Apify General Terms and Conditions
Effective date: January 12, 2026
Thank you for using Apify! Please read these Apify General Terms and Conditions ("Terms") carefully before accessing or using our Services.
By visiting or using the Website or Services (generally through clicking the "Sign up" button during registration or signing an Order), you agree that these Terms and all incorporated documents, including but not limited to the Actor Terms and Conditions, Privacy Policy, Acceptable Use Policy and Data Processing Addendum, and any documents referencing these Terms, such as an Order (where applicable) ("Agreement") govern your access to our Website and use of our Services.
The Services are intended for business use only and are not designed, marketed, or suitable for consumers. If you accept these Terms on behalf of a company, you declare to be authorized to do so (herein, the term "you" or "Customer" shall mean the relevant company). If you sign up using an email address from an entity of which you are an employee, contractor, or agent, then (a) you will be deemed to represent that entity, (b) you hereby bind that entity to this Agreement, and represent and warrant that you have authority to do so.
1. Definitions
1.1. "Apify"; "we" means Apify Technologies s.r.o., with its registered seat at Vodičkova 704/36, 110 00 Prague 1, Czech Republic, Company reg. no. 04788290, recorded in the Commercial Register maintained by the Municipal Court of Prague, File No.: C 253224.
1.2. "Customer"; "you" means a counterparty to the Agreement visiting or using the Website or Services.
1.3. "Customer Data" means any of your content processed through the Services by you or by us on your behalf; Customer Data excludes data processed by us under our Privacy Policy, including but not limited to Usage Data.
1.4. "Fee(s)" means price for the Services agreed in an Order or displayed in the Platform, including but not limited to Platform Fee, Development Fee, Professional Services Fee, and Overages, as specified by the Agreement.
1.5. "Order" means an ordering document (e.g., order form, statement of work) executed between the parties or a checkout page specifying Services purchased by you. “Platform” means the Apify platform and related infrastructure operated by Apify, remote access to which is available upon registration by means of servers within the apify.com domain or other domains, including, but not limited to, Apify Console at console.apify.com, the Apify API at api.apify.com, and the Apify MCP server at mcp.apify.com.
1.6. "Services" are Subscription Services and Professional Services as specified in Section 2 below (unless expressly specified otherwise, Actors, Beta Previews, Development Tools, and Integrations are expressly excluded from the Services).
1.7. "Usage Data" means User information relating to provision, use, and performance of the Services, Actors, or Beta Previews, including but not limited to metrics, analytics, and information derived from Actor Inputs, Actor Outputs, and your Customer Data and usage patterns.
1.8. "Website" means https://apify.com, and all Apify-owned subdomains of apify.com, such as https://docs.apify.com/ or https://help.apify.com.
2. Apify Services
2.1. Subscription Services. Apify develops, owns, and operates the Platform that enables automation of manual activities and processes on internet websites; the Platform is provided to you as a service ("Subscription Services"). Upon creating a Personal Account, you may access a limited free version of the Subscription Services. Paid Subscription Services can be purchased via the Platform or by executing an Order.
2.2. Professional Services. We may provide paid development, monitoring, support, or other services through our professional services team to support or customize Subscription Services, which may be purchased under a separately executed agreement ("Professional Services").
3. Apify Store and Actors
3.1. Actors. Each person or entity representative signed up to the Platform ("User") may create software programs running on the Platform ("Actor(s)") that can be either private or public. Private Actors can only be accessed and run by their owners or Users with whom their owners specifically share them. Public Actors are available to each User in Apify Store. As a condition to publishing your Actors to Apify Store, you agree to comply with the Apify Store Publishing Terms. Your use of Actors is governed by the Actor Terms and Conditions. Unless expressly stated otherwise, Actors are not part of the Services provided by Apify hereunder.
