These Terms of Use (the “Terms”) apply to your access to and use of the website operated by SearchMarker AI Inc. (“SearchMarker,” “we,” “us,” or “our”), including its pages, forms, content, and features (the “Website”).
By accessing, browsing, or using the Website, or submitting information through a Website form, you agree to these Terms. If you do not agree, do not use the Website or submit information through it.
These Terms apply to all Website visitors and submitters, including prospective employees, prospective clients, business contacts, and other enquirers. Separate terms may govern particular services, projects, or employment relationships.
We may make changes to these Terms from time to time. If we make changes, we will provide you with notice of such changes, such as by sending an email, providing a notice through our Services or updating the date at the top of these Terms. Unless otherwise stated in our notice, the amended Terms will be effective immediately, and your continued use of our Services after we provide such notice will confirm your acceptance of the changes. If you do not agree to the amended terms, you must stop using our services.
1. Privacy
For information about how we collect, use, share or otherwise process information about you, please see our Privacy Policy.
2. Eligibility and Authority
You may use the Website only if you are at least 18 years old and legally capable of agreeing to these Terms. If you use the Website on behalf of another individual or organization, you represent that you are authorized to bind that individual or organization to these Terms.
3. Acceptable Use
You agree to use the Website lawfully and responsibly. Except to the extent a restriction is prohibited by applicable law, you will not do, and will not assist, permit, or enable any third party to do, any of the following:
- use the Website in violation of applicable laws or another person’s rights;
- submit false, misleading, fraudulent, defamatory, unlawful, or unauthorized information;
- copy, reproduce, distribute, publish, modify, or commercially exploit Website content except as permitted by law or with our written permission;
- access or attempt to access non-public areas, systems, servers, or data without authorization;
- probe, scan, test, disrupt, damage, or interfere with the security or operation of the Website;
- introduce malware or malicious code, scrape or harvest Website content or data, or use automated means to extract information without written permission;
- impersonate another person or misrepresent your identity, affiliation, qualifications, or authority; or
- use the Website to infringe intellectual property, misuse confidential information, or engage in unlawful competition.
We may investigate suspected misuse and take reasonable steps to protect the Website, SearchMarker, users, and third parties, including restricting access or referring suspected unlawful conduct to authorities.
4. Expert Applications and Employment Opportunities
The Website may allow individuals to express interest in employment or expert opportunities. Submitting an application does not guarantee that SearchMarker will review it by a particular date, contact or interview the applicant, make an offer, hire the applicant, or assign the applicant to a project.
SearchMarker may, subject to applicable law, assess applications, request further information, decide whether to proceed, and discontinue discussions or reject an application. An employment relationship will arise only if and when SearchMarker and the individual enter into the applicable employment offer or agreement and complete any required onboarding. Separate employment documentation and applicable employment law govern that relationship.
Nothing on the Website is an offer of employment, a promise of work, a guarantee of hours or assignments, or a representation that a particular opportunity will be available. Applicants are responsible for ensuring that the information they provide is accurate and authorized for disclosure.
5. Client Enquiries and Requests for Samples
Submitting a Contact Us form, product enquiry, or Request Samples form does not create a client, supplier, partnership, agency, fiduciary, or other contractual relationship with SearchMarker. It does not require SearchMarker to provide services, prepare or deliver samples, reserve resources, or enter negotiations.
Samples, if provided, are prepared or shared at SearchMarker’s discretion to help a prospective client evaluate SearchMarker’s capabilities. Unless SearchMarker agrees otherwise in writing, samples are for evaluation only and may not be reproduced, distributed, published, modified, reverse engineered, or used in a production environment. A sample does not commit SearchMarker to provide any service or result.
6. Separate Agreements Govern Services and Employment
Services performed for a client and any employment relationship between SearchMarker and an employee will be governed by separate written agreements and applicable law. Terms do not replace, amend, or create a client services agreement, statement of work, employment offer or agreement, non-disclosure agreement, or project-specific contract.
If a separate written agreement signed by the relevant parties conflicts with these Terms, the separate agreement governs the subject matter and relationship it expressly addresses. These Terms continue to govern Website use to the extent they do not conflict with that agreement.
7. Intellectual Property and Website Materials
The Website may include text, graphics, images, design elements, names, descriptions, documents, and other materials (“Website Materials”). Website Materials may be owned by SearchMarker, licensed to SearchMarker, or used with permission. SearchMarker claims rights only to the extent it owns or is authorized to use those materials.
