Last Updated: February 18, 2016
In order to use Portrait, you must first agree to all the terms of the Agreement. You can confirm your acceptance of and agreement to the terms of the Agreement by actually using Portrait. You understand and agree that SimilarWeb will treat your use of Portrait as acceptance of the terms of the Agreement from that point onwards.
Portrait is available only to individuals who are at least 18 years old and to companies that are appropriately licensed and otherwise legally permitted to conduct business. You represent and warrant that (a), if you are an individual, you are at least 18 years old, and (b) if you are a company, you are appropriately licensed and are legally permitted to conduct business.
You may not use the Portrait if you are a person barred from receiving Portrait under the laws of the United States or other countries, including the country in which you are resident or from which you use Portrait.
SimilarWeb reserves the right to change or modify any of the terms and conditions contained in this Agreement at any time, in its sole discretion, by posting changes at https://portrait.similarweb.com/terms or such other URL that SimilarWeb may provide from time to time. All changes will be effective immediately when we post them, and apply to all access to and use of Portrait thereafter. Your continued use of any part of Portrait following the posting of such changes or modifications will constitute your acceptance of such changes or modifications. You are expected to check this page frequently so you are aware of any changes, as they are binding on you. We may also notify you from time to time of any significant changes we make to the Agreement by updates through our social media accounts or email notifications.
The "Portrait Service" or “Portrait” means, collectively, the "Software", the “Analytics Reports”, the "SimilarWeb Websites" and the "Portrait Documentation", all as defined below in this Agreement. Under this Agreement, SimilarWeb may allow you to access Portrait by using Portrait’s Software Development Kit (the “SDK”) and any fixes, updates and upgrades provided to you, provided that you have an active Portrait account. In addition, SimilarWeb may provide you with online access to a variety of analytics reports (the "Analytics Reports") generated by SimilarWeb's processing code and any related fixes, updates and upgrades. The SDK and SimilarWeb's processing code are defined collectively herein as "Software". The processing code analyzes the data collected by the SDK. This data concerns the characteristics and activities of end users of your applications. In addition, SimilarWeb may provide you with documentation, referred to herein as “Portrait Documentation”, to help you integrate the SDK into your mobile applications.
The Portrait is currently provided to you free of charge. SimilarWeb may change its fees and payment policies for the Portrait Service from time to time. The changes will be posted at https://portrait.similarweb.com (or such other URL that SimilarWeb may provide from time to time).
You agree that you are solely liable for all costs, fees, and other expenses resulting from your use of Portrait. This specifically includes, but is not limited to, incidental costs incurred by you in connection with your use of the Portrait, including, but not limited to, costs owed to your cell phone carrier or mobile provider such as data plan costs, or cell phone coverage fees, and fees owed to any third parties, including any business or infrastructure partners.
Subject to the terms and conditions of this Agreement, you may remotely access, view and download the Analytics Reports (the "Reports"), which will be stored at https://portrait.similarweb.com (or such other URL that SimilarWeb may provide from time to time). SimilarWeb shall own and retains all right, title and interest in and to Reports and all other results, data and/or information provided to you through the service (collectively, “Results”). You may use the Reports only in connection with your use of Portrait pursuant to this Agreement and not for any other purpose.
You represent and warrant to SimilarWeb that: (i) you are the owner of each application you designate in connection with the use of Portrait or that you are legally authorized to act on behalf of the owner of such application for the purposes of this Agreement; (ii) you have all necessary right, power and authority to enter into this Agreement and to perform the acts required of you hereunder and to permit SimilarWeb to provide Portrait for your use as contemplated under this Agreement; (iii) your use of Portrait, the delivery and performance by you of the terms and conditions under this Agreement, and, if applicable, SimilarWeb’s use of the data received from your applications does not and will not conflict with or violate any agreement or other instrument with a third party applicable to you or otherwise infringe upon the rights of any third party; (iv) you have complied and will continue to comply with all applicable laws, statutes, ordinances, and regulations (including, without limitation, any relevant data protection or privacy laws); (v) you will comply with and have any and all consents, authorizations and clearances from end users of your applications to allow SimilarWeb to collect, store, and use User Data (as defined herein) from your end users; and (vi) you will at all times comply with all applicable SimilarWeb policies.
