DIGITALDISCOVERED.COM TERMS OF SERVICE

PLEASE READ THE FOLLOWING CAREFULLY BEFORE ACCEPTING THESE TERMS AND ACCESSING, USING AND/OR REGISTERING FOR THE Digital Discovered LLC PLATFORM

By creating an Account with DigitalDiscovered and/or by accessing and using the Digital Discovered LLC Platform or website, www.digitaldiscovered.com (the “Site”), you accept these Terms of Service (the “Terms”), and you acknowledge that you, on your own behalf as an individual and on behalf of your employer or another legal entity (collectively, “you” or “your”), have read and understood and agree to comply with these Terms, and are entering into a binding legal agreement with Digital Discovered LLC. and/or, where applicable, one of its group companies or affiliates (“Digital Discovered LLC”, “us”, “we” or “our”). If you are creating an Account, you are entering into these Terms on behalf of your team, company, organization or any other entity that you either represent or belong to (the “Organization”), and you represent and warrant that you have or you were granted full authority to bind your Organization to these Terms. If you do not agree to comply with and be bound by these Terms or do not have authority to bind your Organization, please do not accept these Terms or access or use the Platform. To the extent allowed under applicable law, you hereby waive any applicable rights to require an original (non-electronic) signature or delivery or retention of non-electronic records. If you have executed a written contract, service order or other agreement with Digital Discovered LLC governing your access to and use of the Platform, then the terms of such agreement will govern and will supersede these Terms; except for the terms herein that refer to your access to, use of and/or registration for the Site, all which shall remain in effect. All capitalized terms used herein shall have the meanings given for such terms herein.

1. Description of the Service.

1.1. Service. Digital Discovered LLC is the owner or licensee of the Digitaldiscovered platform, a market intelligence solution that enables insights into extension(s)’ users’ geographic data, active daily/monthly users, data sampling activities, advertising services and other activities including analytics, research and promotion of goods or services of others, and user mapping by interests (categories) all collected and served anonymously.

1.2 Extension Partnerships. To provide analytics data as a service, Digital Discovered LLC partners with extension developers to collect data on their extensions. By completing the sign up process, extension partners agree to these terms of service and unless otherwise communicated via email by Digital Discovered LLC, the below pricing is paid to extension partners, on the first business day of each month. For new partners, a pro-rated amount is paid on the first business day of the month following the completion of a successful sign up process. The use of the service or participation in the Extension Partnership program is to be referred to as the “Platform” or “Product” offered by Digital Discovered LLC.

1.3 Extension Partnership Rates.

1k-9.9k users – $100/mo

10-25k users – $250/mo

25.1-100K users – $750/mo

101-250K users – $1500/mo

251-500K users – $2000/mo

501-750K users – $2500/mo

751K-1M users – $3500/mo

1M-1.5M users – $4500/mo

1.5-2M users – $5000/mo

2-2.5M users – $6000/mo

2.5M+ – $7500/mo

1.4 When do I get paid ?

We process all payments on the 1st of every month based on the total installs count.

1.5 How do you determine which tier my extension falls under each month?

At the end of each month, we review the column “Total installs” next to your extension under the “Extensions” tab.

Total installs are the number of total active users since uploading our script to your extension.

For example, if there are 34,665 total users at the end of the month, this partner will receive $750.

2. Ability to Accept Terms. If you, as an Authorized User, access and use the Site and/or Platform, you represent and warrant that you are at least 18 years old. The Site and/or Platform is only intended for individuals aged thirteen (13) years or older. If you are under 13 years old please do not visit, access or use the Site and/or Platform. If you are between 13 and 18 years of age, then you must review these Terms with your parent or guardian before visiting, accessing or using the Site to make sure that you and your parent or guardian understand these Terms and agree to them. You may not access and use the Platform if you are, and you represent and warrant that you are not, a competitor of Digital Discovered LLC.

