2.1 Description of Services.
Whatagraph is an analytics reporting solution that helps marketers collect their analytics data and create visual online and PDF reports (“Product”). Whatagraph offers its users various plans with different corresponding features. For more details on Whatagraph’s various plans, please visit our Pricing Page.
2.2 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.
You must register to use features of the Services. When you register, you agree to (a) provide accurate, current and complete information about you as may be prompted by registration forms on the Service (“Registration Data”); (b) maintain the security of any logins, passwords, or other credentials that you select or that are provided to you for use on the Service; (c) maintain and promptly update the Registration Data, and any other information you provide to us, and to keep all such information accurate, current, and complete; and (d) notify us immediately of any unauthorized use of your account or any other breach of security by emailing us at firstname.lastname@example.org.
Subscriptions to the Services may begin with a free trial period during which you can try out the Services for 7 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, your access to the Services will be terminated.
Whatagraph reserves the right to modify, cancel and/or limit the Free Trial Period without notice at any time.
The following apply to the Services’ paid plans only:
5.1. You may agree to a one (1) month or twelve (12) month contract agreement with Whatagraph on recurring billing basis.
5.2. 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 your subscription to a lower plan, you will be charged based on your new paid subscription and based on the time of your billing cycle; credits will be issued for the remaining subscription time and added to your account. If you upgrade to a higher paid subscription plan, your current subscription will be changed immediately and you will be charged based on the plan you choose to upgrade to, and on the time of your billing period.
5.3. 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.
5.4. 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.
5.5. 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.
5.6. 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,, you will be charged at the then-current rate for such Plan, as provided at https://whatagraph.com/pricing.
5.7. 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 and Euros.
5.8. Payment confirmation is sent within 5 days after a payment has occurred. It is sent to the email indicated while registering. Your invoices are formed following standard rule and can be downloaded in your Subscription page. If you want your payment confirmation to be sent to a different email, please update your Billing email address in your Company Information section. lf you need some additional information to be included in the invoice, please email email@example.com.
All fees for your Plan will be billed to your credit card or PayPal account. You authorize the card or PayPal account 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 or PayPal 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.
7.1. Services may be terminated by us, without cause, at any time.
7.2. Services may be terminated by you, without cause, by following the cancellation procedures set forth in this Section.
7.3. 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.
7.4. 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.
7.5. 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.
7.6. Should you wish to cancel your Whatagraph subscription, please get in touch with support at firstname.lastname@example.org.
Customer must comply with all applicable laws (including, but not limited to, privacy and data security laws) and represents and warrants that it will not use the Service or the Software to violate such laws. Customer agrees to exclude any confidential, proprietary, sensitive, or personally identifiable information from capture, as necessary, described in the links to the relevant articles below and (a) accepts full responsibility and liability of ensuring such information is adequately and completely excluded and (b) will indemnify, defend and hold Mouseflow harmless for all claims, damages, liabilities, losses, costs and expenses (including, without limitation, reasonable attorneys' fees) arising out of or in connection with a failure to meet this obligation. Both parties agree to (a) notify the other party if it discovers that PII has been collected and (b) immediately and permanently delete such PII upon discovery or written request from the other party.
Your right to use the Service is personal, limited to your internal business purposes and the purpose set out in section 2 above, non-transferable, non-exclusive, revocable and subject to your compliance with the Terms and Policies at all times, including your timely payment of all applicable fees for Paid Services. Without limiting the generality of the foregoing, you will not: (a) access content or data not intended for you, or log onto a server or account that you are not authorized to access; (b) attempt 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) interfere or attempt 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) use 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) forge 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) attempt 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. We may at any time suspend or terminate your access to the Service if we have reason to believe that you are not complying with the Terms and Policies or you are otherwise abusing the Service.
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.
13.1. 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 13.4., 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 informational and referral purposes in our website (www.whatagraph.com ) or in other publications mentioning Whatagraph.
13.2. 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 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.
13.3. Restricted Content.
13.4. 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.
13.5. 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.
13.6. Third Party Services.
The Service allows you to gather data from multiple third-party data sources and services, including various third-party websites. The third-party services from which the data can be gathered are selected by Whatagraph at its sole discretion and Whatagraph reserves the right to select, discontinue and change such available sources at any time. Whatagraph assumes no liability whatsoever for the data or other content collected from third-party services. You are solely responsible for ascertaining that you have the right to use the Service for gathering and processing any such data by using the Service, and you must obtain any such consents and authorisations as may be needed from time to time in relation to such data or other content and their processing by using the Service.
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 believe may infringe someone's copyright, you may notify us by emailing 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.
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.
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.
16.1. 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.
16.2. You will not transfer your account to anyone without first getting express written permission from Whatagraph.
16.4. You will not use the Site or Services if you are located in a country where such use is prohibited by the applicable law.
16.5. You will not use the Site or Services to impersonate another person.
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 You can find a list of all Data Sources here.
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.
Any materials, including but not limited to comments, suggestions, ideas, or other information, provided by you in the form of email or other submissions to us (excluding material that you post on the Service in accordance with these Terms) (collectively “Feedback”), are non-confidential and you hereby grant to us and our subsidiaries and affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use your Feedback for any purpose without compensation or attribution to you.
All contents of Site or Service are: Copyright © 2018 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.
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.
If you have any questions about these Terms and Conditions of Use, please contact us at: email@example.com.
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