Last updated: July 20, 2020
GrowByData, LLC (“GROWBYDATA,” “we,” or “us”) may revise and update this Agreement from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the ad intel service thereafter. It is our policy to post any changes we make to this Agreement on this page with a notice on the GrowByData website home page at www.growbydata.com (the “Website”). If we make material changes to this Agreement, we will notify you through a notice on the Website home page. However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Website.
1. Description Of The Service. Subject to the terms of this Agreement, GROWBYDATA will provide you with the use of its online ad intel service (the “Service”). In order for GROWBYDATA to provide the Service to you, you will need to submit a request, and may at your option supplement your request with additional data that will allow us to further customized and enhance your reports (“Provided Data”). You agree that GROWBYDATA may analyze the Provided Data to create and deliver analysis to you on a periodic basis. You also agree that GROWBYDATA may de-identify and aggregate your Provided Data with other data, which GROWBYDATA may analyze for purposes of improving the Service, gathering insights, and creating reports for you and other users of the Service.
2. We May Change The Terms Of This Agreement. We may revise and update this Agreement from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the ad intel service thereafter. It is our policy to post any changes we make to this Agreement on this page with a notice on the GrowByData website home page at www.growbydata.com (the “Website”). If we make material changes to this Agreement, we will notify you through a notice on the Website home page. However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction section will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Website.
3. We Own The Service. GROWBYDATA (and its licensors, where applicable) owns and shall own all right, title and interest, including all related intellectual property rights, in and to the Service, including but not limited to text, images, visual interfaces, interactive features, graphics, design, software and computer code, and all other elements and components of the Service and the site(s) where it is hosted (the “Content”), and any aggregated metrics, data and trends compiled by GROWBYDATA (“Aggregated Data”). This Agreement is a license, not a sale, and it does not convey to you any rights of ownership in or related to the Service, the Content, the Aggregated Data, or the intellectual property rights in them.
4. Grant Of License; Restrictions. GROWBYDATA grants you a personal, non-transferable, non-GrowByData, limited, revocable right and license to use the Service, solely for your own internal business purposes, subject to the terms and conditions of this Agreement. All rights not expressly granted to you are reserved by GROWBYDATA and its licensors. You may not access the Service for purposes of monitoring its availability, performance or functionality, or for any other benchmarking, reverse engineering, or other competitive purposes. You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit the Service or Content or make them available to any third party in any way; (ii) modify or make derivative works based upon the Service or Content; (iii) embed the Service or frame it within another application; or (iv) reverse engineer or access the Service to build a competitive product or service or copy any ideas, features, or functions of the Service or the Content. In addition, you shall not:
• Use the Service in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Service or Website.
• Use any robot, spider or other automatic device, process or means to access the Service for any purpose.
• Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
• Use any device, software or routine that interferes with the proper working of the Website or the Service.
• Introduce any viruses, trojan horses, worms, logic bombs or other material that is malicious or harmful.
• Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
• Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Website or the Service.
6. You Own Your Provided Data. You will retain the ownership of Provided Data. You grant GROWBYDATA a limited, fully paid-up, royalty-free, non-transferable, perpetual license to analyze, manipulate, and otherwise exploit Provided Data in de-identified or anonymized form. GROWBYDATA shall own any analyses that it creates. GROWBYDATA shall use reasonable care to hold your Provided Data in confidence and shall not disclose your Provided Data to anyone other than (a) to its employees, contractors, consultants, vendors, attorneys, and accountants with a need to know; or (b) if GROWBYDATA is required to be disclosed by process of law, provided that to the extent permitted GROWBYDATA shall notify you promptly upon any request or demand for such disclosure.
7. Termination Of This Agreement. The term of this Agreement commences upon your acceptance of the Agreement. We may terminate this Agreement at any time for any reason or no reason, including without limitation any violation of this Agreement, without any prior notice or liability to you. You may terminate this Agreement upon written notice to GROWBYDATA, by sending an email to [email@example.com]. Sections 3, 6, 7, 9, 10, 11, and 13 shall survive termination for any reason.
8. We May Suspend, Discontinue Or Change The Service. GROWBYDATA may change, suspend or discontinue, temporarily or permanently, any aspect of the Service at any time, including the availability of the Website or any Service. We may also impose limits on the availability of the Service or restrict access to Service without notice or liability. We also reserve the right to charge a fee, or change the fees currently charged, for access to the Service. We may also take other actions that we believe, in our sole discretion, to be in our best interest or the interests of our users as a whole.
9. You Will Be Responsible For Any Harm You Cause Us. You agree to defend, indemnify and hold harmless GROWBYDATA (including its affiliates and their respective directors, officers, employees and agents) from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys’ fees) arising out of or accruing from any non-compliance by you with the terms of this Agreement and from any claims brought by persons or entities other than the parties to these Terms that arise from or relate to your access and use of the Service. We reserve the right to take over the GrowByData defense of any claim for which we are entitled to indemnification under this section. In that event, you shall provide us with whatever cooperation we may reasonably request.
10. We Disclaim All Warranties. GROWBYDATA MAKES THE SERVICE AND CONTENT AVAILABLE ON AN AS-IS AND AS-AVAILABLE BASIS, WITH ALL FAULTS. WE DO NOT MAKE ANY WARRANTIES OF ANY KIND WITH RESPECT TO THE WEBSITE, SERVICE, OR CONTENT. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, GROWBYDATA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATABILITY, AND NONINFRINGEMENT. GROWBYDATA DOES NOT WARRANT THAT THE WEBSITE OR SERVICE OR ANY CONTENT WILL BE ERROR-FREE, THAT ACCESS THERETO WILL BE UNINTERRUPTED, THAT THAT DEFECTS WILL BE CORRECTED, THAT YOUR DATA WILL BE SECURE FROM UNAUTHORIZED ACCESS, OR THAT THE SERVICE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOREOVER, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. GROWBYDATA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY SERVICE.
11. Our Liability Is Limited. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL GROWBYDATA, ITS LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS, OR SUPPLIERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH), OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM (A) THE USE OF, OR THE INABILITY TO USE, ANY GROWBYDATA WEBSITE, SERVICE, OR CONTENT, EVEN IF GROWBYDATA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL GROWBYDATA’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $50 (WHICHEVER IS LESS) FOR ACCESSING OR USING THE APPLICABLE WEBSITE OR SERVICE. MOREOVER, UNDER NO CIRCUMSTANCES SHALL GROWBYDATA, OUR LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS, OR SUPPLIERS, BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL.
12. You Consent To Receiving Communications From Us. By registering for the Service, you agree that GROWBYDATA may send you newsletters, emails, or other communications, and may contact you by telephone. You cannot opt out of receiving these communications unless you cancel your registration.