4. Accounts
4.1. Account.
4.1.1. A "Personal Account" is created upon your sign-up to the Platform and represents a User’s authorization to log in to the Platform and use the Services, and serves as a User’s identity on the Platform. Personal Accounts must be created by humans, and you must be at least 18 years old. Accounts registered by "bots" or other automated methods are not permitted. We reserve the right to delete Accounts created in breach of this provision immediately.
4.1.2. "Organization Accounts" are shared workspaces that can be associated with a single entity or one or more Users, allowing multiple Users to collaborate on multiple projects simultaneously. A Personal Account can be a member of any number of Organization Accounts. A single Organization Account may have multiple admins and members, but a single Personal Account must be designated as the primary owner of the Organization Account. The primary owner of an Organization Account has ultimate administrative control and responsibility over that Organization Account, including any related Customer Data.
4.1.3. If you are an individual User and are a member of, or have access to Organization Account that is not subject to these Terms as explicitly stated in an agreement governing such account (such as an Account governed by a separate master subscription agreement), then these Terms govern your access to and use of the Services outside of such Organization Account and in any other Organization Accounts to which you have access or as to which you are an owner, collaborator, or member.
4.2. Account Responsibility and Information. You are responsible for all activity under your Account (even when content is posted by other Users with Personal Accounts associated with your Organization Account). You are solely responsible for ensuring that your Account information, including contact and billing details (if applicable), is accurate and up to date throughout the term of the Agreement. You are strictly prohibited from selecting a username that impersonates any individual, entity, or well-known brand; is confusingly similar to a registered trademark or proprietary brand name belonging to a third party; or is otherwise deceptive, misleading, or likely to cause confusion regarding the origin, authorship, or official status of your Account. We reserve the right to remove or delete Accounts created in breach of this provision immediately. Furthermore, you must safeguard your login credentials and ensure no third party accesses or uses your Account. Apify shall not be liable for any security incident resulting from your failure to meet the obligations under this Section.
4.3. Prohibition of Multiple Accounts. Unless otherwise authorized by us, you shall not create or use multiple Personal Accounts, either directly or through third parties, even if registered with different email addresses.
4.4. Access to your Account. You acknowledge that our personnel may access your Account and Customer Data solely to resolve issues related to your Account, Services, or Apify-Maintained Actors.
5. Intellectual Property Rights
5.1. Apify IP Ownership. You acknowledge that our Website, the Platform (including any technical documentation and any Apify-owned content displayed within the Platform other than Customer Data), Services, and Apify-Maintained Actors provided by us are protected by intellectual property rights, including but not limited to copyrights, trademarks, database rights, and trade secrets ("Intellectual Property"). We reserve all rights, title, and interest, including all Intellectual Property rights in and to the Website, the Platform, and the Services, including any outcome, other than Customer Data, or work product created as a part of the Professional Services, including but not limited to a custom solution as further specified in the Agreement ("Deliverable"). Other than as expressly outlined in the Agreement, no license or other rights in the Website or Services (including Deliverables) are granted to you.
5.2. License Grant and Limitations. We provide you with a worldwide, non-exclusive, non-assignable, non-transferable, and revocable license for the duration of the Agreement to use the Services and Deliverables for the purposes specified herein, in the scope and manner compliant with the Agreement and our technical documentation. Under the license, you may not (i) modify, alter, process, reverse-engineer, or otherwise interfere with the Services, any of its parts, including in particular any source codes, or connect the Website or the Services (or any parts of it whatsoever) or its name with any other copyrighted work or use it in a collective work; (ii) reproduce, share, or distribute the Website or the Services except for open source software subject to any open-source license approved by the Open Source Initiative ("OSS") components; (iii) create derivative or analogous works, copies of the Website or Services or any part thereof; (iv) sublicense, transfer, or assign any rights or obligations under the license, in whole or in part, to third parties.
5.3. Feedback. By providing feedback on the Website, Services, Actors, Beta Previews, or Development Tools (e.g., suggestions, reviews), you grant us a perpetual, irrevocable, royalty-free, sublicensable, transferable, non-exclusive, worldwide license to use it without restrictions, confidentiality, or compensation. Feedback is provided “AS IS,” without warranties.
