Terms Of Service

SemanticForce Terms of Services

Last modified: December 25, 2018. By continuing to use our services after December 25, you agree to the new terms of service.

Please review these terms (the “Agreement”) carefully. By accessing or using the SemanticForce Services offered by SemanticForce, you are confirming that you have read, understand and accept this Agreement. This Agreement can be updated from time to time. You are responsible for regularly reviewing the most current version of this Agreement, which is published at: semanticforce.net/en/about/terms_of_service, though we will notify you of any significant changes in this Agreement. Continued use of the SemanticForce Services after any such changes have been made will constitute your consent to such changes. When we change this Agreement, we will update the “Last Modified” date above.

Definitions

1. This section sets out the definitions of some our key terms.

Agreement means these Terms of Services.

Applicable Law means any legally binding obligation applicable to a party, including statutes, rules, regulations, codes, court rulings, or any other binding requirement.

SemanticForce, we, us or our means SemanticForce company.

Content is a generic term that means all information and data (such as text, images, photos, videos, audio and documents) in any format that is uploaded to, downloaded from or appears on SemanticForce Services.

Query means a combination of words, phrases, numbers, search operators or other parameters used to define a search of SemanticForce Data.

Mention means a piece of information that satisfies a Query, including a blog entry, Youtube videos, Facebook posts, Tweets, Reviews etc..

Services means the services that we agree to provide to you.

Third Party Services means the products or services provided to you by anybody other than us.

you, your, Customer, and similar terms mean the person or legal entity accessing or using the SemanticForce Services. For the avoidance of doubt, if you are accessing and using the SemanticForce Services on behalf of a company (such as your employer) or other legal entity, “you”, “your” or “Customer” means the company or other legal entity that you are using the SemanticForce Services on behalf of.

The services

2. This Agreement governs your use of our Services and any information provided to you resulting from your use of those Services. This Agreement applies to the Services that you access through our website.

We warrant that during your usage of our Services we will: (a) provide the Services with reasonable skill and care; and (b) maintain all licences and permissions necessary to perform our obligations under this Agreement.

3. Our Services evolve constantly. We may change our Services, such as by changing, adding or removing features at any time, for any reason. We may or may not provide notice of those changes to you. We will not be liable to you or any third party for the modification, price change, suspension or discontinuance of any of SemanticForce Services.

4. Our Services interact with Social Networks, forums, blogs and other web sources, and depend on the availability of those sources and the features and functionality they make available to us, which we do not control and may change without notice. If at any time a source stops making some or all of its features or functionality available to us, or available to us on reasonable terms, we may stop providing access to those features or functionality and we will not be liable to you or any third party for any such change.

5. You and any Authorized Users using your account must comply with the Terms of Services and all laws. If we reasonably believe that you have breached the Terms of Services or any applicable law, we may, at any time and without notice, remove any of your Content and suspend, restrict or terminate your account or your access to the SemanticForce Services.

6. You are responsible for the completeness, security, confidentiality and accuracy of the account information you provide to us. You will promptly notify us of any unauthorized access to or use of your log-in credentials or account.

7. We are not responsible for Content provided by others, including Mentions and Content from Third-Party Services (such as Content from Social Networks, Forums, Blogs and other Sources). You and anyone else who accesses SemanticForce Services may access Content that might be unlawful, offensive, harmful, inaccurate or otherwise inappropriate. We will not be liable to you or any third party for Content provided by others.

8. If you access a Third-Party Service through SemanticForce Services, you do so at your own risk. Your relationship with the Third-Party Service provider is an agreement between you and them. You specifically understand that we are not responsible for Third-Party Services and will not be liable to you or any third party for any losses or damages resulting from your use of Third-Party Services.

9. Feedback. We welcome your suggestions, comments, bug reports, feature requests or other feedback (“Feedback”). We do not have to keep Feedback confidential, even if you tell us it is confidential. If you provide Feedback, you grant SemanticForce a non-exclusive, worldwide, perpetual, irrevocable, transferable, sublicensable, royalty-free, fully paid-up license to use the Feedback for any purpose.

