Supplemental Terms & Conditions (Contacts Feature)
Last updated: March 30, 2023
Contacts Feature
If the Contacts feature is included among the License Features ordered by Customer, the following terms shall apply:
1. Business Information Terms and Conditions.
1.1 Access to Contacts Feature. Customer’s License includes the Contacts feature (the “Contacts Feature”), which enables Customer to search and access certain third-party business information (“Business Information”). Such Business Information is provided to Similarweb via one or more third-party licensor(s) (“Licensor(s)”). Business Information may include personal data, as such term is defined under applicable data protection laws. Therefore, the Contacts Feature may not be available for Named Users in certain jurisdictions; the list of countries where the Contacts Feature is currently available is included as Section A of the Contacts feature Exhibit, available at the following link: https://www.similarweb.com/corp/legal/contacts-exhibit/ (the “Permitted Countries”). Customer may not share any of the Business Information with any of its employees, representatives, or other personnel outside of Permitted Countries, unless all mechanisms, arrangements and/or analyses have been made as required to allow sharing such data under applicable laws. Customer shall use and retain personal data solely in accordance with all applicable laws, including without limitation data privacy laws, marketing laws, regulations, terms, and privacy policies, and shall defend, indemnify, and hold Similarweb and its affiliates, and each of their employees, directors, agents and shareholders, harmless from and against any and all damages, losses and expenses assessed against Similarweb (including without limitation reasonable attorneys’ fees and regulatory fines or other sanctions) arising from any violation of any such laws, terms, and privacy policies by Customer or any party on its behalf. Customer and Similarweb shall: (a) cooperate as reasonably necessary to respond to any requests submitted to either of them directly or indirectly by Licensor and/or data subjects to whom such personal data relates to exercise their obligations or rights, as applicable, under applicable data privacy laws; and (b) enter into any applicable agreements with respect to such personal data as may be required by such data privacy laws. To the extent that such personal data is subject to the EU data protection laws or the UK data protection laws, or to substantially similar laws or regulations, the Parties agree that such data will be processed in accordance with the data processing agreement included as Section B of the Contacts feature Exhibit, available at the following link: https://www.similarweb.com/corp/legal/contacts-exhibit/. For the purposes of the Business Information provided to Customer, Similarweb and Customer shall each be deemed to be distinct independent controllers or businesses subject to any license restrictions and applicable data privacy laws.
1.2 Terms of Existing Agreement. In the event Similarweb and Customer have an existing valid agreement for the provision of Similarweb services and/or products (an “Existing Agreement”), and the Contacts Feature is being added to the License features under the Existing Agreement, then, notwithstanding anything to the contrary in such Existing Agreement, the following terms and conditions shall apply: (a) any representations, warranties and/or other provisions provided by Similarweb under the Existing Agreement with respect to personal data are of no further force and effect; and (b) SIMILARWEB’S MAXIMUM AGGREGATE LIABILITY UNDER, ARISING OUT OF OR RELATING TO THE CONTACTS FEATURE SHALL NOT EXCEED THE TOTAL AMOUNT OF LICENSE FEES PAID BY CUSTOMER TO SIMILARWEB DURING THE TWELVE (12) MONTHS PRECEDING THE DATE THE LIABILITY FIRST ARISES; ANY SUCH LIABILITY ARISING OUT OF OR RELATING TO THE CONTACTS FEATURE SHALL BE CUMULATIVE WITH ANY OTHER LIABILITIES OF SIMILARWEB UNDER THE EXISTING AGREEMENT FOR PURPOSES OF DETERMINING SIMILARWEB’S MAXIMUM LIABILITY.