These Terms of Service are a legal contract between you and Wondergraphs.
By checking the “I have read and I accept the Wondergraphs Terms of Service” box displayed as part of the sign-up process, you agree to the terms and conditions set forth in this agreement which governs your use of Wondergraphs’ data analysis, data visualization, reporting and collaboration services (collectively, the “Service”).
If you are entering into this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these terms and conditions, in which case the terms “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with these terms and conditions, you may not use the service.
Your registration for and/or use of, the Service shall be deemed to be your agreement to abide by this Agreement including any materials available on the Wondergraphs website incorporated by reference herein, including but not limited to Wondergraphs’ privacy policy.
Wondergraphs hereby grants you a non-exclusive, non-transferable, worldwide right to use the Service, solely for your own internal business purposes, subject to the terms and conditions of this Agreement.
All rights not expressly granted to you are reserved by Wondergraphs and its licensors.
You may not access the Service if you are a competitor of Wondergraphs. You may not access the Service for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes.
You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or the Content in any way; (ii) modify or make derivative works based upon the Service or the Content; (iii) falsely imply that another site is associated with the Service or Wondergraphs; or (iv) reverse engineer, decompile, exploit or access the Service in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Service, or (c) copy any ideas, features, functions or graphics of the Service, or (d) obtain, collect, store or modify the personal information about other users
Licenses cannot be shared or used by more than one individual User but may be reassigned from time to time to new Users who are replacing former Users who no longer use the Service.
You may use the Service only for your business purposes and shall not: (i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or in violation of third party privacy rights; (iii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Service or the data contained therein; or (v) attempt to gain unauthorized access to the Service or its related systems or networks.
You are responsible for all activity you perform with the Service.
You shall abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the Service, including, without limitation, those related to data privacy, international communications and the transmission of technical or personal data. You shall: (i) notify Wondergraphs immediately of any unauthorized use of any password or account or any other known or suspected breach of security; (ii) report to Wondergraphs immediately and use reasonable efforts to stop immediately any copying or distribution of Content and Customer Data that is known or suspected by you or your user using your account and (iii) not impersonate another Wondergraphs user or provide false identity information to gain access to or use the Service.
Wondergraphs’ privacy policy is available at http://www.wondergraphs.com/privacy.
You acknowledge that Wondergraphs uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to provide the Service.
You acknowledge that the technical processing and transmission of the Service, including your Customer Data, may be transferred unencrypted and involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.
Wondergraphs does not own and shall not be responsible for any data, reports, graphs, information or material that you submit to or create with the Service in the course of using the Service (”Customer Data”).
You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all Customer Data, and Wondergraphs shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Customer Data.
Wondergraphs, in its sole discretion, reserves the right to adjust the maximum storage limit of Customer Data of any user account, at any time without prior notice.
You expressly acknowledge and agree that you shall not submit to the Service any (i) Data with Personal Information nor (ii) any Protected Health Information subject to the Health Insurance Portability and Accountability Act (“HIPAA”) (where “Protected Health Information” has the meaning set forth in HIPAA).
Wondergraphs does not pre-screen Customer Data, but Wondergraphs has the right, but not the obligation, in its sole discretion to refuse or remove any Customer Data that is available via the Service.
Your reports will not be available for any third party to view at a publicly available URL unless you choose to make your Reports public. If you have elected to make reports public you acknowledge that third parties may view and have access to such reports, and that Wondergraphs has no control over third parties' use of such reports. You acknowledge that search engines may index public reports.
Wondergraphs agrees to provide access to your reports only to you and to those certain e-mail addresses you designate as part of your shared distribution list in your user account. Wondergraphs acknowledges and agrees that you shall have the right to make any report available on your personal or company website, as applicable.
Wondergraphs agrees to manage your reports in accordance with Wondergraphs’ Privacy Policy.
Wondergraphs shall own all right, title and interest, including all related Intellectual Property Rights, in and to the Wondergraphs Technology, the Content and the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Service.