5.4. Third-Party Services Integrations. The Services or Actors may include features that allow you to integrate or connect the Services with third-party applications, software, platforms, or services ("Third-Party Services"). Any use of Third-Party Services is subject solely to the terms and conditions of the applicable third party, and we do not control, and are not responsible for, any Third-Party Services. You acknowledge and agree that we shall not be liable for any damages or losses caused or alleged to be caused by or in connection with the use of, or reliance on, any Third-Party Services, or the availability, accuracy, or performance thereof. You are solely responsible for obtaining and maintaining any necessary accounts, licenses, or permissions required to use such Third-Party Services. Integration with Third-Party Services is provided “as-is,” and we make no warranties, express or implied, regarding the functionality, availability, or interoperability of any Third-Party Services with the Services.
5.5. OSS Components. You acknowledge that the Services and Actors may contain OSS components that are licensed under the terms of the applicable license agreements included with such OSS components.
5.6. Beta Previews. Subject to mutual agreement between the parties, Apify may make software, services, or features identified as alpha, beta, preview, early access, or evaluation, or any designation of a similar kind ("Beta Previews") available to you. Beta Previews are intended solely for internal evaluation purposes, may not be in final form or be fully functional; may contain errors, design flaws, or other problems; may cause loss of data or communications, project delays, or other unpredictable damage or loss; may never be released as a commercial version; and may be discontinued by Apify in whole or in part, at any time and without any obligation or liability to you.
5.7. Development Tools. We may, in our sole discretion, make available tools, software development kits (SDKs), and similar software for download ("Development Tools"). Such Development Tools are not necessary for the proper functioning of the Services and will not be deemed Services. In the absence of a separate license for such Development Tools, during the Agreement term, Apify hereby grants you a non-exclusive, royalty-free, non-transferable, non-sublicensable worldwide license to: (i) modify and create derivative works of Development Tools provided by Apify in source code format; and (ii) reproduce and use the Development Tools (including modifications thereof made by you for your internal business operations solely in connection with your use of the Services).
5.8. Customer Data. To the extent permitted under applicable laws, you retain all right, title, and interest in and to your Customer Data. You grant us a limited, non-exclusive, revocable, worldwide, royalty-free right to transmit, display, reproduce, or copy Customer Data to enable us to provide and improve Services during the Agreement term. You authorize Apify, acting on your behalf, and based on your configuration of the Platform, to access and transmit Customer Data between the Platform and Third Party Services or Actors. Subject to the limited license granted herein, Apify acquires no right, title, or interest in or to Customer Data. For the avoidance of doubt, you choose what Customer Data to transmit using our Services; Apify does not have control over Customer Data. You are solely responsible for the legality, accuracy, quality, appropriateness, and use of all Customer Data.
5.9. Usage Data. All rights, title, and interest in and to Usage Data, including any derivative works or analyses thereof, shall belong exclusively to us. We may use Usage Data for any lawful purpose, including but not limited to improving our Services, Actors, developing new features, generating insights, and conducting analyses.
## 6. Service Use Restrictions, Customer Obligations
6.1. Acceptable Use Policy. You shall use the Website, Services, and Actors in compliance with our Acceptable Use Policy.
6.2. Authorized Use of Services. You must use the Services to process only the Customer Data that you are authorized to access and that is in compliance with all applicable laws and regulations.
6.3. Security Obligations. You shall implement appropriate security measures to prevent unauthorized access or use of the Services or Actors. Prohibited actions include circumvention, elimination, or limitation of any mechanisms that may serve to protect our rights or any information concerning Apify’s intellectual property rights to the Website, Services, and Actors (e.g., our logo or any other designation). You shall: (i) notify us immediately of any unauthorized use of any password, Account, or any other known or suspected breach of security, including all necessary details; (ii) use reasonable efforts to stop immediately any copying or distribution of content or infringement of our Website, Services or Actors that is known or suspected by you; and (iii) refrain from impersonating any other User or provide false identity information to gain access to or use the Website, Services or Actors.
