This document constitutes the terms and conditions set out herein (hereinafter referred to as the Terms),which apply to all offers made by Beyond ML LLC, registered at Republic of Armenia, Yerevan, 0026, Armakhunyats str., 49-22, registration number 269.110.1227465 (hereinafter referred to as the Company)regarding Smelter.ai. If your Smelter.ai agreement is concluded with Beyond MLInc., the terms and conditions which apply to your agreement is covered by document that can be found here: https://smelter.ai/terms-of-use-us
1.1. Company offers the user (hereinafter referred to as the User) to use Smelter.ai search functionality to conduct particular search inquiries of the information of interest to the User, available on the Internet. The service is provided at: https://smelter.ai (hereinafter referred to as the Service) on the Terms.
1.2. The use of the Service is governed by these Terms, which constitute a legally binding agreement (hereinafter referred to as the Agreement) between User and Company, and by the Privacy Policy available at: https://smelter.ai/privacy-policy.
1.3. By starting to use the Service/ or its functionality, User expresses their full and unconditional acceptance of all the requirements set out in the Terms and Privacy Policy. If User does not agree to any of the conclusion of the Terms or Privacy Policy, they shall immediately cease using the Service.
1.4. Company reserves the right, at its sole and absolute discretion, to change or modify provisions of these Terms at any time without any notice. Any such changes shall take effect when posted online at the web address given in this paragraph, unless otherwise stated in the new revision of these Terms. The effective version of the Terms is always available at: https://smelter.ai/terms-of-use .
1.5. If the Company makes any changes to these Terms as prescribed by Clause 1.4 hereof to which the User does not agree, the User shall stop using the Service.
1.6. All currently available functions of the Service as well as any development and/or addition of new functions shall be the subject of these Terms.
1.7. The Company reserves the right to send to the User information notices. The Company also has the right to send to the User commercials provided the Company has obtained valid consent of the User in accordance with the law, or the User has not opted out of marketing and commercials related to the Service (when registering or later via corresponding functionality).
2.1. To access the Service the User registers at the Service with their email address to create a unique account within the Service (hereinafter referred to as the Account).
All User information available within the Account is stored and processed by the Company in accordance with the terms of Privacy Policy.
2.2. The Service enables the User to conduct search inquiries and track references to the requested information (brand name, entity, product etc.) on a periodic basis on the information and news webpages.
2.3. Displayed search results contain information from third-parties webpages with obligatory mentioning of the link to the source (an URL-address of the webpage) of such information.
The way of displaying and ranging search results is based on completely automated algorithms. The Company does not manipulate contents of the webpages, websites positions and its ranking in the search results.
The Company shall not give any comments regarding exclusion of websites the search results and/or alteration in its ranking in the long term, shall not give notices of its actions or any guarantees or periods upon expiration of which websites will be re-included or any alterations in their ranking might occur.
2.4. Indexing is conducted by the Company’s search tool robot in an automated fashion among webpages made available by their owners for indexing. The algorithm does not imply any prior or subsequent assessment of the webpages contents (moderation)regarding their compliance with legal, ethical or moral requirements, and any sort of censorship.
Company does not guarantee any quality or content of the displayed webpages in the Service. The Company does not guarantee to the User that the results of the User’s search will be exhaustive and that the User will obtain all information available online regarding the search request. The Company shall not be responsible for absolute accuracy/relevance of links to websites in search results of the Service according to the User's request.
2.5. The Service can provide to the User functionality to store the results of the User’s search inquiry and the search results in the Account. The storage can be provided for a limited period of time.
Provided that the Company’s robot can automatically track changes on the websites (re-indexing) for the purpose of updating the search results, the information with search results stored in the Account can be automatically renewed in case of the renewal of indexed information at the publicly available sources.
Any information and materials posted on third-party websites may be changed at anytime by website owners. The Company does not guarantee corresponding renewal of the results within a definite period of time, does not monitor such changes and is not responsible for any changes at such websites.
2.6. The Company reserves the right at its sole and absolute discretion to deny access to Users’, websites or programs requests, violating or threatening to violate the Terms or applicable law requirements.
2.7. The Service can automatically create an analytical reference report based on the search results with information on the number of references to the subject of the search inquiry, dynamics of the changes in references and other criteria, provided by Service.
The reference report can be used only for information and reference purposes. The Company does not guarantee completeness and accuracy of its contents, and its fitness for a particular purpose, including but not limited to conducting accurate calculations, endorsing legally binding and / or relevant actions and/ or facts, and any other aims which are out of the scope of the Service functionality.
