Except for certain types of disputes described in the arbitration agreement section below, you agree that disputes between you and us will be resolved by binding, individual arbitration, and you waive your right to participate in a class action lawsuit or class-wide arbitration.
Your Competitor Research account
1.1 Using Competitor Research
You may be required to sign up for an account, set a password, and associate an email address with the account. You promise to give us accurate, complete, and up-to-date information about yourself. You may not use an account name or alias you don’t have the right to use, or impersonate another person. You may not transfer your account without our prior written permission. If you sign up for an account, you may receive transactional emails and occasional product updates from us, you can unsubscribe from marketing emails at any time using the link in the email or by contacting support@competitoresearch.com.
You may sign in with a third-party identity provider such as Google or Microsoft (each, a “Third Party Account”). If you do, you permit us to access the information from that account that the provider shares with us (typically your name, email, and profile photo). You control how much information is accessible to us via your provider’s privacy settings.
You represent and warrant that you are at least 18 years old and have the legal capacity to enter a binding contract. If you’re agreeing to these Terms on behalf of an organization, you represent and warrant that you are authorized to do so and to bind that organization to these Terms, in which case “you” and “your” refer to that organization.
You will comply with all laws that apply to you and to your use of the Services. If your use of the Services is prohibited by applicable law, then you aren’t authorized to use them. We can’t and won’t be responsible for your use of the Services in ways that break the law.
You will not share your credentials with anyone. You must protect the security of your account and any other access tools. You are responsible for all activity associated with your account, and you must tell us immediately at security@competitoresearch.comif you believe it’s been compromised.
1.2 Team workspaces
Competitor Research can be used individually or as part of a team workspace. If your account is part of a workspace your employer or another organization set up, that organization is our customer and controls the workspace, including which members can join, what data they can see, and when their access ends. We process content in a workspace on behalf of that organization. When we refer to “you” in these Terms, it includes both individual users and the organization that owns the workspace, as context requires.
If you invite teammates, you’re responsible for making sure they have the rights to access the workspace and the data inside it. Workspace admins can see usage information about members, can remove members at any time, and are responsible for administering the workspace (billing, seats, roles, data retention settings).
1.3 Children’s Online Privacy Protection Act
The Children’s Online Privacy Protection Act (“COPPA”) requires online service providers to obtain parental consent before knowingly collecting personally identifiable information online from children under 16. We do not knowingly collect or solicit personally identifiable information from children under 16. If you are under 16, please do not attempt to register for or use the Services or send us any personal information. If we learn we have collected personal information from a child under 16, we will delete it as quickly as possible. If you believe a child under 16 may have provided us personal information, please contact us at privacy@competitoresearch.com.
Restrictions in using Services
You represent, warrant, and agree that you will not provide or contribute anything, including any Content or User Submission (as defined below), to the Services, or otherwise use or interact with the Services, in a manner that:
- infringes or violates the intellectual property rights or any other rights of anyone else (including those of Competitor Research);
- violates any law or regulation, including, without limitation, applicable export control laws, privacy laws, anti-spam laws, or any other purpose not reasonably intended by Competitor Research;
- is dangerous, harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
- jeopardizes the security of your account or anyone else’s (such as allowing someone else to log in as you);
- attempts, in any manner, to obtain the password, account, or other security information from any other user;
- violates the security of any computer network, or cracks any passwords or security encryption codes;
- runs any form of auto-responder or “spam” on the Services, or any processes that run while you are not logged in to the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);
- “crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through manual or automated means), beyond the access permitted by your plan;
- copies, redistributes, or stores a significant portion of the Content outside your own use of the Services;
- decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services;
- uses the Services to build a competing product, to benchmark against us, or to train a machine-learning model, in each case without our prior written consent;
- violates any contract, confidentiality obligation, or duty you owe to a third party, including employment agreements, non-disclosure agreements, or any other binding legal agreements.
A violation of any of the foregoing is grounds for termination of your right to use or access the Services.
Terms specific to workspace admins
If you administer a workspace, you are responsible for the members you add, the roles you assign, and the content those members put into the workspace. You must have all necessary rights and permissions to share any data you or your members import into the Services, and you must tell your members clearly how the workspace is being used and what is visible to you as the admin.
Workspace admins must maintain the security of their workspace credentials, review access regularly, and promptly remove members who should no longer have access. When a member leaves your organization, you are responsible for revoking their access.
Every workspace on a paid plan is covered by an Order Form or online signup that forms part of these Terms. Any additional agreement entered into between your organization and Competitor Research (for example, a Data Processing Addendum, a master subscription agreement, or SOC-2 paperwork) is also incorporated by reference and governs the workspace alongside these Terms.
