Terms of Service (May 25, 2018)

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THESE TERMS OF SERVICE (THESE “TERMS”) GOVERN SUBSCRIPTION TO AND USE OF ALGOLIA’S SERVICES. IF YOU REGISTER FOR A FREE TRIAL OF ALGOLIA’S SERVICES, THE APPLICABLE PROVISIONS OF THESE TERMS WILL ALSO GOVERN THAT FREE TRIAL. BY ACCESSING OR USING ALGOLIA’S WEBSITES AND SERVICES, YOU ACCEPT OR AGREE TO THESE TERMS. IF YOU ARE ENTERING INTO OR ACCEPTING THESE TERMS ON BEHALF OF A LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY AND CAPACITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THESE TERMS, IN WHICH CASE, THE TERM “SUBSCRIBER” SHALL REFER TO SUCH ENTITY AND ITS AFFILIATES. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THE PROVISIONS OF THESE TERMS, DO NOT ACCESS OR USE ALGOLIA’S SERVICES.

LAST UPDATED: APRIL 25, 2018

EFFECTIVE DATE: MAY 25, 2018

1. Agreement.

These Terms of Service (these “Terms”) are made by and between the party on whose behalf they are accepted ("Subscriber") and Algolia and are effective as of the date they are accepted by Subscriber. “Algolia” means either (i) Algolia, Inc., a Delaware corporation, with offices at 301 Howard St, 3rd floor, San Francisco, CA 94105 (USA), if Subscriber is domiciled in a country outside of Europe, or (ii) Algolia SAS, a French société par actions simplifies, with offices at 55 Rue d’Amsterdam, 75008 Paris, France, if Subscriber is domiciled in a country within Europe. The complete subscription agreement including these Terms (the “Agreement”) is made for the purpose of granting Subscriber a limited subscription to use Algolia’s hosted search, support or other services (the “Services”).

2. Free Trial.

2.1 If Subscriber registers at Algolia’s websites for a free trial ("Trial Account") of one or more Services, Algolia will make such Services available to Subscriber on a trial basis free of charge until the earlier of (a) fourteen (14) days (the “Evaluation Period”), (b) the start of any paid subscription for such Services, or (c) termination by Algolia at its sole discretion. If, at the end of the Evaluation Period, Subscriber does not sign up for a paid subscription of the Services, the Agreement will automatically terminate unless Algolia agrees, in its sole discretion, to extend the Evaluation Period. Additional terms and conditions may appear on the registration website for a Trial Account and any such additional terms and conditions are incorporated into this Agreement by reference and are legally binding.

2.2 ALL TRIAL ACCOUNTS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND. TRIAL ACCOUNTS MAY BE SUSPENDED, TERMINATED, OR DISCONTINUED AT ANY TIME AND FOR ANY REASON (OR NO REASON). ALGOLIA DISCLAIMS ALL OBLIGATION AND LIABILITY UNDER THE AGREEMENT (INCLUDING LIABILITY OTHERWISE PROVIDED FOR UNDER SECTION 13 (LIMITATION OF LIABILITY)) FOR ANY HARM OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH A TRIAL ACCOUNT, INCLUDING ANY OBLIGATION OR LIABILITY WITH RESPECT TO SUBSCRIBER DATA. ANY CONFIGURATIONS OR SUBSCRIBER DATA ENTERED INTO A TRIAL ACCOUNT, AND ANY CUSTOMIZATIONS MADE TO A TRIAL ACCOUNT BY OR FOR SUBSCRIBER, MAY BE PERMANENTLY LOST IF THE TRIAL ACCOUNT IS SUSPENDED, TERMINATED, OR DISCONTINUED. ALGOLIA’S INDEMNITY OBLIGATIONS UNDER SECTION 16 (INDEMNIFICATION) DO NOT APPLY TO TRIAL ACCOUNTS.