Product Specific Terms

Last modified: 01/24/2023

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PLEASE READ THESE TERMS CAREFULLY.

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The Ardent Growth Product Specific Terms are intended to highlight some of the important things about using our different Subscription Services. The Product Specific Terms form part of the Ardent Growth Customer Terms of Service and are hereby incorporated therein.

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If you are using any of the Subscription Services described below, the terms corresponding to those product(s) apply to your use. We periodically update this page by posting a revised copy at https://ardentgrowth.com/legal/product-specific-terms , so please check back here for current information.

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Ardent Growth Grouper Services
Ardent Growth Total Searchable Market Services
Ardent Growth Link Intelligence Services
Other Services
Service Uptime Commitment
Customer Support

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1. ARDENT GROWTH GROUPER SERVICES

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1.1 Definitions

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"Keyword" mean a single keyword or phrase for which you want to process and retrieve live search engine results page (SERP) data for within our applications.

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"Keyword Credit" is a measurement of the number of keywords you have fetched SERP data for using our applications.

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"Main Keyword" or "Main Topic" means the aggregate parent keyword that all keyword variants belong to upon grouper or clustering data using our platform.

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"Keyword Variant" and "Keyword Variation" refer to the individual keywords and their associated data, not including aggregate and parent topic data.

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"Keyword Record Limit" means the number of records you store in our database in any given calendar month. Each keyword uses one record in our database, even if that data is stored multiple times across different or single database tables.

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"Target URL" means the primary domain you want to fetch ranking data for from Google's SERPs and calculate a Priority Score for.

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"Competitors" mean the domains beyond the Target URL you want to simultaneously fetch ranking data for from Google's SERPs.

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1.2 Ardent Growth Grouper Subscription Fees

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Ardent Growth Grouper, which includes all data processing for topic clustering, prioritization, and relevancy, is one of our software as a service products. If you subscribe to one of our Grouper subscription plans, your fees are based on the total number of Keyword Credits allotted to you during your contract billing period, regardless of whether you consume them or not.

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Depending on the subscription plan you purchase, you will be entitled to varying number of features and/or different limits. Any additional usage beyond those provided under the respective subscription plans may be purchased by contacting s[email protected] or your designated sales representative.

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The Subscription Fee for the Subscription Services will remain fixed during the Subscription Term unless you:

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(i) exceed keyword limits or other applicable limits (see the ‘Limits’ section below) and need additional limits,
(ii) upgrade Subscription Services or base packages,
(iii) subscribe to additional features or Subscription Services, or
(iv) unless otherwise agreed to in the Order Form.

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1.3 Limits

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You agree to not use Grouper Services in any manner that substantially exceeds typical use projections, including but not limited to storage and bandwidth consumption.

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Please refer to the Product and Services Catalog and your Order Form for details of any additional limits that apply to your Subscription Services.

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For clarity, you are charged based on the Keyword Credits you consume to get live data from search engine results pages for a keyword via the Fetcher or Fetcher & Grouper applications within the Ardent Growth Grouper platform. You are not charged based on the number of times you Group your data using the Grouper application. However, Grouping data still uses resources that we maintain and pay for and any substantial usage that exceeds typical limits may be metered.

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1.4 Modifications

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We may make changes to the Ardent Growth Grouper platform that materially reduce the functionality provided to you during the Subscription Term.

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1.5 Non-Renewal Notice Period

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Unless otherwise specified in your Order Form, to prevent renewal of your Ardent Growth Grouper subscription, you or we must give written notice of non-renewal and this written notice must be received before the next renewal period begins.

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1.6 Retrieval of Customer Data

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For Input, Fetcher, Grouper, and Fetcher & Grouper data, if you make a written request within thirty (30) days after termination or expiration of your subscription, we will provide you with temporary access to the Subscription Service to retrieve, or we will provide you with copies of, all Customer Data then in our possession or control. If we provide you with temporary access to the account, we may charge a re-activation fee. Thirty (30) days after termination or expiration of your Subscription, we will have no obligation to maintain or provide you the Customer Data. We will delete all Customer Data in our systems or otherwise in our control unless (i) we are legally prohibited or (ii) save as set out in the ‘Deletion or Return of Personal Data’ section of the DPA, then such Personal Data will be Processed in accordance with our DPA.

