These terms and conditions ("Terms") together with any related order forms or purchase orders (“Order Forms”) form a legal agreement between you ("you" or "Customer") and SEO.bet Limited. (“SEO.bet”, "us", "we" or "our") relating to your use of the prototype analytic services provided via the website seo.bet (“Website”), including all related content and services made available on that website (the "Services").
By using the Services, you agree to these Terms. If you do not agree to these Terms, you should not proceed to use the Services.
Updates: From time to time we may automatically update our Services to improve performance, enhance functionality, reflect changes to the operating system or address security issues. If you choose not to agree to any additional terms which apply to such update or new service, you may not be able to continue using the Services.
Changes to Terms: We may need to change these Terms to, by way of example, reflect changes in law or best practice or to deal with additional features, services, subscriptions or applications which we introduce. Where the changes increase your obligations or limit your rights we will give you notice in advance of such changes by sending you an email (if we have an email address on record) or by notifying you of a change when you next log-in as applicable. If you do not accept the notified changes, you must let us know immediately in writing by emailing us at the address set out in section 11 “Contact” of these Terms. In such case, you will not be permitted to continue to use the Services. If you have paid for a subscription account, you may apply for a refund in respect of fees paid for such period after cancellation.
Websites and Applications You Link To: The Website may contain links to other independent third-party websites and applications ("Third-party Sites"). Third-party Sites are not under our control, and we are not responsible for and do not endorse their content or their terms (if any). You will need to make your own independent judgment regarding your interaction with any Third-party Sites, including the purchase and use of any products or services accessible through them.
In order to create an account to use our Services, you must be 18 or over or 13 or older with consent from a parent or guardian to your use of our Services and consent to these Terms and be resident in a country from which the Services are accessible.
You must always provide accurate and up to date information. Please note that the email address you provide when you create your account will be used by us to contact you as required under these Terms. You must let us know as soon as possible if any such information becomes out of date.
You must not disclose any user name, password or other piece of information used as part of our security procedures. Such information is to be treated as confidential. If you suspect that anyone other than you know your user name or password, you must promptly notify us.
You are responsible for any use of the Services which occurs under your account, whether by you or another person.
Access to Service. In return for you agreeing to comply with these Terms, and the payment of any applicable charges, SEO.bet grants you a non-exclusive, non-transferrable, non-sublicensable right to permit its employees, agents, independent contractors ("Authorised Users") or authorised third party collaborators ("Collaborators") to access and use the Services for your own internal business purposes or for the business purpose of your customers and in accordance with any restrictions contained within the Order Form. You shall ensure that all Authorised Users and Collaborators use the Service strictly in accordance with these Terms and shall be responsible for any breach of these Terms by the Authorised Users and Collaborators.
Restrictions. Further, you agree that you will:
1. Not sell, rent, lease, sublicense, loan, provide, or otherwise make available, the Services except to Collaborators in any form to any person without our prior written consent;
2. Not copy, edit, translate, adapt, merge or make alterations to, or modifications of, the whole or any part of the Services (other than as permitted in these Terms to use the Services), or permit the Services or any part of it to be combined with, or become incorporated in, any other programs;
3. Not disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Services (or any underlying technology) or attempt to do any such things except to the extent that such actions are permitted by applicable law; and
4. Not use the Services in a manner or for any purpose that is not expressly permitted under these Terms or applicable law or which otherwise infringes the intellectual property rights in the Services.
You also must not:
1. Use the Services in any unlawful manner (including infringement of intellectual property rights), for any unlawful purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into any operating system;
2. Infringe our intellectual property rights or those of any third party in relation to your use of the Services, including by the submission of any material (to the extent that such use is not licensed by these Terms);
3. Transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Services;
4. Use the Services in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
5. Use the Services to send unsolicited marketing communications (including, without limitation, to testers); and
6. Collect or harvest any information or data from the Services or our systems (by automated means or otherwise) or attempt to decipher any transmissions to or from the servers running them.
You acknowledge and agree that a breach of any of these terms may result in immediate termination or suspension of your account.
Support. SEO.bet shall provide commercially reasonable technical and product support to its users. Support shall only be available in the English language. Any support provided does not include any training services. SEO.bet shall have no obligation to provide support in connection with any error that arises from: (i) use of the Services in a manner other than described in these Terms; (ii) failure by you to implement reasonable recommendations in respect of the Services; (iii) API integration issues or internet service provider failures. Provision of support as described in this section 4 is your sole remedy with respect to the support of the Services and SEO.bet shall have no other liability or obligation to you with respect to any errors.
