These SEMrush Marketplace Terms ("Marketplace Terms") apply in addition to the SEMrush Terms of Service available at https://www.semrush.com/company/legal/terms-of-service/ ("SEMrush Terms of Service"), with regard to your use of Marketplace Service (as defined hereinafter). By registering for the Marketplace Service or by accessing or using the Marketplace Service, 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 Marketplace Service.
PLEASE READ THESE MARKETPLACE TERMS CAREFULLY. IF YOU DO NOT AGREE WITH THESE MARKETPLACE TERMS, YOU MAY NOT REGISTER FOR OR USE THE MARKETPLACE SERVICE.
- MARKETPLACE SERVICE
1.1. Definition. “Marketplace Service” means the provision of access to SEMrush’s content ordering services and other services as described more fully at: www.semrush.com/marketplace/ or another URL we designate (hereinafter “Marketplace Website”).
1.2. Right To Use the Marketplace Service. SEMrush hereby grants you permission to access and use the Marketplace Service in accordance with these Marketplace Terms.
- REGISTRATION AND ORDER
To register as a user of the Marketplace Service you must create a User Account by following the registration procedures and instructions set forth on the Marketplace Website. To place an order for the Marketplace Service (hereinafter, “Order”), you must purchase a subscription ("Marketplace Subscription") for the Marketplace Service at: https://www.semrush.com/marketplace/subscriptions/ and place the Order(s) within the limits of the Marketplace Subscription you elected or, to make one-time Order(s) without the purchase of a Marketplace Subscription, you should fill in and confirm the Order within your User Account for one or more of the marketplace offers available at : https://www.semrush.com/marketplace/offers/ ("Marketplace Offers").
- CONTENT DELIVERY
3.1. Placing an Order. When placing your Order, you must provide accurate and complete billing and other information as requested by SEMrush. SEMrush’s acceptance of the Order is subject to SEMrush’s written confirmation of such acceptance. SEMrush may reject any Order in its sole discretion. SEMrush may request you to provide clarifications and details with regard to your Order. If no response to such request would be provided within 14 (fourteen) calendar days, your Order may be rejected. The information you provide us within the Order must not infringe upon the rights of third parties, including without limitation copyrights, moral rights, trademarks and service marks. You may not include any pornographic, obscene, slanderous, libelous, or other degrading material or information on any Order that you submit to us. You are solely responsible for the information you provide us and any consequences thereof, and hereby agree to indemnify and hold SEMrush harmless from any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising out of or due to your failure to provide us with accurate, correct and/or truthful information, including any third party claims arising out of any infringing, pornographic, obscene, slanderous, libelous, degrading or other information or material that you provide or submit with your Order.
3.2. Changes in the Order. You may modify your Order at any time prior to SEMrush’s confirmation thereof. After your Order is confirmed by us, such Order is non-cancellable. Any changes to a confirmed Order shall be considered an additional Order and shall require the payment of any fees applicable to such additional Order.
3.3. Revision Request. If you elect a Marketplace Offer that includes the option to revise content, then the following terms apply to such Marketplace Offer:
3.3.1. Once the ordered content is ready, it shall be posted to your User Account for review. Upon your written request, SEMrush will send notification to your email that the content has been posted. You may: (i) accept the ordered content; or (ii) request a revision within three (3) calendar days from date the content is posted to your User Account, with a maximum of three (3) revision requests per one (1) item of ordered content; or (iii) reject the ordered content only after at least one revision request.
3.3.2. The term of the Order will be extended until the completion of all revision requests within the limits described in Section 3.3.1 above; provided, if you do not request a revision within three (3) calendar days from receipt of the revised content, the revised content shall be deemed to be accepted by you.
3.4. Acceptance of the Content. Except as otherwise stated in these Marketplace Terms, the content shall be deemed to be accepted by you immediately upon SEMrush posting such content to your User Account.
