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Terms of Use


Kapturall Solutions, S.L. (hereinafter referred to interchangeably as “Kapturall,” “we,” “us,” or “our”), possessing the Spanish Tax Identification No. (NIF) B95733358, and having its registered address at C/ Marqués de Zuya, 32, 48993, Getxo, Vizcaya, Spain, is registered in the Bizkaia Mercantile Register under Volume 5393, Page 188, Entry 1, on Sheet BI-62824. Kapturall is the proprietor of the website,, which is accessible via the URL: (hereinafter referred to as the “Platform” or “”, used interchangeably)
As we can accept an order made through this Platform automatically and make a legally enforceable agreement without further reference to you, please read these Terms of Use carefully before you order the Services from us. These terms tell you who we are, how we will provide any Services to you, how you and we may change or end the contract, what to do if there is a problem and other important information.

1. Introduction
1.1. We are “” and/or “Kapturall Solutions S.L” (hereinafter referred to as “Kapturall”, “we”, “us” or “our”) and we welcome you (hereinafter referred to as “you”, “Customer” or the “User”) to our website (hereinafter referred to as the “Platform“)
1.2. These Terms of Use shall govern your access to the Platform, its use, and use of the Platform and the Services (as defined in Paragraph 2.1 below). By accessing the Platform or using our Services, you agree to adhere to these Terms of Use. If you do not agree to the Terms of Use, you are not allowed to use the Platform or any of our Services. Each time you use the Platform or our Services, the current version of these Terms of Use will apply.
1.3. If you separately enter into a services agreement (“Services Agreement”) with us for the supply of our Services, these Terms of Use shall also apply. However, to the extent that there is any conflict between these Terms of Use and the Services Agreement, the relevant terms of the Services Agreement shall prevail.
1.4. This Platform is for use by businesses and not consumers as defined in Art.17 of the Consumer Rights Directive. We do not therefore accept any liability for any losses which would be suffered by a consumer because we believe you are purchasing the Services wholly or mainly for your business, trade, craft or profession.

2. Definitions
2.1. “Self Service Flow Step” (hereinafter referred to as “SSFS”) is a framework and set of features for authoring, publishing, and integrating web services into Adobe Marketo Engage Smart Campaigns. SSFSs allow an integrator to deploy a web API that can be used as a Flow Step in Marketo Smart Campaigns. A Flow Step Service can receive a person and other related data, do any necessary processing, including invocation of other web services, and subsequently write person/lead and activity data into Marketo through a callback.
2.2. “Confidential Information” means all information disclosed by the Disclosing Party to the Receiving Party, regardless of the form of disclosure, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure.
2.3. “Personal Data” means any information relating to an identified or identifiable natural person (‘data subject’). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
2.4. “Third-Party API” means application programming interface (API), or a set of rules and protocols for building and interacting with software applications, provided by a third party – a company or entity other than Kapturall.

3. Our Services
3.1. The Platform is a computer system operated by us, accessible remotely through servers located within the domain. Among other functionalities, the Platform enables users to:
3.1.1. Create a User Account, make orders, add and modify account details and define payment methods.
3.1.2. Install in their Adobe’s Marketo Engage instance Self Service Flow Steps pre-built by Kapturall. Self Service Flow Steps in Marketo offer enhanced flexibility by enabling the addition of custom actions to the existing repertoire of predefined flow actions. This expansion allows for the integration of a wide range of specific actions tailored to individual campaign needs. Kapturall offer several pre-built SSFSs. To name a few: Email Validation: it allows the User to connect through to a third-party validation service like ZeroBounce ( to validate emails contained in the User’s Marketo database. Calculate Formula: it offers the User to perform “Microsoft-Excel-like” calculations providing values contained in the User’s Marketo database, and return the result back to Marketo. Query MySQL: it allows the User to perform a query in an external MySQL database using as parameters values contained in the User’s Marketo database, and return the result back to Marketo OpenAI: it allows the User to send a Prompt to the OpenAI API using as parameters values contained in the User’s Marketo database, and return the result back to Marketo LinkedIn Enrichment: it allows the User to request a person’s LinkedIn profile information using a service like Reverse Contact ( using as parameters the email address contained in the User’s Marketo database, and return the result back to Marketo
3.1.3. Buy usage credits or subscriptions online and see how many credits the User have available and how many have been used.
3.1.4. See reports on which Self Service Flow Step the User has consumed over a defined period of time.
3.1.5. Assist users with respect to the use of the Platform;
3.1.6. Some functions of the Platform as well as some other Services might be used free of charge upon registration on the Platform (i.e. upon clicking “Sign up”). Use of other functions of the Platform and Services is only available following payment for a subscription or credits managed in accordance with these Terms of Use.

