We are K2 Development d.o.o. ("Company", "we", "us", or "our"), a company registered in Slovenia at the Business Register of Slovenia (AJPES).
We operate the website https://www.shopscraping.com (the "Site", "Shopscraping" ), as well as any other related products and services that refer or link to these Terms of Use (the "Terms" or the "Agreement") (collectively, the "Services").
You can contact us by email at k2development.io@gmail.com or by mail to Maistrova ulica 16, Kamnik, Slovenia.
These Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you", "User"), and K2 Development d.o.o., concerning your access to and use of the Services. The Terms govern access to, consultation of, browsing of, and more generally the use of the Services. The applicable Terms are those in force when the User creates an Account and/or subscribes to the Services. The use, registration, subscription, or payment entails the User’s full and complete acceptance of the Terms in force.
You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Terms. Any User who does not wish to adhere to and comply with the applicable Terms must refrain from using the Services in any way and if applicable, close their Account.
We reserve the right, in our sole discretion, to make changes or modifications to these Terms from time to time. We will alert you about any changes by updating the "Last updated" date of these Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms by your continued use of the Services after the date such revised Terms are posted.
The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.
By accepting the Terms, the User acknowledges that they have been able to obtain all necessary information from K2 Development d.o.o. in order to assess whether the Services meet their own needs.
1. Description of the Services
These Terms set forth the terms and conditions governing the use of the Services provided by K2 Development, including: (i) the creation of web scraping configurations using Shopscraping, developed and owned by K2 Development; (ii) access to and the right to use the application programming interface (API), including the hosting, during the term of these Terms, of data generated through the Services by the User (the “User’s Data”); and (iii) any additional services provided through Shopscraping, such as training, animation, content production, and custom development services (the “Professional Services”), which shall be provided pursuant to a separate purchase order or specific terms and conditions agreed between the parties (each, a “Purchase Order”).
As part of the Services, the User is granted access to a no-code interface that enables the configuration and management of web scraping and monitoring workflows. The features, functionality, and scope of the no-code interface may vary depending on the User’s subscription plan or applicable Purchase Order.
K2 Development reserves the right, at its sole discretion, to modify, update, or discontinue any aspect of the Services, including the layout, presentation, functionality, graphic design, and application programming interfaces (APIs), at any time. Such modifications may affect the compatibility of the Services with existing configurations or integrations, and K2 Development shall have no liability arising from such changes.
The Services are provided as a technical platform only. K2 Development does not provide legal, regulatory, or compliance advice and does not monitor, review, or validate the legality of the User’s web scraping configurations, monitored targets, or use of collected data. The User is solely responsible for ensuring that its use of the Services complies with all applicable laws, regulations, and third-party terms.
The information accessible through the Services is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to applicable law or regulation, or which would subject K2 Development to any registration or licensing requirement. Users who access the Services from other jurisdictions do so on their own initiative and are solely responsible for compliance with local laws.
The Services are not designed to comply with industry-specific regulations, including but not limited to the Health Insurance Portability and Accountability Act (HIPAA), the Federal Information Security Management Act (FISMA), or similar frameworks. The User may not use the Services in connection with activities or data subject to such regulations, nor in any manner that would violate the Gramm-Leach-Bliley Act (GLBA).
2. Access to the Services
Access to and use of the Services require an Internet connection. The User is solely responsible for the proper functioning, security, and maintenance of its own information systems, devices, and Internet connection required to access and use the Services. K2 Development shall not be responsible for any failure, interruption, or degradation of the Services resulting from the User’s technical environment.
Accounts and Access Credentials
To access the Services, each User must create an account by providing accurate, complete, and up-to-date information, including name, contact details, and a valid email address (the “Account”). Billing information is not required to create an Account or access a free trial, where applicable, but is mandatory to subscribe to a paid subscription.
Users may authenticate either through a single sign-on (SSO) mechanism supported by the Services or through a unique login and password issued or approved by K2 Development. The User is responsible for maintaining the confidentiality of its login credentials and for all activities carried out through its Account. Any actions performed through an Account shall be deemed to have been performed by the User.
