Last Updated: November 5, 2024
These Terms of Service ("Agreement") are a legally binding agreement between the user or subscriber of the Services ("User" or "you") and Kanstantsin Matveyeu, a entrepreneur with its main place of business at Hagebuttenweg 13, Uelzen, 29525, Germany ("Service Administrator", "we" or "us"). By registering for the Services or by accessing or using the Services or Website, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. If you are entering into this Agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this Agreement, in which case the terms “User”, “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this Agreement, you must not accept this Agreement and may not use the Services. You acknowledge that this Agreement is a contract between you and Service Administrator, even though it is electronic and is not physically signed by you, and it governs your use of the Services.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. IF YOU DO NOT AGREE WITH THESE TERMS, YOU MAY NOT REGISTER FOR OR USE THE SERVICES.
«Service» shall mean the copyright result of the intellectual activities in the information technology field (namely: software for monitoring, analysis, and tracking of search engine optimization on the Internet) that includes a set of software products (tools) available at the website https://google-search-positions.com/.
«Service Administrator» shall mean the copyright owner of the Service as the result of the intellectual activities (licensor) - Kanstantsin Matveyeu (VAT Number: DE367185523).
«User» shall mean the individual or entity who becomes a user through registration by signing up on the website https://google-search-positions.com/ in order to use the software products of the Service (licensee).
«Parties» shall mean the User and the Service Administrator, individually, each is referred to as “Party”.
«Account» shall mean the unique identification number and the rights to access the Service on the Internet that the User gets through registration in the Service. The Account stores the information about the User and User’s credentials.
«Account page» shall mean the personal interactive section of the Service where the User can manage, customize and control the use of the Service.
«Pricing plan» shall mean the terms that determine a license fee paid to the Service Administrator and the provided tools and features of the Service. The Pricing plans Lite, Master, Studio, Business, Fixed shall be described by the Service Administrator at https://google-search-positions.com/pricing/. The billing period shall mean the period calculated from the day the Pricing plan was activated (after a monthly fee was successfully paid) till the day preceding the same day the Pricing plan was activated (after a monthly fee was successfully paid) in the next calendar month.
«License» shall mean the grant of rights to use the Service as defined by these Terms and Conditions.
2.1 The Service Administrator agrees to provide the User with the right to use the Service on the grounds of simple (non-exclusive) license with no right to conclude a sublicense agreement. The opportunity to use the Service is provided to the User by means of granting access to the Service within the limits and the capacities the Service offers.
2.2 The terms and conditions of this Agreement apply to all subsequent updates of the software products (tools) of the Service that are available to the User. Continuation of use of the Service by the User after changes and/or additions are made to the Service shall mean that the User accepts these terms and conditions for such changes and/or additions. New tools and features will be available to the User automatically unless otherwise is separately set forth.
2.3 Licensor grants to licensee a simple (non-exclusive) license to use the Service worldwide on the conditions defined by these Terms and Conditions during the term of this Agreement.
3.1 To begin using the Service, the User must register by filling the fields of the registration form. In accordance with the submitted data, the User gets a unique name (login) and a password. After registration, the User gets a personal account and an account page.
3.2 From the moment of registration, the User is assigned a personal account, which the User has the right to top up by purchasing one of the current tariff plans.
3.2.1 The User may switch to any of the pricing plans, subject to the payment of the pricing plan monthly fees.
3.2.2 The paid tools and features of the Service shall be available to the User if the Account total balance is equal or exceeds the total cost of the selected services (of the pricing plan).
3.2.3 The expenditure of funds from the User's accounts occurs in the following order: initially, the software services of the Service are paid for using funds in the active paid Lite, Master, Studio, Business tariffs in ascending order of the end date of the tariffs, and when these funds are exhausted, they are paid for using funds in the active paid Fixed tariffs.
3.2.4 The user can purchase several tariff plans at the same time.
3.2.5 The deposit made by the User to his/her Personal Account is the license fee. Through this payment the User gets a simple (non-exclusive) license to use the Service as the result of the intellectual activity, thereby it shall not be refunded and can be used only to pay for the paid Services.