4. License
4.1. In order to use the Platform or Services provided by us, we grant you a worldwide, non-transferable, non-assignable, non-sublicensable, non-exclusive license to use the Platform and associated Services, subject to these Terms of Use. Within the scope of the license, you may use the Platform in its unchanged form (excluding the amendments, modifications, and updates of the Platform performed by us) for the purpose for which the Platform has been designed and, in the manner, and within the scope of these Terms of Use. We shall grant you the license exclusively for the use of the Platform and the Services on our servers, or the servers maintained by us or designed for such purpose (e.g. Azure or Stripe).
4.2. You are not permitted to modify, adjust, reverse engineer the Platform (or any parts of it whatsoever) or its name with any other copyrighted work or use it in a compilation work. Your right to use the Platform within the scope of its common functionality shall not be affected. Furthermore, you may not create any reproductions of the Platform (or any parts of it whatsoever), or of our software or its applications in any form, or disseminate the same except such parts of them that are open-source in accordance with the terms of such open source license.

5. Registration and User Account
5.1. In order to use our Service you will be required to sign up for a user account on the Platform.
5.2. By clicking the button “Sign up” during registration on our Platform, you represent that you are over 18 years old and agree to the terms of our Privacy and Cookies Policy and these Terms of Use. If you are acting on behalf of a company when accepting these Terms and the Privacy Policy, you also hereby declare to be authorized to perform such legal actions on behalf of that company (herein the term “you” shall mean the relevant company).
5.3. Upon registration on the Platform, a user account shall be created for you with the e-mail address you used to register. During the registration process as well as at any later time you use the account and/or communicate with us, you are obliged to provide us with accurate and true data. Should any of the identification information be amended in the future, your obligation is to update such information in the Platform or in your user account without undue delay. In particular, we will send any relevant notices to you at the e-mail address attached to that account and that shall constitute valid notice. If the e-mail address is incorrect or not suitable it is up to you to update the e-mail address.
5.4. You shall:
5.4.1. protect the login details of your account and prevent any third parties from using your account.
5.4.2. notify us immediately of any unauthorized use of any password, API Key or account or any other known or suspected breach of security;
5.4.3. not create (either directly or by means of a third party) multiple user accounts for the purpose of avoiding or bypassing account limitations on the Platform;
5.4.4. report to us immediately and use reasonable efforts to stop immediately any copying or distribution of content or infringement of our Platform, Configuration and/or Services that is known or suspected by you; and
5.4.5. under no circumstances impersonate or attempt to impersonate another user or provide false identity information to gain access to or use the Platform, Configuration or Services.
5.5. We shall not be liable for any misuse of your account due to your breach or negligent performance of the aforementioned obligations detailed in Paragraph 5.4. Moreover, we shall be authorized to block your account or delete it completely including all the data provided therein without any further liability to you.

6. Basis of Contract
6.1. The description of the Services on our Platform does not constitute a contractual offer to sell the Services. When an order has been submitted on the Platform, we can reject it for any reason, although we will try to tell you the reason without delay.
6.2. The order process is set out on the Platform. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.
6.3. A contract will be formed for the sale of Services ordered when you click the “Sign up” button (“Contract”) and we confirm acceptance by sending you an e-mail confirming the Contract (“Order Confirmation”). By placing an order, you agree to us giving you confirmation of the Contract by means of an email with all information in it (i.e. the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Services supplied under the Contract.
6.4. If we are unable to accept your order, we will inform you of this as soon as possible. This may be because you have been a customer in the past and we have had to terminate your Subscription due to a breach of these Terms of Use, because a credit reference we have obtained for you does not meet our minimum requirements or because we have identified an error in the price or description of the Services(s).
6.5. No variation of the Contract, whether regarding the description of the Services, Subscription Fees or otherwise, can be made after it has been entered into unless the variation is agreed by us in writing and authorized by a member of our senior staff.

