Terms and Conditions of Use

Version 2.5
Effective as of 6 January 2015, last updated 28 October 2024

Infogram is a service of Prezi, Inc. (“Prezi”). These Infogram License Terms and Conditions, together with the applicable Order Form, constitute the “Agreement”.

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

By accessing the Internet site located at infogram.com or infogr.am (the "Site"), and/or using any services provided on the Site, you agree to the following Web Site Terms and Conditions of Use (hereafter “Agreement” or “Terms of Use”). This Agreement sets forth the legally binding terms and conditions which are applicable to your use of Infogram’s services (hereafter the “Service”, or “Services”). These Terms of Use may be amended from time to time by Infogram (“Company”) in its sole discretion. Company will include a notice within the user interface or send such notice via email if a material change is made. It is your responsibility to review these Terms of Use before using the Service, and to read them again whenever you receive notice that these Terms of Use have been updated. If at any time you find these Terms of Use unacceptable, you must immediately leave the Site and cease all use of the Service and the Site. Infogram reserves the right to terminate the account of any user at any time. YOU AGREE THAT BY USING THE SERVICE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT. IF YOU ARE UNDER THE AGE OF 18 YEARS OLD, YOU REPRESENT THAT YOU ARE AT LEAST 13 YEARS OLD AND THAT YOUR PARENT OR LEGAL GUARDIAN CONSENTS TO YOUR USE OF THE SERVICE.

2. Privacy Policy

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

3. Services

3.1 Description of Services

Infogram provides a platform for the creation of data visualization tools, including visually compelling, easy and fun to create, and fast to share charts and infographics (“Product”). Infogram offers its users various plans with different corresponding features. Infogram includes AI-powered products and tools (“AI Products”), which are governed by these Terms in addition to our AI Product Terms of Use. For more details on Infogram’s various plans and features, please visit our Pricing and Features (link) page.

Infogram’s Free / Basic plan is only available to individual users, and is available for non-commercial use only. If you are an individual user of a Free / Basic plan, you hereby warrant and represent that your use of the Service is for personal, non-commercial purposes. Under this plan there are no privacy restrictions on your content nor commitments to any service or support levels.

3.2 Limited License to use Services

Infogram hereby grants to the customer identified in the Order Form (the “Customer”) a non-exclusive, non-transferable (except as otherwise expressly permitted in this Agreement), world-wide, limited, revocable license for the Term of this Agreement to make use of the “Infogram” online Services specified in the Order Form (the “Services”). For the purposes of this Agreement, the rights granted in this Section 3.1 are collectively referred to as the “License Grant”.

3.3 Customer Account Usage

Customer is responsible for all authorized and unauthorized access, activities and charges associated with the Customer's account and/or password(s) for the Services, except for unauthorized charges that can reasonably be determined to be the result of Infogram’s mistake, omission or negligence in providing sufficient safeguards against unauthorized third party access to Customer's account. Customer is responsible for the confidentiality of its password(s), for all charges incurred from the use of the Services with its password(s) and for any and all charges made through the Customer's account by Customer's employees, agents, principals, consultants, or other entities or individuals in the employ of or engaged by Customer regardless of the reason for such charges.

Customer will not, nor knowingly allow any third party under Customer’s direction or control to, use the Services to: (i) harass, threaten, impersonate or intimidate anyone; (ii) upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable, or makes unauthorized disclosure of confidential or proprietary information or trade secrets; (iii) infringe, violate or misappropriate the intellectual property, publicity, privacy or other rights of any third party; (iv) violate any applicable law, rule or regulation; (v) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, “affiliate links” or any other form of solicitation; (vi) transmit any worms or viruses or any code of a destructive nature; or (vii) claim or suggest an affiliation, sponsorship or endorsement on the part of Infogram. Infogram reserves the right to remove from display and/or delete any content, data or other material from the Services which, in Infogram’s reasonable business judgment, violates any of the above prohibitions or as directed by law enforcement agencies, regulators or legal process.