Ethical research obligations
Competitor Research lets you monitor and analyze publicly available information about other companies. You hereby represent and warrant that you will use the Services only to collect, monitor, and analyze information that is made publicly available by its owner or that you are otherwise legally entitled to access. You will not use the Services to:
- access systems, networks, or data without authorization;
- harass, stalk, or target any individual in a way that a reasonable person would consider harmful;
- bypass a target website’s terms of use, authentication, rate limits, or technical access controls;
- resell, repackage, or publicly distribute the underlying content we collect on your behalf in a way that competes with the original publisher, without the publisher’s consent;
- infringe anyone’s intellectual property, trade secrets, or confidential information.
You are solely responsible for ensuring that your use of the Services complies with the terms of the third-party websites and services you monitor. We provide tools; you make the choices.
Rights in Services
The materials displayed, performed, or available on or through the Services, including text, graphics, data, articles, photos, images, illustrations, User Submissions (as defined below), and so on (collectively, the “Content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services. You won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize, or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner, or (ii) in a way that violates someone’s (including Competitor Research’s) rights.
Subject to these Terms, we grant each user of the Services a worldwide, non-exclusive, non-sublicensable, non-transferable license to use (i.e., to download and display locally) Content solely for purposes of using the Services. Use, reproduction, modification, distribution, or storage of any Content for any purpose other than using the Services is expressly prohibited without our prior written permission. You understand that Competitor Research owns the Services. You will not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided here), create derivative works based on, or otherwise exploit any part of the Services.
Licenses to Competitor Research or other users
6.1 User Submissions
Anything you post, upload, share, store, or otherwise provide through the Services is your “User Submission.” Some User Submissions may be viewable by other members of your workspace. You are solely responsible for all User Submissions you contribute to the Services. You represent that all User Submissions you submit are accurate, complete, up-to-date, and in compliance with all applicable laws.
You agree you will not submit any User Submissions that:
- infringe any third party’s copyrights or other rights;
- contain sexually explicit content, pornography, or content that exploits minors;
- are hateful, defamatory, or discriminatory, or that incite hatred against any individual or group;
- depict unlawful acts or extreme violence;
- promote fraudulent schemes, multi-level marketing schemes, or other dubious money-making ventures; or
- otherwise violate any law.
6.2 Licenses you grant us
In order to display your User Submissions in the Services and to deliver the Services to you, you grant us certain rights in those User Submissions. The licenses below are subject to our Privacy Policy.
By submitting User Submissions through the Services, you hereby grant Competitor Research a worldwide, non-exclusive, royalty-free, sublicensable license, for as long as you use the Services and for a reasonable period after, to host, store, transmit, edit, modify, aggregate, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions, in each case solely as necessary to operate, support, and improve the Services for you and your workspace. We will not sell your User Submissions. We will not use your User Submissions to train third-party generative models. Where we use machine learning inside the product, we route customer data through vendors under zero-retention agreements so prompts and outputs are not retained beyond the request.
You represent and warrant that you have all the rights necessary to grant the licenses above without infringement or violation of any third-party rights, including privacy rights, publicity rights, copyrights, trademarks, contract rights, or other intellectual property or proprietary rights.
You understand and agree that Competitor Research, in performing the required technical steps to provide the Services, may need to make changes to your User Submissions to conform them to the technical requirements of connection networks, devices, services, or media, and the foregoing license includes the rights to do so.
Services that infringe my copyright
In accordance with the Digital Millennium Copyright Act (“DMCA”), we’ve adopted the following policy toward copyright infringement. We reserve the right to (1) block access to or remove material that we believe in good faith to be copyrighted material that has been illegally copied and distributed by any of our users, and (2) remove and discontinue service to repeat offenders.
7.1 Procedure for reporting copyright infringements
If you believe that material or content residing on or accessible through the Services infringes your copyright (or the copyright of someone you’re authorized to act on behalf of), please send a notice of copyright infringement containing the following information to our Designated Agent (contact details below):
- a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has allegedly been infringed;
- identification of the works or materials being infringed;
- identification of the material claimed to be infringing, including information regarding the location of the infringing materials, in sufficient detail so that we are capable of finding and verifying its existence;
- contact information about the notifier, including address, telephone number, and, if available, email address;
- a statement that the notifier has a good-faith belief that the material identified is not authorized by the copyright owner, its agent, or the law; and
- a statement made under penalty of perjury that the information provided is accurate and that the notifying party is authorized to make the complaint on behalf of the copyright owner.
Upon receipt of a proper notice of copyright infringement, we reserve the right to:
- remove or disable access to the infringing material;
- notify the content provider accused of infringement that we have removed or disabled access to the material; and
- terminate that content provider’s access to the Services if they are a repeat offender.
