immediately and without prior notification. The User concedes that LOBSTR shall not incur liability arising from any such deactivation resultant from incomplete or inaccurate declarations.

The User avers capability for contractual engagement. Any User deemed a minor under the relevant jurisdiction is expressly prohibited from utilizing the Services.

Account creation may be accomplished via the email address furnished to LOBSTR and a User-selected secure password, or through a third-party connectivity module. For security measures, Users are advised to opt for a complex password comprising varied character types and to regularly update said password.

The User’s personal account is equipped with functionalities allowing for the modification of personal details.

Both username and password are proprietary credentials and must not be divulged to external parties. All actions carried out on the Platform under the User’s credentials shall be presumed to be executed by that specific User.

In the event of an unauthorized disclosure of login credentials, the User shall be required to navigate to https://app.lobstr.io/auth/forgot-password for the purpose of generating a replacement password.

Platform Accessibility

Users bear the exclusive responsibility for provisioning the requisite IT and telecommunications infrastructure for Platform access. LOBSTR shall endeavor, within reasonable bounds, to maintain uninterrupted Platform accessibility on a 24/7 basis.

LOBSTR reserves the unilateral right, without the obligation for prior notice or compensation, to either temporarily or permanently discontinue Platform operations for the sake of performing essential maintenance.

Furthermore, LOBSTR retains the discretion to implement any modifications or enhancements to the Platform as deemed appropriate.

4. SERVICES RENDERED

The Services accord the Squider the capabilities to (i) deploy and manage Squids through LOBSTR’s server architecture, (ii) secure the data harvested, and (iii) convert said data into the requisite file format seamlessly.

Squid Deployment and Operation

The Platform furnishes the Squider with the means to deploy and manage a chosen Squid on a preselected website for the execution of designated tasks.

Squiders are required to select an appropriate Squid via the Store for deployment. The comprehensive catalog of Squids accessible through the Store can be reviewed at the following link: https://lobstr.io/store.

Data Storage Services

Contingent on the preferences stipulated by the Squider, data aggregation may occur during the Squid operation. In such instances, the harvested data may either be stored on LOBSTR’s Platform or on a third-party server as specified by the Squider. Should the data be housed on LOBSTR’s Platform, the Squider reserves the right to export either a portion or the entirety of the amassed data, provided that all pending invoices from LOBSTR have been settled in full.

The technical infrastructure hosting the Platform and, where relevant, the collated data, is configured and furnished by LOBSTR at its sole discretion. This infrastructure may be apportioned among multiple Squiders subscribing to LOBSTR’s Services.

5. FINANCIAL TERMS

Subscription and Pricing

Access to and utilization of the Platform are subject to financial considerations as delineated on the pertinent page, accessible at https://lobstr.io/pricing.

Certain subscription models, including but not limited to those without financial commitment (“free subscriptions”), may encompass usage restrictions such as data volume limitations or conditions on data export. These restrictions are explicitly stated on the relevant subscription page.

Subscription Duration and Renewal

The User engages in a subscription for a predetermined term, herein referred to as the “Initial Period.” Subsequent to the lapse of the Initial Period, and each consecutive period thereafter, the subscription shall undergo automatic renewal for an identical duration, barring early termination in accordance with the stipulations contained within these Terms and Conditions. LOBSTR shall issue invoices on a monthly basis, in arrears.

Payment Specifications

The subscription fee may be articulated in either Euros (€) or American Dollars ($), inclusive of all requisite taxes, contingent on the fiscal regulations applicable to the User. The subscription fee is enforceable commencing from the date of order validation by the User.

Payment Processing and Security

LOBSTR has delegated the financial transactions associated with User payments to Stripe, which is PCI DSS Level 1 certified. The terms of service for Stripe are delineated here: https://stripe.com/fr/legal/ssa.

The User avows to LOBSTR that they possess the requisite authorizations to employ the payment mechanism chosen at the time of order validation. Payment for the service shall be debited from the User’s account upon order processing. LOBSTR will employ stringent measures to assure the security and confidentiality of data transmitted online. Payment processing will be exclusively managed by the Payment Services Provider, which will retain sole access to the User’s financial information input during payment. LOBSTR retains the right to postpone any order and associated service provision in the event of refusal of payment authorization by a recognized financial institution or in instances of non-payment.

Default on Payment

In the event of non-compliance with the payment obligations, immediate suspension of the User’s access to the Platform shall ensue.

6. OBLIGATIONS OF PARTIES

Obligations of Squiders

Squiders are obligated to:

(i) Procure requisite permissions for accessing websites through Squids; (ii) Abstain from extracting substantial portions of databases, whether in terms of quality or quantity; (iii) Refrain from unauthorized access to confidential or proprietary information; (iv) Observe all third-party rights, including but not limited to copyrights, patents, trademarks, trade secrets, and other intellectual property or proprietary rights; (v) Comply with all pertinent laws, statutes, ordinances, and regulations, inclusive of those related to the protection of personal data.