7. Intellectual Property Rights
7.1. You acknowledge that our Platform (and software and applications associated therewith) and Services provided by us are protected by copyright in accordance with international treaties in place around the world. All such rights are reserved. We alone shall own all right, title and interest, including all intellectual property rights to the Platform, Configuration and Services (or any outcome of such Services) within the maximum scope admissible by law (except for the rights that we exercise in compliance with a license granted to us by third parties). Furthermore, we shall own any suggestions, ideas, enhancement requests, feedback, recommendations or other information related to the Platform and other Services. You acknowledge that any use of the software, systems, and functionalities of third parties available on the Platform shall be governed by special license terms of owners of the relevant copyright or open-source licenses that you must adhere to (by using the relevant software, system or functionality, you confirm to have been familiarized and agree with the license terms of the relevant third parties). We disclaim all liability in full for any breach of such terms by you.
7.2. You agree that we may use your name, company name and logo as a reference in all types of promotion materials for marketing purposes free of charge. You may withdraw this permission by written communication at any time and without penalty.
7.3. Our status (and that of any identified contributors) as the authors of content on our Platform must always be acknowledged.
7.4. You must not use any part of the content on our site for commercial purposes without obtaining a license to do so from us or our licensors and/or our prior written agreement.

8. Acceptable Use
8.1. You may use the Platform and Services solely for the purposes of data extraction from publicly accessible pages or APIs on publicly accessible websites (including websites that may require the user’s login). The Platform or Services functionalities may be used solely on such publicly accessible websites or other sources where their use (including data extraction) is permitted implicitly or where you are authorized to do so. Should you instruct us to use the Platform or the Services on certain publicly accessible websites or other sources and to send you the extracted data subsequently, you hereby represent and warrant that use of the functionalities of the Platform and/or Services as well as the data extraction on such websites is expressly permitted or authorized to you. Should the extracted data be comprised of any sensitive data, confidential data or data protected by the copyright or by other intellectual property right or any third-party right, you must not breach such rights by using the Platform or the Service in any way. Should you breach this prohibition, or should you use the Platform or Service functionalities directly or by means of our company on websites or other sources that do not permit their use, you shall be fully liable for such a breach and solely responsible for compensation of any damages incurred by and/or any claims of the affected third parties. We shall not be liable for any breach of third-party rights with respect to the usage of the Platform or Services.
8.2. You may not take any actions which could lead to unauthorized use of the Platform or the Services. The actions you are not authorized to take include, but are not limited to, the circumvention, elimination or limitation of any mechanisms possibly serving to the protection of our rights or of any information with respect to the Platform (e.g. our trade marks or any other designation).
8.3. Provided that we mediate for the provision of services by any third parties, you are obliged to adhere to the terms of use of the respective providers.
8.4. Furthermore, during your use of the Platform (or any of its functionalities) and the Services you may not:
8.4.1. Use them in a manner likely to unreasonably limit usage by our other customers, including but not limited to burdening the server on which the Platform is located by automated requests outside the interface designed for such purpose;
8.4.2. Gather, save, enable the transmission to third parties or enable access to the content that is (themselves or their accessibility) contradictory to the generally binding legal regulations effective under applicable law where the Platform or Services are used or where detrimental consequences could arise by taking such actions, including but not limited to the content that: interferes with the copyright, with rights related to copyright or with other intellectual property rights and/or confidential or any sensitive information; breaches the applicable legal rules relevant to the protection from hatred for a nation, ethnic group, race, religion, class or another group of people or relevant to the limitation of rights and freedoms of its members or invasion of privacy, promotion of violence and animosity, gambling or the sales or usage of drugs; interferes with the rights to the protection of competition law.
8.4.3. Gather, save, enable the transmission to third parties or enable access to content that makes conspicuous resemblance to the Platform, Services or third- party applications for the purposes of confusing or deceiving Internet users (so- called phishing);
8.4.4. Gather, save, enable the transmission to third parties or enable access to the Platform that harm our good reputation or authorized interests (including hypertext links to the Platform that harm our good reputation or authorized interests)

