Terms of Service

Terms of Service Plottr

Effective Date: 1st of June 2018

Thank you for the visiting Plottr website ("Website"). This website is owned and operated by Plottr, a Delaware Corporation, located in San Francisco, CA ("Plottr"). Please read the following terms and conditions (the "Terms of Service") carefully before using the Website or accessing any services provided by Plottr through the Website ("Services"). Within these Terms of Services ("Agreement"), the user, will be described as "user" or "you", or "Client". By accessing this Website, you agree to be bound by these Terms of Service and the Privacy Policy located here: Privacy Policy. If you do not agree with these Terms of Service and Privacy Policy, you may not use the Website or Plottr's Services.

Intended Uses of Plottr

Plottr offers a host of tools to optimize the experience of a website to consumers and to an analyze the performance of the website features. The tools include a set of code intended to be placed within a Client's website code and a software designed to analyze the performance of the Client's website and to analyze how visitors to the Client's website interact with it. As an advance feature of the Services, the Services can alter portions of the Client website to optimize the content based on visitors' behaviors.

These Services and the technology underlying it are intended to be used as a software as a service licensed to the Client. Plottr does not allow alterations to the Services by Clients and you specifically agree that you shall not attempt to make copies of the codes or software provided by Plottr for any other reason except as explicitly allowed under the license given by Plottr for the Services.

Access to Plottr Services

Plottr's Services may be accessed by registering for an account with Plottr. Each account can subscribe to multiple Services, and grant access to these services to other subsidiary accounts. The initial creator of the primary account remains liable for billing and use, but Plottr requires these terms to apply to anyone who has access to an account, whether or not they subscribed to it. Upon registering and payment of applicable fees for the Services, you may download the code (snippet) which is to be place on your website or websites. Access to Plottr's software and online account management tools will also be available after account registration and payment of fees.

You agree to only provide accurate and fully transparent responses within your account registration and with any supplemental conversations with Plottr regarding your account. You are responsible for ensuring the privacy of your account login information and agree not to share it with anyone who is not a representative of your business. If you believe an individual or entity has received the credentials to your account, it is your responsibility to update the passcode of the account and to notify Plottr when you deem it is reasonably necessary for maintaining the confidentiality of your account.

License to Use Services

Subject to maintaining an active registration and payment of all fees associated with your account, you are given a worldwide, non-exclusive, non-transferable, non-sublicensable right and license to copy the applicable codes (snippets) into your website code and use the Services as provided by Plottr. Should you choose to not pay the fees required by Plottr for the Services, you agree you have terminated your license and all rights to the Services and codes from Plottr.

Use by Others

Plottr does require one person to be the primary contact for an account to use Plottr's Services. However, the account may be accessed by authorized individuals who represent the Client, provided that use is solely for the business associated with the account. Client will be responsible and liable for all Authorized Users' use and access and their compliance with the terms and conditions of this Agreement.

Restrictions on Use

Client must not (and must not allow any third party to: (i) rent, lease, copy, transfer, resell, sublicense, lease, time-share, or otherwise provide access to the Plottr Service or the codes given to Client by Plottr ("Plotter Assets") to a third party (except as described above for authorized users); (ii) incorporate the Plottr Assets (or any portion of them) with, or use it with or to provide, any site, product, or service, other than on Client websites owned-and-operated by Client and as specifically permitted above; (iii) publicly disseminate information regarding the performance of Plottr Assets; (iv) modify or create a derivative work of Plottr Assets or any portion of it; (v) reverse engineer, disassemble, decompile, translate, or otherwise seek to obtain or derive the source code, underlying ideas, algorithms, file formats, or non-public APIs to any Plottr Assets, except to the extent expressly permitted by applicable law and then only with advance notice to Plottr ; (vi) break or circumvent any security measures, rate limits, or usage tracking (such as event tracking) of the Service, or configure the Service (or any component thereof) to avoid sending events or impressions or to otherwise avoid incurring fees; (vii) distribute any portion of the Plottr Assets other than the codes to be installed on Client websites as described above; (viii) access the Plottr Assets or create an account through Plottr for the purpose of building a competitive product or service or copying its features or user interface; (ix) use the Plottr Assets for purposes of product evaluation, benchmarking, or other comparative analysis intended for publication without Plottr's prior written consent; or (x) remove or obscure any proprietary or other notices contained in the Plottr Assets, including in any reports or output obtained from the Plottr Assets.

