SimilarShare Terms of Service
Last updated: October 17, 2021
PLEASE READ THE FOLLOWING CAREFULLY BEFORE ACCEPTING THESE TERMS AND ACCESSING, USING AND/OR REGISTERING FOR THE SIMILARSHARE WEBSITE OR SERVICES.
By accessing and using the SimilarShare website, available at https://www.similarshare.com/ (the “Site”) or services, you accept these Terms of Service (the “Terms”), and you acknowledge that you (“you” or “your”) have read and understood and agree to comply with these Terms, and are entering into a binding legal agreement with Similarweb Ltd. and/or, where applicable, one of its group companies or affiliates (“Similarweb”, “us”, “we” or “our”). If you do not agree to comply with and be bound by these Terms, please do not accept these Terms or access or use the Site. To the extent allowed under applicable law, you hereby waive any applicable rights to require an original (non-electronic) signature or delivery or retention of non-electronic records. All capitalized terms used herein shall have the meanings given for such terms herein.
1. Description of the Service and Site.
Similarweb is the owner or licensee of the Site (as defined above), which is intended to provide you with information about SimilarShare and enable you to join Similarweb’s contributory panel, as further described in our website, available at: https://www.similarweb.com/corp/ourdata/. The Site includes any applications, extensions and features, if any, made available or provided to you by Similarweb in connection with the Site or related services (the “Applications”) and the trademarks and logos (“Marks”), content, text, documents, descriptions, products, graphics, photos, sounds, videos, interactive features (together with the Marks, “Content”), contained in or made available through the Site.
2. Ability to Accept Terms. If you access and use the Site, you represent and warrant that you are at least 18 years old. The Site is only intended for individuals aged 13 years or older. If you are under 13 years old please do not visit, access or use the Site. If you are between 13 and 18 years of age, then you must review these Terms with your parent or guardian before visiting, accessing or using the Site to make sure that you and your parent or guardian understand these Terms and agree to them. You may not access and use the Site if you are, and you represent and warrant that you are not, a competitor of Similarweb.
3. Site Access. We hereby grant you permission to visit and use the Site for your information and personal use only, subject to these Terms and your compliance with applicable law.
4. License to Applications. To the extent that you wish to download and install the Applications, if any, you acknowledge and agree that we grant you a non-exclusive, revocable license to install and use the Applications solely for your personal use. We may modify the Applications from time to time, and you hereby agree that we may automatically install such modifications without first asking for your approval. We are not obligated to support the Applications, and may at any time suspend or terminate your license and disable the Applications downloaded and/or installed by you. You may not make unauthorized modifications, reverse engineer, disassemble, decompile, or attempt to derive source code of the Applications.
5. Restrictions. Except as expressly permitted in these Terms, you may not, and shall not allow any third party to: (i) give, sell, rent, lease, timeshare, sublicense, disclose, publish, assign, market, sell, display, transmit, broadcast, transfer or distribute any portion of the Site or Applications to any third party; (ii) circumvent, disable or otherwise interfere with security-related features of the Site or Applications or features that prevent or restrict use or copying of any content or that enforce limitations on use of the Site or Applications; (iii) reverse engineer, decompile or disassemble, decrypt or, attempt to derive the source code of, the Site or Applications or any components thereof, or create any derivative works of the Site or Applications, or any part thereof; (iv) present or share the data or information received through the Site without Similarweb’s prior consent, and in the event consent was given, present or share such data or information without attribution to Similarweb pursuant to Similarweb’s branding guidelines; (v) use any robot, spider, scraper, or other automated means to access or monitor the Site or Applications for any purpose, or to copy, access, collect, download, or otherwise obtain data, content or other information from the Site or Applications; (vi) take any action that imposes or which Similarweb determines, in its sole discretion, may impose an unreasonable or disproportionately large load on the Similarweb infrastructure or infrastructure which supports the Site or Applications; (vii) interfere or attempt to interfere with the integrity or proper working of the Site or Applications, or any related activities; (viii) remove, deface, obscure, or alter Similarweb’s or any third party’s identification, attribution or copyright notices, trademarks, or other proprietary rights affixed to or provided as part of the Site or Applications, or use or display logos of the Site or Applications without Similarweb’s prior written approval; (ix) use Similarweb’s Marks without our prior written consent; (x) use the Site or Applications to develop, offer, operate, support or enable a competing service or product; and/or (xi) use the Site or Applications in any unlawful manner, for any harmful, irresponsible, or inappropriate purpose (including without limitation third-party defamation), or in breach of these Terms, any terms and conditions of any third-party product or service you use, or any agreement you have entered into with any third party.
