Terms of Service
These Terms of Service ("Terms") govern subscription to and use of SearchAF, Antfly's APIs and other services for businesses and developers. By accessing or using Antfly's Websites and Services, you accept these Terms.
1. Agreement
These Terms are made by and between the party on whose behalf they are accepted ("Subscriber") and Antfly, Inc., a Delaware corporation with a mailing address at 1355 NW Everett St Suite 100, Portland, OR 97209, United States. The complete subscription agreement grants Subscriber a limited subscription to use Antfly's hosted search, support, or other services.
2. Free Services
Antfly may offer free or trial versions of the Services. Free Services are provided "AS IS" and "AS AVAILABLE" without any warranty of any kind. Free Services may be suspended, terminated, modified, or discontinued at any time.
3. Antfly's Obligations
Antfly will make the Services available according to Service Orders, comply with applicable laws, make documentation available at searchaf.com/docs and docs.antfly.io, store and process Subscriber Data according to the Agreement, and maintain appropriate security safeguards.
4. Subscriber's Obligations
Subscriber is responsible for Subscriber Data and shall: comply with the Acceptable Use Policy; use Services in accordance with the Agreement; prevent unauthorized access; not use Services for fraudulent purposes or in violation of laws; not interfere with Services; not attempt unauthorized access to Antfly systems; not sell, resell, or sublicense the Services; not copy, modify or create derivative works; not access Services to develop competitive products; and not reverse engineer the Services.
5. Term and Termination
These Terms are effective during the term of any Service Order. Service Orders renew for successive terms unless either party gives at least 30 days' notice of nonrenewal. Either party may terminate for cause upon 30 days' written notice of a material breach if the breach remains uncured.
6. Beta Services
Beta Services are provided only for evaluation purposes, may not be relied on for production use, and are provided "AS IS" and "AS AVAILABLE" without any warranty. Beta Services may be terminated at any time.
7. Fees and Payment
Subscriber will pay all fees specified in Service Orders in U.S. Dollars. Fees paid are not refundable. Invoices are due on the invoice date (credit card) or net 30 days (other methods). Subscriber is responsible for all applicable taxes.
8. Confidentiality
Each party shall safeguard all Confidential Information of the other party with at least the same degree of care as it uses to safeguard its own confidential information. Confidential Information includes Subscriber Data, Services, terms and pricing, business plans, technology, and product designs.
9. Licenses and Proprietary Rights
Subscriber grants Antfly a limited license to use Subscriber Data as necessary to provide the Services. Antfly grants Subscriber a limited non-exclusive, non-transferable license to use Antfly Software solely in connection with the subscribed Services. The Services, Software, and Documentation are proprietary to Antfly.
10. Limitation of Liability
A party's aggregate liability arising out of or related to the Agreement will not exceed the total amount paid by Subscriber for the Services in the 12 months preceding the first incident. Neither party will have any liability for lost profits, lost opportunities, or indirect, special, incidental, consequential, cover, or punitive damages.
11. Warranties
Antfly warrants that Services will perform materially in accordance with Documentation, be provided in accordance with applicable SLAs, and that Security Measures will not be decreased. Except as expressly provided, neither party makes any other warranties, including implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
12. Indemnification
Antfly will indemnify Subscriber against third party claims that the Services infringe intellectual property rights. Subscriber will indemnify Antfly against claims arising from Subscriber Data or Subscriber's breach of the Agreement.
13. Governing Law
The Agreement shall be governed by the laws of the State of Oregon. Courts within Multnomah County, Oregon shall have exclusive jurisdiction.
14. Force Majeure
Except for payment obligations, neither party will be liable for failure to perform caused by conditions beyond reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, labor conditions, governmental action, or disruption of telecommunications.
15. Modifications
Antfly may modify these Terms from time to time. Material changes become effective 30 days after posting. Your continued use of the Services constitutes acceptance of the modified Terms.
Contact
For legal notices or questions about these Terms, contact us at legal@antfly.io or:
Antfly, Inc.
Attn: Legal
1355 NW Everett St Suite 100
Portland, OR 97209
United States