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Mojeek Search API Terms of Service Agreement

Please Read Carefully Before Using This API Service

This Terms of Service Agreement (the "Agreement") is between Mojeek Limited ("we," "us," "our," or the "Licensor") and you ("you," "your," "customer" or the "Licensee"). By registering for, accessing, or using the Mojeek Search API services (the "Services") provided by Mojeek Limited on our website, you agree to be bound by the terms of this Agreement ("Terms").

By completing the registration and payment process on our website or by clicking to accept these terms when prompted on the interface, you:

  1. Acknowledge that you have read and understood this Agreement;
  2. Represent that you are of legal age and have the legal authority to enter into this Agreement;
  3. Accept this Agreement and agree that you are legally bound by its terms.

If you do not agree with these terms, you must not access or use the Services. The Services are offered and available to individuals who are 18 years of age or older. If you are accepting these terms on behalf of an organisation or entity, you represent and warrant that you have the authority to bind such organisation or entity to these terms, and in such a case, "you" and "your" will refer to the organisation or entity you represent.

1. API Services

  1. Our Services are operational 24 hours a day and 7 days a week. You recognise that this accessibility may however be interrupted in case of technical difficulties or force majeure (see below). We shall not be held responsible for network or power failures that are out of our control, and which would impede or degrade access to our Services.
  2. We reserve the right to interrupt, suspend momentarily or modify without prior notice access to all or parts of Our Services.
  3. Our Services are evolving. As such, the Services may change from time to time, at our discretion.
  4. You agree not to use the Services in an inappropriate way, for instance, by: (a) launching saturating attacks; (b) unlawfully accessing the Services, and servers, or databases attached to the Services; (c) probe, scan, or test the vulnerability of any system or circumvent any security or authentication measures; (d) use or access Our Services by any automated means unless you are an authorised Services user.
  5. We reserve the right to deny access to the Services to any user who does not respect these Terms.
  6. Usage
    1. All data provided by the Services ("Data") may be used in internet search experiences.
    2. Data may be used in a non-internet search experience for the sole purpose of discovering sources of information.
    3. You may reorder the search results ranking.
    4. You may combine Data with search results from other sources, including other search engines.
    5. You may display results together with advertising from other parties.
    6. You may modify the Data, unless prohibited by law and subject to the Exclusions below.
    7. Exclusions(s):
      1. For the Startup Plan: Do not compile, copy, or store any Data.
      2. For the Startup Plan: Do not cache any Data, except to temporarily cache in order to serve the same user for up to 1 hour.
      3. Do not display information that was not included within any part of the Data in a way that would lead a user to believe that this information is part of the Data.
      4. Do not use Data as part of any search index.
  7. Licensor may in writing vary these terms for Our Enterprise customers ("Enterprise Plan").
  8. We reserve the right to disclose any information as we reasonably believe is necessary to: (a) satisfy any applicable law, regulation, legal process or governmental request; (b) enforce the Terms, including investigation of potential violations hereof; (c) detect, prevent, or otherwise address fraud, security or technical issues.
  9. With respect to any personal data subject to the European Union General Data Protection Regulation (GDPR) and that is processed in connection with calls to the Services, you understand that you and Mojeek are independent data controllers under the GDPR. You are independently responsible for your compliance with the GDPR.
  10. Data provided is subject to our general content policy which can be found in our Terms of Service.

Payment

  1. We may change any and all prices at anytime with 30 days notice. All deposits are non-refundable.
  2. We may, at Our sole discretion, extend, revise or revoke credit at any time. We are not obligated to deliver any Services in excess of any credit limit.
  3. Neither of us is liable for any Taxes the other is obligated to pay. You will pay any Taxes that are associated with the use of the Services, including any related penalties or interest.
  4. Charges are exclusive of Taxes (including VAT). Our VAT number is GB125810533.
  5. Taxes may include any sales, value added, stamp, or similar taxes that are permitted to be collected under applicable law.
  6. Payments will be processed by Stripe, who collect, use and process information in accordance with their privacy policy.

Warranty and Obligations

Each party warrants to the other that it will use reasonable skill and care in complying with its obligations under these Terms.

4. Disclaimer of Warranties

Except as expressly stated in these Terms, and to the fullest extent allowed by applicable law, our Services are provided "as is" and "as available," with all faults. We do not guarantee that the Services will meet your requirements or be available uninterrupted, secure, or error-free. We expressly disclaim all warranties, whether express, implied, statutory, or otherwise, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. You assume all risk for any damage that may result from your use of our Services and any materials downloaded or accessed from our Services.

5. Intellectual Property

  1. The Services are protected by copyright, trademark, and other laws of both the England and Wales and other countries. Nothing in the Terms gives you a right to use the Mojeek name or any of the Our trademarks, logos, domain names, other distinctive brand features, and other proprietary rights without our permission.
  2. All right, title, and interest in and to the Services are and will remain Our exclusive property.
  3. Any feedback, comments, or suggestions you may provide regarding Mojeek, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

6. Disclaimers and Limitation of Liability

  1. We make no representations about the quality or availability of Our Services or anything else and exclude all warranties and guarantees (statutory, express, implied, or otherwise) to the greatest extent allowed under applicable law. You access and use Our Services entirely at your own risk. All aspects of Our performance and services are "as is," "as available," and "with all faults."
  2. Nothing in the Terms will exclude or limit either party's liability: (a) for fraud or fraudulent misrepresentation; (b) under Clause 7; (d) for payment of sums properly due and owing to the other in the course of normal performance of the Terms; or (e) for anything which cannot be excluded or limited by law.
  3. To the greatest extent allowed under applicable law, neither party is liable for any special, incidental, consequential, exemplary, punitive, or other indirect damages under or in connection with these Terms (including for loss of data or profits), foreseeable or not, regardless of the theory of liability.
  4. The maximum, aggregate liability of either party to the other, and all third parties: (a) for all claims in connection with the Terms is limited to £1,000.

7. Indemnity

You will defend and indemnify Us from and against all claims, demands, suits, or other assertions of rights by any third party, and all resulting judgments, settlements, and expenses (including legal fees and costs), that arise out of or relate to Your use of Our Services, or Your breach of these Terms.

8. Changes and Termination

  1. We may make non-material changes to these Terms at any time without notice, but We will provide at least 30 days advance notice of any material changes to these Terms.
  2. Either party may terminate these Terms at any time immediately upon notice to the other party.
  3. We may suspend Customer's ability to participate in the Services at any time, for example, in the event of payment issues, suspected or actual violations of these Terms or for legal reasons.
  4. Clauses 6 to 8 will survive termination of these Terms.

9. Events Outside of Our Control (Force Majeure)

We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual, or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control.

Law and Jurisdiction

These Terms, and the relationship between You and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.

Any disputes concerning these Terms, the relationship between You and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.