Terms of Use

1. 1. Fair Credit Reporting Act Notice & Obligations

   COMPANY AND SEARQLE ARE NOT A CREDIT REPORTING AGENCY ("CRA") FOR PURPOSES OF THE FAIR CREDIT REPORTING ACT ("FCRA"), 15 USC §§ 1681 et seq. AS SUCH, THE ADDITIONAL PROTECTIONS AFFORDED TO CONSUMERS, AND OBLIGATIONS PLACED UPON CREDIT REPORTING AGENCIES, ARE NOT CONTEMPLATED BY, NOR CONTAINED WITHIN, THESE TOU.

   WE DO NOT PROVIDE PRIVATE INVESTIGATOR SERVICES AND ARE NOT A CONSUMER REPORTING AGENCY AS DEFINED BY THE FAIR CREDIT REPORTING ACT 15 U.S.C. § 1681 et seq. ("FCRA") BECAUSE THE INFORMATION WE PROVIDE IS NOT COLLECTED OR PROVIDED, IN WHOLE OR IN PART, FOR THE PURPOSE OF SERVING AS A FACTOR IN ESTABLISHING A PERSON’S ELIGIBILITY FOR (a) CREDIT OR INSURANCE TO BE USED PRIMARILY FOR PERSONAL, FAMILY, OR HOUSEHOLD PURPOSES; (b) EMPLOYMENT PURPOSES; (c) BENEFITS, TENANCY OR EDUCATIONAL ADMISSION CONSIDERATIONS; OR (d) IN CONNECTION WITH A BUSINESS TRANSACTION INITIATED BY AN INDIVIDUAL CONSUMER FOR PERSONAL, FAMILY, OR HOUSEHOLD PURPOSES. WE DO NOT MAKE ANY REPRESENTATION OR WARRANTY AS TO THE CREDIT WORTHINESS, CREDIT STANDING, CREDIT CAPACITY, CHARACTER, GENERAL REPUTATION, PERSONAL CHARACTERISTICS, OR MODE OF LIVING OF ANY PERSON. AS SUCH, THE ADDITIONAL PROTECTIONS AFFORDED TO CONSUMERS AND OBLIGATIONS PLACED UPON CONSUMER REPORTING AGENCIES UNDER FCRA ARE NOT CONTEMPLATED BY, NOR CONTAINED WITHIN, THESE TERMS.

   Searqle is a database that has compiled publicly available sources of information for the purpose of personal individual use. It provides convenient services that enable users to search for information within the bounds of these ToU. This includes discovering the information contained within their own public records, reconnecting with lost friends or family members, investigating the backgrounds of neighbors, online dates, or acquaintances, and other similar purposes such as buying/selling personal items.

   Through Searqle, users can view and/or access email, phone number, first/last name, age, sex, address/city/country of individuals (collectively, "Information") as compiled, distributed and displayed by Searqle and other third-party content providers including, but not limited to, third-party websites or services that provide information about individuals (each, a "Search Subject") that can be searched for and accessed through the Site.

   Searqle aggregates publicly available information from phone books, social networks, marketing surveys, real estate listings, business websites, and other public sources (“Public Information”). This Public Information may be made available to users through the Searqle

   Searqle does not verify this Public Information. Searqle does not evaluate each piece of information provided and makes no guarantees to Searqle users about the accuracy, legitimacy, or legality of any information or how recently any information was collected or updated. As a user of Searqle, you agree that there are no warranties or guarantees whatsoever regarding the Information provided. Further, you agree to rely on the Information available through Searqle at your own risk.

   By accessing, purchasing and using the Site/Searqle, you acknowledge and agree that you will not obtain or use any Information obtained from the Site/Searqle about a search subject or any individual for purposes that are prohibited under the Fair Credit Reporting Act (FCRA). As we are not a Consumer Reporting Agency, you are prohibited under the FCRA from using any information obtained from the Site/Searqle about a Search Subject to determine their eligibility for:

   • - Employment: This includes using the information to evaluate a Search Subject for initial employment, reassignment, promotion, or retention. It also applies to household workers such as babysitters, cleaning personnel, nannies, contractors, and domestic workers.
   • - Tenancy: This includes using the information to decide whether to lease a residential or commercial space to a Search Subject.
   • - Educational Admission or Benefits: This includes using the information to assess a Search Subject's qualifications for an educational program or scholarship.
   • - Health insurance or any other insurance.
   • - Personal Credit, Loans or Insurance: This includes using the information to assess the risk associated with providing credit, a loan or insurance based on a Search Subject's existing debt obligations.
   • - Business Transactions initiated by an individual consumer: This includes using the information to determine whether a Search Subject continues to meet the terms of a personal customer account.
   • - Adoption of a pet, service animal, human or any other item being considered for entrusting, custodianship or participation in any related activity, program or process.
   • - Benefits, privileges or services provided by any business establishment.
   • - Fitness for, or admission as a beneficiary or recipient of, a non-profit or charitable program.
   • - Hiring of Household Workers. Including, but not limited to, domestic workers, nannies, etc.

