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This translation is a rough translation; to consult the original texts of laws, please refer to the Indiana version.
The website available at "http://freeseomanager.com"(hereinafter referred to as A the Website A) is offered by the DIGITAL BRAIN MEDIA (hereinafter referred to as A the Company A).
The Website allows any natural or legal person to analyze a website in order to have access to a detailed and categorized multi-criteria audit, it also allows to analyze the quality of the backlink, the rank tracking and the comparison with competitors.
Any use of the Site involves the full and whole acceptance by the Customer of the present general terms of service.
The Company reserves the right to modify at any time present terms of service.
The applicable general terms of use are the ones prevailing at the date of the subscription by the Customer.
Provisions of the present general conditions of Subscription prevail over any other general or particular conditions of the Customer which, since they would be opposite to the present, would be considered unwritten, except prior written agreement of the Company.
Customer: designates the natural or legal person subscribing with the Company.
User: designates the natural person using the Website with the access authorization which is granted by the Customer.
Site: designates the Website http://freeseomanager.com published by the Company.
Subscription: designates the access to the Website subscribed by the Customer with the Company.
The present terms of service aim at specifying terms and conditions of the subscription by the Customer to the Website.
The Subscription is open to every natural, major, and capable or legal person.
The Subscription by the Customer is submitted to the intelligence of information presented as compulsory without which his/her Subscription cannot be validly confirmed.
The User commits to provide exact information and to update them regularly. He/she refuses to have several accounts.
Any use of the Website is subjected to the express and complete acceptation by the Customer and the Users that it authorizes, of the present contract of Subscription.
The Customer vouches for the respect of the mentioned contract by the Users.
The Website's features may evolve, in the sole discretion of the Company.
The Subscription gives access to the following features:
Access to the page analysis, crawl keyword tracking, backlinks analysis, SEO Benchmark and the Site vs Site on websites targeted by the Customer;
A 30-day trial period with payment information is offered to the User. It allows him/her to test the above features. The trial period is free. Billing details are asked to prevent interruption in service if the User decide to continue with the tool after the trial ends and to prevent abusive registrations. The User won't be charged during the trial period. If the User don't stop the trial period, he/she will automatically be charged for a monthly Pro plan at the end of the trial. The automatic renewal can be cancelled at any time from the dashboard by clicking on "settings" > "subscriptions" > "cancel". The subscription won't be renewed at the end of the trial but the User will have access to the trial until its end. For security reasons, an email or phone call to Site Analyzer is not sufficient to cancel your trial. Cancellation does not entitle the User to a refund under any circumstances. Once the automatic renewal is processed, no refund will be provided under any circumstances.
The analysis is available as PDF reports. The Customer can personalize the analysis contents by choosing selected criteria.
The analysis is available as an application presenting the results with interactive graphs and allowing the creation of a PDF report.
The Site offers to its Customers a number of rank tracking units varying according to the plan the Customer subscribed. The number of units will depend on the number of request and the number of search engines on which ranks are tracked.
There is no subscription charges .this formula allows you to analyze an unlimited number of websites. It also offers a simultaneous access to the tool for 30 users. It allows the Customer to integrate the tool in his/her website with our API.
The subscription can be cancelled at any time from the dashboard
The Website is the exclusive property of the Company.
The Company is the holder of all the intellectual property rights relative to the website, in particular all the graphic, sound, textual, software elements, including underlying technology, or any other kind, composing the website.
The Customer makes thus a commitment to not infringe the intellectual property rights of the Company and refrains, as such, from reproducing, representing, translating, modifying or spreading, even partially, any element protected by an intellectual property right, except if he/she has the express authorization.
The implementation of hyperlinks pointing to the website is subjected to the express and preliminary agreement of the Company.
The Customer refrains from any exploitation, of any kind, of contents and information get through the website.
A Customer is prohibited from using the website for commercial purposes without the express and preliminary permission of the Company.
The data thus collected are handled by the Company to allow the Customer to access the website's features and to respect its legal and statutory obligations regarding identification of the contributors of the Forum.
The User or the Customer has a right of access, modification, rectification, deletion to all the data with any nominative information.
This right can be exercised by e-mail or mail sent to the Company at the addresses appearing in the website privacy policies, by proving his/her identity.