7.2 Procedure to supply a counter-notice
If the content provider believes the material that was removed is not infringing, or that they have the right to post and use the material from the copyright owner or pursuant to law, the content provider may send us a counter-notice containing the following information to the Designated Agent:
- a physical or electronic signature of the content provider;
- identification of the material that has been removed and the location at which the material appeared before removal;
- a statement that the content provider has a good-faith belief that the material was removed as a result of mistake or misidentification;
- the content provider’s name, address, telephone number, and, if available, email address, and a statement that they consent to the jurisdiction of the federal court for the judicial district in which their address is located, or, if outside the United States, for any judicial district in which Competitor Research is located, and that they will accept service of process from the party who provided notification of the alleged infringement.
Please contact our Designated Agent at legal@competitoresearch.com.
Responsibility for what I see and do on Services
Any information or Content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom it originated. You access all such information and Content at your own risk, and we aren’t liable for any errors or omissions or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret or use the Content, and you hereby release us from all liability for having acquired or not acquired Content through the Services.
You are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant that you have all rights necessary to do so.
The Services may contain links or connections to third-party websites or services that are not owned or controlled by Competitor Research. We have no control over, and assume no responsibility for, the content, accuracy, privacy policies, or practices of, or opinions expressed in, any third-party websites or services. By using the Services, you release and hold us harmless from any liability arising from your use of any third-party website or service.
If there is a dispute between users of the Services, or between users and any third party, you agree that Competitor Research is under no obligation to become involved. You release Competitor Research, its directors, officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, arising out of or related to such disputes and/or our Services.
Changes to Services
We’re always trying to improve our Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We reserve the right to remove any Content from the Services at any time, in our sole discretion, and without notice, including if someone alleges you contributed that Content in violation of these Terms. For material, adverse changes we’ll give paid customers reasonable advance notice.
Service costs
Some parts of the Services are free. Others are paid (the “Paid Services”). Please see our pricing page or your Order Form for a description of current Paid Services. Any payment terms presented to you in the process of using or signing up for a Paid Service are part of these Terms.
We use a third-party payment processor (the “Payment Processor”) to bill you through a payment account linked to your account on the Services (your “Billing Account”). The processing of payments is subject to the terms, conditions, and privacy policies of the Payment Processor in addition to these Terms. Currently we use Stripe, Inc. You can access Stripe’s Terms of Service at stripe.com/us/checkout/legal and their Privacy Policy at stripe.com/us/privacy. We are not responsible for any error by, or other acts or omissions of, the Payment Processor.
10.1 Payment method
The terms of your payment are based on your chosen payment method and may be determined by agreements between you and the financial institution, card issuer, or other provider of your payment method. If we do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand.
10.2 Current information required
You must provide current, complete, and accurate information for your Billing Account and promptly update that information to keep it current (for example, when your billing address or card expiration date changes). You must promptly notify us or our Payment Processor if your payment method is canceled or if you become aware of a potential breach of security, such as the unauthorized disclosure or use of your username or password. Changes can be made by contacting support@competitoresearch.com.
10.3 Change in amount authorized
If the amount to be charged to your Billing Account varies from the amount you pre-authorized (other than due to the imposition or change in the amount of state sales taxes), you have the right to receive, and we will provide, notice of the amount to be charged and the date of the charge before the scheduled date of the transaction. Any agreement you have with your payment provider will govern your use of your payment method. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.
Stopping Services
You’re free to stop using the Services at any time from your account settings or by emailing support@competitoresearch.com. Please review our Privacy Policy and the licenses above to understand how we treat information you provide after you’ve stopped using our Services.
Competitor Research is also free to terminate (or suspend access to) your use of the Services or your account for any reason in our discretion, including your breach of these Terms. We have the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.
Account termination may result in the destruction of any Content associated with your account, so keep that in mind before you decide to terminate. If you have deleted your account by mistake, contact us immediately, we’ll try to help, but we can’t promise that we can recover or restore anything.
Provisions that, by their nature, should survive termination of these Terms will survive. By way of example, all of the following will survive: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes, including the arbitration agreement.
Referring other users
From time to time Competitor Research may offer rewards or incentives for referring others to the Services. Referrers may refer individuals or entities who are neither current customers of Competitor Research nor registered users of the Services. There is no cap on the number of eligible referrals unless otherwise stated. All referees must be first-time recipients of the offer; multiple referrals to the same individual or entity will be disregarded. We reserve the right to modify, suspend, or terminate any referral offer at any time and to revoke rewards if we determine that a referrer or referee is attempting to obtain an unfair advantage or otherwise violate the terms or spirit of the offer.
