User: any website/blog/webshop owner willing to use Sooqr’s services. A User can be an individual or a legal entity.
You: the User.
3. Using Sooqr
In consideration of your use of the Sooqr services, you may be required to register for an account. By registering for an account, you represent that you provide truthful information. You guarantee that all information provided by you is sincere, up to date and is in no way misleading or dishonest. If you register as a legal entity, the legal entity is bound by this agreement. If you register as a private person, you represent that you are at least the required age (18 years). Sooqr reserves the right to refuse in its sole discretion any request for service by any party.
You agree that the Sooqr services are provided “as-is” and Sooqr cannot be responsible for the deletion, mis-delivery, timeliness or failure to store any personal settings, data and/or user communications. Sooqr tries to keep the services bug-free and safe, but using it is at your own risk.
Sooqr is a web-based application, which can be temporarily unavailable/offline. Sooqr cannot be held liable for any damage arising from the service being unavailable. Sooqr is authorized to shut down the system temporarily or limit its use without prior notice as needed in order to perform reasonably urgent maintenance. Sooqr reserves the right to modify or discontinue provision of the application and the services.
4. Implementing Sooqr
As a User, you can use a code snippet from Sooqr to implement Sooqr on your website/blog/webshop. Implementing Sooqr allows your visitors to search through all of the indexed articles/products really quickly. Users should be aware that articles/products that are not indexed in Sooqr, cannot be found using the Sooqr search engine. Sooqr cannot guarantee that any particular website is suitable for the service.
When you implement our Sooqr search engine, you authorize Sooqr to use, reproduce and publicly display and perform your content to the extent necessary or desired for Sooqr to provide the services.
5. Subscription and payment
Sooqr charges a service fee on a monthly or yearly basis, depending on your use of the service and the number of products you index through Sooqr and/or the number of searches performed by your visitors on your website/blog/shop. The payment of the service fee is done by direct debit from User’s credit card or by invoice. User hereby guarantees Sooqr that User has all the necessary authorizations to use the chosen payment method. The User undertakes all necessary measures to ensure timely and correct payment of the subscription fee. All amounts paid for the service are nonrefundable.
Any payment delay of all or part of an amount shall automatically entail, without prior formal notice, immediate suspension of current services until the complete payment by the User has been made and invoicing of the legal interest rate, calculated on the total of all amounts due by the User. Furthermore, Sooqr is entitled to claim any legal (in court and out of court) costs with the User.
Sooqr has the right to increase or decrease her service fee at all times. Notice of such an increase/decrease shall be given at least one month prior to the expiration date. In the event of the User not accepting an increase, the User may terminate the use of the Sooqr Service before the increase is enforced.
6. Registration and password
You might receive a member account and a password. You are fully responsible for all activities that occur under this account and password. You will not share your password, let anyone else access your account or do anything else that might affect the security of Sooqr services. You will provide true and current information about yourself during registration. Sooqr cannot and will not be liable for any loss or damage arising from your failure to comply with this article.
7. Safety and protection
In order to maintain the security of your account and the Sooqr services, you explicitly agree not to use the Sooqr services to:
- harm or manipulate others in any way;
- transmit, email or otherwise make available any content that is unlawful, harmful, abusive, vulgar, obscene, threatening, harassing, tortious, libellous, invasive of another’s privacy, hateful or racially, ethnically or otherwise objectionable;
- infringe trademarks, intellectual property or copyright of others;
- misrepresent the source of the content;
- transmit any information that you do not have a right to make available;
- intentionally or unintentionally violate any applicable law;
- stalk or otherwise harass another;
- transmit any unsolicited or unauthorized advertising materials;
- collect or harvest any information about other users.
8. End of agreement
Either party can terminate the agreement by sending a written notice to the other party or, (for Users) via your account page. For monthly subscriptions, this can be done at any time and this will become effective at the next planned monthly renewal date. For yearly subscriptions, this needs to be done at least one month prior to the planned renewal date of the yearly subscription. Ending your subscription becomes effective at the end of the current active subscription period. You are not entitled to a refund. Upon termination, your content (including all indexed data) will be deleted. The provision of the service to you shall cease immediately, and you shall remove all references to Sooqr from your website.
9. Compliments and complaints
Users with ideas or suggestions about Sooqr, the services and/or the application are free to submit those ideas by email: firstname.lastname@example.org
Please be aware that Sooqr is free to use any ideas or suggestions that you submit, without any compensation or credit.
If you have any complaints about Sooqr, its services and/or employees, you are kindly requested to send an email to email@example.com. Any cause of action by you - with respect to Sooqr - must be instituted within one year after the cause of action arose or be forever waived and barred.
10. Indemnification and limitation of liability
You agree to indemnify and hold Sooqr and its employees harmless from any claim or demand made by any third party due to, or arising from your use of the Sooqr services.
You understand that use of Sooqr services is at your own risk. Furthermore, Sooqr does not guarantee any result. With regard to all stored and indexed content, Sooqr only intervenes within the role of hosting provider. Sooqr has no control or liability over such content. You are solely responsible for your website and the materials and information you request Sooqr to index. You acknowledge that all materials and information indexed and stored by Sooqr, and the website on which Sooqr is used, are controlled by you and they are not submitted, selected or controlled by Sooqr.
You understand and agree that Sooqr will not be liable for any damages, direct or indirect. This includes, but is not limited to: damages for loss of profits, goodwill, use, data or other intangible losses, resulting from the use of the services or the inability to use the services, the cost of obtaining substitute services resulting from any transaction entered into on through services, unauthorized access to your data, or any other matter relating to services.
Any liability that could be incurred by Sooqr shall not exceed the amount of which Sooqr’s liability is insured. In the event of the damage not being paid by the insurer of Sooqr, the liability of Sooqr will not exceed the total amount paid by the User within a year preceding these damages.
If in your jurisdiction, limitation of liability is not permitted, such limitation may not be applicable to you.
11. Ownership and license terms
The Sooqr application, software, coding and systems used to provide the services are owned by Sooqr (and Sooqr’s licensors). All are protected by copyright and other intellectual property laws and treaties.
Sooqr hereby grants to any User a limited, non-exclusive, worldwide license to use and reproduce the code provided on the website that enables the implementation of the Sooqr services on your website. You may use Sooqr for your personal or business purposes. This right and license is personal to you and may not be sublicensed or transferred to any other party. The license will end immediately after the termination of the agreement.
The code for the implementation of Sooqr and all other technology may not be modified, reproduced, republished, posted, displayed, performed or sold in any way without our prior written consent. Do not remove proprietary notices.
The Sooqr brand is a registered trademark with the European Union (018153756). Sooqr hereby grants to any User a limited, non-exclusive, worldwide license to use the Sooqr trademark on their website/blog/shop as long as their subscription with Sooqr is active.
13. Data processing agreement
At Sooqr, we take Data Integrity and Privacy very seriously. We collect, process and store data of our customers and Users to continuously improve our services. Please see our Data Processing Agreement. These terms are an integral part of the Sooqr Terms and Conditions.
15. Applicable law and jurisdiction