Terms and conditions
Effective as of November 19, 2023
A. Introduction
These Terms and Conditions (the “Terms”) govern your access and use of our website, our product Surfsite, and any other associated services provided by us directly (collectively: the “Services”). Please read them carefully. Your use of and access to the Services is conditioned upon your compliance with and acceptance of these terms.
These Terms are a legally binding contract between you and us. As part of these Terms, you agree to comply with the most recent version of our Privacy Policy, which is incorporated by reference into these Terms. If you access or use the Services, or continue accessing or using the Services after being notified of a change to the Terms or the Acceptable Use Policy, you confirm that you have read, understand and agree to be bound by the Terms and the Acceptable Use Policy.
If you do not agree with these Terms, the Privacy Policy or any other policy referred to herein, do not access or use the Services. For the use of the Services, it is necessary to read and accept these terms and conditions in full. We will provide the Services, and you may access and use the Services in accordance with these Terms.
In these Terms or any other policy referred to herein, “we”, “us,” “our” or “Surfsite” will refer collectively to wwwwebmarc.com SRL. and our existing Affiliates. When we refer to an “Affiliate” in these Terms, we mean any entity that directly or indirectly controls or is controlled by, or is under common control with, the party specified. For purposes of this definition, “control” means direct or indirect ownership of more than fifty percent (50%) of the voting interests of the subject entity. The terms “you”, “your”, or “User”, “Customer” will refer to you.
These Terms are effective as of the date you start using our Services.
B. General rules
Beta Version Disclaimer
The Services provided are currently in beta version. This means that the product is still in the testing phase and may contain bugs, errors, or other issues. By using our Services during this beta phase, you acknowledge and agree to the following:
- Limited Functionality: The Services may not have all the features or functionalities of the final release and are subject to change.
- No Guarantees: We do not guarantee the performance, reliability, or availability of the Services during the beta phase. There may be interruptions or malfunctions that affect your use of the Services.
- Feedback and Improvements: We encourage you to provide feedback on your experience with the beta version. Your feedback is valuable to us and will be used to improve the final version of the product.
- No Liability: To the fullest extent permitted by law, we are not liable for any damages, losses, or other consequences that may result from your use of the beta version of the Services.
Changes and Updates: We reserve the right to modify, suspend, or discontinue the beta version of the Services at any time without notice.
Applicability: Any provisions in our Terms and Conditions or Privacy Policy that are contrary to or inconsistent with this Beta Version Disclaimer are not applicable during the beta phase of the Services. This section will supersede any conflicting provisions in those documents.
By continuing to use the beta version of our Services, you acknowledge that you have read, understood, and agreed to these terms.
Age restrictions
To the extent prohibited by applicable law, the Services are not intended for and should not be used by anyone under the age of sixteen. You represent that you are over the legal age. You may not access or use the Services for any purpose if either of the representations in the preceding sentence is not true. Without limiting the foregoing, you must be of legal working age.
Modifications
These terms and conditions may be changed by us at any time. Verify these terms and conditions from time to time to consider the changes we make as they are legally binding for you. Some of the provisions contained in these Terms may also be replaced by provisions or advertisements published elsewhere on our website.
System Requirements
Use of the Services requires one or more compatible devices, Internet access, and certain software and may require obtaining updates or upgrades from time to time. Because the use of the Services involves hardware, software, and Internet access, Your ability to access and use the Services may be affected by the performance of these factors. High-speed Internet access is recommended. You acknowledge and agree that such system requirements, which may be changed from time to time, are Your responsibility.
C. Use of services and your responsibilities
You may only use the Services pursuant to the terms of this Agreement. You are solely responsible for Your use of the Services and shall abide by and ensure compliance with all Laws in connection with Your use of the Services, including but not limited to Laws related to recording, intellectual property, privacy, and export control.
Registration Information
In order to register for and/or use certain Services You may be required to create an account and thus provide information about Yourself. You agree that any such information shall be accurate. You may also be asked to choose a username and password. You are entirely responsible for maintaining the security of Your user name and password and agree not to disclose such to any third party.
Content
Your Content. You may provide input to the Services (“Input”), and receive output from the Services based on the Input (“Output”). Input and Output are collectively “Content.” You are responsible for Content, including ensuring that it does not violate any applicable law or these Terms. You represent and warrant that you have all rights, licenses, and permissions needed to provide Input to our Services.
Ownership of Content. As between you and Surfsite and to the extent permitted by applicable law, you (a) retain your ownership rights in Input and (b) own the Output. We hereby assign to you all our right, title, and interest, if any, in and to Output.
