Terms of Searchanise Service

This terms of Services (hereinafter referred to as the "Agreement") constitutes a contract between Bolide Network LLC, San Diego CA, USA (hereinafter referred to as the "Company") and you (hereinafter referred to as the "User"), hereinafter jointly referred to as the "Parties".

By using the Searchanise service, you confirm that you agree to the Agreement. If you do not wish to be bound by the Agreement, you must not use the Searchanise service.

Any case of use of the Searchanise service falls within these Agreement. Any use of the Searchanise service contradicting the Agreement 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 Agreement.

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 Bolide Network LLC, San Diego CA, USA who 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 the operation of Searchanise.

Website of the Company means the Website of the Company on the Internet available at https://searchanise.io/.

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 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 the 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 guarantee that you will use Searchanise strictly according to the Company's privacy policy available at the Website of the Company, according to these Terms and all applicable laws and rules.

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.

6. Liability

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.

Upon commencement of the use of the Searchanise services, the User grants to the Company a non-exclusive, non-transferable, non-sublicensable and royalty-free license to use and reproduce by the Company the name, logo, Domain Name and trademark of the User on the Company's Official Website, in advertising campaigns and public conferences, without requiring written consent.

8. Limitation of Liability and Warranties

Searchanise services 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.

9. Alteration

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 using Searchanise, you must delete the Connector add-on.

The Company can terminate the provision of Searchanise at any time for any reason without 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.

You and Company agree that any dispute, claim or controversy arising out of or relating in any way to the Agreement, shall be determined by binding arbitration in San Diego County, California, instead of in courts of general jurisdiction. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. You agree that, by agreeing to these Agreement, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Company are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Agreement.

YOU AND COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Company agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.

12. Miscellaneous

These Agreement shall be governed by and construed in accordance with the laws of the state of California, USA without regard to conflict of laws provisions. If any provision or provisions of these terms shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and shall remain in full force and effect.

If any condition of this Agreement for any reason becomes unenforceable, or is voided or declared invalid by the competent court, then it is regarded as an omission from the text of this Agreement, which, however, shall by no means affect the legitimacy and validity of the other conditions.

The section headings in the text of the Agreement are for convenience only and have no independent legal force, and shall not be interpreted in relation to the conditions of the Agreement.

The User acknowledges that he has read this Agreement carefully and understood it completely, and agrees to accept its terms and conditions.

If you have any questions, comments or remarks, please contact us by the email address feedback@searchanise.com.