Terms of Service

1. Definitions

• Service — the Then Apply software-as-a-service platform operated at thenapply.dev, including the Web to Markdown API, its endpoints, documentation, dashboards, and any successor or additional product the Provider makes available under the Then Apply brand.
• Customer — the natural or legal person that subscribes to a plan, is issued an API Key, or otherwise uses the Service. Where the Customer is an organization, the individual accepting these Terms warrants that they are authorized to bind that organization.
• API Key — the secret credential issued to a Customer that authenticates requests to the Service and identifies the plan and quota attached to them.
• Content — any input the Customer submits to the Service (URLs, raw HTML, parameters) and any output the Service returns in response (Markdown, metadata, error payloads).
• Plan — the tier of the Service the Customer has subscribed to, which determines the applicable request quota and features.

2. Licence granted to the Customer

Subject to the Customer's continued compliance with these Terms and payment of the applicable fees, the Provider grants the Customer a non-exclusive, non-transferable, non-sublicensable, revocable and limited right to access and use the Service, solely through the Customer's own API Key and solely within the quota of the Customer's Plan, for the Customer's internal business purposes or for incorporation into the Customer's own end products.

This is a licence to use the Service, not a sale of it. No rights are granted other than those expressly stated here.

2.1. Prohibited uses

The Customer shall not, and shall not permit any third party to:

(a) Resell or wrap the Service. Resell, sublicense, rent, lease, or otherwise make the Service available to third parties as a standalone offering, nor wrap the Service — with or without a thin layer of the Customer's own code — in a product that competes with the Service or that substantially reproduces its functionality. Incorporating the Service as a component of a broader product that provides substantial independent value is permitted; re-exposing the API, in whole or in substance, is not.

(b) Reverse engineer the Service. Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, underlying algorithms, model prompts, or internal architecture of the Service, except to the extent such restriction is expressly prohibited by applicable mandatory law.

(c) Share the API Key. Disclose, publish, transfer, or share an API Key with any third party, or use a single API Key across unrelated organizations. The Customer is solely responsible for keeping the API Key confidential and for all activity carried out with it, whether authorized by the Customer or not.

(d) Exceed the contracted quota. Attempt to circumvent, evade, or defeat rate limiting, quota enforcement, authentication, or any other technical control of the Service — including by rotating keys, distributing traffic across multiple accounts, or any equivalent technique — in order to obtain service beyond the Plan the Customer has paid for.

The Customer shall further not use the Service to fetch, process, or redistribute content the Customer is not authorized to access, nor in any manner that abuses, degrades, or endangers the Service or the third-party sites it fetches from.

3. API Keys

API Keys are displayed in plain text once only, at the moment of issuance. The Provider stores only a cryptographic hash of the Key and is therefore technically unable to recover a lost Key; a lost Key must be revoked and replaced. The Customer must notify the Provider without undue delay if an API Key is or may be compromised.

4. Plans, billing, and Merchant of Record

Subscriptions and payments are processed entirely by Polar.sh, which acts as Merchant of Record for all purchases made through the Service. Polar processes payment, issues invoices and receipts, and is the counterparty to the sale transaction itself. The Provider never receives or stores card details. Billing enquiries, refunds, invoice corrections, and subscription changes are handled through Polar's checkout and customer portal, or via the support contacts in section 11.

When Polar confirms a subscription or purchase, the Service automatically issues an API Key (for new Customers) or updates the Plan attached to an existing Key. Delivery of the Key by email may take a short time after checkout and is not always instantaneous.

5. Content and intellectual property

5.1. Ownership of the Service

The Service, its source code, its underlying software, its documentation, its visual design, and the Then Apply and Web to Markdown names and marks are and remain the exclusive property of the Provider, Carlos Fuentes Navarro. All rights not expressly granted in section 2 are reserved. Nothing in these Terms transfers, assigns, or grants any ownership interest in the Service or in any intellectual property right of the Provider to the Customer.

Where components of the Service are distributed separately under an open source licence (for example, the web-to-markdown npm package), that licence governs those components in their distributed form. It does not grant any right over the hosted Service, its infrastructure, or the marks.

5.2. Ownership of Content

As between the parties, the Customer retains all rights in the input it submits and in the output the Service returns to it. The Provider claims no ownership over Customer Content and uses it only to the extent necessary to operate the Service and to comply with the law. The Customer warrants that it holds the rights necessary to submit its input and that doing so does not infringe the rights of any third party.

6. Suspension and termination

The Provider may suspend or revoke any API Key with immediate effect where the Customer breaches these Terms — in particular section 2.1 — or where the Customer's use abuses, degrades, or endangers the Service, its infrastructure, or third-party sites. Where circumstances reasonably permit, the Provider will give prior notice and an opportunity to cure; where the breach is serious or ongoing, it may act first and notify afterwards.

Termination for breach does not entitle the Customer to a refund of any period already invoiced. The Customer may cancel a subscription at any time through Polar; cancellation takes effect at the end of the current billing period, and access continues until then. Sections 5, 7, 8, 9 and 10 survive termination.

7. Availability

Nothing in this section excludes or limits any right or remedy that applicable mandatory law grants to consumers, including any statutory right to have the Service supplied and kept in conformity with the contract.

The Provider will use reasonable efforts to keep the Service available and functioning as described in its public documentation. The Provider does not currently publish a Service Level Agreement: availability is offered on a best-effort basis, with no committed uptime, no committed response time, and no service credits. Should the Provider publish an SLA, that document will govern availability from its stated effective date and will prevail over this section to the extent of any conflict.

The Service may be temporarily unavailable for maintenance, for the correction of faults, or because of failures in the third-party infrastructure on which it depends. Where an interruption is planned and advance notice is reasonably practicable, the Provider will give it.