3.1. The exclusive right to the Service is owned by the Company. These Terms shall not grant to the Users any rights to use the Service except as provided directly within the Service interface in accordance with these Terms. Company alone (and its licensors, where applicable) shall own all right, title and interest to the Services and the objects in any form available within the use of the Service, including design elements, texts, graphic images, illustrations, software, databases(hereinafter referred to as the Content) any derivatives, suggestions, enhancement requests, feedback, recommendations or other information provided by User or any other party relating to the Service, and any aggregated metrics, data and trends compiled by Company. This Agreement does not convey to User any rights of ownership in or related to the Services, or any intellectual property rights of Company. Company’s name, logo, and the product and service names associated with the Service are trademarks of Company, and no right or license is granted to use them hereunder.
3.2.Subject to all terms and conditions of the Terms, including without limitation any registration requirements, the payment of all applicable charges and fees, and User agreement to and compliance with any additional terms applicable to the Service, Company grants User a limited non-exclusive, nontransferable, on-assignable, non-sublicensable, revocable license, only when User is incompliance with all terms and conditions of the Terms, and the Terms have not been terminated, to access and use available features of the Service in accordance with all terms and conditions of these Terms. Any software that maybe made available by Company in connection with the Service contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Such use of Service Content and any other Service elements is granted to User within the limits of Service functionality. No elements of the Service or its Content can be used out of scope of these Terms unless otherwise overtly stipulated by the Company. The use means, including but not limited to, display, reproducing, distribution in any form, copying, modification, alteration, framing etc., except for the cases envisaged by the applicable law.
3.3. The User is allowed to use elements of Service Content and any other contents strictly for personal non-commercial use on condition the User keeps all the references to the copyright and related rights notices, trademarks, registered trademarks, other forms of notices as of authorship, author’s name (or pseudonym) of the author or the rightsholder intact, keeps the corresponding object unchanged, except for the cases envisaged by the applicable law.
3.4. The Service may integrate and/or interact with third-party websites and may refer to the third-party webpages. The third parties, their websites and its contents are not in any way connected to the Company, the Company does not assess or check their compliance with legal, ethical, moral or other applicable requirements, cannot guarantee the completeness, accuracy, lawfulness etc. of such resources. Company will have no liability to User whatsoever for any loss or harm User may suffer as a result of their access to the information, materials available at the third-parties resources made available for access via the Service, failure to comply with all such policies or agreements or their use of the Service, including but not limited to any opinions and statements, expressed on the third-parties websites, commercials and advertisements, and for availability of such websites or its contents and any consequences of its use by the User.
3.5. Any link in any form to the third-party website, product, services, commercial or noncommercial information, available through the Service interface, shall not constitute any recommendation or approval by the Company of such third-party products, services or activity.
4.1. The cost of Services rendered by Company shall be determined as stated on https://smelter.ai.
4.2. Payment for Services shall be performed in a pre-payment order by the following methods:
4.2.1. by monthly debiting the amount of cost of Services chosen by the User in the personal account from the bank card, specified in the Account;
4.2.2. by paying the invoice sent to the e-mail specified in the Account on the https://smelter.ai.
4.2.2.1. The invoice shall be deemed received by you the next business day after the day it was sent.
4.2.2.2. The invoice shall be paid within ten (10) calendar days from the issuance date in the currency agreed in accordance with Clause 1.4. hereof by bank transfer. The payment obligation shall be deemed fulfilled from the moment of crediting of the invoiced amount in full to the correspondent account of Company’s bank.
4.3. Taxes. The cost of the Service includes all applicable taxes, fees, duties and other payments levied in accordance with the tax legislation of the country of our incorporation (if any). You shall transfer us total amount of cost of the services rendered without withholding any taxes, fees, duties and/or other payments.
4.4. The cost of the Service will not include commissions for money transfers and other payments in favor of the organizations that accept and maintain payments. You shall pay the above commissions and other charges independently and at your own expense.
4.5. Shall the Services rendered to the User be paid by a third party, the parties hereof shall consider such payment as if it is made by the person authorized by you (the User’s representative).
4.6. The Services may be provided as part of a trial, promotional offer and/or test experience (the “Freemium”) with no tariffication, against of future Service order(s). The scope of Services available as a Freemium is specified on https://smelter.ai. Notwithstanding anything to the contrary herein, additional terms and conditions may apply to any Freemium and we reserve the right, at our sole discretion, to change, modify, amend and/or terminate any Freemium at any time, for any or no reason and without any prior notice to you.