K2 Development reserves the right to suspend, restrict, or terminate access to an Account, without prior notice, if it becomes aware of or reasonably suspects any unauthorized access, breach of security, misuse of the Services, or violation of the Agreement.
Use on Behalf of a Company
Where a User accesses or uses the Services on behalf of a legal entity, the User represents and warrants that it has the authority to bind such entity to these Terms. In such cases, the User may be required to provide valid company identification information, including a VAT number where applicable. K2 Development reserves the right to suspend or terminate an Account in the event of suspected fraud, misrepresentation, or invalid information.
Refusal of Access
K2 Development reserves the right to refuse the creation of an Account or the activation of a subscription, or to suspend or terminate access to the Services, where a User has previously failed to meet its payment obligations, breached this Terms, the Acceptable Use Policy, or applicable law, or where continued access would expose K2 Development to legal, technical, or reputational risk.
Fees
Except where expressly stated otherwise, including during any free trial period, access to and use of the Services are provided in consideration of the payment of applicable fees in accordance with the selected subscription plan, Purchase Order, or pricing terms made available by K2 Development.
3. Service Availability
The Services are made available online and require the User to have, at its own expense, suitable, up-to-date, and compatible equipment, software, and Internet access. The User is solely responsible for obtaining and maintaining such equipment and connectivity.
Subject to technical, operational, or security constraints, K2 Development makes the Services available on a continuous basis. However, K2 Development does not guarantee uninterrupted or error-free access to the Services. Access to the Services may be temporarily suspended, limited, or interrupted, without prior notice, for reasons including maintenance, updates, improvements, security measures, or technical incidents. Where reasonably practicable, K2 Development will use commercially reasonable efforts to inform Users of planned interruptions.
The availability, performance, and proper functioning of the Services depend in part on factors outside K2 Development’s control, including but not limited to: (i) the User’s configurations and settings within the Services; and (ii) the availability, structure, performance, and behavior of third-party websites, APIs, applications, databases, or other data sources targeted or accessed through the Services. Such third-party sources may restrict access, implement technical protection measures, change their content or structure, or otherwise limit the effectiveness of the Services at any time.
Accordingly, K2 Development does not provide any service level agreement (SLA) and makes no representations or warranties regarding the availability, continuity, timeliness, quality, relevance, completeness, or accuracy of the Services or any data obtained through the Services.
4. Acceptable Use Policy
The User may use the Services solely in accordance with this Terms, the applicable subscription or Purchase Order, and all applicable laws and regulations.
The User is solely responsible for its use of the Services, including any web scraping configurations created, uploaded, imported, or executed through the Services or the API.
The Services may be used for market research, price monitoring, or competitive analysis, provided that such use complies with applicable laws and third-party terms. K2 Development does not assess whether a specific use case constitutes lawful competition.
K2 Development may implement and enforce technical limits, rate limits, usage caps, throttling mechanisms, or other restrictions on the use of the Services or the API in order to protect the security, stability, and proper functioning of the Services, ensure fair usage among Users, or prevent abuse. Such limits may vary depending on the applicable subscription plan or Purchase Order and may be modified from time to time without prior notice.
Prohibited Uses
The User shall not use the Services, directly or indirectly, to:
- Use the Services in any manner that violates applicable laws or regulations.
- Disseminate, publish, or transmit any data, content, or information that is false, misleading, defamatory, unlawful, harmful, or offensive.
- Infringe or violate the intellectual property rights, database rights, privacy rights, personality rights, image rights, or any other rights of K2 Development, other Users, or third parties, including by creating or using scraping configurations for such purposes.
- Use the Services in violation of the terms of service, usage policies, or access restrictions of third-party websites, platforms, applications, databases, or other sources, or for the purpose of circumventing technical protection measures implemented by such third parties. The mere technical capability of the Services to access or extract data does not constitute authorization or permission to do so.
- Engage in unfair competition, deceptive practices, or activities intended to harm, disrupt, or unfairly disadvantage third parties.
