Portrait Terms of Service

Last Updated: February 18, 2016

(1) SimilarWeb welcomes you

By signing this document, or registering for SimilarWeb’s Portrait Service (the “Portrait” as defined below), you agree that you have read, understand, and accept the terms and conditions described below (the "Terms of Service") and you agree to be bound by these Terms of Service and all terms, policies and guidelines incorporated in the Terms of Service by reference, including, but not limited to, SimilarWeb’s Privacy Policy located at https://portrait.similarweb.com/privacy, (“Privacy Policy”) (or such other URL that SimilarWeb may provide from time to time) (collectively, the "Agreement"). If you do not agree to this Agreement, you should not use Portrait (as defined below) in any way. Portrait is offered to you conditioned on your acceptance of this Agreement without modification, including without limitation, SimilarWeb’s right to own and use all data collected and analyzed by Portrait.

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.

(2) Modification of Agreement

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.

(3) Description and Use of Portrait

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.

(4) Fees and Payment

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).

(5) Incidental Costs Associated with Use of Portrait

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.

(6) Reports and Results

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.

(7) Representations and Warranties

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.

(8) Limited License

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.

(9) Privacy and Information Collection

As a condition of your access to the Service, you agree that SimilarWeb has the right, for any purpose, to collect, retain, use, and publish in an aggregate manner, subject to the terms of its Privacy Policy located at https://portrait.similarweb.com/privacy (or such other URL that SimilarWeb may provide from time to time), information collected in your use of the Service, including without limitation, with respect to Portrait, and the information, characteristics and activities of end users of your applications collected by you (the “User Data”). You will not (and will not allow any third party to) use the Service to track or collect personally identifiable information of end users, nor will you (or will you allow any third party to) associate any data gathered from your application(s) with any personally identifying information from any source as part of your use (or such third parties' use) of the Service. You agree that you have and will abide by a privacy policy that complies with all applicable laws and industry standards and that you will comply with all applicable laws relating to the collection of information from end users of your applications. Notwithstanding the above, you agree to follow all country specific regulations with regards to data privacy when using European data.

You must post a privacy policy for your end users. That policy must (i) provide notice of your use of a tracking pixel, SDK or any other visitor identification technology that collects, uses, shares and stores data about end users of your applications (whether by you, SimilarWeb or your Ad or Marketing Infrastructure Partners) and (ii) contain a link to SimilarWeb’s Privacy Policy and/or describe SimilarWeb’s opt-out for Portrait to your end users in such a manner that they can easily find it and opt-out of Portrait (and/or prevent the Portrait SDK from continuing to collect data). If an end user opts-out, SimilarWeb will stop tracking data for the device identified by the provided Google Play Advertising ID or Apple IDFA, as applicable, going forward. Portrait tracking will stop across all applications within the SimilarWeb network. You agree to obtain consents from all your end users as required by applicable law and SimilarWeb’s privacy policy, before you use Portrait. For the avoidance of doubt, you agree and undertake, as a condition for your use of the Portrait SDK, to obtain the express consent from each user of any application containing the Portrait SDK to the privacy terms set forth herein, including at a minimum the Privacy Policy located at https://portrait.similarweb.com/privacy (or such other URL that SimilarWeb may provide from time to time) - before such user may install or use such application.

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.

(10) Suspension; Discontinuance; Modification

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.

(11) Confidentiality; Publicity; Ownership.

  1. Confidentiality. You agree not to disclose SimilarWeb Confidential Information (defined below) without SimilarWeb’s prior written consent and to use at least the same degree of care to prevent unauthorized use and disclosure of such SimilarWeb Confidential Information as you use with respect to your own confidential information (but in no event less than a reasonable degree of care). “SimilarWeb Confidential Information” includes any and all information that is disclosed by SimilarWeb, either directly or indirectly, in writing, orally or by inspection of tangible objects, , and includes, without limitation, the Software, and the features and functionality of Portrait. SimilarWeb Confidential Information does not include information that: (a) is or becomes generally known to the public through no fault of or breach of this Agreement by you; (b) is rightfully known by you at the time of disclosure without an obligation of confidentiality; or (c) you rightfully obtain from a third party without restriction on use or disclosure. Nothing in this paragraph shall be construed as a grant or assignment of any right or license in SimilarWeb’s Confidential Information. SimilarWeb’s Confidential Information shall at all times remain the property of SimilarWeb. At any time SimilarWeb reasonably requests, and in any event upon the termination or expiration of this Agreement, you shall, at SimilarWeb’s election, promptly return to SimilarWeb all its Confidential Information in your possession or control, or certify in writing to SimilarWeb that the Confidential Information has been destroyed.
  2. Publicity. “SimilarWeb”, “Portrait” and all related names, our logos and products are our trademarks. You must not use such marks without our prior written consent. You will not name SimilarWeb or use SimilarWeb’s Brand Features in any press release, public announcement, advertisement, blog, or other form of publicity in relation to this Agreement or otherwise without securing the prior written consent of SimilarWeb.
  3. Ownership. As between the parties, SimilarWeb retains all right, title and interest in and to Portrait and any materials created, developed or provided by SimilarWeb in connection with this Agreement, including all Intellectual Property Rights (as defined below) related to each of the foregoing. In addition, SimilarWeb retains all right, title and interest in and to data collected via its SDK. As between the parties, except as set forth herein, You and your licensors retain all right, title and interest in and to your applications, including all Intellectual Property Rights related thereto. “Intellectual Property Rights” means copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right. If any end-user or other third party provides any feedback or suggestions to SimilarWeb in connection with this Agreement or Portrait (“Feedback”), you will ensure that such end-user or third party assigns all right, title and interest in and to such Feedback to SimilarWeb.