   It is also prohibited to use any Information obtained from the Site/Searqle to take any "adverse action," as defined by the FCRA. Using Information in any of the aforementioned ways not only violates these Terms, but also the law and may result in possible criminal penalties. We take this matter very seriously and reserve the right to terminate user access, accounts, and report any violators to law enforcement as appropriate.

   Using Searqle Public Information in these ways violates both our ToU and the law, and can lead to possible criminal penalties. We take this very seriously, and reserve the right to terminate user accounts and/or report violators to law enforcement as appropriate.

2. 2. General Information

   You are required to create an account on the Site for purchasing and usage of Searqle. For the account creating you have to provide your email address, password and Payment information (full username, credit / debit card number, CVV, card expiry date and other information you may need to pay for Searqle).

   When placing the order for the Searqle, you acknowledge and agree that you are at least 18 years of age or older.

   You are aware that We are not responsible for any third-party data leak in databases and/or DSN servers.

   You will not use the Site or Searqle in violation of any laws you are subject to. Notwithstanding the foregoing, We are not responsible for the further use of the Searqle and it’s your sole responsibility.

   You will properly follow all instructions and documentation provided by us to you at the Website.

   You will not allow any other third party to access your account or to utilize the Searqle. In case access to your account has been granted to a third party deliberately, or by mistake, or in any other way without your consent, you acknowledge that we don’t bear the responsibility.

   You may not share or transfer any account. You may not disclose your password to anyone else.

   You must notify us immediately of any breach of security or unauthorized use of your account or if you believe that an account password may have been compromised.

   We will not be liable for any losses caused by any unauthorized use of your account.

   We reserve the right to modify, terminate, or refuse the Searqle Services to anyone for any reason and without notice at any time.

   By accessing, installing, or using this Website, you represent and warrant that you will always provide truthful, accurate, current, and complete information when submitting information to the Website. This includes providing accurate information when filling out any registration or submission form found on the Website or when providing any information to the Company via email. If you provide false, inaccurate, untrue, or incomplete information, the Company reserves the right to immediately terminate your access to and use of the Website, without notice, and cancel any pending purchases or registrations with the Company.

   Furthermore, you agree to comply with all applicable local, state, national, and international laws and regulations when using this Website. You acknowledge and agree that your use of the Internet and this Website is solely at your own risk. While the Company has taken measures to create a secure and reliable Website, the confidentiality of any communication or material transmitted to or from the Website over the Internet or any other form of global communication network cannot be guaranteed.

   As such, the Company will not be responsible or liable for any security breach of information transmitted via the Internet, nor the accuracy of the information contained on the Website. You must make your own determination regarding these issues and assume any and all associated risks. You understand that we, in our sole discretion, may at any time for any reason suspend or terminate any license thereunder and disable the functionality of the Searqle. In this case, the information you may have already accessed will become unavailable without prior notice.

   In case you have any technical question, please contact customer service at support@searqle.com.

3. 3. Subscription and Billing Procedure

   To subscribe to the Searqle, you should place the order after an account registration.

   While placing the order, you should complete the Payment Information.

   The price of the Searqle subscription is as follows:

   • - During the first 72 hours after registration, You are entitled to test Searqle for an amount which is specified on the Site ("Trial Period");
   • - At the end of these 72 hours, subject to termination within this period, a subscription is automatically taken out on a periodic basis (depending on the one you purchase subscription: 1, 3, or 12 months) for a month amount (depending on the one you purchase subscription: 1, 3, or 12 months), which is specified on the Site. Subject to termination, this subscription is automatically renewed from month to month (depending on the one you purchase subscription: 1, 3, or 12 months) and the card used is automatically debited.