6. User Submissions.
6.1. Responsibility. The Site may permit the publishing of certain data, information or content by you and other users (“User Submissions”). You understand that whether or not such User Submissions are published, we do not guarantee any confidentiality with respect to any User Submissions. You shall be solely responsible for your User Submissions and the consequences of posting, publishing or uploading them. We have complete discretion whether to publish your User Submissions and we reserve the right in our sole discretion and without further notice to you, to monitor, censor, edit, remove, delete, and/or remove any and all User Submissions posted on the Site at any time and for any reason.
6.2. Ownership. You represent and warrant that you own or have the necessary rights and permissions to use, and authorize Similarweb to use, all Intellectual Property Rights in and to your User Submissions, and to enable inclusion and use thereof as contemplated by the Site and these Terms. “Intellectual Property Rights” means any and all rights, title and interests, whether foreign or domestic, in and to any and all trade secrets, patents, copyrights, service marks, trademarks, know-how, or similar intellectual property rights, as well as any and all moral rights, rights of privacy, publicity and similar rights of any type under the laws or regulations of any governmental, regulatory, or judicial authority, foreign or domestic. You retain all of your ownership rights in and to your User Submissions.
6.3. License to User Submissions. By submitting the User Submissions to Similarweb, you hereby grant Similarweb a worldwide, irrevocable, non-exclusive, royalty-free, perpetual, sublicensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Site and Similarweb’s business, including without limitation for publishing and redistributing part or all of your User Submissions (and derivative works thereof) in any media formats and through any media channels, and you hereby waive any moral rights in your User Submissions, to the extent permitted by law. You also hereby grant each user of the Site or other viewer or user of the User Submission a non-exclusive right to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions, all in accordance with these Terms.
6.4. Exposure to User Submissions. You understand and acknowledge that when accessing and using the Site: (i) you may be exposed to User Submissions from a variety of sources, and that Similarweb is not responsible for the accuracy, usefulness, safety, or Intellectual Property Rights of, or relating to, such User Submissions; and (ii) you may be exposed to User Submissions that are inaccurate, offensive, or otherwise objectionable. You hereby waive any legal or equitable rights or remedies you may have against Similarweb with respect to User Submissions.
7. Intellectual Property Rights.
7.1. Site and Applications. The Site and the Applications, including all Content contained or displayed on the Site or Applications, are the property of Similarweb and may be protected by applicable copyright or other intellectual property laws and treaties. Title and full, exclusive ownership rights in the Site and Applications (and all parts of either, including the Content), and all reproductions, corrections, modifications, enhancements and improvements, and all related patent rights, copyrights, trade secrets, trademarks, service marks, related goodwill, including data related to your usage of the Site (excluding User Submissions), and Applications, and Similarweb’s intellectual property, and any rights therein not explicitly granted to you hereunder, are reserved to and shall remain solely and exclusively proprietary to Similarweb (or its third-party providers). “Similarweb”, the Similarweb logo, and other marks are Marks of Similarweb or its affiliates. All other trademarks and logos used on the Site or Applications are the trademarks or logos of their respective owners. We reserve all rights not expressly granted in and to the Applications, Site and the Content.
7.2. Feedback. It is anticipated that you, as a Site visitor, may provide suggestions, comments or other feedback to the Site (“Feedback”). Feedback shall be deemed the sole property of Similarweb. Without derogating from the above, Similarweb will be free to adopt such Feedback for any of its products or platforms, use it in any other manner, disclose, reproduce, license or otherwise distribute and exploit the Feedback provided to it as it sees fit, entirely without obligation or restriction of any kind on account of intellectual property rights or otherwise. You hereby waive any right to the Feedback, including but limited to, moral rights and any right for royalties or any other consideration. Without derogating from the above, you hereby grant us a worldwide, irrevocable, non-exclusive, royalty-free, perpetual, sublicensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform any information and/or content that you post, disclose, publish or otherwise make available in the course of Similarweb’s webinars, customer forums/blogs, community forums/blogs or any other similar event or venue, including without limitation for publishing and redistributing part or all of such information and/or content (and derivative works thereof) in any media formats and through any media channels, and you hereby waive any moral rights in such information and/or content, to the extent permitted by law.