Beta Releases and Free Access to Plottr Assets

At Plottr's sole discretion, Plottr may offer a Client access to new or updated features of the Service or codes, or for the Client to receive free access to Plottr Assets ("Beta Test" or "Beta Release"). This access is intended for the mutual benefit of Plottr and Client and may be offered at a discounted or free rate. Client understands that when a segment of the Services or Plottr Assets is provided to Client as a Beta Test or Beta Release, these features or tools are not guaranteed for long-term Client access. Plottr may use good faith efforts in its discretion to assist Client with the "Beta Test" or "Beta Release". Nevertheless, and without limiting the other disclaimers and limitations in this Agreement, CLIENT AGREES THAT ANY BETA TEST OR BETA RELEASE OF PLOTTR ASSETS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTY, SUPPORT, MAINTENANCE, STORAGE, SLA, OR INDEMNITY OBLIGATIONS OF ANY KIND. WITH RESPECT TO BETA RELEASES, CUSTOMER FURTHER ACKNOWLEDGES AND AGREES THAT BETA RELEASES MAY NOT BE COMPLETE OR FULLY FUNCTIONAL AND MAY CONTAIN BUGS, ERRORS, OMISSIONS, AND OTHER PROBLEMS FOR WHICH PLOTTR WILL NOT BE RESPONSIBLE. ACCORDINGLY, ANY USE OF BETA RELEASES ARE AT CLIENT'S SOLE RISK. Plottr makes no promises that future versions of Beta Releases or Beta Tests will be released or will be available under the same commercial or other terms. Plottr may terminate Client's right to use any Beta Tests or Beta Releases at any time for any reason or no reason in Plottr's sole discretion, without liability.

Rights to Use and Retain Client Data and Intellectual Property

The functionality of the Services is dependent on Client's data and the allowance for Plottr to use and reproduce certain information from Client that may also be deemed the intellectual property of Client including portions of the Client's website code, visitor information to the Client's website, text and imagery of the Client's website. Client shall retain all rights, title, and interest (including any intellectual property rights) in and to data collected by Plottr from the Client's website, the code of the Client's website (aside from code provided by Plottr) and the text and imagery of the Client's website. Client agrees it will protect and limit the transferring of any personally identifiable information regarding children under the age of 13. Client furthermore agrees that it will comply with all requests for deletion and requests of data export to the individual of personally identifiable information from residents of the European Union

Client understands and agrees that some information or data the Client places on its website or the data collected by Plottr from the Client's website might be the intellectual property of a third-party. Client is solely responsible for securing permission from the third-party that shall extend to Plottr's use of the intellectual property. Client warrants that it will post a legally adequate privacy policy on its website to notify visitors and receive visitors consent for the collection of their data through the Services and warrants that it will also receive permission from all visitors to have their information accessed, stored, and aggregated by Plottr.

If Client receives any take down requests or infringement notices related to data being collected by Plottr or data the Client could reasonably believe might be collected by Plottr, must promptly: (a) stop using the related data or property with the Service; and (b) notify Plottr. If Plottr receives any take down requests or infringement notices related to Client, of data or property collected by Plottr through the Client's website, Plottr shall take action it deems as reasonably needed to limit potential harm to Client and Plottr and notify Client when appropriate.

International users and Clients in particular must consult with a legal expert to determine if the Services are in compliance with the privacy laws and data protection rights of their county and the countries of their website visitors including the General Data Protection Regulations of the European Union. Client warrants that it shall take the steps necessary to make these determinations.