Except express authorization of the User or the Customer, his/her data are not communicated by the Company to third parties and are not used for commercial prospection purposes, out of the limits allowed by the Law.
The Company takes all the adequate measures to ensure the security and the confidentiality of personal data treated.
The Company only have, regarding the commitments appearing in the present, an obligation of means.
The Customer is warned of the technical hazards related to the Internet and the access interruptions. Accordingly, the Company will not be responsible for possible unavailabilities or slowdowns of the Website.
The Company is unable to guarantee the continuity of the Website, remotely executed via the Internet, what the Customer recognizes.
The Parties agree expressly that the Company cannot also be held responsible for interruptions of the Site or for damage related to:
A case of force majeure or a decision of the authorities ; events of force majeure include, without however limiting them, natural disasters, uprisings or civil disorders, terrorist acts, war or military operations, national or local emergencies, acts or omissions of a government, blockades, embargos, limitations, penalties or civil orders, from the civil protection or military authorities disaster and emergency services or military authorities, action or governmental decree, act of a public enemy, riot or civil conflict, general shortage of transport, goods or energy, or quite similar circumstance, breakdown of the telecommunication networks, labor disputes of any nature whatsoever, fire, earthquake or flood, strike or other industrial dispute, explosion, pandemic ; to an interruption of the electricity supply or the transmissions lines due to the public or private operators ; to an abnormal or fraudulent use by the User or the thirds requiring the stop of the Site ; to an intrusion or in a fraudulent preservation of a third in the system, or in an illicit extraction of data, in spite of the implementation of the security resources complying to the current data of the technique, the Company supporting only an obligation of means with regard to techniques known for securing ; to a loss or a delay in the routing of the information and the data, when the Company is not at the origin of this delay ; to the functioning of the Internet network or the phone networks or Internet access not operated by the Company ; to a failure of the hosting servers.
The Company could not be held responsible for indirect damages or losses, profit or planned economy losses , for income losses neither not directly and exclusively resulting from a failure of the Website, nor a third-party claims.
The Company offers a procedure to indicate an illicit message, via the following procedure: email at support@freeseomanager.com.
The Customer is responsible for damage of all kinds, material or immaterial, direct or indirect caused to any third party, including to the Company, as a result of the use or the illicit exploitation of the Site, whatever the cause and the place of occurence of this damage are .
The Customer guarantees the Company of the consequences, the complaints or the actions of which the Company could therefore, be subjected to.
The Customer gives up exercising any recourse against the Company within the framework of pursuits carried out by a third party against it because of the use or the illicit exploitation of the Website.
9.1 - AVAILABILITY
The Company makes a commitment to take the fair measures to guarantee that the Website is accessible via the Internet 365 days a year, 24/7, except for cases of force majeure, technical and/or computing and/or of telecommunication and/or of periods of maintenance difficulties.
The Company cannot be held responsible for any unavailability of the Website relating to the Internet connection of the User or to its equipments or to maintenance operations necessary for the smooth running of the Site.
The Company reserves the right to interrupt immediately and without advance notice the access to the Website:
1. To proceed to a technical intervention or for any operation of maintenance. As far as possible, the Company will inform beforehand the Customer.
2. If the Company receives a notice by a competent, administrative, arbitration, judicial authority, according to the applicable laws or by a third party
3. In case of use of the Website in contrary to the presents.
9.2 - CONFIDENTIALITY AND SECURITY OF ACCESS
In a general way, the Company makes a commitment to implement any technical means, in compliance with the technique condition, to maintain the integrity, security, confidentiality of the access to the Website.
9.3 - FEATURES EVOLUTION
The Company reserves the right to proceed to modifications in the presentation, the functioning or features of the Website, at any time without preliminary notification.
9.4 - THE HOSTING
The Company ensures the hosting of the Website in conditions of access and premises safety corresponding to the acknowledged rules
9.5 - MAINTENANCE
The Company ensures the progressive and corrective maintenance of the Website for its sustainability and its availability as part of an obligation of means.The Customer automatically benefits from any updating developed by the Company regarding the corresponding version on the website version he uses.
10.1 - WEBSITE COMPATIBILITY CHECKING
The Customer ensures to acquaint, beforehand the approval of the present, technical characteristics and safety devices of the Website.
The Customer takes over all the equipments (material and software) necessary for the use of the Website via the internet network or the Users who he authorizes. He has to update regularly his equipments and his internet connection.
