These terms of use (the "Terms") represent a legal agreement between you and aiHit Limited ("aiHit") and govern the use of our Site and / or the Services whether you are a guest user, or a registered user. By accessing our Site or the Application or by using any of the Services, you acknowledge and agree to be bound by these Terms. In particular, you acknowledge that you have read sections 7 & 8 which explains how we source our data and the limitations associated with our data. If you do not agree to these Terms you must not use the Services.
These Terms should be read in conjunction with our Cookie Policy.
| 1. | Definitions | |
| 1.1. | “Access Credentials” means any login names, user identification code, access key, password or any other similar information whether provided by us or created by you for the purposes of granting you access to the Services. | |
| 1.2. | “Agreement” means this agreement and any Variations to it that are notified to you in accordance with these Terms; | |
| 1.3. | “aiHit”, “we” “our” and “us” means aiHit Limited, a company registered in England and Wales (Company Number 06289636) whose primary place of business is Centurion House, London Road, Staines-upon-Thames, TW18 4AX, United Kingdom | |
| 1.4. | “Application” means any software applications, user interface or functions on our Site, or which power our Site, or enable the delivery of Services | |
| 1.5. | “Data” means any information published on our Site or generated by Applications including the Profiles or any part thereof. | |
| 1.6. | “Profile” means a profile created by our system which includes details of an organisation or individual and information relating to that organisation or individual. | |
| 1.7. | “our Site” shall mean any websites operated by us. | |
| 1.8. | “Services” shall mean any services provided by us, whether free or paid for and shall include access to our Site, the provision of data by us by whatever means, the application programming interface and use of any Application. | |
| 1.9. | “you”, “user” “customer”, shall mean you, whether as a customer, subscriber, registered user, guest user or otherwise a user of the Services. | |
| 2. | License | |
| 2.1. | We grant you a non-exclusive, non-assignable, revocable license (the "License") to use the Services solely for your own personal and/or your internal business purposes only, subject to all of the Terms hereof, including your satisfaction of any requirements to register, make payments and/or other any other requirements that may apply to particular Services. | |
| 2.2. | You may not modify, copy, distribute, download for storage on a hard drive or any other storage media, publish, display, use, license, create derivative works from, transfer or sell any Data, except that you may store and/or print Data as needed for your personal and/or your internal business purposes. | |
| 2.3. | The License limitations shall apply regardless of whether you pay for the Services or not. | |
| 3. | Your Account And Password | |
| 3.1. | You must treat any Access Credentials as confidential. You must not disclose it to any third party and must not allow anyone other than you to use these Access Credentials to access the Services. | |
| 3.2. | We have the right to disable any Access Credentials at any time if in our reasonable opinion you have failed to comply with any of the provisions of these Terms. | |
| 4. | Your use of our Site, Data and Applications | |
| 4.1. | You may not use any automated system or software (including but not limited to any automated or semi-automated device, tool or mechanism including robots, spiders, or intelligent agents) to navigate, search or extract Data from our Site, the Application or the Services. | |
| 4.2. | You may not use the Data or Services in any manner that violates any law in any jurisdiction and in particular you may not use email addresses from Profiles for the purposes of mass mailing or “spam”. Where email addresses form part of the Services, they are provided exclusively for you to verify or confirm email addresses already in your possession. | |
| 4.3. | You may not use our Data or any part of the Services in order to build a product or service which competes with the Services nor will you use the Services to provide services to third parties, except with the express permission in writing of aiHit Limited. | |
| 4.4. | You may not attempt to gain unauthorised access to the Services or to modify them, or violate or attempt to violate the security of any of the Services, including logging in to a system or a user account that you are not authorised to access; attempting to test, scan, probe, hack or exploit any vulnerability of the Services or any network used by us to provide the Services or to breach any security, encryption or other authentication measures; or attempting to interfere or cause disruption to the Services by overloading, flooding, pinging, mail bombing, crashing it or any by causing any other form of denial of services attack. | |
| 5. | Information supplied by you | |
| 5.1. | Any information supplied by you as part of any registration process for the supply of Services must be true, accurate, current and complete and belong to you and you agree to maintain and update such information to keep it up-to-date, accurate and complete at all times. | |
| 5.2. | You warrant that any information supplied by you (including but not limited to updates to Profiles, comments and other information that you may provide) is accurate and truthful and does not contain libellous, defamatory, untrue or otherwise unlawful material, or violate, plagiarize, or infringe upon the rights of any third party, including trademark, privacy, copyright or other personal, business or proprietary rights. | |
| 5.3. | You hereby agree to indemnify, defend and hold harmless aiHit and its successors or assigns and our directors, staff, shareholders, agents, licensors and licensees of the foregoing from and against any and all liability and costs incurred by them (including reasonable legal fees) in connection with any claim arising out of any breach by you of these Terms or the these representations, warranties and covenants. | |
