Terms and Conditions of Service
Effective Date: NOV 2025
Agreement to Terms
These Terms and Conditions of Service (“Terms”) govern your use of the services provided by Jyaba (“Jyaba,” “we,” “us,” or “our”) which include web data extraction, custom scraping solutions, data management, and related services (collectively, the “Services”).
By accessing or using the Services, you (“Client,” “you,” or “your”) agree to be bound by these Terms and our Privacy Policy. If you do not agree to all the Terms, you may not access or use the Services.
Definitions
We work on the following definitions when you use Jyaba’s services:
Services
The web data extraction, data management, and custom solutions provided by Jyaba to the Client.
Client Data
Extracted Data
Platform/ Technology
Provision of Services
A. Scope of Services
Jyaba will provide the Services to the Client as outlined in a separate, mutually agreed-upon Statement of Work (“SOW”) or service agreement. The SOW will detail the target websites, data fields, delivery frequency, and any specific technical requirements.
B. Service Limitations
The Client acknowledges that access to third-party websites is outside of Jyaba’s control. Jyaba does not guarantee continuous, uninterrupted, or error-free access to data sources. Service performance may be affected by changes to source websites, anti-bot measures, geo-blocking, or legal injunctions. Jyaba will use commercially reasonable efforts to adapt to such changes.
Client Obligations and Acceptable Use
The Client represents and warrants that they shall use the Services and the Extracted Data lawfully and ethically.
A. Legal Compliance
The Client is solely responsible for ensuring that the commissioning, extraction, and subsequent use of the Extracted Data complies with all applicable national and international laws, regulations (including but not limited to GDPR, CCPA), and any relevant third-party website Terms of Service.
B. Non-Malicious Use
The Client shall not request the extraction of data that:
- Is protected by a valid copyright, trademark, or trade secret, where the Client lacks the necessary rights or licenses.
- Constitutes private, non-public personal information where the data subject has not consented to its publication or scraping.
- Requires access to restricted or password-protected areas without explicit legal authorization.
C. No Resale of Technology
The Client shall not, without prior written consent, reproduce, modify, distribute, or create derivative works based on Jyaba’s Platform or Technology.
Intellectual Property (IP)
A. Ownership of Extracted Data
Upon delivery and successful payment, the Client shall own all rights, title, and interest in the Extracted Data, provided the Client’s use complies with all laws and third-party rights (as stipulated in Section 4).
B. Ownership of Platform and Technology
Jyaba retains all rights, title, and interest in and to its Platform, Technology, software, processes, and any underlying intellectual property used to provide the Services. The Client receives only a license to use the Services as defined here in; no ownership of the underlying technology is transferred.
Payment, Fees, and Termination
A. Fees and Payment
The Client agrees to pay the fees specified in the relevant SOW or service agreement. All payments are due according to the agreed-upon payment schedule. Failure to pay may result in the suspension or termination of Services.
B. Termination
Either party may terminate the agreement under the conditions specified in the SOW. Jyaba may terminate or suspend the Services immediately, without liability, if the Client breaches Section 4 (Client Obligations) or fails to make timely payments.
Warranties and Disclaimers
THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
Jyaba expressly disclaims all warranties, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Jyaba does not warrant that the Services will be error-free or uninterrupted, or that the Extracted Data will satisfy every specific regulatory requirement of the Client’s internal processes.
Limitation of Liability and Indemnification
A. Limitation of Liability
In no event shall Jyaba be liable for any indirect, incidental, punitive, special, or consequential damages arising out of or in connection with these Terms or the Services, including loss of profits or data, even if advised of the possibility of such damages. Jyaba’s total aggregate liability to the Client shall not exceed the total fees paid by the Client to Jyaba for the Services in the twelve (12) months preceding the claim.
B. Indemnification
The Client agrees to indemnify, defend, and hold harmless Jyaba, its affiliates, officers, directors, and employees from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to the Client’s use or misuse of the Extracted Data, including any claim alleging that the Client’s use of the Extracted Data violates any third party’s intellectual property rights or applicable law.
Governing Law
These Terms shall be governed by and construed in accordance with the laws of [Insert Governing Jurisdiction, e.g., the laws of Nepal], without regard to its conflict of laws principles.
Contact Information
If you have any questions about these Terms and Conditions, please contact us:
Email: in**@***ba.com
Address: Fulbari, Pokhara, Nepal