Search S.C

EULA

Last Modified: February, 2022

This Search App End User License Agreement (“EULA” or “Agreement”) is a legal agreement between Fire Arcade (“Company”, “us” or “we”) which is the legal owner of the various browser add-on extensions or other search software, search mobile applications created, developed or otherwise licensed to the Company (“Search App”), and the user of such Search App and Services (as defined below)(“you” or “user”).

This EULA provides the terms and conditions by which you may use the Search App, including any related features. Additionally, In order to provide the Search App and the Services (as defined below) we may collect and process certain information regarding your use. Please read our Privacy Policy available at: Privacy Policy prior to using the Search App.

BY INSTALLING AND USING THE SEARCH APP, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO THIS EULA. YOU EXPLICITLY AGREE TO USE THE SEARCH APP CONSISTENT WITH THE TERMS OF THIS EULA. YOU FURTHER AGREE TO FULLY COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS REGARDING YOUR USE OF THE SEARCH APP. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA OR ANY PROVISION HEREIN DO NOT INSTALL OR OTHERWISE USE IN THE EXTESION SEARCH IN ANY MANNER WHATSOEVER, AND UNINSTALL WHERE APPLICABLE.

SEARCH APP SERVICES

We develop and provide the Search App which is designed to provide you with enhancing search features. The Search App may, once installed, change your browsers’ and search settings and new tab settings. The Search App may further provide a direct web search, as well as other enhancing features and it will include relevant advertisements based on your searches and preferences (collectively referred to as “Services”).

We reserve the right, at any time and from time to time, at its own discretion, to add Services, to modify, suspend, terminate or discontinue any or all the Services, or any part thereof or any user’s access thereto. Where we assume that such change may affect an existing Service, we will provide you with a prior written notice and you may be able to terminate the Service in accordance with the “Term and Termination” section. Note, any change will not affect your current subscription in the event you use our Premium Plans.

You hereby acknowledge that the descriptions for the search queries, offers, and other information shown within or through our Search App as part of our Services are provided by third-parties that we do not control.

GRANT OF LICENSE AND PROPRIETRY RIGHTS

Under this EULA, you are hereby granted with a limited, non-exclusive, non-transferable, non-sub-licensable and revocable license, to download and use the Search App (“License”). You hereby acknowledge that the License is granted to you subject to compliance with the provisions herein and solely for your non-commercial, personal use and purposes. The Company does not grant you any other rights whatsoever in relation to the Search App. All other rights are expressly reserved by the Company and the Company is the sole owner of the Search App rights.

Additionally, any and all intellectual property rights, title and interest of any kind in and to the Search App, including, without limitations, tradenames, trademarks, logos and any and all modifications, upgrades, derivative works, know-how, technology methods, ideas and inventions, rights in software and computer code (whether in source code, object code or any other form) and all applications and registrations, are and shall remain the exclusive property of the Company and its licensors.

USER REPRESENTATIONS AND WARRANTIES

You hereby represent and warrant that any download, installation, use or access you make in connection to our Search App or the Services is your sole responsibility and at your sole risk. Moreover, you represent and warrant that any use you make of our Search App or Services shall not constitute or otherwise include any prohibited conduct, such as: any unlawful, illegal, harmful use, including, among others, conduct which breaches applicable laws, regulation, rules, applicable policies and third party rights, deletion or modification of any attributions, legal notices or other proprietary designations or labels on our Search App or Services or on any third party material contained or otherwise available therein, interfering or disrupting, or attempting to interfere or disrupt, any computer or network used to provide or support the Services. The use of the Search App and Services shall be made solely in accordance with this EULA, as may be amended from time to time, and solely for the purposes stipulated therein.

By using our Search App, you represent and warrant that you will not:

  • modify, change, edit, alter nor bypass any feature of the Search App;
  • circumvent, interfere or disable the security features of the Search App or degrade its performance in any way;
  • use any malicious codes or automated means, including scraping, crawling, or any robot, spider etc., when accessing the Search App;
  • copy, sell, lease, sublicense, share or distribute the Search App and the License granted herein, or otherwise commercially exploit the Search App and Services;
  • modify, adapt, disassemble, translate, decompile, reverse engineer, make any copies of, circumvent or hack the Search App, or attempt to derive its source code;
  • use the Search App in any fraudulent, unlawful, or harmful, manner;
  • assert any proprietary rights in or to the Search App, or any feature or content therein, nor remove, obscure or alter any notices of proprietary rights; or
  • use the Search App in any way that violates any term of this Agreement.

PLEASE NOTE THAT ANY USE OF THE SEARCH APP IN BREACH OF THIS EULA MAY RESULT, AT COMPANY’S SOLE DISCRETION, IN THE SUSPENSION OR TERMINATION OF YOUR ACCESS AND USE OF THE SEARCH APP, AS WELL AS RESULT IN CIVIL AND CRIMINAL LIABILITY, SUBJECT TO APPLICABLE LAWS.

THIRD PARTY CONTENT

Third parties’ content (“Third Party Content”), websites, webpages, etc. (for example, advertisement and search results) which are not under our control or responsibility will be included as part of the Search App Services and features. The responsibility of such Third Party Content is of the third party advertisers or publishers, therefore we advise you, and it is your obligation, to review the applicable Third Party Content’s terms and policies as they will govern you use once you are linked to the Third Party Content.

