termes et conditions

Dernière modification : 08 juillet 2024

Thanks for using our products and services ("Service"). The Service is provided by Ahrefs Pte. Ltd. ("Ahrefs", “we”, “us” or “our”), located at 16 Raffles Quay #33-03, Hong Leong Building, Singapore. By using our Service, you are agreeing to these terms. Please read them carefully.

Description of Service

Ahrefs provides you with access to a rich collection of resources, including but not limited to, search engine optimization tools, link analysis tools, application program interfaces (API), AI writing tools and Wordcount. You also understand that the Service may include certain communications from Ahrefs, such as service announcements and administrative messages, that are related to the provision of the Service. Unless explicitly stated otherwise, any new features or tools released by us in relation to the Service shall be subject to this Agreement.

The Service is an online product that requires access via an internet or other network connection. You are responsible for obtaining the necessary internet or network connection to access Ahrefs’ Service, and you are responsible for the associated third-party fees (such as internet service provider or airtime charges) for the connectivity to the Service. Additionally, you are responsible for procuring and maintaining all equipment necessary to connect to the Service. The quality of the Service that you experience may depend on your connectivity and equipment. Ahrefs is not responsible for any claims or losses that arise as a result of your connectivity and equipment.

Registration and Use of Service

When using Ahrefs’ Service, you represent that you are of legal age to form a binding contract. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by any applicable Service's registration form (the "Registration Data") and (b) maintain and promptly update the applicable Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Ahrefs has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Ahrefs has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

When you use the Service, you represent and warrant that you have all the relevant rights and permissions (including all intellectual property rights) to the information provided by you in the course of your use of the Service. For the purposes of providing the Service to you, through this license, which is worldwide, non-exclusive and royalty free, you grant Ahrefs all necessary permissions and rights. You shall assume sole liability on such information and the provision of the same to Ahrefs.

Our Service may display some content that is not Ahrefs’. This content remains the sole responsibility of the entity that makes it available, and you should not rely on Ahrefs to have reviewed this content. Ahrefs does not warrant the fitness of such content.

You shall not use the Service to build a similar or competitive work.

No Resale or Redistribution of Service

You are permitted to use the Service internally within the company for the purpose of obtaining insights and analysis to optimize your website(s) and related campaigns.

Except as expressly authorized by Ahrefs, you agree not to reproduce, duplicate, copy, sell, trade, resell, permit access, transfer, assign, modify, create derivative works, or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service or computer code that powers the Service.

You are responsible for all use made of the Service using your account. You are responsible for maintaining the confidentiality of your online account credentials.

Intellectual Property

Using our Service does not give you ownership of any intellectual property rights in our Service or the content you access.

All materials and all intellectual property rights in respect of the Service provided therein (including all underlying technology, modifications and work products created in or arising from the same) shall remain the property of Ahrefs and nothing shall operate as a transfer of such rights. For the avoidance of doubt, except where explicitly stated, no other rights except access to the Service is granted.

If you believe that your work has been used related to the Service in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify us at [email protected]. Ahrefs may require that you provide further information as regards such infringement in a particular format.

Content, Input and Output for Writing Tools and Wordcount

Rights to Content.

When you use our Service you may input text for processing (“Input”). Our Service may generate a response to your Input (“Output”), together Input and Output are collectively known as “Content”. You represent and warrant that when any Input is entered into our Service, you have all rights, and have provided any notices and obtained any consents, that are necessary for us to process any Input you submit to the Service in accordance with this Terms, and do not violate any applicable laws, including intellectual property, data protection and privacy laws. Except as explicitly provided by these terms you retain all rights - including Intellectual Property rights- interests and title to the Input. You grant us an irrevocable, royalty-free, perpetual license to use all Content.

Training.

We may use Content, and the associated feedback that you submit, to help develop or improve our Service, develop other products and services, and train our machine learning model. We also use Content to comply with applicable law, and to enforce our policies.

Personal Information.

Where you voluntarily send to us personal information, whether in your Input or otherwise, you acknowledge that our Privacy Policy governs the use and processing of such personal information.

Accuracy and reliance on Output.

Due to the nature of machine learning, responses are probabilistic and may not always be accurate or complete. It may also generate offensive or biased Output. Please check the veracity of the Output before relying on the Output. The Service is not intended to provide professional legal, financial or medical advice, and you should always conduct independent research before relying on Output for such matters.

