Terms of Service

Last Modified: February 26, 2019 

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Site Search 360 Terms of Service

Thank you for using Site Search 360! Please read these Terms of Service carefully.  

These Terms of Service govern the use of Site Search 360. By clicking “I agree” or a similar button, completing the registration process, submitting a website domain for indexing, or using the Service in any other way, you acknowledge that you accept and agree to be bound by these Terms, resulting in a legal agreement (“Principal Contract” or “Contract”) between you and Site Search 360. If you are entering into or accepting these Terms on behalf of a legal entity, you represent and warrant that you have the right, authority, and capacity to bind such an entity to these Terms. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE TO BE BOUND BY ALL THE PROVISIONS OF THESE TERMS, DO NOT ACCESS OR USE THE SITE SEARCH 360 SERVICE. 

For your convenience, we have presented these Terms with a table of contents of the Contract: 

 

1. Definitions

Principal Contract” or “Contract” refers, collectively, to all the terms, conditions, notices contained or referenced in this document (the “Terms of Service” or the "Terms") as well as all other operating rules, policies (including the Site Search 360 privacy policy and DPA) and procedures that we may publish from time to time on our website. 

Site Search 360”, “We”, and “Our” is a business name of SEMKNOX GmbH ("SEMKNOX"), a private limited liability company located in Dresden, Germany (Webergasse 1, 01067). The Site Search 360 Service is offered through the URL www.sitesearch360.com and distributed on the Software-as-a-Service (SaaS) basis. 

Service” refers to the software, products, and services provided by Site Search 360, including upgrades and updates thereto made generally available by Site Search 360 to Client. 

Client,” “You,” and “Your” refer to the individual person, company, or organization that has visited or is using the Service; that accesses or uses any part of the Account; or that directs the use of the Account in the performance of its functions.  

Account” represents your legal relationship with Site Search 360 and gives you access to indexing and search settings, dashboard, analytics, and subscription plans, collectively referred to as the Site Search 360 “Control Panel.” You must be at least 13 years of age to register an Account. 

Website” is any website, blog, or online store on which you intend to or are already using the Service. 

End User” or “User” is any visitor of your Website interacting with the Service. 

Free Trial” refers to a fourteen (14)-day evaluation period available free of charge for any Client who opens an Account with Site Search 360. 

Plan” defines a set of Service features and limitations offered to the Client free of charge or in exchange for a subscription fee. Full description of plans and features is available at www.sitesearch360.com/pricing. 

Third-Party Services” are service providers who are not directly controlled by Site Search 360 but are necessary for the Service to function correctly, such as our hosting provider (Hetzner GmbH), our CDN provider (Cloudflare), and payment provider (Stripe). 

Site ID” is a unique identifier of every Account which corresponds to the domain name of the Website that you provide at registration. 

 

2. Scope 

2.1 Site Search 360 Terms of Service shall apply exclusively. Deviating, conflicting, or supplementary Terms and Conditions of the Client shall only become part of the Contract if and to the extent that Site Search 360 has expressly agreed to their validity. 

2.2 If individual agreements are made with the Client (including collateral agreements, supplements and amendments), they shall in all cases take precedence over these Terms. The content of such agreements shall be governed by a written contract or a written confirmation from Site Search 360. With the exception of managing directors or authorized signatories, the employees of Site Search 360 shall not be entitled to verbally promise to supplement or amend the agreements made, including these Terms. Such promises require written confirmation by Site Search 360 in order to be valid. 

 

 3. Registration, Free Trial, and Setup 

3.1 In order to use the Service, you must register the Website on which you intend to use the Site Search 360 search engine. You shall provide a valid domain name as well as your email address. You can either complete the signup form, or use the quick registration available at www.sitesearch360.com. 

3.2 When you sign up for the Service, we will automatically open an Account in the name of the Website domain you provide (Site ID) and a 14-day FREE TRIAL will be activated. Free Trial features are equivalent to the biggest paid Plan (“BATMAN”) features with the exception of a page limit: a maximum of 5,000 pages and/or documents can be indexed with a Free Trial Account. 

3.3 If, at the end of your Free Trial, you do not sign up for any paid Plan, features available to you will be automatically limited to FREE Plan. Site Search 360 can, at its sole discretion, terminate or extend the Free Trial from time to time. 

3.4 You can access the Control Panel by logging into your Account with your Site ID and password. You agree to use the Service yourself and agree not to allow any third party to use it on their behalf, unless accepting full responsibility for the consequences. 

