SoftwareAdvice General User Terms
Welcome to SoftwareAdvice. 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 SoftwareAdvice Inc., a company registered in Virginia (USA) with our registered office in New Zealand, and the Group Companies (together, “SoftwareAdvice” or “us”), and all users of the SoftwareAdvice Site and Services (“Sites and Services”) as to govern the access and the use of those Site and Services. Among other things, these General User Terms govern use of the Site and participation in the Reviews Program.
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 at least 7 days prior to any modifications which we reasonably consider may materially adversely affect you and you are encouraged to consult these General User Terms periodically to be aware of those changes. If we amend these terms and you do not agree to the new terms, you must immediately cease using our Sites and/or Services. Your use of our SoftwareAdvice 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:
For a glossary of definitions used in these General User Terms, please click here.
The Site and Services are intended solely for Users who are 18 years of age or older, and have the requisite legal and mental capacity in accordance with applicable laws. 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 and you have the requisite mental or legal capacity.
- Account Registration:
To the extent our Site and Services require a User Account:
For 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 fulfill 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 arising from 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, which infringes rights of any third party, including intellectual property rights, or is otherwise libelous, abusive, unlawfully disparaging, pedophilic, pornographic, obscene, invasive of another’s privacy, promotes illegal activities/conduct, violates local, state, national or other applicable laws or regulations, or does not comply with our Community Guidelines or is an opinion or belief which you do not hold or is untrue;
That you will not post or otherwise provide User Content that you do not have the right to make available under any applicable 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 utilize 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 authorization 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 of other Users without their consent for the purpose of transmitting unsolicited commercial mass mailings, “spamming” or for any other unlawful purpose;
That you will not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site;
That you will not attack our Site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence including in Australia under the Crimes Act 1914 (Cth) and/or the Criminal Code Act 1995 (Cth) . We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them; and
That you will not access our Site and Services by any means other than through interfaces expressly authorized 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 User 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. Nothing on our Sites and Services shall be construed as an endorsement of any third party software product or services. 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 information on our Site to show when a Reviewer has been offered a nominal incentive for submitting a 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 reviews team to verify their identity. While a Reviewer may choose not to share Personal Information with the public, we make reasonable efforts to verify their identity 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 Quality Assurance (QA) Verification Process, the guidelines each review must meet and the process for flagging reviews for investigation. As a neutral content platform, we will remove reviews that, at our discretion, do not meet our guidelines or do not comply with these General User Terms. 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,“Capterra IP”), is the intellectual property of Capterra, its Group Companies and/or its authorized licensors, and is protected by U.S., Australian, New Zealand and international copyright, trademark and other intellectual property laws. Users may use, view and download the Capterra IP for User’s personal, non-commercial use in accordance with these General User Terms, the Community Guidelines and applicable U.S., Australian, New Zealand, Singapore and international copyright, trademark and other intellectual property 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. You acknowledge that you have no right, title, interest in and to Capterra IP, and you agree not to challenge the validity of our ownership of or rights to them.
All intellectual property rights not expressly granted hereunder are expressly reserved to us. Do not post User 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”) or any Information on our Sites if you do not wish to grant the above rights.
User represents and warrants that User owns or has secured all necessary intellectual property rights in the User IP, and User further agrees to be liable for all such User IP. You acknowledge and agree that we will disclose your identity to any third parties who are claiming that any Content posted or uploaded by you to our Sites constitutes a violation of their intellectual property rights.
By posting User IP (including User Reviews) on our Sites or otherwise submitting User Content to us, User grants to us and our Group Companies, for the intellectual property rights protection period, a, worldwide, irrevocable, nonexclusive, royalty-free and fully sub-licensable right for us to use, reproduce, modify within the limits set by the Community 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 whole or in part, in the ordinary course of our business.
- Illegal Content Claims:
We respect the intellectual property rights of others and will not tolerate any infringing activity on our Sites that we know about.
If you want to report an illegal content to us so that we can remove it, please provide us with the following information:
Date of notification;
If you are a natural person: first name, surname, profession, address, nationality, date and place of birth; if you are a legal person: form of the legal person, name, address of the head office and the body legally representing the organization.