3.3 Services Rights

Infogram owns all right, title and interest in and to the Services. Infogram reserves all rights in and to the Services and all other Infogram software, products and services that are not expressly granted in this Agreement. Nothing in this Agreement will be construed as granting Customer any property rights in the Services or to any invention or any patent, copyright, trademark or other intellectual property right that has been issued, or that may issue, based on the Services. The Services are licensed hereby, not sold.

4.Trials

You are granted a nonexclusive, revocable right during the specified (14 day unless otherwise stated in writing) free trial period (the “Trial Period”) to access the Site and use the Service and Software and to permit your Users to do so, subject to these Terms. At the end of the Trial Period, the use of the Service by you and your Users will either (1) migrate to a standard paid subscription and be bound by the Prezi or Infogram, as applicable, terms and conditions applicable thereto, or (2) terminate. You expressly agree that you waive any and all rights to a refund by engaging to have a Trial Period and attest herein to waive all such rights to a refund.

These Terms also govern any use of the Service by any person who has been supplied a user identification and password for the Service by you, on your behalf or at your request (each a “User”), and you agree to be responsible for any use of the Service by any of your Users. By using the Service or permitting any User to use the Service, you agree to these Terms. If you do not agree to all of the Terms, you do not have the right to access, or permit any User to access, the Site and use the Service and Software. These Terms comprise the entire agreement between you and us, and supersede all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between you and us, regarding the subject matter contained herein.

You may terminate the Trial Period prior to its scheduled end by issuing a written termination notice to Prezi. Upon Prezi’s receipt of the termination notice, the Trial Period will terminate, your license to use the Deliverables will terminate, you may not make any further use of the content / Deliverables you created. If you do not issue Prezi a written termination notice before the scheduled end of the Trial Period, you will have a worldwide, royalty-free, non-exclusive right and license to use the resulting content / Deliverables solely in connection with your Prezi account until your Prezi account expires or is terminated. The current fee for the account type you have selected will automatically and immediately be charged to your payment instrument or account upon the conclusion of the Trial Period.on the date your free trial expires.

Free trials are limited to one concurrent period of 14 days unless stated of a different length of 14 days for Teams customers. Users must not fraudulently obtain (or attempt to obtain) additional trial periods beyond the single free trial term.

5. User Content

5.1. Content Uploaded to Infogram

You are legally responsible for all information, data, text, software, music, sound, photographs, graphics, images, video, messages or other materials uploaded, posted, stored and/or shared online in connection with your use of the Services (“Content”). Infogram is not responsible for your Content; you are solely responsible for any Content that may be lost or unrecoverable through your use of the Services. You are encouraged to back up your Content regularly and frequently.

You hereby grant Company a limited license to use the Content you upload or otherwise make available to the Service for the purpose of enabling your use of the Service, and for the purpose of enabling the Service to provide you with its Product. By posting, uploading, displaying, transmitting, or otherwise distributing Content to the Site or Service, you are granting Company, its affiliates, officers, directors, employees, agents and representatives a worldwide, perpetual, royalty-free, non-exclusive license to host and use the Content in connection with and for the sole purpose of providing you the Service, including without limitation the right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, and reformat your Content. For the avoidance of doubt, those users of the Free plan or any Trial Period will have their Content publicly available with no privacy restrictions. You will not be compensated for the Company’s use of your Content. By uploading Content to the Site or Service you warrant and represent that, in accordance with Section 5.4, you own the rights to the Content or are otherwise authorized to post, display, perform, transmit, or otherwise distribute your Content.

5.2. Confidential Material

You are responsible for your use of the Services, for any Content you post and/or share using the Services, and for any liability deriving from posting and/or sharing Content that violates the confidentiality or privacy interests, or makes unauthorized disclosure of proprietary business information or trade secrets, of any third party. The Content you submit, post, or display may be able to be viewed by other users of the Services and on third party services and websites where you have shared the Product or, as it relates to Free accounts, all Content will be public. You should only provide Content that you are comfortable sharing with others under these Terms. Infogram bears no responsibility for maintaining the confidentiality of confidential information entered into charts and infographics by users, even if the information entered into the charts and infographics is designated as “private”, “unpublished”, or “confidential”. You are strictly and solely responsible for compliance with all relevant trade secret agreements, non-disclosure agreements, proprietary business agreements/procedures and/or design rights, laws concerning the international transfer of personally identifiable information, and laws protecting images and information submitted, posted or displayed by the user. Further, any questions, comments, suggestions, ideas, feedback, or other communication provided by you to Company (“Comments”) will not be treated as confidential by Company, and you hereby give Company permission to reproduce, display, edit, publish or otherwise use such Comments as Company deems appropriate, for any and all commercial and/or non-commercial use, at Company’s sole discretion.