3.5 For the Service to be enabled on your Website, you shall insert the specified code into the source code of your Website in accordance with instructions posted at docs.sitesearch360.com/en/site-search-360-installation. Setup is also available via the Site Search 360 API and customized apps and plugins for such platforms as WordPress, Weebly, Lightspeed eCom, Drupal, Cloudflare. 

 

 4. Payment, Refunds, Upgrading, and Downgrading 

4.1 A valid credit card is required for paid Accounts unless you or your company pays for the Service annually, in which case payment via check, bank transfer, or PayPal is acceptable. Free and Trial Accounts are not required to provide a credit card number.  

4.2 All amounts are quoted and shall be payable in US dollars. Unless and to the extent expressly indicated otherwise, listed fees are net amounts exclusive of possibly applicable VAT and any other applicable taxes, levies, or transaction-based charges. You agree to pay for any of such taxes, levies, or charges that might be applicable to you in connection with your use of the Service. 

4.3 You are responsible for providing Site Search 360 with information about you and your company, including your full name, the company’s address, and tax number, if applicable, in the Profile section of your Account. You guarantee that all information provided in the Profile is exact, up to date, and legitimate and is in no way misleading or dishonest. You agree to update this information in the event that any of it should change. Your Profile details will appear on all invoices issued by the Service. 

4.4 The Service is billed in advance at regular intervals (monthly or annually) starting from the date on which you have subscribed to the Plan of your choice. An upgrade to any paid Plan will end your Free Trial. You will be billed for your first month or year of service immediately upon upgrading.  

4.5 Site Search 360 can, at your request and within the scope of our operational and technical possibilities, provide additional services against a separately agreed remuneration. Unless agreed otherwise, we will separately invoice additional services at half-hour intervals in accordance with the hourly rates applicable at the time your order is placed. 

4.6 For any upgrade or downgrade in the Plan level during your billing cycle, your future payment will be prorated in accordance with the unused time on your previous Plan. Proration is a charge adjustment that will not be automatically refunded but applied on your next invoice.  

 

5. Plan Quotas  

5.1 The monthly fee for the use of Site Search 360 is based on the number of indexed pages and monthly search volume of your Website(s). If the search volume quota defined in your Plan is lower than your actual search volume per month, you will be charged $0.004 (zero point zero zero four USD) per search query above the agreed search volume. Overage fees can be prevented by enforcing a search query limit so as to deactivate the search engine when the quota is exceeded. 

5.2 Unused monthly search volume is not transferable to the following month. 

5.3 If the number of indexed pages and documents exceeds your Plan quota, new pages or documents will not be indexed and therefore not shown in search results. You can blacklist and remove unnecessary URLs from your search index to comply with your Plan quota. 

 

 6. Term and Termination 

 6.1 The Service shall be provided for a period of 1 (one) month or 12 months (a year) as of the date of accepting the Contract, depending on the selected billing cycle. Following the first billing cycle, the Contract shall automatically renew for an additional cycle of the same length, unless otherwise agreed in writing by the parties.  

6.2 You may terminate your Account and stop using the Service any time with or without notice to Site Search 360. If you are on a paid Plan, you shall unsubscribe from your current Plan and downgrade to the FREE Plan before deleting your Account.  

6.3 If you unsubscribe and delete your Account, there will be no refunds or credits for partial months of service or for months unused with an open Account. We will not refund or reimburse you in any other situation, including if your Account is suspended or terminated for cause, like a breach or any violation of the Contact.  

6.4 Downgrading your Service may cause the loss of your content, features, or capacity of your Account. Site Search 360 does not accept any liability for such loss. 

6.5 When you terminate your Account, the provision of the Service to you will cease immediately, and you shall remove all scripts and references to Site Search 360 from your Website. 