6.4. Compliance. You shall use the Services only in a manner that complies with any sanctions or embargoes imposed on countries by (i) the Czech Republic; (ii) the European Union; (iii) the United States of America; or (iv) the United Nations.
7. Pricing, Payment Terms, Overages
7.1. Pricing. We may update the pricing of our Services from time to time, as published on our Website. Unless otherwise agreed in an Order, any updated pricing for Services will apply starting from your next period during which Apify calculates the Fees rendered to you ("Billing Period"). Pricing for each Actor’s use is specified by the Actor Developer as displayed in Apify Store and the Platform, and may be updated by the Actor Developer at their own discretion, and will apply on an ongoing basis.
7.2. Order Creation. By placing an Order through the Platform or signing a separate Order document, you agree to pay the applicable Fees, including taxes or government-imposed charges.
7.3. Authorization. By accepting these Terms, you authorize us to charge your on-file credit card or other approved payment methods for incurred Fees.
7.4. Fees; Payment Obligation. You agree that Fees are (i) either automatically charged to your available payment method specified in your Personal Account at the start of each Billing Period, or (ii) paid via bank transfer. Payments made through debit or credit cards are payable immediately upon confirmation of your Order or upon incurring Overages. Notwithstanding the foregoing, low-value Overages may be invoiced at a later time at our discretion. Except as explicitly stated otherwise in the Agreement, all payments made by bank transfer must be made within 14 days of the date the electronic invoice is issued. Fees are non-cancellable, non-refundable, and shall not be subject to any set-off unless stated otherwise.
7.5. Overages; Upgrades. If your usage exceeds your purchased Service entitlements ("Overages"), we will charge you the applicable Fees. Similarly, if you upgrade the Services, Apify will charge you pro-rata Fees for the remainder of the respective Order Term.
7.6. Late Payment Fee. Late payments incur a fee of 0.05% per day on overdue amounts until full payment is received. You shall pay the late payment fee promptly upon our request. For any Fees that are past due, we reserve the right to automatically charge your approved payment methods without regard to the preferred payment method.
7.7. Payment Schedule; Payment Receipt. You shall pay the Fees in advance and at a frequency depending on the selected Billing Period. Unless otherwise specified in an Order, the Billing Period shall commence on the date of your first payment. The Fees shall always be deemed paid when credited to our bank account or to our other electronic accounts held with a provider of payment services.
7.8. Currency; Taxes. All Fees must be paid in the currency specified on your Order and are subject to applicable taxes. We are a value-added tax (VAT) payer in compliance with the tax laws of the Czech Republic. VAT shall therefore always be added to the Fees payable in the amount stipulated by the respective tax laws. You are responsible for all taxes, duties, and assessments related to this Agreement, except those based on our net income.
7.9. Charge Dispute. To dispute a charge, you must notify us in writing within fifteen (15) days of the charge or invoice date. Failure to do so waives your right to dispute the charge. Charges are based exclusively on our invoicing records, which are final.
8. Confidentiality
8.1. Definition. "Confidential Information" means any information disclosed by one party ("Disclosing party") to the other ("Receiving party"), whether directly or indirectly, in any form, that relates to the Disclosing party that is not generally known to, and cannot be readily ascertained by others, and which has actual or potential economic value, and which is designated in writing as confidential at the time of disclosure or within thirty (30) days of disclosure, or which a reasonable person under the circumstances would consider confidential. This includes, but is not limited to, commercial, financial, marketing, business, technical, legal, or other data, as well as know-how, trade secrets, intellectual property, inventions, patents, algorithms, or source code.
8.2. Receiving party Obligations. The Receiving party shall (i) keep all Confidential Information strictly confidential, using at least the same level of care as it uses to protect its own confidential information, but no less than a reasonable standard of care; (ii) use Confidential Information only to fulfill its obligations under the Agreement; (iii) not disclose Confidential Information to third parties without the Disclosing party’s prior written consent; (iv) reproduce Confidential Information only as necessary for the Agreement purposes; (v) not reverse engineer or disassemble disclosed software; (vi) limit access to Confidential Information to personnel with a need to know, ensuring they are bound by similar confidentiality obligations.