3.2.6 Paid Services are considered to be completely rendered by the Service if the Service Administrator does not receive a written claim with an explanation from the User within 10 (ten) days after the end of the billing period.
3.3 After this Agreement takes effect, the User shall not obtain exclusive rights for the Service as the result of intellectual activity in whole or in part, including the User's account.
3.4 The Service is made available to the User on the "As is" basis according to the general principles of international law: with the quality, volume, and features that are present in the Service. It means that the Service Administrator is not liable for any issues that occur during upgrades, support or operation of the Service, including issues caused by incompatibility with other software or by mismatching of the obtained results with any particular purpose expected by the User and does not provide any guarantees excluding the guarantees described in the Terms and Conditions.
By granting the User rights to use the Service, the Service Administrator does not affect the financial indicators of the User (for example, increase in demand or sales). The Service Administrator shall not be held responsible for not reaching the economic results that the User finds possible to achieve by using the Service.
3.5 The Service Administrator shall provide the User with the technical support regarding issues connected with the Service’s performance, the provided services and the operation of the Service. For authorized users, technical support is available at https://google-search-positions.com/support/. The cost of technical support is covered by the license fee.
4.1. Rights and Obligations of the User.
4.1.1 The User is obliged shall review the current version of this Agreement before the registration in the Service. By becoming the User and/or by accessing the Service, the User is bound to full and unconditional acceptance of the Agreement and its terms and conditions.
4.1.2 The User is obliged to comply with the provisions of the effective German laws and international laws, including the laws on rights to intellectual property, copyright, and related rights and not to commit acts that can cause malfunctioning of the Service.
4.1.3 The User is obliged to review the current version of this Agreement, available on the Internet at https://google-search-positions.com/terms-of-service/, at least once a month.
4.1.4 The User shall not disclose or transfer his/her passwords and logins to the third parties. The User bears full responsibility for their confidentiality. In case of an unauthorized access to the User’s login and password and/or Personal Account, the User is obliged to notify the Service Administrator immediately.
4.1.5 The Service is protected by the effective German intellectual property laws and international laws. The Service, all materials and copies of the Service exclusively belong to the Service Administrator, who provides the User with the right to use the Service under the terms and conditions set by this Agreement. The use of the Service and its contents, design elements, program codes, databases and other copyright objects is available solely within the limits of functional operation of the Service.
The User shall not use any software for automated downloading and processing (disassembling) of the Service's web pages (shall not parse the web pages of the Service).
4.1.6 The User has the right to access the Service anytime except for the periods of maintenance of the Service.
4.1.7 The User has the right to use the Service within the limits of functional capabilities of the Service on the conditions set by this Agreement.
4.1.8 The User has the right to purchase any tariff plan in order to replenish the personal account on the Service for subsequent use of the software services of the Service.
The User (sender) shall bear all wire transfer fees. The amount of the payment specified in this invoice shall be delivered in full to the Service administration account. Otherwise, the Service administration has the right to reject and return the payment (all associated expenses shall be assigned to the User) or add the actual amount of the payment to the personal/pricing plan account of the user.
4.1.9 The User has the right to change his/her password without notifying the Service Administrator.
4.1.10 The User may submit a request to terminate the Account and remove all personal information from the Service with or without a special reason at any time. The User’s Personal Account and personal information stored in the Service will be deleted within 7 (seven) days after the request is submitted. When deleting an account, funds for active tariff plans are non-refundable in whole or in part.
After User’s account terminating, this Agreement is considered to be terminated.
4.1.11 The User has other rights and obligations under the terms and conditions of this Agreement.
4.2 Rights and Obligations of the Service Administrator.
4.2.1 The Service Administrator agrees to provide to the User the access to the Service within 5 (five) days after registration in the Service.
4.2.2 The Service Administrator agrees to provide services, under the terms and conditions of this Agreement, twenty-four hours a day, seven days a week, including weekend and public holidays, except for the periods of maintenance of the Service.
