SIMILARWEB & SIMILARSITES TERMS OF SERVICE
[Last Modified: December 21, 2017]
Thank you for choosing to install and use our add-on browser extensions ("Product(s)") provided by SimilarWeb Ltd. ("Company" or "we", "us" or "our").
These terms of service ("Terms of Service"), are a legally binding agreement between Company and you ("user" or "you") governing the use, access or download of our proprietary Products and Services (as defined herein) developed, owned and operated by us.
These Terms of Service govern any and all use of, and features offered in, the Product as are available or may become available from to time to time. Please read these Terms of Service carefully before installing the Product or using the Service.
We reserve the right to periodically amend or revise these Terms at our sole discretion; such changes will be effective immediately upon the display of the revised Terms. We recommend you periodically review and visit the Terms. The last revision date will be reflected in the "Last Modified" heading. Your continued use of the Products or Services following the notification of such amendments constitutes your acknowledgement and consent of such amendments to these Terms and your agreement to be bound by the terms of such amendments. In the event of material changes that will affect your use of the Product or Service, we will endeavor to provide you with notifications through the Product, the relevant browser extension store, or by email.
The SimilarWeb extension provides you with information on, and rankings of, the websites you browse and apps you use, and the insights we provide contain information about our analysis of the websites’ and apps popularity, usage and rankings. The SimilarWeb extension will provide an analysis of the rates, ranks and popularity of the webpages you browse and apps you use, and will and the SimilarSites extension will identify websites that are similar to the websites you are currently browsing (collectively, the “Service(s)”).
Our traffic data and related metrics provided to you through the SimilarWeb extension is based on data from various (direct and indirect) sources, and are calculated using a proprietary methodology that combines, among other things, a designated website’s estimated average of daily visitors and its estimated number of page views over time.
The content, data and other information contained and provided on or through the Products is for informational purposes only. Such information is believed to be reliable; however, the Company does not warrant its accuracy, timeliness or completeness.
3. PERMITTED USE; RESTRICTIONS
The Products may not be duplicated, reproduced, copied, transferred, sold, or otherwise exploited for any commercial purpose without the express, prior written consent of the Company. Without limiting the foregoing, you shall not:
Use the Products for any purpose other than the purposes provided herein;
Sublicense, lease, rent, loan, distribute, sell, resell, or otherwise transfer the License granted herein or any documentation or materials contained in, on or with the Products;
Use the Products or Services for any illegal, immoral or unethical purpose, or in violation of any local, state, national, or international law, including laws governing intellectual property and any other proprietary rights, and laws and regulations related to data protection and privacy;
Disable, remove, damage, circumvent or otherwise tamper or interfere with any security-related features of the Products, features that restrict or prevent unauthorized use or copying of any content accessible through the Products, or features that enable, activate or enforce limitations on the use of the Services;
Decompile, disassemble, reverse engineer, or otherwise attempt to access or discover the source code of the Products or any part thereof, except to the extent that such activity is expressly permitted by applicable law, where such law applies notwithstanding this limitation;
Adapt, translate, modify or create derivative works based on the Products or any part thereof, except and only to the extent the foregoing restriction is expressly prohibited by applicable laws; or
Intentionally damage, tamper or interfere with operation of the Products or any user’s enjoyment thereof, by any means, including without limitation uploading or otherwise disseminating adware, spyware, viruses, worms, or other malicious or harmful code.
5. INTELLECTUAL PROPERTY
All content included in the Products, including, without limitation, images, graphics, logos, text, and button icons (“Content”), is the exclusive property of Company or its licensors and is protected by applicable copyright laws. Certain marks used on or in the Products or Services are registered trademarks or service marks of Company. Certain logos, graphics, scripts, button icons, page headers and service names are trademarks or service marks of Company or its affiliates. The Company’s trademarks and service marks may not, under any circumstances, be used for any commercial purposes or other purposes, by any party other than by the Company or its affiliates, without the express, prior written consent of Company.
6. THIRD PARTY WEBSITES
7. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE FUNCTIONALITY OR PERFORMANCE OF THE PRODUCTS, SERVICES OR THE CONTENT (INCLUDING SIMILAR CONTENT) MADE AVAILABLE THROUGH THEM. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE PRODUCTS AND SERVICES IS AT YOUR OWN RISK. THE COMPANY DOES NOT REPRESENT OR GUARANTEE THAT THE PRODUCTS OR SERVICES WILL BE ERROR-FREE, OR PERFORM UNINTERRUPTED, OR THAT THEY WILL PROVIDE SPECIFIC RESULTS OR CONTENT. THE PRODUCTS, SERVICE AND RELATED CONTENT ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. THE COMPANY WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND ARISING FROM OR RELATED TO THE USE OF THE PRODUCTS OR SERVICES, INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUES OR BUSINESS OPPORTUNITIES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, EXCEPT TO THE EXTENT THE EXCLUSION OR DISCLAIMER OF SUCH DAMAGES IS PROHIBITED BY APPLICABLE LAWS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DATA ACCURACY, NONINFRINGEMENT, QUIET ENJOYMENT AND FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE. SIMILARWEB WILL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DELAY, DIFFICULTY IN ACCESS OR USE, INACCURACY OF INFORMATION, COMPUTER VIRUSES, MALICIOUS CODE OR OTHER MALFUNCTION, DEFECT OR DEFICIENCY IN THE PRODUCTS. CERTAIN LOCAL, STATE OR OTHER LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IN THE EVENT AND TO THE EXTENT THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
At any time, you may stop using the Products or Services by removing the Products from your browser or disabling the Products through your browser’s settings. We reserve the right, at any time, to: (i) discontinue, terminate, suspend or modify any aspect of the Products or Services; or (ii) terminate these Terms and your use of the Products or Services with or without cause, and shall not be liable to you or any third party for any of the foregoing. The Company does not assume any responsibility with respect to, or in connection with, the termination of the Products or Services or these Terms. Upon any termination or deactivation of the Products or Services, you agree to stop using the Products or Services and remove the Products from your device.
9. GOVERNING LAW
For any dispute you have with us, you agree to first contact us at: firstname.lastname@example.org and attempt to resolve the dispute with us informally. If we are not able to resolve the dispute with you informally, we each agree by these enforceable Terms, unless otherwise required by a mandatory law, to resolve any claim or dispute arising out of or in connection with or relating to these Terms exclusively by binding arbitration by the American Arbitration Association ("AAA"). You may bring claims only on your own behalf, and neither you nor the Company will participate in a class action or class-wide arbitration for any claims covered by these Terms. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING AND THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. This dispute resolution provision will be governed by the U.S. Federal Arbitration Act. This arbitration agreement will survive the termination of your relationship with the Company. In the event you do not agree with this provision, you must send us a written notice to: email@example.com and include your name and residence address, and a clear statement that you want to opt out of this arbitration agreement. These Terms are governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law and will specifically not be governed by the United Nations Conventions on Contracts for the International Sale of Goods, if otherwise applicable. For any action at law or in equity relating to the arbitration provision of these Terms, you agree to resolve any dispute you have exclusively in a state or federal court located in New York, New York, Southern District, Manhattan and to submit to the personal jurisdiction of the courts located in New York County for the purpose of litigating all such disputes. Any cause of action you might have relating to the Products or Services is limited in time to one (1) year from the date the incident arose, and will be permanently barred afterwards.
Company’s failure to enforce or exercise any right or provision of these Terms of Service will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms of Service will be effective only if in writing, signed by an authorized representative of Company.
11. CONTACT US
Company Name: SimilarWeb Ltd.
Address: 121 Menachem Begin Road, Tel Aviv, 6701318, Israel