8.3. Exceptions to Confidential Information. Confidential Information does not include information that (i) becomes publicly known through no fault of the Receiving party; (ii) was known to the Receiving party prior to disclosure, without confidentiality obligations, as demonstrated by evidence; (iii) is lawfully received from a third party without breach of confidentiality obligations; (iv) is independently developed by the Receiving party without using or referencing the Disclosing party’s Confidential Information; or (v) the Disclosing party expressly authorizes in writing for disclosure. The Receiving Party may disclose Confidential Information to its employees, officers, contractors, professional advisers, and other representatives solely on a need-to-know basis and only to the extent necessary for the permitted purpose, provided that each such person is bound by confidentiality obligations at least as protective as those set out herein and the Receiving Party remains responsible for any breach of the confidentiality obligations under this Agreement by such persons.
8.4. Compelled Disclosure. The Receiving party may disclose Confidential Information if required by law, court order, or a competent authority. When feasible, the Receiving party shall notify the Disclosing party in advance and seek to limit the scope of the disclosure.
8.5. Ownership and Return of Confidential Information; No Warranty. Confidential Information remains the sole property of the Disclosing party. Upon the Disclosing party’s written request, or upon termination or expiration of the Agreement, the Receiving party shall promptly return or securely destroy all Confidential Information, including copies, and confirm such destruction in writing if requested. The Receiving Party may retain copies required to be kept under applicable law or stored in routine electronic backup systems, provided that such copies remain subject to the confidentiality obligations herein. The Confidential Information is provided “as is” without any express or implied warranties.
8.6. Time Limit. Upon any termination or expiration of this Agreement, the Receiving party will continue to maintain the confidentiality of the Confidential Information for three (3) years from the date of receipt, except that the source code and trade secrets will be held in confidence in perpetuity.
9. Data Privacy
9.1. Personal Data Processing. Your use of the Services is subject to the Apify Privacy Policy, which is incorporated by reference into this Agreement. If we process any Personal Data contained in the Customer Data in the course of providing the Services, the Data Processing Addendum shall apply to such processing and is hereby incorporated by reference into this Agreement. We will maintain commercially appropriate administrative, physical, and technical safeguards to protect Personal Data as described in the Data Processing Addendum. We are not responsible for your privacy obligations or data security practices.
10. Warranty Disclaimer
10.1. GENERAL DISCLAIMER. THE WEBSITE AND SERVICES ARE PROVIDED STRICTLY “AS IS.” EXCEPT AS EXPRESSLY SET FORTH IN THE AGREEMENT, WE MAKE NO REPRESENTATION OR WARRANTIES AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY, OR COMPLETENESS. SPECIFICALLY, WE DO NOT WARRANT THAT: (i) THE WEBSITE OR SERVICES WILL BE SECURE, UNINTERRUPTED, ERROR-FREE, OR COMPATIBLE WITH ANY SOFTWARE, SYSTEM, THIRD-PARTY SERVICE OR CUSTOMER DATA; (ii) THE WEBSITE, SERVICES, THIRD-PARTY SERVICE OR ACTORS WILL MEET YOUR EXPECTATIONS; (iii) ANY CUSTOMER DATA WILL BE ACCURATE OR RELIABLE; (iv) ERRORS OR DEFECTS WILL BE CORRECTED; OR (v) OUR SERVERS RUNNING THE WEBSITE AND SERVICES ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
10.2. Unauthorized Interference. We are not liable for defects or errors resulting from unauthorized interference with the Website or Services or changes to third-party websites affecting your use of the Services.