You are hereby granted a nonexclusive, limited, non-transferable, revocable and non-sublicensable license to install and use the SDK solely as necessary to use Portrait pursuant to this Agreement and solely for the mobile applications that you own and control. Your use of Portrait is subject to this Agreement and you shall not, directly or indirectly, undertake : (i) any resale, lease, rental, assignment or other transfer of rights of Portrait; (ii) distribution, public performance or public display of Portrait; (iii) modification, revision, creation of derivative works from or otherwise making any derivative uses of Portrait or any information or content therein; (iv) decompilation, reverse engineering or otherwise attempting to derive the source code for the Software (except to the extent applicable laws specifically prohibit restriction of such activities); or (v) any use of Portrait other than for its intended purpose as set forth in this Agreement. SimilarWeb hereby reserves all rights not expressly granted herein. Any use of Portrait other than as specifically authorized herein, without the prior written permission of SimilarWeb, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark and other intellectual property laws.
You hereby grant to SimilarWeb the limited right to use your company’s name, if applicable, and your company’s trademarks, service marks and/or logos to identify you or your company as a customer of SimilarWeb in its press releases, marketing materials or websites.
You agree that you will not use any Service in connection with any application labeled or described as a "Kids" or "Children" application, and will not use any Service (i) in connection with any application, advertisement or service directed towards persons below the age of 13, (ii) to collect any personal information from persons below the age of 13 or (iii) request or permit any Ad or Marketing Partner to transmit any personal information from persons below the age of 13 to SimilarWeb.
SimilarWeb reserves the right, in its sole discretion, with or without notice, to suspend or terminate any website or application from Your Account, Your Account or Your access to the UI or Portrait. SimilarWeb reserves the right, in its sole discretion, to modify or discontinue, temporarily or permanently, Portrait, or any features or portions thereof, without prior notice. You agree that SimilarWeb will not be liable for any such suspension, modification, or discontinuance of Your Account, or any consequences thereof.
If you are dissatisfied with any aspect of Portrait at any time, your sole and exclusive remedy is to cease using it. Upon any termination of this Agreement, SimilarWeb will cease providing Portrait, and you will delete all copies of SimilarWeb's Software from your applications and certify thereto in writing to SimilarWeb within five (5) business days of such suspension or termination.
The information and services included in or available through Portrait, including the Reports, may include inaccuracies or typographical errors. SimilarWeb may make improvements and/or changes in Portrait at any time, with or without notice. You specifically agree that SimilarWeb shall not be responsible for unauthorized access to or alteration of the User Data or data from your applications.
You acknowledge that some features of Portrait may be experimental in nature. SimilarWeb does not represent or warrant that Portrait is reliable, accurate, complete, or otherwise free from defects. Accordingly, Portrait is made available for use “AS IS,” and any use thereof will be undertaken solely at your own risk. SimilarWeb reserves the right, in its sole discretion, to include or cease providing Portrait at any time (subject to notice as may be required herein), and SimilarWeb does not give or enter into any conditions, warranties or other terms with regard to Portrait. YOUR USE OF PORTRAIT, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH PORTRAIT IS AT YOUR OWN RISK. PORTRAIT, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH PORTRAIT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER SIMILARWEB NOR ANY PERSON ASSOCIATED WITH SIMILARWEB MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF PORTRAIT. WITHOUT LIMITING THE FOREGOING, NEITHER SIMILARWEB NOR ANYONE ASSOCIATED WITH SIMILARWEB REPRESENTS OR WARRANTS THAT PORTRAIT, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH PORTRAIT WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR ANALYTICS SERVICE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT PORTRAIT OR ANY SERVICES OR ITEMS OBTAINED THROUGH PORTRAIT WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
SIMILARWEB HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
You agree to indemnify, defend and hold harmless SimilarWeb, its affiliates, and its and their respective employees, officers, directors, contractors, agents, licensors, suppliers, successors and assigns from and against any and all claims, liabilities, penalties, settlements, judgments, damages, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to (i) any information that you or anyone using your account may submit or access in the course of using Portrait; (ii) your breach of any representation or warranty in, or violation of any term of this Agreement or use of Portrait or other services provided by SimilarWeb; and (iii) any disputes between you and your customers, end-users, Ad or Marketing Partners, advertisers, third-party ad networks, or publishers.