- Send, transmit, or facilitate unsolicited advertising, promotional messages, spam, or similar communications.
- Copy, modify, distribute, sell, sublicense, or otherwise make available any configurations, data, content, or information from the Services, from K2 Development, or from other Users, except as expressly permitted under this Terms or with the prior authorization of the relevant rights holder.
- Impersonate any person or entity, including another User or K2 Development, or misrepresent any affiliation with K2 Development.
- Collect or process personal data of Users or third parties without a valid legal basis or in violation of applicable data protection laws.
- Introduce, transmit, or distribute viruses, malware, or any other code or device intended to damage, disrupt, or compromise the security or operation of the Services or third-party systems.
- Interfere with, disrupt, overload, or attempt to gain unauthorized access to the Services, the API, or any related systems or networks.
- Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, underlying ideas, or technical structure of the Services, except to the extent expressly permitted by applicable law.
Third-Party Websites and Scraping Responsibility
The User acknowledges that third-party websites, platforms, and data sources may prohibit or restrict scraping or automated access. The User is solely responsible for reviewing and complying with the applicable terms, policies, and legal requirements of any third-party sources targeted through the Services.
K2 Development does not verify, monitor, or guarantee that the use of the Services with respect to any third-party source is lawful or permitted.
Enforcement
Any violation of this Acceptable Use Policy constitutes a material breach of the terms. In the event of non-compliance, K2 Development may, without prejudice to any other rights or remedies, suspend or terminate the User’s access to the Services, remove configurations, and/or terminate any Account or Subscription associated with such User.
The Subscriber User remains fully responsible for all acts and omissions of any Subsidiary Users granted access under its Subscription.
5. Service Evolution and Changes
K2 Development may, from time to time and at its discretion, make available updates, upgrades, modifications, or new versions of the Services and/or the API. Such updates may include changes to existing features, the introduction of new features, or the removal or modification of existing functionality.
K2 Development does not guarantee that any update, feature, or functionality will be made available free of charge. Certain updates, features, modules, usage limits, or service tiers may be subject to additional fees, a specific subscription plan, or a separate Purchase Order.
K2 Development reserves the right to modify, deprecate, or discontinue any part of the Services or the API, including specific versions, features, or endpoints. Where reasonably practicable, K2 Development will use commercially reasonable efforts to provide advance notice of material changes or deprecations that may have a significant impact on the use of the Services. The User acknowledges that continued use of the Services after such changes constitutes acceptance thereof.
6. Fees, Subscriptions, and Payment Terms
Subscriptions and Free Trial
Access to the Services is provided on a subscription basis in accordance with the subscription plans made available by K2 Development on its website or pursuant to a Purchase Order.
K2 Development may, at its sole discretion, offer a free trial for a limited period of time and/or a limited volume of use (“Free Trial”). The terms, duration, and scope of any Free Trial are determined by K2 Development and may be modified or withdrawn at any time without notice.
The creation of multiple Accounts in order to circumvent Free Trial limitations, usage caps, or other restrictions is strictly prohibited and constitutes a material breach of the Terms.
At the end of the Free Trial, continued use of the Services requires the User to subscribe to a paid subscription and provide valid billing information.
Subscription Fees and Billing Cycle
Subscriptions are billed in advance on a recurring basis (each, a “Billing Cycle”), which may be monthly or annual depending on the subscription plan selected.
Certain subscriptions may include a defined volume of API usage credits (“API Credits”). API Credits are valid only for the applicable Billing Cycle and do not roll over to subsequent Billing Cycles unless expressly stated otherwise.
Each Subscription is automatically renewed at the end of the applicable Billing Cycle unless the User terminates the Subscription prior to renewal through the account management interface or by contacting K2 Development’s customer support.
Fees and Changes to Fees
The applicable fees for the Services (“Fees”) are those in effect at the time the User subscribes to or renews a Subscription, as published on K2 Development’s website or set out in the applicable Purchase Order.
