Terms of Service

Effective Date: August 19, 2013

1. Purpose

The purpose of these General Terms and Conditions is to define the terms and conditions of use of the services provided by Algolia, described in Article 6 (hereinafter referred to as the "Services") as well as to define the rights and obligations of the various parties within this framework, in particular the users of the Services (hereinafter referred to as "the Users").

The Services can be accessed through the website www.algolia.com (hereinafter referred to as the "Website").

These General Terms and Conditions can be accessed and printed at any moment from a direct link on the Website's homepage.

They may be subject to certain additional terms and conditions specific to certain Services. The latter are hereby incorporated into the General Terms and Conditions of Use. In the case of any inconsistency between the General Terms and Conditions of Use and these specific conditions, the latter shall prevail.

2. Manager of the Website and Services, Contact Details

The Website and the Services are managed by the company Algolia, a limited liability company with a registered capital of EUR 40 000, registered under number 788 680 858 with the Registry of Trade and Companies of Bobigny, and whose head office is located at 14 C Villa de l’Industrie, 93400 Saint-Ouen (hereinafter referred to as "Algolia").

Algolia can be contacted at contact@algolia.com

3. Website and Services reserved for professional use

The Website and the Services are intended exclusively for professionals, understood as any person or entity who has a regular remunerated activity in any branch of trade or industry, including especially the branch of software, website or application development.

4. Acceptance of the General Terms and Conditions of Use

The use of the Website and/or the Services entails the User’s full and complete acceptance of these General Terms and Conditions of Use, without any reservation. Any qualified acceptance is considered as null and void. Users who do not accept to be bound by the General Terms and Conditions of Use must not access the Website or use the Services.

5. Registering on the Website

5.1 In order to use the Services, Users must register on the Website by completing the registration form. Users must provide all information that is marked as being required. Incomplete registrations shall not be validated.

Registering automatically entails the opening of an account in the Users' name (hereinafter referred to as the "Account"), giving Users access to their own personal space (hereinafter referred to as the "Personal Space") which shall enable them to use the Services in a format and according to the technical means that Algolia deems the most appropriate for providing said Services.

Users guarantee that all information they provide in the registration form is exact, up to date and sincere and is in no way misleading or dishonest.

They agree to update this information in their Personal Space in the event that any of it should change in order to continuously meet the above-mentioned criteria.

Users are hereby informed and accept that the information provided by them for the creation or update of their Account is valid as proof of their identity. Details entered by Users shall be binding upon confirmation.

5.2 Users can access their Personal Space by logging in to the Website using their connection ID and their password.

Users agree to use the Services themselves personally and agree not to allow any third party to use them on their behalf, unless accepting full responsibility for the consequences.

In the same way, Users are responsible for keeping their connection ID and password confidential. Users must contact Algolia immediately through any of the channels mentioned in Article 2 of these General Terms and Conditions of Use, if they notice that their account has been used without their knowledge. Users acknowledge Algolia's right to take all measures it deems appropriate in a case such as this.

6. Description of the Services

Users have access to the following Services, in a format and according to the technical means that Algolia deems the most appropriate.

For the purpose of the present General Terms and conditions, Algolia’s API, search engine and API clients described in article 6.1, SDK defined in article 6.2, together with the documentation referred to in Article 6.4 and, more generally, any software development provided by Algolia and corresponding documentation are hereafter collectively referred to as "the Software".

6.1 API

Algolia provides an API that enables the implementation of a search engine in a mobile or web application (hereafter: the "Application").

The features of the API and of the search engine are described on the Website.

The API can be accessed directly or through one of the open source API clients provided by Algolia on Github website. It can only function if the Application is connected to Internet. The User has access to his API Key and to the API clients through his Personal Space, where they can also generate further API keys.

The User is informed and agrees that the use of the API requires the storing and indexing of the Application’s data on Algolia’s platform. The User is sole responsible for collecting the agreement of the Application’s users for the transfer of their data to Algolia, as well as their storing and indexing on Algolia’s platform, where necessary.