Squiders acknowledge that LOBSTR exercises no prior control over Squid operations, Data Collection, or User-generated content on the Platform. Squiders recognize that LOBSTR shall bear no liability for non-compliance with the stipulations set forth in this Article 5.1.

General User Obligations

Users are expressly forbidden from the following activities, unless prior written authorization from LOBSTR has been secured:

(i) Posting or transmitting content via the Platform that is unlawful, menacing, defamatory, obscene, discriminatory, or otherwise in violation of these Terms and Conditions or applicable law; (ii) Engaging in activities that impair the performance or functionalities of the Platform or any other computing systems or networks employed by LOBSTR or any third party, or that negatively affect other Platform Users; (iii) Uploading or disseminating any software, hardware, or routines containing malicious elements such as viruses, Trojan horses, worms, or any other destructive features.

Users are hereby reminded that, pursuant to Articles 323-1 and following of the French Penal Code, offenses related to unauthorized system access, data modification, or system obstruction are punishable by imprisonment for up to five (5) years and fines of up to 150,000 Euros.

LOBSTR is committed to promptly addressing any demonstrably unlawful use of the Platform that infringes upon third-party rights. As such, Users (i) accept that their Platform usage may be subject to immediate temporary or permanent suspension, and (ii) indemnify LOBSTR against any liabilities, costs, or damages arising from such non-compliant Platform usage.

Limitations on LOBSTR’s Intervention

LOBSTR’s involvement with the Platform is strictly confined to: (i) Necessary operations associated with the provision of services commissioned by a User; (ii) Maintenance and support activities required for Platform operability; (iii) Removal of manifestly unlawful content of which LOBSTR has been duly notified.

7. LICENSE FOR PLATFORM USE

Grant of License

LOBSTR hereby confers upon the User a global, non-exclusive, non-transferrable, and non-sublicensable right to employ the Platform for the duration of the User’s active account on said Platform.

Restrictions

Absent express written consent from LOBSTR, the User shall abstain—and shall prohibit any third parties acting on their behalf, including but not limited to employees, agents, affiliates, and subcontractors—from:

(i) Decompiling, disassembling, or reverse-engineering the Platform, or attempting to discern its source code, foundational ideas, algorithms, file formats, or interoperability features, except as permitted under Article L. 122-6-1 of the French Intellectual Property Code. Should the User wish to obtain information to facilitate Platform interoperability with other software, they are obliged to petition LOBSTR for such information. LOBSTR reserves the right to furnish such information upon payment of associated fees by the User;

(ii) Independently or with third-party assistance, rectifying any Platform defects to render it compliant with its intended use. This right is exclusively vested in LOBSTR in accordance with Article L. 122-6-1 I 2° of the French Intellectual Property Code;

(iii) Removing or altering any notifications, labels, or references pertaining to the intellectual property rights of LOBSTR or any third parties;

(iv) Engaging in the transfer, utilization, or exportation of the Platform in a manner that contravenes applicable laws;

(v) Integrating, associating, or amalgamating the Platform with any other software or documents, or generating derivative works based in whole or part on the Platform;

(vi) Conducting any activities with the Platform other than those explicitly sanctioned by these Terms and Conditions.

8. PERSONAL DATA

For details pertaining to the protection and processing of personal data, please consult the Personal Data Agreement available at LOBSTR Personal Data Agreement.

9. INTELLECTUAL PROPERTY

The Platform, including but not limited to the Squids created by LOBSTR, is the sole and exclusive property of LOBSTR.

All content not uploaded by the User, encompassing data, functionalities, text, titles, images, photos, graphics, trademarks, and auditory elements, are the proprietary assets of either LOBSTR or its authorized licensors. These Terms and Conditions do not purport to transfer any ownership or licensing rights in LOBSTR’s intellectual property. No element of the Platform may be downloaded, reproduced, modified, removed, disseminated, published, transmitted, or exploited in any manner without the explicit written consent of LOBSTR or its authorized licensors.

10. THIRD-PARTY WEBSITES AND CONTENT

The Site may contain (or you may be sent via the Site) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

Any mention and/or reproduction on this site of distinctive signs of Third Parties, and in particular Third Party trademarks, is made as a necessary reference to indicate the intended purpose of a product or service offered by the Company. The intellectual property rights on these signs remain the exclusive property of their respective owners, who have no specific connection with the Company.

11. WARRANTY AND LIMITATION OF LIABILITY

It is mutually acknowledged by both Parties that LOBSTR operates solely as a hosting provider for the content made accessible via its Platform. As such, LOBSTR is under no general obligation to oversee or monitor said content.

To the maximum extent permissible under applicable law, LOBSTR disclaims all warranties, express or implied, towards the Users. LOBSTR does not assure the Platform’s uninterrupted or error-free functionality, nor does it guarantee the absence of software bugs. The User explicitly recognizes the inherent risks of data transmission over the Internet, which include but are not limited to delays, loss, interception, and corruption of data. Consequently, any confidential information sent by the User over the Internet is done at the User’s sole risk.