   Subscription automatically renews unless auto-renewal is turned off at least 24-hours before the end of the current subscription month. We can charge you for the future payment subscription, if you didn’t turn off automatic renewal in your account in the section “Billing” or via customer service support@searqle.com. You understand and confirm that if you forget to disable auto-renewal for new subscription period, it will not be a reason for a refund.

   The above prices are inclusive of all taxes.

   All accounts are set up on a prepaid basis. We must receive payment before any billable product or service is provided and/or activated. You are required to keep valid credit/debit cards on file to charge for any recurring monthly subscription fees and one-time or multi-pay fees. You are responsible for keeping all credit/debit card details and contact information current while using the Searqle.

   Your subscription is NOT based on how much you use (or do not use) the Searqle.

   After payment execution for a subscription, you will receive a payment notification from us. All your receipts are available by request.

   Currency Conversions. Please note that the price of the Searqle Subscription is displayed to you in a default, in U.S. dollars (or EUR, if applicable), although the charge will be in a local currency.

   Methods of payment. We will accept any payments via all major debit/credit cards. Payment by any other means, such as check or wire transfer, requires explicit written consent, which shall be given in our sole discretion. To make a payment, you have to specify your Payment Information. Payment is made through Our Site in U.S. dollars (or EUR, if applicable) by credit card (Visa, MasterCard, American Express). The Site is equipped with a secure online payment system enabling the You to encrypt the transmission of his bank data. As part of Our payment process, We use an external suppliers and do not store any data relating to your details and bank cards. For more information on this subject, We invite You to read our Privacy Policy .

   Refunds and returns. You might have the opportunity to receive a refund in case you are not satisfied with the Searqle for any reason. But this does not mean that refunds may be offered in all cases. Your eligibility for a refund may depend on how much time has passed since the transaction, etc. You may be eligible to receive a refund within 14 calendar days from the payment day. But if you successfully used Searqle within Trial period and you didn’t turn off an automatic renewal, you were charged for full price and continued to use Searqle, you are deprived the right for refund.

4. 4. Security

   We care about the integrity and security of your personal information.

   You acknowledge that you willingly provide your personal information to Company and the Payment Provider (a financial institution, which processes payments for Searqle) while placing the order for the Searqle. Please, kindly read our Privacy Policy for more details about our rules of personal data processing and its secure storing.

   We do not control, monitor and/or are not aware of how the user exploits the Searqle. We may not be held responsible for the inappropriate use of thereof.It is at a user’s risk and responsibility.

   You acknowledge that We don’t encourage our users to exploit the Searqle illegally.

5. 5. End User License Conditions

   Scope of License: The Company grants you a limited, non-exclusive, non-transferable revocable license (hereinafter – the License) to use the Searqle.

   Searqle is Designed for Legal Use only. The Searqle is designed for legal use. You acknowledge that we make no guarantees to Searqle users about the accuracy, legitimacy, or legality of any information or how recently any information was collected or updated. As a user of Searqle, you agree that there are no warranties or guarantees whatsoever regarding the Information provided and any piece of Information provided will not give rise to any liability or right to any reimbursement whatsoever on Our part in respect of you. The Company cannot provide legal advice to you regarding your use of the Searqle. You should consult your own legal advisor with respect to legality of using the Searqle in the manner you intend to use it prior to using the Searqle.

   License. It is understood and agreed that the Company is the owner of all right, title, and interest in and to the original, and any copies of the Searqle and related information, improvements, enhancements or derivatives thereto and ownership of all intellectual property rights pertaining thereto, in whole or in part, shall be, vest with, and remain the exclusive property of the Company. You, as a licensee, through your use of the Searqle do not acquire any ownership rights to the Searqle. The Searqle is protected by copyright laws and international copyright treaties. The rights granted in this license are limited to the right to use the Searqle and do not include any other intellectual property rights.

   You agree that you may not and will not: (i) sell, lease, rent, license, sublicense, redistribute, assign or grant the Searqle; (ii) decompile, disassemble, or reverse engineer the Searqle, in whole or in part; (iii) write or develop any derivative software, make attempt to derive the source code of, modify, or create derivative works of the Searqle, any updates, or any part or any other software program based upon the Searqle; (iv) provide, disclose, divulge or make available to, or permit use of the Searqle by any third party without the Company prior written consent; (v) copy the Searqle; (vi) modify, translate, decompile, create derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use in any manner not expressly permitted herein, the Website; (vii) Specifically, and by way of illustration and not limitation, you may not separate and use any graphics, interfaces, photographs, audio, video, sounds, artwork, designs, computer code (including html code), programs, software, and documentation found on or accessible through the Website.