K2 Development may modify the Fees at any time. Any change to Fees will take effect at the start of the next Billing Cycle following reasonable prior notice to the User. Continued use of the Services after the effective date of the new Fees constitutes acceptance of such Fees.
All Fees are stated in euros (EUR) and are exclusive of any taxes, duties, or governmental charges, which shall be borne by the User.
Except as expressly required by applicable law or agreed otherwise in writing, all Fees paid are non-refundable.
Payment Processing
Payments for Subscriptions are processed through a third-party payment service provider designated by K2 Development. The User authorizes K2 Development to charge the applicable Fees to the payment method provided for each Billing Cycle.
The User undertakes to provide accurate, complete, and up-to-date billing and payment information and acknowledges that failure to do so may result in suspension or termination of access to the Services.
If automatic payment fails for any reason, K2 Development may issue an invoice requiring manual payment within the specified deadline. Failure to pay amounts due may result in suspension of access to the Services.
Late Payment and Suspension
In the event of late payment, K2 Development reserves the right to apply late payment interest and recovery fees in accordance with applicable law. K2 Development may suspend or limit access to the Services until all outstanding amounts are paid in full, without incurring any liability as a result of such suspension.
7. Term and Termination
These Terms shall enter into force upon the creation of an Account by the User and shall remain in effect for the duration of any active Subscription, unless terminated earlier in accordance with these Terms or as otherwise provided in a Purchase Order.
Termination by the User
The User may terminate a Subscription at any time in accordance with the applicable subscription terms, including through the account management interface. Termination shall take effect at the end of the then-current Billing Cycle, unless otherwise specified. Fees paid are non-refundable, and any unused API Credits shall be forfeited upon termination.
Suspension or Termination by K2 Development
K2 Development may, at its sole discretion, suspend or terminate the User’s access to the Services, the Account, or any Subscription, with immediate effect or upon notice, in the event of:
- a breach of these Terms, including the Acceptable Use Policy;
- non-payment of Fees or chargeback disputes;
- infringement of K2 Development’s intellectual property rights;
- violation of applicable laws or regulations;
- security incidents, misuse of the Services, or activities posing legal, technical, or reputational risk to K2 Development.
Where reasonably practicable, K2 Development will use commercially reasonable efforts to provide prior notice of suspension or termination. Any suspension or termination shall be without compensation or refund and without prejudice to any other rights or remedies available to K2 Development.
Effect of Termination
Upon termination or expiration of the Agreement for any reason:
- the User’s right to access and use the Services shall immediately cease;
- any active Subscription shall terminate, and all outstanding Fees shall become immediately due and payable;
- all unused API Credits shall be forfeited without compensation;
the User shall cease using the Services and delete any confidential information of K2 Development in its possession.
User data, configurations, and settings associated with the Account may be deleted in accordance with K2 Development’s data retention practices and applicable law. The User acknowledges that termination may result in the loss of data and waives any claims relating thereto.
Survival
The provisions relating to Fees and payment obligations, Intellectual Property Rights, Confidentiality, Liability, Limitation of Liability, Governing Law, and any provisions which by their nature should survive termination shall survive the termination or expiration of this Agreement.
8. Limited Warranty
K2 Development warrants that, during the term of the applicable Subscription, the Services will operate in all material respects in accordance with the documentation made available by K2 Development to describe the Services (the “Documentation”), as updated from time to time.
The User acknowledges that the Services are provided as a standardized software-as-a-service solution and that K2 Development does not warrant that the Services will meet any specific requirements, objectives, or expectations of the User unless expressly agreed in writing in a Purchase Order.
This limited warranty does not apply to issues resulting from: (i) misuse of the Services; (ii) use of the Services in violation of this Agreement or the Acceptable Use Policy; (iii) User configurations, data, or integrations; or (iv) third-party websites, systems, or services.
To the maximum extent permitted by applicable law, the foregoing limited warranty constitutes the sole and exclusive warranty provided by K2 Development with respect to the Services.
9. Disclaimer of Warranties
Except as expressly set forth in the Limited Warranty above, the Services are provided “as is” and “as available”.
