A fairly wordy legal agreement between you and us
The gist:
We (the folks at The SEO Framework) run “The SEO Framework – Extension Manager” (TSFEM) services to help you to monitor and further enhance the SEO of your website/blog using The SEO Framework plugin. To use TSFEM service, please register with us to obtain a TSFEM API Key. The SEO Framework plugins themselves are and stay free for personal and commercial use. We offer paid licenses for use of the TSFEM service. You can use your TSFEM API Key with our WordPress Plugin TSFEM. Please make sure you read through, understand and agree with the terms of this agreement before you start to use The SEO Framework websites, download the TSFEM WordPress Plugin or use your TSFEM API Key.
(Note, we have used the Terms of Service made available by Akismet under a Creative Commons Sharealike license as a foundation under our Terms and Conditions; we are very grateful to them)
NOW THAT THE LEGAL STUFF IS DONE: Grab your license key.
The theseoframework.com, tsf.fyi, tsfcloud.com, and tsfcloud.net networks (“Website”) are hosted SEO monitor and enhancement services (“Service”) operated by The SEO Framework (“TSF Company”). Any use of the Website and Service is subject to the following Terms and Conditions of Use (“Terms and Conditions”), as well as to The SEO Framework’s Privacy Policy, all of which are incorporated by reference into these Terms and Conditions. When you use a TSFEM API Key (“API Key”), download the TSFEM WordPress Plugin (“Plugin”), or access any part of the Website or use the Service, you agree that you have read, understood, and agree to be bound by these Terms and Conditions concerning your use of: (a) the Website and Service; (b) the API Key; and (c) the Plugin.
- General. To get an API Key for personal or commercial use, and to download the Plugin to use our Service, you must first register with the Website. After obtaining or purchasing an API Key, you will be able to use the Service. TSF Company may in its sole discretion change, modify, suspend, make improvements to or discontinue any aspect of the Website and Service, temporarily or permanently, at any time and without notice to you. Under no circumstances will TSF Company be liable for any such change, modification, suspension, improvement or discontinuance. If you do not agree with any of these changes, you may terminate your account as set forth in Section 14.
- Registration. By registering with TSF Company, you represent and warrant that the information you provide to TSF Company in connection with any registration process is true and accurate, and that you will promptly notify TSF Company if any of that information changes. TSF Company may use the information that you provide during the registration process, in particular, your email address: (a) to communicate with you about the Website and Service, including without limitation, any changes to The SEO Framework’s Privacy Policy or other policies; (b) respond to your emails to us regarding spam; and (c) for all other purposes stated in The SEO Framework’s Privacy Policy. TSF Company reserves the right to terminate your access to and use of all of the TSF Company websites if you provide false or inaccurate information.
If you obtain or purchase an API Key, you are responsible for maintaining the security of your API Key, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with your API Key. You must immediately notify TSF Company of any unauthorized uses of your API Key, your account or any other breaches of security. TSF Company will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. - Commercial Use Plans, Fees and Payment. TSF Company delivers TSFEM as a package of add-ons/services for one fee per year on a ‘fair use policy’ basis. You may choose which part of our add-ons/services you want to use. If you choose to purchase an API Key from TSF Company, TSF Company will invoice you in advance. TSF Company reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. Your continued use of the API Key constitutes your acceptance of all of the changed payment and fee terms.
- Responsibility of Website Visitors. TSF Company has not reviewed, and cannot review, all of the material posted to the Website, and cannot, therefore, be responsible for that material’s content, use or effects. By operating the Website, TSF Company does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses and other harmful or destructive content. TSF Company disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
- Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which the Website links, and that link to the Website (for example software linked to from the site). TSF Company does not have any control over those non-TSF Company websites and webpages, and is not responsible for their contents or their use. By linking to a non-TSF Company website or webpage, TSF Company does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses and other harmful or destructive content. TSF Company disclaims any responsibility for any harm resulting from your use of non-TSF Company websites and webpages.
- Copyright Infringement and DMCA Policy. As TSF Company asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by the Website violates your copyright, you are encouraged to notify TSF Company in accordance with TSF Company’s Digital Millennium Copyright Act (“DMCA”) Policy. TSF Company will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a user who may infringe or repeatedly infringes the copyrights or other intellectual property rights of TSF Company or others, TSF Company may, in its discretion, terminate or deny access to and use of the Website or Service. In the case of such termination, TSF Company will have no obligation to provide a refund of any amounts previously paid to TSF Company.
