The agreement governing your use of the Rapid Search system, website, services, and accompanying materials.
By purchasing our products and services, continuing to review our website and accompanying materials, and by clicking on "I accept the terms and conditions", you are entering into a contract with Rapid Search Zrt. (Address: 4028 Debrecen, Kassai út 129, Hungary; registration number: 09-10-000611; EU tax number: HU28958875), operator of the RAPID SEARCH system and features (collectively "RAPID SEARCH"), and are agreeing to the Terms and Agreement for use of RAPID SEARCH, along with any amendments thereto and any operating rules or policies that may be published from time to time (the "Terms"). These Terms govern your use of the RAPID SEARCH website ("Website"), services ("Services"), and any other information or materials ("Accompanying Materials") provided by RAPID SEARCH.
1
Acceptance of Terms
You agree that you have read and understand, and have the capacity and authority to accept, agree to and be bound by these Terms.
Read these Terms carefully. If you do not agree, do not click "I accept the terms and conditions" and do not use our services, website, or accompanying materials.
These Terms may be modified from time to time at the sole discretion of RAPID SEARCH. Such changes are effective immediately upon the earliest of (a) RAPID SEARCH's email notification advising you of such changes, (b) your electronic acceptance of the Terms after changes have been made as indicated by the "Date of Last Revision" at the top of the Terms, or (c) your continued use of the Services after RAPID SEARCH posts the updated Terms to rapidsearch.app. When using particular RAPID SEARCH services, you and RAPID SEARCH will also be subject to any posted guidelines or rules applicable to such Services.
2
This is an Electronic Contract
You acknowledge that your electronic submissions constitute your agreement and intent to be bound by and to pay for such agreements and purchases of products and services. Your agreement to be bound by electronic submissions applies to all records relating to all transactions you enter into with RAPID SEARCH, including any notices of cancellation, policies, contracts, and applications.
In order to use the RAPID SEARCH Website and to access and retain electronic records, you may be required to have certain hardware and software, which are your sole responsibility. RAPID SEARCH is not responsible for typographic errors in these Terms, on our Website, in descriptions of Products and Services, or in Accompanying Materials.
3
Description of Services
RAPID SEARCH provides on-site search engine features for online stores.
Any new features or tools which are added to the current system shall also be subject to this contract.
4
Account
As a registered user of RAPID SEARCH, you may establish an account ("Account") on our Website.
You acknowledge that RAPID SEARCH will use the email address provided during Account registration as the primary method for communication.
You are responsible for keeping your password and Account secure. RAPID SEARCH cannot and will not be liable for any loss or damage that results from failure to maintain the security of your Account and password.
You are responsible for all activity and content (data, graphics, photos, and links) uploaded under your Account. You must secure the rights for use of any content, and must not transmit any worms, viruses, or code of a destructive nature.
These Terms constitute an agreement for use of a Segment, and you are not granted a license to any software. You will not, directly or indirectly: reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure of the Segment or any Software; modify, translate, or create derivative works; copy (except for archival purposes), distribute, pledge, assign, or otherwise transfer or encumber rights; use the Segment for timesharing or service bureau purposes; or remove any proprietary notices or labels.
5
Payment
In consideration of the Segment provided, you will pay RAPID SEARCH all fees due according to the prices and terms agreed in this contract.
By agreeing to these terms and paying all fees due, you (or the company or organization you are fully authorized to represent) will be a "Customer" of RAPID SEARCH.
RAPID SEARCH reserves the right to modify its pricing and terms at any time, effective immediately upon the next renewal, billing period, upgrade or downgrade with notice to Customer. A valid credit card is required to process payment. RAPID SEARCH will automatically charge the card on file based on the Customer's billing cycle (monthly, partial yearly, or yearly) until the Segment is validly terminated.
Within five working days of settlement of the payment amount, RAPID SEARCH produces an electronic invoice. All billing invoices and payment notifications are maintained directly in the Customer's Account Portal.
The rental fee of the Segment (rentable as an online service) includes the continuous operation of the software defined herein.
RAPID SEARCH plans are based on a limit of the number of visitors to your domain(s), which varies based on the plan chosen. Counting of visitors starts on the first day of every month. Should you pay before the course of a month, counting still begins at the first of every month.
Visitor counting is based on the number of unique visitors — a one-time visitor that visits your website in a given month. Each unique visitor is only counted once regardless of how often they return within a given month. A visitor who returns 1, 2, or even 10 times in the same month still counts as one unique visitor.
6
Rapid Search Rights & Obligations
All RAPID SEARCH products and services, website, and accompanying materials are provided as-is, with no guarantee or warranty expressed or implied.
RAPID SEARCH will immediately notify the Customer if it becomes aware of any circumstances that would impact the performance of the services or website, and will keep the Customer informed during the process to remedy any deficiencies caused by RAPID SEARCH.
At no time shall RAPID SEARCH be liable for loss or damages resulting from the use of the RAPID SEARCH system, or any deficiencies of performance, whether or not these deficiencies are the result of any negligence on the part of RAPID SEARCH.
RAPID SEARCH staff is entitled to log in to the Customer's Segment for maintenance purposes.
