Terms and Conditions
Effective as of December 15, 2016
1. This is a Legally Binding Agreement between You and Whatagraph
3.1 Description of Services
Whatagraph Whatagraph is a simple tool that automatically visualizes website and social data for a quick performance overview (“Product”). Whatagraph offers its users various plans with different corresponding features. For more details on Whatagraph’s various plans, please visit our Pricing Page .
Whatagraph’s Free plan is only available to individual users, and is available for non-commercial and limited time use only. If you are an individual user of a Free plan, you hereby warrant and represent that your use of the Service is for personal, non-commercial purposes.
3.2 Limited License to use Services
If and when you access and/or use the above-described Services on the Site, the technology enabling you to do so is deemed under this Agreement to be licensed to you by the Company for your personal, non-commercial use only, unless you select a paid plan which allows commercial use of the Product by business entities and agencies. Company does not transfer either the title or any of the intellectual property rights to the underlying software of the Services, and Company retains full and complete title to any and all intellectual property rights currently belonging to Company. Nothing contained on the Site or offered in the Services should be understood to grant you a license to use any of the trademarks, service marks, or logos owned by Company.
4. User Content
4.1. Content Uploaded to Whatagraph
You are legally responsible for all information, data, text, software or other materials uploaded, posted, stored and/or shared online in connection with your use of the Services (“Content”). Whatagraph is not responsible for your Content; you are solely responsible for any Content that may be lost or unrecoverable through your use of the Services. You are encouraged to backup your Content regularly and frequently.
You hereby grant Company a limited license to use the Content you upload or otherwise make available to the Service for the purpose of enabling your use of the Service, and for the purpose of enabling the Service to provide you with its Product. By posting, uploading, displaying, transmitting, or otherwise distributing Content to the Site or Service, you are granting Company, its affiliates, officers, directors, employees, agents and representatives a worldwide, perpetual, royalty-free, non-exclusive license to host and use the Content in connection with the Service, including without limitation the right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, and reformat your Content. You will not be compensated for the Company’s use of your Content. By uploading Content to the Site or Service you warrant and represent that, in accordance with Section 4.4., you own the rights to the Content or are otherwise authorized to post, display, perform, transmit, or otherwise distribute your Content.
By accepting these Terms & Conditions, you also accept that Whatagraph would use your company’s logo for non-commercial purposes in our website ( www.whatagraph.com ) or in other publications mentioning Whatagraph.
4.2. Confidential Material
You are responsible for your use of the Services, for any Content you post and/or share using the Services, and for any liability deriving from posting and/or sharing Content that violates the confidentiality or privacy interests, or makes unauthorized disclosure of proprietary business information or trade secrets, of any third party. The Content you submit, post, or display may be able to be viewed by other users of the Services and on third party services and websites where you have shared the Product.] You should only provide Content that you are comfortable sharing with others under these Terms. Whatagraph bears no responsibility for maintaining the confidentiality of confidential information entered into reports and infographics by users, even if the information entered into the charts and infographics is designated as “private”, “unpublished”, or “confidential”. You are is strictly and solely responsible for compliance with all relevant trade secret agreements, non-disclosure agreements, proprietary business agreements/procedures and/or design rights, laws concerning the international transfer of personally identifiable information, and laws protecting images and information submitted, posted or displayed by the user. Further, any questions, comments, suggestions, ideas, feedback, or other communication provided by you to Company (“Comments”) will not be treated as confidential by Company, and you hereby give Company permission to reproduce, display, edit, publish or otherwise use such Comments as Company deems appropriate, for any and all commercial and/or non-commercial use, at Company’s sole discretion.
4.3. Restricted Content
4.4. Intellectual Property
You represent and warrant that the Content uploaded or otherwise delivered from you to the Service does not violate or infringe upon any common law or statutory rights of any third party, including without limitation, contractual rights, copyrights, trade secrets, proprietary business information concerning processes and systems, and rights of privacy. You acknowledge and agree that no other persons, parties or entities has or have any right, title, or interest, including copyright, in or to your Content, or that in the event other persons do have such right, title or interest, that you are duly authorized to distribute their Content in connection with your use of the Service.
