Terms & Conditions

1. 1. Similarweb is a market intelligence company that licenses data products and services to its customers and partners (“Partners”) to use in connection with market research on particular brands and products, marketing campaigns, advertising efficacy and investment research. BrandBee is a panel application, enabling users to share and sell their data through surveys (“Market Research Surveys”) including, metered data (each a “Panel”). Subject to the Registration and Account Section of these Terms, when you download our Application, it will first determine whether you are eligible to join one or more of the Panels. If the Application determines that you are eligible to join a Panel, you will be able to earn points (the amount of which will be displayed in the Application) for each day that you allow our Application to run in the background of your device (“Activity Points”) or for each survey you decide to respond to and complete successfully. In certain cases, we may, at our sole discretion, provide a higher number of Activity Points for members of a particular Panel from time-to-time. In order to collect the Activity Points the user may be requested to access and open our Application on a daily basis, in such case if the user didn’t access the Application and collect the Activity Points for such date, the Activity Points for that day shall be deleted and the user may not be able to collect or redeem such Activity Points. You will be able to see the balance of Activity Points that you have earned on the home screen of the Application. In order to participate in Market Research Surveys, you will need to first fill out a demographic survey which will include certain demographic questions about you, as shall be updated from time-to-time within the Application (“Demographic Survey”). You will earn points for filling out the Demographic Survey, as reflected within the Application, (“Demographic Points”) which will also allow us and our Partners to match you with Market Research Surveys that will be most applicable to you. You may also have the opportunity, at our sole discretion, to earn more points by participating in the exclusive research study (“Study”) or by filling out a Market Research Survey, subject to the terms of each Study or Market Research Survey, as may be displayed within the Application (“Study Points” and “Survey Points,” respectively). Activity Points, Demographic Points, Survey Points and Cash Back Points (as such term is defined below) shall be collectively referred to herein as “Points”.

   1. Your Points may be redeemed for gift cards from our third-party vendors, as reflected within the Point redeeming section of the Application. You may be able to accumulate up to the amount of points listed as the applicable Points limit in the Application and in any case not more than 10,000 points ("Point Limit"). Once you reach such Points limit, you will no longer be able to accumulate Points until some or all of those Points are redeemed. We reserve the right, at our sole discretion, to change the Point Limit from time-to-time, as shall be reflected within the Application. Additionally, you will need to accumulate a certain minimum number of Points before you can redeem them, as shall be determined by us at our sole discretion and specified within the Application. 
   2. Cash Back Program. You will have the opportunity to earn additional points (“Cash Back Points”) when you make purchases via the Application from our partner brands (“Cash Back Brand(s)”). In order to earn Cash Back Points you will need to click on the “shopping” tab on the homepage of the Application and click on the Cash Back Brand link that you are interested in making a purchase from. Each link will take you to the Cash Back Brand’s website where you will be able to make your purchase. The amount of Cash Back Points you will be eligible to earn varies for each Cash Back Brand. The percentage of each purchase for which you will earn Cash Back Points will be displayed on the Application for each Cash Back Brand. You will be able to see the amount of Cash Back Points you have earned from your purchase in your Rewards History on the Application. Please note, that we will remove any Cash Back Points from your Account that were earned from purchases that have been returned or canceled by you. 
   3. YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOUR ABILITY TO REDEEM THE POINTS IS SUBJECT TO THE PAYMENT OF THE PARTNERS TO US. IN ANY CASE THE PARTNERS DO NOT PAY US FOR A CERTAIN SURVEY WE WILL NOT REDEEM THE POINTS YOU EARNED FOR THAT CERTAIN SURVEY
   4. TheApplication and Services will be made available to you via your mobile device.Please be advised that not all mobile devices are compatible with the Application and we do not warrant that the Application will be compatible with your particular device. You may use the Application solely with your primary device (i.e. the mobile device used to conduct daily business). We may on our sole discretion decide to terminate your usage and access to the Application if we determine that you use and access the Application not through your primary mobile device or in the case, we detect that you install "suspicious apps" such as VPN apps, location blocker apps and any other application that we may detect as suspicious.  
   5. Please review thespecifications for the Application in your mobile application store to verifythat your mobile device is compatible with the Application before attempting todownload the Application. Standard carrier data charges may apply to your use ofthe Application.

