Terms of Service
Startup Benchmarks collects Google Analytics data and data from other integrated service providers from the companies in our database ("Customers"). There are two types of Customer: "free tier", i.e., Customers not paying a monthly fee, and "paid tier", i.e., Customers paying to keep their dashboard private.
Free tier customers agree that StartupBenchmarks may share any portion of their site's Google Analytics and other integrated data ("Company Data"). Upon deleting their profile, StartupBenchmarks will remove that company's profile from our customer facing site. We will also cease collection of any subsequent Company Data. Historical Company Data that has already been used to create benchmarks will be retained in an anonymized format, by removing the company's name from the datapoints. This anonymized data may retain information about the company, including any tags associated with that company prior to deleting the profile. StartupBenchmarks is not liable for any damages to the
For full information on how StartupBenchmarks uses and stores your company's data, please email a request to firstname.lastname@example.org.
We (the folks at StartupBenchmarks) run a website called Startup Benchmarks and would love for you to use it. StartupBenchmarks provides companies with benchmark data to compare their growth and performance against other companies like them. StartupBenchmarks collects data including but not limited to Google Analytics data from websites. StartupBenchmarks.com's basic service is free and we publish data for companies using the free tier publicly on our website. We offer paid upgrades for advanced features such as a private company profile, which we do not publish publicly. We also publish benchmarks based on aggregate data across multiple startups in similar industries and of similar sizes.
- Your StartupBenchmarks.com Account and Website. If you create a company profile on StartupBenchmarks.com, you are responsible for the information you provide and we publish. StartupBenchmarks will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
- Responsibility of StartupBenchmarks Customers. If you add your company to StartupBenchmarks.com, you are entirely responsible for content you submit and any data integrations (together, "Company Data") you authorize us to use, and any harm resulting from, that Company Data on our website. That is the case regardless of what form the Company Data takes, which includes, but is not limited to text, photo, or analytics data about your company retrieved from third-party websites. By submitting Company Data to StartupBenchmarks for inclusion on your website, you grant StartupBenchmarks a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Company Data. If you delete Company Data or ask us to delete your company, StartupBenchmarks will use reasonable efforts to remove it from StartupBenchmarks.com, but you acknowledge that caching or references to the Company Data may not be made immediately unavailable. When deleting Company Data, StartupBenchmarks reserves the right to retain historical Company Data that has been anonymized by removing your company name. Without limiting any of those representations or warranties, StartupBenchmarks has the right (though not the obligation) to, in StartupBenchmarks’s sole discretion, (i) reclaim your username or website's URL due to prolonged inactivity, (ii) refuse or remove any content that, in StartupBenchmarks’s reasonable opinion, violates any StartupBenchmarks policy or is in any way harmful or objectionable, or (iii) terminate or deny access to and use of StartupBenchmarks.com to any individual or entity for any reason. StartupBenchmarks will have no obligation to provide a refund of any amounts previously paid.
- Payment and Renewal.
- General Terms. Optional paid services such as StartupBenchmarks Pro are available (any such services, an "Upgrade"). By selecting an Upgrade you agree to pay StartupBenchmarks the monthly or annual subscription fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. We do not offer refunds on already processed payments.
- Automatic Renewal. Unless you notify StartupBenchmarks before the end of the applicable subscription period that you want to cancel an Upgrade, your Upgrade subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such Upgrade (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time in the Upgrades section of your website's dashboard.
StartupBenchmarks has not reviewed, and cannot review, all of the material, including computer software, posted to our Services, and cannot therefore be responsible for that material's content, use or effects. By operating our Services, StartupBenchmarks does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful, or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Our Services may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. Our Services may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. StartupBenchmarks disclaims any responsibility for any harm resulting from the use by visitors of our Services, or from any downloading by those visitors of content there posted.
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which StartupBenchmarks.com links, and that link to StartupBenchmarks.com. StartupBenchmarks does not have any control over those non-StartupBenchmarks.com websites, and is not responsible for their contents or their use. By linking to a non-StartupBenchmarks.com website, StartupBenchmarks does not represent or imply that it endorses such website. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. StartupBenchmarks disclaims any responsibility for any harm resulting from your use of non-StartupBenchmarks.com websites and webpages.
As StartupBenchmarks asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by StartupBenchmarks.com violates your copyright, you are encouraged to notify StartupBenchmarks in accordance with [StartupBenchmarks's Digital Millennium Copyright Act ("DMCA") Policy](http://startupbenchmarks.com/dmca-notice/). StartupBenchmarks will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. StartupBenchmarks will terminate a visitor's access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of StartupBenchmarks or others. In the case of such termination, StartupBenchmarks will have no obligation to provide a refund of any amounts previously paid to StartupBenchmarks.
This Agreement does not transfer from StartupBenchmarks to you any StartupBenchmarks or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with StartupBenchmarks. StartupBenchmarks, StartupBenchmarks.com, the StartupBenchmarks.com logo, and all other trademarks, service marks, graphics and logos used in connection with StartupBenchmarks.com or our Services, are trademarks or registered trademarks of StartupBenchmarks or StartupBenchmarks's licensors. Other trademarks, service marks, graphics and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any StartupBenchmarks or third-party trademarks.
We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. If we make changes that are material, we will let you know by posting on one of our blogs, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.
StartupBenchmarks may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your StartupBenchmarks.com account (if you have one), you may simply discontinue using our Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability
Our Services are provided "as is." StartupBenchmarks and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither StartupBenchmarks nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk
In no event will StartupBenchmarks, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to StartupBenchmarks under this agreement during the twelve (12) month period prior to the cause of action. StartupBenchmarks shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law
You agree to indemnify and hold harmless StartupBenchmarks, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of our Services, including but not limited to your violation of this Agreement
This Agreement constitutes the entire agreement between StartupBenchmarks and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of StartupBenchmarks, or by the posting by StartupBenchmarks of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of our Services will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in San Francisco County, California. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. ("JAMS") by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in San Francisco, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys' fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; StartupBenchmarks may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns