SoftwareAdvice GENERAL VENDOR USER TERMS
Welcome to Software Advice. Please take time to read our General User Terms.
These General User Terms (“General User Terms” or “User Terms”) are entered into and agreed to by Software Advice, and its Affiliates (“Software Advice”), and all users of the Software Advice Sites and Services (“Sites and Services”) as a condition of accessing and using those Sites and Services. Among other things, these General User Terms govern use of the Sites and participation in the Reviews Program.
Users to whom these General User Terms apply may include, without limitation: potential software buyers, software vendors, software reviewers, industry insiders and media relations professionals (each a “User” or “You”).
When accessing your User Account for the first time, you will be given the opportunity to acknowledge and accept the General User Terms. In our ongoing efforts to adhere to applicable law and be transparent about our operations, we may make changes to these General User Terms. We will post notice of such changes on our Site and you are encouraged to consult these General User Terms periodically to be aware of those changes. Your use of our Software Advice Sites and/or Services after such notice has posted constitutes your acceptance of the updated General User Terms.
In consideration of the premises set forth above, you the User hereby agree as follows:
DEFINITIONS: For a glossary of definitions used in these General User Terms, please click here.
Eligibility: The Site and Services are intended solely for Users who are 18 years of age or older. Any access to or use of the Site or Services by anyone under 18 is expressly prohibited. By accessing or using the Site or Services you represent and warrant that you are 18 years of age or older.
For guidance on Vendor Accounts, please see our General Vendor Terms.
Use of Website: By accessing and using our Site, you acknowledge that you are responsible for your actions and for all User Content you post. You represent and warrant:
That you have all necessary right, power and authority to enter into these General User Terms and to fulfil your contractual obligations hereunder;
That any and all information you post or provide, including, without limitation, as part of any registration or application or to gain access to the Site or Services, is true, accurate and not misleading and that you will not allow any other person or entity to use your Account;
That the information and User Content you upload, post, e-mail, transmit, or otherwise make available to us or on our Site, including without limitation reviews, trademarks, logos and screenshots, is accurate and you warrant to have all the required rights to download any User Content on our Site;
That you will, when posting User Content on our Site, adhere to our Community Guidelines and bear all liability related to your submission of such User Content through our Sites and/or Services;
That you will not post or otherwise provide User Content that is unlawful, tortious, malicious, defamatory, infringing, libellous, abusive, disparaging, paedophilic, pornographic, obscene, invasive of another’s privacy, promotes illegal activities/conduct or violates local, state, national or other applicable laws or regulations;
That you will not post or otherwise provide User Content that you do not have the right to make available under any law or contractual or fiduciary relationship (such as insider information, proprietary and confidential information learned or disclosed as part of employment relationships or information protected under nondisclosure agreements);
That you will not post or otherwise provide User Content that contains a software virus or any other code files or programs with the ability to interrupt, destroy, compromise, or otherwise limit the functionality of any computer software or hardware or telecommunications equipment;
That you will not forge headers or otherwise manipulate identifiers for the purpose of disguising the origin of any User Content posted on the Site;
That you will not frame or utilise framing techniques to enclose any trademark, logo, or other proprietary information of the Website or our Vendors without our express written consent;
That you will not avoid, bypass, reverse engineer, interfere with, deactivate, impair, descramble or otherwise circumvent any technical measure implemented by us to administer and protect our Site and Services;
That you will not use any automated means or form of data scraping or data extraction to access, query, download or otherwise collect Our Content or related information from our Site (except as expressly permitted by us) or otherwise without authorisation use or upload Our Content; or create new links, reposts, or referrals through the use of any engine, software, tool, agent, device or mechanism (including automated scripts, spiders, robots, crawlers and data mining tools);
That you will not duplicate, download, publish, modify or otherwise distribute Our Content for any purpose other than for your own individual use;
That you will not collect or “harvest” from our Site the personal information (“Information”) of other Users without their consent for the purpose of transmitting unsolicited commercial mass mailings, “spamming” or for any other unlawful purpose; and That you will not access our Site and Services by any means other than through interfaces expressly authorised by us and these General User Terms.
At our discretion, we may, but are not obligated to, monitor User activity on our Site, and/or edit or remove User Content, which violates or otherwise fails to comply with these General User Terms.