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2. Website. Our Website is mainly an informative website and is meant to provide you with information regarding  our Application. You may also contact us, submit a request and be redirected to download the Application via the Google Play Store or the Apple App Store on our Website. We hereby grant you permission to visit and use the Website for your information and personal use only (and, where applicable, the internal business purposes of your organization), subject to these Terms and your compliance with applicable law.
3. The Website and the Application may include certain trademarks and logos of BrandBee and Similarweb ("Marks”), as well as content, texts, documents, descriptions, products, graphics, photos, sounds, videos, and interactive features (together with the Marks, “Content”) all of which are the property of Similarweb, and your access to and use of such Content is thus subject to Similarweb’s rights as further provided herein.
   

Before you can access and use our Application as well as the Services available therein, you will need to download our Application solely either via the APK file available via Google Play which you can find here or on the Apple App Store, and sign up for our Application and create an account (“Account”). In order to create an Account, you will either need to create a username and password, login via one of the social media platforms that are supported by the Application (e.g., Facebook) or via your Google or Apple account. Each User shall only be permitted to create one Account. You will also need to provide us with certain access permissions to your mobile device as part of the registration process. By creating your Account, you hereby acknowledge and agree: (i) to provide accurate and complete Account information, login information and Market Research Surveys (as such term is defined below) responses; (ii) to keep, and ensure that your Account information including your login details and password are kept, secure at all times; (iii) to remain solely responsible and liable for the activity arising out of any failure to keep your Account details confidential; (iv) to only create one Account and not create any other accounts via any of your other devices; and (v) to promptly notify us in writing if you become aware of any unauthorized access or use of your Account; (vi) to access to the Application through your primary mobile device (i.e. the mobile device that you use you for daily operation). We reserve the right to terminate or suspend your Account in the event that you provided us with any false or inaccurate information in connection with your Account or if we believe your use of the Services is done through a mobile device that is not your primary device or in a manner that does not comply with these Terms or any applicable laws. We will store, process, use and share the information you provide during the registration process and via your Account in accordance with our Privacy Policy. Please note that we may use your email address that you provided during the registration process in order to send you certain marketing messages and operational or support messages. 

Subject to these Terms, we hereby grant you a non-exclusive, non-transferable, revocable license to install and use the Application and our Services, solely for your personal use. The foregoing license grant is not a sale of the Application or any copy thereof, and we retain all right, title, and interest in and to the Application (and any copies of the Application) and any Content included therein.

We reserve the right at any time to cancel, modify, or restrict any aspect of our Services including, the eligibility to participate in any survey or redeem any Points for any reason. We Further reserve the right to restrict your participation in a Panel that you have been previously removed from or to suspend any user incase we, on our sole discretion, decide that any suspicious activity has taken place, including cases we detect applications installed on the device that we have categorized as suspicious apps, such as VPN apps, location blockers, etc. In such case the Application may still operate on the user's device but no redemption of points may be available by the users. If you wish to object to such suspension or restriction, you may contact us as detailed below.

Except as expressly permitted in these Terms, you may not, and shall not allow any third party to: (i) give, sell, rent, lease, timeshare, sublicense, disclose, publish, assign, market, sell, display, transmit, broadcast, transfer or distribute any portion of the Website or the Application to any third party; (ii) circumvent, disable or otherwise interfere with security-related features of the Website, Application or features, including features that are intended to prevent or restrict use or copying of any content or that are intended to impose or enforce limitations on the use of the Website or the Application; (iii) reverse engineer, decompile or disassemble, decrypt or, attempt to derive the source code of the Website or the Application or any components thereof, or create any derivative works of the Website or the Application, or any part thereof; (iv) use any robot, spider, crawler, scraper, or other automated means to access or monitor the Website or Application for any purpose, or to copy, access, collect, download, or otherwise obtain data, content (including the Content) or other information from the Website or the Application; (v) take any action that imposes or which we determine, in our sole discretion, may impose an unreasonable or disproportionately large load on the infrastructure which supports the Website or the Application; (vi) interfere or attempt to interfere with the integrity or proper operation of the Website or the Application; (vii) remove, deface, obscure, or alter our identification, attribution or copyright notices, Marks, or other proprietary rights affixed to or provided as part of the Website or Application, or use or display logos of the Website or Application without our prior written approval; (viii) use any of our Marks without our prior written consent; (ix) use the Website or the Application in any unlawful manner, for any harmful, irresponsible, or inappropriate purpose (including without limitation third-party defamation), or in breach of these Terms, any terms and conditions of any third-party product or service you use, or any agreement you have entered into with any third party; (x) submit any information, that we subject to our sole discretion believe is incomplete, false, inaccurate, unlawful, harassing, libelous, obscene, or not your own; or (xi) impersonate another individual.

