Web Site Terms and
Conditions of Use

Version 2.0.2
Effective as of 6 January 2015

1. This is a Legally Binding Agreement between You and Infogram

By accessing the Internet site located at www.infogr.am (the “Site”), and/or using any services provided on the Site, you agree to the following Web Site Terms and Conditions of Use (hereafter “Agreement” or “Terms of Use”). This Agreement sets forth the legally binding terms and conditions which are applicable to your use of Infogr.am’s services (hereafter the “Service”, or “Services”). These Terms of Use may be amended from time to time by Infogram (“Company”) in its sole discretion. Company will post a notice on the Site any time these Terms of Use have been changed or otherwise updated. It is your responsibility to review these Terms of Use before using the Service, and to read them again whenever you receive notice that these Terms of Use have been updated. If at any time you find these Terms of Use unacceptable, you must immediately leave the Site and cease all use of the Service and the Site. Infogram reserves the right to terminate the account of any user at any time. YOU AGREE THAT BY USING THE SERVICE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALY ABLE TO ENTER INTO THIS AGREEMENT. IF YOU ARE UNDER THE AGE OF 18 YEARS OLD, YOU REPRESENT THAT YOU ARE AT LEAST 14 YEARS OLD AND THAT YOUR PARENT OR LEGAL GUARDIAN CONSENTS TO YOUR USE OF THE SERVICE.

2. Privacy Policy

Infogram respects your privacy and permits you to control the treatment of your personal information. A complete statement of Company’s current privacy policy can be found by clicking here. Company’s privacy policy is expressly incorporated into this Agreement by this reference.

3.1 Description of Services

Infogram provides a platform for the creation of data visualization tools, including visually compelling, easy and fun to create, and fast to share charts and infographics (“Product”). Infogram offers its users various plans with different corresponding features. For more details on Infogram’s various plans and features, please visit our Pricing and Features (link) page.

Infogram’s Free / Basic plan is only available to individual users, and is available for non-commercial use only. If you are an individual user of a Free / Basic 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 Infogram
You are legally responsible for all information, data, text, software, music, sound, photographs, graphics, images, video, messages or other materials uploaded, posted, stored and/or shared online in connection with your use of the Services (“Content”). Infogram 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 back up 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 and for the sole purpose of providing you 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.

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. Infogram bears no responsibility for maintaining the confidentiality of confidential information entered into charts 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
You shall not make the following types of Content available. You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content that (a) is libelous, defamatory, obscene, pornographic, abusive, or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; or (c) discloses personal health information or violates the provisions of the Health Insurance Portability and Accountability Act (HIPAA). Company reserves the right to terminate your receipt, transmission, or other distribution of any such material using the Service, and, if applicable, to delete any such material from its servers. Company intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws.

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
Infogram allows you to insert third party content, such as a company logo, into your infographics and/or charts. 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
Infogram 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.

4.7. DMCA
Infogram 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 support@infogr.am 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:

  1. 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;
  2. A sufficiently detailed description of the content on the Site that you claim infringes the copyrighted work;
  3. Your contact information, including your full name, mailing address, telephone number, and email address, if available;
  4. 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;
  5. 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"; and
  6. 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 support@infogr.am. 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:

  1. 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;
  2. Your name, address, telephone number and, if available, email address;
  3. 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 Infogram Software, Inc may be found, and I will accept service of process from the complaining party who notified Infogram Software, Inc of the alleged infringement or an agent of such person."; and

  4. 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

Company reserves the right to revoke your license and terminate your use of the Service and/or the Site. To ensure that Company provides a high quality experience for you and for other users of the Site and the Service, you agree that Company or its representatives may access your account and activity on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Site or the Service. Company does not intend to disclose the existence or occurrence of such an investigation unless required by law, but Company reserves the right to terminate your account or your access to the Site immediately, with or without notice to you, and without liability to you, if Company believes that you have violated any of the Terms of Use, furnished Company with false or misleading information, or interfered with use of the Site or the Service by others.

7. Indemnification

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 warrant, 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 NONINFRINGEMENT. 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 Infogram.
10.3. In addition to the prohibited uses outlined in Sections 4 and 5, you will also not use the Site or Services for any unlawful purposes or to conduct any unlawful activity, including but not limited to, fraud, embezzlement, money laundering, and any other activity prohibited by law or these Terms of Use.
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. Term of the Agreement, Fees, Invoicing

The following apply to the Services’ paid plans only:
11.1. You may agree to a one (1) month, six (6), twelve (12) month or twenty-four (24) month contract agreement with Infogram on recurring billing basis.
11.2. You may upgrade or downgrade your service agreement to any other contract agreement that Infogram is currently offering for sale at any time during your contract term. In the event of a contract downgrade, a discount credit will be issued to your Infogram account for the difference in the cost of the two contracts over the remainder of your original contract term. This credit can be applied to future months of service with Infogram, and is in no way transferable to a cash refund.
11.3. 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 abovementioned.
11.4. 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. Cancelation and Termination

12.1. Services may be terminated by us, without cause, at any time.
12.2. Services may be terminated by you, without cause, by following the cancellation procedures set forth in this Section.
12.3. Infogram 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.
12.4. Notice of termination of Services by Infogram may be sent to the contact e-mail associated with your account. Upon termination, Infogram will delete all data, files, or other information that is stored in your account and it’s in your responsibility to retrieve and back up all account contents before termination.
12.5 Upon cancellation, whether voluntary by you, or for reason of non-payment Infogram 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 back up all account contents before termination.

13. Links and Affiliated Sites

Company has no control over, and no liability for any third party websites or materials. Company works with a number of partners and affiliates whose Internet sites may be linked with or from the Site. Because neither Company nor the Site has control over the content and performance of these partner and affiliate sites, Company makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and Company assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Site, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that Company makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content, and that, unless expressly provided otherwise, these Terms of Use shall govern your use of any and all third party content.

14. Copyright

All contents of Site or Service are: Copyright © 2016 Infogram Software Inc, 2440 Mariposa Street, San Francisco, CA, 94107, 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 infographics and/or charts created by combining your Content with the Service will not be considered to be works of joint authorship, or derivative works from your Content.

15. Governing Law

These Terms of Use shall be construed in accordance with and governed by the laws of California, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the municipal or federal courts in the state of California for all disputes arising out of or related to the use of the Site or Service.

16. Severability; Waiver; Assignment

If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party. Infogram may assign or delegate some or all of its rights and obligations under this Agreement.

17. Modifications and Amendments

Company may, in its sole discretion and without prior notice, (a) revise these Terms of Use; (b) modify the Site and/or the Service; and (c) discontinue the Site and/or Service at any time. Company shall post any revision to these Terms of Use to the Site, and the revision shall be effective immediately on such posting. You agree to review these Terms of Use and other online policies posted on the Site periodically to be aware of any revisions. You agree that, by continuing to use or access the Site following notice of any revision, you shall abide by any such revision.

18. Contact Us

If you have any questions about these Terms and Conditions of Use, please contact us at: hello@infogr.am.

19. ACKNLOWLEDGEMENT

BY USING THE SERVICE OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.