import type { Metadata } from "next"; import Link from "next/link"; import { LegalLayout, type LegalSection } from "@/components/marketing/legal-layout"; export const metadata: Metadata = { title: "Terms of Service", description: "The terms that govern your use of the Fetcha web access API, dashboard and SDKs.", alternates: { canonical: "/legal/terms" }, }; const sections: LegalSection[] = [ { id: "agreement", title: "Agreement and parties", body: ( <>

These Terms of Service (the “Terms”) are a binding agreement between you, the individual or legal entity that creates an account or uses the Services (“you” or “Customer”), and Fetcha, a business operated from the Province of Québec, Canada (“Fetcha”, “we”, “us”). The “Services” means the Fetcha web access API available at https://www.fetcha.co/v1, the web dashboard, the software development kits, the documentation and any related tooling we make available.

By creating an account, clicking “I agree”, using an API key or otherwise accessing the Services, you accept these Terms, the Acceptable Use Policy, the Privacy Policy and, where it applies, the Data Processing Addendum, all of which are incorporated by reference. If you are accepting on behalf of a company, you represent that you have authority to bind that company, and “you” refers to the company.

If you do not agree to these Terms, you must not use the Services. If you have signed a separate written agreement with Fetcha that expressly supersedes these Terms, that agreement governs to the extent of any conflict.

), }, { id: "the-services", title: "The Services and what they are not", body: ( <>

Fetcha provides infrastructure that retrieves publicly reachable web resources on your instruction. When you call the API with a URL, we route the request through one or more upstream network partners and return the response to you. We select routes automatically according to success history, cost, latency, network health, geography and session stability, and we may retry a request through a different route. Feature availability is described in the documentation and the changelog; features marked “coming soon” or “not available” are not part of the Services until we announce them.

The Services are a tool. You decide which URLs to request, how often, and what you do with the content. Fetcha does not review, curate, endorse or take ownership of any content you retrieve, and does not grant you any right to that content. Your right to access any third-party website, and to use what you retrieve, depends on that website’s terms, applicable law and your own contractual arrangements, not on these Terms.

We may modify the Services, including adding, changing or retiring features, network classes, limits or endpoints. Where a change materially reduces core functionality you are paying for, we will give at least 30 days’ notice by email or in the dashboard.

), }, { id: "accounts", title: "Accounts, API keys and security", body: ( <>

You must be at least 18 years old and provide accurate registration information, including a working email address that you control. You must verify your email address before making API requests. You are responsible for keeping your credentials confidential, including passwords and API keys (fch_live_…, fch_test_…).

API keys are shown in full only once, at creation. Anything done with your keys is deemed done by you. If you believe a key has been exposed, revoke or rotate it immediately from the dashboard and notify support@fetcha.co. You may not share a single account between separate organisations, sell or lease access to your keys, or use another customer’s keys.

We may require you to update security-relevant settings, and we may suspend keys that show signs of compromise or abuse, with notice where practicable.

), }, { id: "acceptable-use", title: "Acceptable use", body: ( <>

Your use of the Services must comply with the Acceptable Use Policy, which is part of these Terms. In summary, you may not use Fetcha to access systems without authorisation, to attack, flood or overload any system, to bypass third-party authentication or paywalls, to collect personal data unlawfully, to distribute malware, to commit fraud, to handle child sexual abuse material, to target Fetcha’s own infrastructure, or to resell the Services as an anonymous proxy.

You are solely responsible for ensuring that each request you send, and each use you make of the retrieved content, is lawful in every relevant jurisdiction, including compliance with applicable data-protection, intellectual-property, computer-misuse, consumer-protection and export-control laws, and with the terms of the websites you access.

We monitor aggregate usage metadata to enforce this section. We may throttle, suspend or terminate access, delete offending data and report to law enforcement where we believe in good faith that these Terms or the law are being violated.

), }, { id: "plans-billing", title: "Plans, fees and billing", body: ( <>

The Services are offered on the plans described on the pricing page. Each plan includes a monthly request quota, a residential-bandwidth allowance and operational limits (concurrency, timeout, retries, log retention). Usage above the included amounts is charged at the overage rates of your plan. One completed call to /v1/fetch is one request regardless of the number of internal retries; requests rejected before upstream work (invalid input, disallowed URL, quota exceeded) are not counted.

During the public preview, self-serve checkout is not available. All accounts are on the Free plan unless we provision a paid plan for you in writing. Where a paid plan has been provisioned, fees are invoiced in United States dollars, are due within 15 days of the invoice date unless otherwise agreed, and are exclusive of taxes, which you are responsible for (except taxes on Fetcha’s income). Fees are non-refundable except where required by law or expressly stated in these Terms.

We may change prices with at least 30 days’ notice; changes apply from your next billing period. We may suspend the Services for accounts with overdue amounts after notice. Free plans may be subject to fair-use limits, and we may reclaim inactive free accounts after 12 months of inactivity following email notice.

), }, { id: "customer-data", title: "Your data and our data", body: ( <>

Customer Content means the URLs, parameters, headers, cookies and request bodies you send us, and the responses we return to you. You retain all rights in Customer Content. You grant Fetcha a limited licence to process Customer Content solely to provide, secure and improve the Services, and to comply with law. We do not store response bodies by default; we store request metadata (such as domain, status, network class, timing and byte counts) for the retention period of your plan, with sensitive headers redacted, as detailed in the Privacy Policy.

Usage Data means aggregated and de-identified information about how the Services perform (for example, success rates per domain and network class). We may use Usage Data to operate and improve routing and for statistics, provided it does not identify you or your end users.

