Terms of Searchanise Service
Terms of Searchanise Service
If you have decided to use the Searchanise service, you must read and understand these terms of provision of the Searchanise service (hereinafter referred to as the “Terms”).
By using the Searchanise service you confirm that you agree to the Terms. If you do not wish to be bound by the Terms, you must not use the Searchanise service.
Any case of use of the Searchanise service falls within these Terms. Any use of the Searchanise service contradicting the Terms is forbidden. If the legislation of your country provides for another order of use of similar services, you have the right to use the Searchanise service only in the manners and within the limits expressly defined in these Terms.
1. Terms and Definitions
All terms given shall have the following meaning for these Terms only, and shall not be construed to suggest otherwise when used in respect of these Terms.
Company means Simbirsk Technologies Ltd. which provides the Searchanise service.
Searchanise means the service and the software included in it, which exclusive licenses are owned by the Company, and allows to set up a quick personalized product search in the Online store.
Online Store means your Website.
Connector add-on means the additional module to your Online store designed for operation of Searchanise.
Website of the Company means the Website of the Company on the Internet available at http://www.searchanise.com.
Confidential Information means the contents of Searchanise (source code) as well as other information about the Searchanise service.
2. Searchanise provision conditions
To use Searchanise, you must be aged 18 or older. You need to download and configure the Connector add-on and fill in the registration form given by the Company.
You fill in the registration form where you provide truthful, accurate and complete personal information required by the Company. You guarantee that the information you provided is trustworthy. If you change your registration information, you shall update the information timely and keep it current.
You are informed that to ensure its operation, Searchanise receives data from the Online store about products and other objects, which data is involved in the searching mechanism, and you agree to this.
The Company reserves the right to reject the registration and use of Searchanise if you have provided untrustworthy personal information as well as for any other reason that the Company may deem well-grounded for the rejection.
3. Types of Searchanise Subscriptions
You may use a paid or a free version of Searchanise. Conditions for the provision of a paid and a free version of Searchanise are given on the Website of the Company.
4. Rights of Company
The Company reserves the right to reject the provision of Searchanise to any person for any reason at any time.
The Company has the right to use the information received from you to improve Searchanise, which includes informing you of the introduced improvements and updates.
The Company owns all the data created by Searchanise during its operation.
5. Limitations of Use of Searchanise
You are not allowed to use Searchanise for any illegal or unauthorized purposes with breaking the laws of your jurisdiction.
You have no right to:
- break, decompile, disassemble or in any other way try to get the source code, object code or base structures, ideas or algorithms of work of Searchanise or any other software, documentation or data related to Searchanise or other associated products of the Company;
- extract, excerpt or use any part of Searchanise to create any Searchanise-based derivatives as well as provide such possibility to a third party;
- sell, transfer, obligate, license, sublicense, rent, lease, give for temporary use, yield or convey (by selling, exchanging, giving as a gift, by law, or in any other way) Searchanise, partially or in full, to a third party without a prior written consent of the Company;
- remove, hide, modify or make barely visible any copyright, trademark or other proprietary notices contained within any part of Searchanise without a prior written consent of the Company;
- claim that you possess any rights, including the exclusive right to Searchanise, any patents, trademarks or design elements related to Searchanise;
- prevent the Company from obtaining information about the usage of Searchanise.
You are fully liable for the content of your Online Store as well as for the breach or damage that may be caused by the content of your Online Store.
You assume all the risks related to the performance and the usage of Searchanise, including the risk of not getting the expected profit, the risk of a software failure after Searchanise is installed, etc.
You agree to indemnify for the damage and save the Company and the staff from any claims and costs, including legal costs arising out of the use of Searchanise by you as well as the costs arising out of the breach of these Terms.
In the event the law of your country concedes no limitation of liability, or the liability of the Company is recognized by the competent court, the Company will be liable only for actual damage incurred from using Searchanise if the damage is caused by a tort of the Company, or if the damage is caused by the reasons that the Company knew or should have known. At that the maximum amount of liability of the Company is limited to USD 10 or to the amount paid by you to the Company for providing the Searchanise services in the preceding month.
7. Intellectual Property
Any contents as well as any information related to Searchanise including, but not limited to the source code, software, design, graphics, logos, trademarks are the property of the Company.
The use of Searchanise does not grant you any rights or licenses to reproduce or otherwise use the trademarks of the Company.