Our Reviews Program:
How the Program Works:
Our Site and Services are powered by User Reviews. We encourage those who desire to share their experience regarding a software product, service or vendor to submit reviews on our Site. You acknowledge and agree that we as the website operator are merely providing a platform for these User Reviews; and that all such User Reviews represent the opinions of the reviewers of those products, services or vendors and not those of us. From time to time, we may provide nominal incentives (such as gift cards) to encourage submission of reviews, regardless of whether the content of the review is positive or negative. We provide clear notice on our Site when a reviewer has been offered a nominal incentive for submitting an honest review. Users are encouraged to read the content of any code of conduct applicable in their employing company in order to verify whether they must declare all incentives and the amount of the incentives they can accept. Users may opt to post their review anonymously but must submit sufficient information for our Quality Assurance team to verify their identity. While a reviewer may choose not to share Personal Information with the public, their identity is always verified by our Quality Assurance team before we permit their review to be published.
Our Community Guidelines:
When participating in our Reviews Program, you (whether a software buyer, vendor or reviewer) will be given the opportunity at the point of review submission to acknowledge and agree to adhere to our Community Guidelines. Our Community Guidelines set forth the rules of play for users, reviewers and vendors. This includes the QA process, the guidelines each review must meet and the process for flagging reviews for investigation. As a neutral content platform, we will only remove reviews that, at our discretion, do not meet our guidelines. Our Community Guidelines further outline the protections we put in place to maintain high-quality, trusted reviews, as well as the respective rights of reviewers and vendors.
Intellectual Property Rights:
Our Site are comprised of Content created by us, third parties with whom we work and our Users. This section sets out the ownership and usage rights for each type of Content.
Listed company names are the service marks and trademarks of their respective companies.
Our Intellectual Property Rights (IP): Our Site and all intellectual property rights therein, including without limitation the vendor listings we create from publicly available or licensed Content, our Services and/or our domain names (collectively, “Software Advice IP”), is the property of Software Advice, its Group Companies and/or its authorised licensors, and is protected by U.S. and international copyright, trademark and other intellectual property laws.
We and our Group Companies grant to User a worldwide, revocable, royalty-free, for the duration of access to the User Account, non-exclusive license to use, view and download the Capterra IP for User’s personal, non-commercial use in accordance with these General User Terms and applicable U.S. and international copyright laws.
Except to the extent otherwise expressly permitted under copyright law, User will not copy, reproduce, modify, use, distribute, display, create derivative works of or otherwise exploit the Capterra IP without the express written consent of Capterra or the applicable copyright owner.
User certifies that User owns or has secured all necessary intellectual property rights in the Content that User uploads, posts, e-mails, transmits or otherwise makes available to us or on our Site, including without limitation User Reviews (“User IP”), and User further agrees to be liable for all such User IP.
By posting User Content (including User Reviews) on our Site or otherwise submitting User Content to us, User grants to us, our Group Companies , for the intellectual property rights protection period, a, worldwide, irrevocable, nonexclusive, royalty-free and fully sub-licensable right to use, reproduce, modify within the limits set by the Guidelines, create derivative works of, publicly display, communicate and distribute (either electronically or via other media now known or hereafter devised) the User IP in the ordinary course of our business.
All intellectual property rights not expressly granted hereunder are expressly reserved to us.
COPYRIGHT INFRINGEMENT CLAIMS:
We respect the intellectual property rights of others and will not tolerate infringing activity on our Sites.
If you are a copyright owner or agent, and you believe your rights under applicable Copyright laws are being infringed by us or another person or entity using our Sites or Services, you may submit to [email protected] a written notification, which includes the following information:
- A physical or electronic signature of a person authorised to act on behalf of the owner of the work(s) that has/have been allegedly infringed;
- Identification of the work or material being infringed, or, if multiple works are covered by a single notification, a representative list of such works;
- Your contact information, including phone number and e-mail address at which you may be contacted;
- Your good faith statement that the use of the work or material in the manner complained of is not authorised by the copyright owner, its agent, or the law; and
- A statement that the information in your notification is accurate, and under penalty of perjury, that you are authorised to act on behalf of the owner of the allegedly infringed copyright. We reserve the right to seek damages from any person who knowingly, materially submits a DMCA notification claim under this section in violation of the law.
