Plotly

Terms of Service

Last Revised: February 10, 2017


Welcome to Plotly! Our product goal is for anyone to be able to make and share a beautiful graph for free.  Crafting graphs and communicating data is empowering. We believe it’s also good for the world when data is free and available.

When you make something on Plotly (graphs, a dataset, etc.), you retain the rights to your content (see “User Content” section). You also control whether your graphs are public or private. Plotly provides options for individuals and organizations based upon a variety of factors, as outlined below:


Plotly does not provide refunds for Personal, Professional or Student Version subscriptions.

More details on the above options can be found at http://plot.ly/plans.

The following Terms of Service ("Terms") govern your access to and use of the related websites, networks, and other services provided by Plotly (collectively, the “Service”). The Service is operated by Plotly ("us", "we" or "Plotly").

PLEASE REVIEW THIS ENTIRE AGREEMENT CAREFULLY. THE SERVICE IS OFFERED TO YOU SUBJECT TO THESE TERMS.  BY CLICKING “ACCEPT” OR BY ACCESSING THE SERVICE IN ANY MANNER, YOU SIGNIFY THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, INCLUDING ALL PLOTLY POLICIES THAT HAVE BEEN MADE AVAILABLE TO YOU AND GOVERN YOUR USE OF THE SERVICE. IF YOU DO NOT AGREE TO ABIDE BY THESE TERMS, YOUR SOLE REMEDY IS TO NOT USE OR ACCESS THE SERVICE.

Eligibility

In order to use the Service, you must be the age of majority in your jurisdiction and fully able and competent to enter into these Terms.  You represent and warrant that you meet these eligibility requirements.  If you are using or opening an account on the Service on behalf of a company, entity, or organization, then you represent and warrant that you are an authorized representative of that entity with the authority to bind such entity to these Terms.  

Account Registration

To access and use the Service, you must register for an account. When registering, you must fill in all mandatory fields with accurate, current and complete information about yourself as prompted in the registration form and keep this information up to date. Plotly has the right to suspend or terminate your account and refuse any and all use of the Service if it suspects that your account information is inaccurate, not current or incomplete.

Privacy

We may collect registration and other information about you through the Service. Our collection, use, and disclosure of this information is described in the Plotly Privacy Policy available at http://plot.ly/privacy.

Account Security

You are responsible for maintaining the confidentiality of the password and username you provided during the registration process, and you are fully responsible for all activities that occur under your password or account. You agree to immediately notify Plotly of any unauthorized use of your password or username or any other breach of security.

Government Users

Please note that if you are accessing any Plotly service in your capacity as a government entity, this Amendment to Plotly Terms of Service shall apply to you.

Paid Services

Plotly may charge fees for access to certain portions of the Service based upon subscription level (“Paid Services”), and will notify you of those fees at the time that we offer you a Paid Service. Sharing access to a paid service with another individual is a violation of Plotly’s Terms of Service. By electing to access a Paid Service, you authorize Plotly to direct its third party payment processor to charge the credit card identified by you (which you represent and warrant that you are authorized to use) all applicable fees for that Paid Service in U.S. dollars, including all applicable taxes. If Plotly does not receive payment from your credit card provider, you agree to pay all amounts due upon demand and Plotly may suspend your access to the Paid Services until you have paid all outstanding amounts. You agree to reimburse any costs or expenses (including, but not limited to, reasonable attorneys’ fees) incurred by Plotly to collect any amounts that are not paid when due. You may cancel your use of a Paid Service or your account at any time. All sales are final and Plotly will not refund any amounts paid, except as expressly provided in these Terms. You acknowledge that Plotly reserves the right to change its fees at any time upon prior notice to you. At no time will you be charged without your prior knowledge and consent.

Support Levels for Plotly Subscriptions

Plotly provides support based upon your subscription level. Learn more at support.plot.ly.

Cancellations

Plotly does not provide refunds for Personal, Professional or Student Version subscriptions. Plotly subscriptions automatically renew at the anniversary date of the original subscription. Subscribers may cancel an account no later than 48 hours after the automatic renewal without penalty.

Account Termination

Plotly may terminate your account and your access to the Service (including, any Paid Service) at any time, for any reason, without warning. You may terminate your account and your access to the Service at any time, for any reason, by contacting us by email at accounts@plot.ly. Requests for account termination may also be sent to us at the mailing address included at the end of these Terms. Even after your account is terminated, these Terms will remain in effect. Terminating your account does not imply you are due a refund from Plotly. If Plotly terminates your access to a Paid Service solely for its convenience, Plotly will refund any amounts paid by you for use of the Paid Service after the effective termination date.