Requesting Copies of Data Collected

If the Client has an account that is a paid account and not a free account, clients can request a copy of all data during the time Client is paying for the Services and up to 30 days after termination of the Client account. Plottr makes no guarantees of maintaining or holding their data after 30 days (Holding Period) and will take no responsibility of providing them that data after the Holding Period. Client may still request the data after the Holding period, and if Plottr is still holding the data Plottr may release it after Client pays a processing fee, at Plottr's reasonable discretion. Free accounts will not have access to data upon termination.

Anonymizing and Aggregating Data

For the purpose of performing and enhancing the Services, Client agrees that Plottr will have the right to collect and generate an aggregation of data from Client's website and account (such as general demographics of the visitors to Client's website) which Plottr may use for any business purpose during or after the term Client is using the Services of Plottr. This can include the distribution of public reports, so long as Plottr anonymizes the origins of the data and it will not include the identity of the Client, and of the Client's personally identifiable information or the identity of personally identifiable information of Client website's visitors.

Security of Information & Data

Plottr adheres to commercially standard personnel and technology security systems to maintain the confidentiality and security of any information provided to Plottr by users or which Plottr has received during the course of providing services to users. Plottr will notify any users who Plottr reasonably believes could be affected by any security breach.

Storage of Client Data and Information

Plottr does not guarantee that it will hold, store, or archive any specific data from the Client or visitors to the Plottr website. Client understands and agrees that Plottr may delete any information or data it collects from Client for any reason, but typically this will occur because the information or data is outside of the data-retention margin specified for each package in the order form or it is no longer being actively used, or there is a request from an individual to delete their personal information. Additional guidelines for data-retention may be outlined in the Services offered to Client however, it should be assumed by Client that there will be no guarantees or data storage or collection within Beta Tests, Beta Releases, or free services offered to Client.

Support and Client Assistance

Client should reach out to Plottr via support@plottr.co with any support requests. Depending on the requests of Client, Plottr reserves the rights to charge additional consultation and support fees if requests are beyond scope of the Service package the Client is currently enrolled in.

Any feedback, comments, or suggestion (collectively "Comments") that a Client offers to Plottr unsolicited or during a support call shall provide Plottr a worldwide, perpetual, non-revocable sub-licensable, royalty-free right and license to use, copy disclose, license, distribute, and exploit any Feedback in any format and in any manner without any obligation, payment, or restriction based on intellectual property rights or otherwise to the Client or user who provided the Comments.

Payment of Fees

Enrollment within Services may require the payment of fees by Client. Fees must be paid in order to receive the Services. Plottr will notify Client of fees due by sending invoices. If invoices are unpaid, Plottr may terminate services within 10 days of an overdue invoice. Fees will be paid in US currency, by method detailed in the invoice.

Term and Termination of Agreement

For visitors of the Plottr website, this Agreement remains active and may be enforced by Plottr at any time for provisions applicable to those visiting the Website. For users who enroll in the Services, the term of those Services shall be determined by the order placed by Client and agreed to by Plottr. However, Plottr may terminate Services at any time for free, Beta Tests, and Beta Releases Services at any time. Plottr may also terminate as described above for unpaid invoices.

If Plottr believes that Client or a Website user is breaching this Agreement or using the Services or Website to harm Plottr or a third-party, Plottr may limit or suspend Client or user's access to Website and Services. For the avoidance of doubt, Customer will remain responsible for payment of fees during any suspension period. However, unless this Agreement has been terminated, Plottr will cooperate with Client to promptly restore access to the Services once it verifies that Client has resolved the condition requiring suspension or suspension is no longer reasonable.

Indemnification

Client and users of the Website and Services agree to defend and indemnify Plottr for any third-party claims and liabilities if they fail to receive consent from their website visitors for the use of Services and any breach of privacy rights from the use of the Services on the Client website, or if Client or a user provides Plottr with any intellectual property from a third-party for which the Client or user does not have permission to provide Plottr.

