SEATEXT Corp License Agreement
Welcome to SEATEXT!
This User Agreement ("Agreement") constitutes a legally binding contract between you ("User," "you," or "your") and **SEATEXT Corp**, a Delaware corporation ("Company," "we," "our," or "us"). This Agreement governs your access to and use of the SEATEXT Corp software-as-a-service communication platform, including any related websites, applications, software, and services (collectively, the "Service") designed to facilitate business messaging and customer engagement. By accessing, registering for, or using the Service in any manner, you signify that you have read, understood, and agree to be bound by all terms and conditions outlined in this Agreement and our accompanying Privacy Policy.
1. Acceptance of Terms
Your use of the Service is expressly conditioned upon your acceptance of this Agreement. If you do not agree to these terms and conditions, you are not permitted to access or use the Service. If you are using the Service on behalf of an organization or entity, you represent and warrant that you have the authority to bind that entity to this Agreement, and in such case, "you" and "your" will refer to that entity.
2. Use of the Service
2.1. Email Requirement & Account Security: To register for and utilize the Service, you must provide a valid, current email address. This email address will serve as the primary means for official communication from SEATEXT Corp, including essential service notifications, security alerts, billing information, and warnings regarding potential overuse or misuse of the platform. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.
2.2. Service Communications: By providing your email address and using the Service, you explicitly consent to receive mandatory electronic communications from SEATEXT Corp. These communications are integral to the provision and administration of the Service (e.g., updates, security notices, policy changes) and are not marketing messages subject to opt-out provisions. You acknowledge that failure to receive or read these communications may impact your use of the Service, but SEATEXT Corp is not liable for any consequences arising from such failure.
2.3. Eligibility: You must be at least 18 years of age and possess the legal capacity to enter into binding contracts to use the Service. Use by individuals under 18 is strictly prohibited.
2.4. Access and Equipment: You are solely responsible for obtaining, maintaining, and paying for all hardware, software, internet access, and other equipment or services necessary to connect to, access, and use the Service.
2.5. Usage Restrictions & Acceptable Use: You agree to use the Service only for lawful purposes and in accordance with this Agreement. You shall not, and shall not permit others to:
- • Use the Service for any illegal, fraudulent, deceptive, or unauthorized purposes, including violating any applicable laws or regulations regarding communications (e.g., TCPA, GDPR).
- • Attempt to gain unauthorized access to, tamper with, or use non-public areas of the Service, SEATEXT Corp's computer systems, or the technical delivery systems of our providers.
- • Probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures.
- • Upload, transmit, distribute, or store any content that infringes intellectual property rights, violates privacy, is defamatory, obscene, harassing, or otherwise unlawful.
- • Interfere with or disrupt the integrity, performance, or availability of the Service or the data contained therein.
- • Engage in any activity that could harm, disable, overburden, or impair the Service or its users, including sending spam, phishing, or distributing malware.
- • Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or underlying ideas or algorithms of the Service, except to the extent permitted by applicable law.
- • Resell, sublicense, lease, or otherwise make the Service available to third parties without explicit written permission from SEATEXT Corp.
Violation of these usage restrictions may result in immediate suspension or termination of your access to the Service, without prejudice to any other rights or remedies available to SEATEXT Corp.
Prohibited Industries and Client Types
SEATEXT Corp explicitly prohibits the use of its Service by clients operating in certain industries or engaging in specific activities. We maintain the right to refuse or terminate service to any client for any reason, particularly those involved in the following:
- • Pornographic Industry: Any business primarily engaged in the production, distribution, or sale of pornographic, adult, or sexually explicit content.
- • Controlled and Illegal Substances: Any business involved in the sale, distribution, or promotion of controlled substances, illegal drugs, or related paraphernalia.
- • Online Gambling: Online casinos, betting, or gambling websites. Exception: Legally licensed and regulated online gambling platforms may be permitted on a case-by-case basis. You must contact SEATEXT Corp support in writing to request and receive explicit prior approval before using the Service.
- • Fraudulent or Malicious Activities: Any websites or services engaged in fraudulent, deceptive, or malicious activities, including but not limited to scams, phishing schemes, or the distribution of malware.
If we discover that a client is operating in one of these prohibited categories, we reserve the right to immediately suspend or permanently terminate their account and access to the Service, without prior notice and without eligibility for a refund.