10.3. Services Availability; Updates. The Website and Platform may experience downtime due to any cause preventing the performance of an obligation that is beyond the control of either party hereto, including, without limitation, acts of terrorism, earthquake, labor conditions, and power failures, fire, flood, sabotage, embargo, strike, explosion, accident, riot, acts of any governmental authority, or other acts of God ("Force Majeure") or maintenance, updates, or other unforeseen events (e.g., power outages, network failures, third-party device issues). Unless otherwise agreed by the parties, Platform availability is not guaranteed. We reserve the right, in our sole discretion, to change or update the Subscription Services from time to time. We will notify you in advance of changes to the Subscription Services that materially reduce their functionality.
10.4. No Reliance on Future Functionality. You agree that purchasing Services is not contingent upon the delivery of future features or functionality, nor based on any statements made by us about future developments.
11. Indemnification Obligation
11.1. You agree to indemnify, defend and hold us, our agents, affiliates, subsidiaries, directors, officers, employees, and applicable third parties (e.g., all relevant partner(s), licensors, licensees, consultants and contractors) ("Indemnified Person(s)") harmless from and against any third-party claim, liability, loss, and expense (including damage awards, settlement amounts, and reasonable legal fees), brought against any Indemnified Person(s), arising out of (i) your use of the Website or Services in breach of the Agreement; and (ii) your publication or use of any Actors, including any disputes with third-party Actor Developers. You acknowledge and agree that each Indemnified Person has the right to assert and enforce its rights under this Section directly on its own behalf as a third-party beneficiary. Should you use the Services or Actors to extract Customer Data from unauthorized sources, you shall be responsible for compensating any damages incurred by and/or any claims of the affected third parties; we shall not be liable for any breach of third-party rights with respect to the usage of the Website, Actors, or Services.
12. Liability; Limitations
12.1. LIABILITY EXCLUSION. IN NO EVENT SHALL APIFY BE LIABLE UNDER THE AGREEMENT FOR ANY LOSS OF PROFIT OR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES, WHETHER IN CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. WHERE SUCH EXCLUSION OF LIABILITY IS PROHIBITED UNDER APPLICABLE LAW, OUR TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED $1,000.00, WHICH THE PARTIES AGREE IS A FAIR AND REASONABLE AMOUNT.
12.2. LIABILITY LIMITATION. OUR TOTAL AGGREGATE LIABILITY TO YOU UNDER THIS AGREEMENT FOR ANY CLAIM IS LIMITED TO THE AGGREGATE AMOUNT PAID TO US BY YOU FOR THE SERVICES GIVING RISE TO THE CLAIM DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY. Each party acknowledges that the other party has agreed to these terms, relying on the limitations of liability stated herein, and that those limitations are an essential basis of the bargain between the parties.
13. Reporting Illegal Content
13.1. Acknowledgment. In compliance with the provisions of Act No. 480/2004 Coll., on certain Information Society Services and on Amendments to some Acts (Act on Certain Information Society Services), as amended, and the Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market For Digital Services and amending Directive 2000/31/EC (Digital Services) we shall not be liable for the contents of the information that you upload on our Website, or Services, including Customer Data or Actors. We are not obliged to verify the manner in which you or other Users or customers use the Website or Services, and we shall not be liable for the manner of such usage.
13.2. If you believe any content on our Website or Platform is illegal or infringes your rights, you may notify us at legal@apify.com by providing a description of the content and its location (e.g., URL), the reason for your claim, including the applicable law or rights, and your contact information.
14. Term
14.1. Agreement Term. Unless otherwise agreed by the parties in writing, the Agreement between Apify and you is concluded upon (i) your use of our Website; (ii) your acceptance of these Terms when creating an Account on the Platform; or (iii) execution of a separate Order; whichever occurs first. The Agreement remains effective until your Account is terminated according to the termination provisions.
14.2. Order Term. If you purchase paid Services through the Platform, the Order Term equals the Billing Period selected during the purchasing process. In the case of a separately executed Order, the Order Term shall be specified in writing therein.