If you want to export Customer Data during your Subscription Term, you can retrieve Customer Data by following the instructions at the following knowledge base articles:

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Export your Keyword Input Data
Export your Fetcher Data
Export your Grouper Data
Export your Fetcher & Grouper Data
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If you need help retrieving your Customer Data during the Subscription Term, we will provide reasonable assistance to you, at your cost, and in accordance with the ‘Confidentiality’ section of the General Terms.

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1.7 Unified Database

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By using Ardent Growth Grouper platform with other parts of the Subscription Service, you understand that all information will be stored in a unified database or cloud storage of records associated with your subscription.

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2. ARDENT GROWTH TOTAL SEARCHABLE MARKET SERVICES

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2.1 Ardent Growth Total Searchable Market Fees

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Ardent Growth Total Searchable Market Services (TSM), which includes access to interfaces for analyzing and planning activities related to Ardent Growth Grouper data is one of our technology-enabled services that we offer for free, with limits, in conjunction with our Ardent Growth Grouper Service.

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The Subscription Fee for the Subscription Services will remain fixed during the Subscription Term unless you:

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(i) exceed keyword limits or other applicable limits (see the ‘Limits’ section below) and need additional limits,
(ii) upgrade Subscription Services or base packages,
(iii) subscribe to additional features or Subscription Services, or
(iv) unless otherwise agreed to in the Order Form.

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2.2 Limits

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You agree to not use TSM Services in any manner that substantially exceeds typical use projections, including but not limited to storage and bandwidth consumption.

Please refer to the Product and Services Catalog and your Order Form for details of any additional limits that apply to your Subscription Services.

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For clarity, you are granted, but not entitled to, access to custom interfaces we have built for analysis, planning, and activities related to using the data provided by our Grouper Services.
In using these interfaces, you will store data in a single dataset instance on our databases with create, read, update, and delete permissions enabled for your organization for your designated dataset. Within that dataset, you will have the ability to create unique tables for storing data for your projects.

You are not charged based on the number of tables or records you store within your tables but we do reserve the right to limit your storage capacity if it exceeds normal usage.

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2.3 Modifications

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As the TSM is a free product, we may make changes to the TSM that materially reduce the functionality provided to you during the Subscription Term.

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2.4 Retrieval of Customer Data

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For data stored for TSM Services, if you make a written request within thirty (30) days after termination or expiration of your subscription, we will provide you with temporary access to the Subscription Service to retrieve, or we will provide you with copies of, all Customer Data then in our possession or control. If we provide you with temporary access to the account, we may charge a re-activation fee. Thirty (30) days after termination or expiration of your Subscription, we will have no obligation to maintain or provide you the Customer Data. We will delete all Customer Data in our systems or otherwise in our control unless (i) we are legally prohibited or (ii) save as set out in the ‘Deletion or Return of Personal Data’ section of the DPA, then such Personal Data will be Processed in accordance with our DPA.

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If you want to export Customer Data during your Subscription Term, you can retrieve Customer Data by following the instructions at the following knowledge base articles:

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Export your TSM Data
Export your TSM Roadmap Data
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2.5 Unified Database

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By using Ardent Growth Grouper platform with other parts of the Subscription Service, you understand that all information will be stored in a unified database or cloud storage of records.

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3. ARDENT GROWTH LINK INTELLIGENCE SERVICES

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3.1 Ardent Growth Link Intelligence Services

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Ardent Growth Link Intelligence Services (LIR), which includes access to interfaces for analyzing and planning activities related to link building is one of our technology-enabled services.

The Subscription Fee for the Subscription Services will remain fixed during the Subscription Term unless you:

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(i) exceed keyword limits or other applicable limits (see the ‘Limits’ section below) and need additional limits,
(ii) upgrade Subscription Services or base packages,
(iii) subscribe to additional features or Subscription Services, or
(iv) unless otherwise agreed to in the Order Form.

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3.2 Limits

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Limits for LIR are based on the total data needed to process for your target keywords and competitors. Fees for this service are provided to you on a per-quote basis.

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Please refer to the Product and Services Catalog and your Order Form for details of any additional limits that apply to your Subscription Services.