5.1. User may access the Service only for lawful purposes. All rights, title, and interest in and to the Service and its components, content and all related intellectual property rights shall remain with and belong exclusively to Company. User shall maintain the copyright notice and any other notices that appear on the Service on any copies and any media. User agrees not to make any other use of the Service that is not specifically permitted in the Terms without Company’s prior express consent inwriting. Without limiting any other term of the Terms, User agrees that they will not:
(i) engage in any act not expressly permitted by the Terms, or access or use the Service in violation of the Terms or in violation of any applicable laws, rules or regulations;
(ii) license, sublicense, sell, resell, provide, lease, lend, use for timesharing purposes, transfer, assign, distribute or otherwise commercially exploit or make available the Service or your right to access or use the Service to any third party in any way (unless Company has given User express permission in writing to do so);
(iii) copy, modify, adapt, publicly display or publicly perform or create derivative works of the Service or any portion thereof (including any content that is not content of User), or decompile, reverse assemble, or otherwise reverse engineer or attempt to hack or otherwise discover any source code or underlying ideas or algorithms of the Service or any portion thereof, except to the extent as maybe expressly permitted by law and authorized hereunder;
(iv) copy the Service or any part, feature, function or user interface thereof, access the Service in order to build a competitive product or service;
(v) attempt to gain unauthorized access to, or otherwise impair the integrity, use or security of, the Service or any information accessible thereby (including information of third parties) or any systems or data of Company or a third party;
(vi) interfere with or disrupt the integrity or performance of the Service or its components;
(vii) use the Service to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party privacy or intellectual property rights;
(viii) permit direct or indirect access to or use of any Service in a way that circumvents a contractual usage limit;
(ix) share User’s Account login credentials with any third party;
(x) use Service to process, store, transmit or receive any information or materials if prohibited under the Terms, by policies of the given online retailer or by applicable laws, rules or regulations. This paragraph will survive termination of the Terms for any reason.
5.2. The User is solely responsible for securing credentials to the Service and preventing any unauthorized access of any third-party from accessing the Service on the User’s behalf. The User is responsible for their account and for their confidential data. The User should refer to the login and password as confidential information and not disclose them to third parties. All actions performed from the User’s Account are considered to have been performed by the User. The User may not use the Service for the purpose of carrying out any activity that is aimed at violating the applicable law, the Terms and/or rights and legitimate interest of any third party.
5.3. The User agrees that the Company, at its sole and absolute discretion, has the right to refuse access to the Service completely or partially to its functionality (if applicable), in case of User’s inconsistency with these Terms, including, as a result of obtaining complaints from third parties or notifications from any public authority that the actions of the User may violate the applicable laws.
5.4. The Company reserves the right to change, improve and update the Service at any moment without notifying the User. The User not willing to use the upgraded Service version can either continue using the previous Service version (if applicable and available) at the User’s own risk or stop using the Service.
5.5. Notwithstanding anything in these Terms to the contrary, Company reserves the right to suspend its performance hereunder and/or suspend or limit User’s access to or use of the Service, or to terminate these Terms, immediately and without any liability to User in the event of (i) a breach of these Terms by User or (ii) any act or omission of any of User that in Company’s reasonable discretion, (a) poses a risk of disruption or interference with any portion of the Service (or the security thereof) or with any other user’s use of the Service (or any portion thereof), or (b) constitutes an unreasonable, excessive or abusive use of the Service, Company’s systems or resources. Neither termination of these Terms or suspension of User’s use of the Service relieves User of their obligation to pay any fees due to Company.
6.1. Tithe fullest extent permitted by the applicable law, Company provides Service on an “as is” and “as available” and makes no representations or warranties of any kind concerning the Service, express, implied, statutory, or otherwise, including, without limitation, merchantability, fitness for a particular purpose. Company does not warrant that the functions or content contained in the Service will be uninterrupted or error-free, that defects will be corrected, or that Company’s servers are free of viruses or other harmful components. In particular, Company makes no representation or warranty that the information provided through the Service, regardless of the source, is accurate, complete, reliable, current, or error-free. Company disclaims all liability for any inaccuracy, error, or incompleteness in the Service.
6.2.Company makes no guarantee or representation of any kind concerning the results of User’s use of the Service. Any testimonials or examples displayed or depicted through /or in the Service are only examples of what may be possible. There can be no assurance as to any particular outcome, including increased income, online marketplace ranking, sales, and/or any other outcome, based on the use of the Service or any other products, programs or service offered by Company. The Company makes no guarantees or representations of any kind:
6.2.1.that the Service meets or will meet the User's purposes and expectations;
6.2.2. of the uninterrupted and error-free operation of the Service as a whole and of its certain components and/or functions;
6.2.3. of reliability, accuracy, completeness and timeliness of the Service use results and their fitness for a particular purpose (e.g. endorsing legally binding and/ or relevant actions and / or facts, producing accurate statistics etc.);
6.2.4. that the information or access to it, its contents and quality, available by the Service, may meet the User's purposes and expectations.
