Your acceptance

Welcome to the terms of use for GetFound. This is an agreement (the “Agreement”) between GetFound, the owner and operator of the wearegetfound.co.uk website and any associated services offered (collectively, the “Platform”), and you (“you”, “your” or “user”), a user of the Platform. Throughout this Agreement, the words “GetFound”, “us”, “we” and “our” refer to our company, GetFound.

By accessing or using the Platform you agree to be bound by this Agreement and our Privacy Policy. We may amend either document and may notify you when we do so. Please be aware that it contains arbitration and class action provisions that may affect your rights. If you do not agree to these terms or the Privacy Policy, please cease using our services immediately.

User information and accounts

Users may be required to register on the Platform before accessing portions of it. Your information is collected and disclosed in accordance with our Privacy Policy. All users are required to provide truthful and accurate information when registering and must be over the age of 18. Users may register one account per user. We reserve the right to verify all user credentials and to reject any users. You are entirely responsible for maintaining the confidentiality of your password and account and for all activities that occur under your account.

You agree to notify GetFound immediately of any unauthorised use of your account or any other breach of security. GetFound will not be liable for any losses you incur as a result of someone else using your password or account, either with or without your knowledge. If you are registering on behalf of your company, you represent and warrant that you are authorised to create an account on your company’s behalf and to enter into legally binding agreements on its behalf.

Upon cancellation of your account or plan, we delete the data associated with your account. This includes target keywords, audits, and Google Analytics and Search Console data.

Access and licence

After registering and properly paying where required, we grant you a personal, non-exclusive, revocable, limited licence to access the Platform and to use any of our services. As a user, you do not receive any ownership interest in any portion of the Platform — you merely receive the revocable access and licence stated here. All rights not explicitly granted are reserved for GetFound.

If you breach any of our usage guidelines, we may revoke your licence or your access to the Platform at our discretion. We may also revoke or restrict access if we believe your actions may harm us or our business interests. Our failure to revoke a licence or restrict access does not act as a waiver of your conduct.

Our services

Through the Platform, GetFound may offer SEO services or other services. GetFound uses reasonable efforts to provide these services; however, all services depend on innumerable factors and market variables outside GetFound’s direct control. For these reasons, all services are offered “as is” and are not guaranteed. Where you decide to use any services offered by the Platform, you agree that we make no guarantees, including but not limited to web placement, rankings, or any profits.

You understand that the services offered may have variance, be inexact, or be otherwise incorrect. An increase in search engine ranking, an increase in business, or any other associated benefit is neither implied nor guaranteed. Website rankings or results may vary by region, search engine, or fluctuate based on factors outside our control. Due to the nature of our services, you agree that:

• GetFound is not responsible for any changes made to your website that adversely affect its search engine rankings.
• GetFound has no control over the policies of search engines with respect to the type of sites or content they accept, now or in the future, and your site may be excluded from any directory or search engine at any time at the sole discretion of that search engine or directory.
• GetFound cannot and does not guarantee any position change, fixed position, or position increase for any keyword, phrase or search term.
• GetFound makes no representations as to any profits or increased business related to your use of the services.
• GetFound has no control over any action or inaction by any search engine related to your website or its ranking.

You agree to release us from any liability that we may incur for providing any services offered via the Platform, and that any service or other information found on the Platform may be inaccurate, unsubstantiated or possibly incorrect.

Your obligations

If you wish to purchase any services offered via the Platform, you agree that you will promptly cooperate and provide GetFound with the access, software codes, data, documents, content and other information we need to deliver those services. Your failure to cooperate or assist us may prevent completion of any services offered. Where you fail to cooperate with GetFound, you agree that no refunds may be granted.

Use of the Platform

When using our Platform, you are responsible for your use of it and for any use of GetFound made using your account. You agree that you may not:

• copy, distribute or disclose any part of the Platform in any medium, including without limitation by any automated or non-automated “scraping”;
• attempt to interfere with or compromise the system integrity or security of, or decipher any transmissions to or from, the servers running the Platform;
• use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Platform or extract data;
• use automated bots or other software to send more messages through our Platform than humanly possible;
• share your licence or access with any other parties;
• use the Platform on a computer that is used to operate nuclear facilities, life support, or other mission-critical applications where life or property may be at stake;
• decompile, reverse engineer, disassemble, modify, rent, sell, lease, loan, distribute, or create derivative works or improvements to the Platform or any portion of it;
• access our Platform in an attempt to build a similar or other competitive product;
• use the Platform to store or transmit any health, medical or sensitive financial information;
• take any action that imposes, or may impose at our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
• collect or harvest any personally identifiable information, including account names, from the Platform;
• impersonate any person or entity, or misrepresent your affiliation with a person or entity;
• violate or infringe other people’s intellectual property, privacy or other contractual rights while using our Platform;
• use the Platform for any purposes that are misleading, unlawful, defamatory, obscene, invasive, threatening or harassing;
• sell, lease, loan, distribute, transfer or sublicense the Platform or access to it, or derive income from the use or provision of the Platform, unless enabled through the functionality of our Platform;
• interfere with or disrupt the Platform, violate any law or regulation (you are solely responsible for such violations), or cause or aid in the disruption, destruction, manipulation, removal, disabling or impairment of any portion of our Platform.