9. Disclaimer
9.1. We are not obliged to verify the manner in which you or other Users use the Platform, Configuration or Services and we shall not be liable for the manner of such usage. We assume that you use the Platform and Services legally and ethically and that you have obtained permission, if necessary, to use it on the targeted data sources. We shall not be liable for the outcomes of activities for which you use our Platform, Configuration or Services. Provided that a third-party service or product is established on the Platform or on any of its functionalities, we shall not be liable for such a service or product, their functioning or manner and consequences of their usage.
9.2. We shall not be liable for any of your unlawful actions in connection to the usage of the Platform, Configuration or Services with respect to third parties (e.g. breach of intellectual property rights, rights to the name or company name, unfair competition, breach of terms of websites or applications and programmes of third parties).
9.3. We shall not be liable for any defects of the Platform, Platform (or its functionalities), Configuration or Services arising due to unauthorized interference with the Platform, Configuration or the use of Platform or Configuration contradictory hereto. We shall neither be liable for errors with respect to the function or non-function of the Configurations arising due to the changes of third-party websites (i.e. website from which the relevant Configuration is to extract data) upon the Configuration creation.
9.4. You acknowledge that the Platform and the Services may not be available constantly. We may perform their planned or unplanned downtime in order to perform the inspection, maintenance, update or replacement of hardware or software. Their availability may also be limited due to other reasons, including but not limited to, power cuts, data network loss, other failures caused by third parties or caused to the devices of third parties or due to force majeure events.

10. Mutual Indemnification
Customer will indemnify, defend and hold Kapturall, and each such Party’s Affiliates, officers, directors, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses arising out of or in connection with: (a) a claim by a third party alleging that Customer’s use of the Customer Data or violates any applicable law, or was unauthorized or that it exceeded the scope of the individual’s authorization by using the to validate such Customer Data, provided in any such case that Kapturall (i) promptly gives Customer written notice of the claim; (ii) gives Customer sole control of the defense and settlement of the claim; and (iii) provides Customer all available information and assistance. Kapturall will indemnify, defend and hold Customer and Customer Affiliates, officers, directors, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses arising out of or in connection with: (a) a claim by a third party alleging that directly infringes an Intellectual Property Right of a third party; provided that Customer (i) promptly gives written notice of the claim to Kapturall; (ii) gives Kapturall sole control of the defense and settlement of the claim; and (iii) provides Kapturall all available information and assistance.

11. Limitation of Liability
11.2. Each party acknowledges that the other party has agreed to these terms relying on the limitations of liability stated herein and that those limitations are an essential basis of the bargain between the parties.
11.3. Nothing in this Paragraph 11 is intended to exclude liability for any cause of action that cannot be excluded by applicable law.

12. Force Majeure
Without limiting the foregoing and except for payment obligations, neither party shall have any liability for any failure or delay resulting from any condition beyond the reasonable control of such party, including but not limited to governmental action or acts of terrorism, earthquake or other acts of God, labor conditions, and power failures SAVE THAT this Paragraph 12 shall not excuse any obligation by the User to make timely payment for any Services under any circumstances.

