1.1.Beyond ML, (Republic of Armenia, Yerevan, 0026, Armakhunyats str., 49-22,registration number 269.110.1227465 (hereinafter referred to as the Company) offers the user (hereinafterreferred to as the User) to useSmelter.ai search functionality to conduct particular search inquiries of theinformation of interest to the User, available on the Internet. The service isprovided at: https://smelter.ai (hereinafter referred to as the Service) on the terms and conditionsset out herein (hereinafter referred to as the Terms).
1.2. Theuse of the Service is governed by these Terms, which constitute a legallybinding agreement (hereinafter referred to as the Agreement) between User and Company, and by the Privacy Policyavailable at: https://smelter.ai/privacy-policy.
1.3. Bystarting to use the Service/ or its functionality, User expresses their fulland unconditional acceptance of all the requirements set out in the Terms andPrivacy Policy. If User does not agree to any of the conclusion of the Terms orPrivacy Policy, they shall immediately cease using the Service.
1.4.Company reserves the right, at its sole and absolute discretion, to change ormodify provisions of these Terms at any time without any notice. Any suchchanges shall take effect when posted online at the web address given in thisparagraph, unless otherwise stated in the new revision of these Terms. Theeffective version of the Terms is always available at: https://smelter.ai/terms-of-use.
1.5. Ifthe Company makes any changes to these Terms as prescribed by Clause 1.4 hereofto which the User does not agree, the User shall stop using the Service.
1.6. Allcurrently available functions of the Service as well as any development and/oraddition of new functions shall be the subject of these Terms.
1.7. TheCompany reserves the right to send to the User information notices. The Companyalso has the right to send to the User commercials provided the Company hasobtained valid consent of the User in accordance with the law, or the User hasnot opted out of marketing and commercials related to the Service (whenregistering or later via corresponding functionality).
2.1. Toaccess the Service the User registers at the Service with their email addressto create a unique account within the Service (hereinafter referred to as the Account).
All Userinformation available within the Account is stored and processed by the Companyin accordance with the terms of PrivacyPolicy.
2.2. TheService enables the User to conduct search inquiries and track references tothe requested information (brand name, entity, product etc.) on a periodicbasis on the information and news webpages.
2.3.Displayed search results contain information from third-parties webpages withobligatory mentioning of the link to the source (an URL-address of the webpage)of such information.
The wayof displaying and ranging search results is based on completely automatedalgorithms. The Company does not manipulate contents of the webpages, websitespositions and its ranking in the search results.
TheCompany shall not give any comments regarding exclusion of websites the searchresults and/or alteration in its ranking in the long term, shall not givenotices of its actions or any guarantees or periods upon expiration of whichwebsites will be re-included or any alterations in their ranking might occur.
2.4. Indexingis conducted by the Company’s search tool robot in an automated fashion amongwebpages made available by their owners for indexing. The algorithm does notimply any prior or subsequent assessment of the webpages contents (moderation)regarding their compliance with legal, ethical or moral requirements, and anysort of censorship.
Companydoes not guarantee any quality or content of the displayed webpages in theService. The Company does not guarantee to the User that the results of theUser’s search will be exhaustive and that the User will obtain all informationavailable online regarding the search request. The Company shall not beresponsible for absolute accuracy/relevance of links to websites in searchresults of the Service according to the User's request.
2.5. TheService can provide to the User functionality to store the results of theUser’s search inquiry and the search results in the Account. The storage can beprovided for a limited period of time.
Providedthat the Company’s robot can automatically track changes on the websites(re-indexing) for the purpose of updating the search results, the informationwith search results stored in the Account can be automatically renewed in caseof the renewal of indexed information at the publicly available sources.
Anyinformation and materials posted on third-party websites may be changed at anytime by website owners. The Company does not guarantee corresponding renewal ofthe results within a definite period of time, does not monitor such changes andis not responsible for any changes at such websites.
2.6. TheCompany reserves the right at its sole and absolute discretion to deny accessto Users’, websites or programs requests, violating or threatening to violatethe Terms or applicable law requirements.
2.7. TheService can automatically create an analytical reference report based on thesearch results with information on the number of references to the subject ofthe search inquiry, dynamics of the changes in references and other criteria,provided by Service.
Thereference report can be used only for information and reference purposes. TheCompany does not guarantee completeness and accuracy of its contents, and itsfitness for a particular purpose, including but not limited to conductingaccurate calculations, endorsing legally binding and / or relevant actions and/ or facts, and any other aims which are out of the scope of the Servicefunctionality.