If you are discovered to be undertaking any of the aforementioned actions, your privileges to use our Platform may be terminated or suspended at our discretion. Generally, we will provide an explanation for any suspension or termination, but GetFound reserves the right to suspend or terminate any account at any time without notice or explanation.

User content

Any information you submit or transmit through the Platform or via email — including data, information, images, references or any other material — is referred to as “User Content” throughout this Agreement. We are not required to host, display, migrate or distribute your User Content and may refuse to accept or transmit it. You agree that you are solely responsible for any User Content submitted and you release us from any liability associated with it. We provide industry-standard security for our Platform but cannot guarantee the absolute safety and security of any User Content. Any User Content found to be in violation of this Agreement, or that we determine to be harmful to the Platform, may be modified, edited or removed at our discretion.

When submitting any User Content you represent and warrant that you own all rights to it (or have otherwise obtained permission to use it), that all User Content is legal, and that it does not interfere with any third party’s rights or obligations.

When you submit User Content to us, you grant GetFound, its partners, affiliates, representatives and assigns a non-exclusive, limited, fully-paid, royalty-free, revocable, worldwide, transferable licence to display, distribute, store, broadcast, transmit, reproduce, modify, and prepare derivative works of all or part of your User Content for the purposes of providing you the services associated with the Platform. Additionally, you grant GetFound a worldwide, perpetual, irrevocable, royalty-free licence to use and incorporate into the Platform any suggestion, enhancement request, recommendation, correction or other feedback you provide relating to the operation of our Platform.

Privacy Policy

We value your privacy and understand your privacy concerns. Our Privacy Policy is incorporated into this Agreement and governs your access to and use of the Platform. All information we collect is subject to our Privacy Policy, and by using the Platform you consent to all actions taken by us with respect to your information in compliance with it. You further understand that any information collected by GetFound may be transferred to other countries for storage, processing and use by GetFound and its affiliates.

Platform availability

Although we try to provide continuous availability, we do not guarantee that the Platform will always be available, work, or be accessible at any particular time. GetFound is under no obligation to provide the services to any user and may suspend a user’s access to the Platform at any time at our discretion. We may refuse service or terminate your access at any time, and we cannot guarantee that anything found on our Platform will work to the functionality desired by you or give you any desired results.

Modification of the Platform

We reserve the right to alter, modify, update or remove our Platform at any time. We may do so for security reasons, intellectual property, legal reasons or various other reasons at our discretion, and are not required to explain such modifications — for example, we may provide updates to fix security flaws or to respond to legal demands. Nothing in this section obliges us to update the Platform for security, legal or other purposes.

Payments

Portions of the Platform or specific services offered may require payment, and you agree to pay for all costs, fees and taxes listed. You authorise GetFound or its third-party payment processors to charge your method of payment at the time of purchase. Please be aware that purchases are completed via our third-party payment processors and, where applicable, you must agree to their terms and conditions. All information you provide in connection with a purchase or transaction must be accurate, complete and current. Where you have failed to pay or payments are overdue, GetFound may suspend or terminate your access to any services without liability to us.

Taxes

Where GetFound does not charge you taxes for any purchases, you agree to pay any and all applicable taxes for your use and purchase of the services. Additionally, where requested by us, you agree to provide us with tax documentation to support any claims of on-time tax payment.

Subscriptions and automatic renewals

For your convenience, some services offered by GetFound may be provided on a recurring subscription basis (a “Paid Subscription”). When you purchase a Paid Subscription, your payment information is logged and you will be charged monthly. You authorise us to bill you on a recurring basis, and at the expiration of your initial paid subscription it will automatically renew for additional monthly periods until we are notified otherwise. No additional consent is required to charge your preferred payment method on a renewable basis for the plan you selected.