5.3. Restricted Content

You shall not make the following types of Content available. You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content that (a) is libelous, defamatory, obscene, pornographic, abusive, or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; or (c) discloses personal health information or violates the provisions of the Health Insurance Portability and Accountability Act (HIPAA). Company reserves the right to terminate your receipt, transmission, or other distribution of any such material using the Service, and, if applicable, to delete any such material from its servers. Company intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws.

5.4. Intellectual Property

You represent and warrant that the Content uploaded or otherwise delivered from you to the Service does not violate or infringe upon any common law or statutory rights of any third party, including without limitation, contractual rights, copyrights, trade secrets, proprietary business information concerning processes and systems, and rights of privacy. You acknowledge and agree that no other persons, parties or entities has or have any right, title, or interest, including copyright, in or to your Content, or that in the event other persons do have such right, title or interest, that you are duly authorized to distribute their Content in connection with your use of the Service.

5.5. Third Party Content

Infogram allows you to insert third party content, such as a company logo, into your infographics and/or charts. Such third party content is subject to licensing terms separate and apart from the licensing terms that govern your use of the Service under this Agreement. For example, some license terms may limit the manner in which you are permitted to share said content with others, or may prohibit re-use altogether. You agree to review, and take sole responsibility for complying with, the license terms governing the use of third party content.

5.6. Third Party Services

Infogram may offer the services of third parties to enhance the features of its Products. Your use of third party services will be subject to the licensing terms of third party service providers. You agree to review, and take sole responsibility for complying with, the license terms governing the use of third party service providers.

5.7. DMCA

Infogram respects the intellectual property rights of others. We will respond expeditiously to claims of copyright infringement using guidelines and procedures set forth in Section 512 of the Digital Millennium Copyright Act of 1998 (“DMCA”). If you see any material on the Site or in connection with the Service that in your good faith belief may infringe someone's copyright, you may notify us by e-mailing us at [email protected] with "Copyright" in the subject line. In order for it to be effective, your notice, also known as a takedown notice, must include the following information:

1. The identity of the original copyrighted work that you claim is infringed or – if your notice covers multiple copyrighted works - you may provide a representative list of the copyrighted works that you claim have been infringed;
2. A sufficiently detailed description of the content on the Site that you claim infringes the copyrighted work;
3. Your contact information, including your full name, mailing address, telephone number, and email address, if available;
4. A statement that you believe in good faith that the use of the allegedly infringing content on the Site is not authorized by the copyright owner, its agent, or the law;
5. This statement: "I swear, under penalty of perjury, that the information in this notification and complaint is accurate and that I am the copyright owner, or am authorized to act on behalf of the copyright owner of an exclusive right that is infringed"; and
6. A physical or electronic signature of the copyright holder or a person authorized to act on their behalf.

Moreover, if you believe your work was erroneously removed due to an incorrect claim of copyright ownership, you may provide us a written counter notice. When we receive your counter notice, we may, in our discretion, reinstate the material in question in not less than 10 nor more than 14 days after we receive the counter notice unless we first receive notice from the original complaining party who filed the infringement notice that they have filed a legal action to restrain the allegedly infringing activity. To provide a counter notice to us, you may email us at [email protected]. Please note that if you provide a counter notice, in accordance with the terms of the DMCA, the counter notice will be given to the original complaining party that filed the infringement notice. To be effective, a counter notice must contain substantially all of the following information:

1. Identification of the material that has been removed or to which access has been disabled on the Site and the location at which the material appeared before it was removed or access to it was disabled;
2. Your name, address, telephone number and, if available, email address;
3. Include both of the following statements in the body of the Notice:
   "I hereby state under penalty of perjury that I have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled."
   "I hereby state that I consent to the jurisdiction of the Federal District Court for the judicial district in which my address is located or, if my address is outside of the United States, for any judicial district in which infogram.com may be found, and I will accept service of process from the complaining party who notified infogram.com of the alleged infringement or an agent of such person."; and
4. Provide your full legal name and your electronic or physical signature.

