Terms of Service

AGREEMENT FOR THE PROVISION OF SEARCH ENGINE SERVICES

This Agreement (the "Agreement") is made and entered into by and between:

Collectively referred to as the "Parties," and individually as a "Party."

RECITALS

WHEREAS, InfoTrail is engaged in the business of providing access to a search engine service specializing in open-source intelligence;

WHEREAS, the Client wishes to access and use InfoTrail's Search Engine Services (hereinafter "SES") in accordance with the terms and conditions set forth herein;

NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, the Parties agree as follows:

1. SUBJECT OF THE AGREEMENT

1.1 Provision of Services

InfoTrail agrees to provide the Client with access to its SES, which is a computer program designed to search and retrieve information from the internet and other public sources, with a specialization in open-source intelligence.

1.2 Service Levels

SES is offered in two tiers: a free version with limited functionality and an enhanced version available via subscription. Details of the functionalities and limitations of each tier are provided below.

1.3 Agreement Formation

This Agreement is considered validly concluded and binding upon the Parties if:

• a written agreement is executed between the Parties;
• the Client accepts the terms and conditions electronically during the sign-up process; or
• the Client uses the free version of SES.

Notwithstanding the foregoing, InfoTrail is under no obligation to provide SES to the Client prior to the receipt of any applicable fees.

1.4 Privacy Policy

The Privacy Policy of InfoTrail, available at https://infotrail.io/privacy, is an integral part of this Agreement and applies to all services provided under it.

2. FREE USERS

2.1 Limited Access

InfoTrail provides free access to SES, subject to limitations in features and data access, which may be modified or revoked at InfoTrail's sole discretion. InfoTrail is not bound to ensure uptime or the accuracy of the services provided to free users.

2.2 Unauthorized Access and Bulk Requests

Free users shall not engage in bulk requests or attempt to bypass protections or access paid features without a valid license. Unauthorized access will be subject to penalties, including a contractual penalty equivalent to the annual subscription fee for each instance of unauthorized access.

2.3 Commercial Use

Commercial use of SES beyond the trial period is strictly prohibited and constitutes unauthorized access.

3. PAID USERS

3.1 Subscription-Based Access

Paid users are granted access to enhanced functionality of SES based on the subscription purchased. Details regarding the scope of features and access are available at https://infotrail.io/pricing

3.2 Security and Account Access

Access to SES for paid users will be provided through a secure web portal https://infotrail.io/, where the Client will be issued a unique username and password. The Client is responsible for safeguarding their login credentials.

4. ACCOUNTABILITY AND USAGE RULES

4.1 Account Creation and Authenticity

The Client agrees to provide accurate, truthful, and up-to-date information when creating an account. The use of false or misleading data is strictly prohibited.

4.2 Legal Compliance

The Client warrants that their use of SES complies with all applicable laws, regulations, and legal obligations within their jurisdiction.

4.3 Prohibited Activities and Compliance

The Client acknowledges and agrees that they shall not, directly or indirectly:

4.3.1 Illegal and Unauthorized Activities

• Use SES for any illegal, illicit, or unauthorized activities, including but not limited to: hacking, phishing, system intrusion, surveillance, stalking, harassment, fraud, identity theft, or any other malicious activities
• Attempt to gain unauthorized access to SES or its related systems and networks
• Use SES to facilitate or promote any criminal activities or violations of applicable laws
• Engage in activities that violate or infringe upon the rights of others, including intellectual property rights

4.3.2 Compliance and Responsibility

• The Client bears sole responsibility for ensuring their use of SES complies with all applicable laws, regulations, and legal requirements in their jurisdiction
• InfoTrail makes no representations regarding the appropriateness or legality of using SES in any particular jurisdiction
• The Client must obtain any necessary permits, licenses, or authorizations required for their use of SES
• The Client shall maintain appropriate security measures to prevent unauthorized access to their SES account