Miscellaneous
Warranty disclaimer
Competitor Research and its licensors, suppliers, partners, parent, subsidiaries, or affiliated entities, and each of their respective officers, directors, members, employees, consultants, contractors, representatives, and agents, and each of their respective successors and assigns (collectively, the “Competitor Research Parties”) make no representations or warranties concerning the Services, including regarding any Content contained in or accessed through the Services. The Competitor Research Parties will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. The Services and Content are provided on an “as-is” basis, without warranties of any kind, either express or implied, including implied warranties of merchantability, fitness for a particular purpose, non-infringement, or that use of the Services will be uninterrupted or error-free. Some states do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you.
Limitation of liability
To the fullest extent allowed by applicable law, under no circumstances and under no legal theory (including tort, contract, strict liability, or otherwise) will any of the Competitor Research Parties be liable to you or to any other person for (a) any indirect, special, incidental, punitive, or consequential damages of any kind, including damages for lost profits, business interruption, loss of data, loss of goodwill, work stoppage, accuracy of results, or computer failure or malfunction; (b) any substitute goods, services, or technology; (c) any amount, in the aggregate, in excess of the greater of (i) one hundred dollars ($100) or (ii) the amounts paid and/or payable by you to Competitor Research in the twelve (12) months preceding the applicable claim; or (d) any matter beyond our reasonable control.
Indemnity
You agree to indemnify and hold the Competitor Research Parties harmless from and against any and all claims, liabilities, damages (actual and consequential), losses, and expenses (including attorneys’ fees) arising from or related to (a) your use of the Services (including any actions taken by a third party using your account) and (b) your violation of these Terms.
Assignment
You may not assign, delegate, or transfer these Terms, your rights or obligations under them, or your account, in any way (by operation of law or otherwise) without our prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
Choice of law
These Terms are governed by and will be construed under the Federal Arbitration Act, applicable federal law, and the laws of the State of Delaware, without regard to its conflicts-of-laws provisions.
Arbitration agreement
Please read the following carefully because it requires you to arbitrate certain disputes and claims with Competitor Research and limits the manner in which you can seek relief from Competitor Research. Competitor Research’s officers, directors, employees, and independent contractors (“Personnel”) are third-party beneficiaries of these Terms and have the right to enforce these Terms against you.
- Arbitration rules. The parties will use their best efforts to settle any dispute directly through good-faith negotiations, which is a precondition to either party initiating arbitration. If negotiations do not resolve the dispute, it will be finally settled by binding arbitration in Wilmington, Delaware. The arbitration will proceed in English, under the JAMS Streamlined Arbitration Rules and Procedures then in effect, by one arbitrator with substantial experience resolving commercial disputes. Judgment upon the award may be entered in any court of competent jurisdiction.
- Costs of arbitration. The Rules will govern payment of arbitration fees. For claims less than ten thousand dollars ($10,000), Competitor Research will pay all arbitration fees. Competitor Research will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines your claim is frivolous.
- Small claims court; infringement. Either party may assert claims that qualify in small claims court in Wilmington, Delaware, or any United States county where you live or work. Notwithstanding the obligation to arbitrate, each party may pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction, to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
- Waiver of jury trial. YOU AND COMPETITOR RESEARCH WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. You and we are instead choosing to have claims and disputes resolved by arbitration, which is typically more limited, more efficient, and less costly than court procedures.
- Waiver of class or consolidated actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. Claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user. If this waiver is deemed invalid or unenforceable, neither you nor we are entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth below.
- Opt-out. You have the right to opt out of this arbitration agreement by sending written notice to legal@competitoresearch.com within thirty (30) days of first accepting these Terms. Your notice must include (i) your name and residence address, (ii) the email address and/or telephone number associated with your account, and (iii) a clear statement that you want to opt out of the arbitration agreement.
- Exclusive venue. Where the arbitration agreement above permits either party to litigate in court, both parties agree that any judicial proceeding (other than small claims actions) will be brought exclusively in the state or federal courts located in Wilmington, Delaware.
- Severability. If the prohibition against class actions and other claims brought on behalf of third parties is found to be unenforceable, then all of the preceding language in this Arbitration Agreement section will be null and void. This arbitration agreement will survive the termination of your relationship with Competitor Research.
Taxes, waiver, and the whole agreement
You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services. The failure of either party to exercise, in any way, any right here shall not be deemed a waiver of any further rights. If any provision of these Terms is found unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, so that these Terms otherwise remain in full force and effect. You and we agree that these Terms are the complete and exclusive statement of the mutual understanding between us, and supersede and cancel all previous written and oral agreements, communications, and other understandings relating to their subject matter. You acknowledge that you are not an employee, agent, partner, or joint venturer of Competitor Research, and you do not have any authority to bind Competitor Research in any respect whatsoever.
Questions?
Reach us at legal@competitoresearch.com and we'll come back within two business days.
