These General User Terms (“General User Terms” or “User Terms”) are entered into and agreed to by Nubera eBusiness S.L., a subsidiary of Gartner Inc. and the Group Companies (together, “GetApp” or “us”), and all users of the GetApp 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.
Users to whom these General User Terms apply may include, without limitation: potential software buyers, software vendors, software reviewers, industry insiders and media relations professionals, all acting in the framework of their business, industrial, artisanal or liberal activity (each a “User” or “You”).
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 and you are encouraged to consult these General User Terms periodically to be aware of those changes. Your use of our GetApp Sites and/or Services after such notice has posted constitutes your acceptance of the updated General User Terms.
Definitions: For a glossary of definitions used in these General User Terms, please click here.
Eligibility: The Site and Services are intended solely for Users who are 18 years of age or older. 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.
For guidance on 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 fulfil your contractual obligations hereunder;
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 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. 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 clear notice on our Site when a reviewer has been offered a nominal incentive for submitting an honest 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 Quality Assurance team to verify their identity. While a reviewer may choose not to share Personal Information with the public, their identity is always verified by our Quality Assurance team 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 QA process, the guidelines each review must meet and the process for flagging reviews for investigation. As a neutral content platform, we will only remove reviews that, at our discretion, do not meet our guidelines. 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, “Getapp IP”), is the property of GetApp, its Group Companies and/or its authorised licensors, and is protected by U.S. and international copyright, trademark and other intellectual property laws.
We and our Group Companies grant to User a worldwide, revocable, royalty-free, for the duration of access to the User Account, non-exclusive license to use, view and download the GetApp IP for User’s personal, non-commercial use in accordance with these General User Terms and applicable U.S. and international copyright 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 GetApp IP without the express written consent of GetApp or the applicable copyright owner.
User certifies that User owns or has secured all necessary intellectual property rights in the 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”), and User further agrees to be liable for all such User IP.
By posting User Content (including User Reviews) on our Site or otherwise submitting User Content to us, User grants to us, our Group Companies , for the intellectual property rights protection period, a, worldwide, irrevocable, nonexclusive, royalty-free and fully sub-licensable right to use, reproduce, modify within the limits set by the 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 the ordinary course of our business.
All intellectual property rights not expressly granted hereunder are expressly reserved to us.
Illegal Content Claims: If you want to report an illegal content to us so that we can remove it, please provide us with the following information:
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 fulfil 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.
Disclaimer: 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, REPRESENTATIONS, TERMS OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION: ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, , TRADE, QUIET ENJOYMENT, ACCURACY OF INFORMATIONAL CONTENT OR SYSTEM INTEGRATION. 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 SITE IS ACCURATE OR APPROPRIATE FOR YOU AND YOUR BUSINESS NEEDS.
Limitation of liability Neither us or the User will be held 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. Except for breach of the indemnification section, the total responsibility of any party to the other, for indirect damages and under these current User Terms is limited to 100 USD (one-hundred US dollars). We and the Group Companies expressly decline any liability regarding the disputes between two Users of our Site or Services.
Indemnification: Each party to these General User Terms (in its capacity as “Indemnitor”) agrees to indemnify, defend and hold harmless the other party, its 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 violation of these General User Terms, except to the extent such losses and expenses arise from the negligence or wilful 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 endeavour 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 resulting from a force majeure event beyond the reasonable control of a party, including without limitation, natural disasters, acts of God, government regulations, war, terrorism, labor disputes and power failures.
Governing Law: These General User Terms are governed by the laws of Barcelona, Spain 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 courts and tribunals of Barcelona, Spain, and each of GetApp and User consents to personal jurisdiction in those courts.
Waiver & Severability: Our failure to act with respect to a breach of these General User Terms will not constitute a waiver and does not waive our right to act with respect to subsequent or similar breaches. 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.
Rights of Third Parties: Unless expressly provided herein, no term of these User Terms is enforceable pursuant to the Contracts (Rights of Third Parties) Act 1999 by any person who is not a party to these User Terms.