Last Revised: [June 28, 2019]
Welcome to Plotly! This Terms of Service (“Terms”) shall govern your access to and use of the related websites, networks, products, and other services provided by Plotly (collectively, the “Service”). The Service is operated by Plotly (“us,” “we” or “Plotly”). The TOS constitutes the entire agreement between you and Plotly governing your use of the Service, and supersedes any prior agreements between you and Plotly with respect to the Service. In the event that you purchase certain other Plotly services or products, you may be subject to additional terms and conditions.
When you create something using the Plotly Services (graphs, a dataset, etc.), you retain the rights to your content (see “User Content” section). You also control whether your graphs are available to the public or are for private use.
When using the Services, you shall be subject to any other terms applicable to such Services or other rules, which may be posted on our website from time to time. All such terms and rules are hereby incorporated by reference into these Terms.
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 AND, IF APPLICABLE, ALL PLOTLY LICENSE AGREEMENTS (“PLA”), OR OTHER RELATED TERMS AND CONDITIONS THAT HAVE BEEN MADE AVAILABLE TO YOU OR ARE OTHERWISE POSTED ON OUR WEBSITE, WHICH ARE INCORPORATED HEREIN 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.
Our Service is not directed to children under the age of 13. If you are under 13 years of age, then please do not use or access the Service or provide any information on this Website or on or through any of its features/register on the Website, make any purchases through the Website, use any of the interactive or public comment features of this website or provide any information about yourself to us, including your name, address, telephone number, email address or any screen name or user name you may use, at any time or in any manner.
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.
To access and use portions of the Service, you may be asked to register 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.
Should you choose to purchase a Plotly subscription, this subscription will automatically renew at the anniversary date of the original subscription. In the event you have purchased a subscription, you may cancel that subscription no later than 48 hours after the automatic renewal without penalty. For all other products, Plotly does not provide refunds for its products.
Plotly provides support based upon your subscription level. All users have access to Plotly’s community forum located at https://community.plot.ly for all questions concerning Plotly and Dash. Enterprise Dash users may contact our support team directly via email at firstname.lastname@example.org. All other Dash users may refer to our community forum at https://community.plot.ly for support issues. Personal and Professional Chart Studio Cloud users may contact our support team via chat system by logging in at https://plot.ly/ or https://support.plot.ly/ to open an intercom ticket. If you are an open source developers that needs help with plotly.js, plotly.py or plotly.r please refer to https://support.plot.ly/ for support information. We do not currently offer any customer support to our Community and Student subscribers. Please refer to the general support page located at https://support.plot.ly/ for more information regarding the Plotly support.
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.
Should you have an account with Plotly, Plotly may immediately 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 email@example.com. 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.
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.
Please note that if you are accessing any Plotly service in your capacity as a government entity, please consult the applicable terms of services located at https://plot.ly/amendment-to-plotly-terms-of-service-applicable-to-government-users/.
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, including but not limited to copying, reproducing, uploading, posting, publicly displaying, or distributing in any way to any other computer, server, or other form for publication or distribution or for any commercial enterprise, without Plotly’s express prior written consent, 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.
You may use any information on the Products and Services provided by Plotly for downloading, provided that you (1) use such information only for your personal, non-commercial informational purpose, (2) not delete any proprietary language in any and all copies of such documents, and (3) not make any additional representations or warranties relating to such information.
Plotly may update the Service from time to time, in its sole discretion. Except as authorized by Plotly or as expressly permitted by law, and subject to, at Plotly’s sole discretion, such additional fees as Plotly deems necessary, you agree not to modify, loan, sell, rent, lease, distribute or create any derivative works based on the Service or any other software or materials. Plotly, and its logos and products are or may be trademarks of Plotly. Except as authorized by Plotly in writing, you agree not to use in any manner Plotly’s logos or products.
Should you provide any ideas, suggestions, or documents, (“Ideas”) to Plotly via any feedback web pages or emails, you acknowledge and agree that: (a) these Ideas do not contain confidential or proprietary information; (b) Plotly is not under any confidentiality obligations, with respect to the Ideas; (c) Plotly shall be entitled to use such Ideas as it deems appropriate; (d) any Ideas provided to Plotly automatically become its property any Plotly shall not have any obligation towards you; and (f) you shall not be entitled to any compensation of any kind from Plotly under any circumstances.
Plotly may from time to time modify, terminate, or otherwise adjust its Services or products without providing prior notice. Any such changes or new releases shall be subject to these Terms. You understand and agree that the Service is provided “AS IS” and that Plotly assumes no responsibility for, the availability, deletion, or changes to the Services which it may make from time to time.
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 Technologies Inc.
5555 avenue de Gaspé, Suite 118
Montréal, Québec H2T 2A3
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.
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, irrevocable and fully sublicensable license 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 regulation.
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).
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.
Without limiting any other section of these Terms, you agree not to:
For information about OEM usage of Plotly, please contact firstname.lastname@example.org.
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.
You are required to comply with all applicable laws, including, but not limited to, all obligations under the Health Insurance Portability and Accountability Act (“HIPAA”), 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.
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. Furthermore, Plotly is not liable for any content on or available from such sites and shall not be liable for any damages or losses caused by such use or reliance on such sites. 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.
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; (D) THAT THE CONTENT ON THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (E) THAT THE RESULTS FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (F) THAT THE QUALITY OF ANY PRODUCTS, SERVICES, OR OTHER INFORMATION OBTAINED BY THE SERVICE WILL MEET YOUR EXPECTATIONS.
SHOULD YOU DOWNLOAD ANY MATERIAL THROUGH THE USE OF THE SERVICE YOU DO SO AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OF INFORMATION OR DAMAGE TO YOUR COMPUTER THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION OBTAINED FROM PLOTLY SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
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. ANY CLAIM UNDER THESE TERMS MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ARISES, OR SUCH CLAIM OR CAUSE OF ACTION IS BARRED. 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 DAMAGES, 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.
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, (iv) your connection to the Service, (v) your violation of any third-party’s rights, or (vi) 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.
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.
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.
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.
We may, from time to time, modify these Terms. Should we make substantial changes, we may notify you by posting these changes prominently on our Website or by sending you an email. Any such changes will be effective thirty (30) calendar days following the posting of such changes on our Website. Continued use of our Service following such notice is an acknowledgement and agreement on your part to be bound by the revised terms and conditions.
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 (3) days after the date of mailing.
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. These 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.
The services hereunder are offered by:
Plotly Technologies Inc.
5555 avenue de Gaspé, Suite 118
Montréal, Québec H2T 2A3