Charges: You acknowledges that any applicable charges are based on Services ordered and are due irrespective of whether or not you utilise the Services. Payment obligations are non-cancellable and charges paid are non-refundable. All payments shall be made in the currency in which they are invoiced.
Taxes: The charges and any additional sums payable hereunder are exclusive of any and all relevant taxes, including sales tax which shall be paid by you at the rate and in the manner for the time being prescribed by law.
The receiving party agrees that it may only use the confidential information which it receives from the disclosing party for the purpose of performing its obligations or exercising its rights under these Terms (a “Permitted Purpose”), and that it may only disclose such confidential information to its officers, employees, contractors and agents to the extent they need to know and use it for such Permitted Purpose. The receiving party shall ensure that such officers, employees, contractors and agents are bound by equivalent obligations in respect of the confidential information to those set out hereunder and shall use its best efforts to ensure that they abide by such obligations.
If the receiving party is compelled by law to disclose any of the disclosing party’s confidential information, to the extent permitted by law, the receiving party will promptly notify the disclosing party. If disclosure is ultimately required, the receiving party will furnish only that portion of the confidential information that is legally required.
The receiving party agrees that the disclosing party shall be entitled to seek an injunction or any appropriate decree of specific performance for any actual or threatened violations by the receiving party without the necessity of disclosing party showing actual damages or that monetary damages would not afford an adequate remedy.
You acknowledge and agrees that you are responsible for and will comply with all requirements regarding the collection, use, processing, storage, protection, disclosure, transfer and destruction of personal data comprised within the Prototypes or which is submitted by you as part of use of the Services (including the personal information of testers that you choose to add to any Project). Where you submit any personal data relating to a third party (including your testers) as part of the Services, you must have the permission and/or a lawful basis to share that information with SEO.bet in connection with the Services.
This section shall survive termination howsoever arising.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND UNLESS EXPRESSLY STATED OTHERWISE IN THESE TERMS, WE MAKE NO REPRESENTATIONS AND DISCLAIM ANY WARRANTIES (EXPRESSED OR IMPLIED) OR CONDITIONS OF ANY KIND.
Aggregate liability and exclusions of liability: To the fullest extent permitted by law, in no event will SEO.bet be liable for: any indirect, special, incidental, punitive, exemplary, or consequential damages; loss of use, data, business, or profits (whether direct or indirect), in all cases arising out of the use or inability to use the Services, third party applications, or third party application content, regardless of legal theory. SEO.bet total aggregate liability for all claims relating to the use of any Services, shall be limited to the amounts paid by you to SEO.bet in the 12 month period immediately preceding the event giving rise to the relevant claim.
No liability for events outside our control: If our provision of the Services, including any update, is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. We will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end your contract with us and receive a refund for any Services you have paid for but not received.
Availability of Services: Whilst SEO.bet shall provide all Services with reasonable skill and care, we do not warrant that the Services will always be available, uninterrupted or error-free, but only to the extent permitted by law.
What we will always be responsible for: We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence or for fraud or fraudulent misrepresentation.
Suitability of the Services: The Services have not been developed to meet your individual requirements. Please check that the facilities and functions of the Services meet your requirements. You agree that you are solely responsible for the results obtained from the use of the Services and for conclusions drawn from such use.
Please back-up content and data used with the Services. We recommend that you back up any content and data which you use in connection with the Services to protect yourself in case of problems with the Services. You are responsible for the input and maintenance of the Prototypes (and all content contained therein) and for maintaining effective back-up procedures as may be necessary to replace any Prototypes in the event of loss or damage regardless of cause.
If you wish to contact us, or if any condition in these Terms requires you to give us notice in writing, you can send this to us by e-mail at [email protected]. If we have to contact you or give you notice in writing, we will do so using the email address that you have provided to us.
Transferring rights: We may transfer our rights and obligations under these Terms to a third party, but this will not affect your rights under these Terms. You may only transfer your rights or obligations under these Terms to another person if we agree in writing.
Failure or delay in enforcing rights: If we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you, nor will it prevent or restrict the further exercise of that or any other rights. If we do waive a default by you, we will only do so in writing.
No rights for third parties: The Terms are not intended to grant rights to anyone except you and SEO.bet.
Severability of this contract: Each of the conditions of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect and will be construed as far as possible to give effect to the parties' intentions as originally expressed in these Terms.