To the fullest extent permitted by applicable law, the User agrees that the Platform is supplied “as is” and that LOBSTR shall bear no liability for any direct or indirect damages that may arise from the use of the Platform. Thus, the User explicitly renounces any right to seek damages. Should LOBSTR be subjected to any financial penalty for any reason whatsoever, the Parties explicitly agree that the amount of said penalty shall not surpass the total sum actually paid by the User for the most recent six (6) months of their subscription. Both Parties agree that this limitation represents a reasonable allocation of risk based on their respective commitments within these Terms and Conditions.

Subject to the constraints of applicable laws, the User may hold LOBSTR accountable for any breach of these Terms and Conditions only within one (1) year from the date upon which such breach occurred. The User explicitly acknowledges and accepts this limitation.

12. TERMINATION

The User reserves the right to cease their subscription either by conveying an electronic mail to contact@lobstr.io or directly via the functionalities provided on the Platform. Such termination shall become effective upon the expiration of the current subscription term.

Should the User so desire, a formal request may be made to LOBSTR for the deletion of their account.

LOBSTR is expressly authorized to (i) suspend the User’s access to the Platform or to specific functionalities thereof, or to (ii) unilaterally terminate the User’s account without requirement for notice, formal procedures, or indemnification, by means of electronic or standard mail under the following conditions:

(i) The User’s usage of the Platform is found to contravene public order or commonly accepted moral principles; (ii) Infringement upon the intellectual property rights of LOBSTR or any third party by the User; (iii) Loss, misappropriation, or unauthorized or suspicious fraudulent usage of username and password, or suspected fraudulent payment activity by the User; (iv) The creation, dissemination, or provision through the Platform of content that is unlawful or in violation of these Terms and Conditions; (v) Upon termination, the User is prohibited from utilizing the Platform through their account, which will consequently be closed.

LOBSTR retains the discretion to discontinue access to the Platform either temporarily or permanently at any time. In the event of a permanent discontinuation, the User shall be notified by means determined at LOBSTR’s discretion.

Neither LOBSTR nor any of its affiliates shall be liable to the User, a Developer, or any third-party entity for any termination or suspension of the User’s account in accordance with the terms delineated in this Article.

13. MISCELLANEOUS

Intrusion Testing Parameters

The User is granted the privilege to deploy automated mechanisms, herein referred to as “Robots,” in interaction with the Platform, subject to the condition that such activity (i) shall not instigate the formation of one or multiple user accounts on the Platform; and/or (ii) shall not be classified as an Intrusion Test as defined herein.

The User indemnifies LOBSTR against any damages, losses, legal actions, expenses, judgments, or costs (inclusive of any third-party compensatory obligations, particularly those pertaining to LOBSTR’s clients) stemming from non-availability, production incidents, or other technical disruptions occurring during the User’s conduct of an Intrusion Test.

Reporting of Unlawful Content

In accordance with Article 6, I, 7° of Law No. 2004-575 dated June 21, 2004, LOBSTR is not under a general obligation to supervise the content hosted on the Platform.

If the User identifies content on the Platform that violates applicable laws or regulations, including but not limited to overtly unlawful content (e.g., infringement of third-party rights, defamation), the User may report such to LOBSTR via an email form available on the Platform or the designated reporting tool within profile pages.

Amendment of Terms and Conditions

LOBSTR reserves the unilateral right to amend these Terms and Conditions at any given time for any reason. Notification of such changes will be made by updating the ‘Last Updated’ date within these Terms and Conditions, accessible through the User’s account and on the Platform. Users not expressly agreeing to new Terms may invoke Article 11.3 to terminate their accounts.

Force Majeure

Neither Party shall be accountable for delays or failures in performance resulting from acts beyond their control, constituting a Force Majeure event.

Non-Waiver Clause

Failure by either Party to exercise rights under this Agreement does not constitute a waiver of those rights unless expressly stated.

Electronic Evidence Convention

Computerized records maintained within LOBSTR’s secure systems shall be accepted as evidence of communications, activities, transactions, and payments undertaken on the Platform or via email.

Interparty Relationship

Except as explicitly provided, the Parties shall remain independent entities. Nothing herein creates a partnership, joint venture, or any agent-principal relationship between them.

Severability

Should any provision herein be deemed void or unenforceable by a competent jurisdiction, the remaining provisions shall remain in effect. The invalid provision will be substituted by a legally permissible provision closely matching the intent and financial impact of the original.

14. GOVERNING LAW

These Terms and Conditions shall be construed, interpreted, and governed by the laws of the French Republic.

Any and all disputes arising out of or in connection with the formation, interpretation, execution, and/or cessation of these Terms and Conditions shall fall under the exclusive jurisdiction of the Courts of Paris, irrespective of the multiplicity of defendants.