Terms of Service

Terms of Service
10/03/2024

Scraawl is a product of BlueHalo, LLC (“BlueHalo”). These Terms of Service (“Terms”) are effective immediately upon User’s registration for a Scraawl account and govern the use of the Scraawl Software Service and BlueHalo’s use of any information obtained based on use of Scraawl.

  1. Definitions.
    • The Scraawl Software Service (“Service”) includes but is not limited to the tools and the services provided through use of the Service, including but not limited to browsing posts from publicly available information (PAI), digital media sources, and analytics associated with individual or aggregate posts. posts.
    • User includes those individuals a User authorizes, or an organization representing those individuals that has the power and authority to designate individuals as users within an Account to use the Service by way of designated login credentials verified by the Service.
    • Fee means the monthly fee payable by the User to BlueHalo using applicable Order Form(s), for access to the Service and use of the Service for commercial use under these Terms. Scraawl trials are offered to a User free of any fee for solely for evaluation purposes and for personal and non-commercial use.
    • PAI sources include but are not limited to data and posts from X, Facebook, Tumblr, YouTube, and other publicly available social media and digital media.
    • PAI Terms of Service (TOS) include all TOS published by PAI Sources, which includes, but is not limited to X Terms of Service located at https://x.com/en/tos, X’s Guidelines for Law Enforcement located at https://t.co/le, Tumblr Terms of Use located at https://www.tumblr.com/policy/en/terms-of-service , Facebook Terms of Use located at https://www.facebook.com/terms, and YouTube Terms of use located at https://www.youtube.com/static?template=terms.
  2. Acceptance of Terms.
    Users agree to the Terms of Service of all Publicly Available Information (PAI) sources and digital media sources accessed through Scraawl, including but not limited to X Terms of Service (https://x.com/en/tos), YouTube Terms of Service (https://www.youtube.com/static?template=terms), Facebook Terms of Use (https://www.facebook.com/terms), and Tumblr Terms of Use (https://www.tumblr.com/policy/en/terms-of-service). By using Scraawl, users are agreeing to be bound by the terms of service of all PAI sources and digital media sources accessed through Scraawl.
  3. Modifications to this Agreement.
    BlueHalo may modify these terms at its sole discretion. Any such modifications will not be retroactive, and the most current version of the Terms, which will always be at https://www.scraawl.com/tos/, will govern BlueHalo’s relationship with Users. By continuing to access or use the Service after any revisions become effective, Users agree to be bound by such revised Terms posted at https://www.scraawl.com/tos/. Users are responsible for reviewing and becoming familiar with any modifications to this Agreement. Should BlueHalo propose revisions to this Agreement, Users must agree to any such revisions as a condition to continued use of the Service. If Users do not agree to any such modifications, Users are not permitted to use and should discontinue use of the Service.
  4. IP Rights.
    BlueHalo maintains all rights, title, and interest in and to the Service. No rights are granted to Users in the Service or the associated technology other than the right to use the Service according to these Terms.
  5. Account Registration..
    Users agree to use the Service subject to the terms and conditions in this Agreement. To use the Service, Users must register for the Service. To register and use the Service, Uses must have the power and authority to accept the Terms, and must have verified login credentials in accordance with the Service. Further, Users’ use of the Service must not be in violation of any applicable export regulations (See Section 12), and Users must be at least 18 years of age. After registration, use of the Service may require Users to provide user authentication information (as OAuth access tokens) for social media accounts including, but not limited to PAI Sources, to link User accounts with Scraawl. By linking User social media accounts with the Service, the User is authorizing BlueHalo to use these tokens/credentials to collect data on the User’s behalf from the respective social media sites. Users may delete the Service’s authorization for their token through the social media account settings page, or via the Scraawl profile page at any time.
  6. Use of the Service.
    In using the Service, Users shall not:

    (a) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the Service available to any third person;

    (b) modify, attempt to gain unauthorized access to the Service or its related systems or networks;

    (c) use the Service in any unlawful manner, including but not limited to violation of any person’s privacy rights or intellectual property rights;

    (d) use the Service in any manner that interferes with or disrupts the integrity or performance of the Service and its components;

    (e) attempt to decipher, decompile, reverse engineer or otherwise discover the source code of any software making up the Service;

    (f) use the Service in any way that is racist, hateful, obscene, discriminatory, or contains any viruses, malware, Trojan horses, time bombs, or any other similar harmful software;