3.1. Theexclusive right to the Service is owned by the Company. These Terms shall notgrant to the Users any rights to use the Service except as provided directlywithin the Service interface in accordance with these Terms. Company alone (andits licensors, where applicable) shall own all right, title and interest to theServices 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 providedby 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 anyrights of ownership in or related to the Services, or any intellectual propertyrights of Company. Company’s name, logo, and the product and service namesassociated with the Service are trademarks of Company, and no right or licenseis granted to use them hereunder.
3.2.Subject to all terms and conditions of the Terms, including without limitationany registration requirements, the payment of all applicable charges and fees,and User agreement to and compliance with any additional terms applicable tothe Service, Company grants User a limited non-exclusive, nontransferable,non-assignable, non-sublicensable, revocable license, only when User is incompliance with all terms and conditions of the Terms, and the Terms have notbeen terminated, to access and use available features of the Service inaccordance with all terms and conditions of these Terms. Any software that maybe made available by Company in connection with the Service contains proprietaryand confidential information that is protected by applicable intellectualproperty and other laws. Such use of Service Content and any other Serviceelements is granted to User within the limits of Service functionality. Noelements of the Service or its Content can be used out of scope of these Termsunless otherwise overtly stipulated by the Company. The use means, includingbut not limited to, display, reproducing, distribution in any form, copying,modification, alteration, framing etc., except for the cases envisaged by theapplicable law.
3.3. TheUser is allowed to use elements of Service Content and any other contentsstrictly for personal non-commercial use on condition the User keeps all thereferences to the copyright and related rights notices, trademarks, registeredtrademarks, other forms of notices as of authorship, author’s name (orpseudonym) of the author or the rightsholder intact, keeps the correspondingobject unchanged, except for the cases envisaged by the applicable law.
3.4. The Servicemay integrate and/or interact with third-party websites and may refer to thethird-party webpages. The third parties, their websites and its contents arenot in any way connected to the Company, the Company does not assess or checktheir 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 maysuffer as a result of their access to the information, materials available atthe third-parties resources made available for access via the Service, failureto comply with all such policies or agreements or their use of the Service,including but not limited to any opinions and statements, expressed on thethird-parties websites, commercials and advertisements, and for availability ofsuch websites or its contents and any consequences of its use by the User.
3.5. Anylink in any form to the third-party website, product, services, commercial ornoncommercial information, available through the Service interface, shall notconstitute any recommendation or approval by the Company of such third-partyproducts, services or activity.
4.1. Thecost 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 followingmethods:
4.2.1. bymonthly debiting the amount of cost of Services chosen by the User in thepersonal account from the bank card, specified in the Account;
4.2.2. bypaying 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 dayit was sent.
4.2.2.2. Theinvoice shall be paid within ten (10) calendar days from the issuance date inthe currency agreed in accordance with Clause 1.4. hereof by bank transfer. Thepayment obligation shall be deemed fulfilled from the moment of crediting ofthe invoiced amount in full to the correspondent account of Company’sbank.
4.3.Taxes. The cost of the Service includes all applicable taxes, fees, duties andother payments levied in accordance with the tax legislation of the country ofour incorporation (if any). You shall transfer us total amount of cost of theservices rendered without withholding any taxes, fees, duties and/or otherpayments.
4.4. Thecost of the Service will not include commissions for money transfers and otherpayments in favor of the organizations that accept and maintain payments. Youshall pay the above commissions and other charges independently and at your ownexpense.
4.5.Shall the Services rendered to the User be paid by a third party, the partieshereof shall consider such payment as if it is made by the person authorized byyou (the User’s representative).
4.6. TheServices may be provided as part of a trial, promotional offer and/or testexperience (the “Freemium”) with no tariffication, against of future Serviceorder(s). The scope of Services available as a Freemium is specified on https://smelter.ai.Notwithstanding anything to the contrary herein, additional terms andconditions may apply to any Freemium and we reserve the right, at our solediscretion, to change, modify, amend and/or terminate any Freemium at any time,for any or no reason and without any prior notice to you.
