Terms of service
Read these Terms and Conditions (hereinafter referred to as the “Terms” or the “Terms of Use” interchangeably) carefully before using the website www.planetdataset.com (hereinafter referred to as the “Website”), the Planet Dataset application (hereinafter referred to as the “Application”), or any of our services. For the purposes of these Terms, “you” and “your” refer to you as the user of the services provided by Planet Dataset S.L. (hereinafter referred to as the “Service” or the “Services”).
Accessing, browsing, and using the Website, or using the Planet Dataset Application, as well as any of the Services, implies the express and unconditional acceptance of all the terms in these Terms of Use, with the same validity and effect as any written and signed contract between both parties. Consequently, these Terms apply without reservation to all visitors, users, and others who wish to access or use the Service, Application, or Website.
Compliance with these Terms is enforceable against any user who accesses, browses, or uses the Website, uses the Application, or receives any type of Services. If you disagree with the terms presented, do not access, browse, or use the Website or the Application. By accessing or using the Service, Application, or browsing the Website, you agree to be bound by these Terms. If you do not agree with any part of the Terms, you are not authorized to access the Service. If you access or use the Service on behalf of a company or entity, your company or entity is legally and financially responsible for your access and use of the Service, as well as for the use of your account by other individuals affiliated with your entity, including employees, agents, or contractors.
1. The Parties
These Terms are between you (hereinafter referred to as “you” or “User”) and Planet Dataset S.L. (hereinafter referred to as “Planet”), with Tax Identification Number (C.I.F.): B02759736 and registered address at C/ Bachiller Sansón Carrasco, 3, 2ºB, 29013, Málaga. Planet owns the aforementioned Website and Application and, through these Terms and Conditions, sets forth the contractual document governing the provision of services/products by Planet.
2. Planet’s Services
Planet owns, maintains, and operates application servers hosting web-based products and services to provide e-commerce information, news, media, and competitor pricing. Planet also owns and distributes web services APIs that function alongside the data management service.
3. License Grant
As long as these Terms are not violated, Planet will provide a limited, worldwide, non-exclusive, non-transferable, and revocable license to access the Planet software on its Website(s) or Application and access the information provided. You agree to pay Planet the fees established by Planet for the use of the tool in accordance with these Terms and Conditions.
If, by the payment due date, the applicable fee(s) have not been paid by the User, in addition to other actions that may be taken, Planet will be exempt from its obligation to provide the services under these Terms and Conditions. Planet may freely deny the User access to the Application and/or Website at the time of non-payment, while retaining the right to claim the unpaid amount as well as late payment interest at the prevailing rate from the time of non-payment through legally established means. Additionally, the User shall reimburse Planet for all expenses incurred in connection with the collection of amounts due under the provisions mentioned above.
4. License Restrictions and Use Only on the Site
Planet is designed to provide information related to your data and the market in which you operate. The use of Planet or its software across multiple sites with different domain names is not permitted unless explicitly agreed upon with Planet. You may not use Planet or its software through an application such as a toolbar, plugin, or other executable code running on a user’s computer, or via an independent digital media player. If specified in the contract, you may use Planet through a mobile application.
5. Conduct
The User is responsible for ensuring that both they and their users comply with all applicable laws, rules, and regulations, as well as these Terms and Conditions, in connection with their use of Planet. The User must not, and must not permit any third party to:
(a) transfer, sell, lease, syndicate, sub-syndicate, loan, or use Planet for co-branding, time-sharing, service bureau, or other unauthorized purposes, or any part thereof, or grant access to the same;
(b) modify, adapt, translate, prepare derivative works, decompile, reverse engineer, disassemble, or attempt to derive the source code of Planet or any part thereof, except for the public API published under a FOSS license, or any other technology, content, data, routines, algorithms, methods, ideas, design, user interface techniques, software, materials, and documentation of Planet;
(c) remove, deface, obscure, or alter Planet’s copyright notice, trademarks, or other proprietary notices affixed to or provided as part of Planet, or any technology, software, materials, and documentation of Planet;
(d) crawl, scrape, index, or store transiently or otherwise, information obtained from Planet, including but not limited to, copying or creating derivatives of such information;
(e) attempt to hack or gain unauthorized access to any non-site-related metrics from the Planet platform;
(f) create or attempt to create a substitute or similar service or product using Planet or proprietary information related to it; and/or
(g) engage in any action or practice that reflects poorly on Planet, causes harm or damage, or otherwise disparages or devalues Planet’s reputation, brand, or goodwill.
Planet may restrict, suspend, or terminate the account of any User who misuses the Services, Website, or Application.
Misuse of the Services, Website, or Application includes but is not limited to:
- Providing usernames or passwords to individuals other than the User;
- Abusing Planet’s messaging services;
- Creating false profiles;
- Selling, trading, or otherwise commercially exploiting the Services without Planet’s authorization;
- Infringing intellectual property rights; or
- Any other behavior that, at Planet’s sole discretion, is deemed contrary to its purpose or in violation of the service agreement and any other obligations outlined in the contract between Planet and the User.
