Article 1 – Definitions
- SearchLayer: SearchLayer, located at Lepelaarpark 63, 1444 HR Purmerend, the Netherlands, Chamber of Commerce (KvK) number 85357286.
- Customer: the business that creates an account for the Service.
- Service: SearchLayer's search, merchandising and analytics service, including the dashboard, API and plugins.
- Session: the search activity of one visitor in the Customer's online store. A Session starts with the first search or interaction and ends after 30 minutes of inactivity.
- Trial Period: the free period of 30 days after an account is created.
- Free Plan: a plan at no cost with a limited number of Sessions, as described in Article 3.5.
Article 2 – Applicability
- These terms apply to all use of the Service. The Customer's own terms do not apply.
- The Service is intended for businesses only. By creating an account, the Customer declares that it is acting in the course of a profession or business.
- The data processing agreement, available in the customer portal, forms part of these terms.
Article 3 – Formation, Trial Period and Free Plan
- The agreement is formed when the Customer creates an account and accepts these terms.
- The Service is free during the Trial Period. No payment details are required for the Trial Period.
- If the Customer has not added payment details by the end of the Trial Period, the Service is paused: search requests are no longer answered. The Customer can resume the Service by adding payment details.
- If an account remains paused for 30 days after the Trial Period, SearchLayer may delete the account and its data. SearchLayer sends a reminder beforehand.
- SearchLayer may offer the Customer a Free Plan, instead of or following the Trial Period. Paragraphs 3 and 4 then do not apply. The Free Plan is subject to the following:
- it includes a maximum of 500 Sessions per calendar month. If this is exceeded, SearchLayer may limit or pause the Service until the end of the calendar month, after informing the Customer by email;
- support is provided by email, on a best-effort basis;
- the Customer can switch to a paid plan by arrangement with support ([email protected]);
- SearchLayer may change or end the Free Plan with at least 30 days' notice.
Article 4 – Prices and payment
- Current prices are listed at searchlayer.tech/pricing. All prices are in euros and exclude VAT.
- The subscription is invoiced monthly in advance, including on an annual contract. A monthly contract carries a surcharge of 15% on the subscription fee. Sessions above those included in the subscription are invoiced monthly in arrears at the rate stated on the pricing page.
- On a paid plan, SearchLayer does not limit the Service when the number of included Sessions is exceeded. The Customer can set a warning threshold in the dashboard. In case of abuse, SearchLayer may set a hard limit.
- Bot and crawler traffic is filtered on arrival and does not count as a Session.
- Payment is made by direct debit or credit card. If a payment fails, the Customer receives a reminder. If payment has still not been made after 14 days, SearchLayer may pause the Service until payment is received.
- SearchLayer may change its prices with at least 30 days' notice. If the Customer does not agree with an increase, the Customer may cancel with effect from the date it takes effect.
Article 5 – Term and cancellation
- The paid subscription starts when the Customer adds payment details after the Trial Period or, for a Free Plan, on the date agreed between the Customer and SearchLayer (Article 3.5). The Customer chooses an annual or a monthly contract at that point.
- Annual contract: a term of 12 months, then automatically renewed for 12 months each time, unless the Customer or SearchLayer cancels no later than 1 month before the end of the current term.
- Monthly contract: a term of 1 month, automatically renewed for 1 month each time. It can be cancelled at any time, with effect from the end of the current month.
- The Customer can cancel in the dashboard or by email to [email protected]. Amounts already paid are not refunded.
- SearchLayer may terminate the agreement with immediate effect if the Customer seriously breaches these terms.
- After the agreement ends, the Customer's data is deleted as described in the data processing agreement.
- The Customer may at any time, including during the term, request deletion of its account and the associated data (the right to be forgotten, Article 17 GDPR) by email to [email protected]. SearchLayer deletes the data within one month and confirms this by email. The data is removed from backups no later than 4 weeks after that. Data that SearchLayer is legally required to retain, such as invoices (7 years), is deleted once that retention period ends. A request made during the term counts as cancellation with immediate effect; paragraph 4 continues to apply.
Article 6 – Availability and support
- SearchLayer makes every effort to keep the Service available and to resolve outages as quickly as possible, but does not guarantee uninterrupted availability. Support is provided by email at [email protected].
- Data is stored and backed up within the EU (the Netherlands and/or Germany).
Article 7 – Customer obligations
- The Customer keeps its API keys secret. Actions performed with the Customer's keys are the Customer's responsibility.
- The Customer does not use the Service for unlawful purposes and does not include special categories of personal data in the product catalog.
- The Customer informs visitors of its online store about the use of the Service, for example in its own privacy statement.
Article 8 – Intellectual property
- All rights to the Service, the software and the plugins remain with SearchLayer. The Customer receives a non-exclusive, non-transferable right of use for the duration of the agreement.
- The Customer's product data and content remain the property of the Customer.
Article 9 – Liability
- SearchLayer's liability is limited to direct damage and to no more than the amount the Customer paid in the 12 months before the event that caused the damage.
- SearchLayer is not liable for indirect damage, such as lost revenue, lost profit or loss of data.
- These limitations do not apply in case of intent or deliberate recklessness on the part of SearchLayer.
Article 10 – Force majeure
SearchLayer is not required to perform its obligations in case of force majeure, including outages at hosting or network providers, large-scale attacks (e.g. DDoS) and government measures.
Article 11 – Changes
SearchLayer may change these terms with at least 30 days' notice. If the Customer does not agree with a change, the Customer may cancel with effect from the date it takes effect.
Article 12 – Governing law
These terms are governed by Dutch law. Disputes are submitted to the competent court of the District Court of North Holland (Rechtbank Noord-Holland).
This is a translation of the Dutch terms (algemene voorwaarden). In case of any difference, the Dutch version prevails.