Legal Terms of Service

Last updated: July 11, 2023

From everyone at SearchAPI, thank you for using our product! We build it to help you do your best work. Because we don’t know every one of our customers personally, we have to put in place some Terms of Service to help keep the ship afloat.

When we say “Company”, “we”, “our”, or “us” in this document, we are referring to SearchApi, LLC.

When we say “Services”, we mean any product created and maintained by SearchApi, LLC.

When we say “You” or “your”, we are referring to the people or organizations that own an account with one or more of our Services.

We may update these Terms of Service in the future.

When you use our Services, now or in the future, you are agreeing to the latest Terms of Service. That’s true for any of our existing and future products and all features that we add to our Services over time. There may be times where we do not exercise or enforce any right or provision of the Terms of Service; in doing so, we are not waiving that right or provision. These terms do contain a limitation of our liability.

If you violate any of the terms, we may terminate your account. That’s a broad statement and it means you need to place a lot of trust in us. We do our best to deserve that trust by being transparent, reliable, and keeping an open door to your feedback.

Account Terms

  1. You are responsible for maintaining the security of your account and password. The Company cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. We recommend users set up two-factor authentication for added security.
  2. You may not use the Services for any illegal activities, including but not limited to cyber criminality, terrorism, child pornography, denial of service attacks, war crimes, unauthorized access to systems, or any other actions that violate U.S. federal laws.
  3. You must be a human. Accounts registered by “bots” or other automated methods are not permitted.

Payment and Plan Changes

  1. If you are using a free version of one of our Services, it is really free. We reserve the right to cancel free version of our Services, but we do not have intentions to do so.
  2. For paid Services that offer a free trial, we explain the length of trial when you sign up. After the trial period, you need to pay in advance to keep using the Service. If you do not pay, we will freeze your account and it will be inaccessible until you make payment. If your account has been frozen for a while, we will queue it up for auto-cancellation.
  3. If you are upgrading from a free plan to a paid plan, we will charge your card immediately and your billing cycle starts on the day of upgrade.
  4. If you are upgrading from a paid plan, we will charge your card immediately and your billing cycle starts on the day of upgrade. Any unused searches from the previous plan will be given as extra credits in our system.
  5. If you are downgrading plan, we will change plans at the end of the billing cycle. You can switch up your mind anytime until that.
  6. If you cancel the plan, you can still use our Services until the end of the billing cycle.

Refunds

We provide a complete refund if requested within 7 days from the date of subscription to a plan, provided that you have not utilized more than 20% of your allotted searches.

Cancellation and Termination

  1. You are solely responsible for properly canceling your account. Within each of our Services, we provide a simple no-questions-asked cancellation link. An email or phone request to cancel your account is not automatically considered cancellation. If you need help cancelling your account, you can always contact our Support team.
  2. If you cancel the Service before the end of your current paid up month, your cancellation will take effect at the end of the billing cycle, and you will not be charged again. We do not automatically prorate unused searches/credits in the last billing cycle.
  3. We have the right to suspend or terminate your account and refuse any and all current or future use of our Services for any reason at any time. Suspension means you and any other users on your account will not be able to access the account or any content in the account. Termination will furthermore result in the deletion of your account or your access to your account, and the forfeiture and relinquishment of all content in your account. We also reserve the right to refuse the use of the Services to anyone for any reason at any time. We have this clause because statistically speaking, out of thousands of accounts on our Services, there is at least one doing something nefarious.
  4. Verbal, physical, written or other abuse (including threats of abuse or retribution) of Company employee or officer will result in immediate account termination.

Modifications to the Service and Prices

  1. Sometimes we change the pricing structure for our products. When we do that, we tend to exempt existing customers from those changes. However, we may choose to change the prices for existing customers. If we do so, we will give at least 30 days notice and will notify you via the email address on record. We may also post a notice about changes on our websites or the affected Services themselves.
  2. We reserve the right to discontinue or modify any part of our Services or their content at our discretion and without prior notice.
  3. We will not be held liable to you or any third party for any alterations, price changes, suspensions, or discontinuation of our Services.

Features and Bugs

We design our Services with care, based on our own experience and the experiences of customers who share their time and feedback. However, there is no such thing as a service that pleases everybody. We make no guarantees that our Services will meet your specific requirements or expectations.

We also test all of our features extensively before shipping them. As with any software, our Services inevitably have some bugs. We track the bugs reported to us and work through priority ones, especially any related to security or privacy. Not all reported bugs will get fixed and we don’t guarantee completely error-free Services.