You acknowledge that we may from time to time issue upgraded versions of the Application and may automatically upgrade the version of the Application that you are using on your mobile device. Such modification may include modification of the rewards model (i.e. the method you are allocated with our points and rewards) and the type of rewards you are eligible for. You hereby consent to such automatic upgrade and agree that these Terms will apply to such upgrades.

It is hereby clarified that different users may have different versions of our Application and as such they may have access to different features of the Application or the Application may perform differently for different users.

We will process, store and use any Personal Data (as such term is defined in our Privacy Policy) you provide or that we collect during your use of the Application (including any information provided via your Account) or the Website in accordance with our Privacy Policy (“Privacy Policy”).

The Website and the Application, as well as any Content contained or displayed on the Website or in the Application, are the property of Similarweb and may be protected by applicable copyright or other intellectual property laws and treaties. We own the intellectual property rights and has the title and full, exclusive ownership rights in the Website and the Application (including the Content and all other aspects thereof), and all reproductions, corrections, modifications, enhancements and improvements, and all related patent rights, copyrights, trade secrets, trademarks, service marks, related goodwill, including data, related to your usage of the Website and the Applications and any rights therein not explicitly granted to you hereunder, are reserved to and shall remain solely and exclusively proprietary to Similarweb (or its third-party providers, if applicable). For the avoidance of doubt, the name “Similarweb”, "BrandBee," our respective logos, and all related marks are considered Marks of Similarweb. All other trademarks and logos used on the Website or the Application are the trademarks, marks, or logos of their respective owners. We reserve all rights not expressly granted in and to the Website, the Application, and the Content. You may not download or save a copy of any of the Content or screens included in the Application for any purpose except as otherwise permitted by us. Please be advised that if you use the Application in any way other than as expressly permitted herein, you may be in violation of copyright and other laws of the United States, the UK or other countries, and may be held liable for such unauthorized use. Additionally, if you provide us with suggestions, comments or other feedback with respect to the Website or the Application (“Feedback”), any Feedback shall be considered our sole property and we will be free to adopt such Feedback for any of our products, including the Application, use it in any other manner, disclose, reproduce, license or otherwise distribute and exploit the Feedback provided to us as we see fit, without any obligation or restriction of any kind on account of intellectual property rights or otherwise. You hereby waive any right to the Feedback, including but not limited to moral rights and any right for royalties or any other consideration. Without derogating from the above, you hereby grant us a worldwide, irrevocable, non-exclusive, royalty-free, perpetual, sublicensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and implement any information and/or content that you post, disclose, publish or otherwise make available in the course of your use of the Application, the Services or the Website (including any customer forums or blogs), including without limitation for publishing and redistributing part or all of such information and/or content (and derivative works thereof) in any media formats and through any media channels, and you hereby waive any moral rights in such information and/or content, to the extent permitted by law.

