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Tenkai LTD - Terms and Conditions

Last Updated: April, 2025

Welcome to Tenkai! These Terms and Conditions ("Terms") govern your access to and use of the Tenkai platform, website, and services (collectively, the "Service"), operated by Tenkai ("Tenkai", "we", "us", or "our"). Our company is registered and based in the Republic of Cyprus, an EU member state.

PLEASE READ THESE TERMS CAREFULLY. BY REGISTERING FOR, ACCESSING, BROWSING, OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE SERVICE.

1. Description of Service

Tenkai provides a data extraction platform. Users provide specific Uniform Resource Locators (URLs) and a desired data schema. The Service then attempts to crawl the content of the provided URLs and utilizes artificial intelligence (AI) and large language models (LLMs) to extract data based on the user-defined schema. The extracted data is then presented to the user through the platform.

2. User Accounts and Registration

  • Eligibility: You must be at least 18 years old and capable of entering into legally binding contracts to use the Service.
  • Registration: You may need to register for an account to access certain features of the Service. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
  • Account Security: You are responsible for safeguarding your account password and for any activities or actions under your account. You agree to notify us immediately of any unauthorized use of your account. Tenkai cannot and will not be liable for any loss or damage arising from your failure to comply with this security obligation.

3. User Responsibilities and Conduct

  • URL and Schema Responsibility: You are solely responsible for the URLs you submit to the Service and the data schema you define for extraction.
  • Legality of Use: You represent and warrant that you have all necessary rights, permissions, and authorizations to instruct Tenkai to access and crawl the URLs you provide and to extract data from them according to your schema. You agree not to provide URLs for websites that you are not legally permitted to access or crawl.
  • Content of Target Websites: Tenkai has no control over and assumes no responsibility for the content, privacy policies, terms of service, or practices of any third-party websites accessed via the URLs you provide. You acknowledge that Tenkai does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites.
  • Prohibited Uses: You agree not to use the Service for any unlawful purpose or in any way that could harm Tenkai, its users, or any third party. This includes, but is not limited to:
    • Violating any applicable local, state, national, or international law or regulation.
    • Infringing upon or violating our intellectual property rights or the intellectual property rights of others.
    • Attempting to crawl or access websites or data in violation of their terms of service or applicable laws (e.g., accessing private, protected, or sensitive information without authorization).
    • Submitting malicious URLs or schemas designed to disrupt the Service or harm systems.
    • Using the Service in any manner that could disable, overburden, damage, or impair the Service.
  • Recommendation for Public Data: While the Service is a tool, Tenkai strongly recommends that users primarily target publicly available data and respect the terms of service and robots.txt files of the target websites.
  • Sole Responsibility for Misuse: You are solely responsible and liable for any misuse of the Service conducted through your account, including any breach of these Terms or violation of applicable laws or third-party rights.

4. Data Extraction and Content

  • No Guarantee of Results: Tenkai does not guarantee that data extraction will be successful for every request. The Service may fail to retrieve data or may retrieve incomplete, inaccurate, or irrelevant data.
  • Disclaimer for Empty or Irrelevant Results: Tenkai bears no responsibility or liability if the data extraction process yields empty, partial, or irrelevant results. Such outcomes may occur due to various factors beyond our control, including but not limited to:
    • The target website blocking, rejecting, or limiting Tenkai's access requests (e.g., through IP blocks, CAPTCHAs, or rate limiting).
    • The user-provided data schema being inappropriate, inaccurate, or irrelevant to the actual content or structure of the target website.
    • Changes in the target website's structure or content after the request was initiated.
    • Limitations inherent in AI/LLM technology in understanding or extracting specific data points.
  • No Responsibility for Extracted Data: Tenkai does not verify the accuracy, legality, or appropriateness of the data extracted from third-party websites. The responsibility for validating and using the extracted data lies solely with you.

5. Fees, Payment, and Refunds

  • Subscription Plans: Access to and use of the Service is subject to the selection of a subscription plan and payment of the applicable fees outlined on our pricing page or in your specific agreement with Tenkai.
  • Pay-As-You-Go Model: Plans operate on a pay-as-you-go basis. You may deposit funds into your Tenkai account, which will be maintained as a balance.
  • Usage Charges: Service usage will deplete your account balance according to the rates specified in your chosen plan. Charges are based solely on the plan structure; no extra or hidden fees are applied by Tenkai for standard usage as defined by the plan.
  • Non-Refundable Balance: All funds deposited into your Tenkai account are non-refundable and non-transferable. The balance can only be used for consuming Tenkai services and cannot be withdrawn or redeemed for cash or credit outside the platform. Unused balances will not be refunded upon account termination or suspension, except as may be required by applicable law.
  • Payment Information: You agree to provide valid and updated payment information. By providing payment information, you authorize Tenkai or its third-party payment processors to charge the applicable fees.

6. Intellectual Property Rights

  • Tenkai IP: The Service and its original content (excluding data extracted from third-party websites at your direction), features, and functionality are and will remain the exclusive property of Tenkai and its licensors. The Service is protected by copyright, trademark, and other laws of both the Republic of Cyprus and foreign countries.
  • User Data: Subject to the rights of the original owners of the content on the target websites, you retain ownership of the specific datasets extracted and structured according to your schema through your use of the Service. However, you grant Tenkai a worldwide, non-exclusive, royalty-free license to use, process, and store this data solely for the purpose of providing and improving the Service.
  • Feedback: Any feedback, comments, or suggestions you may provide regarding Tenkai or the Service is entirely voluntary, and we will be free to use such feedback, comments, or suggestions as we see fit and without any obligation to you.

7. Disclaimers and Limitation of Liability

  • "AS IS" Service: THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. TENKAI DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED.
  • Limitation of Liability: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TENKAI, ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE OR OBTAINED FROM THE SERVICE (INCLUDING TARGET WEBSITES); (III) ANY DATA EXTRACTED OR FAILED TO BE EXTRACTED THROUGH THE SERVICE; (IV) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
  • Maximum Liability: TO THE FULLEST EXTENT PERMITTED BY LAW, TENKAI'S MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICE SHALL BE LIMITED TO THE AMOUNT YOU PAID TO TENKAI FOR THE USE OF THE SERVICE IN THE SIX (6) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY.

8. Indemnification

You agree to defend, indemnify, and hold harmless Tenkai and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) your violation of any law or the rights of a third party, including but not limited to claims related to the crawling of websites or the extraction and use of data obtained through the Service.

9. Termination

  • Termination by Tenkai: We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever, including without limitation if you breach the Terms.
  • Termination by You: You may terminate your account at any time by contacting Tenkai support or through account settings, if available.
  • Effect of Termination: Upon termination, your right to use the Service will immediately cease. Provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability. Outstanding payment obligations and the non-refundability of balances shall also survive termination.

10. Governing Law and Dispute Resolution

These Terms shall be governed and construed in accordance with the laws of the Republic of Cyprus (an EU member state), without regard to its conflict of law provisions. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled by arbitration in Nicosia, Republic of Cyprus, using the English language in accordance with the Arbitration Rules and Procedures of the Cyprus Arbitration and Mediation Centre (CAMC) then in effect. (Note: The choice of arbitration body and rules should be confirmed with legal counsel).

11. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

12. Miscellaneous

  • Entire Agreement: These Terms constitute the entire agreement between you and Tenkai regarding our Service and supersede and replace any prior agreements we might have had between us regarding the Service.
  • Severability: If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
  • No Waiver: No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Tenkai's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

13. Contact Information

If you have any questions about these Terms, please contact us at: [email protected] or visit our contact page: https://tenkai.tech/contact