These terms and conditions of use (“Terms of Use”) constitute a legally binding agreement made between SOMELI MARKETING & TECHNOLOGY LTD, a company incorporated and registered in the Dubai International Financial Centre, United Arab Emirates with company number 4971 (“Someli”, “we”, “us” or “our”) and you (whether personally or on behalf of an entity) (“you” or “your”), and govern your use of the website located at https://www.someli.ai and any of its content as well as any other related, linked, or otherwise connected to media form, channel, mobile website or mobile application (collectively, the “Site”) and any related services provided by SOMELI MARKETING & TECHNOLOGY LTD.
By accessing https://www.someli.ai, you agree to abide by these Terms of Use and to comply with all applicable laws and regulations. You agree that by accessing the Site, you have read, understood, and agree to be bound by these Terms of Use.
IF YOU DO NOT AGREE WITH ANY OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING OR ACCESSING THE SITE OR FROM USING ANY OTHER RELATED SERVICES PROVIDED BY SOMELI MARKETING & TECHNOLOGY LTD, AND YOU MUST DISCONTINUE USE IMMEDIATELY.
We, SOMELI MARKETING & TECHNOLOGY LTD, reserve the right to review and amend any of these Terms of Use at our sole discretion. Upon doing so, we will update this page. We will alert you about changes by updating the “Last updated date” of these Terms of Use, and you waive any right to receive a specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed and updated. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after such revised Terms of Use are posted. Any changes to these Terms of Use will take effect immediately from the date of publication.
These Terms of Use were last updated on 03 July 2024. We may amend this agreement at any time by publishing amended terms on our website.
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, if you choose to access the Site from such locations, you acknowledge you do so at your own initiative and are solely responsible for compliance with local laws where they apply.
MINIMUM AGE:
This Site and services are available only to users who can form legally binding contracts under applicable law. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Site. If you are a minor, you must have your parent or guardian read and agree to these Terms of Use prior to you using the Site.
LIMITATIONS OF USE
By using this website, you warrant on behalf of yourself, your users, and other parties you represent that you will not: modify, copy, prepare derivative works of, decompile, or reverse engineer any materials and/or software contained on this website, remove any copyright or other proprietary notations from any materials and software on this website, transfer the materials to another person or “mirror” the materials on any other server, knowingly or negligently use this website or any of its associated services in a way that abuses or disrupts our networks or any other service SOMELI MARKETING & TECHNOLOGY LTD provides, use this website or its associated services to transmit or publish any harassing, indecent, obscene, fraudulent, or unlawful material, use this website or its associated services in violation of any applicable laws or regulations, use this website in conjunction with sending unauthorized advertising or spam; harvest, collect, or gather user data without the user’s consent, or use this website or its associated services in such a way that may infringe the privacy, intellectual property rights, or other rights of third parties.
TRADEMARKS
Someli and any other product or service name or slogan contained in the Site are trademarks of SOMELI MARKETING & TECHNOLOGY LTD, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Someli. You may not use metatags or any other “hidden text” utilizing “Someli” or any other name, trademark or product or service name of SOMELI MARKETING & TECHNOLOGY LTD without our prior written permission. In addition, the look and feel of the Site, including all page headers, button icons and scripts, is the service mark, or trade dress of Someli and may not be copied, imitated or used, in whole or in part, without our prior written permission. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
INTELLECTUAL PROPERTY
The intellectual property in the materials contained in this website are owned by or licensed to SOMELI MARKETING & TECHNOLOGY LTD and are protected by applicable copyright and trademark law.
Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by international copyright and trademark laws and various other intellectual property rights and competition laws and conventions.
We grant our users permission to download one copy of the materials for personal, non-commercial transitory use. Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks. This constitutes the grant of a license, not a transfer of title.
The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
This license shall automatically terminate if you violate any of these restrictions or the Terms of Use and may be terminated by SOMELI MARKETING & TECHNOLOGY LTD at any time.
USER ACCESS AND REPRESENTATION
Access to Someli
Subject to your compliance with these Terms, Someli grants you a non-exclusive, limited, non-transferable, freely revocable license to access and use Someli for business or personal use. Someli reserves all rights not expressly granted under these Terms.