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For clarity, you are granted access to a custom interface built using Tableau for analyzing the data collected during our research. To access and analyze your data you will need to install the free version of Tableau Reader on your machine. It is your responsibility to get any required permission from your organization to install the required software on your computer.

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3.3 Retrieval of Customer Data

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For Link Intelligence Services, your data is provided to you upon delivery of service. We also store copies of the data in our database and cloud storage. If you make a written request within thirty (30) days after termination or expiration of your subscription, we will provide you with temporary access to the Subscription Service to retrieve, or we will provide you with copies of, all Customer Data then in our possession or control. If we provide you with temporary access to the account, we may charge a re-activation fee. Thirty (30) days after termination or expiration of your Subscription, we will have no obligation to maintain or provide you the Customer Data. We will delete all Customer Data in our systems or otherwise in our control unless (i) we are legally prohibited or (ii) save as set out in the ‘Deletion or Return of Personal Data’ section of the DPA, then such Personal Data will be Processed in accordance with our DPA.

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If you want to export Customer Data during your Subscription Term, you can retrieve Customer Data by contacting [email protected].

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3.4 Unified Database

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By using Link Intelligence Services, you understand that all information will be stored in a unified database or cloud storage of records.

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4. OTHER SERVICES

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4.1 Consulting Services

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You may purchase Consulting Services by placing an order with us. Unless we otherwise agree, the Consulting Services we provide are described in the Product and Services Catalog and will be delivered in English. Fees for these Consulting Services are in addition to your Subscription Fee. If you purchase Consulting Services that recur, they will be considered part of your subscription and will renew in accordance with your subscription.

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4.1.1 Location. All Consulting Services are performed remotely, unless you and we otherwise agree. For Consulting Services performed on-site, you will reimburse us our reasonable costs for all expenses incurred in connection with the Consulting Services. Any invoices or other requests for reimbursements will be due and payable within thirty (30) days of the date of the invoice.

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4.1.2 Delivery. If there are a specific number of hours included in the Consulting Services purchased, those hours will expire as indicated in the applicable description, which expiration period will commence upon purchase (the “Expiration Period”).

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If there are deliverables included in the Consulting Services purchased, it is estimated that those deliverables will be completed within the time period indicated as the delivery period in the applicable description, which delivery period will commence upon purchase (the “Delivery Period”). If there is no Expiration Period or Delivery Period indicated, then it will be one hundred and eighty (180) days from purchase.

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If the Consulting Services provided are not complete at the end of the Delivery Period due to your failure to make the necessary resources available to us or to perform your obligations, such Consulting Services will be deemed to be complete at the end of the Delivery Period. If the Consulting Services provided are not complete at the end of the Delivery Period due to our failure to make the necessary resources available to you or to perform our obligations, the Delivery Period will be extended to allow us to complete such Consulting Services.

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4.1.3 Third Party Providers. We might provide some or all elements of the Consulting Services through third party service providers. Consulting Services are non-cancellable and all fees for Consulting Services are non-refundable.

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4.2 Communication Services.

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"Communication Services" means third-party forums, online communities, blogs, personal web pages, calendars, and/or other social media communication facilities (such as Facebook, Twitter, Slack, and LinkedIn) linked to or from the Subscription Service that enable you to communicate with the public or with a private group.

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You agree to use Communication Services only in compliance with any terms of use specified by each Communication Service. We do not control the content, messages or information found in the Communication Services. We will not have any liability with regards to the Communication Services and any actions resulting from your use of the Communication Services.

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4.3 Ardent Academy.

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We may offer educational seminars or certifications through Ardent Academy. The descriptions of these educational seminars and certifications, and the terms and conditions that apply to your participation in Ardent Academy are available at https://academy.ardentgrowth.com/. By participating in an Ardent Academy educational seminar or certification, you agree to abide by the applicable terms and conditions for Ardent Academy.

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4.4 Beta Services.