3. Restrictions. Except as expressly permitted in these Terms, you may not, and shall not allow any third party to: (i) give, sell, rent, lease, timeshare, sublicense, disclose, publish, assign, market, sell, display, transmit, broadcast, transfer or distribute any portion of the Platform, Site or Applications to any third party; (ii) circumvent, disable or otherwise interfere with security-related features of the Platform, Site or Applications or features that prevent or restrict use or copying of any content or that enforce limitations on use of the Platform, Site or Applications; (iii) reverse engineer, decompile or disassemble, decrypt or, attempt to derive the source code of, the Platform, Site or Applications or any components thereof, or create any derivative works of the Platform, Site or Applications, or any part thereof; (iv) present or share the data or information received through the Platform without Digital Discovered LLC’s prior consent, and in the event consent was given, present or share such data or information without attribution to Digital Discovered LLC pursuant to Digital Discovered LLC’s branding guidelines; (v) use any robot, spider, scraper, or other automated means to access or monitor the Platform, Site or Applications for any purpose, or to copy, access, collect, download, or otherwise obtain data, content or other information from the Platform, Site or Applications; (vi) take any action that imposes or which Digital Discovered LLC determines, in its sole discretion, may impose an unreasonable or disproportionately large load on the Digital Discovered LLC infrastructure or infrastructure which supports the Platform, Site or Applications; (vii) interfere or attempt to interfere with the integrity or proper working of the Platform, Site or Applications, or any related activities; (viii) remove, deface, obscure, or alter Digital Discovered LLC’s or any third party’s identification, attribution or copyright notices, trademarks, or other proprietary rights affixed to or provided as part of the Platform, Site or Applications, or use or display logos of the Platform, Site or Applications without Digital Discovered LLC’s prior written approval; (ix) use Digital Discovered LLC’s Marks without our prior written consent; (x) use the Platform, Site or Applications to develop, offer, operate, support or enable a competing service or product; and/or (xi) use the Platform, Site or Applications in any unlawful manner, for any harmful, irresponsible, or inappropriate purpose (including without limitation third-party defamation), or in breach of these Terms, any terms and conditions of any third-party product or service you use, or any agreement you have entered into with any third party.

4. Account. In order to use the Platform and become an Authorized User, you are required to create a personal user account (“Account”). In creating your Account, you acknowledge and agree: (i) to provide accurate and complete Account and login information; (ii) to keep, and ensure that your User Account login details and password are kept, secure at all times; (iii) to remain solely responsible and liable for the activity arising out of any failure to keep your Account details confidential; and (iv) to promptly notify Digital Discovered LLC in writing if you become aware of any unauthorized access or use of your Account or the Platform. In creating your Account, you further represent and warrant that you were not previously blocked by Digital Discovered LLC from having an Account or otherwise using the Platform.

5. User Submissions.

5.1. Responsibility. The Site may permit the publishing of certain data, information or content by you and other users (“User Submissions”). You understand that whether or not such User Submissions are published, we do not guarantee any confidentiality with respect to any User Submissions. You shall be solely responsible for your User Submissions and the consequences of posting, publishing or uploading them. We have complete discretion whether to publish your User Submissions and we reserve the right in our sole discretion and without further notice to you, to monitor, censor, edit, remove, delete, and/or remove any and all User Submissions posted on the Site at any time and for any reason.

5.2. Ownership. You, as an Authorized User, represent and warrant that you own or have the necessary rights and permissions to use, and authorize Digital Discovered LLC to use, all Intellectual Property Rights in and to your User Submissions, and to enable inclusion and use thereof as contemplated by the Site and these Terms. “Intellectual Property Rights” means any and all rights, title and interests, whether foreign or domestic, in and to any and all trade secrets, patents, copyrights, service marks, trademarks, know-how, or similar intellectual property rights, as well as any and all moral rights, rights of privacy, publicity and similar rights of any type under the laws or regulations of any governmental, regulatory, or judicial authority, foreign or domestic. You retain all of your ownership rights in and to your User Submissions.

6. Privacy Policy. You acknowledge and agree that we will use any personal information that we may collect or obtain in connection with the Site and/or the Platform in accordance with our Privacy Policy available at https://digitaldiscovered.com/privacypolicy (“Privacy Policy”).