    (g) attempt to use any method to gain unauthorized access to any features of the Service or any of the social media sites being analyzed by Scraawl;

    (h) unless otherwise explicitly agreed to in writing by BlueHalo, use of the Service or any content obtained from it as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism;

    (i) unless otherwise explicitly agreed to in writing by BlueHalo, share or distribute, publicly display or make available in the public domain as a publication or in any other form, any data and results obtained from the Service, except as aggregate statistics;

    (j) use automated scripts to collect information from or otherwise interact with the Service;

    (k) deep-link to the Service for any purpose (other than Scraawl’s home webpage), unless expressly authorized in writing by BlueHalo; or

    (l) try to use the Service in violation of these Terms.

    (m) Misuse or misinterpret generated content. Users are solely responsible for ensuring that the generated content goes through proper quality control procedures, including verification and validation of cited references, before relying on it for decision-making purposes. Scraawl software now utilizes one or more large language models to assist end users with discovery and report generation. It is important to note that all content generated by Scraawl, including but not limited to reports, must be verified and validated by a human analyst before being inserted into decision-making channels. While BlueHalo strives to ensure the accuracy and reliability of the generated content, BlueHalo cannot take responsibility for any misuse or misinterpretation of generated or analyst created content.

    When using PAI Sources in the Service, government entities, law enforcement, or other organizations will not knowingly (a) allow or assist in the conduct of surveillance of users of PAI Sources or their user-generated content that would require a subpoena, court order, or other valid legal process, or that would otherwise have the potential to be inconsistent with PAI Source users’ reasonable expectations of privacy; or (b) display, distribute or otherwise make available content to any person or entity that the User reasonably believes will use such data to violate the Universal Declaration of Human Rights (located at http://www.un.org/en/documents/udhr ), including without limitation Articles 12, 18, or 19. Any law enforcement personnel seeking information about PAI Source users should refer to PAI TOS. Users will not conduct and provide analyses or research that isolates a small group of individuals or any single individual for any unlawful or discriminatory purposes.

    Federal, State or Local Government Use. The Scraawl Service are “commercial items” as defined at 48 C.F.R. 2.101, consisting of “commercial computer software” and “commercial computer software documentation” as such terms are used in 48 C.F.R.12.212. Any use, modification, derivative, reproduction, release, performance, display, disclosure or distribution of the Scraawl Technology or Scraawl Content by any government entity is prohibited, except as expressly permitted by the terms of this Agreement. To the extent that the Service is used to collect and analyze PAI Sources, approved use cases are limited to monitoring an organization’s social presence and outreach (public affairs), for community monitoring during events/crises; agency/organizations sponsored/ organized events, education and training, and natural disaster and relief operations that are specific to government or government entities assets. Collection of data related to political events, groups or affiliated individuals is prohibited. Use of Scraawl Analytics such as community and influence analysis that violates PAI Source users’ reasonable expectations of privacy is prohibited. Additionally, any use by U.S. government entities must be in accordance with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4. If a User makes use of Scraawl Analytics or Scraawl Content in an official capacity as an employee or representative of a U.S., state or local government entity and is legally unable to accept the indemnity, jurisdiction, venue or other clauses herein, then those clauses do not apply to such entity, but only to the extent as required by applicable law.