Output of third parties.

Due to the nature of machine learning, Output might be similar or identical to Output generated for a third party, you acknowledge that Output generated by other users are not considered your content.

Attribution

You agree to attribute metrics such as, but not limited to URL Rating, Domain Rating and Ahrefs Rank in any publication or distribution of said proprietary metrics.

Account Access

You must provide your valid email address, and any other information requested, in order to complete the registration process and become a registrant. Account registration must be completed by a human. Accounts registered by "bots" or other automated methods are not permitted. Your login may only be used by a single user. A single login shared by multiple users is not permitted. We reserve the right to cancel or suspend your access to the Service if we see any suspicious activity in your account that reasonably points out you willingly and/ or knowingly shared your credentials with another user. You are responsible for maintaining the security of your account and password. Ahrefs cannot and will not be liable for any loss or damage from your failure to comply with this obligation.

Service and Marketing Messages

By registering an account for our Service (free or paid) you're giving us your permission to send email notifications to the email address that you have specified upon registration.

These email notifications may include: updates to Ahrefs' toolset, tips and tutorials on using Ahrefs tools, and system messages.

If applicable you’re also given an option to subscribe to promotional offers and weekly updates from Ahrefs blog, which is not obligatory for completing the registration process. Please be advised that you can opt-out from any of these optional emails any time by using the ‘Unsubscribe’ link that is included at the bottom of each email that we send you.

We may send messages or emails via our own mailing service or via a third party service like MailChimp, Sendgrid or Intercom.io. More information on this can be found in Ahrefs’ privacy policy, which forms part of these terms.

Unauthorized Uses

You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service or Ahrefs. You may not reverse engineer object code or reuse source code provided in relation to the Service. This includes any and all JavaScript. Doing so might be in breach of Ahref’s intellectual property. You shall not transmit any worms or viruses or any code of a destructive or malicious nature. You agree not to modify any code provided in relation to the Service in any manner or form, nor to use modified versions of such code, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Ahrefs for use in accessing the Service, and shall not interfere or disrupt the integrity, security, functionality or performance of the Service or its components. All unnatural means or unlawful attempts to access our Service, website, server or database including by means of any automatic tools such as scrapers or bots is prohibited. We may terminate, suspend and/or block your access if we determine that your use or access of our Service violates our terms. Subject to the other restrictions stated herein, you may only use automated tools to access our Service through the Application Program Interfaces (API) that we provide.

You may not attempt to bypass any functionality or access features on the website directly by using custom http (or other) calls, or attempt to manipulate the Service, or access it in a manner other than in a way in which a reasonable person would consider normal permitted use.

You should not attempt to take advantage of any feature that a reasonable person would consider an obvious omission or error on the Service and website.

Instructions, Rules, Guidelines and Directions

Ahrefs may issue instructions, rules, guidelines and directions from time to time in respect of its provision of the Service, if you wish to continue using the Service, you will have to comply with them.

APIs

When using our Service you may have access to Ahrefs’ Application Program Interfaces (API). When using Ahref’s APIs, including but not limited to Search API, you will use it in a manner which is consistent with these Agreement and with the API Documentation. Additionally, you will not use the APIs in a way that violates or encourages the violation of applicable law including: (a) illegal activities, such as child pornography, gambling, or violating intellectual property laws; (b) intending to exploit minors in any way; (c) threatening, stalking, defaming, defrauding, victimizing or intimidating anyone; or (d) violating applicable privacy laws and regulations.

You will not redistribute, resell or sublicence access to Ahrefs’ APIs.

You will not expose to other users or to a third party, a user’s non-public content, if obtained through the APIs without the users’ explicit consent.

Content accessible through our APIs may be subject to intellectual property rights. You should not use it unless licensed to do so by the owner of that content or otherwise permitted by law.

Blocking of IP Addresses

In order to protect the integrity of the Service, Ahrefs reserves the right at any time in its sole discretion to block registrants and subscribers from certain IP addresses from accessing the Service. If you believe your IP address has been blocked mistakenly, you may wish to contact us at [email protected].

Registration, Subscription, Cancellation by You and Additional Usage (Pay-As-You-Go)

Where applicable, you may become a registrant of the Service at no cost. As a registrant, you will have the ability to participate in some, but not all, of the features and tools available within the Service.