(12) Disclaimer

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.

(13) Indemnity

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.

(14) Third Parties

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.

(15) Limitation of Liability

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.

(16) Other Restrictions

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.

(17) International Use; Export Controls

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.

(18) Term; Termination

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.

(19) Miscellaneous

  1. Venue; Governing Law. This Agreement and any action related thereto will be governed by the laws of the State of Israel without regard to principles of conflict of laws, will govern this Agreement. Any dispute arising from this Agreement or the use or misuse of the Services, shall be subject to the exclusive jurisdiction of the competent courts in the district of Tel Aviv, Israel. and SimilarWeb and You consent to personal jurisdiction in those courts. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
  2. Entire Agreement: This Agreement constitutes the entire agreement between you and SimilarWeb and governs your use of the Service, superseding any prior agreements between you and SimilarWeb with respect to the Service. This Agreement may be executed and delivered in one or more counterparts, each of which shall be deemed to be an original but all of which together shall constitute one and the same agreement. This Agreement may be executed and delivered by facsimile or PDF or other means of electronic communication, and upon such delivery the signature so delivered will be deemed to have the same effect as if the original signature had been delivered to the other party. For the avoidance of doubt, this Section 19(b) does not derogate from or in any way limit the effectiveness or enforceability of Section 1 of this Agreement, and you agree that your use of Portrait constitutes your acceptance of the terms of this Agreement and the formation of a contract between you and SimilarWeb in accordance with Section 1, regardless of whether or not you sign or otherwise execute this Agreement or deliver an executed copy to SimilarWeb.
  3. Notices. Any notices to SimilarWeb must be sent to: SimilarWeb, Ltd.. 23 Menachem Begin St., Tel Aviv, Israel, to the attention of the Legal Department, via first class or air mail or overnight courier, and are deemed given upon receipt. Notice to You may be effected by sending email to the email address specified below, or by posting a message to the SimilarWeb Website, and is deemed received when sent (for email) or posted.
  4. Waiver. The failure of SimilarWeb to enforce any right or provision of this Agreement will not be deemed a waiver of such right or provision. SimilarWeb’s waiver of any default is not a waiver of any subsequent default.
  5. Severability. Unenforceable provisions will be modified to reflect the parties’ intention, and remaining provisions of the Agreement will remain in full effect.
  6. Amendment. SimilarWeb reserves the right to change or modify any of the terms and conditions contained in this Agreement or applicable policies at any time and in its sole discretion upon providing notice to You. Any changes or modification will be effective immediately upon posting the revised Agreement on the SimilarWeb Portrait Website, and you waive any right you may have to receive additional notice of such changes or modifications. Your continued use of Portrait following the posting of any revised Agreement will constitute your agreement to be bound by the revised Agreement. If you do not agree to any terms of the amended Agreement, you must stop using Portrait.
  7. Assignment. You may not assign or transfer this Agreement or any of Your rights hereunder and any such attempt will be null and void.
  8. Force Majeure. If the performance of any part of this Agreement by SimilarWeb is prevented, hindered, delayed or otherwise made impracticable by reason of any flood, riot, fire, judicial or governmental action, labor disputes, act of God or any other causes beyond the control of SimilarWeb, then SimilarWeb will be excused from such performance to the extent that it is prevented, hindered or delayed by such causes.
  9. Independent Contractors. SimilarWeb and You are not legal partners or agents, but are independent contractors, and neither party by virtue of this Agreement will have any right, power or authority to act or create any obligation, express or implied, on behalf of the other party.
  10. Survival. The terms and conditions contained in this Agreement that by their sense and context are intended to survive the performance hereof by the Parties hereunder, including but not limited to the provisions relating to Indemnity, Disclaimer of Warranties and Limitation of Liability, shall so survive the completion of the performance, cancellation or termination of this Agreement.