Talwalker Supplemental Terms
Last Modified: July 29, 2025
These Talkwalker Supplemental Terms ("Supplemental Terms") are hereby incorporated into and form an integral part of the broader Terms of Service applicable to your Services (the "Terms"). Undefined capitalized terms used herein shall have the meanings ascribed to them in the Terms. The Terms and these Supplemental Terms (collectively, the "Talkwalker Terms") constitute a legally binding agreement governing your purchase and use of the Talkwalker Services (as defined below).
For purposes of the Talkwalker Terms, "you," "your," "Customer," "Company," and similar terms refer to the person or entity accessing or using the Talkwalker Services and "we," "us," or "our" refers to Hootsuite.
1. Additional Definitions.
“Command Center” means a custom dashboard that allows you to display certain widgets, which is available as an add-on to your Talkwalker Service.
“Developer App” means a web-based application published within the Marketplace, provided by the developer partners solely, which may be subject to separate terms of use.
“Marketplace” means Talkwalker’s online directory for apps, accessible through the Enterprise Services where Developer Apps are made available to our customers.
“SCR Services” are specific Talkwalker Services ordered by Customer which measure social media activity on certain social media platforms relating to television programs, networks, and sports (if applicable) through the platform and as available in the Licensed Geographic Region (as defined in the Authorization Form).
“Talkwalker Services” means any Talkwalker products or services made available to you through an Authorization Form, but does not include any Third-Party Services.
2. Talkwalker Services. During the Term, subject to the terms and conditions of this Agreement, we will make the Talkwalker Services available to you for internal business use only in accordance with the applicable Authorization Form, the Service Level Agreement published at https://www.hootsuite.com/enterprise-service-level-agreement. THE COMPANY ACKNOWLEDGES AND AGREES THAT THE USAGE RIGHTS GRANTED BY HOOTSUITE IN THIS AGREEMENT TO THE CUSTOMER ARE GRANTED FOR THE EXCLUSIVE USE OF THE CUSTOMER CORPORATE ENTITY. THIS AGREEMENT DOES NOT GRANT COMPANY THE RIGHT TO SUBLICENSE, OR ALLOW ACCESS TO, THE TALKWALKER SERVICES TO ANY THIRD PARTIES, INCLUDING ANY AFFILIATED COMPANIES OR SUBSIDIARIES, WITHOUT THE PRIOR WRITTEN CONSENT OF HOOTSUITE.
3. Talkwalker Content and Generated Reports. We keep all rights and interests in the Talkwalker Services. The Talkwalker Services contain Content owned or licensed by Talkwalker (“Talkwalker Content”). Talkwalker Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and Talkwalker, we own and retain all rights in the Talkwalker Content.
4 Generated Reports. "Generated Reports" shall mean all information, reports, and analytics generated, viewed, or received by Customer and its Authorized Users through the Talkwalker Services and are a part of the Talkwalker Services. Generated Reports may comprise: (a) quotations or excerpts of Third-Party Content; and (b) analytic extracts of the Talkwalker Services that include graphs, statistics, and metrics generated by the Talkwalker Services for Customer, specifically excluding any Third-Party Content (“Talkwalker Metrics”).
4.1. Permitted Use. During the Term and within the scope set forth in an applicable Authorization Form, Customer and its Authorized Users are granted a non-exclusive, non-transferable right to generate, view, and utilize Generated Reports solely for Customer's internal business purposes. Customer and its Authorized Users shall not sell, resell, republish, or distribute any Generated Reports, in whole or in part, without Talkwalker's prior express written consent.
4.2. Restrictions on Use. Notwithstanding Section 4.1, any Third-Party Content contained within Generated Reports, or accessed through the use of the Services and included therein, shall be strictly limited to Customer's internal business use. This restriction explicitly prohibits the public display, republication, or broadcasting of such Third-Party Content.
4.3. License for Talkwalker Metrics. Notwithstanding Section 4.1. And 4.2., during the Term, Talkwalker grants Customer a limited, worldwide, non-exclusive, non-transferable license, without the right to sublicense, to use the Talkwalker Metrics. Customer shall be free to reproduce, adapt, or otherwise use the Talkwalker Metrics in any media or materials, provided that no Third-Party Content appears in such reproductions, adaptations, or uses.
4.4 Disclaimer. WE SHALL NOT BE HELD LIABLE OR RESPONSIBLE FOR ANY ACT OR OMISSION MADE BY CUSTOMER BASED ON THE GENERATED REPORTS OR THE TALKWALKER SERVICES IN GENERAL.
5. Additional Talkwalker Services. For API Services, Command Center Services and/or Social Content Rating Services, the Additional Talkwalker Product Terms published at https://www.hootsuite.com/legal/additional-talkwalker-terms apply to and govern your use of such Additional Talkwalker Services.
6. Third-Party Services. Customer understands and acknowledges that the Talkwalker Services are dependent upon the availability and completeness of content and data provided by Third-Party Services. IN NO EVENT SHALL WE BE LIABLE IN THE EVENT A THIRD-PARTY SERVICE RESTRICTS, EITHER TEMPORARILY OR PERMANENTLY, ACCESS TO ANY THIRD-PARTY CONTENT. FURTHER WE SHALL NOT BE HELD LIABLE OR RESPONSIBLE FOR ANY ACT OR OMISSION MADE BY COMPANY BASED ON THE GENERATED REPORTS OR THE TALKWALKER SERVICES IN GENERAL.
7. Marketplace. Customer acknowledges and agrees that any Developer Apps purchased or otherwise accessed through the Marketplace are considered Third-Party Services.
8. Confidentiality. Notwithstanding anything in the Terms, Third-Party Content will not be deemed Confidential Information.
9. Security Practices. Talkwalker Services will be subject to the Talkwalker Security Practices described at https://www.talkwalker.com/security-practices.
10. Indemnification. If the Talkwalker Services or any part thereof have become, or in Hootsuite’s opinion are likely to become, the subject of any Claim (as defined in the Terms), in addition to Hootsuite’s rights and obligations under the Terms, Hootsuite may also at its option and expense: (x) discontinue Customer ’s use of the Talkwalker Services and/or the Generated Reports, (y) block access to the Talkwalker Services and/or the Generated Reports, and/or (z) make inaccessible or delete all or part of the data that Customer entered into the Talkwalker Services or that have been added to the Talkwalker Services as a result of Customer ’s use of the Talkwalker Services.
11. Agency. Notwithstanding anything to the contrary herein or in the Terms, and with respect to your use of the Talkwalker Services only, if you are an agency, “internal business use” includes the use of the Talkwalker Services by the Customer (acting as an agency or consultancy) in the normal course of its business, including to address its end clients’ business topics or questions as part of its consulting and advisory services. This includes, without limitation, the right to use portions of the Talkwalker Metrics, provided such portions do not contain any Third-Party Content, in (i) work product and reports prepared for the Customer’s clients, and (ii) general publications issued by the Customer in print or online from time to time. Upon expiration or termination of the Agreement, the Customer may retain and continue to use any Talkwalker Metrics included in client deliverables prepared prior to termination. For clarity, the Customer shall not reproduce, republish, or otherwise publicly disseminate any Third-Party Content. Use of any Third-Party Content is strictly limited to non-public, confidential contexts and remains subject to the terms and restrictions of this Agreement and the applicable Third-Party Services.
12. Conflict. In the event of any conflict between these Talkwalker Supplemental Terms and the Terms, the Talkwalker Supplemental Terms will govern.