4.2.3 The Service Administrator agrees to continue to keep the User’s personal data stored in the Service for 90 (ninety) days from the User’s last Paid Service.
4.2.4 The Service Administrator reserves the right to suspend the Service operation for scheduled maintenance of the technical resources that belong to The Service Administrator and for unscheduled works in case of emergency. The Service Administrator shall preliminarily notify the Service users of the maintenance by placing notifications on the site https://google-search-positions.com/ if it is technically possible.
4.2.5 The Service Administrator reserves the right to suspend the Service operation if there are problems or failures caused by third-party services that affect the operation or performance of the Service, including cases of emergency.
4.2.6 The Service Administrator reserves the right to change at any time the content, the types of services, the user interface of the Service without any advance notice.
4.2.7 The Service Administrator reserves the right to change the prices for the Service unilaterally. The Service Administrator shall preliminarily notify the Service users of the changes 30 days prior by placing the information on the Pricing page.
4.2.8 The Service Administrator reserves the right to terminate the User’s access to his/her Personal Account or to remove User’s Account including any User Generated Content at any time at its sole discretion if the User has not logged into his/her Account for 90 (ninety) days or in case of the User’s violation of the Terms. In case of termination due to the User’s violation of the Terms the deposits made by the User to his/her Personal Account shall not be refunded.
This Agreement is considered to be terminated since the day the User’s account was terminated or removed.
4.2.9. The Service Administrator has other rights and obligations under the terms and conditions of this Agreement.
5.1 The effective law of Germany shall be the governing law of the Agreement.
In case of a claim for damages, responsibility of the Service Administration to the User shall be limited to the license fee paid by the User in the last 30 days prior to the System Administrator’s violation of the Terms.
In case of the User's violation of the Terms, the User agrees to recompense all losses inflicted upon the Service Administrator fully upon the request of the Service Administrator.
5.2 The User bears full responsibility towards the third parties for any actions related to the use of the Service, including the actions that cause the violation of the rights and protected interests of the third parties; and for compliance with the German effective legislation when using the Service. The Service Administrator shall not bear any responsibility for any User’s action that violates the rights and interests of the third parties and/or German and international laws.
5.3 Under no circumstances shall either of the Parties be held responsible for not fulfilling obligations under this Agreement if the said failure is caused by force-majeure circumstances, which arise after the Agreement has been made and which are beyond the control of the Parties. If the force-majeure persists for more than 30 (thirty) days, each Party shall have the right of early termination of the Agreement or any part thereof.
5.4 The Service is an intellectual property of the Service Administrator. The breach of copyright rights shall be governed by the effective German laws.
5.5 Under no circumstances shall the Service Administrator be held responsible for failure to execute or improper execution of the terms under this Agreement, as well as for special or incidental damages, including lost profits and possible damage caused by actions of Internet users towards breaches of information security or improper functioning of the Service; lack of Internet connection between the User's computer and the servers of the Service Administrator; operative research activities undertaken by any government organizations and municipal authorities or other institutions; imposing of government regulations (or control by other institutions) on activities of commercial organizations on the Internet, or one-time limitations created by the above mentioned institutions that can make fulfilling of this Agreement difficult or impossible; and other cases caused by actions or non-actions of Internet users and/or any other subjects toward deterioration of the usage of the Internet network and/or computer equipment at the time the present Agreement is in effect.
5.6 In case any disputes or differences arise between the Parties in connection with the fulfillment of this Agreement, the Parties will make every effort to resolve the disputes or differences by negotiations. Claims dispute resolution process shall be mandatory for the Parties. The Party shall reply to a claim within ten days after that claim was made.
5.7 In case disputes or differences between the Parties are not resolved by negotiations, they are to be resolved by the Arbitration Court of Uelzen, Germany.
6.1 The Agreement takes effect at the moment when the Service Administrator receives the User's Acceptance and is valid until all the obligations are completely fulfilled by the Parties.
6.2 The Agreement can be terminated at any time by mutual agreement of the Parties. In case of a breach of any terms and conditions of the Agreement by the User, the Service Administrator shall have the right to terminate the Agreement immediately without any refund to the User.