EXCEPT AS OTHERWISE PROVIDED HEREIN, THE APPLICATION AND THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY AND ALL CONTENT, FUNCTIONS, MATERIALS AND SERVICES, ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE APP OR THE FUNCTION, CONTENT OR SERVICES MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT YOU WILL BE ABE TO REDEEM ANY AMOUNT ACCRUED UNDER YOUR ACCOUNT OR THAT ANY PRIZE PREVIOUSLY EARNED MAY BE REDEEMED AT THE TIME YOU WISH TO REDEEM IT. WE MAKE NO WARRANTY THAT THE APPLICATION WILL MEET ANY USERS' EXPECTATIONS OR REQUIREMENTS. WE DO NOT WARRANT THAT ALL USERS WILL HAVE ACCESS TO THE SAME FEATURES OR HAVE THE SAME EXPERIENCE WHEN USING OR ACCESSING THE APPLICATION OR SERVICES. WE DO NOT WARRANT THAT THE WEBSITE, THE APPLICATION OR ACCESS TO AND USE OF THE WEBSITE OR THE APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE APPLICATION WILL BE FREE FROM VIRUSES OR OTHER HARMFUL CODE. WE OFFER NO WARRANTY REGARDING THE RELIABILITY OF THE PERFORMANCE OF THE WEBSITE OR THE APPLICATION, INCLUDING WITHOUT LIMITATION ANY WARRANTY THAT THE WEBSITE OR APPLICATION, INCLUDING ANY ANTI-VIRUS OR ANTI-SPAM FEATURES, WILL DETECT, BLOCK OR PREVENT VIRUSES, SPAM OR OTHER HARMFUL OR UNWANTED CODE OR INTRUSIONS. YOU AGREE THAT WE WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES THAT MAY RESULT FROM TECHNICAL PROBLEMS INCLUDING, WITHOUT LIMITATION, IN CONNECTION WITH THE INTERNET (SUCH AS SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS) OR ANY TELECOMMUNICATIONS OR INTERNET PROVIDERS. IF YOU ARE DISSATISFIED WITH THE APPLICATION, YOUR SOLE REMEDY IS TO DISCONTINUE USING IT. 

In the event that applicable law does not allow the exclusion of certain warranties such specific exclusions may not apply.

NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS AND TO THE FULLEST EXTENT PERMISSIBLE BY LAW:IN NO EVENT SHALL SIMILARWEB, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR THIRD-PARTY SERVICE PROVIDERS BE LIABLE FOR: (I) ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES; (II) LOSS OF REVENUE, BUSINESS OR ANTICIPATED PROFITS; (III) ANY LOSS OF, OR DAMAGE TO, DATA, REPUTATION, REVENUE OR GOODWILL; OR (IV) THE COST OF USING SUBSTITUTE SERVICES. IN NO EVENT SHALL THE TOTAL LIABILITY OF SIMILARWEB, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR THIRD-PARTY SERVICE PROVIDERS, UNDER, OR OTHERWISE IN CONNECTION WITH THESE TERMS AND YOUR USE, OR INABILITY TO USE, THE APPLICATION, THE SERVICES OR THE WEBSITE, EXCEED IN THE AGGREGATE: US$100.00. THE FOREGOING EXCLUSIONS AND LIMITATIONS OF LIABILITY SHALL APPLY, EVEN IF SIMILARWEB, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, THIRD-PARTY SERVICE PROVIDERS OR ANY OF THE AFOREMENTIONED REPRESENTATIVES’ HAVE BEEN ADVISED OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. NO ACTION, REGARDLESS OF FORM, MAY BE BROUGHT BY YOU FOLLOWING THE EARLIER OF: (I) 12 MONTHS AFTER THE DATE ON WHICH YOU BECOME AWARE THAT A CAUSE OF ACTION HAS ARISEN; OR (II) THE PERIOD SET FORTH UNDER THE APPLICABLE STATUTE OF LIMITATIONS.

You hereby agree to defend, indemnify and hold Similarweb, its directors, officers, employees, agents and affiliates harmless from any and all third-party claims, liabilities, damages, costs and expenses, including reasonable attorney fees, in any way arising from, related to or in connection with your use of the Application or Website, your violation of the Terms or the posting or transmission of any materials on or through the Application by you, including, but not limited to, any third party claim that any information or materials you provided infringes any third party proprietary right.

Portions of the software upon which the Application is based may include third party open-source software that is subject to third party terms and conditions (“Third-Party Terms”). If there is a conflict between any Third-Party Terms and these Terms, then the Third-Party Terms shall prevail, solely in connection with the related third-party open-source software. Notwithstanding anything to the contrary, we make no warranty or indemnity hereunder with respect to any third-party open-source software.

