These Semrush Custom Reports Marketplace Terms of Use ("Marketplace Terms") apply in addition to the Semrush Terms of Service available at https://www.semrush.com/company/legal/terms-of-service/ which are incorporated herein by this reference ("Semrush Terms of Service"), with regard to your use of the Custom Report Marketplace (as defined hereinafter). By registering for the Custom Report Marketplace or by accessing or using the Custom Report Marketplace, you acknowledge that you have read, understood, and agree to be bound by these Marketplace Terms. Capitalized terms not defined herein shall have the meanings assigned to them in the Semrush Terms of Service. In the event of any conflict between these Marketplace Terms and the Semrush Terms of Service, these Marketplace Terms shall prevail solely with respect to the Custom Report Marketplace.

PLEASE READ THESE MARKETPLACE TERMS CAREFULLY. IF YOU DO NOT AGREE WITH THESE MARKETPLACE TERMS, YOU MAY NOT USE THE MARKETPLACE SERVICE.

1. CUSTOM REPORT MARKETPLACE

1. Definitions

   1. "Custom Report" means a report which Semrush makes available through the Custom Report Marketplace or otherwise and which contains Data based on parameters made available by Semrush and selected by you when you place a Request for such Custom Report and any Insights if applicable.
   2. "Data" means data about websites and keywords in Semrush’s proprietary domain and keyword index.
   3. "Custom Report Marketplace" means the provision of access to Semrush’s Custom Reports ordering services as described more fully at the Marketplace Website.
   4. "Insights" means additional clarifications to the Data in your Custom Report which Semrush chooses to be generally available through the Custom Reports Marketplace.
   5. "Marketplace Website" means website available at https://www.semrush.com/company/custom_report/ or another URL we designate.
   6. "Request" means a request for a Custom Report placed by you at the Marketplace Website or otherwise.
   7. "Order Form" means the written order referencing these Marketplace Terms which Semrush provides to you after you submit a Request for a Custom Report on the Marketplace Website.

2. Right to Use the Custom Report Marketplace.

   Semrush hereby grants you permission to access and use the Custom Report Marketplace and place Requests for Custom Reports in accordance with these Marketplace Terms.

3. Rights in Data.

   Semrush hereby grants you, and you hereby accept, a limited, non-exclusive, nontransferable right to receive, retain and use the Data as set forth in the Order Form subject to and in accordance with these Marketplace Terms. Semrush retains all rights not expressly granted to you under these Marketplace Terms.

4. Restrictions.

   Except as expressly provided in these Marketplace Terms, you may not, directly or indirectly, (a) sublicense, resell, rent, lease, transfer, assign, time share or otherwise commercially exploit or make the Data or any portion thereof available to any third party; (b) use the Data for any purpose or in any manner that is unlawful (including without limitation in violation of any data, privacy, anti-bribery or export control laws) or to compete with any of Semrush service or is prohibited by these Marketplace Terms; (c) read or attempt to read or derive the source code from the Data or the software underlying the Data (except as permitted by law); (d) work around any technical limitations in the Data; (e) interfere or attempt to interfere with or disrupt the integrity, security, functionality or performance of the Data or its components; (f) use the Data in any manner that damages or impairs the Marketplace Website or interferes with any other party’s use of the Data; (g) modify, translate, adapt, create or attempt to create any derivative works of the Data; (h) access the Data if you are a competitor of ours or use the Data to build a similar or competitive work; (i) hack or otherwise attempt to gain unauthorized access to the Data or its related systems or networks. You will promptly notify SEMrush if you learn of any unauthorized use or breach of security related to the Data. You may not use the Data if you are legally prohibited from receiving or using the Data under the laws of the country in which you are resident or from which you access or use the Data.

5. Use of Your Data.

   By using the CRM Marketplace, you authorize us to obtain, process, store, use and transmit your personal data in accordance with our Privacy Policy, accessible at https://www.semrush.com/company/legal/privacy-policy/ or another URL we designate, which forms an integral part of these Marketplace Terms.