 

7. Prohibited and Unauthorized Use 

 You will not: 

  • use the Service to store, transmit, or display any data for fraudulent purposes or in violation of applicable laws and governmental regulations; 
  • transmit any information that you do not have the right to make available; 
  • use the Service on a Website that contains any pornographic, hate-related, violent, or otherwise inappropriate content (as may be determined from time to time by Site Search 360 in its sole discretion); 
  • collect or harvest any information about other users; 
  • reverse engineer, decompile, translate, disassemble, or otherwise attempt to extract any or all of the source code of the Service; 
  • use the Service in any manner that damages, disables, overburdens, or impairs performance of the Service or interferes with any other party's use of the Service, including sending automated systems, such as "robots," "spiders," or "offline readers," that send more requests to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional browser; 
  • attempt to gain unauthorized access to the Service, Site Search 360 systems, or networks; 
  • copy, modify, or create a derivative work of the Services or any part, feature, function, or user interface thereof; 
  • access the Service or use the documentation to develop a competitive product or service; 
  • alter, remove, or obscure any copyright, logo, or other proprietary notices of the Service; 
  • use the Service for any purpose or in any manner that is unlawful or prohibited by this Contract. 

 

8. Licenses and Proprietary Rights

8.1 Subject to all of the terms and conditions of this Contract, Site Search 360 grants to you a non-transferable, non-exclusive, non-sublicensable limited license to use the Service solely in compliance with this Contract. We reserve the right to discontinue, modify, and change the Service at any time, with or without notice to you. You undertake to remove Site Search 360 scripts from the Website upon the termination of this Contract. 

8.2 Site Search 360 or our licensors shall retain all right, title, and interest in any and all intellectual property or other rights in the Service, its modifications, enhancements, improvements, or other derivative works. This Contract does not transfer any proprietary right or interest in the Service or the derivative works. 

8.3 You grant to Site Search 360 a non-exclusive, revocable, and limited license to store, copy, transmit, and display the Website content as well as interoperate with any Third-Party Services that are necessary for the Service to function in accordance with the Contract. Subject to this limited license, Site Search 360 acquires no right, title, or interest from you in or to the Website content. 

8.4 You shall retain all right, title, and interest in or to your own User data and all preexisting material/information provided by User.  Site Search 360 shall be entitled to anonymize User data for the purposes of improving the Service and use such anonymized data for other business purposes of Site Search 360. 

8.5 You grant to Site Search 360 a perpetual, irrevocable, royalty-free permission to use and incorporate into the Service any suggestion, enhancement request, recommendation, correction, or other feedback you provide. 

8.6 From time to time Site Search 360 may use general information identifying you as our Client (such as the name and/or logo) in its marketing of the Service pursuant to good business practices and reasonable guidelines submitted by you. We obtain no rights in your name or logo, and you retain all right, title, and interest in or to such information. 

 

9. Data protection 

9.1 All interaction data between the Service and your Website content is encrypted and delivered via HTTPS. Upon registration in the Service, you permit the transfer, storage and processing of the data transmitted to Site Search 360 with your site ID and API Key. The data includes the actual Website and/or product data, search queries, User interactions, and tracking information. 

9.2 The Site Search 360 privacy policy explains how we treat personal data and protect your and the End User’s privacy when interacting with the search engine. By using the Service, you also agree to our privacy policy.  

9.3 To the extent Site Search 360 processes any End User personal data (“Data” as defined in the Data Processing Addendum or the “DPA”) on behalf of Client, the terms of the DPA will apply and the parties agree to comply with such terms.

 

10. Responsibilities and Warranties  

10.1 When you submit a URL identifying any Website to Site Search 360, or otherwise request Site Search 360 to index a Website, you warrant that you are either the publisher of the Website or that you have the necessary permissions or authorizations to submit the URL and the Website for indexing by Site Search 360. Site Search 360 does not guarantee that any particular Website is suitable for indexing or that the Service can be used with any particular Website. 

10.2 You shall support Site Search 360 to a reasonable extent in the performance of the Service at your own expense. This includes, among other things, the correct integration of Site Search 360 JavaScript code snippets or the connection of the Site Search 360 API with all necessary parameters described in the corresponding documentation.  

10.3 You shall promptly, but at the latest within four weeks after notification by Site Search 360, accept any changes to the tools (e.g. scripts, plugins) provided by Site Search 360 and used by Site Search 360 in accordance with the Contract, or carry out corresponding upgrades. 

10.4 Site Search 360 warrants that during the term of Contract: 

  • the Service will perform materially in accordance with the applicable documentation;
  • the Service will be provided in accordance with the applicable Service Level Agreement (“SLA”, Section 12 of the Contract);
  • Site Search 360 will not materially decrease the overall functionality of the Service.  

