Last updated: June 5, 2023
Ascerta Ltd. and/or its affiliates (“SERP Brain”, “we” or “us”) operate a Software as a Service (“SaaS”), product (“SERP Brain”) located at serpbrain.ai from which you may purchase products and services (“SERP Brain subscriptions/credits”).
These Terms of Use apply to the content and functionality of SERP Brain, and to the SERP Brain Products. These Terms of Use do not apply to products or services that we make available pursuant to different terms, such as our payment processing services, which are governed by the Stripe Services Agreement.
1. Information that you provide to us
You may give us information about yourself when you visit SERP Brain. Our Privacy Policy explains our practices with respect to that information. We may need to send you email and text messages in order to, for example, verify your identity or provide you with important information. You authorize us to send those messages when you visit SERP Brain and provide your contact details.
2. SERP Brain IP
As between you and SERP Brain, SERP Brain and its licensors exclusively own all rights, title, and interest in the patents, copyrights (including rights in derivative works), moral rights, rights of publicity, trademarks or service marks, logos and designs, trade secrets, and other intellectual property embodied by, or contained in SERP Brain (collectively, ” SERP Brain IP”). SERP Brain IP is protected by copyright, trade secret, patent, and other intellectual property laws, and all rights in SERP Brain IP not expressly granted to you in these Terms of Use are reserved.
You may choose to or we may invite you to submit comments or ideas about improvements to SERP Brain or our products or services (“Ideas”). If you submit an Idea to us, we will presume that your submission was voluntary, unsolicited by us, and delivered to us without any restrictions on our use of the Idea. You also agree that SERP Brain has no fiduciary or any other obligation to you in connection with any Idea you submit to us, and that we are free to use your Ideas without any attribution or compensation to you.
3. Access to SERP Brain
SERP Brain grants you a limited, revocable, non-exclusive, non-transferable license to access the SERP Brain. This license does not include a right to use any of the content and information, including product listings. Our Marks Usage Agreement sets out the terms and conditions that apply to your use of our logos. Your permissions and/or licenses are automatically terminated by any unauthorized use.
4. Products, Content and Specifications
Details of the products and services available for purchase in SERP Brain (“SERP Brain Products”) are set out in the SERP Brain pricing page. All features, content, specifications, products and prices of products and services described or depicted in this SERP Brain pricing page are subject to change at any time without notice. Occasionally, the availability of a certain product or service may be delayed for a number of reasons. In such event, we will make reasonable efforts to notify you of the delay and keep you informed of the progress. By placing an order, you represent that the products ordered will be used only in a lawful manner.
5. Subscriptions
a. Subscription terms. We may offer you the ability to purchase subscriptions via SERP Brain. Terms specific to a subscription will be disclosed to you at or prior to the time at which you purchase the subscription, and by purchasing the subscription you are agreeing to those terms.
b. Free trials and promotional periods. If a subscription commences with a free trial or a promotional period, you will have the right to cancel the subscription prior to the end of the trial or period. If we do not provide you with an online cancellation mechanism, then you may exercise this cancellation right by contacting us. Free trials and promotional periods can be cancelled via the link in your SERP Brain profile. The length of trial and subsequent billing date is stated at the time of checkout and in the “Subscriptions” section of your SERP Brain profile. If you do not cancel, we will bill you at the end of the free trial or promotional period, and your subsequent cancellation rights will be in accordance with the terms specific to the subscription.
c. Cancellation. You may cancel your subscription via the “Manage Subscription” link in your profile. Cancelled subscriptions will continue until the end of the current billing period. An active subscription is required in order to view historical data within SERP Brain. SERP Brain reserves the right to delete data for accounts without an active subscription without notice.
d. Refunds. Refunds may be requested if credits or services for the billed period have not been used subject to valid reasons and internal checks.
