TERMS OF USE

Effective Date: September, 2023

This Software License Agreement (“Agreement”) governs your access and use of our search enhancement services (“Services”) and the installation and use of the associated software application (“Application”), including any updates, enhancements, new versions, and related documentation. By accepting this Agreement, either by clicking a button indicating your acceptance, downloading, installing, or using the Application and Services, you, the end-user (“User” or “You”), enter into a binding contract with the Application provider (“Provider”, “we”, “us”, or “our”).

Consent to Agreement

Please review this Agreement carefully before installing or utilizing the Application and Services, including all functionalities provided therein. Your acceptance of this Agreement by clicking “AGREE”, downloading, or using the Services constitutes your understanding and agreement to be bound by its terms. If you disagree with any part of this Agreement, you must not use the Services.

Application and Services Description

The Application offers enhanced search functionalities designed to improve your online experience. Note that the Application may modify your browser’s settings or search preferences based on the features you elect to use, including direct web searches and personalized content, ads,  (“Services”). The Services’ performance is contingent upon an active internet connection and may link to external content or websites not controlled or owned by us. You are responsible for reviewing any third-party terms and policies as they govern your interaction with such content.

License Grant and Intellectual Property

Subject to your adherence to this Agreement’s terms, we grant you a non-exclusive, revocable, non-transferable, and non-sublicensable license to access, download, and install the current version of the Application and use the Services for your personal, non-commercial purposes. This license is strictly limited, prohibiting the resale, distribution, or sublicensing of the Application or Services. All intellectual property rights in the Application and Services, including trademarks, service marks, patents, copyrights, and related rights, are owned by us or our licensors and are protected by global intellectual property laws.

User Representations and Use Restrictions

You represent that you are capable of entering into this Agreement, have the necessary permissions if acting on behalf of an organization, and are at least 16 years old. You agree to use the Application and Services according to our instructions and in compliance with all applicable laws. Prohibited actions include, but are not limited to, unauthorized copying, modifying, or reverse engineering of the Application and Services, circumventing security features, using automated systems to interact with the Services, or using the Services for illegal purposes.

Amendments to the Application and Services

We reserve the right to modify, update, or discontinue the Application and Services at our discretion without notice. You agree that we may automatically download and install updates to the Application. We are not obligated to provide any specific features, updates, or bug fixes, and we are not liable for any modifications or discontinuation of the Services.

Privacy Policy Overview

When using the Application and its Search features, you grant permission to both us and external parties to gather, employ, and acquire data related to your interaction with the service. The methods we employ to collect, utilize, and share your data are detailed in our Privacy Policy. We advise you to regularly check our Privacy Policy for updates.

Disclaimers and Limitation of Liability

THE APPLICATION AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES TO THE EXTENT PERMITTED BY LAW. We are not liable for any damages arising from your use of the Application and Services. Our liability is limited to the amount paid for the Services, where permissible by law.

Indemnification

You agree to indemnify and hold harmless the Provider and its affiliates against any claims or damages arising from your use of the Application and Services or violation of this Agreement.

Termination

You may terminate this Agreement at any time by uninstalling the Application and ceasing all use of the Services. We may terminate this Agreement and your access to the Services at our discretion without notice. Upon termination, the rights and licenses granted to you will cease immediately.

Changes to the Agreement

We may modify this Agreement at any time, with changes becoming effective upon posting. We will attempt to notify you of significant changes, but your continued use of the Services after changes have been made constitutes your acceptance of the revised Agreement.

Governing Law

This Agreement is governed by the laws of the State of Israel, excluding its conflict of law principles. Disputes arising under this Agreement will be resolved in the courts of Tel-Aviv, Israel.

Miscellaneous

This Agreement constitutes the entire agreement between you and the Provider regarding the Services. If any provision of this Agreement is found unenforceable, the remainder will remain in full effect. Our failure to enforce any right or provision will not constitute a waiver.

For inquiries or concerns regarding this Agreement or the Services, please contact us at: support@mariposaflow.com.