Datawrapper

Terms of Service

These are Datawrapper's terms of service that are in effect starting August 28 2016.

1. Usage Terms Introduction

These terms of service specify obligations and terms of conduct for use of the free and the optional paid services provided by this platform („Datawrapper“, „the site“, „the service“).

These terms constitute a binding agreement between You („the customer“) and Journalism++ Cologne („us“).

If You use Datawrapper or one of the services on behalf of a legal entity, organization or company You must ensure that You are rightfully authorized to accept these Terms of Service and enter into a usage agreement on the entity’s behalf.

Note that these Terms of Service affect Your legal rights and obligations. If You do not agree to be bound by all Terms of Service do not use the Site or Services.

If any of the terms below is unclear or you object to one of the terms, please contact us by e-mail via support@datawrapper.de.

2. Definitions

The following chapter describes terms and expressions used in this document as well as services we offer and the legal status of companies providing the service and software.

Services means all products, services and Site content provided by Datawrapper via Journalism++ Cologne in accordance with these Terms of Service.

You, Customer means single users or users acting on behalf of a group, organization, company or agency acting on its behalf, which purchases services and/or is using the Site, where the specific usage options, additional modules and features for use are defined in the agreement.

Cookies means computer data, usually in form of small text files that are stored by this site to enable specific customer services (e.g. that You do not have to log in on every visit). Cookies can be disabled). Furthermore we use Cookies to analyze the usage of this site (e.g. the number of users, the number of charts created in a certain time period). We use the information solely for internal purposes.

Confidential information: To use the service You provide certain personal information to us or payment platforms we use, such as Customer contact and billing information. This information will be kept private by reasonable means as described in our privacy policy. Such information might include proprietary information necessary to provide the services.

Order means a request by a Customer to be supplied with certain usage options and access to features with terms of Service as described in this text.

Provision of Services means providing access to Services for a customer who submitted an Order, on conditions jointly determined by Terms of Service and Order.

Security Emergency means situations or events where (i) use of the Service that do or could disrupt the Services, other Customers’ use of the Services, or the infrastructure used to provide the Services.

Hosting means that we provide an option to publish tables, charts or maps created with Datawrapper on cloud service for high availability.

Paid period means a period for which a customer gets access to optional paid services. The specific payment period is usually 30 days or the length of a month, which might slightly differ based on the actual length of the calendar month.

We; Us, Our, Datawrapper Pro, Journalism++ Cologne GmbH means the company responsible for development, maintenance and paid services: Journalism++ Cologne GmbH, Bahnhofstr. 18, 53604 Bad Honnef, Germany, its subsidiaries and affiliated companies. Please note again that Journalism++ Cologne is an independent company, not commercially affiliated with other Journalism++ teams in Europe (we just share the name, but do business independently). More information: https://www.jplusplus.org/en/

3. Eligibility

To use any of the Datawrapper services, You must:

Provide key information about Yourself such as a working e-mail address and Your name.

Complete the registration process, otherwise we won’t be able to associate the charts You or Your organization created to Your account. Your password will remain private and can not be used or altered by personnel of Journalism++ Cologne.

For the registration process we sent You an activation link which is the final step. Should You not receive an activation link or have other issues please contact support@datawrapper.de

4. Agreements & Offers

A completed web-based order form or any other kind of order request of the Customer constitutes a binding contractual offer regarding the requested Services of Journalism++ Cologne GmbH. An agreement shall be deemed concluded upon acceptance of such offer by Journalism++ Cologne GmbH, at the latest upon provision of the Service by Journalism++ Cologne GmbH.

Any offers by Journalism++ Cologne GmbH shall be deemed non-binding, unless expressly otherwise agreed. Performance dates or times mentioned in a Customer’s request are binding only if designated as binding by Journalism++ Cologne GmbH in writing.

5. Orders & Services

The details of the services provided of the respective contract are set by the information on the product description site of Journalism++ Cologne GmbH at the time of the order.

Insofar as Journalism++ Cologne GmbH conducts its Services free of charge it may at its own discretion and at any time, in whole or parts, change, limit or cancel such Services. If doing so Journalism++ Cologne GmbH will take Customer’s legitimate interests into account and will notify Customer within a reasonable timeframe in advance, provided that such notification is technically feasible and reasonable.

Confirmation of the order means that the binding agreement between You and Journalism++ Cologne is concluded and that the customer agrees to these Terms of Services.

If any term specified in the order overrides these Terms of Services, all other provisions of Terms of Service apply accordingly.

6. Fees

Unless otherwise agreed, Customer may find details concerning prices on the product order pages of Journalism++ Cologne GmbH, valid at the time of the order.

All prices (including additional costs) are net prices. Journalism++ Cologne GmbH shall be entitled to issue electronic invoices. Billing for the respective Service will be processed in accordance with the payment method selected by Customer.

Other services and fees: For extended customization and development work the customer agrees to pay Fees for Services and agrees that Journalism++ Cologne will charge Customer for all applicable Fees specified in the Order with selected payment methods.

The provision of the Service starts after reception of the payment.

Fees constitute Journalism++ Cologne remuneration for Provision of Services specified in Order. Fees will be increased by commissions and additional taxes applicable to Services according to the rates described in the Order. You hereby agree to be charged by such commissions and taxes.

Journalism++ Cologne reserves the right to suspend or terminate the Services if fees are 30 day past due.