2.6. Blocked and Free Plan Usage and Terms: If you are using the Service without an active paid subscription, including any free tier or plan ("Free Plan"), or if you have integrated SEATEXT's code snippet on your website without activating a plan ("Blocked Plan"), your usage is subject to the following specific terms. You acknowledge and agree to the following:
a. Website View Limit: Accounts on the Free Plan are currently subject to a soft limit of one hundred thousand (100,000) views per month for any website connected to or utilizing the Service for which views are tracked or facilitated by SEATEXT. This limit is subject to change.
b. Limit Increase Requests: You may request an increase to this view limit by submitting a written request to SEATEXT Corp support. SEATEXT Corp may, in its sole and absolute discretion, review, approve, or deny such requests. Approval of a limit increase is not guaranteed and may be subject to additional terms, conditions, conversion to a paid plan, or other requirements as determined by SEATEXT Corp.
c. Right to Modify Limits and Service: SEATEXT Corp expressly reserves the right, in its sole and absolute discretion, to establish, modify, impose, or remove any usage limits (including but not limited to view limits, feature access, data storage limits, or other quantitative or qualitative restrictions) for any Free Plan, for any specific user account on a Free Plan, or for Free Plans generally, at any time and without prior notice or liability to you. This includes the right to introduce new limits, change existing limits, differentiate limits between users, or discontinue any aspect of the Free Plan. Your continued use of the Free Plan after any such changes constitutes your acceptance of the new limits and terms.
d. Promotional and Marketing Rights: By using the Free Plan, you grant SEATEXT Corp a non-exclusive, worldwide, royalty-free, and irrevocable license to publicly display and use any information, data, or results achieved through your use of the Service for its marketing and sales purposes. This includes, but is not limited to, using your company name, logo, and performance metrics in case studies, testimonials, press releases, and on our website and other promotional materials. You represent and warrant that you have all necessary rights to grant us this license.
e. Right to Insert SEO Links: You acknowledge and agree that as a condition of using the Service on a Blocked Plan or Free Plan, SEATEXT Corp reserves the right to programmatically insert, display, and manage hypertext links ("SEO Links") on any and all pages of your website where the Service is active. These SEO Links may point to SEATEXT Corp’s own websites, or to the websites of its partners, affiliates, or other third parties, and may contain keywords or anchor text determined by SEATEXT Corp in its sole discretion. The purpose of these links is for search engine optimization (SEO) and other marketing purposes. You grant SEATEXT Corp the right to modify your website's Document Object Model (DOM) to the extent necessary to implement and display these SEO Links. The placement, appearance, and content of these links will be determined by SEATEXT Corp and may be subject to change at any time without notice.
3. Intellectual Property Rights
3.1. SEATEXT Ownership: The Service, including its underlying technology, software, design, structure, interfaces, content (excluding User Content), trademarks, service marks, logos, and all associated intellectual property rights, are and will remain the exclusive property of SEATEXT Corp and its licensors. This Agreement does not grant you any rights to use SEATEXT Corp's trademarks, logos, domain names, or other brand features.
3.2. User Content License: You retain ownership of any data, information, or material you upload, submit, post, or create while using the Service ("User Content"). However, you grant SEATEXT Corp a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content solely to the extent necessary to provide, maintain, and improve the Service and as otherwise permitted by our Privacy Policy. You represent and warrant that you have all necessary rights to grant this license for any User Content you provide.
4. Fees and Payments
4.1. Subscription Fees: Access to certain features or tiers of the Service may require payment of subscription fees. You agree to pay all applicable fees as described on our website or within the Service for the pricing plan you select. Fees are typically billed in advance on a recurring basis (e.g., monthly or annually) unless otherwise specified. All fees are non-refundable except as expressly stated in the Refund Policy (Section 5).
4.2. Payment Information: You must provide complete, accurate, and current billing and payment information (e.g., credit card details). You authorize SEATEXT Corp or its third-party payment processor to charge your provided payment method for all applicable fees. You are responsible for keeping your payment information up to date. Failure to make timely payments may result in suspension or termination of your access to the Service.
4.3. Taxes: All fees are exclusive of applicable taxes, levies, or duties imposed by taxing authorities. You are responsible for paying all such taxes, excluding only taxes based solely on SEATEXT Corp's net income.
5. Refund Policy
5.1. 30-Day Refund Window: Users may request a refund for their most recent payment within thirty (30) calendar days of the payment transaction date. Refund requests must be submitted in writing to our support team via the contact information provided in this Agreement.
5.2. Approval Required: All refund requests are subject to review and approval by SEATEXT Corp. Refunds are not guaranteed and will be considered on a case-by-case basis.
5.3. Fraud Prevention Check: As part of the review process, SEATEXT Corp reserves the right to examine the user's account activity and usage patterns. This check is necessary to prevent fraudulent refund requests and ensure the integrity of the platform. Refunds may be denied if SEATEXT Corp, in its sole discretion, suspects fraudulent activity, abuse of the refund policy, or a violation of this User Agreement associated with the account.