7. Subscription Termination

7.1. Termination by Digital Discovered LLC. Digital Discovered LLC may terminate your use of the Platform at any time and without prior written notice in any case where it believes that you or your Organization have breached these Terms. Upon termination of these Terms, you shall cease all use of the Digital Discovered LLC Platforms and/or Applications.

7.2. Termination by you. You may terminate your Subscription to the Platform by cancelling your Account through the tools that we make available within the Platform or by sending a cancellation request to us at [email protected], in which case we will use commercially reasonable efforts to respond within a reasonable time.  Amounts due?

7.3. Objection. If you object to any term or condition of these Terms, or any subsequent modifications thereto, or become dissatisfied with the Site, Platform or Applications in any way, your only recourse is to immediately discontinue use of the Site, Platform or Applications (and cancel your Subscription).

7.4. Effect of Termination of Platform. Upon termination of your Subscription to the Platform, your Account and your Organization’s Account and all licenses granted by Digital Discovered LLC to you and your Organization under these Terms with respect to the Platform shall be terminated, you and your Organization will lose all access to the Platform or Applications. We shall not be liable to you or your Organization or any third party for termination of your use of or access to the Site, Platform or Applications, or any portion thereof. This Section ‎11.5 and Sections ‎6 (Restrictions), 8 (User Submissions), ‎9 (Intellectual Property Rights), ‎10 (Privacy Policy), 15 (Warranty Disclaimer), ‎16 (Limitation of Liability), ‎17 (Indemnification), ‎18 (Disclosure), ‎23 (Governing Law and Disputes) and ‎24 (General), as well as any other provision which is intended to survive termination of the Terms or your Subscription to the Platform, shall survive termination of these Terms and your Subscription to the Platform.

8. Suspension. If we believe, in our sole discretion, that you are using Digital Discovered LLC Platform or Products in a manner that may cause harm to us or any third party, or which is in breach of these Terms, then we may, without derogating from our right to terminate your Subscription as specified in these Terms, suspend or terminate your User Account or your access to and use of the Platform, or parts thereof.

9. Warranty Disclaimer.

9.1. Digital Discovered LLC PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. YOU ASSUME ALL RESPONSIBILITY FOR ACCESSING AND USING THE SITE AND PLATFORM AND FOR THE SELECTION OF THE PLATFORM TO ACHIEVE YOUR INTENDED RESULTS. Digital Discovered LLC HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

9.2. THE DATA CONTAINED ON THE SITE, PLATFORM AND APPLICATIONS IS BASED ON INFORMATION AND CONTENT OBTAINED BY Digital Discovered LLC FROM THIRD PARTIES, INCLUDING ESTIMATIONS AND EXTRAPOLATIONS BASED ON SUCH DATA. Digital Discovered LLC, ITS AFFILIATES AND THIRD-PARTY PROVIDERS SHALL NOT BE HELD RESPONSIBLE OR LIABLE FOR THE ACCURACY OF THE PLATFORM DATA OR ANY OMISSIONS OF DATA IN OR FROM THE SITE, PLATFORM AND APPLICATIONS. Digital Discovered LLC, ITS AFFILIATES AND THIRD-PARTY PROVIDERS SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY BUSINESS CONDUCTED, DECISIONS MADE, OR ANY OTHER ACTION OR INACTION BY YOU OR YOUR ORGANIZATION AND ITS AFFILIATES, CUSTOMERS, PARTNERS OR PARTIES WITH WHOM YOU DO BUSINESS, WHETHER OR NOT BASED IN WHOLE OR IN PART ON THE SITE, PLATFORM OR APPLICATIONS OR ANY DATA ACCESSED THEREFROM BY YOU OR YOUR ORGANIZATION.

9.3. Digital Discovered LLC DOES NOT WARRANT THAT THE SITE, PLATFORM AND APPLICATIONS OR ACCESS TO AND USE OF THE SITE, PLATFORM AND APPLICATIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR PLATFORM IS FREE FROM VIRUSES OR OTHER HARMFUL CODE.