6.3 Due to the fact that these terms and conditions are regarded as a public offer until accepted by the User, the Service Administrator reserves the right of premature withdrawal of this offer according, which shall be done by placing the relevant information on the site.
6.4 The Service Administrator reserves the right to change the terms and conditions of the Agreement unilaterally by making changes to this Agreement and placing the relevant information accessible to the general public on the Website.
Hereinabove mentioned changes take force from the time of their placement, unless otherwise separately set forth herein. The continuation of the use of the Service by the User after changes and/or additions are made to the Agreement shall mean the User’s agreement with and acceptance of such changes and/or additions.
7.1 Disclaimer. EXCEPT WHERE PROHIBITED BY LAW, THE SERVICES AND THE WEBSITE ARE PROVIDED “AS-IS” AND “AS AVAILABLE” AND WE EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE SERVICES OR THE WEBSITE (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) WILL BE APPROPRIATE OR AVAILABLE FOR USE IN ALL LOCATIONS; OR (D) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. WE FURTHER MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING THE ACCURACY OR COMPLETENESS OF THE CONTENT ON ANY SITES TO WHICH THE WEBSITE OR SERVICES ARE LINKED.
7.2 Limitation of Liability. With the exception of any indemnification obligations stated herein, in no event will either party and its respective affiliates, officers, directors, employees, or agents be liable for any indirect, incidental, special, punitive, or consequential damages or loss of profits, revenue, data or business opportunities arising out of or related to this agreement, whether an action is in contract or tort and regardless of the theory of liability whatsoever arising from or related to either this Agreement or use of the Services or the Website. Our maximum aggregate liability to you for any damages arising from or related to this Agreement is limited to the greater of (a) fifty dollars (US $50) or (b) amounts you have paid to us under this Agreement within the prior three (3) month. You understand and agree that if you do not agree to this limitation of liability, we would not provide the Services to you. Any cause of action you may have hereunder or with respect to your use of the Site or our Services must be commenced within one (1) year after the claim or cause of action first arises. The limitation of liability set forth in this paragraph shall apply to the fullest extent permitted by law.
7.3 Warranty Disclaimer With Regard To Third Party Sites, Third Party Services and Products. Service Administrator and its affiliates disclaim any liability with respect to any Third Party Sites, your access of any Third Party Sites, and any Third Party Services and Products that you use and for any claim arising out of Service Administrator’s authorized use of your Content.
You agree to defend, indemnify and hold harmless Service Administrator and its officers, 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 (a) your breach or other violation of this Agreement, (b) your Content, (c) your use of and access to the Services and the Website, or (d) your violation of applicable law or any third party right, including without limitation any privacy, intellectual property or other proprietary right. This defense and indemnification obligation will survive the termination of this Agreement and your use of the Services and the Website. Service Administrator reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting Service Administrator’s defense of such matter.
9.1 Confidentiality. All confidential information disclosed by a party ("Disclosing Party") to the other party ("Receiving Party"), whether orally or in writing, that is designated in writing as confidential (“Confidential Information”) will be safeguarded by the Receiving Party to the same extent that the Receiving Party safeguards its own information of like kind, but using not less than a reasonable degree of care. The Receiving Party shall not use Confidential Information for any purpose outside the scope of this Agreement or disclose Confidential Information to any third party (except as explicitly stated in our Privacy Policy). The Receiving Party’s obligations under this section shall not apply to information which is publicly available through no fault of the Receiving Party, already in Receiving Party’s possession without obligation of confidentiality, rightfully obtained by Receiving Party from third parties not under obligation of confidentiality, or independently developed by Receiving Party as evidenced by written documentation. If the Receiving Party is requested pursuant to a court or government order to disclose Confidential Information, the Receiving Party will give the Disclosing Party written notice (if not legally prohibited from doing so) sufficient to enable the Disclosing Party to seek protective order and the Receiving Party will cooperate with the Disclosing Party in such effort.