Each person must have a unique Someli account. You are responsible for any activity conducted on your account. You may not allow any other party to access or use Someli with your unique username, password, or other security code. By using the Site, you represent and warrant that:
(i) all information that you provide during the registration process shall be true, accurate, current, and complete;
(ii) You are obliged to maintain the accuracy of such information and promptly update such registration information as necessary;
(iii) You have the legal capacity and you agree to comply with these Terms of Use;
(iv) You are not under the age of 18; if You are a minor in the view of governing laws, it is deemed that you have received parental/guardians permission to use the Site;
(v) You shall not access the Site through automated or non-human means, whether through a bot, script or otherwise;
(vi) You will not use the Site for any illegal or unauthorized purpose; and
(vii) your use of the Site shall not violate any applicable law or regulation. If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
As part of subscribing to and accessing the Site, you will need to register by creating a unique id/username and/or email addresss. If you sign up for Someli using an email address associated with your employer or another organization, you represent that you have the authority to bind the Entity to these Terms. Your use of Someli will bind your employer or the organization to these Terms, and “you” and “your” in these Terms will refer to both you and the Entity. You agree to provide registration information, all of which must be accurate, truthful, and updated. You shall not: (i) use a username in which another person has rights without such person’s authorization; or (ii) use a username that Someli Marketing & Technology Ltd, in its sole discretion, deems offensive or inappropriate. Your account is secured by a password you provide. You shall be solely responsible for maintaining the confidentiality of your password and consequently you are fully responsible and liable for all usage and activity on your account. You shall immediately notify Someli Marketing & Technology Ltd of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password. You are responsible for keeping your contact information updated as Someli Marketing & Technology Ltd will use the same for all communication as pertains to the Service and Someli Marketing & Technology Ltd cannot be held liable for a failure to communicate if your contact information is incorrect or outdated.
RESTRICTIONS ON USE OF SOMELI
Prohibited Activities. You shall not yourself or through any third party: Rent, lease, sell, distribute, offer in a service bureau, sublicense, or otherwise make available Someli or the Licensed Content to any third party (except as permitted under these Terms). Copy, replicate, decompile, reverse-engineer, attempt to derive the source code of, modify, or create derivative works of Someli, or any part thereof. Access Someli for purposes of performance benchmarking. Access Someli for purposes of building or marketing a competitive product. Use Someli to store or transmit a virus or malicious code. Use a virtual private network (VPN) to circumvent geographic-based pricing or content access. Use Someli to transmit unsolicited emails or engage in spamming. Use any form of data mining, extraction, or scraping on Someli and/or the contents available therein for machine learning or other purposes. Bypass the measures we may use to prevent or restrict access to Someli, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of Someli or the Licensed Content.
FEES AND PAYMENT
We accept the following forms of payment: – Visa – Mastercard – Link – Bank Transfers. You may be required to purchase or pay a fee to access some of our services. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. We bill you through an online billing account for purchases made via the Site. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in U.S. dollars, GBP STERLING, EURO (EUR) or other currency as stated. You agree to pay all charges or fees at the prices then in effect for your purchases, and you authorize us to charge your chosen payment provider for any such amounts upon making your purchase. If your purchase is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until you notify us of your cancellation. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We also reserve the right to refuse any order placed through the Site.
If you want to Upgrade to a different Subscription Plan: Your upgrade will occur immediately at a prorated rate upon payment of the price difference between the two Subscription Plans for the remainder of your Subscription Period. Your upgraded Subscription Plan will run until the end of the initial Subscription Period and will auto-renew as the upgraded Subscription Plan. Downgrade your Subscription Plan: Your downgrade will take place following the end of your current Subscription Period.
CANCELLATION – You may cancel your Someli subscription at any time by logging into your account. To cancel your subscription visit the settings/billing section.
Upon cancellation, your subscription will be terminated at the end of your current billing cycle. No refunds will be provided for any unused days within that cycle. When you cancel your subscription, you can continue to use the platform/service until the end of your current billing cycle.
FREE TRIAL OR $1 TRIAL (or another currency)– Where we offer a free trial or $1 trial or other currency to new users who register with the Site. You will be automatically charged after the said trial period ends unless you manually cancel your subscription before your trial period ends.