6. Professional Services

This Section 6 applies only if Customer has ordered professional services from Infogram. Infogram will provide the services specified in the applicable Statement of Work (“SOW”) and in any subsequent SOWs entered into by and between the parties subject to this Agreement (collectively, the “Professional Services”). Infogram will perform the Professional Services in a competent and professional manner.

Customer will provide all assistance and cooperation to Infogram reasonably necessary to permit Infogram to perform the Professional Services, including assigning a project manager to (i) assist and coordinate with Infogram in connection with its performance of the Professional Services, (ii) serve as a principal point of contact with Infogram and (iii) perform the review, analysis and acceptance of any deliverables specified in the applicable SOW (each, a “Deliverable” and, collectively, the “Deliverables”). Customer acknowledges that failure to provide such assistance and cooperation may impair Infogram’s ability to provide the Professional Services and may result in additional charges being invoiced to Customer as a result of additional time or expenses incurred by Infogram as a result.

Unless set forth to the contrary in the applicable SOW, Customer will be responsible for making, at Customer’s sole expense, any changes or additions to Customer’s hardware and software systems that may be required to support Infogram’s performance of the Professional Services or the installation, implementation and/or use of the Deliverables.

The Professional Services will be performed for the project fee or at the hourly rate specified in the applicable SOW, plus reimbursement of Infogram’s reasonable out-of-pocket expenses incurred in the performance of the Professional Services; provided that all such expenses must be approved in advance by Customer and be substantiated by appropriate written receipts. Infogram’s invoices for the Professional Services will be paid by Customer within thirty (30) days of the invoice date.

Upon payment in full of all of Infogram’s invoices for the Professional Services, Customer will have a worldwide, royalty-free, non-exclusive right and license to use the resulting Deliverables solely in connection with Customer’s use of the Services on a trial basis for fourteen (14) days from the effective date of the SOW (the “Trial Period”). Customer may terminate the Trial Period prior to its scheduled end by issuing a written termination notice to Infogram . Upon Infogram’s receipt of the termination notice, the Trial Period will terminate, Customer’s license to use the Deliverables will terminate, Customer may not make any further use of the Deliverables and Customer will be entitled to a credit for the amount of the fees and expenses associated with that portion of the Professional Services which directly relate to the applicable Deliverables. If Customer does not issue Infogram a written termination notice before the scheduled end of the Trial Period, Customer will have a worldwide, royalty-free, non-exclusive right and license to use the resulting Deliverables solely in connection with Customer’s use of the Services for so long as this Agreement remains in effect.

Infogram reserves all rights to the Deliverables that are not expressly granted in this Agreement. Nothing in this Agreement will be construed as granting Customer any property rights in or to the Deliverables or in or to any invention or any patent, copyright, trademark or other intellectual property right that has been issued, or that may issue, based on the Deliverables. The Deliverables are licensed hereby, not sold.

7. Prohibited Uses

Company imposes certain restrictions on your permissible use of the Site and the Service. Uploading any Content that violates the prohibitions in this section may result in the immediate revocation of your license for access to, and use of, the Service. You are prohibited from violating or attempting to violate any security features of the Site or Service, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing”; (d) using the Site or Service to upload, host or transmit the following items, including, without limitation, unsolicited e-mail, SMS messages, worms, Trojan horses or code of a destructive nature, promotions or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Company in providing the Site or Service. Any violation of system or network security may subject you to civil and/or criminal liability.