To the maximum extent permitted by applicable law, K2 Development disclaims all warranties of any kind, whether express, implied, statutory, or otherwise, including without limitation any implied warranties of merchantability, fitness for a particular purpose, non-infringement, availability, accuracy, reliability, or uninterrupted operation.
K2 Development does not warrant that the Services will be error-free, secure, virus-free, or continuously available, nor that any data, content, or information obtained through the Services will be accurate, complete, or up to date.
The User acknowledges that any data, insights, alerts, or outputs obtained through the Services may be incomplete, delayed, or inaccurate and shall not be relied upon as the sole basis for pricing, procurement, inventory, marketing, or other business decisions. The User remains solely responsible for verifying data and for any decisions made based on such data.
The Services may depend on third-party systems, websites, APIs, applications, databases, or service providers. K2 Development makes no warranty with respect to the availability, performance, accuracy, or reliability of such third-party systems or sources.
K2 Development does not warrant that the use of the Services will result in any specific business outcome, commercial benefit, or decision-making result.
10. User Representations and Compliance
The User represents and warrants that:
- its use of the Services, including any web scraping operations and use of User’s Data, complies with all applicable laws, regulations, and third-party terms;
- it has obtained all necessary rights, consents, licenses, permissions, and authorizations required to perform extraction, monitoring, or scraping operations and to process and use any data obtained through the Services;
any web scraping configuration created, uploaded, or executed through the Services is authorized under the applicable terms and conditions of the targeted websites, platforms, databases, or other sources.
The User acknowledges that K2 Development does not assess, verify, or guarantee the lawfulness of the User’s scraping activities or the use of data collected through the Services.
11. Third-Party Configurations and Content
The User acknowledges that certain web scraping configurations or content may be created, uploaded, or shared by other Users or made available through third-party platforms. K2 Development does not control, endorse, or warrant the availability, accuracy, reliability, or legality of such configurations or content and shall have no responsibility or liability in connection therewith.
12. Indemnification
The User shall indemnify, defend, and hold harmless K2 Development and its affiliates, officers, directors, employees, agents, contractors, and partners from and against any claims, demands, actions, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or relating to:
- the User’s use of the Services or the API;
- any web scraping operations performed by or on behalf of the User;
- the User’s breach of this Agreement, the Acceptable Use Policy, or applicable law;
- any claim by a third party alleging that the User’s use of the Services or data collected through the Services infringes or violates such third party’s rights.
13. Limitation of Liability
To the maximum extent permitted by applicable law, K2 Development shall be liable only for direct damages actually suffered by the User as a result of K2 Development’s proven breach of these Terms.
Exclusion of Indirect Damages
In no event shall K2 Development be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including without limitation any loss of profits, revenue, business opportunities, data, goodwill, reputation, or anticipated savings, arising out of or in connection with the use of or inability to use the Services or the API, regardless of the legal basis of the claim (contract, tort, negligence, or otherwise), even if K2 Development has been advised of the possibility of such damages.
Liability Cap
To the maximum extent permitted by applicable law, the aggregate liability of K2 Development for all claims arising out of or relating to the Terms, the Services, or the API shall not exceed fifty percent (50%) of the total Fees actually paid by the User to K2 Development during the six (6) months preceding the event giving rise to the claim.
Exclusions from Liability
K2 Development shall not be liable for any damages, losses, or claims arising out of or relating to:
- the User’s breach of these Terms, the Acceptable Use Policy, or applicable law;
- any configurations, content, or data created, uploaded, or used by the User or by other Users;
- the availability, accuracy, performance, or reliability of third-party websites, systems, APIs, services, or data sources;
- temporary or permanent unavailability, interruption, slowdown, modification, or removal of any part of the Services or the API;
- decisions made or actions taken by the User based on information obtained through the Services;
- any unauthorized access to or use of the User’s Account resulting from the User’s failure to protect its credentials.