4 1. User may access the Service only forlawful purposes. All rights, title, and interest in and to the Service and itscomponents, content and all related intellectual property rights shall remainwith and belong exclusively to Company. User shall maintain the copyrightnotice and any other notices that appear on the Service on any copies and anymedia. User agrees not to make any other use of the Service that is notspecifically permitted in the Terms without Company’s prior express consent inwriting. Without limiting any other term of the Terms, User agrees that theywill not:
(i) engagein any act not expressly permitted by the Terms, or access or use the Servicein violation of the Terms or in violation of any applicable laws, rules orregulations;
(ii) license,sublicense, sell, resell, provide, lease, lend, use for timesharing purposes,transfer, assign, distribute or otherwise commercially exploit or makeavailable the Service or your right to access or use the Service to any thirdparty in any way (unless Company has given User express permission in writingto do so);
(iii) copy,modify, adapt, publicly display or publicly perform or create derivative worksof the Service or any portion thereof (including any content that is notcontent of User), or decompile, reverse assemble, or otherwise reverse engineeror attempt to hack or otherwise discover any source code or underlying ideas oralgorithms of the Service or any portion thereof, except to the extent as maybe expressly permitted by law and authorized hereunder;
(iv) copythe Service or any part, feature, function or user interface thereof, accessthe Service in order to build a competitive product or service;
(v) attemptto gain unauthorized access to, or otherwise impair the integrity, use orsecurity of, the Service or any information accessible thereby (includinginformation of third parties) or any systems or data of Company or a thirdparty;
(vi) interferewith or disrupt the integrity or performance of the Service or its components;
(vii) usethe Service to store or transmit infringing, libelous, or otherwise unlawful ortortious material, or to store or transmit material in violation of third-partyprivacy or intellectual property rights;
(viii) permitdirect or indirect access to or use of any Service in a way that circumvents acontractual usage limit;
(ix) shareUser's Account login credentials with any third party;
(x) useService to process, store, transmit or receive any information or materials ifprohibited under the Terms, by policies of the given online retailer or byapplicable laws, rules or regulations. This paragraph will survive terminationof the Terms for any reason.
4.2. TheUser is solely responsible for securing credentials to the Service andpreventing any unauthorized access of any third-party from accessing theService on the User’s behalf. The User is responsible for their account and fortheir confidential data. The User should refer to the login and password asconfidential information and not disclose them to third parties. All actionsperformed from the User’s Account are considered to have been performed by theUser. The User may not use the Service for the purpose of carrying out anyactivity that is aimed at violating the applicable law, the Terms and/or rightsand legitimate interest of any third party.
4.3. TheUser agrees that the Company, at its sole and absolute discretion, has theright to refuse access to the Service completely or partially to itsfunctionality (if applicable), in case of User’s inconsistency with theseTerms, including, as a result of obtaining complaints from third parties ornotifications from any public authority that the actions of the User mayviolate the applicable laws.
4.4. TheCompany reserves the right to change, improve and update the Service at anymoment without notifying the User. The User not willing to use the upgradedService version can either continue using the previous Service version (ifapplicable and available) at the User’s own risk or stop using the Service.
4.5. Notwithstandinganything in these Terms to the contrary, Company reserves the right to suspendits performance hereunder and/or suspend or limit User’s access to or use ofthe Service, or to terminate these Terms, immediately and without any liabilityto User in the event of (i) a breach of these Terms by User or (ii) any act oromission of any of User that in Company’s reasonable discretion, (a) poses arisk of disruption or interference with any portion of the Service (or thesecurity thereof) or with any other user’s use of the Service (or any portionthereof), or (b) constitutes an unreasonable, excessive or abusive use of theService, Company’s systems or resources. Neither termination of these Terms orsuspension of User’s use of the Service relieves User of their obligation topay any fees due to Company.
5.1. Tothe fullest extent permitted by the applicable law, Company provides Service onan “as is” and “as available” and makes no representations or warranties of anykind concerning the Service, express, implied, statutory, or otherwise,including, without limitation, merchantability, fitness for a particularpurpose. Company does not warrant that the functions or content contained inthe Service will be uninterrupted or error-free, that defects will becorrected, or that Company’s servers are free of viruses or other harmfulcomponents. In particular, Company makes no representation or warranty that theinformation provided through the Service, regardless of the source, isaccurate, complete, reliable, current, or error-free. Company disclaims allliability for any inaccuracy, error, or incompleteness in the Service.
5.2.Company makes no guarantee or representation of any kind concerning the resultsof User’s use of the Service. Any testimonials or examples displayed ordepicted through /or in the Service are only examples of what may be possible.There can be no assurance as to any particular outcome, including increasedincome, online marketplace ranking, sales, and/or any other outcome, based on theuse of the Service or any other products, programs or service offered byCompany. The Company makes no guarantees or representations of any kind:
5.2.1.that the Service meets or will meet the User's purposes and expectations;
5.2.2. ofthe uninterrupted and error-free operation of the Service as a whole and of itscertain components and/or functions;
5.2.3. ofreliability, accuracy, completeness and timeliness of the Service use resultsand their fitness for a particular purpose (e.g. endorsing legally binding and/ or relevant actions and / or facts, producing accurate statistics etc.);
5.2.4.that the information or access to it, its contents and quality, available bythe Service, may meet the User's purposes and expectations.