14.3. Order Renewal. Unless otherwise specified in the Order, each Order will automatically renew for the same Order Term at the then-current pricing. To prevent automatic renewal, either party must notify the other in writing before the current Order Term expires. You may also cancel auto-renewal directly through your Account before the expiration of the Order Term.
15. Services Suspension; Termination
15.1. Right to Refuse Services Provision. We reserve the right to refuse access to our Website or Services to anyone for any reason at any time, for example, if we identify that you breached the Agreement with us in the past or if we are required to close your Account by law.
15.2. Suspension. In addition to any of our other rights or remedies (including, without limitation, any termination rights) set forth in this Agreement, we reserve the right to suspend the provision of the Services, including but not limited to, in situations where:
(i) your payment details in your Account are inaccurate, and any of the automatic payments of Fees fail;
(ii) you breach Sections 4.3, 4.4, 5, and 6 of these Terms;
(iii) we reasonably determine suspension is necessary to avoid material harm to you, including if the Services are experiencing attacks or disruptions outside of our control; or
(iv) as required by law or at the request of governmental entities.
15.3 Termination for Convenience. Unless you executed an Order for a long-term period (longer than a month-to-month subscription), you may downgrade the purchased Services or terminate the Agreement or an Order for any reason at any time by delivering a written notice to Apify or by deleting your Account on the Platform.
15.4. Voluntary Account Deletion. If you decide to delete your account for any reason, you can do so at any time by going into Settings on your Account. We cannot cancel Accounts in response to an email or phone request.
15.5. Termination for Breach.
15.5.1. By Apify. We may terminate the Agreement and delete your Accounts with immediate effect:
(i) should you be delayed with payment of any Fees (or part) or other amounts due for more than 30 (thirty) days;
(ii) should you breach the Agreement in any way whatsoever (including, but not limited to, your representations and warranties, license terms, or confidentiality obligations under this Agreement); or
(iii) should you enter liquidation, become insolvent, file for, or be subjected to, bankruptcy or similar proceedings.
15.5.2. By Customer. You may terminate the Agreement with immediate effect if we materially fail to provide the Services duly in the agreed scope and do not remedy such a situation within thirty (30) days of receiving a written notice of such failure from you.
15.6. Effect of Termination. Upon termination of the Agreement, your license and right to use the Services will end immediately, and you must cease all use. We have no obligation to maintain or provide you with access to the Services. We may, thereafter, unless legally prohibited, delete any Customer Data in accordance with our data retention policies (for the avoidance of doubt, this shall not limit any of your rights under applicable laws). Any outstanding Fees (including Overages and Fees for unused Services outlined in an Order for the remainder of the Order Term) will become immediately due and payable. We will not refund any Fees if you downgrade the purchased Services or terminate the Agreement, except if you terminate the Agreement in accordance with Section 15.5.2.; in such a case, you are entitled to receive a pro-rata refund for unused prepaid Fees. Termination does not relieve you of any payment obligations for the period prior to termination and will not limit either party from pursuing other remedies.
15.7. Survival. All provisions of the Agreement which, by their nature, should survive termination shall survive so, including, without limitation: IP ownership provisions, payment terms, warranty disclaimers, indemnity and limitations of liability, effect of termination, confidentiality, and final provisions.
16. Final Provisions
16.1. No Agency. Under the Agreement, Apify and Customer are independent contractors, and nothing herein will be construed to create a partnership, joint venture, or agency relationship between them. The Agreement shall be construed as if drafted by both parties and shall not be strictly construed against either party.
16.2. Severability. If any provision of the Agreement is or becomes invalid, ineffective, or unenforceable or is declared so by a competent authority, the parties shall replace it by mutual agreement with a provision that closely reflects the original intent and purpose. The invalidity, ineffectiveness, or unenforceability of any provision shall not affect the validity or enforceability of the remaining provisions, provided they can function independently of the invalid provision.
16.3. Changes to the Terms. Apify reserves the right to update these Terms periodically. The most current version, dated accordingly, will be posted at: https://docs.apify.com/legal/general-terms-and-conditions. Changes become effective upon posting unless a later effective date is specified. For material revisions, Apify may notify you via the Platform or email. Your continued use of the Services after such updates constitutes your acceptance of the revised Terms.