Except as permitted by law or expressly authorized in writing, you may not copy, reproduce, adapt, distribute, publicly display, publish, sell, license, or create derivative works from Website Materials. No ownership rights are transferred to you by accessing the Website or receiving a sample.
“SearchMarker” and any names, marks, or branding displayed on the Website may be protected by applicable intellectual property laws. These Terms do not grant you a licence to use them except for ordinary, truthful, non-misleading reference to the company.
Third-party materials, software, fonts, templates, and other components may be subject to rights and licence terms held by their respective owners. These Terms do not claim ownership of rights SearchMarker does not hold.
8. Information You Submit
When you submit information through the Website, you represent that it is accurate to the best of your knowledge, that you have the right and authority to provide it, and that submitting it does not violate another person’s rights or applicable law.
You remain responsible for information and materials you choose to submit. Do not submit passwords, payment-card information, government identification numbers, highly sensitive personal information, confidential client datasets, or materials you are not authorized to disclose.
You permit SearchMarker to receive, review, use, and communicate about submitted information for purposes reasonably related to the form or enquiry and as described in our Privacy Policy. This does not transfer ownership of your information or grant SearchMarker a general right to use confidential or proprietary materials for unrelated purposes.
SearchMarker may disregard or decline to act on information that appears unlawful, misleading, irrelevant, unauthorized, or inconsistent with these Terms.
9. Third-Party Websites and Services
The Website may link to or rely on websites, platforms, software, or services operated by third parties. Those third parties are independent of SearchMarker. SearchMarker does not control and is not responsible for their content, availability, security, terms, or privacy practices. Your use of third-party services may be governed by separate terms and privacy policies.
10. Disclaimers
To the fullest extent permitted by applicable law, the Website and Website Materials are provided on an “as is” and “as available” basis, without warranties, representations, or conditions, express, implied, statutory, or otherwise, including implied warranties or conditions of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, or availability.
11. Limitation of Liability
To the fullest extent permitted by applicable law, SearchMarker and its directors, officers, employees, representatives, and service providers will not be liable for indirect, incidental, special, exemplary, punitive, or consequential loss or damage, or for loss of profits, revenue, business, opportunity, goodwill, data, or anticipated savings, arising out of or related to your use of, or inability to use, the Website or Website Materials.
The total aggregate liability of SearchMarker and the persons listed above for claims arising out of or relating to the Website or these Terms will not exceed CAD $100. This limit does not apply to liability that cannot lawfully be limited or excluded, or liability expressly assumed under a separate written agreement.
Nothing in these Terms excludes or limits any right or remedy that cannot be excluded or limited under applicable law, including non-waivable rights under applicable consumer protection or employment legislation. If any part of this section is unenforceable, the remaining provisions continue to apply to the fullest extent permitted by law.
12. Indemnification
To the fullest extent permitted by applicable law, you agree to indemnify and hold harmless SearchMarker and its directors, officers, employees, and representatives from third-party claims, losses, liabilities, damages, and reasonable costs (including legal fees) arising from your material breach of these Terms, unlawful use of the Website, or infringement of another person’s rights. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and SearchMarker.
13. Governing Law and Jurisdiction
These Terms and any dispute arising out of or relating to them or your use of the Website will be governed by the laws of the Province of Ontario and the applicable federal laws of Canada, without regard to conflict-of-law rules. Subject to mandatory legal requirements, the courts located in Ontario will have exclusive jurisdiction over such disputes, and you consent to the jurisdiction of those courts.
14. General
If any provision is invalid, illegal, or unenforceable, it will be severed or limited to the minimum extent necessary, and the remaining provisions will remain in effect. A failure or delay by SearchMarker to enforce a provision is not a waiver. You may not assign or transfer your rights or obligations under these Terms without SearchMarker’s prior written consent. SearchMarker may assign these Terms as part of a corporate reorganization, merger, sale, or transfer of its business, subject to applicable law.
These Terms, together with the Privacy Policy and any terms expressly incorporated by reference, form the entire agreement concerning your use of the Website. They do not replace any separate written agreement governing employment, client services, confidentiality, or a specific project.
15. Contact Us
For questions about these Terms, contact Searchmarker at hello@searchmarker.ai.