We do not provide with any warranty, or guaranty with regards to the Third Party Content and we shall not be responsible for the Third Party Content. The inclusion of such Third-Party Content in the Search App and Services shall not be considered as endorsement on our behalf.

UPDATES AND UPGRADES OF THE SEARCH APP

We reserve the right to update, upgrade or perform other revisions to the Search App and Services. Such updates will not require us to provide you with any notice (prior or otherwise). We shall not be liable for any damages or other effect resulting from any changes, as detailed above. By installing the Search App you approve the downloading and installation of an automatic updates of our Search App. Notwithstanding the above, we have no obligation to provide upgrades or updates.

DISCLAIMER

THE SEARCH APP AND SERVICES ARE PROVIDED BY US “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, OR WARRANTIES REGARDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SEARCH APP IS OR WILL BE FREE OF VIRUSES OR HARMFUL CODE NOR THAT THE SEARCH APP WILL BE ERROR-FREE, OR THAT WE WILL CORRECT ANY ERRORS. THE COMPANY WILL NOT BE HELD RESPONSIBLE OR LIABLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROM TECHNICAL PROBLEMS. WE MAKE NO REPRESENTATION OR WARRANTIES THAT THE SEARCH APP IS OR WILL BE AVAILABLE FOR USE IN ANY SPECIFIC LOCATION OR TIME. YOUR USE OF THE SEARCH APP IS AT YOUR OWN RISK AND RESPONSIBILITY. FURTHERMORE, THE COMPANY IS NOT RESPONSIBLE OR LIABLE TO ANY THIRD-PARTY CONTENT.

LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, THE COMPANY AND ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, SHALL NOT BE HELD LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATIONS, LOST OF PROFITS OR DATA, OR DAMAGES TO EQUIPMENT, ARISING OUT OF THE USE OR INABILITY TO USE THE SEARCH APP EVEN IF THE COMPANY OR ANYONE ON ITS BEHALF, HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

WITHOUT CONTRADICTING THE FOREGOING, IN NO EVENT SHALL THE COMPANY’S LIABILITY FOR ALL EXCEED THE ACTUAL PRICE PAID BY YOU FOR YOUR USE OF THE SEARCH APP AND SERVICES OR TEN DOLLARS (10$), WHICHEVER IS LESS.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless the Company and its directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Search App or Services; (ii) any breach of the term of the EULA by you; (iii) your infringement of any third party rights, including, among others, any copyright, intellectual property right or privacy right; or (iv) any claim that one of your act or omission caused damage to a third party; (v) your breach of any law, rule or regulation as applicable to you in connection with the Search App or Services; (v any other party’s access and use of the Services with your unique username, password or other appropriate security code.

TERM AND TERMINATION

At any time, each party may terminate this EULA, which shall be in effect as of the date in which you install the Search App. You may uninstall the Search App by using the standard uninstall procedure In your device settings.

Upon termination of this EULA the License shall be automatically terminated as well.

The Company may cease the operation of the Search App and Services at any time. The Company shall not be liable to you or any third party for any of the foregoing. The provisions of this EULA, which by their nature should survive any such action on our part, shall survive.

PRIVACY

We care about your privacy and wish to protect your privacy. Hence, you may be asked to submit or enable the transmission of certain personal information, which may be required for the operability of our Search App or Services. To the extent you choose to use or access certain features of the Search App or Services you hereby expressly agree to the collection, transmission, storage or processing of such personal information as set forth in our Privacy Policy.

AMENDMENTS OF THIS AGREEMENT

This EULA may be amended or revised from time to time at the Company’s sole discretion; the date of the most updated EULA shall be indicated in the “Last Modified” date. Please note that we do not guarantee to provide with a notification upon performing amendments to this EULA. The changes and revisions to this EULA shall be effective upon the publication of the revised EULA and your continuous use shall be considered as your acceptance of the revised EULA, so please make sure to review this EULA from time to time.

GENERAL TERMS

  • Governing Law: this EULA shall be governed by the laws of the England and Wales, without giving effect to any principles of conflicts of law. Any claim, controversy, or dispute arising under, related to, or otherwise in connection with this EULA, the Search App and Services, will be exclusively resolved in the competent courts located in United Kingdom. The limitation regarding any claim to the Search App shall be limited to twelve (12) months as of the applicable claim, and will be permanently barred afterwards.
  • Force majeure: the Company shall not be deemed in breach of this EULA if the Company is unable to provide the Search App, Services or any portion thereof by reason of earthquake, labor dispute, shortages, riots, insurrection, fires, flood, storm, explosions, internet outages, global pandemic or any act of good or any local, state, federal, national or international law, governmental order or regulation or any other event beyond Company’s control.
  • Entire Agreement: this EULA and any amendments shall constitute the entire understanding between the parties with respect to the Search App and Services. If any part of this EULA is later decided to be unenforceable or void, it will not affect the validity of the remaining provision of this EULA, which shall remain valid and enforceable.
  • Assignment: you may not assign or transfer this EULA, the License, or any right or obligation herein. The Company expressly reserves the right, at its sole discretion, to assign this EULA and to delegate any of its obligations detailed herein.
  • Waiver: Company’s failure to act with respect to a breach by you or others does not waive the Company’s right to act with respect to subsequent or similar breaches.

CONTACT US

If you have any questions regarding this EULA, you may contact us at: support@firearcade.app