Publicity of Clients

While a Client has an account with Plottr, Client authorizes Plottr to use the Client's name, logo, and trademarks or service marks to identify the Client as a Plottr client, including on the Website, as well as other marketing or promotional materials and oral presentations.

Force Majeure

Neither party will be liable for any delay or failure to perform its obligation under this Agreement (except payment obligations) if the delay or failure is due to causes beyond its reasonable control, such as a strike, blockade, war, act of terrorism, riot, natural disaster, failure or reduction of power or telecommunications or data networks or services, or government act.

Updates and Amendments

These Terms of Service may be amended at any time with respect to general access and use of the Website. Updated terms shall be posted on this Website. For Clients with active enrollments or subscriptions to Services, both parties must mutually agree to amendments or updates in writing, except for free, Beta Tests and Beta Release Services, which may be unilaterally updated or amended by Plottr.

Links to Third-Party Websites

Plottr may link to third party websites through the Website. Plottr makes no guarantees that the websites featured on these links provide accurate or complete content. Links provided through the Website do not create an endorsement relationship or an affiliation with Plottr. Plottr reserves the right to remove these third-party links at any time. Please review the terms of use/services or privacy policies of these third-party websites for rights and restrictions.

Use of Plottr's Intellectual Property

Unless otherwise noted, the Website and all materials on the Website and Services including text, images, illustrations, designs, icons, photographs, video clips and other materials, and the copyrights, trademarks, trade dress and/or other intellectual property in such materials (collectively, the "Contents"), are owned, controlled or licensed by Plottr and other trademarks appearing on the Website are the trademarks of Plottr or its affiliates.

You may download or copy the contents and other downloadable materials displayed on the Website for your personal use only. No right, title or interest in any downloaded content is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the Contents or the Website.

Dispute Resolution Arbitration

By visiting Website and/or using the Services, you agree that any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, "Disputes") will be settled by binding arbitration between you and Plottr, except the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that you and Plottr are each waiving the right to a trial by jury or to participate as a plaintiff or class in any purported class action or representative proceeding. Further, unless both you and Plottr otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding.

Arbitration Rules and Governing Law

The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by this "Dispute Resolution" section. (The AAA Rules are available at www.adr.org or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.

Limitation of Liability

By using the Services, you agree to defend, indemnify and hold harmless Plottr and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Services, including any data or content transmitted or received by you; (ii) your violation of any term of the Terms of Services or Privacy Policy, or additional agreements for Services (Policies), including without limitation your breach of any of the representations and warranties you make in these Policies; (iii) your violation of any third-party right, including without limitation any right of privacy or intellectual property rights; (iv) your violation of any applicable law, rule or regulation; (v) any claim or damages that arise as a result of any of your data or your website visitors data or any that is submitted via your account; or (vi) any other party's access and use of the Website with your username, password or other appropriate security code.

THE WEBSITE AND THE SERVICES YOU RECEIVE THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE SERVICES AND WEBSITE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, PLOTTR, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THEY WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE WEBSITE OR SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICES.

BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PLOTTR, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS WEBSITE OR SERVICES. UNDER NO CIRCUMSTANCES WILL PLOTTR BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PLOTTR ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AVAILABLE ON OR THROUGH THE WEBSITE; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR WEBSITE, SERVICES; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE WEBSITE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.

COMMENTS & FEEDBACK

In compliance with your rights under California Civil Code §1789.3, you have the right to contact Plottr with any complaints or to seek additional information. You may email Plottr at Privacy@plottr.co. You may also call (415) 842-2440. For any physical documents, you may send mail to:

Plottr, Inc. 415 Jackson St. San Francisco, CA 94111

If California users have any questions or complaints about Plottr, they may also contact The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs through writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

Plottr Hyper Personal A.I.
© 2018 Plottr Inc, All Rights Reserved
Plottr Hyper Personal A.I.
© 2018 Plottr Inc, All Rights Reserved