• Third-Party Links and Content. The Website or Application may include links to or content provided by third parties, including links to the Cash Back Brand websites and content. We do not maintain or own this content and we do not imply approval, sponsorship, or endorsement of these third-party websites nor have we reviewed these websites. If you decide to leave our Website or Application to access third-party websites, you do so at your own risk. You agree that we do not assume responsibility for any products, content, services, websites, advertisements, offers, or information that is provided by third parties and made available through the Website or Application.
• App Stores. You acknowledge and agree that the availability of the Application is dependent on the third party from which you download the application, e.g., Google Play store (“Google Play”) or Apple Inc.'s ("Apple") App Store. In addition to these terms, you agree to comply with all applicable third-party terms of agreement (e.g., Google Play’s terms and policies or Apple's terms and policies) when using the Application. You acknowledge these Terms are entered into between you and Similarweb. Similarweb, not Google Play, is solely responsible for the Application and its content. Accordingly, we are responsible for providing any maintenance and support services with respect to the Application. User acknowledges that Google Play has no obligation whatsoever to furnish any maintenance and support services with respect to the Application.
• Google Play Users. To the extent you download the Application from Google Play, these additional terms will apply. By downloading the Platform from Google Play (or its successors) operated by Google, Inc. or one of its affiliates (“Google”), you specifically acknowledge and agree that: (i) to the extent of any conflict between these Terms and the Google Play Terms of Services and the Google Play Business and Program Policies or such other terms which Google designates as default end user license terms for Google Play (all of which together are referred to as the “Google Play Terms”), the Google Play Terms shall apply with respect to your use of the Application that you download from Google Play; and (ii) you hereby acknowledge that Google does not have any responsibility or liability related to compliance or non-compliance by us or you (or any other user) under these Terms or the Google Play Terms.
  

These Terms shall be governed by and construed in accordance with the laws of England and Wales without giving rise to any conflict of laws rules therein. The parties each expressly agree that the exclusive jurisdiction and venue for resolving any claim or dispute under these Terms shall be in the competent courts of England. The application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act is excluded from these Terms. Additionally, notwithstanding the foregoing, We reserve the right to seek injunctive relief in any court in any jurisdiction.

You can terminate your use of the Application or your use of the Services at any time by uninstalling the Application from your mobile device. We may terminate or suspend your Account or suspend your use of the Application or the Services at any time and without prior written notice, at our sole discretion, for any or no reason. We reserve the right to, in our sole discretion and without providing you with any notice, terminate your Account or cancel any of your Points (including the ability to redeem current Points you own) if we have determined at our sole discretion that you have committed any acts of fraud, have fraudulently earned any of such Points or have violated these Terms in any way. Additionally, we reserve the right, for any or no reason, in our sole discretion and without providing you with any prior notice, to terminate, change, suspend or discontinue any aspect of the Application, including, without limitation any of the Content or hours of availability, and we will not be liable to you or to any third-party for such changes or any consequences caused as a result of such changes. You will no longer continue to accrue additional Points in the event that your use of the Services has been terminated in accordance with these Terms nor will you be able to retrieve any accrued Points. Please contact us at: support@brandbee.io for inquiries as to why your Account has been terminated or for any other questions or requests related to your Points or your Point balance.

Notices to you may be made via email, regular mail or via the Application itself either through links or pop-up messages.

These Terms, and any rights granted hereunder, may not be transferred or assigned by you without our prior written consent. We may assign our rights or obligations hereunder without restriction.

We reserve the right to amend these Terms from time to time without providing you with any prior notice with respect to such amendment. Such amendments shall be effective once we publish them on the Application or the Website as shall be reflected in the “Last Amended” header of these Terms. By continuing to use the Application or the Services following any amendments hereof, you hereby agree to be bound by such amended Terms.

These Terms constitute the entire agreement between you and Similarweb in connection with BrandBee and govern your use of the Website, Application and the Services and supersede all prior agreements and representations related to the subject matter hereof. We reserve the right to discontinue or modify any aspect of the Website or the Application at any time. Section headings in these Terms are provided for convenience only and have no substantive effect on construction. You agree that nothing herein shall be construed as creating any joint venture, partnership, employment, or agency relationship between us and you as a result of this Agreement, your use of the Application or the Services. The failure of a party to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms shall remain in full force and effect.

Please contact us as follows with respect to any questions or concerns you may have in connection with these Terms, the Applications or our Services: Via Email: support@brandbee.io

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