Our Use of Content. We may use Content to provide, maintain, develop, and improve our Services and your experience within our website. We do not train our AI model with your Content.
When you use our Services you understand and agree:- Output may not always be accurate. You should not rely on Output from our Services as a sole source of truth or factual information, or as a substitute for professional advice.
- You must evaluate Output for accuracy and appropriateness for your use case, including using human review as appropriate, before using or sharing Output from the Services.
- You must not use any Output relating to a person for any purpose that could have a legal or material impact on that person, such as making credit, educational, employment, housing, insurance, legal, medical, or other important decisions about them.
- Our Services may provide incomplete, incorrect, or offensive Output that does not represent Surfsite views. If Output references any third party products or services, it doesn’t mean the third party endorses or is affiliated with Surfsite.
Prohibited Use
You agree that You will not use, the Services to: (i) modify, disassemble, decompile, prepare derivative works of, reverse engineer or otherwise attempt to gain access to the source code of the Services; (ii) knowingly or negligently use the Services in a way that abuses, interferes with, or disrupts our networks, Your accounts, or the Services; (iii) engage in activity that is illegal, fraudulent, false, or misleading, (iv) transmit through the Services any material that may infringe the intellectual property or other rights of third parties; (v) build or benchmark a competitive product or service, or copy any features, functions or graphics of the Services; or (vi) use the Services to communicate any message or material that is harassing, libelous, threatening, obscene, indecent, would violate the intellectual property rights of any party or is otherwise unlawful, that would give rise to civil liability, or that constitutes or encourages conduct that could constitute a criminal offense, under any applicable law or regulation; (vii) upload or transmit any software, Content or code that does or is intended to harm, disable, destroy or adversely affect performance of the Services in any way or which does or is intended to harm or extract information or data from other hardware, software or networks of Surfsite or other users of Services; (viii) engage in any activity or use the Services in any manner that could damage, disable, overburden, impair or otherwise interfere with or disrupt the Services, or any servers or networks connected to the Services or Surfsite's security systems. (ix) use the Services in violation of any Surfsite policy or in a manner that violates applicable law, including but not limited to anti-spam, export control, privacy, and anti-terrorism laws and regulations and laws requiring the consent of subjects of audio and video recordings, and You agree that You are solely responsible for compliance with all such laws and regulations.
Limitations on Use
You may not reproduce, resell, or distribute the Services or any reports or data generated by the Services for any purpose unless You have been specifically permitted to do so under a separate agreement with us.
COPYRIGHT
You may not post, modify, distribute, or reproduce in any way copyrighted material, trademarks, rights of publicity or other proprietary rights without obtaining the prior written consent of the owner of such proprietary rights. We may deny access to the Services to any user who is alleged to infringe another party's copyright.
We retain ownership of all proprietary rights in the Services and in all trade names, trademarks, service marks, logos, and domain names associated or displayed with the Services.NO WARRANTIES
YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED "AS IS" AND WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WE MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, REGARDING THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES OR THAT THE SERVICES WILL MEET ANY USER'S REQUIREMENTS, OR BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. USE OF THE SERVICES IS AT YOUR SOLE RISK. ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOU RESULTING FROM THE USE OF THE SERVICES. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SERVICES REMAINS WITH YOU. TWE DO NOT ASSUME ANY RESPONSIBILITY FOR RETENTION OF ANY USER INFORMATION OR COMMUNICATIONS BETWEEN USERS. WE CANNOT GUARANTEE AND WE DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SERVICES. USE IS AT YOUR OWN RISK.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS OR DAMAGE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICES OR THE PROVISION OF OR FAILURE TO PROVIDE TECHNICAL OR OTHER SUPPORT SERVICES, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE) CONTRACT OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.. Because some states and jurisdictions do not allow the exclusion or limitation of liability, the above limitation may not apply to You. These terms don’t limit our liability for death or personal injury, fraud, fraudulent misrepresentation, gross negligence, or willful misconduct.
D. Conflicts of law
These Terms are intended to comply with the laws and regulations from Romania. In the event of any conflict between this Policy and applicable laws and regulations, the latter shall prevail.
E. Contact details
The Customers can raise their questions in relation to their rights or to address any questions in relation to this terms by: Email: contact@surfsite.ai
Each request will be reviewed as soon as possible, but no later than 30 days since its submission.
F. Disclaimers. Publications date
These Terms have been adopted on the date mentioned in the title of the document and will be modified each time if necessary without prior or future notice of the changes. If you use the Services after any such modification or update to this Terms you consent to those modifications or updates. Modifications will not be applied retroactively. The new version will enter into force when published on the website and it will be marked accordingly.