This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Service, the Wondergraphs Technology or the Intellectual Property Rights owned by Wondergraphs. The Wondergraphs name, the Wondergraphs logo, and the product names associated with the Service are trademarks of Wondergraphs or third parties, and no right or license is granted to use them.
By setting your reports to be shared publicly, you (a) agree to allow others to view and share such reports and all related Customer Data, and (b) grant Wondergraphs a worldwide, irrevocable, perpetual, royalty-free, transferable and sub-licensable, non-exclusive right to use, copy, modify, distribute, display, perform, create derivative works and exploit your report and related Customer Data in connection with Wondergraphs’ operation of the Service.
The Service is available through a free and several paying Subscription Plans. The features and restrictions available in each Subscription Plans are available at http://www.wondergraphs.com/pricing.
Wondergraphs requires a valid credit card for paying Subscription Plans. Wondergraphs does not require credit card information for the free Subscription Plan.
Wondergraphs will bill you monthly starting on the 30th day after you signed up for the Service. If you cancel prior to the 30th day, you will not be charged.
For paying Subscription Plans, Wondergraphs will bill you in advance on a monthly basis.
An upgrade from the free Subscription Plan to any paying plan will end your free Subscription Plan and you will be billed for your first month immediately upon upgrading.
For any upgrade or downgrade in Plan, your credit card that you provided will automatically be charged the new rate on your next billing cycle. Downgrading your Service may cause the loss of Customer Data, features, or capacity of the Service. Wondergraphs does not accept any liability for such loss. Wondergraphs does not provide refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
You may at any time terminate this Agreement by logging into the Service, navigating to the “My Organization” section and selecting to cancel your Wondergraphs account. Wondergraphs does not accept email or phone requests to cancel your account.
Termination of this Agreement shall not relieve you of any payment obligations that may have arisen prior to termination, or any other obligations pursuant to any other agreement that has not been specifically terminated.
Upon any termination of this Agreement your Account shall be cancelled and your access to the Service shall be deactivated and all Customer Data that has not been shared publicly shall be removed from the Service within a reasonable time period of the effective data of termination.
You agree that Wondergraphs may, at any time, terminate this Agreement in its sole discretion, including, without limitation, for breach by you of any of your representations, warranties or obligations under this Agreement, or for inactivity as it relates to the Service for a period of 90 days.
Wondergraphs asks that you respect Users of the Service and the public. You agree not to:
This list of prohibitions is an example and is not complete or exclusive.
Wondergraphs reserves the right to (a) terminate or suspend your access to the Service, and (b) delete or remove any reports or move any reports from "public" to "private" status; with or without cause and with or without notice, for any reason or no reason, or for any action that Wondergraphs determines is inappropriate or disruptive to the Service, services or to any other user of the Service and/or services.
Wondergraphs may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at Wondergraphs' discretion, Wondergraphs will cooperate with law enforcement agencies in any investigation of alleged illegal activity.
You understand that your interactions with other users of the Service are solely between you and such other user. Wondergraphs shall not be responsible for any loss or damage of any sort incurred as a result of any such interactions and/or dealings.
Each party represents and warrants that it has the legal power and authority to enter into this Agreement.
Wondergraphs represents and warrants that it will provide the Service in a manner consistent with general industry standards reasonably applicable to the provision thereof.
Wondergraphs makes no representation, warranty, or guaranty as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of the Service or any Content. Wondergraphs do not represent or warrant that (a) the use of the service will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data, (b) the service will meet your requirements or expectations, (c) any stored data will be accurate or reliable, (d) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your requirements or expectations, (e) errors or defects will be corrected, or (f) the service or the server(s) that make the service available are free of viruses or other harmful components. The service and all content is provided to you strictly on an “as is” basis. All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby disclaimed to the maximum extent permitted by applicable law by Wondergraphs and its licensors. The service may be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications. Wondergraphs is not responsible for any delays, delivery failures, or other damage resulting from such problems.
