PLEASE READ THE FOLLOWING CAREFULLY BEFORE ACCEPTING THESE TERMS AND ACCESSING, USING AND/OR REGISTERING FOR OUR WEBSITE, APPLICATION OR SERVICES.
These Terms and Conditions (“Terms”) form a legally binding agreement between Similarweb Ltd. or where applicable, its affiliated companies (“Similarweb,” “us,” “we” or “our”) and you: (i) a user of Similarweb’s BrandBee application (“User” and “Application” or "BrandBee," respectively) and the services provided therein (“Services”); and/or (ii) a visitor of our BrandBee website (“Visitor” and “Website,” respectively). Users and Visitors shall be collectively referred to herein as “you” or “your”.
By downloading the Application or by accessing the Application, our Services and/or our Website, you are expressly agreeing to be bound by these Terms. You hereby acknowledge that you have read, understood and agree to comply with these Terms and agree to comply with all applicable laws and regulations with respect to your use of the Services, the Application and/or the Website. Please do not accept these Terms or access or use the Application or our Website if you do not agree to comply with and be bound by these Terms. You hereby represent and warrant that: (i) you are legally permitted to enter into and be bound by these Terms; and (ii) you are over the age of 18 or are not considered a “child,” “minor” or other similar status under the applicable laws in your jurisdiction. To the extent permitted under applicable law, you hereby waive any rights to require or receive an original (non-electronic) signature or delivery of non-electronic records of these Terms.
Subject to these Terms, we hereby grant you a non-exclusive, non-transferable, revocable license to install and use the Application and our Services, solely for your personal use. The foregoing license grant is not a sale of the Application or any copy thereof, and we retain all right, title, and interest in and to the Application (and any copies of the Application) and any Content included therein.
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 Website or the Application to any third party; (ii) circumvent, disable or otherwise interfere with security-related features of the Website, Application or features, including features that are intended to prevent or restrict use or copying of any content or that are intended to impose or enforce limitations on the use of the Website or the Application; (iii) reverse engineer, decompile or disassemble, decrypt or, attempt to derive the source code of the Website or the Application or any components thereof, or create any derivative works of the Website or the Application, or any part thereof; (iv) use any robot, spider, crawler, scraper, or other automated means to access or monitor the Website or Application for any purpose, or to copy, access, collect, download, or otherwise obtain data, content (including the Content) or other information from the Website or the Application; (v) take any action that imposes or which we determine, in our sole discretion, may impose an unreasonable or disproportionately large load on the infrastructure which supports the Website or the Application; (vi) interfere or attempt to interfere with the integrity or proper operation of the Website or the Application; (vii) remove, deface, obscure, or alter our identification, attribution or copyright notices, Marks, or other proprietary rights affixed to or provided as part of the Website or Application, or use or display logos of the Website or Application without our prior written approval; (viii) use any of our Marks without our prior written consent; (ix) use the Website or the Application 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; (x) submit any information which is incomplete, false, inaccurate, unlawful, harassing, libelous, obscene, or not your own; or (xi) impersonate another individual.
You acknowledge that we may from time to time issue upgraded versions of the Application and may automatically upgrade the version of the Application that you are using on your mobile device. You hereby consent to such automatic upgrade and agree that these Terms will apply to such upgrades.
The Website and the Application, as well as any Content contained or displayed on the Website or in the Application, are the property of Similarweb and may be protected by applicable copyright or other intellectual property laws and treaties. We own the intellectual property rights and has the title and full, exclusive ownership rights in the Website and the Application (including the Content and all other aspects thereof), 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 Website and the Applications 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, if applicable). For the avoidance of doubt, the name “Similarweb”, "BrandBee," our respective logos, and all related marks are considered Marks of Similarweb. All other trademarks and logos used on the Website or the Application are the trademarks, marks, or logos of their respective owners. We reserve all rights not expressly granted in and to the Website, the Application, and the Content. You may not download or save a copy of any of the Content or screens included in the Application for any purpose except as otherwise permitted by us. Please be advised that if you use the Application in any way other than as expressly permitted herein, you may be in violation of copyright and other laws of the United States, the UK or other countries, and may be held liable for such unauthorized use. Additionally, if you provide us with suggestions, comments or other feedback with respect to the Website or the Application (“Feedback”), any Feedback shall be considered our sole property and we will be free to adopt such Feedback for any of our products, including the Application, use it in any other manner, disclose, reproduce, license or otherwise distribute and exploit the Feedback provided to us as we see ﬁt, without any obligation or restriction of any kind on account of intellectual property rights or otherwise. You hereby waive any right to the Feedback, including but not 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 implement any information and/or content that you post, disclose, publish or otherwise make available in the course of your use of the Application, the Services or the Website (including any customer forums or blogs), 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.
EXCEPT AS OTHERWISE PROVIDED HEREIN, THE APPLICATION AND THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY AND ALL CONTENT, FUNCTIONS, MATERIALS AND SERVICES, ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE APP OR THE FUNCTION, CONTENT OR SERVICES MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE APPLICATION WILL MEET ANY USERS' EXPECTATIONS OR REQUIREMENTS. WE DO NOT WARRANT THAT THE WEBSITE, THE APPLICATION OR ACCESS TO AND USE OF THE WEBSITE OR THE APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE APPLICATION WILL BE FREE FROM VIRUSES OR OTHER HARMFUL CODE. WE OFFER NO WARRANTY REGARDING THE RELIABILITY OF THE PERFORMANCE OF THE WEBSITE OR THE APPLICATION, INCLUDING WITHOUT LIMITATION ANY WARRANTY THAT THE WEBSITE OR APPLICATION, INCLUDING ANY ANTI-VIRUS OR ANTI-SPAM FEATURES, WILL DETECT, BLOCK OR PREVENT VIRUSES, SPAM OR OTHER HARMFUL OR UNWANTED CODE OR INTRUSIONS. 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. IF YOU ARE DISSATISFIED WITH THE APPLICATION, YOUR SOLE REMEDY IS TO DISCONTINUE USING IT.
