Site Search Terms of Service

Terms & conditions governing the use of Site Search services

The following terms & conditions govern the use of Site Search. By accepting these terms & conditions, completing the registration process, submitting a website domain for indexing, or otherwise using the service in accordance with these terms, you acknowledge that you agree to be bound by these terms of service which leads to a legal agreement ("contract") between you and loxal. When registering, legal entities must name a legally competent natural person fully authorized to represent that entity.

1. Definitions

Contract
The terms, conditions, and notices contained in these Terms of Service, our Privacy Policy, our Data Processing Agreement, and any other individual agreements.
Site Search
A trademark of loxal GmbH ("loxal"), headquartered at Ismaninger Str. 40, 81675 Munich, Germany. Offered on a software-as-a-service (SaaS) basis.
Service
The software and services provided by loxal under the Site Search name, including any upgrades and updates.
Clients / You
The individual, company, or organization using the service and party to a legal agreement with loxal.
Account
Your access to Site Search including index and search settings, dashboard, analytics, and subscription plans.
Free Trial
A trial period of fourteen (14) days offered free of charge to all clients opening an account.
Site ID
A unique identifier for each account that corresponds to the domain name of the site provided during registration.

2. Scope

2.1 The use of Site Search is exclusively subject to these terms. Any divergent, conflicting, or supplementary terms shall only become part of the contract if loxal has expressly agreed to them. These terms only apply if the customer is an entrepreneur as defined under §14 of the German Civil Code (BGB) or a legal entity / special fund under public law.

2.2 Individual agreements with the client shall take precedence over these terms. Such agreements require written confirmation from loxal. With the exception of directors and authorized officers, loxal employees are not entitled to give verbal approval to any addenda or amendments.

3. Registration, Free Trial, Setup & Integration

3.1 To use the service, you must register the website where you want to use Site Search. You must provide a valid domain name and email address. By clicking "Accept Terms & Conditions," you are making a binding offer to enter into an agreement. The contract language is English.

3.2 When you sign up, a 14-day free trial will be activated with a maximum of 500 pages indexed.

3.3 If you do not sign up for a paid plan after the free trial, features are automatically limited to the free plan. Free plans can be terminated anytime without notice.

3.4 You must keep your login information confidential. You are responsible for all activities performed with your login credentials.

3.5 To enable the service, paste the integration code into your website's source code.

3.6 You are only allowed to crawl websites you own or are expressly authorized to crawl. Using the gadget more than five times a day or crawling the same website more than twice a day constitutes abuse.

3.7 The reCAPTCHA mechanism of Google Inc. is applied when accepting these terms. By accepting, you also accept Google's reCAPTCHA terms and privacy guidelines.

4. Payment, Refunds, Upgrades, Downgrades

4.1 Payments are made by credit card. Annual payments may be made by bank transfer or PayPal with consent, due within seven days after registration confirmation.

4.2 All amounts are in Euros (EUR). Listed fees are net amounts excluding VAT and other taxes.

4.3 You are responsible for providing accurate billing information and keeping it up-to-date.

4.4 Payment is due monthly or annually in advance. An upgrade ends your free trial.

4.5 Additional services may be provided for a separately agreed fee, charged by the half hour.

4.6 For upgrades/downgrades, payments are pro-rated. No refunds for downgrades or cancellations.

4.7 loxal may change prices with two months' written notice. You may terminate upon price changes.

5. Plan Quotas

5.1 Fees depend on indexed pages and monthly search requests. Exceeding search quota incurs €0.001 per query above the agreed volume.

5.2 Unused monthly search volume does not roll over.

5.3 Exceeding page quota prevents new pages from being indexed.

6. Termination

6.1 Service is provided for one or twelve months, automatically extending unless otherwise agreed.

6.2 You may terminate anytime. Paid plans must downgrade to "FREE Plan" before account deletion.

6.3 No refunds for cancellation except for extraordinary termination for cause.

6.4 Downgrading may result in loss of content, features, or capacity. loxal assumes no liability.

6.5 Upon account deletion, you must remove all Site Search scripts from your site.

7. Prohibited and Unauthorized Use

You are prohibited from any activity that violates applicable law or these terms. Prohibited actions include:

8. Licenses and Proprietary Rights

8.1 loxal grants you a non-transferable, non-sublicensable, non-exclusive right to use the services.

8.2 You grant loxal a non-exclusive, revocable right to store, copy, transmit, and display your content.

8.3 loxal may anonymize user data for service improvement and other business purposes.

8.4 You grant loxal rights to use feedback you provide free of charge.

8.5 loxal may use your name/logo for marketing in accordance with applicable law.

9. Data Protection & Privacy

9.1 All interaction data is encrypted via SSL. You authorize transmission, storage, and processing of data including website data, search queries, user interactions, and tracking information.

9.2 The Site Search Privacy Policy explains how we treat personal information.

9.3 For end user personal information processing, the Data Processing Agreement terms apply.

10. Responsibilities and Guarantees

10.1 You warrant that you are authorized to submit URLs for indexing. loxal may withdraw if a site is unsuitable.

10.2 You must provide reasonable support for service provision, including correct integration.

10.3 You must accept tool updates within four weeks of notification.

10.4 loxal warrants service provision as agreed and in accordance with the SLA.

10.5 SLA terms do not apply for issues beyond loxal's control, including force majeure, third-party defects, misuse, or exceeding quota.

10.6 Site Search does not guarantee meeting specific requirements, uninterrupted availability, or result accuracy.

10.7-10.8 loxal will endeavor to remedy shortcomings. You must report faults promptly.

11. Liability

11.1 loxal is liable for intentional and grossly negligent actions. For ordinary negligence, liability is limited to injury to life, limb, health, or breach of material contractual obligations, capped at foreseeable, typically occurring damage.

11.2 Limitations do not apply if loxal fraudulently concealed a defect or guaranteed quality.

11.3 loxal is not liable for data loss if the client failed to perform backups.

11.4 Liability limitations apply to loxal employees, representatives, and organs.

11.5 Contract termination for non-defect breaches requires loxal responsibility.

12. Service Level Agreement (SLA)

99.9%
Availability
Monthly average
10-100ms
Response Time
Per request

Our monitoring systems are the reference for availability and latency determination.

13. Final Provisions

13.1 We may change these terms with 30 days' email notice. Continued use constitutes acceptance.

13.2 Munich is the place of delivery for services.

13.3 German law applies, excluding UN sales law.

13.4 Munich is the exclusive place of jurisdiction.

13.5 Offset or retention of payments only for court-ordered or uncontested claims.

14. Severability

If individual parts of this agreement prove invalid, the validity of the remaining parts shall not be affected.