The Provider does not warrant that the Service will be uninterrupted or error-free, nor that Markdown output will be accurate or complete for every page converted: conversion quality depends on the structure of the source page being fetched, which the Provider does not control. This describes what the Service does; it is not a waiver of the Provider's obligation to supply it.

Where the Customer is a consumer within the meaning of Spanish or European Union law, unavailability that amounts to non-conformity of the Service gives rise to the statutory remedies preserved in section 9.1, whatever this section says.

8. Warranties and disclaimers

Nothing in these Terms excludes or limits any warranty, right, or remedy that cannot lawfully be excluded or limited, including the statutory rights of consumers under Spanish and European Union law and, in particular, the right to receive a digital service that conforms to the contract.

8.1. What the Provider warrants

The Provider warrants that it will supply the Service with reasonable skill and care, and that the Service will perform substantially as described in its then-current public documentation.

8.2. What the Provider does not warrant

Subject to section 8.1 and section 8.3, and to the fullest extent permitted by applicable law, the Service is provided without further warranties, whether express or implied, including warranties of merchantability, fitness for a particular purpose, accuracy, and non-infringement.

Where the Customer does not act as a consumer within the meaning of Spanish or European Union law, this exclusion extends to warranties implied by statute, to the fullest extent applicable law allows.

8.3. Consumers

Where the Customer is a consumer within the meaning of Spanish or European Union law, nothing in this section excludes or limits the conformity requirements that applicable law imposes on digital services, or any remedy available for non-conformity. The Provider does not disclaim statutory warranties towards consumers.

9. Limitation of liability

Nothing in these Terms excludes or limits any liability, right, or remedy that cannot lawfully be excluded or limited under applicable law. In particular, nothing in this section affects the mandatory rights and remedies available to consumers under Spanish or European Union consumer protection law, or the Provider's obligations under data protection law. Where any part of this section is held unenforceable, the remainder continues to apply.

Subject to that, the Provider's liability in connection with the Service is limited as set out below.

9.1. Losses excluded

To the fullest extent permitted by applicable law, the Provider shall not be liable for indirect, incidental, special, consequential, or punitive damages, nor for loss of profits, revenue, data, business, goodwill, or other similar economic loss, arising out of or in connection with the Service, even if the Provider has been advised of the possibility of such loss.

Where the Customer is a consumer within the meaning of Spanish or European Union law, this exclusion applies only to the extent permitted by applicable mandatory law, and in any event does not exclude or limit:

• liability for direct loss caused by the Provider's failure to perform, or defective performance of, its obligations under these Terms; or
• any statutory right or remedy the consumer has in respect of non-conformity of the Service, including any right to have the Service brought into conformity, to a reduction in price, to terminate the contract, or to a refund.

9.2. Third-party services and content

The Service converts content that the Customer directs it to fetch or that the Customer submits directly. The Provider does not select, control, verify, or endorse that content, and shall not be liable for it, nor for the Customer's lack of authorization to access or process it.

As stated in section 4, Polar.sh acts as Merchant of Record and is the counterparty to the sale transaction itself; billing, invoicing, and refund processing are therefore governed by Polar's own terms.

The Provider shall not be liable for the acts or omissions of independent third-party providers on which the Service depends. This does not limit the Provider's liability where the loss results from the Provider's own breach of these Terms, from its own negligence in selecting or operating those providers, or from any obligation the Provider owes under data protection law in respect of processors acting on its behalf.

9.3. Aggregate cap — Customers acting as a business

Where the Customer does not act as a consumer within the meaning of Spanish or European Union law, the Provider's aggregate liability arising out of or in connection with these Terms or the Service shall not exceed the total amount actually paid by the Customer for the Service during the twelve (12) months immediately preceding the event giving rise to the claim.

9.4. Customers who are consumers

Where the Customer is a consumer within the meaning of Spanish or European Union law, the cap in section 9.3 does not apply. The Provider's liability towards a consumer is instead determined by applicable law, limited — to the extent that law permits — to loss that was foreseeable at the time the contract was entered into and that is a direct consequence of the Provider's breach.

No provision of these Terms shall be interpreted as reducing the Provider's liability towards a consumer below the level required by applicable mandatory law, and this applies equally whether or not the consumer pays for the Service.

9.5. Liability that is never excluded or limited

Nothing in these Terms excludes or limits the Provider's liability for:

• wilful misconduct or gross negligence;
• death or personal injury;
• fraud or fraudulent misrepresentation;
• damage caused by infringement of data protection law, including any right to compensation under the General Data Protection Regulation;
• any statutory remedy for non-conformity owed to a consumer, including any refund due by law; or
• any other liability that applicable mandatory law does not permit the Provider to exclude or limit.

10. Governing law and jurisdiction

These Terms are governed by the laws of Spain, excluding its conflict of law rules and the United Nations Convention on Contracts for the International Sale of Goods.

Where the Customer acts as a business, the parties submit to the exclusive jurisdiction of the courts of Spain. Where the Customer is a consumer within the meaning of Spanish or European Union law, this clause does not deprive the Customer of the protection of the mandatory provisions of the law of their country of residence, nor of the right to bring proceedings before the courts competent under those provisions.

11. Changes to these Terms

The Provider may update these Terms. For material changes — those that meaningfully reduce the Customer's rights or increase its obligations — the Provider will notify active Customers by email at least thirty (30) days before the change takes effect. A Customer who does not accept a material change may cancel their subscription before the effective date; continued use of the Service after that date constitutes acceptance.

Non-material changes (clarifications, corrections, updated contact details) take effect on publication, with the date at the top of this document updated accordingly.

12. Contact

• Account and billing: [email protected] (temporary address while a dedicated support inbox is set up)
• Bugs and technical issues: https://github.com/Karlangas12/web-to-markdown/issues