Planet may terminate the service and the User’s account if the User breaches the terms of service provision at any time, with or without prior notice. Such termination will be effective immediately, or within the period specified in the notice, if applicable. Only Planet can revoke access to the services provided, including the Application or private area of the Website. The cancellation of the User’s Planet account includes disabling access to the Website or Application and may also include banning future use of the private area of the Website or the Planet Application.
6. Prices and Payment Methods
The prices applicable to each product will be those published on the website and will be automatically applied during the contracting process. In cases of limited-time promotions, the promotional discount will only apply if the order has been registered exclusively within the promotion period and all additional requirements specified by the promotion, if any, have been met.
The payment methods accepted for contracting Planet’s services will be those validly registered with Shopify International Limited at the time. It is recommended to verify Shopify’s terms and conditions regarding accepted payment methods.
7. Modifications
Planet’s software may be modified or discontinued at any time at Planet’s sole discretion, without prior notice to you, any user, or any third party. If Planet decides to terminate the service, your only option will be to cease using it, releasing Planet from any liability or damage as a result.
8. Service and Support
Planet, at its sole discretion, will (i) provide technical documentation for Planet software (with example code available), (ii) offer technical support as available through the Customer Panel, and (iii) provide updates and news on new features, versions, and technological updates. Plus-level Users will receive a higher level of support.
9. No Guaranteed Availability
Planet and its software may be subject to temporary outages due to causes beyond our reasonable control, and Planet will have no liability to you, your customers, or any third party for such outages. Planet will attempt to notify you about any factors or events that may cause a significant disruption in service delivery. Planet assumes no responsibility for the availability or unavailability of your Website or Application. If any unavailability of Planet causes your Website or Application to experience downtime or if you are unable to connect to Planet, you may contact us for assistance in resolving the issue. Planet is not obligated to assist you but may do so at its discretion, and in any case, is not obligated to help with software or interface issues caused by: (a) malfunctioning hardware or third-party materials for which you are responsible for maintenance, support, and/or operational responsibility; (b) any act of yours or a third party not acting on behalf of Planet; (c) improper use of Planet’s services via the Website or Application; or (d) any other event caused by force majeure.
10. Requirements for Using Planet’s Software
If you use Planet’s software, you must (i) provide the initial and incremental catalog data source and user behavior data in RSS, XML files, or another mutually agreed format, (ii) implement and maintain your own website, (iii) integrate Planet’s software into your website in a way that Planet operates as intended alongside your site, and (iv) implement and maintain connectivity between your site and Planet’s software.
11. Provision and Limitations
Planet uses proprietary algorithms and datasets that combine different products and services together and among themselves. As part of those algorithms and datasets, Planet has made certain assumptions, which the User may either agree or disagree with. However, the User represents and warrants that they are using Planet’s Service, Website, Application, and data based on an understanding that they have no objections to the assumptions made regarding those algorithms (which may include assumptions about matching rules, average rules, and availability rules) and have no objections to the limitations of any algorithm, assumption, or dataset.
12. Trademarks and Advertising
Planet owns both registered and unregistered trademarks and service marks, including, but not limited to, “Planet Dataset.” You are not granted any license to use any Planet trademark for any purpose, nor are you authorized to use it for any purpose unless specifically agreed upon by Planet.
13. Privacy
In accordance with the current data protection regulations, all personal data provided during the use of Planet’s Website or Application will be processed in accordance with the Privacy Policy, which all users must expressly accept in order to use the Website. It is recommended that you review the Privacy Policy available on the Website.
14. Term and Termination
You may terminate these Terms for any reason by notifying Planet in writing via email at least thirty days in advance of the date on which you intend to terminate the contract. Planet may terminate your use of the Service, Website, or Application at any time. Within two (2) business days following termination, (i) all rights granted to you under these Terms will cease, and (ii) you will remove all related Planet web service software from your site(s) and delete all references to Planet, being liable for any damages incurred by Planet due to non-compliance.
15. Taxes
Planet is not responsible for any taxes, duties, fees, excise taxes, or foreign, federal, state, local, or municipal taxes or other government fees that the User must pay as a result of or in connection with the provision of Planet. Each party shall pay all sales, use, or value-added taxes applicable in any national, state, provincial, or local jurisdiction to which it is subject in relation to these Terms. Each party will be responsible for paying any taxes applicable to its own income and activities.
16. Measures
You agree that the breach of any of the terms and conditions hereunder may cause irreparable harm to Planet, the extent of which would be difficult to determine. Therefore, the User agrees that, in addition to any other remedies Planet may have the right to, Planet may take immediate injunctive measures if you or any of your employees, consultants, or other agents breach these Terms and Conditions.