Third-Party Services
Where third-party services, products, or integrations are made available through or in connection with the Services or the API, K2 Development does not control and shall not be responsible or liable for such third-party services, their functionality, availability, or consequences of their use.
Mandatory Law
Nothing in this Agreement shall exclude or limit liability to the extent such exclusion or limitation is prohibited by applicable mandatory law, including liability for willful misconduct or gross negligence where such liability cannot be excluded.
14. Links to Third-Party Websites
The Services may contain links to third-party websites or resources that are not owned or controlled by K2 Development. K2 Development has no control over, and assumes no responsibility for, the content, products, services, or practices of any third-party websites or resources.
Access to any third-party websites is at the User’s own risk. K2 Development shall not be liable for any loss or damage arising from the User’s use of or reliance on any third-party websites, content, goods, or services.
15. Intellectual Property Rights
All intellectual property rights in and to the Services, the API, the platform, the no-code interface, the software, the Documentation, and any related materials, including any updates, enhancements, or modifications thereto, are and shall remain the exclusive property of K2 Development and its licensors.
Nothing in this Agreement grants the User any ownership rights in the Services or the API. Subject to the User’s compliance with this Agreement and payment of applicable Fees, K2 Development grants the User a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license, for the duration of the applicable Subscription, to access and use the Services and the API solely for the User’s internal business purposes and in accordance with this Agreement.
Except as expressly permitted by applicable law or authorized in writing by K2 Development, the User shall not, and shall not permit any third party to: copy, modify, adapt, translate, distribute, sublicense, rent, lease, sell, or otherwise make available the Services or the API; reverse engineer, decompile, or attempt to derive the source code or underlying ideas or algorithms of the Services or the API; or use the Services or the API to develop or operate a competing product or service.
The User grants K2 Development a non-exclusive, royalty-free, worldwide license to use any feedback, suggestions, or ideas provided by the User regarding the Services for any purpose, without obligation or restriction.
Unless the User objects in writing, K2 Development may identify the User as a customer of the Services, including by using the User’s name and logo solely for marketing and promotional purposes, such as on K2 Development’s website or in customer lists. Any such use shall be consistent with the User’s trademark usage guidelines, where provided.
K2 Development reserves the right to suspend or terminate access to the Services in the event of any breach of this section.
16. User Data and Data Rights
Ownership of User Data
As between the parties, the User retains all right, title, and interest in and to the data, content, and information submitted, uploaded, or generated by the User through the Services (“User Data”).
License to Use User Data
The User grants K2 Development a limited, non-exclusive license to process, store, transmit, and otherwise use User Data solely to the extent necessary to provide, maintain, secure, and improve the Services, in accordance with this Terms and applicable data protection laws.
The User represents and warrants that it has all rights, consents, and authorizations necessary to submit and process User Data through the Services and that its use of the Services and User Data complies with all applicable laws and third-party terms.
Aggregated and Anonymized Data
K2 Development may collect, generate, and use data derived from User Data that has been aggregated and/or anonymized so that it does not reasonably identify the User or any individual (“Aggregated Data”). K2 Development may use Aggregated Data for purposes including analytics, service improvement, security, and statistical reporting. K2 Development retains all rights in Aggregated Data.
Data Backup and Retention
K2 Development does not guarantee the backup or recovery of User Data. The User is solely responsible for maintaining appropriate backups of its User Data. User Data may be deleted upon termination of the Agreement in accordance with K2 Development’s data retention practices and applicable law.
Data Protection
The processing of personal data under this Terms shall be governed by the applicable Privacy Policy and, where required, a data processing agreement.
17. Subcontracting, Assignment, and Transfer
K2 Development may use subcontractors and third-party service providers to perform all or part of the Services, including but not limited to hosting, infrastructure, payment processing, and customer support. K2 Development remains responsible for the performance of the Services in accordance with this Agreement, subject to the limitations set forth herein.
K2 Development may change, add, or remove subcontractors at any time without prior notice or consent of the User.