If you use Portrait on behalf of any third party, you represent and warrant that you are authorized to act on behalf of, and bind to this Agreement, that third party. You shall ensure that each third party is bound by and abides by the terms of this Agreement. You agree to indemnify, defend and hold harmless SimilarWeb, its affiliates, and its and their respective employees, officers, and directors, contractors, agents, licensors, suppliers, successors and assigns or users from and against any and all claims, liabilities, penalties, settlements, judgments, damages, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to (i) any representations and warranties made by you concerning any aspect of Portrait; (ii) any claims made by or on behalf of any third party pertaining directly or indirectly to your use of Portrait; (iii) violations of your obligations of privacy to any third party; and (iv) any claims with respect to acts or omissions of third parties in connection with Portrait.
Portrait may include hyperlinks to third-party websites or resources. SimilarWeb has no control over any third-party websites or resources. You acknowledge and agree that SimilarWeb (i) is not responsible for the availability of or access to any such third-party websites or resources, (ii) does not endorse you, your products or services, or any advertising, products or other materials available on or from such third-party websites or resources, and (iii) is not liable for any loss or damage which you may have incurred as a result of the availability of any third-party website or resources, or lack thereof, or your reliance on the accuracy or completeness of any advertising, products or other resources from such third-parties.
End-users of your products and services, or on whose computer platform you install Portrait, or with whom you perform any other transactions involving Portrait are solely your customers and not customers of. You are solely responsible for all matters related to your Ad or Marketing Partners, advertisers, third-party ad networks, publishers, and your customers, including without limitation, handling all support services, billing and payment, and any other transactions, inquiries and disputes of any type or nature.
IN NO EVENT WILL SIMILARWEB, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, PORTRAIT,OR ANY SERVICES OR ITEMS OBTAINED THROUGH PORTRAIT, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
IN NO EVENT WILL SIMILARWEB’S LIABILITY AND DAMAGES, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR RELATING TO PORTRAIT OR THIS AGREEMENT EXCEED $500. THE PARTIES AGREE THAT THE EXISTENCE OF MORE THAN ONE CLAIM SHALL NOT INCREASE THE FOREGOING LIMIT, AND THAT THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
You shall not, directly or indirectly, take or authorize or encourage any third party to take any fraudulent action in the use of Portrait, including without limitation, click fraud or fraudulent downloads, nor shall you engage in any activity that interferes with, disrupts or interacts in an unauthorized manner with Portrait (or servers and networks which are connected to Portrait), including but not limited to use of robots, scrapers or other automated query tools and/or computer generated search requests. SimilarWeb may terminate your account at any time for any reason, including without limitation, such fraudulent or unauthorized activity, in its sole discretion.
Software available in connection with Portrait and the transmission of applicable data, if any, is subject to United States export control laws. No Software may be downloaded from Portrait or otherwise exported or re-exported in violation of the export control laws of the United States.
The term of this Agreement will commence on the date You agree to the terms of this Agreement or start using Portrait, whichever is earlier, and will continue until terminated by either party as provided in this Agreement (“Term”). You may terminate this Agreement, with or without cause, at any time by sending written (via email) notice to the address and contact set forth in Section 19(c) below; provided that such termination will become effective upon the earlier of 10 business days after SimilarWeb’s receipt of such notice or the date upon which, after receiving such notice, SimilarWeb suspends Your ability to access or use Portrait or terminates Your Account. SimilarWeb may terminate this Agreement or any Account, with or without cause, in SimilarWeb’s sole discretion, at any time. Upon termination of this Agreement, any licenses granted to You in this Agreement will automatically terminate, and You must immediately cease all use of Portrait, as well as any SimilarWeb code, and destroy or erase all copies, full or partial, of any SimilarWeb code or protocol in Your possession or control.