   You are not allowed to do any of the following:

   (i) Use any tools, programs, or methods, including but not limited to "deep link," "page scrape," "robot," "spider," algorithm, or any manual process, to access, copy, or monitor any part of the Website, or bypass any security measures to obtain materials, pictures, documents, or other information not intentionally provided by the Website.

   (ii) Attempt to gain unauthorized access to any part or feature of the Website, other systems or networks connected to the Website, any Company server, or any service offered on the Website by hacking, password "mining," or any other prohibited method.

   (iii) Probe, scan, or test the vulnerability of the Website or any network connected to the Website, or attempt to breach any security or authentication measures on the Website.

   (iv) Trace or seek to trace any information on any other user or visitor to the Website.

   (v) Take any action that imposes an unreasonable or disproportionately large load on the Website's infrastructure, the Company's systems or networks, or any other connected systems or networks.

   (vi) Use any device, software, or routine to interfere with the proper functioning of the Website or any transaction conducted on the Website, or with any other person's use of the Website.

   (vii) Misrepresent your identity or the origin of any message or transmission you send to the Company through the Website, including forging headers or impersonating another person.

   (viii) Use the Website to harvest or collect email addresses or other contact information in a manner that violates these ToU.

   (ix) Use the Website in an unlawful manner or in a way that could damage, disparage, or negatively impact the Company.

   Downloading, copying, or reproducing any materials provided by the Company to any other server, hard drive, or location for the purpose of reproduction or redistribution is strictly prohibited, without limitation.

   Any attempt to do so is considered as a violation of the ToU and the rights of the Company and/or other copyright owners. If you breach this restriction, you may be subject to legal actions and damages. If you violate requirements mentioned above, you will be responsibility according to applicable law and international treaties on intellectual property rights and copyrights protection, and derivative software that was developed will be belonged to the Company from the moment of its creation.

   d) You may not use Searqle or any Information acquired from Searqle, inter alia:

   i) to engage in activities that would violate applicable local, state, national or international law, or any regulations having the force of law, including the laws, regulations, and ordinances of any jurisdiction from which you access Searqle;

   ii) to make any phone call or send any email or text message that does not comply with CAN-SPAM, the Telephone Consumer Protection Act or any other applicable federal or state law. You acknowledge that You are solely responsible for ensuring that telephone calls made or email or text messages sent using Information obtained from Searqle are in compliance with CAN-SPAM, the Telephone Consumer Protection Act, or all other applicable federal or state laws. Searqle does not scrub any phone numbers displayed on Website through the National Do Not Call Registry or any other do-not-call registries (if applicable);

   iii) in any manner that may violate any local, state, federal, or international privacy law to which you may be subject on the basis of your location or the location of the person searched. you agree not to search for Information relating to persons that reside outside of the United States.

   The Company may provide upgrades, modifications, updates, or additions (hereinafter – the Modifications) to the Searqle during the term of the License. The terms of this ToU shall be applied to any such Modification unless such Modification is accompanied by a separate license, in which case the terms of that license will be applied.

   For Searqle using it may be necessary an internet connection. The Company will not be responsible, if you are not able to get an access to the Searqle due to problems with internet connection or its absences.

   Term and Termination: The term of this License runs concurrently with the term of your subscription plan, which is the period during which you are authorized to use the Searqle. Your rights under this License will terminate automatically without notice from the Company if you fail to comply with any term(s) of this ToU or your subscription period expires.

   Unauthorized use, whether attempted or actual, of the Website may result in criminal and/or civil prosecution, including punishment under the Computer Fraud and Abuse Act of 1986. The Company reserves the right, without notice or permission from you, to view, monitor, and record activity on the Website. Any information obtained from such monitoring, reviewing, or recording of your Website use may be reviewed by law enforcement organizations at the sole discretion of the Company. Furthermore, the Company will comply with all legally binding requests for information, including court orders. The Company also reserves the right, at its sole discretion and without prior notice, to modify, suspend, terminate, or temporarily interrupt the operation of or access to the Website or any portion thereof.

6. 6. Intellectual Property

   Trademarks. Logo of Searqle is a trademark/service mark that is used by Searqle.

   Unauthorized use of Searqle trademark, service mark or logo is a violation of the applicable trademark laws and prevalent international intellectual property laws.