Uptime, Security, and Privacy

  1. Your use of the Services is at your sole risk. We provide these Services on an “as is” and “as available” basis.
  2. We take many measures to protect and secure your data through backups, redundancies, and encryption. We enforce encryption for data transmission from the public Internet. There are some edge cases where we may send your data through our network unencrypted.
  3. When you use our Services, you entrust us with your data. We take that trust to heart. You agree that SearchApi may process your data as described in our Privacy Policy and for no other purpose. We as humans can access your data for the following reasons:
    • To help you with support requests you make.
    • On the rare occasions when an error occurs that stops an automated process partway through. We get automated alerts when such errors occur. When we can fix the issue and restart automated processing without looking at any personal data, we do. In rare cases, we have to look at a minimum amount of personal data to fix the issue. In these rare cases, we aim to fix the root cause as much as possible to avoid the errors from reoccurring.
    • To safeguard SearchApi. We’ll look at logs and metadata as part of our work to ensure the security of your data and the Services as a whole. If necessary, we may also access accounts as part of abuse investigation.
    • To the extent required by applicable law. As a US company with all data infrastructure located in the US, we only preserve or share customer data if compelled by a US government authority with a legally binding order or proper request under the Stored Communications Act. If a non-US authority approaches SearchApi for assistance, our default stance is to refuse unless the order has been approved by the US government, which compels us to comply through procedures outlined in an established mutual legal assistance treaty or agreement mechanism. If SearchApi is audited by a tax authority, we only share the bare minimum billing information needed to complete the audit.
  4. We use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Services. You can see a list of all subprocessors who handle personal data for SearchApi.
  5. Under the California Consumer Privacy Act (“CCPA”), SearchApi is a “service provider”, not a “business” or “third party”, with respect to your use of the Services. That means we process any data you share with us only for the purpose you signed up for and as described in these Terms of Service and Privacy policy. We do not retain, use, disclose, or sell any of that information for any other commercial purposes unless we have your explicit permission. And on the flip-side, you agree to comply with your requirements under the CCPA and not use SearchApi Services in a way that violates the regulations.

Copyright and Content Ownership

  1. All content posted on the Services must comply with U.S. copyright law.
  2. We claim no intellectual property rights over the material you provide to the Services. All materials uploaded remain yours.
  3. We do not pre-screen content, but reserve the right (but not the obligation) in our sole discretion to refuse or remove any content that is available via the Service.
  4. The names, look, and feel of the Services are copyright© to the Company. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML, CSS, JavaScript, or visual design elements without express written permission from the Company. The exception for usage of company name and logo is mentioned under “Promotional Content” section in this Terms of Services.
  5. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services without the express written permission by the Company.
  6. You must not modify another website so as to falsely imply that it is associated with the Services or the Company.

Data Licensing

Through the SearchApi Service, SearchApi gathers and generates specific Data by aggregating information from publicly available web pages using SearchApi’s proprietary technology.

The Data available via SearchApi may include third-party content (such as text, images, and videos). The responsibility for such content lies solely with the individuals or entities that provide it. Some public-domain content accessible through SearchApi may also be subject to intellectual property rights. In such cases, you may only use the content if you have the appropriate license or are otherwise permitted by law.

Unless required by law or explicitly allowed by the owner, you must not, and must not allow your end-users or others acting on your behalf, to engage in the following activities with the Data obtained from the API:

  1. Misrepresent the ownership or source of the Data.
  2. Alter, remove, or conceal any copyright, trademark, or other proprietary notices associated with the Data.
  3. Falsify or delete any author attributions, legal notices, or other labels that indicate the origin or source of the material.

Accuracy of Information

The information and materials provided on our website and through our Services, including but not limited to data returned via the API, may contain technical, typographical, or photographic errors. We do not guarantee that any of the information or materials on our website or provided through our Service are accurate, complete, or up-to-date. While we strive to maintain the accuracy and relevance of the information, we may make changes to the content on our website or within our Service at any time without prior notice. However, we are under no obligation to update or revise any information or materials.

The content on our website and within our Service is intended for general informational purposes only and should not be relied upon as the sole basis for making decisions. It is your responsibility to verify and consult primary, more accurate, more complete, or more timely sources of information before making any decisions based on the content provided on our website or through our Services. Any reliance on the information or materials available on our website or through our Services is at your own risk.

Our website may contain historical information, which, by its nature, is not current and is provided for reference purposes only. We reserve the right to modify the content of our website and Services at any time, and it is your responsibility to monitor any changes that may occur.