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If we make beta access to some or all of the Subscription Service (the “Beta Services”) available to you (i) the Beta Services are provided “as is” and without warranty of any kind, (ii) we may suspend, limit, or terminate the Beta Services for any reason at any time without notice, and (iii) we will not be liable to you for damages of any kind, except in respect of losses that cannot be legally limited or excluded under law, related to your use of the Beta Services. For all Beta Services, the Ardent Growth Beta Terms available at https://ardentgrowth.com/beta-terms also apply. If we inform you of additional terms and conditions that apply to your use of the Beta Services, those will apply as well. We might require your participation to be confidential, and we might also require you to provide feedback to us about your use of the Beta Services. You agree that we own all rights to use and incorporate your feedback into our services and products, without payment or attribution to you.

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4.5 Third Party Sites and Products.

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You can choose to integrate Third Party Sites and Products with the Subscription Service. We are not responsible for any Third-Party Sites and Products or for any issues arising from or related to the Third Party Site or Product. The availability of any integration to a Third-Party Site or Product does not mean we endorse, support or warrant the Third-Party Site or Product.

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5. SERVICE UPTIME COMMITMENT

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5.1 For the purposes of this 'Service Uptime Commitment' section, the following definitions will apply:

"Downtime" means a critical full outage/severe issue that constitutes a catastrophic problem causing complete inability to use the Subscription Service, excluding Free Services, across a significant portion of the production environment (e.g. crash or hang), resulting in production downtime and where there is no workaround or solution to the problem.

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"Excluded" means the following: (i) unavailability caused by circumstances beyond our reasonable control, including, without limitation, act of God, acts of government, emergencies, natural disasters, flood, fire, civil unrest, acts of terror, strikes or other labor problems (other than those involving our employees), or any other force majeure event or factors; (ii) any problems resulting from Customer's combining or merging the Subscription Service with any hardware or software not supplied by us or not identified by us in writing as compatible with the Subscription Service; (iii) interruptions or delays in providing the Subscription Service resulting from telecommunications or internet service provider failures outside of our datacenter as measured by our third party website availability monitoring provider; (iv) any interruption or unavailability resulting from the misuse, improper use, alteration, or damage of the Subscription Service; and (v) unavailability while we perform maintenance on the Subscription Service when necessary, in Ardent Growth’s sole, reasonable discretion.

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"Service Uptime" means (total hours in calendar month - Excluded duration - Downtime duration) / (total hours in calendar month - Excluded duration ) x 100% = Service Uptime.

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5.2 We will use commercially reasonable efforts to meet a Service Uptime of 99.95% for our Subscription Service in a given calendar month. All availability calculations will be based on our system records. Notwithstanding anything to the contrary in this Agreement, as Customer's sole and exclusive remedy for failure to meet Service Uptime commitments, in the event there are two (2) or more consecutive calendar months during which the Service Uptime falls below 99.95% in a given calendar month, Customer will be entitled to receive a credit equal to the pro-rated amount of fees applicable to the downtime as measured within two (2) or more consecutive calendar months during which the Service Uptime fell below 99.95%. The credit will be applied against an invoice or charge for the following renewal Subscription Term, provided Customer requests such credit within twenty (20) days of the end of the relevant calendar month in which Ardent Growth did not meet the Service Uptime of 99.95%. Notwithstanding anything to the contrary in the Agreement or this section, this 'Service Uptime Commitment' section does not apply to our Free Services.

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6. CUSTOMER SUPPORT

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If you pay us a Subscription Fee for our Starter edition products, you can select from support options available here, at no additional cost. If you pay us a Subscription Fee for our Lite or Professional edition products or have purchased the Ardent Growth Consulting Services, then email support is included at no additional cost.

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6.2 Email Support.

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Email responses are provided during phone support hours only. We attempt to respond to email support questions within one business day; in practice, our responses are generally even faster. We do not promise or guarantee any specific response time. We may limit or deny your access to support if we determine, in our reasonable discretion, that you are acting, or have acted, in a way that results or has resulted in misuse of support or abuse of Ardent Growth representatives.

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6.3 Support Limitations.

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Issues resulting from your use of API's or your modifications to code in the Subscription Service may be outside the scope of support. We will only provide support for items which are developed by and supported by Ardent Growth.

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6.4 Free Services.

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If you do not pay a Subscription Fee, support is available to you through purchasable Consulting Service packages available at https://ardentgrowth.com/services/consulting.

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