Terms of Service
Welcome to LupaSearch!
These Terms of Service (“Terms”, “Terms of Service”, “Agreement”, or “Service Agreement”) govern your relationship with the LupaSearch Service (the “Service”) operated by LupaSearch, joint-stock company (“us”, “we”, or “our”). It is important that you read this carefully because you will be legally bound to these terms.
Your access to and use of the Service is based on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, customers, and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms and accept all legal consequences. If you do not agree to the terms and conditions of this Agreement, in whole or in part, please do not use the Service.
Description of Service
The “Service” means (a) LupaSearch"s online shop product search engine optimization system, as well as the website https://www.lupasearch.com (the “Site”), and (b) all software (including the Software, as defined below), applications, data, text, images, and other content made available by or on behalf of LupaSearch. Any modifications to the Service are also subject to these Terms. All rights, title and interest in and to the Service will remain with and belong exclusively to LupaSearch.
License fee and payment procedure
You shall pay to the LupaSearch for the usage of LupaSearch solution License fee set out in the Special Terms. The License fee shall be calculated under the procedure set out in the Special Terms with the integration costs (if applicable). Billing cycles are set on a regular basis, typically monthly or yearly.
All payments under the Agreement shall be made in euros (EUR) to the bank account of the Licensor specified in the invoice.
You further agree to be responsible for all taxes associated with the Service, along with any transaction fees and currency conversions added by your financial institution and intermediaries.
The Service and all contents, including but not limited to text, images, graphics or code are the property of LupaSearch, joint-stock company, and are protected by copyright, trademarks, database and other intellectual property rights. You may display and copy, download or print portions of the material from the different areas of the Service only for your own non-commercial use. Any other use is strictly prohibited and may violate copyright, trademark and other laws. These Terms do not grant you a license to use any trademark of LupaSearch, joint-stock company, or its affiliates. You further agree not to use, change or delete any proprietary notices from materials downloaded from the Service.
“Your Data” means any data and content which you upload, store, retrieve, or otherwise make available through the Service. You retain all of the rights to Your Data. You agree to grant LupaSearch, a joint-stock company, a license to store, retrieve, backup, restore, and otherwise copy Your Data so that we may provide you with the Service.
Links To Other Web Sites
The Service may contain links to third-party web sites or services that are not owned or controlled by LupaSearch.
LupaSearch, has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that LupaSearch, joint-stock company, shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
You are entitled to cease using our Services at any time and for any reason by notifying us no later than 90 (ninety) calendar days prior the planned termination of the Agreement.
The Agreement may also be terminated: (a) by a written agreement between the parties; (b) by written notice of 30 (thirty) calendar days if the Parties fail to reach agreement on the amount of the License fee after the first year of performance of the Agreement; (c) by the Licensee giving 30 (thirty) calendar days written notice to the Licensor and upon giving the Licensor 30 (thirty) days to optimize the LupaSearch and perform any other necessary actions; (d) at the event of a material breach of the Agreement committed by the Party, by a written notice of the other Party, if such notice is given to the other Party no later than 30 (thirty) calendar days prior the planned termination of the Agreement and only after the Party which has committed a material breach of the Agreement was informed about the breach and did not eliminate such breach within 20 (twenty) calendar days, given such material breach can be eliminated.
Limitation Of Liability
LupaSearch, joint-stock company, its directors, employees, partners, agents, suppliers, or affiliates, shall not be liable for (A) any loss or damage, indirect, incidental, special, consequential or punitive damages, including without limitation, economic loss, loss or damage to electronic media or data, goodwill, or other intangible losses, or (B) for any amount in the aggregate in excess of the License fee paid by the Licensee during the performance of the Agreement, resulting from (i) your access to or use of the Service; (ii) your inability to access or use the Service; (iii) any conduct or content of any third-party on or related to the Service; (iv) any content obtained from or through the Service; and (v) the unauthorized access to, use of or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other claim in law, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Disclaimer And Non-Waiver of Rights
LupaSearch, joint-stock company, makes no guarantees, representations or warranties of any kind as regards the website and associated technology. Any purportedly applicable warranties, terms and conditions are excluded, to the fullest extent permitted by law. Your use of the Service is at your sole risk.
The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance, except as provided for under the laws of the Republic of Lithuania.
LupaSearch, joint-stock company, its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
If you breach any of these Terms and LupaSearch, joint-stock company, chooses not to immediately act, or chooses not to act at all, LupaSearch will still be entitled to all rights and remedies at any later date, or in any other situation, where you breach these Terms. LupaSearch does not waive any of its rights. LupaSearch shall not be responsible for any purported breach of these Terms caused by circumstances beyond its control. A person who is not a party to these Terms shall have no rights of enforcement.
You may not assign, sub-license or otherwise transfer any of your rights under these Terms.
These Terms shall be governed by, and interpreted and enforced in accordance with, the laws in the Republic of Lithuania, as applicable.
If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, then any remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements, oral or otherwise, regarding the Service.
All disputes and questions whatsoever which shall arise between LupaSearch, joint-stock company, and you in connection with this Service Agreement, or the construction or application thereof or any provision contained in this Service Agreement or as to any act, deed or omission of any party or as to any other matter in any way relating to this Service Agreement, shall be resolved by arbitration. Such arbitration shall be conducted by a single arbitrator.
The arbitrator shall be appointed by agreement between the parties or, in default of such agreement, such arbitrator shall be appointed by a Judge of the The Supreme Court of Lithuania sitting in Vilnius, upon the application of any of the parties and such judge shall be entitled to act as such arbitrator, if he or she so desires.
Unless otherwise agreed to by the parties, arbitration shall be held in the City of Vilnius. The procedure to be followed shall be agreed to by the parties or, in default of such agreement, determined by the arbitrator. The arbitration shall proceed in accordance with the provisions of the Arbitration Act 1996 (The Seimas of the Republic of Lithuania). The arbitrator shall have the power to proceed with the arbitration and to deliver his or her award notwithstanding the default by any party in respect of any procedural order made by the arbitrator.
The decision arrived at by the arbitrator shall be final and binding and no appeal shall lie therefrom. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will make reasonable efforts to provide at least 30 days" notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the website and the Service.
The Change Log section below is not a part of these Terms, nor is the Terms of Service archive or any content linked therefrom.
If you have any questions about these Terms, you can contact our support team.
or write us by mail at:
K. Donelaičio g. 60