You can cancel your paid subscription at any time through your client dashboard or by emailing us at hello@wearegetfound.co.uk. Upon cancellation, portions of the Platform may become immediately inaccessible. Where your Paid Subscription has been cancelled or expired, we have no liability to you for any deleted, inaccessible, modified or removed User Content.

Refunds

As we offer online services that are delivered and published on your website, we cannot offer refunds for any Paid Subscriptions or paid services. All purchases are final, and we do not provide refunds on any payments under any circumstance due to the nature of our services. However, GetFound wants you to be satisfied with our services, so we recommend contacting us if there are any issues.

Deliverables

When using the Platform, you may be entitled to receive press releases, blog posts or other creative content (the “Deliverables”) upon purchase of our services. Contingent on complete and timely payment, GetFound assigns to you all right, title and ownership interest in any Deliverables you have purchased.

Where you have failed to pay for a Deliverable in a timely manner, GetFound reserves the right to withhold or demand the return of it. Unused promotional and non-promotional deliverables expire after one year. If there are any discrepancies, please contact GetFound.

Estimates

Some of our services may list estimated dates and timelines for delivery or completion (“Estimated Dates”). Although GetFound shall attempt to deliver all services by the Estimated Dates listed, they are good-faith estimates and are non-binding. GetFound reserves the right to modify, alter or extend any Estimated Dates at our discretion and is not responsible or liable for any failure to deliver before an Estimated Date. Oral or written statements made by any agent, employee or contractor of GetFound regarding Estimated Dates are non-binding and do not alter any contractual agreements between GetFound and any users.

Intellectual property

The name “GetFound”, wearegetfound.co.uk, the GetFound platform, along with the design of GetFound and any text, writings, images, templates, scripts, graphics, interactive features, trademarks and logos contained therein (the “Marks”), are owned by or licensed to GetFound, subject to copyright and other intellectual property rights under UK and foreign laws and international conventions. GetFound reserves all rights not expressly granted in and to the Platform. You agree not to engage in the use, copying or distribution of anything contained within the Platform unless we have given express written permission.

Idea submission

GetFound and its employees do not accept or consider unsolicited ideas, including ideas relating to processes, technologies, product enhancements or product names. Please do not send unsolicited ideas, content, artwork, suggestions or other works (“Submissions”) in any form. The sole purpose of this policy is to avoid potential misunderstandings or disputes when GetFound’s products or services might seem similar to an idea you submitted. If, despite our request, you do send us your ideas, you agree that: (1) your Submissions and their contents automatically become the property of GetFound, without any compensation to you; (2) GetFound may use or redistribute them for any purpose and in any way; (3) GetFound has no obligation to review them; and (4) GetFound has no obligation to keep them confidential.

Disclaimer

The Platform and all services are provided on an “as is”, “as available” and “with all faults” basis. To the fullest extent permissible by law, neither GetFound nor any of our employees, managers, officers, assigns or agents makes any representations, warranties or endorsements of any kind, express or implied, as to: (1) the Platform; (2) any information provided via the Platform; (3) the services; or (4) the security associated with the transmission of information to GetFound or via the Platform. In addition, we disclaim all warranties, express or implied, including but not limited to the warranties of merchantability, fitness for a particular purpose, lost profits, non-infringement, title, custom, trade, quiet enjoyment, system integration and freedom from computer virus.

GetFound does not represent or warrant that the Platform or its services will be error-free or uninterrupted, that defects will be corrected, or that the Platform or the servers that make it available are free of harmful components. GetFound does not make any representations or warranties that the services offered are accurate, complete or useful, and does not warrant that your use of the Platform is lawful in any particular jurisdiction.

Limitation of liability

To the fullest extent permitted by law, in no event shall GetFound, its officers, directors, employees, contractors or agents be liable to you for any direct, indirect, incidental, special, punitive or consequential damages — whether based on warranty, contract, tort (including negligence) or any other legal theory, and whether or not GetFound is advised of the possibility of such damages — resulting from: (1) your use or inability to use the Platform, or any errors, mistakes or inaccuracies found within it; (2) any personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Platform; (3) any interruption, misinformation, incomplete information or cessation of transmission to or from the Platform; (4) any bugs, viruses, trojan horses or the like transmitted to or through the Platform via a third party; (5) any failure or disruption of services, intentional or unintentional; or (6) any action taken in connection with any third party copyright or other intellectual property rights.

Specifically, in those jurisdictions where it is not allowed, we do not disclaim liability for: (1) death or personal injury caused by GetFound’s negligence or that of any of its officers, employees or agents; (2) fraudulent misrepresentation; or (3) any liability which it is not lawful to exclude either now or in the future. Where a total disclaimer of liability is disallowed, you agree that our total liability to you shall not exceed the amounts you have paid in the past six (6) months to use the Platform and its services.