Representations & Warranties: User represents and warrants: (i) that it has all necessary right, power and authority to enter into these General User Terms and to fulfil its contractual obligations hereunder; (ii) that the information that it uploads, posts, e-mails, transmits, or otherwise makes available to us or on our Site, including without limitation content, reviews, screenshots, is accurate and it holds the required rights on them; (iii) that it has not breached any third party rights, including without limitation: intellectual property, publicity or privacy, consumer protection, tort and product liability rights; (iv) that it complies with all applicable security standards and is free from any viruses, including without limitation malware or Trojan horses; and (5) that it complies with all applicable laws, statutes, ordinances and regulations.
Disclaimer: YOUR USE OF OUR SITE AND SERVICES IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES, REPRESENTATIONS, TERMS OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION: ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, , TRADE, QUIET ENJOYMENT, ACCURACY OF INFORMATIONAL CONTENT OR SYSTEM INTEGRATION. WE DO NOT WARRANT THAT OUR SITE WILL BE SECURE, AVAILABLE OR OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER; THAT ERRORS OR DEFECTS WILL BE CORRECTED; OR THAT THE CONTENT ON OUR SITE IS ACCURATE OR APPROPRIATE FOR YOU AND YOUR BUSINESS NEEDS.
Limitation of liability Neither us or the User will be held liable for any consequential, incidental, special, indirect, exemplary or punitive damages, linked to or caused by the current User Terms or of the use of our Site or Services, including but not limited to loss of profits, loss of revenues, loss of opportunity, loss of clients and the loss or damage of data or any other interruption of activity (contractual, tortious or defined otherwise by the law), even if we have been informed of the possibility of such damages. Except for breach of the indemnification section, the total responsibility of any party to the other, for indirect damages and under these current User Terms is limited to 100 USD (one-hundred US dollars). We and the Group Companies expressly decline any liability regarding the disputes between two Users of our Site or Services.
Indemnification: Each party to these General User Terms (in its capacity as “Indemnitor”) agrees to indemnify, defend and hold harmless the other party, its agents, affiliates and employees (in its capacity as “Indemnitee”) from and against any and all third party claims, liabilities, losses and expenses (including damage awards, settlement amounts and reasonable attorneys’ fees) arising out of or relating to a violation of these General User Terms, except to the extent such losses and expenses arise from the negligence or wilful misconduct of Indemnitee.
Termination by Us:
If we have reasonable cause to believe that User is using or attempting to use Our Site and Services for any purpose that contravenes these General User Terms (including without limitation tampering, hacking, data scraping, modifying or otherwise corrupting the security or functionality of our Site and Services), we will issue notice to User of such violation. If User continues to violate these General User Terms following receipt of such notice, we reserve the right, in our sole discretion and without penalty, to modify or discontinue (temporarily or permanently) User’s access to our Site and Services. Your actions may also be subject to civil and criminal liability.
Termination for Convenience By User:
User may terminate its User Account at any time by sending an email request to [email protected] We will endeavour to remove your User Account within 5 (five) business days. While you still may be able to access certain portions our Site and Services following termination of your Account, you will no longer have access to the full functionality.
For guidance on termination of vendor accounts, please see our General Vendor Terms.
Force Majeure: Neither party will be liable for any failure or delay of performance under these General User Terms resulting from a force majeure event beyond the reasonable control of a party, including without limitation, natural disasters, acts of God, government regulations, war, terrorism, labor disputes and power failures.
Governing Law: These General Vendor Terms are governed by the laws of Barcelona, Spain except for its conflicts of interest principles. All claims arising out of or relating to these General Vendor Terms will be litigated exclusively in the federal or state courts of Travis County, Texas and each of Software Advice and User consents to personal jurisdiction in those courts.
Waiver & Severability: Our failure to act with respect to a breach of these General User Terms will not constitute a waiver and does not waive our right to act with respect to subsequent or similar breaches. If any of these General User Terms shall be deemed invalid, void, or for any reason unenforceable under applicable law, then that term shall be deemed severable and shall not affect the validity and enforceability of any remaining term or provision of these General User Terms.
Rights of Third Parties: Unless expressly provided herein, no term of these User Terms is enforceable pursuant to the Contracts (Rights of Third Parties) Act 1999 by any person who is not a party to these User Terms.
Last Update: June 2020