Terms of Service

SerpCat.com ("SerpCat.com", "serpcat.com", "SerpCat", “we”, “us” or “our”, "the site") agrees to furnish services to the Subscriber (the “Subscriber”, “you” or “your”), subject to the following Terms of Service. Use of SerpCat.com's service constitutes acceptance and agreement to SerpCat.com's Terms of Service.

SerpCat.com reserves the right to modify the Terms of Service without notice.

Presentation

Under Article 6 of Law No. 2004-575 of 21 June 2004 on confidence in the digital economy, it is presented to users of the site serpcat.com identity of the various stakeholders as part of its implementation and the following:

  • Host: company Digital Ocean, which headquarters are located at: 101 Avenue of the Americas 10th Floor New York, NY 10013, United States.
    E-mail address: legal@digitalocean.com
  • Editor: company WebCat SASU, which headquarters are located at: 73, allée Kléber, and registered with the number : RCS Montpellier 831950852.
    Phone: +33 6 19 02 94 71
    E-mail address: postmaster@webcat.digital.

Terms of the site and the services offered

Use of this site constitutes acceptance full of the general conditions described below using. These terms of use may be modified at any time, users of the site serpcat.com are invited to consult them regularly.

This site is normally accessible at all times to users. Interruption due to technical maintenance can be however decided by SerpCat.com, without necessarily being communicated to users before the date and time of the intervention.

The site is updated regularly. Similarly, legal notices may be modified at any time: they still require the user who is invited to refer to it as often as possible in order to become acquainted.

Description of services provided

SerpCat.com allows users to monitor their rankings on search engines for the keywords they choose to use.

SerpCat.com strives to provide on its website information as accurate as possible. However, it can not be held responsible for omissions, inaccuracies and deficiencies in the update, whether its fact or because of third party partners that provide this information.

All information listed on the site are given for information and are subject to change. Furthermore, the information on the site serpcat.com are not exhaustive. They are given subject to changes being made since they are online.

Use of services

You may use our services, provided that you are of legal age to form a binding contract and are not barred from receiving such services under the laws of France. In order to access our services, you are required to provide current and factual identification, contact, and other information as part of the registration process. You are responsible for the confidentiality of your account information and for all activities that occur under your account. You are solely responsible for all content within your account. You agree to immediately notify SerpCat.com of any unauthorized use of your account or any other breach of security. SerpCat.com will not be liable for any loss or damage as a result of your failure to provide us with accurate information or to keep your account secure.

Invoicing and payment

You agree that SerpCat.com shall be permitted to charge your credit card on a monthly, annual, or other agreed upon basis in advance of providing services. Payment is due upon invoicing. Service may be interrupted on accounts that reach 10 days past due. Accounts that are not collectable by SerpCat.com may be turned over to an outside collection agency for collection.

Subscriber is aware that SerpCat.com may prospectively change the specified rates and charges from time to time.

SerpCat.com is not responsible for any additional bank fees, interest charges, finance charges, over draft charges, or other fees resulting from charges billed by SerpCat.com. Currency exchange settlements will be based on agreements between you and the provider of your credit card. Pro-rated credits will not be issued for unused services when customer retains any active service.

Disclosure to law enforcement

The Terms of Service specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that SerpCat.com may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any court who sends us a valid Court Order, without further consent or notification to the Subscriber. In addition, SerpCat.com shall have the right to terminate all service set forth in this Agreement.

Warranty disclaimer

We have no special relationship with or fiduciary duty to you. You acknowledge that we have no duty to take any action regarding: which Subscribers gain access to the Services; what Content you access via the Services; or how you may interpret or use the Content.

You release us from all liability for you having acquired or not acquired Content through the Services. We make no representations concerning any Content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, or legality of material or Content contained in or accessed through the Services.

The services and content are provided “as is”, “as available” and without warranty of any kind, express or implied, including, but not limited to, the implied warranties of title, non-infringement, merchantability and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed. we, and our directors, employees, agents, suppliers, partners and content providers do not warrant that:

  • the services will be secure or available at any particular time or location;
  • any defects or errors will be corrected;
  • any content or software available at or through the services is free of viruses or other harmful components;
  • the results of using the services will meet your requirements. your use of the services is solely at your own risk.

Limitation of liability

In no event shall we, nor our directors, employees, agents, partners, suppliers or content providers, be liable under contract, tort, strict liability, negligence or any other legal or equitable theory with respect to the services:

  • for any lost profits, data loss, data theft, cost of procurement of substitute goods or services, or special, indirect, incidental, punitive, compensatory or consequential damages of any kind whatsoever, substitute goods or services (however arising);
  • for any bugs, viruses, trojan horses, or the like (regardless of the source of origination);
  • or for any direct damages in excess of (in the aggregate) of fees paid to us for the particular services during the immediately previous one month period, even if serpcat.com had been advised of, knew, or should have known, of the possibility thereof.

Subscriber acknowledges that the fees paid by him or her reflect the allocation of risk set forth in this agreement and that serpcat.com would not enter into this agreement without these limitations. Subscriber hereby waives any and all claims against serpcat.com arising out of subscriber's purchase or use of the services, or any conduct of serpcat.com’s directors, officers, employees, agents or representatives. your sole and exclusive right and remedy in case of dissatisfaction with the services or any other grievance shall be your termination and discontinuation of access to or use of the services.

Indemnity

SerpCat.com wishes to emphasize that in agreeing to the SerpCat.com Terms of Service, customer indemnifies SerpCat.com for any violation of the Terms of Service that results in loss to SerpCat.com or the bringing of any claim against SerpCat.com by any third-party. This means that if SerpCat.com is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against SerpCat.com, plus all costs and reasonable attorney's fees.

Intellectual property and counterfeiting

SerpCat.com owns the intellectual property rights or has rights to use all the items available on the site, including text, images, graphics, logos, button icons, data, sound, software, except logos and trademarks registered and listed on the site belong to their respective owners.

Any reproduction, modification, publication or adaptation of all or part of the site elements, whatever the means or process, is prohibited without prior written permission of SerpCat.com.

Any unauthorized use of the site or any of its materials will be deemed to constitute an infringement and prosecuted in accordance with Articles L.335-2 and following of the Intellectual Property Code.

Entire agreement

The Terms of Service (including any policies, guidelines or amendments that may be presented to you from time to time) constitute the entire agreement between you and SerpCat.com and govern your use of SerpCat.com services, superceding any prior agreements between you and SerpCat.com for the use of SerpCat.com services.

Applicable law and jurisdiction

Any dispute in connection with the use of the site serpcat.com is subject to French law. It is made exclusive jurisdiction of the competent courts of Paris.

Main relevant laws

Law No. 78-87 of 6 January 1978, including as amended by Act No. 2004-801 of August 6, 2004 relating to data, files and liberties.