These GTC govern Customer’s use of the brand search engine and related services (the Services) provided by Things of brand through its website or plugins and application program interfaces with third party services (the APIs) as well as the access and use of the content displayed via the Services (the Content).
These GTC do not govern any services Things of brand may provide with respect to the Services under one or more separate agreements, such as consulting services.
By subscribing for the use of the Services, Customer expressly agrees to be bound by the terms hereof. For the avoidance of doubt, if Customer is a legal entity, any subscription for the use of the Services by any of its employees, agents or representatives, on behalf of Customer, is deemed as acceptance of the terms of these GTC by Customer. If you are subscribing for the use of the Services on behalf of a legal entity, you represent and warrant that you are duly authorized to do so.
Upon request by Thingsofbrand, the Customer must provide a list of its designated employees, agents, or authorized representatives who are permitted to access and use the Services on the Customer’s behalf (the Authorized Users).
If Thingsofbrand issues user credentials on an individual basis, these credentials must only be used by the specific individuals for whom they were issued, solely for the benefit of the Customer. In cases where user credentials are issued without assigning specific individuals, any Authorized User may use them, provided the use is strictly on behalf of the Customer.
The Customer is responsible for maintaining the confidentiality of user credentials issued by Thingsofbrand and must immediately report any loss or unauthorized disclosure. In such cases, the credentials will be deactivated and replaced, potentially incurring a reasonable replacement fee. Additionally, the Customer must promptly notify Thingsofbrand if any named user with issued credentials leaves their organization.
The Customer must keep an up-to-date record of its Authorized Users and provide it to Thingsofbrand upon request.
Provided the Customer complies with these GTC, including the timely payment of applicable fees as outlined in Section 9, Thingsofbrand grants the Customer a revocable, non-exclusive, and non-transferable right to access and utilize the Services during the agreed term. This access must be strictly in accordance with any documentation or guidelines provided by Thingsofbrand, and solely for the Customer’s own purposes and benefit.
The Customer may only access and use the Services through its own employees, agents, or authorized representatives, exclusively for its internal business needs. The Customer must ensure these users adhere to the terms of these GTC. The Services may not be used on behalf of or for the benefit of third parties, nor may they be sublicensed or transferred without explicit prior written consent from Thingsofbrand.
The Services are offered as a Software as a Service (SaaS) solution through Thingsofbrand’s platform or via APIs integrated with third-party services. Access is granted for use only; no physical or digital copy of the Services will be provided to the Customer.
The Customer is responsible for paying the fees specified in an order form, subscription form, or any other relevant documentation (e.g., pricing schedules) (the Fees), in accordance with the payment terms outlined in Section 9.
The Customer and its Authorized Users must always adhere to applicable laws and regulations regarding the use of the Services. They must also comply with the terms, conditions, and limitations outlined in the Agreement or any written instructions provided by Thingsofbrand. Specifically, unless explicitly permitted or with prior written consent from Thingsofbrand, the Customer or Authorized Users must not, during or after the Term:
The Customer must consistently ensure that its use of the Services complies with all applicable laws and regulations. Additionally, the Customer is required to follow the terms of use for the Services, as well as any guidelines or instructions issued by Thingsofbrand.
Thingsofbrand may utilize tools within the Services to verify the Customer’s adherence to these GTC. If any non-compliance is identified, Thingsofbrand reserves the right to temporarily or permanently suspend access to the Services or deactivate any issued user credentials.
If providing the Services involves Thingsofbrand processing (i) personal data shared by the Customer or its Authorized Users (Customer Personal Data), such as data within Customer Materials, or (ii) personal data related to Usage Data (Usage Personal Data), both Thingsofbrand and the Customer agree to fulfill their respective obligations under applicable data protection laws and regulations.
The Customer must ensure that any Customer Personal Data provided to Thingsofbrand for processing complies fully with relevant data protection and privacy laws. Specifically, the Customer must:
By agreeing to these GTC, the Customer explicitly acknowledges and consents that Customer Personal Data or Usage Personal Data may be processed on servers located outside its jurisdiction, including in regions where data protection laws may not match the standards of the Customer’s jurisdiction.
If a regulatory authority or third party, such as a data subject, makes a request, inquiry, or initiates an action directed at Thingsofbrand concerning the processing of Customer Personal Data, Thingsofbrand may forward this to the Customer. Should Thingsofbrand need to undertake compliance activities (e.g., responding to regulators or assisting the Customer), the Customer agrees to fully reimburse Thingsofbrand for related costs, including reasonable legal fees. Matters concerning Usage Personal Data will be handled directly by Thingsofbrand.
The parties may establish specific terms for processing Customer Personal Data through a separate agreement. If such terms exist, they will take precedence over this Section 10.