2. ORDERING AND DELIVERY

1. To submit a Request for a Custom Report you must first fill in the appropriate form available on the Marketplace Website and click “Submit Request”
2. Your Request will be transmitted to Semrush who will provide you with an Order Form requesting information and containing a proposed scope. Such Order Form shall be subject to these Marketplace Terms.
3. When you confirm the Order Form in writing by email to Semrush, a custom payment link will be sent to you. By making the payment via the custom payment link, you accept the Marketplace Terms and the terms of the Order Form. When making payment via the custom payment link, you must provide accurate and complete billing and other information as requested by Semrush. Semrush may reject any Request or Order Form at any time prior to payment in its sole discretion.
4. Custom Report will be delivered to you at the e-mail address you indicated when submitting the Request within 2-3 business days after the payment is received by Semrush. Semrush reserves the right to extend the aforementioned term at its sole discretion if your Request is complex and requires additional clarifications.

3. FEES AND SETTLEMENT

1. Fees. You agree to pay the fees for the Custom Report (the “Custom Report Fees”) as set forth on the Marketplace Website and in the Order Form. Unless otherwise specified in an Order Form, Custom Report Fees shall be payable by credit card or another payment method acceptable by Semrush. Except as otherwise set forth in the Order Form, all payment obligations are non-cancellable, and all Fees paid are non-refundable.
2. Taxes. Custom Report Fees are exclusive of taxes, which we will charge as applicable. You agree to pay any taxes applicable to your purchase of a Custom Report, other than taxes based upon our gross revenues or net income. If you are located in the European Union, Custom Report Fees are exclusive of VAT and you represent that you are registered for VAT purposes in your member state. At our request, you will provide us with the VAT registration number under which you are registered in your member state. If you do not provide us with a VAT registration number prior to your transaction being processed, we will not issue refunds or credits for any VAT that was charged. If you are subject to GST, Custom Report Fees are exclusive of GST. If you are required to deduct or withhold any tax, you must pay the amount deducted or withheld as required by law and pay us an additional amount so that we receive payment in full as if there were no deduction or withholding.
3. Changes in Custom Report Fees. We may change the Custom Report Fees and introduce new charges applicable to Custom Reports, which (unless otherwise agreed in writing with SEMrush) will become effective as of the first day of the renewal of your Subscription Term. We may increase the Fees upon notice if we make changes to the Custom Report at your request.

4. OWNERSHIP AND INTELLECTUAL PROPERTY

All rights, title, and interest in and to the Data, the Custom Report, and the Marketplace Website, including the technology underlying each of them, all modifications and any work product we create relating thereto, and all intellectual property rights in each of the foregoing, including, without limitation, patent, copyright, trademark, database rights, moral rights, rights in know-how and trade secrets (and any licenses in connection with any of them) throughout the world, whether or not registered or capable of registration, and whether subsisting in any specific country or countries or any other part of the world, are and will remain the sole and exclusive property of Semrush, its licensors or affiliates. Except for the right to use the Custom Report you purchase in accordance with these terms and the Data therein, no other rights are granted to you with respect to the Custom Report, the Data or the Marketplace Website. Semrush reserves all rights not expressly granted in these Marketplace Terms.

5. TERM AND CANCELLATION

Unless otherwise stated by Semrush in writing, these Marketplace Terms become effective and binding from the first day you visit the Marketplace Website and remain in effect for as long as you access or use the Marketplace Service and/or the Marketplace Website.

6. CHANGES TO THE Marketplace Terms

We may change these Marketplace Terms from time to time by posting the updated terms and conditions on the Marketplace Website. You can review the most current version of the Marketplace Terms at https://www.semrush.com/company/legal/custom-report-tos/ or a successor URL that we designate. The revised Marketplace Terms will become effective immediately after we post the updated text on the Marketplace Website. If you use the Custom Report Marketplace after such date, such use will constitute acceptance of the revised Marketplace Terms. If any change to these Marketplace Terms is not acceptable to you, you may, as your sole remedy for such change, stop using the Custom Report Marketplace.

7. CONTACTS

You may contact us regarding the Custom Report Marketplace by phone at +1 (855) 814-4510, or by email at custom-reports@semrush.com.

Last updated: April 19, 2022