4.5. Third Party Content
Whatagraph allows you to insert third party content, such as a company logo, into your reports. Such third party content is subject to licensing terms separate and apart from the licensing terms that govern your use of the Service under this Agreement. For example, some license terms may limit the manner in which you are permitted to share said content with others, or may prohibit re-use altogether. You agree to review, and take sole responsibility for complying with, the license terms governing the use of third party content.
4.6. Third Party Services
Whatagraph may offer the services of third parties to enhance the features of its Products. Your use of third party services will be subject to the licensing terms of third party service providers. You agree to review, and take sole responsibility for complying with, the license terms governing the use of third party service providers.
Whatagraph respects the intellectual property rights of others. We will respond expeditiously to claims of copyright infringement using guidelines and procedures set forth in Section 512 of the Digital Millennium Copyright Act of 1998 (“DMCA”). If you see any material on the Site or in connection with the Service that in your good faith belief may infringe someone's copyright, you may notify us by e-mailing us at email@example.com with "Copyright" in the subject line. In order for it to be effective, your notice, also known as a takedown notice, must include the following information:
The identity of the original copyrighted work that you claim is infringed or – if your notice covers multiple copyrighted works - you may provide a representative list of the copyrighted works that you claim have been infringed;
A sufficiently detailed description of the content on the Site that you claim infringes the copyrighted work;
Your contact information, including your full name, mailing address, telephone number, and email address, if available;
A statement that you believe in good faith that the use of the allegedly infringing content on the Site is not authorized by the copyright owner, its agent, or the law;
This statement: "I swear, under penalty of perjury, that the information in this notification and complaint is accurate and that I am the copyright owner, or am authorized to act on behalf of the copyright owner of an exclusive right that is infringed" ;
A physical or electronic signature of the copyright holder or a person authorized to act on their behalf.
Moreover, if you believe your work was erroneously removed due to an incorrect claim of copyright ownership, you may provide us a written counter notice. When we receive your counter notice, we may in, our discretion, reinstate the material in question in not less than 10 nor more than 14 days after we receive the counter notice unless we first receive notice from the original complaining party who filed the infringement notice that they have filed a legal action to restrain the allegedly infringing activity. To provide a counter notice to us, you may email us at firstname.lastname@example.org. Please note that if you provide a counter notice, in accordance with the terms of the DMCA, the counter notice will be given to the original complaining party that filed the infringement notice. To be effective, a counter notice must contain substantially all of the following information:
Identification of the material that has been removed or to which access has been disabled on the Site and the location at which the material appeared before it was removed or access to it was disabled;
Your name, address, telephone number and, if available, email address;
Include both of the following statements in the body of the Notice:
"I hereby state under penalty of perjury that I have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled."
"I hereby state that I consent to the jurisdiction of the Federal District Court for the judicial district in which my address is located or, if my address is outside of the United States, for any judicial district in which Whatagraph B.V. may be found, and I will accept service of process from the complaining party who notified Whatagraph B.V. of the alleged infringement or an agent of such person.";
Provide your full legal name and your electronic or physical signature.
5. Prohibited Uses
Company imposes certain restrictions on your permissible use of the Site and the Service. Uploading any Content that violates the prohibitions in this section may result in the immediate revocation of your license for access to, and use of, the Service. You are prohibited from violating or attempting to violate any security features of the Site or Service, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing”; (d) using the Site or Service to upload, host or transmit the following items, including, without limitation, unsolicited e-mail, SMS messages, worms, Trojan horses or code of a destructive nature, promotions or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Company in providing the Site or Service. Any violation of system or network security may subject you to civil and/or criminal liability.
6. Alleged Violations
You hereby agree to indemnify and hold harmless Company, its assignees, and/or successors in interest from and against any and all claims, damages, liabilities, costs and expenses, including legal expenses and reasonable counsel fees, arising out of any breach or alleged breach of your warranty, representation or agreement, express or implied, made by you herein, which results in a judgment by a court of competent jurisdiction.