8. Alleged Violations

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

9. Confidentiality

9.1. For the purposes of this Agreement, “Confidential Information” means information not generally known to the public, whether of a technical, business or other nature that relates to this Agreement, or that is disclosed during the term of this Agreement, and that is designated as “confidential” or “proprietary” or other words of similar meaning. Confidential Information may be disclosed in written or other tangible form (including information in computer software or held in electronic storage media) or by oral, visual or other means. Confidential Information will not include any information which (i) was publicly known and made generally available in the public domain prior to the time of disclosure by the disclosing party; (ii) becomes publicly known and made generally available after disclosure by the disclosing party to the receiving party through no action or inaction of the receiving party; (iii) is already in the possession of the receiving party at the time of disclosure by the disclosing party as shown by the receiving party's files and records immediately prior to the time of disclosure; (iv) is obtained by the receiving party from a third party without a breach of such third party's obligations of confidentiality; or (v) is independently developed by the receiving party without use of or reference to the disclosing party's Confidential Information, as shown by documents and other competent evidence in the receiving party's possession. Confidential Information may include a third party’s confidential information.

9.2. Each party agrees not to use any Confidential Information of the other party for any purpose except to perform its obligations or exercise its rights under this Agreement. Each party agrees not to disclose any Confidential Information of the other party to third parties or to such party's employees, except to those employees or consultants of the receiving party with a need to know. Each party agrees that it will take reasonable measures to protect the secrecy of and avoid disclosure and unauthorized use of the Confidential Information of the other party. Without limiting the foregoing, each party will take at least those measures that it takes to protect its own most highly confidential information and will ensure that its employees and independent contractors who have access to Confidential Information of another party have signed a non-use and non-disclosure agreement in content similar to the provisions hereof. Each receiving party will reproduce the disclosing party's proprietary rights notices on any such approved copies, in the same manner in which such notices were set forth in or on the original.

9.3. If a receiving party is requested by any court, tribunal or governmental entity, or otherwise required by law to disclose any Confidential Information, it will, to the extent permitted by law prior to any such disclosure, notify the disclosing party and provide an opportunity to permit the disclosing party to seek a protective order or take other appropriate action. The receiving party will reasonably cooperate in the disclosing party’s efforts to obtain a protective order or other reasonable assurance that confidential treatment will be afforded the Confidential Information.

10. Indemnification

10.1. Infogram will indemnify, hold harmless and defend Customer, its shareholders, directors, officers, employees and agents from and against any action, claim, or damage, including reasonable costs and attorney's fees, asserted by any third party (a “Claim”), arising out of or relating to any alleged or actual infringement of any patent, trademark, or copyright, or alleged or actual misappropriation of any trade secret on the part of Infogram and/or its employees or agents in connection with the Services and/or Professional Services provided by Infogram under this Agreement, except to the extent that such Claim arises out of or relates to (i) any Customer Content or (ii) Customer’s use of the Services and/or Professional Services in manner which violates or which is not authorized by this Agreement.

10.2. Customer will indemnify, hold harmless and defend Infogram, its shareholders, directors, officers, employees and agents from and against any Claim arising out of or relating to (i) any Customer Content or (ii) Customer’s use of the Services and/or Professional Services in manner which violates or which is not authorized by this Agreement.

10.3. An entity entitled to indemnity and defense hereunder (an “Indemnified Entity”) shall permit the party providing such indemnity and defense (the “Indemnifying Party”) to defend or settle any such Claim, provided, however that the Indemnifying Party shall not enter into any settlement agreement that would result in any admission by the Indemnified Entity or payment by the Indemnified Entity without the Indemnified Entity’ prior written consent, the Indemnified Entity may at its election participate in the defense of such Claim through separate counsel at its own expense, and the Indemnified Entity provide the Indemnifying Party all reasonable assistance (at the expense of the Indemnifying Party) in connection with the defense or settlement of any such Claim.

11. Representations, Warranties, and Remedies, Disclaimers

11.1. Each party represents and warrants to the other party that (i) it has full right, power and authority to enter into and fully perform its obligations under this Agreement, (ii) the execution, delivery and performance of the terms and conditions of this Agreement do not conflict with any other agreement to which it is a party or by which it is bound and (iii) it will at all times comply with all laws, rules and regulations applicable to its activities, duties and obligations hereunder.