   Copyright. All intellectual property rights in the Site and Searqle belong to and is vested in Company or its licensors, and are protected by the applicable law and international copyright laws.

   You may not use or reproduce any part of this Website or the materials contained within it in any manner without first obtaining the prior written permission of Searqle.

   Any images that appear on this Website with an acknowledgement to the licensed material include restrictions on downloading such material for other than personal use, and prohibit republication, retransmission, reproduction, or other use of the licensed material.

7. 7. Liability and Warranties

   TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY, ITS AFFILIATES, LICENSORS, AND BUSINESS PARTNERS (COLLECTIVELY, THE “RELATED PARTIES”) DISCLAIM ALL LIABILITY TO YOU (OR TO ANY PERSON CLAIMING THROUGH YOU TO WHOM YOU MAY HAVE PROVIDED INFORMATION THAT YOU OBTAINED FROM THE COMPANY AS A RESULT OF ITS SERVICES), WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND FURTHER DISCLAIMS ALL LOSSES, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE SITE AND/OR THE SEARQLE, EVEN IF WE AND/OR RELATED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

   THE RELATED PARTIES DO NOT MAKE AND HEREBY DISCLAIM ANY WARRANTY, EXPRESS OR IMPLIED WITH RESPECT TO INFORMATION, OR OTHER OFFERINGS AVAILABLE THROUGH THE WEBSITE. THE RELATED PARTIES DO NOT GUARANTEE OR WARRANT THE CORRECTNESS, COMPLETENESS, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF ITS INFORMATION OR INFORMATION PROVIDED THEREIN.

   IN ADDITION TO THE ABOVE, YOU EXPRESSLY ABSOLVE AND RELEASE THE RELATED PARTIES FROM ANY CLAIM OF HARM RESULTING FROM A CAUSE BEYOND THE RELATED PARTIES’ REASONABLE CONTROL, INCLUDING, BUT NOT LIMITED TO, FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS, COMPUTER VIRUSES, UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, SEVERE WEATHER, EARTHQUAKES, OR NATURAL DISASTERS, STRIKES, OR OTHER LABOR PROBLEMS, WARS, OR GOVERNMENTAL RESTRICTIONS.

   THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE COMPANY FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN.

   WITHOUT LIMITING THE FOREGOING, IN NO CASE SHALL THE LIABILITY OF THE COMPANY OR ANY OF THE RELATED PARTIES EXCEED THE GREATER OF $50 OR THE AMOUNT THAT YOU PAID TO US OR OUR DESIGNEES DURING THE SIX (6) MONTHS PRIOR TO THE TIME THE CAUSE OF ACTION GIVING RISE TO LIABILITY AROSE.

   THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND COMPANY. ACCESS TO THE WEBSITE AND THE SEARQLE OFFERED ON THE WEBSITE WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY AND IN SUCH JURISDICTIONS THE COMPANY'S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

   Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of the Company and its affiliates shall be limited to the fullest extent permitted by law.

   WE ARE NOT RESPONSIBLE FOR USING THE SEARQLE AND/OR SITE BY USERS UNLAWFULLY AND WITH UNLAWFUL AIMS. THE SEARQLE AND/OR SERVICES ARE PROVIDED AND DEVELOPED WITH LEGAL AIMS ONLY AND CANNOT BE USED WITH VIOLATION OF RIGHTS, FREEDOMS AND INTERESTS OF THIRD PARTIES. WE DON’T KNOW AND CANNOT KNOW HOW USERS USE THE SEARQLE AND/OR SERVICES. IF YOU BECOME AWARE THAT THE SEARQLE AND/OR SERVICES ARE USED OR WERE USED UNLAWFULLY, YOU CAN NOTIFY US AND WE WILL ADOPT THE BEST EFFORTS TO STOP THE UNLAWFULLY SEARQLE AND/OR SERVICES USING.

   THE SITE AND THE SEARQLE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY CONTENT, INFORMATION AVAILABLE THROUGH, OR THE PERFORMANCE OF, THE SITE OR THE SEARQLE. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE SITE AND/OR THE SERVICE IS AT YOUR OWN RISK. YOU ACKNOWLEDGE AND AGREE THAT COMPANY OBTAINS ITS DATA FROM THIRD-PARTY SOURCES, WHICH MAY OR MAY NOT BE COMPLETELY THOROUGH AND ACCURATE, AND THAT YOU SHALL NOT RELY ON SEARQLE FOR THE ACCURACY OR COMPLETENESS OF INFORMATION SUPPLIED \ THROUGH SEARQLE. WE DO NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SITE AND/OR SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SITE OR THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

   Because some states or jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimer may not apply to you.