Storage; Inactive Accounts

You acknowledge that Plotly may establish general practices and limits concerning use of the Service, including without limitation limits on the periods for which data or other uploaded content will be retained by Plotly. You agree that Plotly has no responsibility or liability for the deletion or failure to store any data or other content maintained by or transmitted to Plotly. You acknowledge that Plotly reserves the right to deactivate your account if it is inactive for longer than one (1) year.

Ownership; Proprietary Rights

The Service is owned by Plotly. All text, images, designs, computer code, software, graphics, user interface, and all other elements of the Service (collectively, "Content"), and all intellectual property and proprietary rights therein, are owned by Plotly or its third-party licensors to the full extent permitted by United States and international law.  All rights in the product names, company names, trade names, logos, and designs of all Plotly or third-party products or services, belong exclusively to Plotly or their respective owners. The use of these trademarks or any Content, is expressly prohibited, and nothing stated or implied on the Service confers on you any license or right other than those expressly granted in these Terms.  Plotly may update the Service from time to time, in its sole discretion.

User Content; License to User Content

You retain all rights to your User Content. User content means data, graphs, code, commentary, and derivative works you import, create, share, modify, and distribute through Plotly's platform or products.

By setting your work to be viewed publicly, you agree to allow others to view, copy, and re-use your work and the underlying data. For any User Content that you upload to or generate through the Service and publicly share, you grant us a worldwide, perpetual, royalty-free, transferable, right to use, reproduce, modify, adapt, publish, prepare derivative works of, distribute, and publicly display that User Content. You may modify or remove your User Content via your Plotly account or by terminating your Plotly account.

You agree not to upload to the Service or otherwise post, transmit, make available, distribute, or disseminate through the Service any material that: (a) breaches any duty toward or rights of any person or entity, including rights of publicity, privacy rights, or similar rights; (b) contains corrupted data or any other harmful, disruptive, or destructive files or computer code; (c) is offensive or otherwise objectionable; (d) restricts or inhibits any person or entity from using or enjoying any portion of the Service; (e) may expose Plotly, its affiliates, or other users to harm or liability of any nature; (f) constitutes unsolicited or unauthorized advertising, promotional materials, spam, or any other form of solicitation; or (g) contains the private or confidential information of another person (including personal health information) or entity without that person’s or entity’s authorization, or (h) violates any law or regulatory requirement.

Although Plotly has no obligation to screen, edit, or monitor any User Content, Plotly reserves the right, and has absolute discretion, to screen, edit, or remove any User Content at any time and for any reason without notice. You further understand and agree that Plotly may use or disclose any information related to you (including User Content) in order to investigate, prevent, or take action regarding activities that may be prohibited or unlawful, to exercise our legal rights under the Terms, or to otherwise protect the rights and property of Plotly or any third party.

WE CAN TAKE NO RESPONSIBILITY AND ASSUME NO LIABILITY FOR ANY USER CONTENT (INCLUDING, WITHOUT LIMITATION, ANY LOSS OR DAMAGE TO YOUR USER CONTENT, YOUR INABILITY TO ACCESS YOUR USER CONTENT, AND ANY THIRD PARTY’S UNAUTHORIZED ACCESS TO YOUR USER CONTENT).

Use of the Service; Applicable Laws

You are required to comply with all applicable laws in connection with your access to and use of the Service. As a condition of your access to and use of the Service, you warrant that you will not use the Service for any purpose that is unlawful or prohibited by these Terms. Use of the Service (including, without limitation, any graphs, charts or other output generated by the Service) is for the use described in these Terms and Plotly does not grant you any express or implied rights to access or use the Service for any other purpose.

Health Data

You shall comply with the obligations under the Health Insurance Portability and Accountability Act (“HIPAA”) in use of the Service. Plotly does not have, and will not accept, any obligations of confidentiality with respect to any communications other than those expressly stated in these Terms or the Privacy Policy.

You agree to fully de-identified all heath data pursuant to the HIPAA privacy rule standards for de-identification set forth in 45 CFR 164.514(b), prior to being uploaded to Plotly.  You agree to remove any information that would enable Plotly or a third party to associate any health data with a specific individual or group of individual.

You declare that you have the right to communicate or broadcast all health data and that you have obtained all necessary authorizations and, where legally required, prior specific, informed and freely given consents from the individuals from which the data is obtained or derived prior to submitting the data to Plotly.

Prohibited Uses Generally

Without limiting any other section of these Terms, you agree not to:

Violations of system or network security may result in civil or criminal liability. In accordance with these Terms, Plotly will investigate and work with law enforcement authorities to prosecute users who are involved in such violations.

Prohibited Uses: Community Subscription / Personal Subscription / Professional Subscription

Plotly subscriptions are intended for use by individuals for personal, commercial, and educational purposes. Sharing access to a paid service with another individual is a violation of Plotly’s Terms of Service.

Generic user accounts (e.g., marketing@yourcompany.com) whose creation is intended solely for the purpose of sharing a Personal or Professional account is strictly prohibited.

Charts hosted on plot.ly, whether public or private, may not be embedded in any commercial, fee based application, service, or product. For information about OEM usage of Plotly, please contact sales@plot.ly.

Third-Party Services

To the extent that the Service interacts with third party services, if a third party ceases providing a relevant service, it may affect Plotly’s ability to provide part or all of the Service.  Under such circumstances, Plotly may cease providing the Service without any refund to you.  In addition, the Service may contain links to websites of third parties as a service to those interested in this information. We do not monitor or endorse any such websites and can make no guarantee as to their accuracy or completeness.  You should review the applicable terms and policies, including privacy and data gathering practices, of any third party websites accessible through the Service.  In addition, the Service may contain advertisements from third parties. Any terms, conditions, warranties, or representations associated with such advertisements or any products or services provided by third party advertisers to you are solely between you and such third party.

Member Disputes

You are solely responsible for your interactions with other members of the Plotly community.  Plotly reserves the right, but has no obligation, to monitor disputes between you and other members.

Notice of Copyright Infringement

Plotly respects the intellectual property rights of others, and asks you to do the same. It is Plotly’s policy to terminate the access privileges of those who repeatedly infringe the copyright rights of others. If you believe that your work has been posted on the Service in a way that constitutes copyright infringement, please contact Plotly’s copyright agent at the address below and provide the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) a description of the copyright-protected work that you claim has been infringed; (c) the location on the Service of the material that you claim is infringing; (d) your address, telephone number, and email address; (e) a statement by you regarding your good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. By submitting a copyright infringement notice, you acknowledge and agree that Plotly or its copyright agent may forward the information you provide in this notice to the person who uploaded the allegedly infringing material.

You may write to Plotly’s designated agent for notice of copyright infringement at:

Plotly, Inc

5555 avenue de Gaspé, Suite 201

Montréal, Québec H2T 2A3

Canada

By submitting a copyright infringement notice, you acknowledge and agree that Plotly or its copyright agent may forward the information you provide in this notice to the person who uploaded the allegedly infringing material. Plotly will remove any content that allegedly infringes upon the copyright of any person under the laws of the United States upon receipt of such a statement (or, more specifically, any statement in conformance with 17 U.S.C. § 512(c)(3)). United States law provides significant penalties for submitting such a statement falsely.

If you believe that your removed or disabled User Content is not infringing, or that you have the authorization or right to post and use that User Content from the copyright owner, the copyright owner's agent, or pursuant to law, you may send a counter-notice containing the information required by Section 512(g)(3) of the Digital Millennium Copyright Act (17 USC § 512(g)(3)). Plotly or its copyright agent will forward your counter-notification to the party who submitted the original copyright infringement claim. If the original claimant does not file an action seeking a court order to restrain you from engaging in infringing activity related to the removed or disabled User Content within ten (10) business days of receiving the counter-notice from Plotly, then Plotly may, in its sole discretion, reinstate the removed or disabled material.  Please note that under Section 512(f) of the Digital Millennium Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.

Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS." PLOTLY MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER RELATING TO THE SERVICE, LINKED SITES, OR OTHER CONTENT THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH THE SERVICE. PLOTLY EXPRESSLY DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD-PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS. FURTHER, THERE IS NO WARRANTY THAT THE SERVICE WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, PLOTLY MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED: (A) THAT THE INFORMATION, GRAPHS, CHARTS, DATA AND OTHER CONTENT PROVIDED THROUGH THE SERVICE WILL BE ACCURATE, RELIABLE, AND COMPLETE AND FREE FROM ERRORS, OMISSIONS, DEFECTS, OR DELAYS IN OPERATION; (B) THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (C) THAT DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED; OR (D) THAT THE CONTENT ON THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Limitation of Liability

IN NO EVENT WILL PLOTLY OR ITS AFFILIATES, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICE BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE CONTENT, SERVICE OR ANY LINKED SITES, OR IN CONNECTION WITH ANY LOST OR CORRUPTED DATA OR USER CONTENT OR UNAUTHORIZED THIRD PARTY ACCESS TO ANY DATA OR USER CONTENT, FAILURE OF PERFORMANCE, , DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE. IN THE EVENT THAT YOU HAVE A DISPUTE WITH ANOTHER USER IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICE, YOU RELEASE PLOTLY FROM ANY CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH A DISPUTE. THE MAXIMUM TOTAL LIABILITY OF PLOTLY, ITS AFFILIATES AND LICENSORS TO YOU FOR ANY CLAIM UNDER THIS AGREEMENT, IS THE LESSER OF: (A) THE AMOUNT RECEIVED BY PLOTLY FROM YOU DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM OR (B) $100.  

EACH PROVISION OF THIS AGREEMENT THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THIS AGREEMENT BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND PLOTLY. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT.

THESE LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF PLOTLY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES, PLOTLY'S LIABILITY IN SUCH JURISDICTIONS WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

Indemnification

You will indemnify, defend and hold Plotly and its licensors harmless (and our respective employees, directors, agents, affiliates and representatives) from and against any and all claims, costs, losses, damages, judgments, tax assessments, penalties, interest, and expenses (including without limitation reasonable attorneys’ fees) arising out of any claim, action, audit, investigation, inquiry, or other proceeding instituted by a person or entity that arises out of or relates to: (i) your use of the Service or any activity on the Service via your account, (ii) your violation of any provision of these Terms including any of your covenants, warranties or representations hereunder, (iii) any User Content uploaded to Plotly, or (iv) the collection, storage, or disclosure of personal or health data or disclosure of personal information or health data in violation of applicable law, or any failure to obtain consents or authorizations for such data required by applicable law. Plotly reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims.  You may not settle any matter without the prior written consent from Plotly.  

Choice of Law and Forum

These Terms are governed by the laws of the State of California. The provisions of the United Nations Convention on the International Sale of Goods and the Uniform Computer Information Transactions Act, however designated, are excluded and will not apply to these Terms or any transactions under these Terms. If there is any dispute between us concerning the Terms or your access to or use of the Service, we both agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located in Santa Clara, CA for the purpose of litigating all such claims or disputes.

Feedback

If you provide feedback to Plotly regarding the Service or Content (“Feedback”), you authorize Plotly to use that Feedback without restriction and without payment to you. Accordingly, you hereby grant to us a fully paid up, perpetual, irrevocable, worldwide, fully transferable and sublicensable license to use the Feedback in any manner and for any purpose.

No Waiver

The failure of Plotly to enforce any provisions of these Terms or respond to a breach by you or other parties will not in any way waive Plotly’s right to enforce subsequently any terms or conditions of these Terms or to act with respect to similar breaches.

Notice  

Plotly may provide you with notices by electronic mail, regular mail or postings on the Service.  If notice is provided by electronic mail, notice will be deemed given twenty-four hours after electronic mail is sent, unless Plotly is notified that the electronic mail address is invalid.  If notice is provided by posting through the Service, then notice will be deemed given upon such posting.  Alternatively, we may give you legal notice by mail to a postal address, if provided by you through the Service.  In such case, notice will be deemed given three days after the date of mailing

Miscellaneous

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Plotly as a result of these Terms or your access to and use of the Service. A printed version of these Terms and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. This Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Plotly without restriction, including by operation of law, merger, or sale of all or substantially all of the assets to which these Terms pertains.  Any assignment attempted to be made in violation of these Terms shall be void. Unless otherwise specified herein, these Terms constitutes the entire agreement between you and Plotly and governs your use of the Service. If any portion of these Terms is held invalid or unenforceable, that portion will be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intention of the parties, and the remaining portions will remain in full force and effect.

Contact Information

The services hereunder are offered by:

Plotly, Inc

5555 avenue de Gaspé, Suite 201

Montréal, Québec H2T 2A3

Canada

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