11.2. Infogram represents and warrants that the Services, the Professional Services and the Deliverables (collectively, the “Infogram Assets”) will not at the time of their delivery to Customer infringe, violate or misappropriate the intellectual property rights of any third party. During the term of this Agreement, if Infogram is found to be in violation of this warranty, Infogram will, at its sole expense, make reasonable commercial efforts to modify or replace the infringing Infogram Assets so that they comply with this warranty, without any material loss of the Infogram Assets’ functionality, or to obtain the right for Customer to continue to use the Infogram Assets consistent with this Agreement. Customer will permit Infogram a commercially reasonable amount of time to effect such modification or replacement or to obtain such right prior to pursuing any other remedy for breach of this warranty.

11.3. EXCEPT AS EXPLICITLY SET FORTH IN THIS AGREEMENT, INFOGRAM MAKES NO REPRESENTATION OR WARRANTY IN CONNECTION WITH THE SUBJECT MATTER OF THIS AGREEMENT AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE REGARDING SUCH SUBJECT MATTER. EXCEPT AS EXPLICITLY SET FORTH IN THIS AGREEMENT, INFOGRAM’S PRODUCTS AND SERVICES ARE PROVIDED “AS-IS” AND INFOGRAM DISCLAIMS ANY REPRESENTATION THAT ITS PRODUCTS OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT PRODUCTS OR SERVICES PROVIDED BY THIRD PARTIES WILL BE UNINTERRUPTED OR ERROR FREE.

12. Limitation of Liability

EXCEPT IN CONNECTION WITH THE BREACH OF A PARTY’S CONFIDENTIALITY OBLIGATIONS HEREUNDER OR THE INDEMNIFICATION OF THIRD PARTY CLAIMS, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO THE PARTIES TO THIS AGREEMENT. EXCEPT IN CONNECTION WITH THE BREACH OF A PARTY’S CONFIDENTIALITY OBLIGATIONS HEREUNDER, THE INDEMNIFICATION OF THIRD PARTY CLAIMS OR NON-PAYMENT OF ANY AMOUNTS DUE HEREUNDER, IN NO EVENT WILL EITHER PARTY'S TOTAL CUMULATIVE DAMAGES EXCEED THE AMOUNT ACTUALLY PAID BY CUSTOMER TO INFOGRAM UNDER THIS AGREEMENT IN THE MOST RECENT TWELVE (12) MONTH PERIOD PRIOR TO THE ACTS GIVING RISE TO SUCH DAMAGES AND/OR THIRD PARTY CLAIM. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.

13. User Responsibilities

13.1. You will ensure the name(s) and email address(es) provided in your account registration is valid at all times, and you will keep your contact information accurate and up-to-date.

13.2. You will not transfer your account to anyone without first getting express written permission from Infogram.

13.3. In addition to the prohibited uses outlined in Sections 7 and 8, you will also not use the Site or Services for any unlawful purposes or to conduct any unlawful activity, including but not limited to, fraud, embezzlement, money laundering, and any other activity prohibited by law or these Terms of Use.

13.4. You will not use the Site or Services if you are located in a country where such use is prohibited by the applicable law.

13.5. You will not use the Site or Services to impersonate another person.

13.6. You agree to abide by the Terms of any integrated feature that you choose to use. This includes, with regard to Storyblocks, the provisions stated in their End User License Agreement.

14. Term of the Agreement, Fees, Invoicing

The following apply to the Services’ paid plans only:

14.1. You may agree, subject to the availability of the Term for the plan type you select, to a one (1) month, six (6), twelve (12) month or twenty-four (24) month contract agreement with Infogram on a recurring billing basis.

14.2. You may upgrade your service agreement to any other contract agreement that Infogram is currently offering for sale at any time during your contract term. At the conclusion of your term (or in advance of your renewal period), you may exercise a contract downgrade.

14.3. Payment is due in advance at the start of each billing cycle, whether for the Initial Term or a Renewal Term, and is non-refundable. Your billing cycle starts on the day after expiration of the Trial Period should a Trial Period be applicable to you. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused, except those above mentioned.

14.4. In case you use recurring billing at the end of the contract term, your contract will automatically renew for an additional contract term until explicitly canceled by you by providing no less than thirty (30) days advance, written notice prior to the then current Term. Your cancellation will apply to the next Term and prorated refunds will not be provided.

14.5. In addition to any other remedies available to Infogram, Customer will pay a late fee of one percent (1%) per month (or the maximum amount permitted by applicable law, whichever is less) for any late payments hereunder.