In order to access certain additional features, including the ability to use many of our tools, you must become a subscriber to the Service.

We offer paid monthly subscription plans and annual subscription plans. These subscriptions are paid upfront monthly or annually depending on your subscription plan and according to your billing period, with automatic renewals every month or year respectively. You therefore acknowledge and agree that there will be recurring payments by you for the same and that we are authorised to charge the same credit card that you have used for the initial subscription and/or any other payment method used. This will continue until you cancel your subscription plan with us. Such cancellation must be made by you before your subscription renews in order to avoid being charged for the following month’s or year’s subscription fee. When you cancel, you will still have access to our Service based on your subscription plan until the end of your subscription period. You may also opt to downgrade your subscription plan at any time. Any downgrade will only take effect after the end of your current subscription period and the provisions in this section will continue to apply to such downgraded subscription plans.

Depending on the subscription plan you select, you will be entitled to varying number of features and/or different limits. Any additional usage on top of those provided under the respective subscription plans is subject to additional charges as set forth in our pricing page. We will periodically charge you for such usage on a pay-as-you-go basis. This will continue for any accrued pay-as-you-go usage even after the cessation of your subscription plan for any reason and any unused portion will expire by the stipulated timeframe without being transferred to any subsequent usage period. In the event that such charges are not paid by you, we shall have the right to remove your access to our Service at any time and apply the value of your remaining subscription plan towards the fulfilment of such charges.

Tax and Fees

We show all prices and charges for our Service exclusive of taxes and fees. Where applicable, and in accordance with the applicable laws, taxes and fees will be charged on the invoices issued by us. Where a currency other than US dollars is used for payment, we apply a fixed conversion rate that is updated from time to time. Ahrefs, in its sole discretion, will calculate the amount of taxes and fees due. We may make changes to the amounts due, without providing prior notice.

If you are exempt from any taxes and fees, you must provide us with all appropriate tax exemption certificates, or other documentation satisfactory to the applicable taxing authorities, to substantiate such exemption status. Ahrefs reserves the right to review and validate tax exemption documentation. If tax exemption documentation is not provided or held to be invalid, we reserve the right to charge the applicable taxes and fees.

You are solely responsible for any applicable taxes and fees. As such, when you pay us for our Service, all payments will be made free and clear of any deduction or withholding taxes and fees, as may be required by applicable Law. If any such deduction or withholding taxes and fees (including domestic or cross-border withholding taxes) are required on any payment, you will pay such additional amounts as necessary, such that the net amount received by us is equal to the amount then due and payable for use of our Service, including your subscription plan and any additional charges incurred. We will provide you with such tax forms as reasonably requested in order to reduce or eliminate the amount of any withholding or deduction for taxes in respect of payments made for using our Service.

Where taxes and fees are due towards the taxing authorities by you instead of Ahrefs, through the reverse charge or other similar mechanism, you will provide us with all appropriate evidence so that we may demonstrate your business nature. Such evidence might include a valid VAT registration number or other similar information. We reserve the right to review and validate your VAT registration number or other similar information provided to us by you. If the VAT registration number or other similar information is held to be invalid, we reserve the right to charge you the applicable VAT. For the avoidance of doubt, if VAT is due by you to a taxing authority, through the reverse charge or other similar mechanisms, you are solely responsible for paying those amounts to the relevant taxing authority, such that we receive the full amount of payment due to us for your use of our Service.

Refund policy

Unless required by law, Ahrefs is not obligated to provide you a refund at any time or for any reason. For annual and monthly subscriptions, you may request a refund after payment has been made for non-use. Where there has been material activity in your account, we will not provide a refund.

Cancellation of Service by Ahrefs

In addition to the above, Ahrefs reserves the right of unilateral service cancellation under the following circumstances:

  • You are in breach of any of these terms.

  • We detect unusual usage patterns or unauthorized uses in relation to the Service.

  • You attempt to inflict damage or harm our reputation, work or Service.

  • In response to requests from law enforcement or other public agencies.

  • You become a subject of a petition in a bankruptcy or any other proceeding relating to insolvency, cessation of business, liquidation or assignment for the benefit of creditors.

Data Collection and Use

You understand and agree that Ahrefs may anonymize and aggregate any data you share with the Service, including data associated with your Google Analytics and Google Search Console accounts, and use it without identifying you for purposes of improving the Service.