9.2 Assignment. You may not assign or transfer this Agreement, or rights or obligations under it, without our prior written consent. We may assign this Agreement, in whole or in part, without restriction. Any assignment or transfer in violation of the foregoing shall be deemed void and of no effect. Subject to the foregoing, the provisions of this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns.
9.3 Force Majeure. We shall not be liable for failure or delay of performance of our obligations resulting from any condition beyond our reasonable control, including but not limited to, third party equipment or services, communications failure, governmental action, war, acts of terrorism, earthquake, fire, flood or other acts of God, labor conditions, power failures, and Internet disturbances.
9.4 Notices. Notifications will be sent to you at the email address associated with your account. You agree to receive communications from us in an electronic form. All notices to you will be deemed received when sent. We may, but are not obligated to, provide communications in paper format. Legal notices to us shall be given to info@google-search-positions.com.
9.5 Entire Agreement. This Agreement is the entire agreement between you and Service Administrator concerning your use of the Website and the Services and supersedes all other proposals and agreements, whether in oral, written or electronic form. In the event of any conflict between the terms of this Agreement and the terms on the Website or any other document, the terms of this Agreement shall prevail. No terms in any purchase order or in any order documentation are incorporated into or form any part of this Agreement. If you have ordered the Services through our reseller, the terms of this Agreement shall apply to the exclusion of all other varying terms and conditions. Resellers are not authorized to make any promises or commitments on our behalf, and we are not bound by any obligations to you other than what we specify in this Agreement.
9.6 Changes. WE MAY CHANGE THE TERMS OF THIS AGREEMENT FROM TIME TO TIME BY POSTING THE UPDATED AGREEMENT ON THE WEBSITE. YOU CAN REVIEW THE MOST CURRENT VERSION OF THIS AGREEMENT AT ANY TIME AT https://google-search-positions.com/terms-of-service/ OR A SUCCESSOR URL THAT WE MAY DESIGNATE. THE REVISED TERMS AND CONDITIONS WILL BECOME EFFECTIVE IMMEDIATELY AFTER WE POST THE UPDATED TEXT ON THE WEBSITE. IF YOU USE THE SERVICES AFTER SUCH DATE, SUCH USE WILL CONSTITUTE ACCEPTANCE OF THE REVISED TERMS AND CONDITIONS. We also reserve the right to modify the Services from time to time in our sole discretion. If any change to this Agreement is not acceptable to you, or if any change we make to the Services is a material reduction in functionality, you may, as your sole remedy for such change, stop using the Services.
9.7 Languages. You agree that this Agreement is written in the English language and that the English language version of this Agreement and any related document (including notices) shall prevail. Notwithstanding the foregoing, if you are located in a country whose laws require that contracts be in the local language in order to be enforceable, then the version of this Agreement that governs is the local language version that is produced by Service Administrator within a reasonable time following your written request to us.
9.8 No Waiver. No failure or delay by Service Administrator to exercise any right or remedy will be a waiver of such right or remedy or any other right or remedy. A waiver on one occasion will not be a waiver of any right or remedy on any future occasion.
9.9 Severability. If any provision of this Agreement is found by any court or other authority of competent jurisdiction to be invalid, unenforceable or illegal, this shall not impair the operation of this Agreement or affect the other provisions which are valid.
9.10 Relationship of the Parties. This Agreement does not create or imply any agency, partnership or franchise relationship. Nothing in this Agreement, express or implied, is intended to or shall confer on any third party any right, benefit or remedy of any nature whatsoever.
9.11 No Third Party Beneficiaries. Nothing in this Agreement is intended to or shall confer upon any person other than the parties and their respective successors and permitted assigns any legal or equitable right, benefit or remedy of any nature under or by reason of this Agreement.
Kanstantsin Matveyeu
Hagebuttenweg 13
29525, Uelzen, Germany
+1 (917) 730 2087
info@google-search-positions.com
Bank details
Bank: Revolut Bank UAB
IBAN: LT48 3250 0018 0972 5780
BIC/SWIFT: REVOLT21
Intermediary BIC: CHASDEFX
VAT Number: DE367185523
