Trial Terms Performance

Updated 27 June 2019


1. Definitions.

  • “Siteimprove”, “our”, “us”, or “we” refers to Siteimprove A/S, Sankt Annæ Plads 28, DK-1250 Copenhagen, Denmark.
  • “Customer”, “You” or “your” refers to the registered user of the Products.
  • “Terms” refers to these Terms and Conditions.
  • “Website” refers to and any subdomains thereunder.
  • “Device” refers to the hardware used to access the Products, including, but not limited to, computers, smart phones and tablets.
  • “Product” or “Products” refers to the service listed on the Website.

2. Acceptance of the Terms. These Terms are applicable to your use of the Products and you must agree to be bound by these Terms to receive access to the Products. These Terms are established when you check a checkbox stating that you have read and agreed to the Terms prior to submitting the request to receive a subscription-based access to the Product and the subsequent confirmation of that request by Siteimprove. Except as set forth in these Terms, existing customers’ subscription, use, and access to the Products are bound by the terms in the Agreement and the trial subscription to the Product does not in any way alter or affect an already existing subscription to other Siteimprove Services.

3. Use of the Product by Businesses Only. Siteimprove only offers business-to-business (B2B) products. The Product can only be used on websites owned or administered by Your business or organization. In the event of a breach of this Section 3, your right to use the Products will cease immediately.

4. Trial Subscription. Subscription to use the Product is free of charge and are offered on a trial basis. The trial subscription starts on the date of the confirmation of your request and lasts for 14 (fourteen) consecutive days. Upon expiration of your trial subscription, you will be offered to purchase a full subscription of the Product. By purchasing a full subscription, you will be able to keep your existing Product data and workflow. Customers not already part of an existing subscription to other Siteimprove Services can re-subscribe for a new trial subscription 90 (ninety) days after the day of expiration of your trial subscription.

5. Device Requirements. To access the Products, your Device must satisfy certain system requirements which are set forth here:

6. Ownership and License of the Products. Siteimprove owns and shall remain the sole owner of all intellectual property rights vested in the Product created prior to or during the performance by the parties of this Agreement. This ownership right includes any inventions, patents, utility model rights, copyrights, design rights, mask works, trademark rights, or knowhow, whether registered or not.

7. Right to Use. The right to use the Products is worldwide, revocable, non-exclusive, non-perpetual and non-transferable. Customer has no right to retain or to use the Product after expiration of the trial subscription. Customer can create an unlimited amount of users. You have no right to rent, lease, assign, transfer, sublicense, display or otherwise distribute or make the Products available to any third party. The Products may not be: (a) modified, incorporated into or combined with other software, or created as a derivative work; (b) used to process any confidential information; (c) relied upon or cited as any certification of adherence to any professional standard or governmental regulatory requirements; or (d) used for any illegal purpose. You may not modify, disassemble, decompile or otherwise reverse engineer the Products. 

8. Customer Owned Data. All data provided to Siteimprove through the use of the Product is and shall remain Customer property. Siteimprove does not sell or other way provide any information processed this way to any third party. To enable Siteimprove to provide Customer with the Product, and subject to these Terms, Customer hereby grants to Siteimprove a non-exclusive right to use and process data provided by Customer solely in connection with Siteimprove’s operation of the Product on Customer’s behalf. 

9. Disclaimer of Warranties. You expressly understand and agree that your use of the Products is at your sole risk and that the Products are provided “as is” and “as available” without warranty of any kind, including but not limited to any warranty with respect to its completeness, confidentiality, security, reliability, quality, accuracy or availability. You are solely responsible for any damage to your computer system or other device or loss of data that results from any use of the Products. Siteimprove further expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, and fitness for a particular purpose. 

10. Limitation of liability. You expressly understand and agree that, with the exception of fraud or gross negligence, Siteimprove shall not be liable to you under any theory of liability for any direct, indirect, incidental, consequential, punitive, or other special damages that may be incurred by you, including any loss of profits, business interruption, goodwill, loss of data/content or the restoration of any of those items, whether or not Siteimprove or its representatives have been advised of or should have been aware of the possibility of any such losses arising.

11. Indemnification. You agree to indemnify Siteimprove from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees, expenses, and costs) arising out of or relating to Your violation of these Terms and/or Your use of the Products.

12. Data Privacy. Any personal data processed by Siteimprove when performing the Included Services is processed according to the Customer's instructions and on its behalf. For more information about the processing activities, we refer to our Privacy Policy:

13. Termination. Siteimprove may terminate these Terms at any time with immediate effect if: (a) You have breached any term in these Terms; or (b) Siteimprove, in its sole discretion, chooses to no longer provide the Products. 

14. Disputes. For Customers based in APAC and Northern America these terms and any dispute in relation to the Product will be governed by and construed in accordance with the laws of Minnesota, the United States of America. In the event of any suit or proceeding arising out of or related to the Terms, the courts of Minneapolis, Minnesota will have exclusive jurisdiction. For Customers based in EMEA these terms and any dispute in relation to the Product will be governed by and construed in accordance with the laws of the Kingdom of Denmark. In the event of any suit or proceeding arising out of or related to this Agreement, the courts of the Kingdom of Denmark will have exclusive jurisdiction.

15. Relation to Other Documents. These Terms constitutes the entire agreement between the parties and supersedes any prior communications, commitments, or agreements, oral or written, with respect to the subject matter of these Terms. Any other standard or boilerplate terms and conditions included in any document provided by one party to another (e.g., click-wrap agreements and purchase orders) are not to be considered agreed upon and will not be binding on either party. Any changes or modifications to this Agreement must.