Terms of Service
These Terms of Service (these "Terms") set out the conditions on which Bernal, Inc. (the "Company") provides "Bernal" (the "Service"), the search intelligence we offer. Businesses that deploy the Service (each, a "Client"), and anyone using the Service on a Client's website (each, a "User"), may use the Service only on acceptance of these Terms.
Article 1 (Application)
These Terms set out the conditions on which the Service is provided, and the rights and obligations between the Company, Clients and Users, and apply to all use of the Service.
Article 2 (Description of the Service)
The Service is a search engine installed via an embedded tag on a Client's website. It provides on-site search functionality to Users, and provides the Client with analysis such as search keyword trends and effectiveness measurement by membership tier.
Article 3 (Relationship with Clients)
The terms on which the Service is provided to a Client — including contract term, fees and division of responsibilities — are set out separately in an agreement between the Company and that Client. These Terms set out the general conditions on which a User accesses the Service directly via a website.
Article 4 (Prohibited conduct)
In using the Service, Users must not:
- act contrary to any law, public order or accepted standards of morality;
- infringe the intellectual property rights, image rights, privacy or other rights of the Company or any third party;
- access the Service's systems without authorisation, or interfere with their operation;
- unlawfully collect or use information obtained through the Service; or
- engage in any other conduct the Company considers inappropriate.
Article 5 (Suspension or alteration of the Service)
The Company may suspend, interrupt or alter all or part of the Service without prior notice to Users, including for reasons of system maintenance or in response to a fault.
Article 6 (Disclaimer)
The Company gives no warranty, express or implied, that the Service is free of factual or legal defect — including as to its safety, reliability, accuracy, completeness, validity, or fitness for any particular purpose. Except where arising from the Company's wilful misconduct or gross negligence, the Company accepts no liability for loss arising to a User or Client out of the Service.
Article 7 (Intellectual property)
Intellectual property rights relating to the Service belong to the Company, or to the third parties who license their rights to the Company.
Article 8 (Changes to these Terms)
The Company may change these Terms without notice to Users, where it considers this necessary. Any change takes effect from the moment it is published on this page.
Article 9 (Governing law and jurisdiction)
These Terms are governed by the law of Japan. Any dispute arising in connection with the Service shall be submitted to the exclusive jurisdiction of the district court having jurisdiction over the location of the Company's registered head office, as the court of first instance.
Article 10 (Enquiries)
For enquiries about these Terms, please contact us via our Contact page.