8. Privacy Policy. You acknowledge and agree that we will use any personal information that we may collect or obtain in connection with your use of the Site in accordance with our Privacy Policy, available at: https://www.similarshare.com/privacy-policy.html (“Privacy Policy”).
9. Termination.
9.1. Similarweb may terminate your use of the Site and/or Applications at any time and without prior written notice in any case where it believes that you have breached these Terms. Upon termination of these Terms, you shall cease all use of the Similarweb Site and/or Applications.
9.2. Objection. If you object to any term or condition of these Terms, or any subsequent modifications thereto, or become dissatisfied with the Site or Applications in any way, your only recourse is to immediately discontinue use of the Site or Applications.
9.3. Effect of Termination of Use of the Site. Upon termination of your use of the Site, all licenses granted by Similarweb to you under these Terms with respect to the Site shall be terminated and you will lose all access to the Site or Applications. We shall not be liable to you or any third party for termination of your use of or access to the Site or Applications, or any portion thereof. This Section 9.3 and Sections 5 (Restrictions), 6 (User Submissions), 7 (Intellectual Property Rights), 8 (Privacy Policy), 11 (Warranty Disclaimer), 12 (Limitation of Liability), 13 (Indemnification), 14 (Disclosure), 18 (Governing Law and Jurisdiction), and 19 (General), as well as any other provision which is intended to survive termination of the Terms, shall survive termination of these Terms and your access to the Site.
10. Suspension. If we believe, in our sole discretion, that you are using the Site in a manner that may cause harm to us or any third party, or which is in breach of these Terms, then we may suspend or terminate your access to and use of the Site or parts thereof.
11. Warranty Disclaimer.
11.1. The Site and Applications are provided on an “as is” and “as available” basis, and without warranties of any kind either express or implied. You assume all responsibility for accessing and using the Site. SIMILARWEB HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
11.2. SIMILARWEB DOES NOT WARRANT THAT THE SITE AND APPLICATIONS OR ACCESS TO AND USE OF THE SITE AND APPLICATIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE IS FREE FROM VIRUSES OR OTHER HARMFUL CODE.
11.3. SIMILARWEB OFFERS NO WARRANTY REGARDING THE RELIABILITY OF THE PERFORMANCE OF THE SITE OR APPLICATIONS, INCLUDING WITHOUT LIMITATION ANY WARRANTY THAT THE SITE OR APPLICATIONS, INCLUDING ANY ANTI-VIRUS OR ANTI-SPAM FEATURES, WILL DETECT, BLOCK OR PREVENT VIRUSES, SPAM OR OTHER HARMFUL OR UNWANTED CODE OR INTRUSIONS.
11.4. YOU AGREE THAT WE WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES THAT MAY RESULT FROM TECHNICAL PROBLEMS INCLUDING, WITHOUT LIMITATION, IN CONNECTION WITH THE INTERNET (SUCH AS SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS) OR ANY TELECOMMUNICATIONS OR INTERNET PROVIDERS.
11.5. Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not apply.
12. Limitation of Liability.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS AND TO THE FULLEST EXTENT PERMISSIBLE BY LAW:
12.1. IN NO EVENT WILL SIMILARWEB, ITS AFFILIATES AND THIRD-PARTY PROVIDERS, BE LIABLE UNDER, OR OTHERWISE IN CONNECTION WITH, THESE TERMS FOR: (A) ANY DIRECT, INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES; (B) ANY LOSS OF PROFITS, BUSINESS, OR ANTICIPATED SAVINGS; (C) ANY LOSS OF, OR DAMAGE TO DATA, REPUTATION, REVENUE OR GOODWILL; AND/OR (D) THE COST OF PROCURING ANY SUBSTITUTE GOODS OR PLATFORMS.
12.2. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF SIMILARWEB, ITS AFFILIATES OR ITS THIRD-PARTY PROVIDERS, UNDER, OR OTHERWISE IN CONNECTION WITH, THESE TERMS (INCLUDING THE SITE), EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID BY YOU (IF ANY) IN THE SIX (6) MONTHS IMMEDIATELY PRIOR TO THE EVENT GIVING RISE TO SUCH LIABILITY.