Where you use the Services to process personal data on behalf of others, the Data Processing Addendum applies and you are responsible for having a lawful basis and for giving any required notices.

), }, { id: "ip", title: "Intellectual property", body: ( <>

Fetcha and its licensors own the Services, including the API, dashboard, routing logic, documentation, SDKs, trademarks and all related intellectual property. Subject to these Terms, we grant you a non-exclusive, non-transferable, revocable licence to use the Services for your internal business purposes. SDK source code is licensed under the open-source licence stated in its repository; that licence governs the SDK code, and these Terms govern your use of the API it calls.

You may not copy, modify, reverse-engineer or create derivative works of the Services (except to the extent the law prohibits this restriction), remove proprietary notices, or use Fetcha’s name or marks without written permission, except to describe factually that your product uses Fetcha.

If you send us suggestions or feedback, you grant us a perpetual, royalty-free licence to use them without obligation to you.

), }, { id: "third-parties", title: "Third-party websites and network partners", body: ( <>

Fetcha does not control the websites you access and makes no representation that any website will be reachable, will return any particular content, or permits automated access. Website operators may block, rate-limit or serve altered content to automated traffic; a blocked request is a normal, billable outcome of the Services and not a defect.

We rely on upstream network partners to provide exit capacity. We select and monitor partners, but we do not disclose their identities, and their availability may vary by region. Network classes other than residential are not yet available. Nothing in these Terms creates any relationship between you and our partners.

), }, { id: "warranties", title: "Warranties and disclaimers", body: ( <>

We will provide the Services with reasonable skill and care and will use commercially reasonable efforts to keep the API available. Current availability and incident history are published on the status page. The public preview is provided without a service-level commitment; Enterprise agreements may include one.

To the maximum extent permitted by law, the Services are provided “as is” and “as available”. We disclaim all other warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy and uninterrupted or error-free operation. We do not warrant that any website can be accessed, that any content is accurate, complete or lawful to use, or that the Services meet your regulatory requirements. Consumer-protection laws in your jurisdiction (including Québec’s Consumer Protection Act, where applicable) may grant rights that cannot be excluded; nothing in these Terms limits those rights.

), }, { id: "liability", title: "Limitation of liability and indemnity", body: ( <>

To the maximum extent permitted by law, neither party will be liable for any indirect, incidental, special, consequential or punitive damages, or for loss of profits, revenue, data or goodwill, arising out of or related to these Terms, even if advised of the possibility. Fetcha’s total aggregate liability arising out of or related to these Terms will not exceed the greater of (a) the fees you paid to Fetcha in the 12 months preceding the event giving rise to the claim and (b) CAD 100. These limits do not apply to liability that cannot be limited by law, including for gross negligence, intentional fault or bodily injury.

You will defend, indemnify and hold harmless Fetcha and its officers, employees and contractors from any third-party claim, loss, cost or liability (including reasonable legal fees) arising from Customer Content, your use of the Services, your violation of these Terms or the Acceptable Use Policy, or your violation of any law or third-party right, including the terms of any website you access. We will notify you promptly of any such claim and cooperate reasonably at your expense.

), }, { id: "term-termination", title: "Term, suspension and termination", body: ( <>

These Terms apply from your first use of the Services until terminated. You may terminate at any time by deleting your account from the dashboard or by writing to support@fetcha.co. Paid subscriptions end at the close of the current billing period.

We may suspend or terminate your access immediately if you materially breach these Terms or the Acceptable Use Policy, if your use creates a security or legal risk to Fetcha, our partners or third parties, if payment is overdue after notice, or if required by law. Where reasonable, we will notify you and give you a chance to cure. We may terminate for convenience with 30 days’ notice, in which case we will refund any prepaid fees for the unused period.

On termination, your API keys stop working and, after a grace period of 7 days during which you may export request logs, we delete account data as described in the Privacy Policy. Sections that by their nature should survive (including fees owed, ownership, disclaimers, limitation of liability, indemnity and governing law) survive termination.

), }, { id: "law", title: "Governing law and disputes", body: ( <>

These Terms are governed by the laws of the Province of Québec and the federal laws of Canada applicable therein, without regard to conflict-of-law rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply. Subject to any mandatory consumer rights, the courts sitting in the judicial district of Montréal, Québec, have exclusive jurisdiction over any dispute arising out of these Terms, and each party consents to that jurisdiction.

Before filing a claim, each party agrees to try in good faith to resolve the dispute by contacting the other (for Fetcha, legal@fetcha.co) and allowing 30 days for discussion. The parties acknowledge that they have expressly requested that these Terms and all related documents be drawn up in English. Les parties reconnaissent avoir expressément demandé que les présentes conditions et tous les documents connexes soient rédigés en anglais.

), }, { id: "general", title: "General provisions", body: ( <>

These Terms, together with the documents incorporated by reference and any order form, are the entire agreement between the parties about the Services and supersede prior agreements on the subject. If any provision is unenforceable, it will be enforced to the maximum extent permitted and the remainder stays in force. A failure to enforce a right is not a waiver.

You may not assign these Terms without our written consent, except to a successor in a merger or sale of substantially all assets, with notice. We may assign these Terms to an affiliate or successor. Neither party is liable for delays caused by events beyond its reasonable control, including upstream network failures, denial-of-service attacks, or actions of third-party website operators. Notices to Fetcha must be sent to legal@fetcha.co; notices to you will be sent to the email address on your account.

We may update these Terms. The current version and its effective date appear at the top of this page. Material changes will be announced by email or dashboard notice at least 30 days in advance; continued use after the effective date constitutes acceptance.

), }, ]; export default function TermsPage() { return ; }