| 6. | Purchases of Subscription Services | |
| 6.1. | General. Subject to payment by you of the relevant fees and charges, you may purchase from us such subscription services as are made available by us from time-to-time. Subscription services shall entitle you to such data access and such services as are described on our websites aihitdata.com and aiHit.com, subject to payment by you of the relevant monthly subscription fee. | |
| 6.2. | Trial Period. Where a free trial is offered for a subscription service, you may terminate the service any time prior to the end of the trial period and you will not be charged a fee. Where a free trial is offered, if you do not terminate a subscription service prior to the end of the free trial period you will automatically be charged the monthly subscription fee for the service. Trial periods will commence on the day you subscribe and will terminate at midnight UTC on last day of the trial period. For example, if a one month trial period is offered, a trial period commencing at any time on 4th February will terminate at midnight UTC on 3rd March. Unless a free trial period for a subscription service is clearly offered there shall be no free trial period and the relevant fee for the subscription will be payable immediately. | |
| 6.3. | Payments. Subscription payments are payable monthly in advance and are not refundable. Invoices will be raised and be payable on either i) as soon as you subscribe; or ii) where there is a free trial period, immediately following the expiry of the free trial period. Thereafter (subject to clause 1.4) you will be billed on the same day of each subsequent month until your subscription is terminated. | |
| 6.4. | Monthly billing periods. If a monthly subscription is scheduled for a date that does not occur in a given month, we'll create the charge on the last day of the month. For example, if a monthly subscription is scheduled for the 31st day of each month, we'll create the charge on the 30th of April, June, September, and November, and the 28th of February (or the 29th, if it exists). The following month, we'll create the charge on the 31st as usual. | |
| 6.5. | Changing your subscription. If you change your subscription service, you will be able to access the new subscription service the same day. If the price for the new subscription service is different you will start paying the new subscription fee at your next monthly billing date. If the new subscription service is less expensive than the previous subscription service you will not be refunded any difference in price for the unexpired portion of the old subscription service. If the new subscription is more expensive you will not be charged any additional amount for the unexpired portion of the old subscription service. | |
| 6.6. | Invoices. Invoices will be available and can be viewed and downloaded at any time at https://www.aihitdata.com/my-account/invoices once logged in to our Site. | |
| 6.7. | VAT. If you are resident in the European Union (“EU”), you will be charged VAT at the prevailing rate for your location. If you are a VAT registered business customer located in the EU (but outside the UK) you may enter your VAT registration number into our payment form, where it will be validated. If validation is successful you will be invoiced the subscription amount net of the VAT that would be applicable in your location. You undertake not to falsify either your location, or VAT number for the purposes of reducing or avoiding VAT that would otherwise be applicable. If you are a consumer, or a business that is not registered for VAT, (but is resident in the EU) you will be charged VAT at the applicable rate for your country / location. | |
| 6.8. | Payment Failure. Your use of the Services may be suspended or terminated by us, without liability or refund, if you breach any of these Terms or if any payment, when it is due, is declined, rejected or reversed for any reason during your subscription period. (It is your responsibility to ensure that the payment card details we hold for you are up to date and valid.) | |
| 7. | Our Data | |
| 7.1. | By using our Services, you expressly acknowledge that you have read and understood how we collect our Data and the limitations of our Data. | |
| 7.2. | Our data is sourced from company websites, statutory bodies such as Companies House in the UK and from users. | |
| 7.3. | Web sourced data. The majority of our data is created by our search engine which finds and classifies websites and using advanced logic, including artificial intelligence attempts to extract and structure data to create a Profile. This extraction logic is not perfect and is subject to errors and omissions. To the extent that it is an accurate extraction and correct interpretation and classification of the information published on a company’s website, it was only correct at the time our engine last crawled the site and may have changed. | |
| 7.4. | Data from statutory bodies. Information from statutory registers (e.g. Companies House – the UK government register of companies) is also used to build some but not all of the Profiles. Where possible our engine tries to match Profiles created from statutory registers with Profiles created from the web to create consolidated profiles. This matching logic is not perfect and is subject to errors and omissions. To the extent that data included in a Profile has been sourced from statutory registers, it was correct at the time our engine sourced it, but may have changed subsequently. | |
| 7.5. | User sourced data. is generally restricted to comments which are added to Profiles. We have no way of validating any user generated data and we are not responsible for that content. | |
| 7.6. | Links from Our Site. Our profiles, if they include data sourced from a company’s website, will include a link or links to those websites. Unless it is to a website operated by us, we are not responsible for content of those websites. Any issues or concerns regarding these websites should be directed to the respective owners, administrators or web masters of those websites. | |
| 8. | No Reliance | |