12.3. THE FOREGOING EXCLUSIONS AND LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION SHALL APPLY (A) EVEN IF SIMILARWEB, ITS AFFILIATES OR THIRD-PARTY PROVIDERS, HAVE BEEN ADVISED, OR SHOULD HAVE BEEN AWARE, OF THE POSSIBILITY OF LOSSES OR DAMAGES; (B) EVEN IF ANY REMEDY IN THESE TERMS FAILS OF ITS ESSENTIAL PURPOSE; AND (C) REGARDLESS OF THE THEORY OR BASIS OF LIABILITY (SUCH AS, BUT NOT LIMITED TO, BREACH OF CONTRACT OR TORT).
12.4. NO ACTION, REGARDLESS OF FORM, MAY BE BROUGHT BY YOU AFTER THE EARLIER OF (A) 12 MONTHS AFTER THE DATE ON WHICH YOU BECOME AWARE THAT A CAUSE OF ACTION HAS ARISEN, OR (B) THE PERIOD SET FORTH UNDER THE APPLICABLE STATUTE OF LIMITATIONS.
13. Indemnification. You shall defend, indemnify, and hold Similarweb harmless from and against any and all damages assessed against Similarweb (including reasonable attorneys’ fees) arising from a third party claim based on any breach by you of these Terms; provided: (a) Similarweb notifies you promptly in writing of any such claim and gives you authority, information, and assistance in the defense of such claim; and (b) Similarweb does not make any admissions in response to any such claim without your consent.
14. Disclosure. Subject to our Privacy Policy, we reserve the right to access, read, preserve, and disclose any information that we obtain in connection with the Site as we reasonably believe necessary to: (i) satisfy any applicable law, regulation, legal process, subpoena or governmental request, (ii) enforce these Terms, including to investigate potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) maintain, support, enhance and improve the Services, (v) respond to your support requests, and/or (vi) protect the rights, property or safety of Similarweb, its users and/or the public.
15. Third-Party Software. Portions of the software upon which the Site is based may include third party open source software that is subject to third party terms and conditions (“Third Party Terms”). If there is a conflict between any Third Party Terms and these Terms, then the Third Party Terms shall prevail but solely in connection with the related third party open-source software. Notwithstanding anything to the contrary, Similarweb makes no warranty or indemnity hereunder with respect to any third party open-source software.
16. Assignment. These Terms, and any rights granted hereunder, may not be transferred or assigned by you but may be assigned by Similarweb without restriction.
17. Modifications. We reserve the right, at our discretion, to change these Terms at any time. Such change will be effective ten (10) days following our sending a notice thereof to you or posting the revised Terms on the Site, and your continued use of the Site thereafter means that you accept those changes.
18. Governing Law and Disputes.
18.1. These Terms and any disputes between you and Similarweb shall be governed by the laws of the State of Israel, without reference to its conflict of laws rules.
18.2. The exclusive jurisdiction and venue for all disputes between you and Similarweb shall be the courts located in Tel Aviv-Yaffo, and each party hereby irrevocably consents to the jurisdiction of such courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act are excluded from these Terms. Notwithstanding the foregoing, Similarweb reserves the right to seek injunctive relief in any court in any jurisdiction.
19. General. We reserve the right to discontinue or modify any aspect of the Site at any time. Section headings in these Terms are provided for convenience only and have no substantive effect on construction. Neither party shall be liable for any failure to perform due to causes beyond its reasonable control. Nothing herein shall be construed to create any employment relationship, partnership, joint venture or agency relationship or to authorize any party to enter into any commitment or agreement binding on the other party. If any provision of these Terms is held to be unenforceable, these Terms shall be construed without such provision. The failure by a party to exercise any right hereunder shall not operate as a waiver of such party’s right to exercise such right or any other right in the future. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. These Terms, and the Privacy Policy, represent the complete agreement concerning the Site between you and Similarweb and supersede all prior agreements and representations related to the subject matter hereof.
20. If you have any questions or comments regarding our Terms of Service, please feel free to contact us by e-mail at legal@similarweb.com