5.3. TheCompany is not responsible for the use any information or materials accessed byUser via the Service, the User uses them in its sole risk and is solely liablefor any consequences such use may incur, including damage it may cause to theUser, the device of the User or third parties, for any loss of date, violationof rights, or any other damage.
5.4. TheCompany is not responsible for reimbursement of any losses incurred as a resultof the use or inability to use the Service by the User or its separate parts /functions, including possible errors or malfunctions.
5.5. TheUser hereby undertakes to indemnify and hold the Company harmless from andagainst any and all loss, liability, damages, claims and expenses (includingreasonable attorneys’ and other professional fees and costs) incurred as aresult of any claims, proceedings or lawsuits arising out of the use of theService by the User in breach (or in alleged breach) of any provisions of theapplicable law and the Terms.
6.1. TheService may integrate and/or interact with third party platforms, including viaAPIs, e.g. YouTube API. By using any third-party API clients User agrees to bebound by respective terms and conditions. User is solely responsible fordetermining and ensuring that their use of the Service complies at all timeswith all policies, terms and conditions of third parties that apply to User ortheir use of the Service in connection with such third parties. User willensure that their use of the Service will at all times comply with all suchpolicies, terms and conditions, and Company has no responsibility to verifyUser’s compliance. Company will have no liability to User whatsoever for anyloss or harm User may suffer as a result of their failure to comply with allsuch policies or agreements or their use of the Service in a manner that doesnot comply with all such policies, terms and conditions.
6.2.Company is not a party to User’s transactions with third parties. User agreesthat Company is not a party to any transaction or interaction between them andany third party, even if that transaction or interaction is facilitated, inwhole or in part, by or through Company or the Service. User’s transactions andinteractions with any third party, including payment and fulfillment, and anyother terms, conditions, warranties or representations associated with suchtransactions or interactions, are solely between User and such a third partyand User expressly acknowledges and agrees that such transactions andinteractions are at their own risk. User agrees that Company will not beresponsible or liable for any loss or damage of any kind or nature incurred asthe result of, or in connection with, any such transaction or interaction. Useralso understands and agrees that if there is a dispute between User and anythird party, Company has no obligation to become involved. Company disclaimsall responsibility and liability for these transactions and interactions to thefullest extent permitted by law. User hereby releases Company, its officers,employees, agents and successors in rights from claims, demands and damages ofevery kind or nature, known or unknown, suspected and unsuspected, disclosedand undisclosed, arising out of or in any way related to User’s transactions orinteractions with any third party, including any disputes arising in connectiontherewith.
6.3.Company has no affiliation, association, endorsement or sponsorship by onlinemarketplace, or any other third-party platforms. It is User’s responsibility toanalyze and interpret any third-party terms of service applicable to their useof the Service, and User acknowledges that Company has no control over, and arenot a party to, such terms.
6.4. Byusing the Service, User hereby releases Company from, and waives any and allclaims or claim rights that User may have against Company, and releases andindemnifies Company against any claims that any third party may have againstCompany, arising from or related to (i) User’s use of any third partyplatforms, including if accessed or used via the Service, and (ii) third partyterms, applicable privacy policies or any other rules or regulations of suchthird parties entered into by User or applicable to User.
7.1. Thisagreement shall be governed, construed, and enforced in accordance with thelaws of the Republic of Armenia without regard to its conflict of laws rules,or international law or convention.
7.2. Alldisputes arising from application of the Terms or the use of the Service shallbe settled in accordance with the laws of the Republic of Armenia.
In allparts of these Terms, unless expressly stated otherwise, the term"applicable law" shall mean both the laws of the Republic of Armeniaand the laws of countries of the User’s current location.
7.3.Company shall, at all times, be deemed to be independent contractors and shallnot be deemed to be employees, agents, joint venturers, partners orrepresentatives of User, or be authorized or empowered to create any claim,debt or obligation on behalf of User.
7.4. Theinvalidity or unenforceability of any provisions of these Terms shall notaffect the validity or enforceability of any other provisions of these Terms,which shall remain in full force and effect.
7.5.Absence of immediate action on behalf of the Company in case of the User’sviolation or breach of any provision of the Terms in no way constitutesCompany’s waiver to resort to all the available measures for defense of theCompany’s interest later, nor does it constitute Company’s waiver of suchrights for defense in any similar future cases or violations.
7.6. Usermay not assign any of her rights under these Terms, and any such attempt willbe void. Company may assign its rights to any of its affiliates orsubsidiaries, or to any successor in interest of any business associated withthe Services.
In theevent Company is sold to a third party, such a sale will not be deemed atransfer of personal information so long as that third party agrees to assumeCompany’s obligations under these Terms.
7.8. 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.