14.6. Customer is solely responsible for any and all taxes, levies, charges and fees incurred or that may be payable to any taxing authority in connection with the transactions hereunder, other than any income tax incurred by Infogram. All fees stated herein are net of any applicable taxes.

14.7. Stored Credential Consent Agreement. This Stored Credential Consent Agreement (“Agreement”) is between Infogram and its Affiliates and entities (“Infogram”, “we”) and you, the cardholder (“Cardholder” or “you”). This Agreement is an integral part of these Terms (“Terms“) and applies to Cardholders that request Prezi to make recurring payments and to store profile and transaction information including saving credit card information for future purchase during the checkout or payment flow. You hereby acknowledge that Prezi or its PSP will need to store your credit card information, including but not limited to credit card number, expiration date and associated contact and transaction information, in order to process future payments (“Cardholder Data” or “CHD”) and you are hereby providing consent for that storage. Your stored CHD will be used only to process future payment(s) through our payment processor(s). The use of other information that may be contained within the CHD such as your name and email address will only be used as specified in our Privacy Policy. Prezi cancellation and refund policies are detailed herein, the recurring payment can be canceled, in accordance with the provisions in the Terms, through your account detail when logged in or by contacting Infogram Customer Support as stated below.

15. Availability

Infogram will use commercially reasonable efforts to make the Services available 24 hours per day, 7 days per week, except for (i) planned downtime for upgrades and maintenance to the Services (of which Infogram will use commercially reasonable efforts to notify Customer in advance), (ii) emergency maintenance and (iii) unavailability caused by a Force Majeure Event (as defined below).

16. Technical Support

Infogram will provide Customer with standard technical support for the Services which Infogram makes generally available to its customers at Customer’s level of service corresponding to the selected plan which may be accessible here https://infogram.com/pricing.

17. Marketing

Notwithstanding any confidentiality provisions of this Agreement, Customer grants Infogram the right, during the Term of this Agreement, to use the name and logo of Customer to identify Customer in Infogram’s public relations and marketing efforts, including Infogram’s Web sites, press releases, media kits and blog posts. Customer hereby grants Infogram a limited license to use Customer’s name and logo for such purposes, subject to any trademark/logo usage guidelines provided by Customer to Infogram.

18. Cancelation and Termination

18.1. Unless terminated earlier as provided below, this Agreement will commence on the “Start Date” specified in the applicable Order Form and will remain in full force and effect for an initial period of one (1) year (the “Initial Term”), after which this Agreement will automatically renew for additional consecutive one (1) year periods (each a “Renewal Term”), unless either party provides advance written notice of non-renewal at least thirty (30) days prior to the end of the Initial Term or any then-current Renewal Term. The Initial Term and any Renewal Terms are together referred to herein as the “Term”.

18.2. Services may be terminated by Infogram or by you, without cause, with thirty (30) days written notice if you are a monthly subscriber or with thirty (30) days written notice in advance of the renewal date of your subscription.

18.3. This Agreement may be terminated by either party at any time upon written notice to the other party in any of the following circumstances: (i) for the material breach of the other party, which material breach has remained uncured for a period of thirty (30) days from the date of written notice of such breach, (ii) for the other party’s breach of its confidentiality obligations hereunder, (iii) an adjudication of bankruptcy of any party under any bankruptcy or insolvency law, or (iv) the appointment of a receiver for business or property of the other property or the making of any general assignment for the benefit of its creditors.

18.4. Infogram may terminate Services at any time, without penalty, obligation to refund and without notice, if you fail to comply with any of the terms of this Agreement or the intellectual property protections applicable to these Services.

18.5. Upon the expiration or termination of this Agreement:

• 18.5.1. The License Grant to Customer and the Professional Services (if ordered by Customer and in effect at the time of such expiration or termination) will terminate; and
• 18.5.2. The receiving party of any Confidential Information will promptly return to the disclosing party all Confidential Information belonging to the disclosing party and will promptly certify to the disclosing party in writing such return.