5.4. Processing: If a refund is approved, it will typically be processed back to the original payment method within a reasonable timeframe (e.g., 5-10 business days), subject to the policies of the payment processor.
6. Privacy, Analytics, and Data Processing Obligations
A Quick, Plain-English Summary: This section is incredibly important. It explains what data our new analytics service collects about your website visitors, how we use it, and what your legal responsibilities are. The most important takeaway is that you are 100% responsible for getting permission (i.e., consent) from your visitors before our tool can collect any of their data. Please read this section carefully.
6.1. Our Role and Your Role (Data Controller vs. Data Processor): When you use our Service to collect and analyze data about your website visitors ("Visitor Data"), we are acting on your behalf. Under applicable data protection laws (like the GDPR or CCPA), this makes you the “Data Controller” of your Visitor Data, and SEATEXT Corp is the “Data Processor.” This means you determine the purposes and means of processing the data, and we process it only upon your instruction, which is initiated by your use of our Service in accordance with this Agreement.
In simple terms: It's your website and your visitors. You are in charge of their data. We are a tool you hire to process that data for you and provide you with insights.
6.2. Information We Collect for Analytics Services: To provide you with powerful insights into your website's audience and performance, our analytics service is designed to collect and process a range of Visitor Data. You acknowledge and agree that the Service will collect information from your visitors, which may include, but is not limited to:
• Geolocation Data: Country, region, and city derived from the visitor's IP address.• Technical Information: Browser type and version, operating system, device type, and screen resolution.• Behavioral Data: Pages visited, content viewed, time spent on each page, clicks, mouse movements, scrolling activity, session duration, and referral source (how the visitor arrived at your site).• Time Data: The date and time of day of the visit, in both the visitor's local time and UTC. The specific data points collected may evolve as we enhance our Service. We will use this Visitor Data solely to provide the analytics services to you and to improve the overall functionality of our Service. We do not use your Visitor Data for our own purposes or to serve advertising.
6.3. YOUR CRITICAL AND MANDATORY OBLIGATION TO OBTAIN VISITOR CONSENT: This is a fundamental condition of your use of the Service. You represent, warrant, and covenant that you are solely and entirely responsible for complying with all applicable laws, regulations, and self-regulatory principles related to data protection and privacy concerning your visitors. Specifically, you SHALL:
• (a) Provide Clear Notice: Prominently display a clear, comprehensive, and accurate privacy policy on your website that fully discloses your use of analytics services like SEATEXT and the data collection and processing practices described in Section 6.2.• (b) Obtain Valid Consent: Obtain unambiguous, freely given, specific, informed, and affirmative consent from each visitor BEFORE any SEATEXT tracking code is executed or any Visitor Data is collected. This consent mechanism (e.g., a cookie banner) must comply with the highest legal standards (such as GDPR) and allow users to accept or reject the tracking. You may not circumvent this requirement.• (c) Respect Visitor Choices: Ensure you have a mechanism for visitors to withdraw their consent at any time and that you honor such choices. In simple terms: Before our analytics tool can do its job, you MUST get a clear "yes" from your website visitors. This is not optional. Your privacy policy must explain that you use a tool like ours and what data it collects. Failure to do this is a major breach of this agreement and may violate privacy laws.
6.4. Indemnification for Privacy Violations: You agree to defend, indemnify, and hold harmless SEATEXT Corp, its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your breach of any of your obligations under this Section 6, including, but not limited to, any claims from your visitors or from data protection authorities related to your failure to provide adequate notice or obtain valid consent.
In simple terms: If we face legal action or fines because you didn't get proper consent from your visitors as required, you agree to cover all of our costs and liabilities. This responsibility is entirely on you.
6.5. Data Security and International Transfers: We will implement and maintain reasonable administrative, physical, and technical security safeguards to help protect the security and confidentiality of the Visitor Data we process on your behalf. You acknowledge that Visitor Data may be transferred to and processed in the United States and other locations where we or our service providers maintain facilities. You are responsible for ensuring that you have the necessary rights and consents (as required in Section 6.3) to permit this transfer of data.
7. Termination
7.1. Termination by You: You may terminate this Agreement at any time by ceasing all use of the Service and closing your account, subject to any outstanding payment obligations.
7.2. Termination by SEATEXT Corp: SEATEXT Corp reserves the right to suspend or terminate your access to the Service, in whole or in part, with or without notice, for any reason, including, but not limited to: (a) breach of this Agreement; (b) non-payment of fees; (c) prolonged inactivity; (d) requests by law enforcement or other government agencies; (e) discontinuance or material modification of the Service; or (f) unexpected technical or security issues.