10.2 - ACCESS CODES
Access codes chosen by the Customer when registering on the Website are personal and confidential.
10.3 - SUPPLIED INFORMATIONS
The Customer guarantees that all the information supplied during his/her registration are correct and he/she makes a commitment to regularly update them.
10.4 - USE OF THE SITE
The Customer makes a commitment to use the Website only for purposes of the present Contract, and in the strictest respect for technical and security standards.
The Customer is responsible for the use of the Website. Accordingly, any treatment, transmission, distribution or representation of information or data via the website by the User, are carried out under his/her only and full responsibility and in the strict respect for the legal and statutory requirements relating to online services.
Similarly, the Customer makes a commitment to transmit through the Website no contents including computer viruses or any other code, file or program designed to interrupt, destroy or limit the functioning of any software, computer or tool of telecommunication, without being restrictive.
The Customer makes, therefore, a commitment to warn immediately the company at the addresses mentioned in legal notices about any anomaly regarding the use of the Website.
The Company cannot guarantee the accuracy and the comprehensiveness of the analysis made through the Website, nor the durability of its smooth running or its total IT security.
Furthermore, the analyses supplied by the Company through the Website have informative purposes.
They are automatic analyses which are not intended to replace a human analysis of the website targeted by the Customer.
The Company provides, furthermore, no performance guarantee regarding improvement impacts which could be made by the Customer following the analysis supplied by the natural referencing of the site targeted by the analysis.
The use by the Customer of the supplied analysis is under its exclusive responsibility.
The parties formally agree that any tolerance or waiver of one of the parts in the application of all or part of the commitments planned in the present agreement, whatever the frequency is and the duration, could not be considered as modification of the present agreement, nor generate any right.
The computerized records kept in computer systems of the Company in reasonable safety conditions will be considered as communications, orders and payments proofs between parties.
If any of the contract conditions should be recognized to be nil according to a legal rule or to a current law, it would be considered as unwritten and would not entail the nullity of the contract.
Each Party makes a commitment to consider as confidential, and not to reproduce or to reveal, otherwise for the sole purposes of the Contract execution, information handed by the other party for the implementation and during the Contract execution and otherwise, because of their technical, commercial or financial contents should be considered as confidential as containing elements undisclosed publicly and/or purely personal to the concerned partie.
This confidentiality obligation does not apply to the information for which the Company can prove they were known by its services in a different way that within the present Contract or who are in the public domain.
This duty of confidentiality will not apply either when a Part will be forced to supply information in accordance with legal measures, orders emanating from a public body or judicial decisions.
The obligations of the Parties regarding confidential information will be in force throughout the duration of the Contract, and as long as, following its termination, the concerned information will remain confidential for the Party disclosing and, in any event, in a [5]-year period of following the Contract termination.
In case of difficulty of interpretation in any title representing in heads of clauses and any clauses, titles will be declared nonexistent.
The Company will not be held, in any way, responsible in case of failure or of delay in the execution of its obligations regarding the present terms and conditions, resulting from independent of its will causes for the inclusion and without no limitation of technical breakdowns, force majeure, acts of civil authorities or servicemen, fires, floods, earthquakes, riots, wars, acts of sabotage, failures of networks, coding errors of electronic files, limits of software or incapacity to obtain services of telecommunication or governmental measures, however, the concerned parties take any reasonable measures to limit the resulting effects of the above situations.
The present terms and conditions express the completeness obligations of the Parties.
No indication, no document, can generate obligations in conformance with the presents, if they are not subjected to an amendment signed by both Parties.
No previous correspondence to the signature of the present contract can generate obligations in conformance with the mentioned contract.
The present contract is subjected to Indian law.
If a dispute arises between the parties because of the execution or the interpretation of the present agreement, the Parties make a commitment to submit themselves to the below defined amicable procedure, beforehand any referral procedure of the competent Court.
To find a solution in common to any dispute which would arise in the present contract execution, the parties agree to meet each other in the fifteen days from the sending of a registered letter with a return receipt notified requested by one of the Party.
At the end of the thirty-day deadline, if the Parties did not agree on a compromise or a solution, the dispute would then be submitted to the jurisdiction of the County court of india. All juridiction based in only and only Lucknow court.
This choice of jurisdiction also applies in urgency matters.