16.4. Amendments. Unless otherwise provided herein, any changes and amendments hereto may only be made in writing.
16.5. Notices and Communication.
16.5.1. You consent to receive electronic communications and notifications regarding the Services and Actors through the Platform.
16.5.2. Any legal notices required under the Agreement shall be delivered: (i) by regular mail to the recipient's registered address, or (ii) via email, to the email address associated with your Account if the notice is addressed to you, or to legal@apify.com if the notice is addressed to Apify. Communications made through other means than as specified herein (e.g., through Apify’s Support messaging system) will not constitute legal notice to Apify or any of its officers, employees, agents, or representatives in any situation where this Agreement or any law or regulation requires notice to Apify. Notices sent by email to you will be deemed received upon dispatch by Apify.
16.5.3. You agree that all communications we provide to you electronically satisfy any legal requirement that those communications would satisfy if they were on paper.
16.6. Trademark Use; Publicity. You agree that we may use your name, company name, and logo as a reference for all types of promotional materials for marketing purposes, free of charge.
16.7. Force Majeure. Except for your payment obligations, neither party shall be liable for any failure or delay resulting from Force Majeure. A party affected by Force Majeure shall promptly provide notice to the other, explaining the nature and expected duration thereof. It shall act diligently to remedy the interruption or delay if it is reasonably capable of being remedied.
16.8. Assignment. You shall not assign or otherwise transfer your rights or obligations under the Agreement to a third party without our prior written consent. Apify reserves the right to assign or otherwise transfer its rights or obligations under the Agreement to a third party.
16.9. Governing Law. The Agreement shall be governed by the laws of the Czech Republic, and shall exclude both the conflict of laws rules and the United Nations Convention on Contracts for the International Sale of Goods (CISG). The parties agree that commercial practices do not take precedence over any provisions of the law, even over provisions of the law that do not have coercive effects.
16.10. Contract for the Provision of Digital Content. Should provision of the Subscription Services be classified as a contract for the provision of digital content as per Section 2389a and subsequent provisions of Act No. 89/2012 Coll., Civil Code, as amended, the parties expressly exclude the application of the relevant provisions of the Czech Civil Code regulating this type of contract.
16.11. Dispute Resolution. The parties shall use their best efforts to resolve any dispute arising under the Agreement in good faith and with mutual interest. Either party may initiate an amicable resolution process by delivering a written dispute notice to the other. Within 15 days of the notice, the parties or their representatives shall meet to discuss the dispute in good faith. If the dispute remains unresolved within 30 days of the dispute notice, it may proceed as outlined below.
16.12. Jurisdiction. Any disputes arising from the Agreement between the parties that were not resolved amicably under Section 16.11. (Dispute Resolution), shall be resolved by the courts of general jurisdiction in the Czech Republic.
16.13. EU Data Act. The EU Data Act Addendum is incorporated by reference and forms part of this Agreement if your headquarters and billing address are located within the European Union.
16.14. Order of Precedence. If there is any conflict or inconsistency, the following order will apply: (1) Order, (2) any addenda (including Data Processing Addendum and the EU Data Act Addendum) (if applicable), (3) Professional Services Terms (if applicable), (4) Actor Terms, (5) these Terms.
16.15. Controlling Language. Any communication under this Agreement and all proceedings related to this Agreement will be conducted in English.
16.16. Entire Agreement. The Agreement contains the entire understanding of the parties with respect to its subject matter, and supersedes all prior communications about its subject matter. Each party acknowledges not relying upon any statement or representation of any person other than as expressly set out in the Agreement. Any purchase order or similar document that you may issue does not modify or add terms to the Agreement.
Version History
This new version applies to you as of its effective date unless you have executed a custom agreement with us. For previous versions of Apify General Terms and Conditions, please contact us at legal@apify.com.