7.3. Effect of Termination: Upon termination, your right to access and use the Service will immediately cease. SEATEXT Corp may delete your account and associated User Content. Sections related to Intellectual Property, Fees (outstanding), Disclaimers, Limitation of Liability, Indemnification, Governing Law, and Miscellaneous provisions shall survive termination.
8. Disclaimers of Warranties
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY LAW, SEATEXT CORP DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. SEATEXT CORP DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, ACCURATE, COMPLETE, RELIABLE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED. YOU USE THE SERVICE AT YOUR OWN RISK.
FURTHERMORE, YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE MAY EXPERIENCE INTERRUPTIONS, ERRORS, DEFECTS, OR MALFUNCTIONS (COLLECTIVELY, "SERVICE ISSUES"). YOU AGREE THAT IDENTIFYING, MANAGING, AND MITIGATING THE IMPACT OF ANY SUCH SERVICE ISSUES AND THEIR DIRECT OR INDIRECT CONSEQUENCES ARE YOUR SOLE RESPONSIBILITY. SEATEXT CORP SHALL HAVE NO LIABILITY, OBLIGATION, OR RESPONSIBILITY WHATSOEVER FOR ANY DAMAGES, LOSSES (INCLUDING BUT NOT LIMITED TO DATA LOSS, BUSINESS INTERRUPTION, LOSS OF PROFITS, COST OF SUBSTITUTE SERVICES, OR HARM TO YOUR SYSTEMS OR DATA), OR COSTS INCURRED BY YOU OR ANY THIRD PARTY AS A RESULT OF ANY SERVICE ISSUES, REGARDLESS OF THE CAUSE AND EVEN IF SEATEXT CORP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISSATISFACTION WITH THE SERVICE OR ANY SERVICE ISSUES IS TO DISCONTINUE YOUR USE OF THE SERVICE.
9. Limitation of Liability and Indemnification
9.1. Limitation of Liability: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SEATEXT CORP, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF SEATEXT CORP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9.2. Cap on Liability: NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE TOTAL AGGREGATE LIABILITY OF SEATEXT CORP AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT PAID BY YOU TO SEATEXT CORP FOR USE OF THE SERVICE DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100.00).
9.3. Indemnification: You agree to defend, indemnify, and hold harmless SEATEXT Corp, its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to (a) your violation of this Agreement; (b) your User Content; (c) your use of the Service, including any use of the Service's content or features other than as expressly authorized in this Agreement; or (d) your violation of any applicable laws or regulations or the rights of any third party.
9.4. Exclusions: Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above limitations and disclaimers may not apply to you fully.
10. Governing Law and Dispute Resolution
This Agreement and any dispute arising out of or related to it or the Service shall be governed by and construed in accordance with the laws of the State of Delaware, United States of America, without regard to its conflict of law principles. Any legal action or proceeding arising under this Agreement will be brought exclusively in the federal or state courts located in Delaware, and the parties hereby irrevocably consent to the personal jurisdiction and venue therein.
11. Miscellaneous
11.1. Entire Agreement: This Agreement, together with the Privacy Policy and any other specific terms or agreements referenced herein or provided by SEATEXT Corp in connection with specific Service features, constitutes the entire agreement between you and SEATEXT Corp regarding the Service and supersedes all prior or contemporaneous agreements, understandings, representations, and warranties, whether written or oral.
11.2. Modifications: SEATEXT Corp reserves the right, in its sole discretion, to modify or replace this Agreement at any time. If a revision is material, we will provide reasonable notice prior to any new terms taking effect, typically by posting the updated Agreement on our website or notifying you via your registered email address or through the Service. What constitutes a material change will be determined at our sole discretion. Your continued use of the Service after any such changes become effective constitutes your acceptance of the new Agreement.
11.3. Severability: If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Agreement will continue in full force and effect.
11.4. Waiver: No waiver by SEATEXT Corp of any term or condition set forth in this Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of SEATEXT Corp to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision.
11.5. Assignment: You may not assign or transfer this Agreement, by operation of law or otherwise, without SEATEXT Corp's prior written consent. Any attempt by you to assign or transfer this Agreement, without such consent, will be null and void. SEATEXT Corp may freely assign or transfer this Agreement without restriction. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their successors, and permitted assigns.
If you have any questions, concerns, or feedback regarding this User Agreement or the Service, please contact us:
SEATEXT Corp
Attn: Sergei Glukhov
4455 Murphy Canyon Rd
San Diego, CA 92123
Email:
sgluhov@seatext.comBy using the SEATEXT Service, you acknowledge that you have read, understood, and agree to be bound by this User Agreement.