13. Confidentiality
13.1. During the term of your use of the Platform and for a period of two (2) years following the termination or expiration of your subscription, each party agrees not to disclose the confidential information of the other party to any third party without prior written consent except as provided herein. Confidential information shall include, but is not limited to:
13.1.1. subscription account data, user data, customer data, pricing information and User content;
13.1.2. any other Platform or Services information or access to technology prior to public disclosure provided by us to you and identified at the time of disclosure in writing as “confidential”; and
13.1.3. any other information which should be thought reasonably to be confidential by the receiving party.
13.2. Confidential information does not include information that:
13.2.1. has become publicly known through no breach by a party;
13.2.2. has been independently developed without access to the other party’s confidential information;
13.2.3. has been lawfully received from a third party; or
13.2.4. is required to be disclosed by law or by a governmental authority subject to Paragraph 13.3 below.
13.3. We may immediately suspend your use of the Platform and/or Services if we are contacted by your targeted data extraction source, website, service or repository and asked to cease all extraction activity. If such an event occurs, we will not disclose your information without a court order mandating us to do so unless we. in our best judgment, determine that there would be an adverse consequence if we do not. If, however, we receive a court order demanding the release of your information to a third party, we will comply. If such action becomes necessary, you agree to indemnify and hold us and (as applicable) our parent(s), subsidiaries, affiliates, officers, directors, agents, contractors and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party arising from any complaint, suit, disagreement or other repercussions resulting from your use of the Platform or Services.
13.4. In the event of a judicial dispute with a third party related to your actions, you are obliged to provide us with all necessary cooperation in order to resolve such a dispute successfully and you are also obliged to reimburse continuously any purposeful expenses arising to us due to such a dispute. With respect to this, should an obligation arise to reimburse any claim of a third party, you agree to indemnify us in respect of the full scope of the damages.

14. Charges and Payment of Fees
14.1. Payment fees. Unless other payment fees are agreed upon by the Parties, Customer is responsible for payment of all fees and charges in accordance with the pricing terms shown on
14.2. Payment terms. Unless other payment fees are agreed upon by the Parties, Kapturall may change the fees for at any time and from time to time, effective immediately upon Customer’s receipt of notice of such fee change; provided, that, such fee changes will only be effective as to usage of t that occurs after the effective date of the relevant fee change. Unless otherwise stated, all fees are stated in Euros. Customer will pay Kapturall in advance for use of, by purchasing credits, unless other terms are agreed upon by the Parties. All sales/prepayments for credits made to Kapturall are final and non-refundable. Where credits are issued to Customer and not prepaid by Customer in advance, if payment is not made within thirty (30) days following issuance of the credits:
14.2.1. any unused credits will be deactivated until payment is received, and
14.2.2. interest will accrue on the owed payment on a monthly basis at the lesser of 1.5% per month, or the maximum allowable interest rate.
14.3. By providing any credit card information, Customer represents that it is authorized to use the card and authorizes Kapturall to charge the card for any fees. By submitting payment information, Customer authorizes Kapturall to provide that information to third parties for purposes of facilitating payment for Customer agrees to verify any information requested by Kapturall for purposes of acknowledging or completing any payment. All credit/charge card payments are subject to authorization by the card issuer. If Customer’s payment is not authorized, Kapturall will cancel the order (and notify you that we have done so). With the exception of special offers, access to, or certain tools within, will only be made available to Customer upon its purchase of credits.

15. Term, Termination and Variation
15.1. Unless mutually agreed otherwise in writing, the Contract between us shall be for an indefinite period of time. Either we or you may terminate any such agreement for convenience on thirty (30) days’ notice by canceling your user account on the Platform (user account may be canceled in the account settings).
15.2. We may terminate the Contract with immediate effect if:
15.2.1. You are delayed in payment of any amounts due to us under the Contract for more than thirty (30) days; or
15.2.2. You breach these Terms of Use in any way whatsoever (including, but not limited to, infringement of our intellectual property, the terms of the license or acceptable use).
15.3. When terminating the Contract or revoking your User account, we may eliminate any data associated with such User account.
15.4. Termination shall be without prejudice to our accrued rights or your obligations post-termination.

16. Links and third party sites
Kapturall may not, under any circumstances, be held responsible for the technical availability of Internet sites or mobile applications operated by third parties (including its possible partners) to which the User may have access through the Platform. Kapturall assumes no responsibility for the content, advertising, products and/or services available on such third-party sites and mobile applications, which are governed by their own conditions of use. Nor is Kapturall responsible for transactions between the User and any advertiser, professional or merchant (including any of its partners) to which the User may be directed via the Platform, and Kapturall shall in no way be a party to any disputes whatsoever with these third parties concerning, in particular, the delivery of products and/or services, guarantees, declarations and any other obligations whatsoever to which these third parties are bound.