8. 8. Applicable Law

   If you are a citizen or resident of the United States, the law of the state of your residence governs this contract and any claim or dispute that you may have against us, without regard to that state’s conflict of laws rules, to the extent that such law is not preempted by federal law. If You are a citizen or resident of another country, the law of the State of Delaware shall apply. The United Nations Convention on Contracts for the International Sale of Goods shall have no applicability.

9. 9. Dispute Resolution

   Please read the following notice carefully, as it pertains to your legal rights.

   a) Resolution of Disputes through Arbitration. By agreeing to these terms and conditions, you and Searqle are bound to resolve all disputes and claims between you and us through arbitration. This includes but is not limited to:

   • Claims that arise from or are related to any aspect of the relationship between you and Searqle, regardless of whether they are based on contract, tort, statute, fraud, misrepresentation, or any other legal theory;
   • Claims that arose prior to this agreement or any previous agreements between you and us, including but not limited to claims relating to advertising or disclosures;
   • Claims that may arise after the termination of this agreement.

   However, either party may bring an individual action in small claims court as long as the relief sought does not affect other customers, and the action is not removed or appealed de novo to a court of general jurisdiction.

   It is important to note that the following matters can only be decided by a court:

10. Matters related to the scope and enforceability of this arbitration provision;
11. Whether a dispute can or must be brought to arbitration;
12. Whether the American Arbitration Association (“AAA”) is unable or unwilling to administer the arbitration in accordance with this arbitration provision;
13. Whether Section 9(b) has been violated or complied with for purposes of awarding relief under that section that a court can award;
14. Whether Sections 9(e), (f), or (g) have been violated or complied with.

These Terms of Use establish a transaction in interstate commerce, and therefore, the Federal Arbitration Act applies to the interpretation and enforcement of this provision. The arbitration provision will remain in effect even after the termination of the agreement between you and Searqle. By agreeing to arbitration, you and Searqle both waive the right to sue in court, have a trial by jury, and participate in class actions.

To initiate the dispute-resolution process, the party seeking arbitration must first send a written Notice of Dispute to the other party by U.S. mail or professional courier service. The Notice should be sent to the designated Notice Address for Searqle, and a copy of the Notice should be sent to support@searqle.com. The Notice must include the claimant's name, mailing address, email address, phone number, and Account name (if any), describe the nature and basis of the claim or dispute, and set forth the specific relief sought. The Notice must be personally signed by either you (if you are the claimant) or by a Searqle representative (if Searqle is the claimant).

To ensure the security of your Account and protect your privacy, you may be required to provide your authentication and consent for Searqle to discuss your account or share your private information with anyone other than you, including an attorney.

Upon receipt of a complete Notice, the other party has 60 days to investigate the claim. During this period, either party may request an Informal Settlement Conference to discuss a potential settlement. You and Searqle must work together in good faith to select a mutually agreeable time for the Informal Settlement Conference, which can occur after the 60-day investigation period. Both you and a Searqle representative must participate in the conference, unless otherwise agreed in writing.

The Informal Resolution Period is the number of days between the date that the complete Notice (and Authentication and Consent, if required) is received by the other party and the later of (i) 60 days later or (ii) the date the Informal Settlement Conference is completed, if timely requested. Any applicable statute of limitations or contractual limitations period will be tolled during the Informal Resolution Period.

Arbitration proceedings cannot commence until after the Informal Resolution Period has ended. Section 9(f) has additional requirements for commencing certain coordinated arbitrations. All pre-arbitration dispute resolution requirements must be met to allow for meaningful dispute resolution. Failure to meet any aspect of these requirements may result in a court injunction against the filing or prosecution of an arbitration. In addition, unless prohibited by law, the AAA may not accept or administer such an arbitration, nor assess or demand fees in connection with one. If an arbitration is already pending and the requirements are not met, it must be dismissed.

(c) Procedures for Arbitration: The arbitrator must abide by the terms outlined in this arbitration provision. The arbitration process will be governed by the Consumer Arbitration Rules ("AAA Rules") of the American Arbitration Association (AAA), with modifications made by this arbitration provision. The AAA Rules are available for viewing online at www.adr.org. The AAA will oversee the arbitration proceedings. If the AAA is not available or unwilling to oversee the arbitration in compliance with this arbitration provision, then an alternate arbitration provider agreed upon by the parties or selected by the court will administer the arbitration.

