Terms of Service

1. Eligibility and Accounts

You must be at least 18 years old and legally capable of entering into a contract. If you use the Service for an organisation, you confirm that you have authority to bind that organisation.

You must provide accurate account information, keep your credentials and local-agent API keys secure, and notify us promptly if you suspect unauthorised access. You are responsible for activity carried out through your account unless it results from circumstances for which you are not legally responsible.

2. Description of the Service

The Service performs automated technical analysis of websites. Its features may include website crawling, broken-link detection, configured pattern searches, scheduled crawls, local-agent crawls, crawl history, and reports.

Results are diagnostic and may be incomplete, delayed, or contain false positives or negatives. You remain responsible for reviewing results and deciding whether to act on them.

3. Permitted Use

You may submit only websites that you own or are legally authorised to analyse. A website being publicly accessible does not by itself establish that authorisation.

You must not:

• Use the Service unlawfully or infringe third-party rights
• Access systems or data without the required permission
• Overload, disrupt, probe, or circumvent the Service
• Introduce malicious code or use the Service to cause harm
• Resell, reverse engineer, or commercially exploit the Service except where applicable law expressly permits it

You are responsible for submitted URLs, crawl settings, credentials, patterns, and your use of results. You must comply with applicable laws and any restrictions governing the target website.

4. Privacy and Customer Data

Observa is the data controller for personal data used to manage accounts, authentication, communications, security, billing records, and operation of the Service. Our collection and use of personal data is described in our Privacy Policy.

A website you submit may contain personal data, including personal data in URLs. For such data, you are generally the controller and, where applicable, Observa processes it on your documented instructions to provide the Service. You are responsible for having a lawful basis and providing any required notices.

The Service is not intended to profile individuals or extract personal content.

5. Credits and Crawl Charges

Some features consume credits. Current package prices and crawl costs are shown on the pricing page before purchase or use. Credits are a limited contractual right to use eligible Service features; they are not money, cannot be redeemed for cash, and may not be transferred or resold unless we expressly agree otherwise.

• Purchased credits are added after the payment provider confirms a completed purchase and do not expire while your account remains active and the Service remains available. This does not constitute a commitment to operate the Service indefinitely.
• Complimentary credits may be limited, periodically reset, changed, or withdrawn. We will not convert them into purchased credits.
• Available complimentary credits are consumed before purchased credits.
• Cloud crawls are charged when queued. If a completed crawl reaches a lower depth than requested, the applicable credit difference is restored automatically.
• Local-agent jobs are charged only when the first successful report is accepted. A failed report, an insufficient-credit outcome, or a later duplicate report is not charged.

A cloud crawl may fail because of the target website, its configuration, connectivity, credentials, third-party restrictions, or other circumstances outside our control. A failed cloud crawl does not automatically entitle you to restored credits. Contact us if you believe credits were charged incorrectly. This does not affect any remedy required by mandatory law.

6. Payments, Withdrawal, and Refunds

Paddle processes purchases made through the Service and acts as the merchant of record. The seller identified at checkout is responsible for collecting payment, calculating applicable taxes, issuing payment documents, and processing payment refunds. The total price and applicable taxes are displayed before you place an order.

Consumers may have a statutory right to withdraw from a distance contract within 14 days. If you request immediate supply of digital content or performance of a digital service, that right may be lost or reduced only after you give the consent and acknowledgements required by applicable law. Any withdrawal request should be made through the instructions provided by Paddle or by contacting us.

Nothing in these Terms limits statutory rights or remedies concerning digital content or services that are defective, unavailable, or do not conform to the contract.

7. Service Availability and Changes

We aim to keep the Service available but do not guarantee continuous, uninterrupted, or error-free operation. Maintenance, security events, third-party failures, or circumstances outside our reasonable control may affect availability.

We may modify features or apply reasonable technical and usage limits to maintain security, performance, or legal compliance. We will give reasonable advance notice of material changes where practicable. Changes will not remove rights already acquired through a completed purchase, except where required by law or reasonably necessary for security.

8. Third-Party Services and Websites

The Service interacts with target websites and may depend on third-party services such as hosting, email, and payment providers. We do not control target websites or third-party services and are not responsible for their content, policies, availability, or actions. Your use of a third-party service may be governed by its own terms.

9. Intellectual Property

The Service, software, branding, and original materials made available by Observa are owned by us or our licensors and are protected by applicable intellectual-property laws. These Terms give you a limited, non-exclusive, non-transferable right to use the Service for its intended purpose while your account is active.

You retain your rights in information you submit. You grant us only the rights necessary to host, process, and transmit that information to operate and secure the Service.

10. Suspension and Termination

You may stop using the Service at any time. You may permanently delete your account through account settings. Account deletion is irreversible and removes your account data as described in the Privacy Policy. Unused credits are forfeited when you voluntarily delete your account, and deletion alone does not create a refund entitlement, without prejudice to mandatory rights.

We may suspend or terminate access immediately where reasonably necessary to address unlawful activity, a serious breach, a security threat, harm to the Service or others, or unpaid amounts. In other cases, we will provide reasonable notice and an opportunity to remedy a breach where appropriate.

We may permanently discontinue the Service by providing at least 12 months' advance notice. During that notice period, you may continue using purchased credits, subject to these Terms. When the Service ends, we will provide an appropriate refund through the payment provider for remaining purchased credits that could not reasonably be used. Complimentary credits are not refundable. The same refund protection applies if we terminate your account without breach by you. This does not limit any rights available under mandatory law. Sections that by their nature should survive termination remain effective.

11. Liability

Nothing in these Terms excludes or limits liability for fraud, wilful misconduct, gross negligence, death or personal injury where applicable, breach of mandatory consumer rights, or any other liability that cannot lawfully be excluded or limited.

Subject to the paragraph above, we are not responsible for indirect or consequential loss, loss caused by a target website or third-party service, or loss that was not reasonably foreseeable when these Terms were accepted. You are responsible for maintaining appropriate backups and independently verifying crawl results before relying on them.

Where you use the Service wholly or mainly for business purposes, our total aggregate liability arising from the Service is limited to the greater of the amount you paid during the 12 months preceding the event giving rise to the claim or the purchase price attributable to your remaining purchased credits. This cap does not apply to consumers or to liability that cannot lawfully be limited.

12. Changes to These Terms

We may update these Terms for legal, security, technical, or business reasons. We will provide reasonable advance notice of material changes through the Service or by email. Unless a change is required immediately by law or for security, material changes apply prospectively from the stated effective date. If you do not agree, you may stop using the Service and delete your account before that date.

13. Governing Law and Courts

These Terms are governed by Portuguese law. If you are a consumer habitually resident in another country, you retain the protection of mandatory consumer law applicable in that country. Portuguese courts have jurisdiction except where mandatory law permits or requires a dispute to be brought elsewhere.

14. General Provisions

If any provision of these Terms is found unenforceable, the remaining provisions remain effective. A failure or delay in enforcing a right is not a waiver of that right. You may not transfer your rights or obligations under these Terms without our consent; we may transfer ours only where this does not reduce your mandatory rights.

These Terms, the Privacy Policy, the information shown at checkout, and any expressly applicable additional terms form the agreement concerning your use of the Service. They do not exclude terms implied by mandatory law.

15. Contact

Questions, legal notices, and support requests may be sent to [email protected].