Last updated: 23 June 2025
These Terms of Service ("Terms") govern access to and use of the SearchKit service ("Service") operated by Aito Software Oy, a company registered in Finland (Business ID: 2401943-5) ("SearchKit", "we", "us").
By creating an account or using the Service, you agree to these Terms.
1. Definitions
- Customer: The legal entity that enters into these Terms.
- Authorized Users: Individuals authorized by the Customer to access the Service.
- Service: The hosted search, indexing, and retrieval platform provided by SearchKit.
- Customer Data: Data submitted to or indexed by the Service by or on behalf of the Customer.
- Indexed Content: Data ingested from connected sources selected by the Customer.
- Subscription: The paid or trial plan under which the Service is provided.
2. Scope of the Service
SearchKit provides a hosted service for indexing, searching, and retrieving Customer Data.
SearchKit does not review, control, or monitor Customer Data and is not responsible for its content.
We may update, modify, discontinue, suspend, or remove parts of the Service from time to time.
For paid Subscriptions, SearchKit will not make material adverse changes to the core functionality of the Service during an active billing period without at least 30 days' prior notice.
The Service is not intended to function as a system of record or backup unless expressly agreed in writing by SearchKit.
3. Accounts and Access
The Customer is responsible for all activity under its accounts.
Authorized Users must keep credentials secure and confidential.
The Customer must promptly remove access for users who no longer require it.
We may suspend access to protect the Service, enforce these Terms, or address security, legal, or payment issues.
4. Customer Responsibilities
The Customer represents and warrants that:
- It has all necessary rights and permissions to connect, index, and process Customer Data.
- Use of the Service complies with applicable laws and regulations.
- Customer Data does not infringe third-party rights or contain unlawful content.
- The Customer is solely responsible for configuring data sources, access controls, and permissions.
- The Customer is responsible for the accuracy, integrity, and suitability of Customer Data submitted to the Service.
- The Customer is responsible for maintaining appropriate backups of Customer Data.
5. Acceptable Use
The Customer and Authorized Users must not:
- Use the Service for unlawful or fraudulent purposes.
- Infringe intellectual property or privacy rights.
- Attempt to bypass security, access limits, or usage restrictions.
- Interfere with or disrupt the Service or its infrastructure.
- Circumvent usage limits, quotas, or technical safeguards.
- Create multiple accounts to avoid pricing or access restrictions.
- Use automated systems to extract or replicate the Service beyond documented interfaces.
We may suspend or terminate access for violations of this section.
6. Data Protection
For Customer Data, the Customer acts as data controller and SearchKit acts as data processor.
Processing of Customer Data is governed by the applicable Data Processing Agreement (DPA), which is incorporated by reference and forms part of these Terms.
Processing of account-level personal data is described in the Privacy Policy.
7. Intellectual Property
SearchKit retains all rights, title, and interest in the Service and any related materials.
The Customer retains all rights to Customer Data.
SearchKit is granted a limited right to process Customer Data solely to provide the Service.
No ownership of Customer Data is transferred to SearchKit.
8. Fees and Payment
Fees are based on the applicable Subscription plan.
Invoices are issued in advance unless otherwise agreed.
Fees are non-refundable except as required by law.
Taxes are excluded unless explicitly stated.
Non-payment may result in suspension or termination of access.
SearchKit may update pricing from time to time. Updated pricing will apply to new Subscriptions and to renewals of existing Subscriptions after reasonable notice. Price changes do not apply retroactively.
If SearchKit terminates a paid Subscription for convenience or discontinues the Service, any prepaid fees covering the unused portion of the then-current billing period will be refunded on a pro-rata basis.
9. Term and Termination
These Terms begin when the Customer creates an account and continue until terminated. Termination for convenience of a paid Subscription requires at least 30 days' prior notice.
SearchKit may terminate these Terms or suspend or terminate a Subscription for convenience, with reasonable notice.
The Customer may terminate by cancelling its Subscription.
Either party may terminate for material breach if not cured within a reasonable period.
Upon termination:
- Access to the Service ends.
- Customer Data is deleted in accordance with the Privacy Policy and DPA, subject to reasonable technical and operational delays.
- SearchKit has no obligation to retain Customer Data or make it available for export after termination, except to the extent required by applicable law (including mandatory data portability or switching obligations).
- For a period of 30 days following termination, Customer may request a one-time export of Customer Data in a commercially reasonable format, unless legally prohibited.
Survival. Sections relating to Intellectual Property, Fees and Payment (to the extent accrued), Disclaimer of Warranties, Limitation of Liability, Indemnification, Governing Law and Venue, and Data Protection shall survive termination or expiration of these Terms.
10. Availability and Changes
The Service is provided on an "as available" basis. We do not guarantee uninterrupted operation, availability of any specific feature, or continued availability of the Service as a whole. Scheduled or unscheduled maintenance, feature changes, or service discontinuation may occur.
11. Disclaimer of Warranties
The Service is provided "as is" and "as available."
To the maximum extent permitted by law, SearchKit disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement.
12. Limitation of Liability
Nothing in these Terms limits liability to the extent such limitation is prohibited by applicable law, including liability for willful misconduct or gross negligence.
To the maximum extent permitted by law:
- SearchKit is not liable for indirect, incidental, special, consequential, or loss-of-profit damages.
- SearchKit is not liable for loss, corruption, or deletion of Customer Data, including as a result of automated processes, integrations, third-party systems, or use of the Service.
- SearchKit's aggregate liability under these Terms is limited to the fees paid by the Customer for the Service during the 12 months preceding the claim.
SearchKit is not responsible for Customer Data processed through third-party services, integrations, or external systems connected by the Customer, including any actions taken by automated tools, agents, or APIs.
13. Indemnification
The Customer agrees to indemnify and hold harmless SearchKit from claims arising out of:
- Customer Data,
- Use of the Service in violation of these Terms,
- Violation of applicable laws or third-party rights.
SearchKit will indemnify the Customer against third-party claims alleging that the unmodified Service, as provided by SearchKit and used in accordance with these Terms, infringes third-party intellectual property rights, excluding claims arising from Customer Data, configurations, integrations, or use in violation of these Terms.
The indemnifying party shall control the defense and settlement of the claim, provided that no settlement admitting liability or imposing obligations on the indemnified party may be entered into without the indemnified party's prior written consent, which shall not be unreasonably withheld.
14. Governing Law and Venue
These Terms are governed by the laws of Finland, excluding conflict-of-law rules.
Any disputes shall be resolved in the competent courts of Finland.
15. Changes to These Terms
We may update these Terms from time to time. Material changes will be communicated reasonably. Continued use of the Service after changes constitutes acceptance.
16. Contact
Aito Software Oy
Finland
Email: privacy@searchkit.com