8. No Warranties
Company hereby disclaims all warranties. Company is making the site available “as is” without warranty of any kind. You assume the risk of any and all damage or loss from use of, or inability to use, the site or the service. To the maximum extent permitted by law, company expressly disclaims any and all warranties, express or implied, regarding the site, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, or non infringement. Company does not warrant that the site or the service will meet your requirements or that the operation of the site or the service will be uninterrupted, timely, virus or error-free, or that data displayed by the services will be accurate or reliable.
9. Limited Liability
Company’s liability to you is limited. To the maximum extent permitted by law, in no event shall company, its affiliates or suppliers be liable for damages of any kind (including, but not limited to, special, incidental, or consequential damages, lost or compromised data, lost profits or revenue due to service interruption or computer failure, regardless of the foreseeability of those damages) arising out of or in connection with your use of the site or services of company. You hereby agree that company’s liability to you will not exceed any fees paid by you to company for the service. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.
10. User Responsibilities
10.1. You will ensure the email address provided in your account registration is valid at all times, and you will keep your contact information accurate and up-to-date.
10.2. You will not transfer your account to anyone without first getting express written permission from Whatagraph.
10.4. You will not use the Site or Services if you are located in a country where such use is prohibited by the applicable law.
10.5. You will not use the Site or Services to impersonate another person.
11. Free trial
Subscriptions to the Services may begin with a free trial period during which you can try out the Services for 14 days from the date you register (“Free Trial Period”).
While you may not be required to enter your billing information in order to sign up for the Free Trial Period, you may provide such information at any point during the Free Trial Period. If you do so, you will not be charged until the Free Trial Period ends. If you have not provided billing information by the time the Free Trial Period ends, you will lose all access to the Services. If you do not upgrade your subscription until the Free Trial period ends, you will be automatically downgraded to Free plan.
Whatagraph reserves the right to modify, cancel and/or limit the Free Trial Period without notice at any time.
12. Term of the Agreement, Fees, Invoicing
The following apply to the Services’ paid plans only:
12.1. You may agree to a one (1) month or twelve (12) month contract agreement with Whatagraph on recurring billing basis.
12.2. You may upgrade or downgrade your service agreement to any other contract agreement that Whatagraph is currently offering for sale at any time during your contract term. In the event of downgrading to Basic plan, you will be charged based on your current paid subscription until the next billing has to occur and after that, you won’t be charged anymore and will be downgraded to Basic plan. If you downgrade or upgrade to some other paid subscription, your current subscription will be changed only after the next billing based on the plan you choose to downgrade or upgrade to.
12.3. Prices shown in Whatagraph.com are shown including VAT. If a Buyer is from EU, he has to indicate company’s or his VAT number, and based on the Buyer’s country, the appropriate VAT charges will be included in the total price.
12.4. Payment is due in advance at the start of each billing cycle and is non-refundable. Your billing cycle starts on the day after expiration of the Trial Period. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused, except those above mentioned.
12.5. In case you use recurring billing at the end of the contract term, your contract will automatically renew for an additional contract term until explicitly cancelled by you. Cancellation must be effected at least one (1) day prior to the end of the contract term.
12.6. We may change the fees for the Services at any time or impose additional fees or charges. Such changes will be effective as of the first billing cycle that occurs more than thirty (30) days after notice of our new fees, provided that if you upgrade or downgrade to a new Plan, whether at your election or pursuant to Section 2.2(c), you will be charged at the then-current rate for such Plan, as provided at [link]
12.7. As an express condition of your use of and access to the Services, you agree to pay all fees applicable to your Plan, any other fees for additional services you may purchase, and any applicable taxes in connection with your use of the Services.
We will bill the fees due under your Plan to the credit card you provide to us during registration (or to a different credit card if you change your payment information). You acknowledge that the amount billed for each renewal period may vary due to promotional offers, changes in your Plan, and changes in applicable taxes, and you authorize us to bill you the corresponding amounts.
We reserve the right to deactivate your access to the Services for failure to pay applicable fees as described in this Agreement. Unless otherwise stated, all fees are stated in U.S. Dollars.