6. Your account
We may require that you create an account to access SERP Brain, including to make purchases. If we do so, you must provide accurate information about yourself when you create an account and ensure that you update us if that information changes. You must ensure that your login details remain confidential. You are responsible for any activity, including any purchases made, under your account. We reserve the right to terminate your account at any time and for any reason.
7. No warranties
We provide SERP Brain, SERP Brain IP and SERP Brain Products “as is” and “as available”, without any express, implied, or statutory warranties of title, merchantability, fitness for a particular purpose, noninfringement, or any other type of condition, warranty or guarantee. No data, documentation or any other information provided by SERP Brain or obtained by you from or through SERP Brain – whether from SERP Brain or another entity, and whether oral or written – creates or implies any warranty from SERP Brain to you.
SERP Brain disclaims any knowledge of, and does not guarantee: (a) the accuracy, reliability, or correctness of any data provided through SERP Brain; (b) that SERP Brain Products will meet your specific needs or requirements; (c) that SERP Brain will be available at any particular time or location, or will function in an uninterrupted manner or be secure; (d) that SERP Brain will correct any defects or errors in SERP Brain; or (e) that the SERP Brain is free of viruses or other harmful code. Use of data, products or services that you access, purchase or download through SERP Brain is done at your own risk – you are solely responsible for any damage to your property, loss of data, or any other loss that results from such access, purchase or download.
Nothing in these Terms of Use operates to exclude, restrict or modify the application of any implied condition, warranty or guarantee, or the exercise of any right or remedy, or the imposition of any liability under law to the extent that doing so would: (a) contravene that law; or (b) cause any term of this agreement to be void.
8. Limitation of liability
Under no circumstances will SERP Brain be responsible or liable to you for any indirect, punitive, incidental, special, consequential, or exemplary damages resulting from your use or inability to use SERP Brain or for the unavailability of SERP Brain, or for lost profits, personal injury, or property damage, or for any other damages arising out of, in connection with, or relating to these Terms of Use or your use of SERP Brain, even if such damages are foreseeable, and whether or not you or SERP Brain has been advised of the possibility of such damages. SERP Brain is not liable, and denies responsibility for, any damages, harm, or losses to you arising from or relating to hacking, tampering, or other unauthorized access or use of SERP Brain or your failure to use or implement anti-fraud measures, security controls, or any other data security measure. SERP Brain further denies responsibility for all liability and damages to you or others caused by (a) your access or use of the SERP Brain inconsistent with our instructions; (b) any unauthorized access of servers, infrastructure, or data used in connection with SERP Brain; (c) any bugs, viruses, or other harmful code that may be transmitted to or through SERP Brain; (d) any errors, inaccuracies, omissions, or losses in or to any data provided to us; (e) third-party content provided by you; or (f) the defamatory, offensive, or illegal conduct of others.
You agree to limit any additional liability not disclaimed or denied by SERP Brain in relation to SERP Brain, SERP Brain IP, and SERP Brain Products, to your direct and documented damages; and you further agree that under no circumstances will any such liability exceed in the aggregate the greater of the amounts paid by you to SERP Brain during the three-month period immediately preceding the event that gave rise to your claim for damages, and USD $20.
These limitations on our liability to you will apply regardless of the legal theory on which your claim is based, including contract, tort (including negligence), strict liability, or any other theory or basis.
Class Waiver: To the fullest extent permitted by law, each of the parties agrees that any dispute arising out of or in connection with these Terms of Use, whether in arbitration or in court, will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim or dispute proceeds in court rather than through arbitration, each party knowingly and irrevocably waives any right to trial by jury in any action, proceeding or counterclaim arising out of or relating to these Terms of Use or any of the transactions contemplated between the parties.
9. Modification and severability
We have the right to change or add to the terms of these Terms of Use at any time, solely with prospective effect, and to change, delete, discontinue, or impose conditions on use of SERP Brain by posting such changes on our website or any other website we maintain or own. You can access a copy of the current version of these Terms of Use on our website at any time. You can find out when these Terms of Use were last changed by checking the “Last updated” date at the top of the page.