    Third-party Content: BlueHalo licenses content from various third-party providers, including but not limited to PAI Sources (“Third Party Providers” and “Third Party Content”). Users shall not: (i) use any Third Party Content (in aggregate form or otherwise) in connection with any online advertising network, advertising exchange, or data broker, (ii) remove or alter any proprietary notices, copyright notices or marks from the Third Party Content or (iii) display any Third Party Content that may create a false or misleading impression as to the origin or value of such Third Party Content. In addition, Users shall comply with PAI TOS. Users shall defend, indemnify and hold harmless BlueHalo from any claims arising from use of the Third-party Content or breach by the User of Third-party Provider terms of service, rules, and policies. BlueHalo may terminate User’s access to and use of Third-party Content in the event of the User’s breach of this Agreement.
  7. Publicity.
    Users of the Service shall (a) participate in a press release following the execution of this Agreement naming themselves as a User of the Service, (b) allow their name to be used in sales materials and user literature, which references the Service’s Users generally, and (c) allow the use of their name, without endorsement, in a listing of the Service’s Users. Users shall also make reasonable efforts, upon BlueHalo’s prior reasonable request, to serve as a reference account and to participate in case studies and other promotional activity.
  8. Confidentiality.
    Users shall maintain the confidentiality of their login and account and are fully responsible for all activities that occur under the login and account. Users agree and acknowledge that the login may only be used by one (1) person, and that the login will not be shared among multiple people. Users will not sell, trade, or otherwise transfer logins or accounts to another party, and Users will not charge anyone for access to any portion of the Service or any information therein. Users shall be responsible for anything that happens through their account until they cancel the subscription and close the account or prove that the account security was compromised due to no fault of their own. Users shall use all Scraawl PAI Sources in accordance with PAI TOS.
  9. Data Privacy and Security.
    BlueHalo may collect data about Users’ searches and save the data collected to respond to Users’ service requests. BlueHalo will also maintain Users’ Scraawl authentication information and certain PAI Sources authorization information provided by the User in order to allow the Service to access these social media sites for the User’s Scraawl tasks. This includes the use of YouTube API Services. By using Scraawl, users acknowledge and agree that their data may be accessed and used in accordance with the YouTube API Services Terms of Service (https://www.youtube.com/static?template=terms) and the terms of service associated with API services applicable to other PAI sources. Users’ data may be subject to Google's Privacy Policy (http://www.google.com/policies/privacy ). For more information, please refer to the Google Privacy Policy. Users may delete Scraawl’s authorization for their tokens through PAI Sources at any time. BlueHalo, through the Service, may access Users’ account information in order to respond to Users’ service requests and/or as necessary, in BlueHalo’s sole discretion, to provide Users with the Service. BlueHalo shall store, use, and process Users’ business contact information, including names, business phone numbers, and business e-mail addresses only to the extent necessary to provide Users the Service. BlueHalo will not disclose such business contact information to third parties unless permitted by the User in writing or if compelled by law. Users grant BlueHalo a nonexclusive, revocable, worldwide, perpetual, unlimited fully paid up and royalty-free right to use, copy, prepare derivative works of, distribute, publish, remove, retain, add, process, or analyze the foregoing described information for the sole purpose of providing the Service and for BlueHalo’s research purposes. Users represent and warrant that they are entitled to and authorized to submit the information and that the information is accurate, not confidential, and not in violation of any contractual restrictions or other third-party rights..

    In addition to the terms of this Agreement, Users’ access to and use of the Service is subject to BlueHalo’s privacy policies related to the Service.
  1. Availability of Site.
    BlueHalo will make commercially reasonable efforts to have the Service available at all times, excluding scheduled maintenance windows. There may be interruptions in service or events beyond BlueHalo’s control, and the Service may be subject to interruption for indefinite periods of time. In the event of the unavailability of the Service for more than forty-eight (48) hours, BlueHalo will work with the Users of the Service to provide a credit for the days the Service is unavailable (as a percentage of the prorated monthly fee), against the Fee set forth in the applicable Order Form(s).
  2. Cancellation and Termination.
    Users may not cancel their subscription for the term of the subscription. Users’ accounts will automatically be deactivated at the expiration of the subscription. BlueHalo may terminate Users’ access to the Service at any time at its sole discretion.
  3. Compliance with Laws; Export and Import.
    Users shall comply with all applicable foreign, federal, state, and local laws, rules, and regulations. The Service is subject to U.S. export laws and may be subject to import and use laws of the country where the Service is delivered or used. By using the Service, Users agree to abide by these laws. Under these laws, the Service may not be sold, leased, downloaded, moved, exported, re-exported, or transferred across borders without a license, or approval from the relevant government authority, to any country or to any foreign national restricted by these laws, including countries embargoed by the U.S. Government (currently Cuba, Iran, North Korea, Northern Sudan and Syria); or to any restricted or denied end- user including, but not limited to, any person or entity prohibited by the U.S. Office of Foreign Assets Control; or for any restricted end-use. If Users are physically located in or are a national of a prohibited country or are a prohibited person or entity, Users may not use the Service. Users will maintain all rights and licenses that are required with respect to use of the Service. Users have been asked to identify the end-user of a subscription as well as the end-user’s address, email address, and country. By using the Service, Users certify that the information provided is complete, accurate and true.
  4. Disclaimer of Warranties and Liability.
    THE SERVICE, INCLUDING ITS CONTENT, AND ALL SERVER AND NETWORK COMPONENTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND TO THE FULLEST EXTENT PERMITTED BY LAW, AND BLUEHALO EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. BLUEHALO DOES NOT REPRESENT OR WARRANT THAT THE SERVICE, THE SOFTWARE, OR THE COMPUTED ANALYTICS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. BLUEHALO DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN THE FUNCTIONING OF THE SERVICE, EXCEPT AS OTHERWISE EXPRESSLY SETFORTH HEREIN. FURTHERMORE, BLUEHALO DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE SERVICE DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET NETWORK, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, USER COMMUNICATIONS, PROBLEMS RELATED TO THE SERVICE OR ITS USE, LOSS OF PERSONAL CONTENT ON THE SITE, LOST OR UNDELIVERABLE EMAIL, AND FOR ANY OTHER REASON. USERS ACKNOWLEDGE THAT BLUEHALO DOES NOT WARRANT THAT SOCIAL MEDIA POSTS OR OTHER INFORMATION OBTAINED FROM SCRAAWL OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. BLUEHALO IS IN NO WAY LIABLE FOR ANY ACTION TAKEN BY USERS BASED ON INFORMATION OR SOCIAL MEDIA POSTS OBTAINED THROUGH USE OF THE SERVICE. BLUEHALO DOES NOT WARRANT THAT THE SOCIAL MEDIA POSTS OR INFORMATION OBTAINED THROUGH USE OF THE SERVICE ARE ACCURATE OR COMPLETE OR TRUTHFUL. USERS HEREBY RELEASE BLUEHALO FROM LIABILITY AND HOLD BLUEHALO HARMLESS FOR ANY ACTION TAKEN BY THE USER OR ANY OTHER PARTY BASED ON THE INFORMATION OBTAINED THROUGH THE SERVICE.