- RIGHTS TO ACCEPTED CONTENT
You have no rights to any content until such content is accepted and paid for in full. All rights, title and interest in and to the content shall belong solely to the content provider; provided that, upon the latter to occur of (i) your acceptance of the content (including deemed acceptance as described in Section 3 above) and (ii) your payment in full for such content, you will be granted an unlimited license to use, publish, perform, display, reproduce, distribute, and create derivative works of such content in any type of media including, but not limited to, print and or online media throughout the world. Such license shall be granted directly by the content provider and not by SEMrush, who shall have no rights to such content at any time (other than the right to deliver such content to you under these Marketplace Terms).
- FEES AND SETTLEMENT
5.1. Service Fees. There is no cost to create a User Account; however, in order to use and access paid features of the Marketplace Service, you will be required to pay the fees set forth on the Marketplace Website (the “Marketplace Fees”). Marketplace Fees are exclusive of sales or use taxes, value added tax and any other taxes, charges or duties which may be imposed in connection with your purchase or use of the Marketplace Services and shall be borne solely by you.
5.2. Change in Marketplace Fees. SEMrush may change the Marketplace Fees and/or introduce new charges upon at least thirty (30) days’ prior written to you. Notwithstanding the foregoing, the Marketplace Fees may be increased immediately upon notice from SEMrush in the event of (a) any change in the services or fees of our third party service providers; (b) changes in the Marketplace Service which are made at your request; or (c) delays and/or other issues due your failure to fulfill your obligations according to these Marketplace Terms or due to your request to delay work for any reason.
5.3. Payment. You shall pay the Marketplace Fees as described on the Website upon subscribing to the Marketplace Service by credit card or another payment method accepted on the Website. Any bank fees and charges shall be borne solely by you. Marketplace Fees for Marketplace Subscriptions recur monthly or annually, depending on which Marketplace Subscription term you select. You must ensure that the billing information used for your Marketplace Subscription is current and accurate, and that you are authorized to use such billing information. You agree to notify us promptly of any changes to your billing information.
5.4. Refund Policy. Except as otherwise determined by us in our sole discretion, Marketplace Services are non-cancellable during the term of your Marketplace Subscription or your Order, as applicable, and Marketplace Fees are non-refundable. Repeated purchase of Marketplace Service and cancellations, followed by requests for refunds may, in our sole discretion, be deemed to be in bad faith, and we reserve the right to withhold Marketplace Service and/or refuse a refund.
- TERM AND CANCELLATION
6.1. Term and Renewal. If you purchase a Marketplace Subscription, your initial subscription term will be specified in your Marketplace Subscription. Your Marketplace Subscription will automatically renew for the same period as the prior term on the then-current terms and conditions. You may prevent renewal of your Marketplace Subscription by sending us a notice of non-renewal to email@example.com 4 (four) days prior to the last day of your then-current Marketplace Subscription term. If you elect to place a one-time Order, the relevant Order remains in effect until the fees are paid in full and the applicable Order is filled.
6.2. Subscription or Order Cancellation. You may cancel your Marketplace Subscription or your Order at any time by sending a written notice of cancellation to firstname.lastname@example.org. Except as otherwise determined by SEMrush in its sole discretion, cancellation does not entitle you to a refund of any Marketplace Fees and you agree to promptly pay all Marketplace Fees due and owing through the end of the applicable Marketplace Subscription term.
- 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/marketplace/terms-of-use/ or a successor URL that we may designate. The revised Marketplace Terms will become effective immediately after we post the updated text on the Marketplace Website. If you use the Marketplace Service 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, or if any change we make to the Marketplace Service is a material reduction in functionality, you may, as your sole remedy for such change, stop using the Marketplace Service and send a cancellation request email to email@example.com.
You may contact us regarding the Marketplace Service by phone at +1 (855) 814-4510, or by e-mail at firstname.lastname@example.org.
Last updated: November 04, 2020