Fees and payments

10. Your fee for the Service depends on the chosen Price Plan.

11. You must make a full prepayment for determined period (as mentioned in additional agreements). No activation of the account following expiration of the trial period will be possible without such fee having been paid (except situations when we expressly offer SemanticForce Services free of charge).

Cancellation and Termination of SemanticForce Services

12. You may cancel or downgrade your SemanticForce Services plan at any time by contacting us.

13. We may refuse to provide SemanticForce service to anyone for any reason at any time. We may also immediately suspend or terminate your access to SemanticForce Services for any reason, at any time, without notifying you in advance.

Disclaimer of Warranties and Limitation of Liability

14. We offer our Services “as is” and are not making any warranties, conditions, representations or guarantees of any kind, whether express, implied, statutory or otherwise, including all express or implied warranties of design, merchantability, fitness for a particular purpose, title, quality and non-infringement, that our Services will meet your requirements or that our Services will always be available, accessible, uninterrupted, timely, secure, accurate, complete or error-free. Use SemanticForce Services at your own risk. You hereby release us and our affiliates and the directors, officers, employees, agents, licensors and service providers of SemanticForce and our affiliates from any claims, known or unknown, you have against them.

15. We will not be liable for indirect, punitive, incidental, special, consequential or exemplary damages, or for loss of profits, goodwill or data or other intangible losses, that result from the use of, or inability to use, our Self-Serve Services or any other aspect of this Agreement. Under no circumstances will we be liable for any Third-Party Services, Social Networks or activities of third parties, any connection to or transmission from the Internet, or for any damage, loss or injury resulting from hacking, tampering, theft or other unauthorized access to or use of our Self-Serve Services or your account or the information contained in your account, including Customer Content.

16. No advice or information, whether oral or written, obtained from us or elsewhere will create any warranty or condition not expressly stated in this Agreement.

17. If you are dissatisfied with SemanticForce Services or believe that you’ve been harmed by your use of SemanticForce Services or this Agreement, you may terminate your use of SemanticForce Services (as set out above). That termination is your sole and exclusive remedy (and our sole and exclusive liability) under this Agreement.

Claims and Disputes

18. You will indemnify and hold harmless SemanticForce from and against all losses, damages, penalties, liability and costs, including reasonable legal fees, of any kind or nature related to any claim against a SemanticForce Party related to: (a) Content; (b) your breach of this Agreement or any laws; or (c) your use of SemanticForce Services or any Third-Party Services (including your breach of terms for any Third-Party Services).

19. If you breach this Agreement or violate our rights or another person’s rights, we may ask a court to stop you; if we bring a claim against you, you will reimburse us for our reasonable legal fees for that claim.

Miscellaneous

20. Amendment. We may change any part of this Agreement (including any terms or documents incorporated by reference in this Agreement) at any time by posting the revised terms on the SemanticForce website, and your use of SemanticForce Services after the effective date of the updated Agreement or other terms constitutes your agreement to the updated Agreement or other terms, as applicable. It is important for you to review this Agreement before using SemanticForce Services and from time to time. The updated Agreement will be effective as of the time of posting, or on such later date as may be specified in the updated Agreement, and will apply to your use of SemanticForce Services from that point forward.

21. Assignment. You may not assign your rights under this Agreement to anyone else. We may assign our rights to any other individual or entity.

22. Force Majeure. We will not be liable to you or any third party for any failure to perform our obligations under this Agreement if that failure results from any cause beyond our control, such as the elements; fire; flood; severe weather; earthquake; vandalism; accidents; sabotage; power failure; denial of service attacks or similar attacks or other acts of hackers; Internet or network failures or interruptions; acts of God and the public enemy; acts of war; acts of terrorism; riots; civil or public disturbances; strikes, lockouts or labor disruptions; any laws, orders, rules, regulations, acts or restraints of any government or governmental body or authority, civil or military, including the orders and judgments of courts; or if another person changes their services or terms or no longer offers their services to you or SemanticForce on terms we believe are reasonable.

23. Remedies. If we fail to enforce this Agreement, we are not waiving our right to do so. Any remedies we have under this Agreement are not exclusive of any other remedies we may have under this Agreement, at law or otherwise.