6.2 Offline search (optional)

Some of the plans mentioned in article 8.1 include an option that allows the User to embed Algolia’s search engine within the Application, so that it may function offline.

In that case, the User has access on the Website to a software development kit (hereafter: “SDK”), compatible with the most used mobile and desktop platforms.

The User is informed and expressly agrees that the SDK is programmed to send statistical information to Algolia about the use of the Services when the Application is connected to internet. The information sent through the SDK is strictly statistical and does not contain any data relating to the Application’s content or users. Any measure that may prevent or slow down the transfer of the information is strictly prohibited.

6.3 Service level agreement

Algolia monitors its Website and Services actively and constantly, in order to detect and solve issues immediately.

Algolia guarantees a 99,99% availability of the Services. Should the Services be available less than 99,99% of the time during one month of Subscription, the User will automatically benefit from a credit that will be deduced from the fee for his Subscription the following month. This credit will be calculated based on the percentage of unavailability exceeding 0,01%, applied to the fee for the User’s Subscription for the month of unavailability. The credit shall in no event exceed said fee.

6.4 Support

The Support Services include the following:

• A technical support by email, at the email address support@algolia.com. Technical support is strictly limited to the implementation of Algolia’s Software and does not include questions relating to the User’s Application itself.

• The automatic update of Algolia’s Software. Concerning the offline search option however, the User must download the new version of the Software from his or her Personal Space on the Website.

• The access to the most current documentation available on the Website, including tutorials.

Users may contact enterprise@algolia.com if they would like premium support with guarantees on response time and availability.

6.5 Statistics

Users have access to statistics concerning the use of Services, in a format and according to the technical means that Algolia deems the most appropriate.

6.6 Other Services

Algolia reserves the right to propose any other Service that it deems useful, in a format and according to the technical means that it deems the most appropriate for providing said Service.

7. Term of the Services, Subscription

The Services are accessible in the form of a subscription (hereinafter referred to as the "Subscription").

Subscription begins on the day of subscription, subject to payment of the fee set out in Article 8, for a duration of 1 (one) month, from date to date.

It is then automatically renewed for successive periods of 1 (one) month, from date to date, unless notice of termination is given by either Algolia or the User as provided below.

Users can cancel their Subscription in their Personal Space at the latest on the day before the term of the current Subscription month.

Algolia can cancel a User's Subscription by sending an email to the User with at least a 1 (one) month notice. This cancellation shall be effective at the end of the month during which the one notice has ended.

Subscription cancellation is effective upon expiration of the last Subscription month and causes the automatic deletion of the User’s Account, along with all corresponding stored and indexed data.

Any Subscription month started is due in its entirety.

The Subscription applies to a single Application, in its web and/or mobile form and on any platform (i.e. for the web Application: the Subscription applies to a single domain name). The User undertakes to refrain from using the Services for another application than the one for which the Subscription has been originally subscribed.

8. Financial Conditions

8.1 Fees

8.1.1 Subscription fee

The Subscription to the Services is available in different plans, the fees and characteristics of which are indicated on the Website. The fee for each Subscription is based on various criteria, such as but not limited to, the number of API calls per month or the volume of indexed data.

The plans may also include “Over Quota fees” that apply when the User exceeds the amounts or volumes included in his Subscription.

Unless otherwise stated, the fees are exclusive of taxes.

8.1.2 Subscription upgrade or downgrade

The User can upgrade or downgrade his Subscription at any time, through his Personal Space.

The upgrade or downgrade is effective immediately.

The difference between the original Subscription fee and the upgraded or downgraded Subscription fee (additional cost or credit), for the portion of the Subscription period that has not elapsed, is paid with or credited on the fee due for the following Subscription month.

8.2 Fees revision

Algolia may change the fees and payment policies for the Services by notifying the User at least 1 (one) month before the change takes effect, by any written mean (including email).

When effective, the new fees apply upon the renewal of the Subscription.

The Users who do not accept the new fees must cancel their Subscription according to the provisions set out in Article 7. Users who continue to use the Services after the entry into force of the new fees shall be deemed to have accepted them.

