The parties have agreed as follows:

Subject of the Agreement

1. Alpha Strike Labs undertakes to provide the Client with Search Engine Services (hereinafter also referred to as “SES”) as described in this agreement and the Client undertakes to pay Alpha Strike Labs corresponding fees.
2. Alpha Strike Labs Search Engine is a computer program that finds information on the Internet specialized in Open-Source Intelligence (OSINT).
3. This Agreement is validly concluded and binding for both parties if
   1. a written contract between Alpha Strike Labs and the Client is concluded, and/or
   2. the Client accepts the terms and conditions of this Agreement in the electronic form when signing up, and/or
   3. when using the service with a provided account. Alpha Strike Labs is not obliged to provide the Client with SES before corresponding fee is paid by the Client.
4. The Privacy Policy of Alpha Strike Labs applies.

Trial accounts

5. Alpha Strike Labs provides on request limited trial access to SES. Alpha Strike Labs has no obligation to provide any service to trial accounts and may terminate the access or limit access to SES at any time.
6. Alpha Strike Labs does not provide trial accounts any warranty, uptime availability or accuracy of SES.
7. Trial accounts may receive preview to data or features of paid users. Trial accounts may not exploit the system in any way to try to circumvent any protections.
8. Any attempts to receive full data or features of paid users without a license shall be considered unauthorized access.
9. Trial accounts may not make bulk requests or implement the API of SES into any services without prior written consent of Alpha Strike Labs. Any violation shall be considered unauthorized access.
10. Alpha Strike Labs has the right to claim contractual penalty in the amount of yearly fee for each unauthorized access by the client.
11. Commercial use beyond trial purposes with a trial account is prohibited and is considered unauthorized access.

Paid users

12. Alpha Strike Labs provides registered users with two types of access.
    1. Project based Access to the service
    2. Credit based Access to the service
13. SES shall be provided on the secured web page https://platform.alphastrike.io/ using a unique username and password chosen by the Client. The Client is required to effectively secure his username and password, to change the password at Alpha Strike Labs's request and to prevent any abuse of the username or SES by his employees or by any third person.

Fees

14. Project based Access to the service needs a separate contract.
15. For “Credit based Access to the service” Alpha Strike Labs offers Credit packages. Please contact office@alphastrike.io for current offers.
16. The Client is responsible for disclosing its VAT status by providing a valid name, address, and VAT ID if applicable.
17. We do not close contracts with private persons.
18. For EU companies (not from Germany) we list the prices exclude VAT and the VAT reverse-charge mechanism applies
19. Alpha Strike Labs will determine the country of taxation based on the provided address, the customer GeoIP information, the disclosed VAT and public information.
20. Any withholding tax to be withheld in the country of the Client must be paid by the Client and may not be deducted from the fee.
21. Fees shall be payable immediately after ordering using a provided online payment processor.
22. The Client confirms his consent to the electronic distribution of invoice and tax documents at the e-mail address provided by the Client.
23. Unless expressly agreed upon in this agreement all fees are non-refundable.