The User may not assign, transfer, or otherwise dispose of this Agreement, in whole or in part, without the prior written consent of K2 Development, except that the User may assign this Agreement in connection with a merger, reorganization, or sale of all or substantially all of its assets, provided that the assignee is not a direct competitor of K2 Development and agrees in writing to be bound by this Agreement.
K2 Development may assign or transfer this Agreement, in whole or in part, without restriction, including in connection with a merger, acquisition, corporate reorganization, or sale of assets.
18. Personal Data and Data Protection
Each party shall comply with applicable data protection laws in connection with the processing of personal data under this Agreement.
With respect to personal data processed through the Services on behalf of the User, the User acts as the data controller and K2 Development acts as the data processor. K2 Development shall process such personal data solely for the purpose of providing the Services and in accordance with the User’s documented instructions as set out in this Agreement.
K2 Development implements appropriate technical and organizational measures designed to protect personal data against unauthorized or unlawful processing, loss, destruction, or damage.
The User represents and warrants that it has all necessary rights, consents, and legal bases to collect, process, and provide personal data to K2 Development for processing through the Services.
K2 Development may also process certain personal data as an independent data controller for purposes such as account administration, billing, customer support, security, and compliance with legal obligations, in accordance with its Privacy Policy.
Further information regarding the processing of personal data and the rights of data subjects is set out in the Privacy Policy.
19. Confidentiality
Each party agrees to keep confidential all non-public information disclosed by the other party in connection with the negotiation or performance of this Agreement that is designated as confidential or that should reasonably be understood to be confidential given the nature of the information and the circumstances of disclosure (“Confidential Information”).
Confidential Information shall be used solely for the purpose of performing this Agreement and shall not be disclosed to any third party except to employees, affiliates, subcontractors, or service providers who have a need to know such information for the performance of this Agreement and who are bound by confidentiality obligations no less protective than those set forth herein.
The confidentiality obligations shall not apply to information that: (i) is or becomes publicly available through no breach of this Agreement; (ii) was lawfully known to the receiving party prior to disclosure; (iii) is lawfully disclosed by a third party without restriction; or (iv) is required to be disclosed by law, regulation, or a binding order of a court or competent authority, provided that the receiving party, where legally permitted, gives prompt notice of such requirement.
These confidentiality obligations shall apply during the term of the Agreement and for a period of five (5) years following its termination or expiration, except for personal data, which shall be processed in accordance with applicable data protection laws.
20. Miscellaneous
Force Majeure
Neither party shall be liable for any failure or delay in the performance of its obligations under these Terms (other than payment obligations) if such failure or delay results from events beyond its reasonable control, including but not limited to natural disasters, acts of government, war, terrorism, labor disputes, failures of utilities or networks, or interruptions of Internet or hosting services (“Force Majeure Event”).
If a Force Majeure Event continues for more than thirty (30) consecutive days, either party may terminate the Terms upon written notice to the other party, without liability, except for obligations accrued prior to termination.
Entire Agreement
These Terms constitute the entire agreement between the parties with respect to its subject matter and supersedes all prior or contemporaneous agreements, negotiations, representations, or understandings, whether written or oral.
In the event of any conflict between these Terms and a Purchase Order, the terms of the Purchase Order shall prevail solely with respect to the subject matter of such Purchase Order. The most recent version of these Terms accepted by the User shall prevail.
Changes to the Terms of Use
K2 Development may update or modify these Terms from time to time. Users will be notified of material changes by reasonable means, including by email or through the Services.
Unless otherwise required by applicable law, any modifications to the Terms shall become effective upon continued use of the Services after the effective date of such changes. Changes shall not apply retroactively.
Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable, such provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force and effect.
No Waiver
The failure of either party to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.
Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the Republic of Slovenia, without regard to its conflict of law principles.
The parties shall use reasonable efforts to resolve any dispute, controversy, or claim arising out of or in connection with these Terms through good-faith negotiations prior to initiating formal legal proceedings.
Any dispute arising out of or in connection with these Terms that cannot be resolved amicably shall be subject to the exclusive jurisdiction of the competent courts of Ljubljana, Slovenia.