18.6 Notice of termination of Services by Infogram may be sent to the contact e-mail associated with your account. Upon termination, Infogram will delete all data, files, or other information that is stored in your account and it’s in your responsibility to retrieve and back up all account contents before termination.

18.7 Upon cancellation, whether voluntary by you, or for reason of non-payment Infogram may at its sole discretion delete all data, files, or other information that is stored in your account and it’s in your responsibility to retrieve and back up all account contents before termination.

18.8 With regard to standing to communicate or receive communication regarding cancelation or termination, an Agreement signatory, stated point of contact during sign up and / or administrator shall be deemed as those with authority to bind you to an agreement and to request support or changes to your account if you Business, Team or Enterprise customer.

18.9 Sections 3, 5, 7 and 8 will survive any termination or expiration of this Agreement for as long as either party has any pending rights, duties or obligations thereunder. Sections 2, 3, 5, 7, 8, 9, 13, inclusive, will survive any termination or expiration of this Agreement.

19. Links and Affiliated Sites

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

20. Copyright

All contents of Site or Service are: Copyright © 2024 Prezi, Inc., 2041 East Street, PMB610, Concord, CA 94520 USA, All rights reserved. Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by Company or by any third party. Further, you hereby agree that any and all infographics and/or charts created by combining your Content with the Service will not be considered to be works of joint authorship, or derivative works from your Content.

21. Governing Law

These Terms of Use shall be construed in accordance with and governed by the laws and jurisdiction of California, without reference to their rules regarding conflicts of law. All disputes between the parties arising from or concerning in any manner the subject matter of this Agreement will be resolved through binding arbitration by a single arbitrator pursuant to the American Arbitration Association’s rules applicable to commercial disputes.

22. Severability; Waiver; Assignment

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

23. Modifications and Amendments

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

24. Contact Us

If you have any questions about these Terms and Conditions of Use, please contact us at: [email protected].

25.General

25.1 This Agreement will be governed by and construed in accordance with the laws of the State of California without regard to conflict of laws principles. This Agreement will not be governed or interpreted in any way by referring to any law based on the Uniform Computer Information Transactions Act, even if that law is adopted in California. If Customer is outside of the United States, the parties agree that rights and obligations of the parties under this Agreement shall not be governed by the 1980 U.N. Convention on Contracts for the International Sale of Goods.

25.2 If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of this Agreement will remain in full force and effect.

25.3 Failure by a party to enforce any term of this Agreement shall not be deemed a waiver of future enforcement of that or any other term in this Agreement or any other agreement that may be in place between the parties.

25.4 Customer may not assign this Agreement, and any assignment of this Agreement by Customer will be null and void; provided, however, that Customer may assign this Agreement to its successor in interest in connection with the sale of Customer as a going concern or in connection with the sale of all, or substantially all, of Customer’s assets.

25.5 The parties are independent contractors. Neither party will be deemed to be an employee, agent, partner or legal representative of the other for any purpose and neither will have any right, power or authority to create any obligation or responsibility on behalf of the other.

25.6 This Agreement is not intended to benefit, nor shall it be deemed to give rise to, any rights in any third party.

25.7 Neither party will be liable for any failure or delay in its performance under this Agreement, except the making of payments, due to causes, including, but not limited to, an act of God, act of civil or military authority, fire, epidemic, flood, earthquake, strikes, riot, war, sabotage, terrorism, failure of suppliers and governmental action, which are beyond its reasonable control (each, a “Force Majeure Event”).

25.8 The section titles and numbering of this Agreement are displayed for convenience and have no legal effect.

25.9 This Agreement may be executed in counterparts, each of which shall be deemed an original and all such counterparts shall constitute one and the same agreement.

25.10 This Agreement is the complete and exclusive agreement between the parties with respect to the subject matter hereof, superseding any prior agreements and communications (both written and oral) regarding such subject matter.

25.11 Infogram may revise these Infogram License Terms and Conditions. If Infogram makes material revisions, a notice of such changes will be posted in the user interface or via email communication to an administrator, registered user(s), and/or agreement signatory. Customer’s use of the Services after the date of such revisions will become effective and constitute consent to the revised Infogram License Terms and Conditions. If Customer does not agree to the revisions, Customer must immediately stop using the Services.

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