4.3.3 Enforcement and Penalties

• InfoTrail reserves the right to investigate and take appropriate legal action against violations of these prohibitions
• Violations may result in immediate termination of access to SES, forfeiture of any prepaid fees, and potential legal action
• The Client agrees to indemnify and hold InfoTrail harmless from any claims, damages, or expenses arising from their violation of these prohibitions
• InfoTrail may report violations to law enforcement authorities at its discretion

4.4 Permitted Use

SES may only be used for lawful purposes, including research and open-source intelligence activities. The Client is responsible for ensuring that their use of SES complies with all applicable laws.

4.5 Intellectual Property

The Client acknowledges that InfoTrail retains all intellectual property rights in and to SES and any data associated with it.

5. FEES AND PAYMENT TERMS

5.1 Subscription Fees

The Client agrees to pay InfoTrail the applicable fees for access to SES, as outlined in the product description and billing information. Payment must be made in advance.

5.2 VAT and Tax Obligations

The Client must disclose their VAT status by providing valid name, address, and VAT ID (if applicable). VAT is applicable for private individuals and companies located within InfoTrail's jurisdiction; for companies located outside this jurisdiction, the reverse-charge mechanism applies. The Client is responsible for any withholding taxes required by their country.

5.3 Payment and Late Fees

All fees must be paid immediately upon ordering via InfoTrail's designated online payment processor. In case of delayed payment, InfoTrail will charge default interest of 0.1% per day on the overdue amount. SES access may be suspended until payment is received.

5.4 Fee Adjustments

InfoTrail reserves the right to modify the fees for SES, with at least 30 days' written notice to the Client. The Client may terminate the Agreement if they do not agree to the new fees.

5.5 Non-Refundable Fees

Unless explicitly stated otherwise, all fees are non-refundable.

6. WARRANTIES AND LIMITATIONS

6.1 No Warranties for Free Services

InfoTrail does not provide any warranties for the free version of SES, and access is granted at its discretion.

6.2 Uptime Guarantee for Paid Services

InfoTrail guarantees 95% monthly uptime for paid users. If uptime falls below this threshold, credits will be provided as follows:

• 80-95% uptime: One-week credit;
• 60-80% uptime: Two-week credit;
• Below 60% uptime: Four-week credit.

6.3 Disclaimer of Liability

SES is provided "AS IS," without any guarantee of accuracy, completeness, or suitability for a specific purpose. InfoTrail's liability is limited to the amount paid by the Client for SES.

6.4 Support for Paid Users

Paid users are entitled to technical support for issues related to SES performance for a period of 7 days following payment.

7. CLIENT OBLIGATIONS

7.1 Technical Requirements

The Client is responsible for ensuring they meet all technical and connectivity requirements necessary for using SES.

7.2 Legality of Use

The Client is responsible for ensuring that their use of SES complies with applicable laws and regulations.

8. TERM AND TERMINATION

8.1 Term

This Agreement is valid for the duration of the purchased license and renews automatically unless either Party provides written notice of non-renewal.

8.2 Termination by InfoTrail

InfoTrail may terminate the Agreement immediately if:

• Payment is overdue;
• The Client enters liquidation or insolvency;
• The Client engages in prohibited activities;
• SES provision becomes technically or economically infeasible.

8.3 Termination by Client

The Client may terminate the Agreement if InfoTrail fails to remedy a material breach within 14 days of written notice.

9. FINAL PROVISIONS

9.1 Modifications

InfoTrail reserves the right to modify or replace this Agreement at its sole discretion. Any changes will be communicated with reasonable notice.

9.2 Governing Law

This Agreement shall be governed by and construed in accordance with the laws of [Your Jurisdiction], and any disputes arising hereunder shall be subject to the exclusive jurisdiction of the competent courts in [Your Jurisdiction].

By using SES, the Client acknowledges and accepts the terms and conditions set forth herein.

[End of Document]