Name and address of the recipient, or if it is a legal person, the name and address of its head office;
Description of the facts and their precise localisation;
The reasons explaining why the content should be removed, including the legal grounds and their justification;
Copy of the correspondence sent to the author of the illegal content or activity asking for the removal or modification of the content or the justification of that the author could not be reach.
Your good faith statement that the use of the work or material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
A statement that the information in your notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of the allegedly infringed copyright.
We may request for additional information or documents as we deem fit to evaluate or take action on your complaint. We reserve the right to seek damages from any person who knowingly, materially submits a copyright notification claim under this section in violation of the law.
- Data Protection:
We endeavour through the use of industry standard technical, physical and operational controls to ensure that our Services and Site are compliant with all applicable laws.
- 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 fulfill 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.
If you are a consumer in Australia, you have rights under the Schedule 2 of the Competition and Consumer Act 2010 (Cth) (“Australian Consumer Law”). Nothing in these terms excludes or restricts those rights. Under the Australian Consumer Law, when a consumer acquires services, the services come with certain consumer guarantees, including that the services will be provided with due care and skill. You can obtain a remedy from a supplier of services if you are a consumer and the services do not comply with a consumer guarantee. Nothing in these terms affects these rights.
Subject to the above and to the maximum extent permitted by law, 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 of any kind, express or implied, including without limitation: any implied warranties of satisfactory quality, fitness for a particular purpose, custom, trade, quiet enjoyment, accuracy of informational content or system integration. To the maximum extent permitted by law, 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 Sites are accurate , complete, up-to-date or appropriate for you and your business needs.
Our Sites are directed to people residing in Australia, New Zealand or Singapore. We do not represent that content available on or through our Sites is appropriate for use or available in other locations.
- Limitation of liability
To the maximum extent permitted by law (including without limitation if you are a consumer in Australia the Competition and Consumer Act 2010 (Cth) and the Australia Consumer Law, contained in Schedule 2 of that Act as well as State and Territory consumer protection legislation), we will not be 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.
To the maximum extent permitted law, our and our Affiliates’ aggregate liability to any User whether in contract or tort or otherwise in connection with or arising out of these General Vendor Terms is limited to $100 (one hundred Australian Dollars, $100 New Zealand Dollars or $100 Singapore Dollars, depending on the location of the User). Except where our conduct has been fraudulent, we and our Affiliates expressly disclaim liability for any and all disputes arising between Vendors and Users of our Sites and Services. By accessing and using our Sites and Services, you release us and our Affiliates from any and all liability for any and all claims arising from disputes between you and any other Users of our Sites or Services.
User agrees to indemnify, defend and hold harmless us, our 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 material breach by Users or person acting on User’s behalf of these General User Terms or the Community Guidelines, except to the extent such losses and expenses are directly and solely caused by the willful 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 endeavor 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 to the extent resulting from a force majeure event beyond the reasonable control of a party, including without limitation, natural disasters, acts of God, war, terrorism, labor disputes and utility failures.
- Governing Law:
These General User Terms are governed by the laws of Virginia, except for its conflicts of interest principles. All claims arising out of or relating to these General User Terms will be litigated exclusively in the federal or state courts of Arlington County, Virginia, and each of Capterra and User consents to personal jurisdiction in those courts.
- Waiver & Severability:
A waiver of a right, power or remedy must be in writing and signed by the party giving the waiver. Any failure or delay by any party to exercise any power or right or rely on a remedy under these General User Terms does not operate as a waiver of that power, right or remedy. 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.
- Entire Agreement:
- Rights of Third Parties:
No third party has the right to enforce these General User Terms other than our Affiliates. In Singapore, except for Affiliates no third party shall have such right under the Contracts (Rights of Third Parties) Act (Cap.53B).
- Further assurances
User must promptly do all things necessary in order to give effect to this agreement, including executing and delivering documents.
This agreement may only be amended or replaced with the written agreement of Capterra.
Terms Last Updated: June 2020