10.5 SLA terms do not apply when the Service is unavailable due to: 

  • factors outside of Site Search 360’s reasonable control, including force majeure;
  • deficiencies of Third-Party Services, equipment and/or software where such equipment and/or software is not within the control of Site Search 360;
  • abuse or misuse of the Service by you, your personnel, or Users;
  • use or maintenance of the Service by you in a manner not conforming to the requirements described in the documentation or in the Contract;
  • modifications to Site Search 360 software made by you, your personnel, or Users;
  • exceeding your Plan quota,
  • not using the latest version of Site Search 360 scripts and API. 

10.6 Site Search 360 does not warrant that: 

  • the Service will meet your specific requirements;
  • the Service will be uninterrupted, timely, secure, or error-free;
  • the results that may be obtained from the use of the Service will be accurate or reliable;
  • the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, and any errors in the Service will be corrected.

10.7 Notwithstanding the above, Site Search 360 shall attempt to remedy any quality defects within a reasonable period of time by either implementing a workaround or fully rectifying the error. 

10.8 You shall be responsible for notifying Site Search 360 in writing of any errors or defects in the Service immediately after their discovery. You shall support Site Search 360 in troubleshooting to the maximum possible extent and free of charge.

 

11. Indemnification and Limited Liability 

11.1 You agree to indemnify and hold Site Search 360 and its employees harmless from any third-party claims, demands, suits, or proceedings and all related judgments, liabilities, awards, damages, costs, including reasonable attorneys’ fees and expenses, arising out of or in connection with your use of the Service. 

11.2 You understand that you use the Service at your own risk. With regard to all stored and indexed content, Site Search 360 only intervenes within the role of hosting provider. We have no control or liability over such content. You are solely responsible for your Website and the materials and information you request Site Search 360 to index. You acknowledge that all materials and information indexed and stored by Site Search 360, and the Website on which Site Search 360 is used, are controlled by you, and they are not submitted, selected or controlled by Site Search 360. 

11.3 You understand and agree that Site Search 360 will not be liable for any damage, direct or indirect, incidental, special, or consequential, including but not limited to any loss of profits or anticipated savings, goodwill, loss of business or business opportunity, data or other intangible losses, resulting from: 

  • the use or the inability to use the Service,  
  • the cost of obtaining substitute services resulting from any information or services purchased or messages received, or transactions entered into through or from the Service; 
  • unauthorized access to or alteration of your data;
  • statements or conduct of any third party on the Service;
  • or any other matter relating to the Service. 

11.4 Site Search 360 shall not be liable for the loss of data when the damage is due to your failure to perform data backups and thereby to ensure that lost data can be restored with reasonable effort. 

11.4 Site Search 360 will be liable to you for loss or damage that you actually suffer that is caused by:  

  • our fraudulent action;
  • our willful misconduct;
  • our gross negligence;
  • our damage to life, body, or health;
  • our action that would give rise to a claim under the German Product Liability Act;
  • any other liability which cannot be excluded or limited by applicable law.  

11.5 Any liability that could be incurred by Site Search 360 shall not exceed the amount in which Site Search 360 liability is insured. In the event of the damage not being paid by the insurer of Site Search 360, the liability will not exceed the total amount paid by the Client within a twelve-(12) month period prior to the data of the event giving rise to the claim of damages.  

11.6 If, in your jurisdiction, limitation of liability is not permitted, such limitation may not be applicable to you. 

 

12. Service Level Agreement

12.1 We guarantee that the Site Search 360 API, search, and Control Panel will have an uptime of at least 99.9% on a monthly average. Our uptime is monitored by multiple services and multiple servers guarantee redundancy and reduced risk of outages.

12.2 The Service response time is usually between 10 and 100ms (~20ms on average) per request with final times depending on multiple factors that are not within our control such as the search query and its parameters, User’s location, and Internet connection speed.

 

13. Final provisions 

13.1 We reserve the right, at our sole discretion, to amend these Terms at any time and to update these Terms in the event of any such amendments. We will notify you of material changes to this Contract, such as price changes, at least 30 days prior to the change taking effect by posting a notice on our website or via email. For non-material modifications, your continued use of the Website constitutes agreement to our revisions of this Contract. 

13.2 The registered office of SEMKNOX in Dresden shall be responsible for the performance of all services provided by Site Search 360. 

13.3 The contractual relationship between Site Search 360 and Client shall be governed by German law to the exclusion of the UN Convention on Contracts for the International Sale of Goods. 

13.4 The exclusive place of jurisdiction shall be Dresden. 

13.5 Should individual provisions of the Contract or these Terms be invalid, this shall not affect the validity of the remaining provisions.