Customer agrees to receive VAT invoices in electronic form. Customer can declare other form by sending an appropriate declaration to support@datawrapper.de

For customers outside Germany VAT can be based on reverse charge, if You provide an international VAT-ID for Your company.

Customer is responsible to provide complete and accurate billing and contact information to Journalism++ Cologne GmbH.

7. Terms & Termination

Unless otherwise agreed, the agreement has a minimum term – depending on the chosen edition of the Service – of one or twelve month and may be terminated without notice at the end of each term. Unless terminated in due time the agreement shall be deemed extended each time for the applicable minimum term.

Journalism++ Cologne GmbH may choose to terminate the Service at any time. They must inform the other party of their decision 30 days in advance. In case of Journalism++ Cologne GmbH severing the agreement, it shall reimburse the Client any sum already paid in proportion of the time since the latest payment. The Client may not claim any compensation if it chooses to terminate the Service prior to its anniversary date.

8. Suspension

Journalism++ Cologne may suspend Services in case Customer:

violates the Agreement including these Terms of Service,

Usage patterns indicate that the service is used by more users than licensed or is used by multiple departments in violation of the expressed terms for usage of either Datawrapper Single or Team, in all variations

uses the Services in a manner resulting in excessive support requests; or

uses the Services in a manner that Journalism++ reasonably believes will cause its liability.

Notwithstanding anything in this Agreement, if there is a Security Emergency then Journalism++ Cologne may automatically suspend the use of the Services, both free and paid. Journalism++ Cologne will make commercially reasonable efforts to narrowly tailor the suspension as needed to prevent or terminate the Security Emergency and resume Service.

9. Data Protection

By using any of the services above You agree that Journalism++ stores the data and Your personal user information on the site.

Journalism++ Cologne GmbH collects, processes and uses personal identifiable information ("personenbezogene Daten") solely pursuant to German data protection legislation. Customer may find Datawrapper's current privacy notice ("Datenschutzerklärung") at Datawrapper's website under the section "Privacy Notice".

Your data is treated as private and confidential, unless You agree to make it publicly available.

An exemption of this rule is that we reserve the right to select certain charts which have been added by users to the public gallery as examples of Datawrapper functionalities and features.

10. Liability

Insofar as Journalism++ Cologne GmbH provides its Services free of charge it shall be not obligated to remedy defects.

Insofar as Journalism++ Cologne GmbH provides paid Services it shall be liable in accordance with statutory provisions of German law for any damages based on intent or gross negligence or the lack of a guaranteed feature, including intent or gross negligence of its subcontractors. In the event of slight negligent breach of an obligation of Journalism++ Cologne GmbH which is prerequisite for the proper implementation of the agreement, by the breach of which attainment of the purpose of the agreement is jeopardized and on which Customer may duly rely, liability shall be limited to the typical damage expected under the agreement. Any other liability shall be excluded. Liability for injury in life, limb or health and liability in accordance with the ProdHaftG shall remain unaffected.

Journalism++ Cologne may be held responsible for failing to provide the availability of Services or reaction times in case of unavailability of Services under these Terms of Service and in Order. Any refund can be made only by issuing a credit for Customer account for using the Services proportionally to the period for which he could not use Services up to current monthly billed Fee rate.

Journalism++ Cologne shall not be held responsible for malfunction of third party services such as server hardware or network provider.

Journalism++ Cologne shall not be liable for failing or delaying performance of its obligations resulting from any condition beyond its reasonable control. This includes, but is not limited to fire, floods, earthquake, governmental action, power failures and Internet disturbances.

11. Indemnification

You hereby agree to indemnify and hold Journalism++ Cologne and its subsidiaries, employees, affiliates, officers, agents, partners, licensors and other contractors harmless from and against any and all third party demands, claims, liability loss and expense or other events not listed arising out of, or which may arise from Your breach or alleged breach of these Terms of Service, or Your violation of any third-party rights or any other not mentioned related to Your access to the Site or Services.

12. Trademark

Datawrapper Pro is a trademark registered by Journalism++ Cologne GmbH and is therefore subject to national and international protection.

13. Modifications

We reserve the right to change and modify these Terms of Service at any time to reflect the service and feature offerings of the site.

Modifications will be published on the website 4 weeks prior to taking effect to leave users reasonable time to consider whether You agree to the modified Terms of Service.

By continuing to use the Services after the modification becomes effective, You agree to be bound to the modified Terms of the Service.

If You do not agree to the modified Terms of Service, please stop using the Site or the Services.

14. Severability clause

Should any term hereof be invalid, this shall not affect the validity of the remaining terms.

15. Applicable law

The Parties partake in the Agreement in good faith. They shall address any dispute arising from the Agreement through physical or online meetings and discussions. Alternatively, the Parties may agree in writing to the designation of an impartial arbiter. Only if no agreement has been found 2 weeks after the dispute has first been notified in writing by one of the Parties shall the Parties request the assistance of a court of law. All disputes arising from this contractual relationship shall be governed by German law.

Terms of Service and the use of Services shall be governed exclusively by German law.

Provisions of Terms of Service are compatible with EU privacy law.

Terms of Services are in lieu of all warranties, conditions, undertakings, terms and obligations implied by conventions, statute or common law, trade usage, cause of dealing or otherwise, all of which are hereby excluded to the fullest point of law.

You agree that all disputes You have with Journalism++ Cologne GmbH in connection with Terms of Service that cannot be amicably resolved shall be submitted for resolution by Common Court of Law at the location of the Journalism++ Cologne registered office.

If You have questions, please contact us via: support@datawrapper.de.

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