17. Representations
The User represents and warrants that: (a) all information provided by you to Planet in connection with your registration and use of Planet is true and accurate to the best of your knowledge and belief; (b) you have full power and authority to enter into and perform your obligations under these Terms, and entering into these Terms does not constitute a breach or violation of any other agreement or arrangement you are a party to; (c) your website(s) and its content do not: (i) infringe on third-party intellectual property rights, (ii) constitute defamation, slander, libel, or obscenity, (iii) result in consumer fraud, product liability, or breach of contract in which you are a party, or cause harm to a third party, (iv) promote violence or contain hate speech, (v) promote any illegal activity, or (vi) violate any applicable law, statute, ordinance, or regulation; (d) there are no pending lawsuits or other legal proceedings, or threats thereof, that may materially affect your ability to fulfill your obligations under these Terms; and (e) you will comply with all obligations under these Terms and use Planet’s software, Website, and Application only in accordance with applicable laws.
18. Indemnification
The User agrees to indemnify, defend, and hold harmless Planet and any of its affiliates (including directors, employees, or collaborators) from any claim arising or in any way related to (1) the User’s breach or the breach by any of the User’s representatives of these Terms and Conditions and any obligations arising from the contractual relationship with Planet; (2) third-party use of the User’s website; or (3) any damage and/or claim caused as a result of improper or wrongful use of the Website or the Application. The User will hold Planet harmless from any damages arising from claims, actions, or demands by third parties as a result of access or use of the Website or Application by the User. Additionally, the User agrees to indemnify Planet for any damages resulting from the use of “robots,” “spiders,” “crawlers,” or similar tools employed to collect or extract data from the Website or the Application, or any other actions that impose an unreasonable load on the functioning of Planet’s Website or Application.
19. Limitation of Liability
Under no circumstances will Planet be liable for any claim, indemnity, damage, or direct or indirect, incidental, special, or consequential damages (including but not limited to loss of use, revenue, profits, data, business, or interruption of the User’s business or activity) arising (i) from the access/use of Planet’s Website or Application, (ii) from these Terms and Conditions, or (iii) from the inability to use the functionality of the software, Website, or Application, even if the User has been notified of the possibility of such damages, and even if such damages are caused in whole or in part by Planet’s software or the acts or omissions of Planet. In no event will Planet’s liability under these Terms or the legal relationship arising from them exceed the fees paid by the User to Planet under these Terms.
20. No Transfer of Intellectual Property Rights
The User acknowledges and agrees that all content displayed on the Website, particularly designs, texts, images, logos, icons, buttons, software, trade names, trademarks, or any other signs susceptible of industrial and/or commercial use, are subject to intellectual property rights. All trademarks, trade names, or distinctive signs, as well as all industrial and intellectual property rights, over the contents and/or any other elements inserted into the page, are the exclusive property of the company and/or third parties, who have the exclusive right to use them in economic traffic. Nothing in these Terms constitutes the transfer of any property rights over the Intellectual Property of either party or even a right of use over the same unless explicitly agreed upon by the parties. “Intellectual Property” refers to all ideas, concepts, designs, inventions, creative works, discoveries, patents, products, specifications, software programs, databases, original works of art and authorship, formulas, processes, compositions of matter, improvements, drawings, notes, documents, information, mask works, trade secrets, and materials created, as well as any improvements to them, trademarks, trade names, and related sales, business, and marketing plans.
21. No Warranty
Planet’s software, Website, or Application are provided without warranties of any kind, including warranties of non-infringement, quality, performance, merchantability, or suitability for a particular purpose. No warranty is created for proper or commercial use. Planet does not guarantee that Planet’s service or Application will meet the User’s needs, will be free of errors, or that the operation of Planet or the User’s website will not be interrupted, expressly disclaiming liability in these cases.
22. Relationship Between the Parties
The parties are independent contractors. No person performing any of the tasks or services described in this document on behalf of one party will be considered an agent, servant, or employee of the other. Each party will be responsible for the acts or omissions of its own agents, employees, and subcontractors. Nothing in this document will be interpreted as creating a partnership or joint venture between the parties.
23. Force Majeure
Neither party will be liable for any failure to perform due to unforeseen circumstances or causes beyond the parties’ control, including, but not limited to, war, riots, embargoes, acts of civil or military authorities, earthquakes, fires, floods, accidents, strikes, and inability to perform despite a good faith effort to continue fulfilling obligations under these Terms and Conditions.
24. Governing Law and Jurisdiction
For any dispute arising from or related to this Website, the Application, or any of the services provided by Planet, the applicable law will be Spanish law in force at the time of the dispute, and the parties submit to the jurisdiction of the courts of Málaga, Spain. The parties expressly waive any objection to the jurisdiction and venue of such courts.
25. Severability
If any provision of these Terms is deemed invalid or unenforceable by a competent court, that provision will be modified and interpreted to fulfill the original intent of the provision to the greatest extent permitted by law, and the remaining provisions of these Terms will remain in full force and effect.
26. No Waivers
No delay or omission by Planet in demanding performance or exercising any right under these Terms will be considered a waiver of any provision or any right under these Terms; and a waiver, omission, or delay in demanding such performance or exercising such a right on one occasion will not be construed as a prohibition or waiver of such performance or right on any future occasion.
27. Entire Agreement
Each party acknowledges that it has read these Terms, understands them, and agrees to be bound by them. These Terms represent the complete understanding of the parties with respect to the subject matter and replace all prior agreements, negotiations, representations, statements, and writings between the parties related to this subject.