12.8. Invoices are sent within 10 days after a payment has occurred. They are sent to the email indicated while registering and formed following standard rules. If you want your invoices to be sent to a different email or need some additional information to be included in the invoice, please email email@example.com
13. Credit card payment
All fees for your Plan will be billed to your credit card. You authorize the card issuer to pay any amounts described herein and associated with your Plan and authorize us (or a billing agent acting on our behalf) to continue charging all such amounts to your credit card account until you or we cancel or terminate your Plan as provided herein or these amounts are paid in full, whichever is later.
You must provide current, complete and accurate billing and credit card information. You must promptly update all billing information (such as billing address, card number and expiration date) to keep your account current, complete and accurate, and you must promptly contact Whatagraph if your credit card is lost or stolen, or if you become aware of a potential breach of account security (such as an unauthorized disclosure or use of your Whatagraph username or password).
You authorize us to obtain or determine updated or replacement expiration dates for your credit card in the event that the credit card you provided us expires. We reserve the right to charge any renewal card issued to you to the same extent as the expired card. If payment is not received from your credit card issuer, you agree to pay all amounts due upon demand. You agree to pay all costs of collection, including attorney’s fees and costs, on any outstanding balance. In certain instances, the issuer of your credit card may charge you a foreign transaction fee or related charges, which you will be responsible to pay. Please check with your bank and credit card issuer for details.
14. Cancellation and Termination
14.1. Services may be terminated by us, without cause, at any time.
14.2. Services may be terminated by you, without cause, by following the cancellation procedures set forth in this Section.
14.3. Whatagraph may terminate Services at any time, without penalty, obligation to refund and without notice, if you fail to comply with any of the terms of this Agreement or the intellectual property protections applicable to these Services.
14.4. Notice of termination of Services by Whatagraph may be sent to the contact e-mail associated with your account. Upon termination, Whatagraph will delete all data, files, or other information that is stored in your account and it’s in your responsibility to retrieve and backup all account contents before termination.
14.5 Upon cancellation, whether voluntary by you, or for reason of non-payment Whatagraph may at its sole discretion delete all data, files, or other information that is stored in your account and it’s in your responsibility to retrieve and backup all account contents before termination.
15. Links and Affiliated Sites
16. Data sources
Use of the Service includes supplying information drawn from a variety of data sources (individually “Data Source”, collectively “Data Sources”). The following are examples of the types of Data Sources you may connect to the Service. Some of these are supported now, and others are planned for future versions of the Service:
- Google Analytics (currently supported)
- Google Adwords (currently supported)
- Facebook Page Insights (currently supported)
- Twitter (currently supported)
- Instagram (currently supported)
- Youtube, Double-Click, Facebook Ads (planned future integrations)
Subject to any restrictions specified herein, you are permitted to connect Data Sources that are owned by you, or otherwise under your management and control, to your Service account. In addition, you may connect Data Sources that you do not own, provided that you have received permission from the person or entity that owns or otherwise has management and control of that Data Source. By connecting a particular Data Source to the Service you represent and warrant to the Company that the Data Source is either (a) owned by you or otherwise under your management or control; or (b) you have received permission from the person or entity that owns or otherwise has management or control of that Data Source to connect it to your use of the Service.
All contents of Site or Service are: Copyright © 2017 Whatagraph, B.V., Herengracht 182, 1016 BR Amsterdam, Netherlands, EU. All rights reserved. Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by Company or by any third party. Further, you hereby agree that any and all reports created by combining your Content with the Service will not be considered to be works of joint authorship, or derivative works from your Content.
18. Marketing & Promotion
Client hereby grants, and agrees to grant to Company a perpetual, irrevocable, non-exclusive, royalty-free, worldwide right and license to use Client’s name or logo or both in customer lists that may be published as part of Company’s marketing and promotional efforts.
19. Governing Law
20. Severability; Waiver; Assignment
21. Modifications and Amendments
22. Contact Us
If you have any questions about these Terms and Conditions of Use, please contact us at: firstname.lastname@example.org.