Apify Store Publishing Terms and Conditions December 2022
Version History
You are reading terms and conditions that are no longer effective. If you're a new user, the latest terms apply. If you're an existing user, see the table below to identify which terms and conditions were applicable to you at a given date.
| Version | Effective from | Effective until |
|---|---|---|
| Latest | May 13, 2024 | |
| December 2022 (This document) | December 1, 2022 | June 12, 2024 |
Apify Store Publishing Terms and Conditions December 2022
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 kept by the Municipal Court of Prague, File No.: C 253224 (hereinafter referred to as “we” or the “Provider”) thanks you (hereinafter referred to as “you” or the “User”) for using our Platform console.apify.com (the “Platform”). These terms and conditions of use (the “Apify Store Terms”) shall govern your rights and obligations in relation to publishing and maintaining a public Actor in Apify Store at console.apify.com/store (“Apify Store”) in addition to our General Terms and Conditions of use (the “Terms”).
Terms starting with a capital letter used in this Apify Store Terms have the meaning defined in the Terms. Provisions of the Terms regarding liability, indemnity, amendments, governing law and choice of jurisdiction are incorporated herein by reference.
1. Publishing your Actor
Actors (i.e. the serverless cloud programs running on the Platform as defined in the Terms) can be either private or public. Public Actors are shown in Apify Store and can be run by anyone. Private Actors can only be accessed and started by their owner. If you decide to make your Actor public, the following rules apply.
2. Acceptance of these Terms
By clicking a button “I agree”, you claim that you are over 18 years old and agree to adhere to these Apify Store Terms, in addition to the Terms and the terms of personal data protection. If you act on behalf of a company when accepting these Apify Store Terms, you also hereby declare to be authorized to perform such legal actions on behalf of the company (herein the term “you” shall mean the relevant company).
3. Actor name, description and price
3.1. Each Actor has its own unique name. When you publish an Actor, you agree to assign to it a relevant, non-deceiving name
3.2. When publishing your Actor, you agree to create, publish and maintain an up-to-date, pertinent description, documentation or other sources of information, allowing the users to use the Actor.
3.3. The Actor, its name, price, description and other information connected to it published in Apify Store can be changed at any time in the future. However, changes to the Actor's name and price are limited to a maximum of one change per calendar month.
4. Competition
We encourage healthy competition. Creating an Actor that offers a similar functionality or outcome as another Actor is permitted. However, you must avoid simply copying another's Actor and claiming it as yours.
5. Prohibited content
5.1. You may create and publish an Actor of any kind, however to maintain a safe, legal and respectful environment on the Platform, we are asking you to avoid content and activities that are prohibited by the Terms (the “Prohibited Content”).
5.2. While we are not obliged to monitor the content of all the Actors, if we find out that your Actor contains any of the Prohibited Content, we are entitled to unpublish and/or delete such Actor, in our sole discretion.
6. Provider's right to intervene
Without limitation to clause 5.2 above, we reserve the right to delete, unpublish, restrict or modify any unlawful, offensive, harmful or misleading content or public information in Apify Store or any Public Actor breaching this Apify Store Terms as we may see fit.
7. Privacy of the code
By publishing your Actor on the Platform you are allowing us to view the code of that Actor. We may only access and inspect the code in limited circumstances where our interference is necessary for legal, compliance or security reasons, e.g. when investigating presence of any Prohibited Content, suspicion of credentials stealing or account hacking.
8. Maintenance of the Actor
By publishing your Actor you agree to use your best effort to maintain it in working condition and make updates to it from time to time as needed, in order to maintain a continuing functionality.
9. Testing
Please note that we are performing regular automated testing of the functionality and performance of all Actors published in Apify Store. Failing the testing may lead to the consequences described in clause 10 below.
10. Faulty Actor
If your Actor does not provide the declared functionality (a “Faulty Actor”) we are authorized to mark that Faulty Actor as “under maintenance” in the Apify Store. If you do not update or make changes to the Faulty Actor to recover its functionality and the Actor remains a Faulty Actor for the period of 30 days or more, we are authorized to mark that Faulty Actor as “deprecated” and/or remove that Faulty Actor from the Apify Store. You will not be reimbursed for removing the Faulty Actor if the removal is made in accordance with this Apify Store Terms.
11. Notified issues with an Actor
11.1. The Platform users have the option to report an issue with a Public Actor. The issue is then notified by an email to the author of that Actor. Should you receive such a notification email about an issue with your Actor, you agree to address the issue by either fixing the issue, updating the Actor, its description or other information, or by responding to us with explanation as soon as possible, however no later than within 14 days. If you do not respond to the notified issue in accordance with this clause, your Actor may be treated as a Faulty Actor with the consequences as per clause 10 above.
11.2. In addition to responding according to clause 11.1 above, you agree to respond to us, should we contact you regarding your Actor via email marked “urgent” in its subject, within three business days.
12. Pricing options
When you decide to set your Actor as paid, you may choose one of the two following options for setting its price:
12.1. Monthly Rental which means that each user of your Actor will pay a flat monthly rental fee for any their use of that Actor. You will set the price as X USD per month; or
12.2. Price per Result model which means that each user of your Actor will pay a fee calculated according to the number of results for each run of that Actor; You will set the price as X USD per 1,000 results. In this model the users do not pay for the Platform usage.
13. Payments to you
13.1. If you set your Actor as paid, you will be entitled to receive remuneration calculated as follows:
13.1.1 80% of the aggregate of the monthly rental fees paid by the users of the Actor; or
13.1.2 80% of the aggregate of Price per Result fees paid by the users of the Actor, further reduced by the cost of Platform usage.
You acknowledge that the remaining portion of the users' fees paid for the Actor shall belong to us.
Example: You set the price for your paid Actor under Price per Result model as USD 5 per 1,000 results. The Actor has one paying user who runs it once and gets 1,000 results. The Platform usage costs of the Actor run are USD 0.5 You will be entitled to remuneration of USD 3.5 (i.e. (80% of 5) - 0.5).
13.2. You are responsible for filling in your correct payment details in your user account and keeping them up-to-date to enable us to make the payments to you.
13.3. Your entitlement to remuneration for the Actor will cease for the time that the Actor will be a Faulty Actor. If the Faulty Actor will be repaired or updated by you and becomes operating in the desired manner again, your entitlement to remuneration in relation to the Actor will resume again. As a result you will receive the portion of the monthly rental fees corresponding to the portion of the month for which the Actor was not a Faulty Actor.
13.4. We shall pay you the remuneration monthly. The minimum amount payable is USD 20 for PayPal and USD 100 for any other payout option. Remuneration in any given month lower than 20 or 100 USD (respectively) will be rolled over to the following month.