Third-Party Links and Content

Our Services may provide access to content, products, and services from third parties, including links to external websites not affiliated with us. We have not reviewed all the sites linked to our website, and we are not responsible for the content, accuracy, or actions of any such linked sites or third-party materials. The inclusion of any link or third-party content does not imply our endorsement or approval of the site or its contents.

We will not be held liable for any harm or damages related to the use, purchase, or transactions made in connection with any third-party websites, materials, products, or services. We recommend that you carefully review the third party’s policies, practices, and terms before engaging in any transaction or using their content. Any complaints, claims, concerns, or questions regarding third-party products or services should be directed to the respective third party.

Prohibited Uses

In addition to other prohibitions as set forth in these Terms of Service, you are prohibited from using our Services or any data obtained from it in any of the following ways: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of our Services or of any related website, other websites, or the Internet; (h) to interfere with or circumvent the security features of our Services or any related website, other websites, or the Internet; (i) to resell, redistribute or offer our Services to a third-party without prior written consent from us. We reserve the right to terminate your use of our Services for violating any of the prohibited uses.

Liability

We take the quality of our services seriously, but we can’t guarantee that our services will be error-free or uninterrupted. By using our services, you agree that you are assuming the risk of any potential problems or damages.

We are not responsible for any direct, indirect, incidental, punitive, or consequential damages resulting from your use of our services or any products or services purchased through our services. This includes but is not limited to lost profits, lost revenue, lost savings, or any other economic loss, even if we have been advised of the possibility of such damages.

We do not make any representations or warranties about the accuracy, completeness, or reliability of the information or content provided through our services. You agree that any reliance on such information or content is at your own risk.

Except for the Developer plan, we, under the “Legal U.S. Shield”, will assume the liabilities related to the extraction and analysis of search engine results for both U.S. and non-U.S. companies. This promise, however, does not cover your use of our services for any unlawful activities. Prohibited activities include, but are not limited to, cybercrimes, terrorism, child pornography, denial of service attacks, war crimes, or any other actions that would violate U.S. federal law.

In no event shall we be liable to you or any third party for any damages arising from or related to your use of our services, whether in contract, tort (including negligence), strict liability, or any other legal theory. Our liability shall be limited to the maximum extent permitted by applicable law.

By using our services, you agree to indemnify and hold us harmless from any claims, damages, or expenses arising from your use of our services or any violation of these terms of service.

In other words: choosing to use our Services does mean you are making a bet on us. If the bet does not work out, that’s on you, not us. We do our darnedest to be as safe a bet as possible through careful management of the business; investments in security, infrastructure, and talent. If you choose to use our Services, thank you for betting on us.

Indemnification

You agree to indemnify, defend and hold harmless the SearchApi LLC, its parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, and employees from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service, your violation of any law or the rights of a third-party, or your use of the Service. You will also defend, indemnify and hold the SearchApi LLC harmless against any third-party claims, liabilities, or expenses incurred (including reasonable attorneys’ fees), as well as amounts finally awarded in a settlement or by a court arising from any claim or allegation by a third-party arising out of: (i) allegations that your use of the Service infringes or misappropriates any trademark, copyright, or other intellectual property of any third-party, (ii) your use of Data, (iii) the Service that is modified by you if the alleged infringement relates to such modification; (iv) the Service that is combined with any of your product, process, or materials where the alleged infringement relates to such combination; (v) your use of a version of the Service other than the version that was current at the time of such use; (vi) infringement or misappropriation of any proprietary right in which you have an interest; or (vii) your breach or alleged breach of any of your obligations or representations under this Agreement.

Service Level Agreement

We are committed to providing you with reliable service, and as part of our commitment, we offer a 99.9% Service Level Agreement (SLA) guarantee for all our plans. If we fail to meet this guarantee, we take full responsibility and will provide you with credits up to 100% of your monthly plan price on your next invoice. We understand that downtime can cause significant disruption to your business, so we want to make it right by compensating you for any inconvenience caused. Our SLA guarantee comes with a 100% penalty, meaning that we take this guarantee very seriously and will do everything we can to ensure that we meet our uptime commitments.

Promotional Content

Unless you express otherwise, we reserve the right to feature your company name and logo in various forms of content, including case studies, promotional materials, and other publications. Likewise, you are permitted to use our company name and logo in similar types of content, provided that we have not explicitly objected to such usage.

Contact Information

If you have a question about any of the Terms of Service, please contact our Support team.

Adapted from the Basecamp open-source policies / CC BY 4.0