9.4. Digital Discovered LLC OFFERS NO WARRANTY REGARDING THE RELIABILITY OF THE PERFORMANCE OF THE PLATFORM OR APPLICATIONS, INCLUDING WITHOUT LIMITATION ANY WARRANTY THAT THE PLATFORM OR APPLICATIONS, INCLUDING ANY ANTI-VIRUS OR ANTI-SPAM FEATURES, WILL DETECT, BLOCK OR PREVENT VIRUSES, SPAM OR OTHER HARMFUL OR UNWANTED CODE OR INTRUSIONS.

9.5. YOU AGREE THAT WE WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES THAT MAY RESULT FROM TECHNICAL PROBLEMS INCLUDING, WITHOUT LIMITATION, IN CONNECTION WITH THE INTERNET (SUCH AS SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS) OR ANY TELECOMMUNICATIONS OR INTERNET PROVIDERS.

9.6. Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not apply.

10. Limitation of Liability.

NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS AND TO THE FULLEST EXTENT PERMISSIBLE BY LAW:

10.1. IN NO EVENT WILL Digital Discovered LLC, ITS AFFILIATES AND THIRD-PARTY PROVIDERS, BE LIABLE UNDER, OR OTHERWISE IN CONNECTION WITH, THESE TERMS FOR: (A) ANY DIRECT, INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES; (B) ANY LOSS OF PROFITS, BUSINESS, OR ANTICIPATED SAVINGS; (C) ANY LOSS OF, OR DAMAGE TO DATA, REPUTATION, REVENUE OR GOODWILL; AND/OR (D) THE COST OF PROCURING ANY SUBSTITUTE GOODS OR PLATFORMS.

10.2. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF Digital Discovered LLC, ITS AFFILIATES OR ITS THIRD-PARTY PROVIDERS, UNDER, OR OTHERWISE IN CONNECTION WITH, THESE TERMS (INCLUDING THE SITE AND THE PLATFORM), EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID BY YOU (IF ANY) IN THE SIX (6) MONTHS IMMEDIATELY PRIOR TO THE EVENT GIVING RISE TO SUCH LIABILITY.

10.3. THE FOREGOING EXCLUSIONS AND LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION ‎16 SHALL APPLY: (A) EVEN IF Digital Discovered LLC, ITS AFFILIATES OR THIRD-PARTY PROVIDERS, HAVE BEEN ADVISED, OR SHOULD HAVE BEEN AWARE, OF THE POSSIBILITY OF LOSSES OR DAMAGES; (B) EVEN IF ANY REMEDY IN THESE TERMS FAILS OF ITS ESSENTIAL PURPOSE; AND (C) REGARDLESS OF THE THEORY OR BASIS OF LIABILITY (SUCH AS, BUT NOT LIMITED TO, BREACH OF CONTRACT OR TORT).

10.4. NO ACTION, REGARDLESS OF FORM, MAY BE BROUGHT BY YOU AFTER THE EARLIER OF (A) 12 MONTHS AFTER THE DATE ON WHICH YOU BECOME AWARE THAT A CAUSE OF ACTION HAS ARISEN, OR (B) THE PERIOD SET FORTH UNDER THE APPLICABLE STATUTE OF LIMITATIONS.

11. Indemnification. You shall defend, indemnify, and hold Digital Discovered LLC harmless from and against any and all damages assessed against Digital Discovered LLC (including reasonable attorneys’ fees) arising from a third party claim based on any business conducted, decisions made, or other action or failure to act by you, your Organization or any of its affiliates, customers, partners or parties, including Digital Discovered LLC,  with whom you or your Organization does business provided that (a) Digital Discovered LLC notifies you promptly in writing of any such claim and gives you authority, information, and assistance in the defense of such claim; and (b) Digital Discovered LLC does not make any admissions in response to any such claim without your consent.

12. Assignment. These Terms, and any rights granted hereunder, may not be transferred or assigned by you but may be assigned by Digital Discovered LLC without restriction.

13. Customer Reference. You acknowledge and accept that Digital Discovered LLC has the right to use your name and logo and the name and logo of your Organization to identify you as a customer of Digital Discovered LLC or user of the Platform, on Digital Discovered LLC’s website, marketing materials or otherwise by announcements on social media or otherwise.