| 8.1. | Our data is supplied on an “as is” basis. You confirm that you understand that because of the way our Data is sourced we do not represent, endorse, warrant or guarantee that it is truthful, up-to-date, complete or accurate. | |
| 9. | Intellectual Property | |
| 9.1. | The Services and all related trademarks (whether registered or unregistered) belong to us or other third parties. Data that we extract from websites and publish in a Profile belongs to the owners of that website. Access to the Services does not grant you any database rights or rights in the copyright, trademarks or intellectual property of aiHit or any third party. | |
| 9.2. | You may not attempt to duplicate, copy, modify, create derivative works from, mirror, republish, download, display, transmit, or distribute all or any portion of the Data in any form or media or by any means. | |
| 9.3. | You may not attempt to reverse engineer, disassemble, reverse compile, or otherwise reduce to human-perceivable form all or any part of the Services. | |
| 9.4. | In the event that you are notified by a third party of any claims to have rights in the Services or any portion thereof or that use of the Services infringes any right of that third party, you agree to immediately notify us and, at our request, to immediately cease using the Services. | |
| 10. | Limitations of Liability | |
| 10.1. | Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, or any other liability that cannot be excluded or limited by English law. | |
| 10.2. | The Services are provided on an “as is” basis. As such, to the extent permitted by law, no representations, conditions, warranties or other terms of any kind are given in respect of the Services, and all statutory (or implied) warranties and conditions are excluded to the fullest extent possible. | |
| 10.3. | We will not be liable for (without limitation) loss of profits, sales, business or revenue, losses arising from business interruption, loss of goodwill, reputation or any direct, indirect or consequential loss or damage. | |
| 10.4. | We will not be liable to you for any loss or damage (whether direct or indirect), whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with the use of the Services, or from any inability to use the Services or the use of or reliance on our Data howsoever provided. | |
| 10.5. | While we take reasonable steps to protect our systems, we will not be liable for any loss or damage caused by any virus, trojan, rootkit, malware or other technologically harmful material that may infect your computer systems, mobile phones, programs, or data due to your use of the Services or to your downloading any content arising from the Services, or from you following any website link provided by us in the course of you using the Services. | |
| 10.6. | Notwithstanding the above, other than liability for death or personal injury arising from our negligence, our maximum liability in all circumstances shall not exceed the amount you have paid to us for the Services or £250, whichever is lower. | |
| 10.7. | You agree that your use complies with these Terms and you hereby agree to indemnify us against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of business opportunity, loss of reputation and all interest, penalties and legal and other professional costs and expenses) suffered or incurred by us arising out of or in connection with your use of the Services otherwise than in accordance with these Terms or applicable law, regulation or otherwise. | |
| 11. | Variation | |
| 11.1. | We may modify these Terms at any time by posting changes to our Site and any changes will become immediately effective for you from the first time you visit our Site or use our Services after the date of change. | |
| 11.2. | If you are a registered user we will send you an email to the email address you used to register, notifying you that these Terms have changed. | |
| 11.3. | If you pay for Services, any change to our Terms that involves a change in the fees, will only apply if you expressly agree. | |
| 11.4. | If you do not agree, or you find any of these Terms unacceptable, you must stop using the Services. | |
| 12. | Assignment | |
| 12.1. | We may at any time assign both the benefit and burden of this Agreement, but such assignment will not affect your rights or our obligations to you under these Terms. | |
| 12.2. | You may only assign your rights and obligations under this Agreement with our express written permission. | |
| 13. | General | |
| 13.1. | Waiver and Severability. Each of the conditions set out herein operates separately and should any court or relevant authority determine that any of them are unlawful or that they cannot be enforced, or should we delay enforcing any particular condition, the remaining conditions shall remain in full force and effect; and any delay by us in enforcing any of these conditions shall not constitute a waiver of any term of this Agreement. Any waiver by us of any Term shall not constitute a waiver of any other Term which shall remain in full force and effect. | |
| 13.2. | Construction. The headings, titles and subtitles in these Terms are used for convenience only and are not intended to affect the meaning or interpretation of these Terms. | |
| 13.3. | Force Majeure. We shall not be liable to you for any failure to perform, or delay in performing the Services as a result of any cause which is beyond our reasonable control including but not limited to strikes, civil commotion, riot, terrorist attack, war, conflict or the threat of any of the forgoing, failure of public or private electricity or telecommunications networks or services, or other critical infrastructure. | |
| 13.4. | No Third Party Rights. This Agreement is between you and us and we both agree not to confer any rights on any third parties by virtue of this Agreement and accordingly the Contracts (Rights of Third parties) Act 1999 shall not apply to this Agreement. | |
| 13.5. | Applicable Law and Jurisdiction. The terms of this Agreement and the provision of Services under it are governed by English law and you agree that any dispute or claim arising from it will be made under English Law and you agree to the exclusive jurisdiction of the courts of England and Wales. | |