You acknowledge that any unauthorized use of intellectual property rights is a breach of these Terms and rights of the Company as well as a violation of the intellectual property, copyright and trademark law. You are fully liable for the breach of the rights mentioned above.
8. Limitation of Liability and Warranties
Searchanise is provided “AS IS” without any warranties and with all possible malfunction. The Company does not guarantee that Searchanise will be provided with no interruption and errors.
Under no circumstances the Company guarantees error-free and uninterrupted performance of Searchanise and that Searchanise will sufficiently meet your requirements as well as the Company disclaims any other warranties to the extent to which it is permitted by the effective law.
Under no circumstances the Company is liable to you for any damages (including, but not limited to, any loss of profits and confidential or other information, the damages caused by an interruption of the business, loss of revenue, turnover, business reputation or data, neglected business opportunities, any indirect, incidental, special, punitive or consequential damages) including your loss or damage caused by the use of or impossibility to use Searchanise.
The warranties that are specified in this section of the Terms apply to Searchanise and all the associated projects and services of the Company.
These Terms may be changed by the Company unilaterally. The text of the made changes is published on the Website of the Company. The changes specified in these Terms shall come into force on the date of publishing the notice on the Website of the Company unless otherwise stated in the appropriate posting. Any change and addition to these Terms is mandatory for acceptance and satisfaction by you at the further use of Searchanise. If you continue using Searchanise, you automatically agree to all the changes made to these Terms.
The Company is not liable to you or any third party for any change, interruption and termination of the provision of Searchanise.
10. Termination of Searchanise
You can cancel the subscription to Searchanise at any time, preliminarily paying all your debts to the Company.
If you discontinue to use Searchanise, you must delete the Connector add-on.
The Company can terminate the provision of Searchanise at any time for any reason without the prior notification.
With no restriction to use any other legal remedies the Company can terminate the provision of Searchanise if the Company possesses the information that you are doing or have done illegal activities with the use of Searchanise.
11. Arbitration Clause
You acknowledge that the Company may suffer irreparable damage if you break these Terms, therefore you agree that the Company has the right to use any form of protecting the violated rights and legitimate interests, including the direct appeal to the appropriate court without a necessity to comply with the claim settlement procedure.
Any dispute and controversy arising out of these Terms or in connection with Searchanise shall be referred to and finally resolved by the Ulyanovsk Regional Court of Arbitration (Ulyanovsk, Russian Federation), or the appropriate court of common law on the territory of the Russian Federation (the competent court) at the location of the Company. In case if you is a legal entity or individual entrepreneur registered outside the Russian Federation, any dispute arising out or in connection with this Agreement, including any question regarding its interpretation, execution, termination or validity shall be finally settled by arbitration under the Rules of the International Commercial Arbitration Court at the Chamber of Commerce and Industry of the Russian Federation (hereinafter referred to as the “Rules”, http://mkas.tpprf.ru/ru/reglamentmkas.php), which Rules are deemed to be incorporated by reference into this section. The arbitration panel shall consist of one (1) arbitrator selected in accordance with the Rules. The language to be used in the arbitral proceeding shall be Russian. The governing law of the Agreement shall be the substantive law of Russian Federation. The arbitration shall be held in Moscow, Russian Federation. The injunctive relief for the subject of dispute may be only suspension of recovery on the basis of the enforced document questioned by the plaintiff or any other document under which penalties are recovered on non-acceptable basis. The plaintiff shall bear its own and the other Party’s costs associated with the resolution or arbitration of any dispute, and all fees and other costs of the arbitration proceeding shall be paid by the plaintiff. The award rendered by the arbitration shall be final and binding upon both Parties and judgment upon the award may be entered in any court having jurisdiction thereof.
These Terms comply with the effective law of the Russian Federation and international agreements in the sphere of intellectual property. These Terms and any relationships arising out or in connection with these Terms shall be governed by and interpreted according to the substantive and the adjective law of the Russian Federation.
If any provision of these Terms for any reason becomes unenforceable, or is voided, or is deemed to be invalid by the decision of the competent court, then it is regarded as an omission from the text of these Terms, which, however, shall by no means affect the legitimacy and validity of the other provisions of the Terms.
If you have any questions, comments or remarks, please contact us by the email address firstname.lastname@example.org.