SES Warranties and Limitations

24. No warranty is provided with respect to trial version of SES; the client of the trial version of SES has no right to claim access to SES or any of its features. Alpha Strike Labs provides access to SES in trial version at its own discretion and cannot be hold responsible, in any way, for no or limited access to trial version of SES.
25. Alpha Strike Labs shall make its best effort to provide the performance of the SES.
26. Alpha Strike Labs shall be authorized to restrict or shut down SES for maintenance and repair for the time necessary for improvement of the SES performance and as a result of force majeure (i.e., unavoidable and/or unforeseeable impediments to the fulfilment of Alpha Strike Labs's commitment of any kind, especially natural disasters, crashes, breakdowns or disruptions and failures). Alpha Strike Labs shall not be responsible for any limitation or interruption of SES performance caused by interruption of provision of a third party services essential for SES performance. Maintenance and repair of the SES for improvement shall be notified by Alpha Strike Labs to the Client in advance. Maintenance and repair of the SES or limitation or interruption of SES performance caused by interruption of provision of a third party services shall not be calculated in the guaranteed monthly accessibility of SES.
27. Alpha Strike Labs shall not be held responsible for any defects in the provision of SES resulting from non-compliance with the terms of use, in particular the minimum hardware and software configuration for use of the SES by the Client, or due to improper use.
28. Alpha Strike Labs shall not be held responsible, in any way, for the accuracy, timeliness, completeness or correctness of any information received from the use of SES. Alpha Strike Labs shall not be held responsible, in any way, for the appropriateness or manner of the use of the SES or information received from the use of SES by the Client and for results of any actions or decisions taken based on the information received from the use of SES.
29. OTHER THAN AS EXPRESSLY SET OUT IN THIS AGREEMENT Alpha Strike Labs DOESN’T MAKE ANY COMMITMENTS ABOUT THE INFORMATION AND CONTENT RECEIVED FROM THE USE OF THE SES, SPECIFIC FUNCTIONS OF THE SES OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET THE NEEDS OF THE CLIENT. Alpha Strike Labs PROVIDES THE SES “AS IS”. WHEN PERMITTED BY LAW Alpha Strike Labs WILL NOT BE RESPONSIBLE FOR ANY DAMAGES, LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES. TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF Alpha Strike Labs FOR ANY CLAIMS UNDER THIS AGREEMENT, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT THE CLIENT PAID TO Alpha Strike Labs FOR THE USE THE SES. IN ALL CASES Alpha Strike Labs WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
30. Alpha Strike Labs shall provide paid users with support of the performance of the SES. Alpha Strike Labs undertakes to provide online support within 7 days from reception of notice related to wrong or no-performance of the SES.
31. Nothing in this Agreement shall have the effect of transferring any intellectual property rights belonging to Alpha Strike Labs.

Further obligations of the Client

32. The Client shall be obliged to ensure the conditions for the operation of SES on its own costs, i.e., in particular to meet the minimum technical and connectivity requirements of the SES and the performance of the hardware with respect to the amount of data transferred.
33. The Client acknowledges that the non-utilization and the non-use of SES shall not give him any right to any compensation, refund, discount or reduction of the fees or the return of any service.
34. The Client is solely and fully responsible for legality of his use of the SES and the information received from the use of SES.
35. By using SES the Client receives no ownership or rights to use any intellectual property rights to SES or the information received from the use of SES. This agreement does not grant the Client the right to use any branding or logos used in SES.

Term of the Agreement

32. Alpha Strike Labs shall be entitled to terminate this Agreement without notice with effect from the date of delivery of the notice:
    1. in case of Client’s delay with payment of any due payment or any portion thereof;
    2. if the Client enters into liquidation, a receivership has been established, an insolvency proceeding, enforcement of decision or an execution have been commenced;
    3. if the Client seriously violates this Agreement or if the User violates the Agreement repeatedly despite a written notice send by Alpha Strike Labs providing an additional reasonable time for remedy;
    4. if further provision of the SES by Alpha Strike Labs cannot reasonably be claimed for technical, operational or economic reasons;
    5. if the Client performs any hacking, spamming, phishing or unauthorized access of SES, Alpha Strike Labs or other websites or services of Alpha Strike Labs;
    6. if the Client uses the service for unlawful purposes;
    7. if the Client use of SES exceeds fair-use;
    8. if the Client is subject to an embargo or sanction.
33. The Client shall be entitled to terminate this Agreement without notice period in the event of a serious violation of this Agreement by Alpha Strike Labs if Alpha Strike Labs does not remedy the violation even within a reasonable deadline no shorter than 14 days from reception of written notice about such a violation by Alpha Strike Labs.

Final Provisions

38. We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 7 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
39. This Agreement and all rights and obligations of the Parties arising from or related to this Agreement shall be governed by the German law. All disputes arising from this Agreement and in connection therewith shall be finally decided by the Arbitration Court attached to the Economic Chamber of the Federal Republic of Germany in accordance with its Rule and Regulations by one arbitrator chosen by the President of the Arbitration Court. The place of arbitration shall be Berlin and the language shall be English.

In Berlin, Germany, on 20.06.2023.