6.3. The Company is not responsible for the use any information or materials accessed by User via the Service, the User uses them in its sole risk and is solely liable for any consequences such use may incur, including damage it may cause to the User, the device of the User or third parties, for any loss of date, violation of rights, or any other damage.
6.4. The Company is not responsible for reimbursement of any losses incurred as a result of the use or inability to use the Service by the User or its separate parts /functions, including possible errors or malfunctions.
6.5. The User hereby undertakes to indemnify and hold the Company harmless from and against any and all loss, liability, damages, claims and expenses (including reasonable attorneys’ and other professional fees and costs) incurred as a result of any claims, proceedings or lawsuits arising out of the use of the Service by the User in breach (or in alleged breach) of any provisions of the applicable law and the Terms.
7.1. The Service may integrate and/or interact with third party platforms, including via APIs, e.g. YouTube API. By using any third-party API clients User agrees to be bound by respective terms and conditions. User is solely responsible for determining and ensuring that their use of the Service complies at all times with all policies, terms and conditions of third parties that apply to User or their use of the Service in connection with such third parties. User will ensure that their use of the Service will at all times comply with all such policies, terms and conditions, and Company has no responsibility to verify User’s compliance. Company will have no liability to User whatsoever for any loss or harm User may suffer as a result of their failure to comply with all such policies or agreements or their use of the Service in a manner that does not comply with all such policies, terms and conditions.
7.2. Company is not a party to User’s transactions with third parties. User agrees that Company is not a party to any transaction or interaction between them and any third party, even if that transaction or interaction is facilitated, in whole or in part, by or through Company or the Service. User’s transactions and interactions with any third party, including payment and fulfillment, and any other terms, conditions, warranties or representations associated with such transactions or interactions, are solely between User and such a third party and User expressly acknowledges and agrees that such transactions and interactions are at their own risk. User agrees that Company will not be responsible or liable for any loss or damage of any kind or nature incurred as the result of, or in connection with, any such transaction or interaction. User also understands and agrees that if there is a dispute between User and any third party, Company has no obligation to become involved. Company disclaims all responsibility and liability for these transactions and interactions to the fullest extent permitted by law. User hereby releases Company, its officers, employees, agents and successors in rights from claims, demands and damages of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to User’s transactions or interactions with any third party, including any disputes arising in connection therewith.
7.3. Company has no affiliation, association, endorsement or sponsorship by online marketplace, or any other third-party platforms. It is User’s responsibility to analyze and interpret any third-party terms of service applicable to their use of the Service, and User acknowledges that Company has no control over, and are not a party to, such terms.
7.4. By using the Service, User hereby releases Company from, and waives any and all claims or claim rights that User may have against Company, and releases and indemnifies Company against any claims that any third party may have against Company, arising from or related to (i) User’s use of any third party platforms, including if accessed or used via the Service, and (ii) third party terms, applicable privacy policies or any other rules or regulations of such third parties entered into by User or applicable to User.
8.1. This agreement shall be governed, construed, and enforced in accordance with the laws of the Republic of Armenia without regard to its conflict of laws rules, or international law or convention.
8.2. All disputes arising from application of the Terms or the use of the Service shall be settled in accordance with the laws of the Republic of Armenia.
In all parts of these Terms, unless expressly stated otherwise, the term "applicable law" shall mean both the laws of the Republic of Armenia and the laws of countries of the User’s current location.
8.3. Company shall, at all times, be deemed to be independent contractors and shall not be deemed to be employees, agents, joint venturers, partners or representatives of User, or be authorized or empowered to create any claim, debt or obligation on behalf of User.
8.4. The invalidity or unenforceability of any provisions of these Terms shall not affect the validity or enforceability of any other provisions of these Terms, which shall remain in full force and effect.
8.5. Absence of immediate action on behalf of the Company in case of the User’s violation or breach of any provision of the Terms in no way constitutes Company’s waiver to resort to all the available measures for defense of the Company’s interest later, nor does it constitute Company’s waiver of such rights for defense in any similar future cases or violations.
8.6. User may not assign any of her rights under these Terms, and any such attempt will be void. Company may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.
In the event Company is sold to a third party, such a sale will not be deemed a transfer of personal information so long as that third party agrees to assume Company’s obligations under these Terms.
8.8. Any notice or claim related to the use /or inability to use the Service, related to potential infringement of law or upon rights and interests of any third parties will be effective when submitted to Company at support@smelter.ai.