7
Customer Rights & Obligations
The Customer is required to provide RAPID SEARCH the assistance required to deliver service, and is responsible for treating, recording, and administering the products found in the Segment in all cases.
RAPID SEARCH does not participate in the sales process registered in the Customer's Segment. These Terms do not imply any business relationship or sales partnership; the only relationship is for the use of RAPID SEARCH as outlined herein.
RAPID SEARCH has no relationship and no liability, expressed or implied, with the people to whom the Customer displays the Segment. The Customer is solely liable for the content and solidity of data found in the Segment and to anyone who views it.
The Customer assumes all legal obligations required in connection with the website and Segment operation (e.g., all-time valid indication of company data) and must set any changes to the company's information in the Segment administration interface. In the event of failure to provide updated information or respond to queries, RAPID SEARCH is entitled to suspend the publicly accessible portion of the Service until the Customer completes the documents.
The Customer declares awareness of the rules of internet mail sending. RAPID SEARCH is not responsible for the content of the data traffic generated during use of the Service.
The Customer grants RAPID SEARCH a non-exclusive right and license to use the Customer's name, trade names, trademarks, and service marks ("Customer's Marks"): (a) on RAPID SEARCH's own websites, (b) in printed and online advertising, publicity, directories, newsletters, and updates describing RAPID SEARCH's Services, and (c) in applications reasonably necessary and ancillary to the foregoing.
8
Customer Service
RAPID SEARCH provides support to the Customer, including a dedicated account manager responsible for campaign settings who will also monitor the performance of RAPID SEARCH on the Customer's website.
RAPID SEARCH provides the design and setup of all campaigns and creatives as agreed by the Customer in the Customer's Account.
Electronic communications are made between info@rapidsearch.hu (or the dedicated account manager's address) and the email address provided at registration (or the current email address configured in the Customer's Account).
The customer service form on rapidsearch.hu can be used for reporting errors. Reports should include the operating system used, its version number, data on installed software and updates, the browser name and exact version, the time of the error, the steps taken, the URL where the error can be viewed, and any service error code.
RAPID SEARCH complies with the response time below. Response time is calculated from when the problem is filed, but no later than 9:00 am the first working day following dispatch. It is the time customer service gives feedback and starts troubleshooting — troubleshooting time itself is not included.
Priority 1 — Very important
8 hours
Definition
A certain critical function does not work in the search box.
Priority 2 — Important
24 hours
Definition
Some search box function cannot be performed, and it is a UX problem for the people to whom it is displayed.
Priority 3 — General
2 days
Definition
The search box function is not visible to several people to whom it is displayed, but it works for others.
9
Force Majeure
RAPID SEARCH will have no liability to the Customer or any third party for any failure to perform its obligations under these Terms where such non-performance arises as a result of an event beyond the reasonable control of RAPID SEARCH, including without limitation an act of war or terrorism, natural disaster, failure of electricity supply, riot, civil disorder, civil commotion, or another event of force majeure.
10
Term & Termination
The Customer may terminate this agreement or the Services at any time, with or without cause, and with notice.
RAPID SEARCH may terminate this agreement or the Services at any time, with or without cause, and with or without notice, and will have no liability to the Customer or any third party because of such termination.
Upon termination or expiration for any reason: (a) RAPID SEARCH will cease providing the Segment, (b) the Customer will not be entitled to any refunds of any usage or other fees, pro rata or otherwise, and (c) any outstanding balance owed for usage through the effective date will immediately become due and payable in full. All sections which by their nature should survive termination will survive, including warranty disclaimers and limitations of liability.
Upon termination or expiration by either party for any reason, RAPID SEARCH may delete any Customer archived data within 30 days after the date of termination.
RAPID SEARCH is entitled to immediately suspend the Customer's Segment operation without notice, and — if the root cause is not resolved — to remove the Segment for the following reasons:
The Customer displays or sells an unlawful product or service in the Segment.
The Customer displays content that is not certified to be ethical, or the Segment interface displays no real company data.
Visualizing violent or racist content, or inciting against any person, church, group, or body.
Using irrelevant keywords or description fields in Segment content or code; deceptive or manipulative content.
Using malicious code.
Visualizing any content ruining the reputation or service of RAPID SEARCH.
Visualizing or advertising any competing product or service of RAPID SEARCH.
If RAPID SEARCH deletes the Customer's Segment due to any of the above reasons, the Customer is not entitled to a refund of any fees and cannot demand the content of the Segment from RAPID SEARCH.
11
Settlement of Disputes
Both RAPID SEARCH and the Customer will do everything in their power to resolve any disputes or disagreements that may arise regarding these Terms through direct negotiation. Parties are obliged to inform each other about any obstacles arising after the conclusion of the contract — specifically circumstances hindering completion of the contract — without delay after learning of the fact.
The laws of Hungary will govern the validity and construction of these Terms and any dispute arising out of or relating to them, without regard to the principles of conflict of laws. The Customer consents (and waives all defenses of lack of personal jurisdiction and forum non conveniens) to the jurisdiction and venue of the federal and state courts located in Hajdú-Bihar County, Hungary, and agrees to waive the right to trial by jury in any action or proceeding relating to or arising out of these Terms.
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