17. Updates to the Platform and/or Services or Terms of Use
17.1. If necessary (including but not limited to the market development, development of the Platform and related technologies and with respect to new risks associated with the Platform and the safety of its use), we may unilaterally amend the version hereof without notice to you, provided that such amendment does not materially adversely affect the features of your Subscription.
17.2. We reserve the right, at our sole discretion, to modify or replace these Terms of Use 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.
17.3. We may make amendments to the Platform and or/Services or to the Terms of Use which do materially adversely affect the features of your Subscription on giving you thirty (30) days’ notice (“Amendment Notice Period”) in advance prior to its effectiveness by displaying the notification in your user account or otherwise on the Platform. Should you disagree with such an amendment, you may terminate the Contract within the Amendment Notice Period, effective on its expiry by canceling your User account (cancellation may be performed in your account settings). In the event that you terminate the Contract, you shall not be entitled to a refund of any Subscription Fees already paid but you shall be released from any further liability to pay such Subscription Fees from the expiry of the Amendment Notice Period. Should you fail to cancel your User account before the expiry of the Amendment Notice Period, you shall be deemed to accept such amendment which shall forthwith be incorporated into the terms of the Contract.

18. Privacy
18.1. We respect your privacy and comply with Data Protection Laws with regard to your personal information.
18.2. These Terms and Conditions should be read alongside, and are in addition to our policies, including our Privacy and Cookies Policy.
18.3. For the purposes of these Terms of Use:
18.3.1. ‘Data Protection Laws’ means any applicable law relating to the processing of personal information, including, but not limited to the GDPR.
18.3.2. ‘GDPR’ means the General Data Protection Regulation (EU) 2016/679.
18.3.3. ‘Data Controller’ and ‘Processing’ shall have the same meaning as in the GDPR.
18.4. Some of our Services facilitate the scraping of publicly available information by you. Some of that information may include personal information. We are neither a Data Controller nor a Processor of such personal information. You are solely responsible for compliance with the Data Protection Laws in regard to any personal information that you scrape and indemnify for us for all and any losses that we suffer as a result of any breaches of the Data protection Laws by you in accordance with Paragraph 10.
18.5. Where you supply personal information to us so we can provide Services to you, and we Process that personal information in the course of providing the Services to you, we will comply with our obligations imposed by the Data Protection Laws:
18.5.1. before or at the time of collecting personal information, we will identify the purposes for which information is being collected;
18.5.2. we will only Process personal information for the purposes identified;
18.5.3. we will respect your rights in relation to your personal information;
18.5.4. we will implement technical and organizational measures to ensure your personal information is secure; and
18.5.5. we will not store any personal information sent by you to us in our servers.
18.6. For any enquiries or complaints regarding data privacy, please contact us at

19. Final Provisions
19.1. These Terms and any other contracts and legal relationships concluded by and between us (unless otherwise explicitly provided) shall be governed by Spanish legislation. Any disputes arising here from between us shall be resolved by the courts of Madrid, Spain. Notwithstanding anything to the contrary set out in this Paragraph 19.1, the User agrees that we shall have the right to pursue any remedies available at law or equity, under these Terms of Use, any Contract or otherwise, in any convenient forum under the laws prevailing in that territory, arising from the User’s acts or omissions.
19.2. Where we enter into a Contract with you and there is a conflict between any provision of the Contract and these Terms of Use, the specific provision in the Contract shall prevail.
19.3. In the event of a translation of these terms and conditions into one or more languages, the language of interpretation shall be Spanish in the event of a contradiction or dispute as to the meaning of a term or provision.
19.4. Should any of the provisions hereof be ascertained as invalid, ineffective or unenforceable, upon mutual agreement such a provision shall be replaced by a provision whose sense and purpose comes as closely as possible to the original provision. The invalidity, ineffectiveness or unenforceability of one provision shall not affect the validity and effectiveness of the remaining provisions hereof.
19.5. If you have any questions regarding the Terms of Use or this License Agreement, please contact us through

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