8.3 Terms of payment

The payment of the Subscription fee is carried out by direct debit from the User’s bank card.

The direct debit is implemented by the secured payment service provider Stripe, who Algolia entrusts with the storage of the User’s bank data to this end. Algolia doesn’t store any bank data.

The fee for the Subscription is due and the direct debit is carried out on the day of the first subscription, then on the date of each Subscription renewal.

The User guarantees to Algolia that they have all the necessary authorizations to use the chosen payment mode. The User undertakes to take all necessary measures so as to ensure safe carrying out of the direct debit.

8.4 Payment delays and incidents

Users are hereby informed and expressly agree that any payment delay of all or part of an amount, within the framework of this agreement, at its due term, shall automatically entail, without prejudice to the provisions set out in Article 13 and without prior formal notice:

1. Forfeiture of the term of all amounts payable by the User in question, that will become immediately due,
2. Immediate suspension of current Services until complete payment by the User in question of all amounts due,
3. Invoicing of a late payment interest, for Algolia’s benefit, at the rate of 1.5 times (one and a half times) the legal interest rate, calculated on the total of all amounts due by the User in question.

9. Usage data

Users expressly acknowledge and accept that:

1. Data collected on Algolia's Website and its computer equipment attest to the reality of the transactions performed in the context of this agreement,
2. This data is the only means of acceptable proof between the parties, in particular for the calculation of amounts due to Algolia.

Users can access this data in their Personal Space.

10. Obligations for Users

Without prejudice to other obligations provided for in this agreement, Users undertake to respect the following obligations.

10.1 Users agree, in their use of the Services, to respect and abide by all laws and regulations in force and not to violate public order or infringe the rights of any third party.

Each User is solely responsible for successfully completing all necessary administrative, tax and/or social formalities concerning them that could result from their use of the Services. Algolia shall in no case be held liable in this respect.

10.2 Users acknowledge having read on the Website and understood the characteristics and constraints, technical in particular, of the entire range of Services. Each User is solely responsible for their use of the Services.

10.3 Users undertake to use the Services themselves personally and for their own Applications. They shall not transfer, sublicense, delegate or assign all or part of their rights under the present general terms and conditions of use to any third party.

10.4 Each User is solely responsible for the contents of whatever nature (editorial, graphic, audio, audiovisual or otherwise), generated by the User or by the users of the Application, contained in said Application (hereinafter referred to as the "Content").

Each User guarantees Algolia that the former has all the necessary rights and authorizations for the storing, indexing and use of this Content.

Users agree that this Content is legal, does not disrupt public order, is not contrary to accepted standards of public decency, does not infringe any third party rights or legal provision and/or regulation, and, more generally, is in no way likely to bring the civil or criminal liability of Algolia into play.

11. Users' Guarantee

Each User agrees to defend, indemnify and hold Algolia harmless from and against any claims, demands, actions and/or grievances whatsoever, that Algolia could incur as a result of a breach by the User in question of any one of its obligations or guarantees under these General Terms and Conditions of Use.

Users agree to compensate Algolia for any prejudice that the latter could be subject to, and to pay any costs, liabilities, charges and/or convictions that the latter could incur, as a result of such a breach.

12. Prohibited behaviour

12.1 It is strictly prohibited to use the Services to carry out activities that are unlawful, fraudulent, infringe on the rights or the security of others or are damageable to others.

12.2 Users are strictly prohibited from copying and/or using for their own purposes or those of a third party, the concept, technology or any other component of Algolia's Website or Software.

12.3 It is strictly prohibited to make money from, sell or concede all or part of one's access to the Services or to the Website or to the information that is hosted and/or shared on the Website.

It is in particular strictly prohibited to make money from, sell, concede or redistribute Algolia’s Software, including through its integration in an Application or software that is intended for software, website or application development purposes, including but not limited to, development toolkits or libraries, application builders, website builders or any product that is intended for use by software, website or application developers or designers.

Algolia’s Software may thus only be used for an Application which (i) has substantially different functionality than Algolia’s Software and (ii) doesn’t allow any third party to use Algolia’s Software, or any portion thereof, for software, website or application development purposes.