LINKED WEBSITES, SOCIAL ACCOUNTS, & THIRD PARTIES
Someli may provide tools through the Service that enable you to import and export information, including User Content, to third-party services, including through features that allow you to link your account on the Service with an account on the third-party service, such as Linkedin, Twitter, TikTok, or META (Facebook, Instagram & Whatsapp), or through our implementation of third-party buttons (such as “like” or “share” buttons). By using one of these tools, you hereby authorize Someli to transfer that information to and from the applicable third-party service. Third-party services are not under Someli’s control, and Someli, to the fullest extent permitted by law, is not responsible for any third-party service’s use of your exported information. The Service may also contain links to third-party websites. Linked websites are not under Someli’s control, and Someli is not responsible for their content. Please be sure to review the terms of use and privacy policy of any third-party services before you share any User Content or information with such third-party services. Once sharing occurs, Someli will have no control over the information that is being shared.
SOMELI MARKETING & TECHNOLOGY LTD has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement, approval, or control by SOMELI MARKETING & TECHNOLOGY LTD of the site. Use of any such linked site is at your own risk and we strongly advise you make your own investigations with respect to the suitability of those sites.
Our website and the materials on our website are provided on an ‘as is’ basis. To the extent permitted by law, SOMELI MARKETING & TECHNOLOGY LTD makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property, or other violation of rights. SOMELI MARKETING & TECHNOLOGY LTD (www.someli.ai) does not warrant that the functions contained in the materials, resources or services offered will be uninterrupted or error-free, that mistakes and defects will be corrected, or that the website is free of viruses or other harmful elements.
You agree that SOMELI MARKETING & TECHNOCLOGY Ltd., have no liability whatsoever for any loss, damage, or inconvenience caused by any such linked sites.
LIMIT OF LIABILITY
In no event shall any party’s aggregate cumulative liability hereunder (whether in contract, tort, negligence, strict liability in tort or by statute or otherwise) exceed the greater of the subscription fees paid by you to Someli during the twelve-month period preceding the event or occurrence giving rise to such liability. The foregoing limitations shall not apply to liabilities arising out of your indemnification obligations or your breach of the section entitled ‘ Limitations of Use. In no event shall SOMELI MARKETING & TECHNOLOGY LTD or its suppliers be liable for any consequential loss suffered or incurred by you or any third party arising from the use or inability to use this website or the materials on this website, even if SOMELI MARKETING & TECHNOLOGY LTD or an authorized representative has been notified, orally or in writing, of the possibility of such damage.
In no event shall either party be liable for any consequential, incidental, indirect, special, exemplary or punitive damages, losses, or expenses (including but not limited to business interruption, lost business or lost profits) even if it has been advised of their possible existence and notwithstanding the failure of essential purpose of any remedy. The foregoing limitations shall not apply to liabilities arising out of your indemnification obligations or your breach of the service.
These terms do not affect consumer rights that cannot by law be waived or limited. These terms do not exclude or limit liability arising out of either party’s gross negligence, fraud or willful misconduct.
ACCURACY OF MATERIALS & LICENSED CONTENT
The Company has adopted and implemented policies and procedures with respect to the review, approval and publication of content contained in the service and its materials that are generally available with respect to the products, its sources, and compliance with certain Laws. All due diligence and materials that Someli has provided and will provide through the service to you or other Party were and will be to the knowledge of Someli, accurate, truthful, and complete at the time such materials are provided to you, and such that Someli has not and will not intentionally omit any material facts.
HOWEVER YOU SHOULD ONLY APPROVE PUBLICATION AND POSTING UPON FULL AND THOROUGH REVIEW, AND RESEARCH OF THOSE MATERIALS, AND UPON ACCEPTANCE OF SUCH.
The materials appearing on our website are not comprehensive and are for general information purposes only. SOMELI MARKETING & TECHNOLOGY LTD does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on this website, or otherwise relating to such materials or on any resources linked to this website.
You understand that, when using the Service, you will be exposed to Content from a variety of sources and acknowledge that Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against Someli with respect to User Content. For clarity, Someli does not permit infringing activities on the Service. We respect the intellectual property rights of others. If you believe that any image or other material made available by Someli infringes upon any copyright that you own or control, you may notify Someli immediately at the contact information provided below. Please be advised that pursuant to applicable laws you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Services infringes your copyright, you should consider first contacting an attorney.
