By creating an account or using the Service, you (“Customer”, “User”, “you”) agree to be bound by these Terms.
1. The Service
1.1 Description of the Service
Rivaler provides a software-as-a-service platform designed for internal business intelligence and market analysis. The Service enables Customers to analyze brands’ and competitors’ marketing activity based exclusively on publicly available marketing information, including:
- Public advertisements and campaign materials
- Public content on websites and social media platforms
- Campaign landing pages, headlines, CTAs, and descriptions
- Lawfully accessed newsletters and business SMS communications
1.2 Nature of the Service
The Service is analytical in nature and intended solely to support internal understanding and decision-making. The Service is not:
- A marketing asset library
- An advertising activation or buying platform
- A data brokerage or data-sharing service
- A repository for copyrighted materials
2. Intended Use and Restrictions
2.1 Internal Use Only
The Service is provided solely for internal use within the Customer’s organization. Permitted use includes:
- Internal market and competitor analysis
- Strategic evaluation and reporting
- Internal presentations and decision support
2.2 Prohibited Use
The Customer must not use the Service to:
- Analyze or profile individuals
- Track or monitor personal behavior
- Engage in unlawful competition or market manipulation
- Redistribute raw data or content externally
- Reproduce, download, or store creative materials without appropriate rights
Responsibility for any external use of insights rests solely with the Customer.
3. Account Registration and Access
3.1 Account Creation
Access to the Service requires account registration. The Customer must ensure that:
- All registration information is accurate and up to date
- Access credentials are kept confidential
- Access is limited to authorized users
3.2 Account Security
Sharing login credentials is prohibited. The Customer is responsible for all activity conducted under its accounts.
4. Subscriptions, Fees, and Payment
4.1 Subscription Model
The Service is offered on a subscription basis (monthly or annual), as specified in the applicable commercial plan.
4.2 Billing and Renewal
Subscriptions renew automatically unless cancelled in accordance with the applicable plan. Prices, billing cycles, upgrades, and downgrades are governed by the selected plan and may be updated from time to time.
4.3 Payment Processing
Payments are processed by third-party payment providers (e.g. Stripe, Inc.). Rivaler does not store or process full payment card or bank details.
5. Data Sources and Third-Party Content
5.1 Public Data Only
Rivaler processes only publicly available information from lawful third-party sources. Rivaler:
- Does not circumvent access controls or technical restrictions
- Does not access private or gated content
- Does not guarantee completeness or accuracy of third-party data
5.2 Availability of Third-Party Content
Rivaler is not responsible for:
- Errors, omissions, or delays in third-party content
- Changes to or removal of public content by third parties
6. AI-Generated Outputs
6.1 Use of Artificial Intelligence
The Service uses artificial intelligence to structure and analyze marketing information.
6.2 Limitations
AI-generated outputs:
- Are indicative and analytical
- May contain inaccuracies or simplifications
- Do not represent factual guarantees
The Customer acknowledges that business decisions made based on AI-generated outputs are made at the Customer’s own risk.
7. Intellectual Property Rights
7.1 Rivaler Intellectual Property
Rivaler retains all rights to:
- The Service and underlying software
- AI models, methodologies, and analytical structures
- Dashboards, designs, and documentation
7.2 License to the Customer
Rivaler grants the Customer a limited, non-exclusive, non-transferable license to:
- Access and use the Service
- Use analytical outputs internally
- Include analyses in internal or external business presentations
7.3 Restrictions
The Customer must not:
- Reverse engineer the Service
- Reconstruct or extract databases
- Systematically redistribute data without a valid API license
8. Copyright and Creative Materials
8.1 Third-Party Creatives
The Service may display third-party creative materials (e.g. images or videos) for analytical reference. All creatives:
- Remain the property of their respective rights holders
- Are displayed via embeds, references, or links only
8.2 Customer Obligations
The Customer must not:
- Download, store, reproduce, or redistribute creatives
- Use creatives for purposes other than analysis
Any misuse of creatives is the sole responsibility of the Customer.
9. Personal Data
9.1 Data Protection
Rivaler processes personal data in accordance with applicable data protection laws. Details regarding personal data processing are described in Rivaler’s:
- Privacy Policy
- Data Processing Agreement (DPA)
9.2 Prohibited Use of Personal Data
The Customer must not use the Service to:
- Identify or profile individuals
- Combine Service data with other datasets to create personal profiles
10. Suspension and Termination
10.1 Termination by Customer
The Customer may terminate its subscription in accordance with the applicable plan.
10.2 Suspension or Termination by Rivaler
Rivaler may suspend or terminate access if:
- These Terms are violated
- Misuse of the Service is detected
- External circumstances require it (e.g. changes to data sources)
11. Disclaimer
The Service is provided “as is” and “as available”. To the fullest extent permitted by law, Rivaler disclaims all warranties, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
12. Limitation of Liability
To the fullest extent permitted by law, Rivaler shall not be liable for:
- Loss of profits, data, or business opportunities
- Errors or inaccuracies in AI-generated outputs
- Service interruptions or downtime
- Third-party data changes or unavailability
Rivaler’s total liability shall not exceed an amount equal to one (1) month’s subscription fee paid by the Customer at the time of the event giving rise to the claim.
13. Indemnification
The Customer agrees to indemnify and hold harmless Rivaler from claims arising out of:
- The Customer’s misuse of the Service
- Violation of these Terms
- Unlawful use of third-party content
14. Changes to the Terms
Rivaler may update these Terms from time to time. Material changes will be communicated via the Service or by other reasonable means. Continued use of the Service constitutes acceptance of the updated Terms.
15. Governing Law and Dispute Resolution
15.1 Governing Law
These Terms are governed by Danish law.
15.2 Dispute Resolution
Disputes shall first be sought resolved through mediation. If mediation fails, disputes shall be resolved by the Danish courts at Rivaler’s legal venue.
16. Contact Information
Rivaler ApS
Email: [email protected]
Phone: +45 31 48 10 31