13. Sanctions for breaches

In the event of a breach by a User of any of the provisions of these General Terms and Conditions of Use or more generally, of any infringement by the former of any laws and regulations in force, Algolia reserves the right to take any measures it deems appropriate and in particular:

1. To suspend access to the Services for any User who has breached any provision or infringed any law or regulation, or who has participated in this breach or infringement,
2. To inform any relevant authorities,
3. To commence and prosecute any legal proceedings.

In the event of a breach by a User of a substantial obligation stipulated in these General Terms and Conditions of Use, Algolia reserves the right to immediately cancel the User’s access to all or part of the Services, effective immediately, by letter, fax or email.

The cancellation will cause the automatic deletion of the User’s Account, along with all corresponding stored and indexed Content, without prejudice to the other consequences that may be set out in the present General Terms and Conditions of use.

14. Liability and guarantee of Algolia

14.1 Algolia agrees to provide the Services with diligence and in compliance with trade practice, specifying that it has an obligation to provide means, but this without any obligation of result, and this is expressly acknowledged and agreed by Users.

14.2 Algolia’s intervention is limited to the provision of the Services described in Article 6.

Algolia claims no ownership or control over Content stored and indexed within the context of the Services. Consequently, Algolia cannot be held liable for such Content, with regard to which Algolia only intervenes within the role of hosting provider. The User acknowledges and agrees that Algolia may suppress from the Services any clearly unlawful Content that Algolia may have knowledge of, especially due to a claim from a third party.

14.3 Algolia undertakes to take all appropriate measures to preserve the security and confidentiality of the stored and indexed Content and to prevent unauthorised third parties from accessing such Content.

Algolia will promptly delete from its servers all stored and indexed Content upon cancellation of the User’s Subscription.

14.4 Algolia does not guarantee to Users (i) that the Services, which are subject to constant research to improve their performance and progress, will be totally free of errors, faults or defects, (ii) that the Services, being standard and not offered specifically to any one given User according to that User’s own personal constraints, shall specifically meet that User’s needs or expectations.

14.5 In any event, any liability that could be incurred by Algolia within the framework of this agreement is expressly and solely limited to direct actual damages suffered by Users and shall not exceed the total amount paid by the User within the year preceding these damages.

15. Intellectual Property

Algolia reserves ownership of all intellectual property rights inherent in or relating to the Software or part of it.

The User is only granted a revocable, non-transferable and non-exclusive licence on the Software, for the sole purpose of the Services within the limits and conditions set out in the present General Terms and Conditions of use, and for the duration of the User’s Subscription.

The User consequently undertakes to refrain from copying all or part of the Software, by any means, or to carry out any use of the Software that is not included in the above mentioned licence.

16. Personal Data

Algolia practises a policy of protection of personal data, the characteristics of which are detailed in Algolia’s Privacy Policy, which Users are expressly invited to read.

17. Customer references

Users expressly authorize Algolia to cite and use as appropriate a reproduction of their trademark or logo as a customer reference, especially at events, in its business documents and on its Internet site, in any form whatsoever.

18. Amendments

Algolia reserves the right to amend these General Terms and Conditions of Use at any time.

Users shall be informed of these amendments through any pertinent channel at least 1 (one) month before the entry into force of the amended General Terms and Conditions of Use.

When effective, the amended General Terms and Conditions of Use apply upon the renewal of the Subscription.

Any User that does not agree with the amended General Terms and Conditions of Use must unsubscribe from the Services according to the provisions set out in Article 7.

Users who continue to use the Services after the entry into force of the amended General Terms and Conditions shall be deemed to have accepted these amendments.

19. Law and Jurisdiction

These General Terms and Conditions of Use are governed by French law.

In the event of dispute concerning the validity, interpretation and/or application of these General Terms and Conditions of Use, all parties agree that the courts of Paris shall be the only competent jurisdiction capable of judging the dispute, save conflicting mandatory rules of practice.

20. Entry into Force

These Terms and Conditions become effective on August 19th, 2013.