- Trademarks. TSF Company, The SEO Framework, TSFEM, theseoframework.com, premium.theseoframework.com, dl.theseoframework.com, tsfem.com, tsfmonitor.com, The SEO Framework logo, and all other trademarks, service marks, graphics and logos used in connection with TSFEM or the Website are trademarks or registered trademarks of TSF Company or TSF Company’s licensors. Other trademarks, service marks, graphics and logos used in connection with these Websites may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any TSF Company or third-party trademarks.
- Changes. The Website, Service, and these Terms and Conditions may be changed at the sole discretion of TSF Company and without notice. You are bound by any such updates or changes, including but not limited to those affecting these Terms and Conditions, and so should periodically review these Terms and Conditions.
- Communications with TSF Company. All notices and other communications to TSF Company required under this Agreement should be directed to the TSF Company contact page. A notice shall be deemed given twenty-four (24) hours after a notice is sent. Alternatively, we may give notice by mail to the address provided during the registration process. In such case, notice is deemed given five (5) days after the date of mailing.
- Limitation of warranties of TSF Company, its suppliers and its licensors. Except as otherwise expressly stated, all content posted to or available from the Website and the Service are provided “as is”, and TSF Company, its suppliers and its licensors make no representations or warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, title or non-infringement of proprietary rights. TSF Company makes no representations and warranties regarding uptime for the Service and the accuracy of the Service. You understand and agree that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk, and that TSF Company, its suppliers and its licensors will have no liability or responsibility for any damage to your computer system or data that results from the download or use of such content or services. Some jurisdictions may not allow the exclusion of implied warranties, so some of the above may not apply to you.
- Limitation of liability of TSF Company, its suppliers and its licensors. Except as otherwise expressly stated, in no event will TSF Company, its suppliers or its licensors be liable to you or any other party for any direct, indirect, special, consequential or exemplary damages, regardless of the basis or nature of the claim, resulting from any use of the Website or Service, or the contents thereof or of any hyperlinked website including without limitation any lost profits, business interruption, loss of data or otherwise, even if TSF Company, its suppliers or its licensors were expressly advised of the possibility of such damages. In no event will the aggregate liability for any and all of your claims against TSF Company, its suppliers and its licensors arising out of or related to use of the Website and Service, or the contents thereof or of any hyperlinked website exceed the amounts actually paid by you to TSF Company during the 12-month period prior to the date a claim is made. Some jurisdictions may not allow the exclusion or limitation of liability for certain incidental or consequential damages, so some of the above limitations may not apply to you. You agree that this Section 11 represents a reasonable allocation of risk.
- General Representation and Warranty. You represent and warrant that your use of the Website and Service will be in accordance with The SEO Framework Privacy Policy, with these Terms and Conditions, with any applicable laws and regulations, including without limitation any local laws or regulations in your country, state, city, or other governmental areas, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the country in which you reside, and with any other applicable policy or terms and conditions.
- Indemnification. You agree to defend, indemnify and hold harmless TSF Company, its contractors and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Service, including but not limited to out of your violation of any representation or warranty contained in these Terms and Conditions.
- Termination. TSF Company may terminate this Agreement, your rights under this Agreement, and your access to and use of the Website and Service in its sole discretion, for any reason or no reason at all, (including but not limited to failure to pay your fees), with or without cause and without notice or liability to you or any third party. Any termination of these Terms and Conditions automatically terminates the license to use the Service and this Website and to use your API Key. You may terminate these Terms and Conditions for any reason at the expiration date of the subscription without prior notice to TSF Company.
- Survival. Upon termination, all rights and obligations created by this Agreement will terminate, except that you will continue to be bound by those terms that would by their nature survive such termination, including without limitation those concerning intellectual property rights, disclaimers of warranties and limitations of liability; representations, warranties and indemnity obligations; and general provisions.
- Miscellaneous. These Terms and Conditions constitute the entire agreement between TSF Company and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of TSF Company, or by the posting by TSF Company of a revised version. Except to the extent applicable law, if any, provides otherwise, these Terms and Conditions, any access to or use of the Website will be governed by the laws of The Netherlands, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the District Court of The Hague, The Netherlands. If any part of these Terms and Conditions is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of these Terms and Conditions or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. TSF Company may assign its rights under these Terms and Conditions without condition. These Terms and Conditions will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
Done? Great, grab an API key and start improving your website’s SEO!
Changelog:
- May 9th, 2019:
- We’ve expanded our network over more servers, so we now state that our website is a network.
- Fixed some grammar, without changing the meaning.