You shall indemnify and hold Wondergraphs, its licensors and each such party’s parent organizations, subsidiaries, affiliates, officers, directors, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (i) a claim alleging that use of the Customer Data infringes the rights of, or has caused harm to, a third party; (ii) a claim, which if true, would constitute a violation by you of your representations and warranties; or (iii) a claim arising from the breach by you or your Users of this Agreement, provided in any such case that Wondergraphs (a) gives written notice of the claim promptly to you; (b) gives you sole control of the defense and settlement of the claim (provided that you may not settle or defend any claim unless you unconditionally release Wondergraphs of all liability and such settlement does not affect Wondergraphs’ business or Service); (c) provides to you all available information and assistance; and (d) has not compromised or settled such claim.
Wondergraphs shall not be liable for any claim arising out of or relating to the service and/or this agreement exceed five hundred dollars ($500). Wondergraphs and/or its licensors shall not be liable to anyone for any indirect, punitive, special, exemplary, incidental, consequential or other damages of any type or kind (including loss of data, revenue, profits, use or other economic advantage) arising out of, or in any way connected with the service and/or this agreement, including but not limited to the use or inability to use the service, or for any content obtained from or through the service, any interruption, inaccuracy, error or omission, regardless of cause in the content, even if Wondergraphs and/or its licensors have been previously advised of the possibility of such damages or could have reasonably foreseen them.
Wondergraphs shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental, consequential or certain other types of damages, so the exclusions set forth above may not apply to you.
The Service utilizes software and technology that may be subject to United States and foreign export controls. You acknowledge and agree that the Service shall not be used, and none of the underlying information, software, or technology may be transferred or otherwise exported or re-exported to countries as to which the United States maintains an embargo (collectively, “Embargoed Countries”), or to or by a national or resident thereof, or any person or entity on the U.S. Department of Treasury’s List of Specially Designated Nationals or the U.S. Department of Commerce’s Table of Denial Orders (collectively, “Designated Nationals”). The lists of Embargoed Countries and Designated Nationals are subject to change without notice. By using the Service, you represent and warrant that you are not located in, under the control of, or a national or resident of an Embargoed Country or Designated National. The Service may use encryption technology that is subject to licensing requirements under the U.S. Export Administration Regulations, 15 C.F.R. Parts 730-774 and Council Regulation (EC) No. 1334/2000. You agree to comply strictly with all applicable export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required. Wondergraphs and its licensors make no representation that the Service is appropriate or available for use in other locations. You are solely responsible for compliance with all applicable laws, including without limitation export and import regulations of other countries. Any diversion of the Content contrary to law is prohibited. None of the Content, nor any information acquired through the use of the Service, is or will be used for nuclear activities, chemical or biological weapons, or missile projects.
Wondergraphs may give notice by means of a general notice on the Service or email to your e-mail address on record in the Service.
You may give notice to Wondergraphs by sending a letter to:
Wondergraphs LLC
2711 Centreville Road, Suite 400
Wilmington, DE 19808
Wondergraphs reserves the right to update and change this Agreement from time to time without notice. Any new features that augment or enhance the Service, including the release of new tools and resources, shall be subject to this Agreement. Continued use of the Service after any such changes shall constitute your consent to such changes.
Wondergraphs reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
Prices of the Subscription Plans, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice.
Any actual or proposed change in control of you that results or would result in a competitor of Wondergraphs directly or indirectly owning or controlling 50% or more of you shall entitle Wondergraphs to terminate this Agreement for cause immediately upon written notice.
The following Sections shall survive the termination and/or expiration of this Agreement: Intellectual Property Ownership; Representations and Warranties; Indemnification; Limitation of Liability; and General.
This Agreement shall be governed by California law and controlling United States federal law, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the Service shall be subject to the exclusive jurisdiction of the state and federal courts located in California.
No text or information set forth on any other purchase order, preprinted form or document shall add to or vary the terms and conditions of this Agreement. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect.
The failure of Wondergraphs to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Wondergraphs in writing. This Agreement, together with any applicable Order Form, comprises the entire agreement between you and Wondergraphs and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein.
Please contact us at info@wondergraphs.com if you have questions regarding this Agreement, or would like additional information or clarification.