Similar to court proceedings, both you and Searqle acknowledge that any legal representative representing a party in arbitration must certify that they comply with the requirements of Federal Rule of Civil Procedure 11(b), including the certification that the claim or relief sought is not frivolous or brought for an improper purpose. The arbitrator has the authority to impose any penalties available under the AAA Rules, Federal Rule of Civil Procedure 11, or relevant federal or state law on all appropriate represented parties and counsel.

Unless mutually agreed upon by both parties, all arbitration hearings must take place in the county (or parish) where you reside at the time the Demand is filed. If you file a claim for $10,000 or less, you may choose whether the arbitration will be based solely on documents submitted to the arbitrator, a telephonic hearing, or an in-person hearing as outlined by the AAA Rules. If your claim is for more than $10,000, the right to a hearing will be determined by the AAA Rules.

Arbitrators may take into consideration rulings from past arbitrations involving different Searqle users. However, an arbitrator's ruling will not be binding in proceedings involving different Searqle users.

Unless mutually agreed upon by both parties, all directly related claims must be brought forth in a single arbitration proceeding. If either party initiates a subsequent arbitration claiming issues that are directly related to ones that were brought up in a prior arbitration involving the same parties, then the AAA or the arbitrator must either consolidate the subsequent arbitration with the ongoing proceeding or dismiss any claims raised in the subsequent arbitration that would be prohibited by applicable law if filed in court.

Regardless of the arbitration method, the arbitrator must provide a written decision explaining the essential findings and conclusions on which the award is based. Except for Section 9(e), the arbitrator can grant the same damages and relief that a court can provide under applicable law. Although under certain laws, Searqle may be entitled to an award of attorney's fees and expenses if they prevail in arbitration, Searqle agrees not to seek such an award unless you are represented by an attorney and the arbitrator has determined that your claim is frivolous or brought for an improper purpose (as measured by the standards of Federal Rule of Civil Procedure 11(b)).

(d) Arbitration Costs. Searqle is responsible for paying all AAA fees associated with any arbitration that it initiates. In the case that you initiate an arbitration, Searqle will pay some or all of the AAA fees, as long as you have complied with Section 9(b). If your claims are worth $1,000 or less for both parties, Searqle will pay all AAA fees. If your claims are worth more than $1,000 but less than $10,000, Searqle will pay all AAA fees above $20. Searqle will pay its share of your filing fee directly to the AAA upon receiving a written request from you at the Notice Address, or if the AAA requires you to pay the filing fee, Searqle will send that amount to the AAA and request that the AAA reimburse you.

However, if the arbitrator determines that the substance of your claim or the relief sought is frivolous or brought for an improper purpose as defined by Federal Rule of Civil Procedure 11(b), then the payment of AAA fees will be subject to the AAA Rules, and you will be responsible for reimbursing Searqle for any fees it has paid on your behalf.

(e) Individual Arbitration Requirement. You and Searqle agree that any claims brought against each other will only be brought in your or its individual capacity and not as part of a class or representative action. The arbitrator cannot consolidate more than one person's claims or preside over any form of a class, representative, or private attorney general proceeding, unless you and Searqle agree otherwise. The arbitrator can award any relief that a court could award, provided that the relief is individualized to the claimant and does not affect other Searqle users. Neither party may seek non-individualized relief that would affect other Searqle users. If a court decides that any aspect of this Section's limitations is unenforceable as to some aspect of the case, then all other aspects of the case must first be arbitrated. After completing arbitration, a court will decide the remaining (non-arbitrable) aspects of the case.

(f) Coordinated Arbitration Administration: If 25 or more claimants with similar claims are represented by the same counsel, they must resolve their cases in staged proceedings. This process may delay the arbitration of your claim, but you must agree to it. In the first stage, claimants' counsel and Searqle will each select up to 25 cases each to be resolved individually by different arbitrators. If feasible, arbitrators from the claimants' home states will be chosen. No other cases may proceed in arbitration during this time, and the AAA must not assess or demand payment of fees for the remaining cases. The arbitrators are encouraged to resolve the cases within 120 days of appointment or as swiftly as possible thereafter, with fairness to the parties. After the first stage is complete, the parties must engage in a single mediation of all remaining cases, and Searqle will pay the mediation fee. If the parties cannot agree on how to resolve any of the remaining cases after mediation, they will repeat the process of selecting and filing up to 50 cases to be resolved individually by different arbitrators, followed by mediation.