Indemnity

You agree to defend, indemnify and hold harmless GetFound, its officers, directors, employees and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debts, and expenses (including but not limited to legal fees) arising from:

• your use of and access to the GetFound Platform, including any services;
• your violation of any term of this Agreement;
• your interactions with any other users or third parties; or
• your violation of any third party right, including without limitation any copyright, property or contractual right.

This defence and indemnification obligation will survive this Agreement and your use of the GetFound Platform. You agree that this indemnity extends to requiring you to pay for our reasonable legal fees, court costs and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party or parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.

Copyrights

We take copyright infringement very seriously. If you believe that any content owned by you has been infringed upon, please send us a message which contains:

• your name;
• the name of the party whose copyright has been infringed, if different from your name;
• the name and description of the work that is being infringed;
• the location on our Platform of the infringing copy;
• a statement that you have a good-faith belief that use of the copyrighted work described above is not authorised by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law;
• a statement that you swear, under penalty of perjury, that the information contained in your notification is accurate and that you are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use; and
• your signature — please email the notification to hello@wearegetfound.co.uk.

Choice of law

This Agreement shall be governed by the laws in force in England and Wales. The offer and acceptance of this contract is deemed to have occurred in England.

Disputes

Any dispute relating in any way to your use of the Platform shall be submitted to confidential arbitration. Arbitration shall be conducted in English by one (1) arbitrator; the arbitrator’s award shall be final and binding and may be entered as a judgement in any court of competent jurisdiction. Each party shall be responsible for their own arbitration fees and costs. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party, whether through class action proceedings or otherwise.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Platform or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. Notwithstanding the foregoing, either party may seek equitable relief to protect its interests (including but not limited to injunctive relief), or make a claim for non-payment, in a court of appropriate jurisdiction, and issues of intellectual property ownership or infringement may be decided only by a court of appropriate jurisdiction and not by arbitration.

Class action waiver

You and GetFound agree that any proceedings to resolve or litigate any dispute, whether through a court of law or arbitration, shall be solely conducted on an individual basis. You agree that you will not seek to have any dispute heard as a class action, representative action, collective action or private attorney general action.

Severability

In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included. If two or more provisions of this Agreement or any other agreement you may have with GetFound are deemed to conflict with each other’s operation, GetFound shall have the sole right to elect which provision remains in force.

Non-waiver

We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.

Assignment and survival

You may not assign your rights or obligations under this Agreement to any other party without our prior written consent. We may assign our rights or obligations to any other party at our discretion. All portions of this Agreement that would reasonably be believed to survive termination shall survive and remain in full force, including but not limited to the limitation of liability, representations and warranties, licensing, indemnification and arbitration sections.

Termination

You may cancel your Paid Subscription or your account at any time via your dashboard or by emailing us at hello@wearegetfound.co.uk. Any refunds are subject to the refund terms contained in this Agreement. Please be aware that upon termination of your account, access to portions of our Platform may become immediately disabled. We may terminate this Agreement with you if we determine that: (1) you have violated any applicable laws while using our Platform; (2) you have violated this Agreement; or (3) we believe that any of your actions may legally harm GetFound or our business interests. In the event of termination, we will strive to provide you with a timely explanation; however, we are not required to do so.

Entire agreement

This Agreement, along with the Privacy Policy, constitutes the complete and exclusive understanding and agreement between the parties regarding the subject matter herein, and supersedes all prior or contemporaneous agreements or understandings, written or oral, relating to its subject matter. Any waiver, modification or amendment of any provision of this Agreement will be effective only if in writing and signed by a duly authorised representative of each party.

Amendments

We may amend this Agreement from time to time. When we amend it, we will update this page and indicate the date it was last modified, or we may email you. You may refuse to agree to the amendments, but if you do, you must immediately cease using our Platform.

Electronic communications

The communications between you and GetFound use electronic means, whether you visit the Platform or send GetFound emails, or whether GetFound posts notices on the Platform or communicates with you via mobile notifications or email. For contractual purposes, you (1) consent to receive communications from GetFound in electronic form and (2) agree that all terms, conditions, agreements, notices, disclosures and other communications that GetFound provides to you electronically satisfy any legal requirement that they be in writing. The foregoing does not affect your statutory rights.

Relationship of the parties

The parties are independent contractors. This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between you and GetFound.

Contact

If you have any questions or issues, or you are having trouble accessing or using the Platform, please contact us at hello@wearegetfound.co.uk.