    Under no circumstances will BlueHalo be responsible for any loss or damage, including, but not limited to personal injury or death, resulting from use of the Service. BlueHalo does not control or vet any social media posts for accuracy, content, compliance with any law or regulations or for any other purpose. Furthermore, BlueHalo is not responsible for any offensive, inappropriate, obscene, unlawful, or otherwise objectionable content of posts that Users obtain through use of the Service. Users may encounter posts collected by the Service. BlueHalo is not responsible for the conduct, whether online or offline, of any user of the Service or for any postings made through PAI Sources and collected and/or analyzed by Scraawl. BlueHalo CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SERVICE.
  5. Limitation of Liability.
    Neither the User nor BlueHalo will be liable, under any legal theory, whether in contract, tort, negligence, or otherwise, for any indirect, incidental, special, exemplary, consequential, punitive, or other similar damages, including lost profits, lost sales or business, lost data, business interruption, or any other loss incurred by such party relating to the Service.
  6. No Assignment.
    Users may not assign these provisions to any third party without the written consent of BlueHalo.
  7. Severability.
    If any provision of these Terms is held by a court of law to be unenforceable, the provision shall be modified by the court and interpreted in such a way as to be enforceable and to accomplish the unmodified provision to the fullest extent possible. All other provisions of the Terms shall remain in full force and effect.
  8. Relationship/Independent Contractor.
    The only relationship between the parties is that of provider of the Service and User of the Service. Nothing herein shall be construed as creating any relationship between the parties of principal and agent, partners, joint ventures, employer and employee or any other similar kind of relationship.
  9. Survival.
    All provisions of these Terms shall survive termination of these Terms except for Sections 3,5,6 and 10.
  10. Governing Law.
    This Agreement shall be construed and enforced in accordance with the laws of the State of Delaware, without regards its to conflict of law principles. Exclusive jurisdiction for any litigation arising out of this Agreement or its subject matter shall be in the federal or state courts residing in Arlington County in the Commonwealth of Virginia. In any such proceeding, the Parties waive any objection to forum including, without limitation, any objection based on lack of personal jurisdiction, improper venue, or inconvenient forum.
  11. Federal Government End Use Provisions.
    This Service is a Commercial Item, consisting of Commercial Computer Software and Commercial Computer Software Documentation as defined in the Federal Acquisition Regulations.
  12. No Waiver.
    BlueHalo’s failure to enforce any provision of these Terms does not constitute a waiver of that provision or of any other provision of these Terms.
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