If any cases remain after the second stage, the process will be repeated until all claims are resolved. However, there are four differences. First, up to 100 cases may be filed in the third and later stages. Second, the cases will be randomly selected. Third, arbitrators who decided cases in the first two stages may be appointed in later stages if different arbitrators are not available. Fourth, mediation is optional at the election of counsel for the claimants. Counsel will meet and confer between stages to improve efficiency and may negotiate with the AAA regarding the amount or timing of AAA fees. A court may enforce this section, including by enjoining mass filings, prosecution or administration of arbitrations, or assessment or collection of AAA fees.

If this section applies to a Notice, the Informal Resolution Period for the claims and relief set forth in that Notice will be extended until that Notice is selected for a staged proceeding, withdrawn, or otherwise resolved. A court may enforce this section and its requirements, which are intended to be severable from the rest of this arbitration provision. If a court decides that the staging process is not enforceable after all appeals have been exhausted, the cases may be filed in arbitration, and AAA fees will be assessed as arbitrations advance and arbitrators are appointed.

(g) Future Changes to Agreement to Arbitrate: If Searqle changes this arbitration provision (except for Notice Address, website links, or telephone numbers), you may reject the change by sending written notice via U.S. mail within 30 days of the first notice of the change. The rejection should include your name, address, phone number, account name, and a personally signed statement that you wish to reject the changes to the arbitration provision. By rejecting any future changes, you agree to arbitrate any disputes with Searqle in accordance with the language of this arbitration provision.

(h) Forum Selection: Unless agreed otherwise, state and federal courts in Delaware will have exclusive jurisdiction over any disputes (except those in small claims court) that are not subject to arbitration or over any action involving the applicability or enforceability of the arbitration provision or any of its parts. You and Searqle consent to the jurisdiction of those courts and waive any objections to personal jurisdiction, venue, or any other basis or right to seek to transfer or change venue to another court to the extent permitted by law.

15. 10. Miscellaneous

    You agree to indemnify, defend, and hold the Company and the related parties harmless from any and all claims, demands, damages, or other losses, including reasonable attorneys’ fees, resulting or arising from your use of the Site and Searqle or any breach by you of these ToU or any other policies that we may issue for the Site and/or Searqle usage from time to time. The Company reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with the Company in asserting any available defenses.

    We may assign these ToU, in whole or in part, to any person or entity at any time with or without your consent.

    You may not assign the ToU without our prior written consent, and any unauthorized assignment by you shall be null and void.

    If any part of these ToU is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of the ToU shall be given full force and effect.

    Failure or delay by the Company to enforce compliance with the ToU does not constitute a waiver of these ToU.

    By using our Site and/or the Searqle you confirm that you have read and consent to these Terms of Use as well as Privacy Policy and Cookie Policy .

    We may revise these Terms of Use, Privacy Policy and Cookie Policy at any time, without notice, and the new versions will be available on the Site.

    If at any point you do not agree to any portion of these Terms of Use, you should immediately stop using the Site and/or Searqle.

    The express waiver by Searqle of any provision, condition, or requirement of these ToU shall not constitute a waiver of any future obligation to comply with such provision, condition, or requirement.

    All notices given by you or required under this ToU shall be written and addressed to support@searqle.com.

    All Policies and other documents, which are placed on the Site, are integral parts of this ToU.

    The Searqle is offered with the understanding that we may terminate any subscription and/or your access to the Searqle at any time, for any appropriate reason, including without limitation for any violation of these ToU. Users may not create multiple accounts with the purpose of accessing trials. Abusing the Site's trial allowance may result in suspension of accounts and service.

    These ToU describe certain legal rights. You may have other rights under the laws of your state or country. These ToU do not change your rights under the laws of your state or country.

    These English-language ToU are the Company’s official agreement with users of this Website.

    The Company makes no representation that the Website is appropriate or available for use in other locations, and access to the Website from territories or nations where any aspect of the Website is illegal is hereby expressly prohibited. You access the Website solely on your own volition and are responsible for compliance with all applicable local laws. In case the laws of your state or country do not permit you to use the Searqle, hereof you acknowledge and agree that it is upon your responsibility.

    For more information, please contact us by email support@searqle.com.