USER CONTENT
Posting Content. Our Services may allow you to store or share content such as text (in posts or communications with others), files, documents, graphics, images, music, software, audio and video. Anything (other than Feedback) that you post or otherwise make available through the Services is referred to as “User Content.” You represent and warrant that you own all rights, title, and interest in and to your User Content or that you have otherwise secured all necessary rights in your User Content as may be necessary to permit the access, use and distribution thereof as contemplated by these Terms of Use. As between you and Someli, you own all rights, title and interest in and to your User Content. You grant Someli, a royalty-free license to display, host, copy and use your User Content solely to the extent necessary to provide the Service to you. We never obtain any ownership over your content, But when you upload content to Someli, you are guaranteeing that you have the rights to it and you provide us certain rights to those to store and have ready for you to use in your editing and designs.
If notified by a user or content owner that User Content allegedly does not conform to these Terms of Use, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice.
Someli does not have any obligation to control or monitor User Content; and content made, or the use of the Service by its users. If at any time Someli chooses to monitor the content, then Someli still assumes no responsibility or liability for content or any loss or damage incurred as a result of that content. During monitoring, information may be examined, recorded, copied, and used in accordance with our Privacy Policy. Someli may filter, remove, block, or disable access to any User Content uploaded to or transmitted through the Service without any liability to the user who posts such User Content to the Service or to any other users of the Service.
AI USAGE
Your Responsibility: You are solely responsible for all content you input into our AI products, including text, images, and other materials. You agree not to input any sensitive personal data, such as: Racial or ethnic origin, Political opinions, Religious or philosophical beliefs, Trade union membership, Health data, Data concerning your sex life or sexual orientation.
RIGHT TO TERMINATE
These Terms of Use shall remain in full force and effect while you use the Services. Without limiting any other provision of these terms of use, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the services (including blocking certain IP addresses), to any person if we reasonably consider that such person is in breach of these Terms of Use, our acceptable use policy, or of any applicable law or regulation, including without limitation breaches of any representation, warranty, or covenant contained in these Terms of Use.
we may terminate your use or participation in the services or delete your account and any content or information that you posted at any time, without warning, in our sole discretion if we consider that you have breached, or are likely to breach, any of the above.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
INDEPENDENT RELATIONSHIP
Nothing herein contained shall be so construed as to constitute the parties as principal and agent, employer and employee, partners or joint venturers, nor shall any similar relationship be deemed to exist between the parties. Neither party shall have any power to obligate or bind the other party, except as specifically provided herein.
CORRECTIONS
There may be information on the site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the site at any time, without prior notice.
DISCLAIMERS AND WARRANTIES
The Site is provided on an AS-IS AND AS-AVAILABLE BASIS. You agree that your use of the Site and our services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the Site and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of the Site’s content or the content of any websites linked to the Site and we will assume no liability or responsibility for any
(1) errors, mistakes, or inaccuracies of content and materials,
(2) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Site,
(3) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein,
(4) any interruption or cessation of transmission to or from the Site,
(5) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Site by any third party, and/or
(6) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Site. We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the site, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate. Someli cannot guarantee and does not promise any specific results from use of the Site and/or the service.
SEVERANCE
Any term of these Terms of Use which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity of the remainder of these Terms of Use is not affected.
GOVERNING LAW
You agree that these Terms of Use, including all disputes, controversy, or claim related to these Terms of Use (each a “Dispute” and collectively, “the Disputes”) will be governed by the laws of the Dubai International Financial Center (“DIFC”), Dubai, United Arab Emirates, and you irrevocably consent that the courts of DIFC shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these terms. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. In the event of any dispute brought by you or us (individually, a “Party” and collectively, the “Parties”), the parties shall attempt, promptly and in good faith, to resolve any such dispute amicably within a reasonable time (not to exceed one hundred and eighty (180) days), then either party may submit such dispute to the courts of DIFC.
CONTACT
If you have concerns relating to this website or our Terms of Use, please contact us at support@someli.ai
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