In the event that applicable law does not allow the exclusion of certain warranties such specific exclusions may not apply.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS AND TO THE FULLEST EXTENT PERMISSIBLE BY LAW:IN NO EVENT SHALL SIMILARWEB, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR THIRD-PARTY SERVICE PROVIDERS BE LIABLE FOR: (I) ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES; (II) LOSS OF REVENUE, BUSINESS OR ANTICIPATED PROFITS; (III) ANY LOSS OF, OR DAMAGE TO, DATA, REPUTATION, REVENUE OR GOODWILL; OR (IV) THE COST OF USING SUBSTITUTE SERVICES. IN NO EVENT SHALL THE TOTAL LIABILITY OF SIMILARWEB, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR THIRD-PARTY SERVICE PROVIDERS, UNDER, OR OTHERWISE IN CONNECTION WITH THESE TERMS AND YOUR USE, OR INABILITY TO USE, THE APPLICATION, THE SERVICES OR THE WEBSITE, EXCEED IN THE AGGREGATE: US$100.00. THE FOREGOING EXCLUSIONS AND LIMITATIONS OF LIABILITY SHALL APPLY, EVEN IF SIMILARWEB, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, THIRD-PARTY SERVICE PROVIDERS OR ANY OF THE AFOREMENTIONED REPRESENTATIVES’ HAVE BEEN ADVISED OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. NO ACTION, REGARDLESS OF FORM, MAY BE BROUGHT BY YOU FOLLOWING THE EARLIER OF: (I) 12 MONTHS AFTER THE DATE ON WHICH YOU BECOME AWARE THAT A CAUSE OF ACTION HAS ARISEN; OR (II) THE PERIOD SET FORTH UNDER THE APPLICABLE STATUTE OF LIMITATIONS.
You hereby agree to defend, indemnify and hold Similarweb, its directors, officers, employees, agents and affiliates harmless from any and all third-party claims, liabilities, damages, costs and expenses, including reasonable attorney fees, in any way arising from, related to or in connection with your use of the Application or Website, your violation of the Terms or the posting or transmission of any materials on or through the Application by you, including, but not limited to, any third party claim that any information or materials you provided infringes any third party proprietary right.
Portions of the software upon which the Application 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, solely in connection with the related third-party open-source software. Notwithstanding anything to the contrary, we make no warranty or indemnity hereunder with respect to any third-party open-source software.
These Terms shall be governed by and construed in accordance with the laws of England and Wales without giving rise to any conflict of laws rules therein. The parties each expressly agree that the exclusive jurisdiction and venue for resolving any claim or dispute under these Terms shall be in the competent courts of England. The application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act is excluded from these Terms. Additionally, notwithstanding the foregoing, We reserve the right to seek injunctive relief in any court in any jurisdiction.
You can terminate your use of the Application or your use of the Services at any time by uninstalling the Application from your mobile device. We may terminate or suspend your Account or suspend your use of the Application or the Services at any time and without prior written notice, at our sole discretion, for any or no reason. We reserve the right to, in our sole discretion and without providing you with any notice, terminate your Account or cancel any of your Points if we have determined at our sole discretion that you have committed any acts of fraud, have fraudulently earned any of such Points or have violated these Terms in any way. Additionally, we reserve the right, for any or no reason, in our sole discretion and without providing you with any prior notice, to terminate, change, suspend or discontinue any aspect of the Application, including, without limitation any of the Content or hours of availability, and we will not be liable to you or to any third-party for such changes or any consequences caused as a result of such changes. You will no longer continue to accrue additional Points in the event that your use of the Services has been terminated in accordance with these Terms nor will you be able to retrieve any accrued Points. Please contact us at: firstname.lastname@example.org for inquiries as to why your Account has been terminated or for any other questions or requests related to your Points or your Point balance.
Notices to you may be made via email, regular mail or via the Application itself either through links or pop-up messages.
These Terms, and any rights granted hereunder, may not be transferred or assigned by you without our prior written consent. We may assign our rights or obligations hereunder without restriction.
We reserve the right to amend these Terms from time to time without providing you with any prior notice with respect to such amendment. Such amendments shall be effective once we publish them on the Application or the Website as shall be reflected in the “Last Amended” header of these Terms. By continuing to use the Application or the Services following any amendments hereof, you hereby agree to be bound by such amended Terms.
These Terms constitute the entire agreement between you and Similarweb in connection with BrandBee and govern your use of the Website, Application and the Services and supersede all prior agreements and representations related to the subject matter hereof. We reserve the right to discontinue or modify any aspect of the Website or the Application at any time. Section headings in these Terms are provided for convenience only and have no substantive effect on construction. You agree that nothing herein shall be construed as creating any joint venture, partnership, employment, or agency relationship between us and you as a result of this Agreement, your use of the Application or the Services. The failure of a party to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms shall remain in full force and effect.
Please contact us as follows with respect to any questions or concerns you may have in connection with these Terms, the Applications or our Services: Via Email: email@example.com
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