Modifications to Service

We are constantly changing and improving our Service. We may add or remove functionalities or features, and we may suspend or stop the Service altogether. You can stop using our Service at any time, although we'll be sorry to see you go. Ahrefs may also stop providing the Service to you, or add or create new limits to our Service at any time.

You agree that Ahrefs shall not be liable, to you or to any third party, for any modification, suspension or discontinuance of the Service.

Ahrefs reserves the right to amend and change any subscription plan and/or adjust the pricing of the Service or any components thereof in any manner and at any time as Ahrefs may determine in its sole and absolute discretion.

Indemnity

You shall indemnify and keep Ahrefs and its respective directors, officers, employees and agents indemnified against any and all claims, demands, actions, judgments, obligations, liabilities, costs, expenses, damages and losses incurred as a result of (a) your breach of any of these terms; (b) any infringement or alleged infringement of any intellectual property right arising directly or indirectly from your actions or omissions; and/or (c) your violation of any applicable laws.

Liability for our Service

The Service and all information provided therein are on an "as is" and "as available" basis without any warranty.

Ahrefs does not guarantee or warrant that the Service (including any products or data) will meet your requirements, be secure, timely, accurate, error free, bug free, virus free, uninterrupted, comply with applicable law, or that Ahrefs will correct all errors.

TO THE EXTENT PERMITTED BY LAW, AHREFS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, PAST OR PRESENT, STATUTORY OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE, AND AHREFS SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND/OR NON-INFRINGEMENT.

TO THE EXTENT PERMITTED BY LAW, AHREFS, WILL NOT BE RESPONSIBLE FOR LOSS OF PROFITS OR REVENUES, LOSS OF USE OF PRODUCTS OR SERVICES, LOSS OF BUSINESS OPPORTUNITY, LOSS OF REPUTATION AND/OR CONTRACT, DOWNTIME COSTS, INCREASED EXPENSE OF OPERATION, LOSS OF OR CORRUPTION OF DATA, FINANCIAL LOSSES, OR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR DAMAGES OF ANY KIND WHATSOEVER.

TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF AHREFS, FOR ANY CLAIM UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICE IN THE 12 MONTHS PRECEDING THE CLAIM (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICE AGAIN).

TO THE EXTENT PERMITTED BY LAW, AHREFS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.

Ahrefs shall not be responsible for any delay in performance or non-performance due to any cause which is beyond the reasonable control of Ahrefs.

Regulatory Compliance

You represent and warrant that you are at all times in compliance with all applicable laws (including any and all applicable sanctions and export control regulations) in respect of all activities conducted herein as well as your usage of the Service.

Contacting Ahrefs

Ahrefs may be contacted by email at [email protected].

By contacting Ahrefs, you grant Ahrefs a right to use any ideas, information, designs or other material contained in any communication, except where you have clearly reserved such rights in writing.

Any comments or feedback provided by you to Ahrefs may be acted upon by Ahrefs without any obligation to you.

All parties take into consideration that email is not a secure, guaranteed medium of communication. Emails should only be regarded received by Ahrefs if you receive a manually created response. 

You should understand that communication from Ahrefs via email is not intended to be legally binding in nature, unless expressly stated.

About these Terms

We may modify these terms or any additional terms that apply to the Service, for example, reflect changes to the law or changes to our Service. You should look at the online version of our terms regularly. We’ll post notice of modifications to these terms on this page. Changes will not apply retroactively and will become effective no sooner than seven days after they are posted. However, changes addressing new functions for the Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms of the Service, you should discontinue the use of our Service.

These terms control the relationship between Ahrefs and you. They do not create any third party beneficiary rights.

If you do not comply with these terms, and we don’t take action, this does not constitute a waiver of our rights, power, remedy or to demand compliance .

If any of these terms are rendered invalid, unenforceable or void, the other terms will remain valid, enforceable and not be affected.

The section titles in the terms herein are for convenience only and have no legal or contractual effect.

These terms and all matters based upon, arising out of, or relating in any way to these terms as well as the interpretation, construction, performance and enforcement of these terms, shall be governed by the laws of Singapore and you submit to the jurisdiction of the courts of Singapore for the purposes of any suit, action or other proceedings.