14. Modifications. We reserve the right, at our discretion, to change these Terms at any time. Such change will be effective ten (10) days following our sending a notice thereof to you or posting the revised Terms on the Site, and your continued use of the Platform thereafter means that you accept those changes.

15. Governing Law, Disputes and Arbitration

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS.

This agreement is to be governed by the laws of the State of New York.

ARBITRATION IS DIFFERENT FROM COURT; THE RULES, INCLUDING DISCOVERY ARE DIFFERENT AND NO JUDGE OR JURY IS PRESENT AT AN ARBITRATION. THE AWARD IS FINAL AND BINDING AND SUBJECT ONLY TO LIMITED REVIEW BY A COURT.

The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof), shall be BINDING ARBITRATION administered by the American Arbitration Association. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against Digital Discovered LLC in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against Digital Discovered LLC Applications any class action, class arbitration, or other representative action or proceeding.

By using Digital Discovered LLC products and partnerships in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and Digital Discovered LLC Applications (except for matters that may be taken to small-claims court). AS FURTHER SET FORTH IN SECTION 16, YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.

Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against the Company (except for small-claims court actions) may be commenced only in the federal or state courts located in New York County, New York. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.

This Agreement, and any dispute between you and the Company, shall be governed by the laws of the state of New York without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.

16. Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.

Digital Discovered LLC and you agree that you will resolve any disputes, claims or controversies on an individual basis, and that any disputes, claims, and controversies arising out of or relating to this EULA (such as with respect to their validity or enforceability) or the Digital Discovered LLC Applications Product (for example, relating to any person’s access to or use of the Digital Discovered LLC Applications Product, or the provision of content, products, services, or technology on or through the Digital Discovered LLC Applications Products, or the handling of information collected on the Digital Discovered LLC Applications Products), will be brought in an individual capacity, and not on behalf of, or as part of, any purported class, consolidated, or representative proceeding. Digital Discovered LLC Applications and you further agree that Digital Discovered LLC Applications and you shall not participate in any consolidated, class, or representative proceeding (existing or future) brought by any third party arising out of or relating to this EULA (such as with respect to their validity or enforceability) or the Digital Discovered LLC Applications Product (for example, relating to any person’s access to or use of the Digital Discovered LLC Applications Product, or the provision of content, products, services, or technology on or through the Digital Discovered LLC Applications Product, or the handling of information collected on the Digital Discovered LLC Applications Products).

If any court or arbitrator determines that the class/consolidated/representative action waiver set forth in this section is void or unenforceable for any reason or that arbitration can proceed on a class, consolidated, or representative basis, then the disputes, claims or controversies will not be subject to arbitration and must be litigated in federal court located in New York County, New York.

This Class Action Waiver section will also apply to any claims asserted by you against any present or future parent, subsidiary or affiliated company of Digital Discovered LLC Applications, and to any claims asserted by any of them against you, to the extent that any such claims arise out of or relate to this EULA (such as with respect to their validity or enforceability) or the Digital Discovered LLC Applications Products (for example, relating to any person’s access to or use of the Digital Discovered LLC Applications Products, or the provision of content, products, services, or technology on or through the Digital Discovered LLC Applications Products, or the handling of information collected on the Digital Discovered LLC Applications Products).

17. General. We reserve the right to discontinue or modify any aspect of the platform at any time. Section headings in these Terms are provided for convenience only and have no substantive effect on construction. Except for your obligation to pay Digital Discovered LLC, neither party shall be liable for any failure to perform due to causes beyond its reasonable control. Nothing herein shall be construed to create any employment relationship, partnership, joint venture or agency relationship or to authorize any party to enter into any commitment or agreement binding on the other party. If any provision of these Terms is held to be unenforceable, these Terms shall be construed without such provision. The failure by a party to exercise any right hereunder shall not operate as a waiver of such party’s right to exercise such right or any other right in the future. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. These Terms, and the Privacy Policy, represent the complete agreement concerning the Platform and the Site between you and Digital Discovered LLC and supersede all prior agreements and representations related to the subject matter hereof.