The purpose of this website, cartodb.com (the “Site”), owned and operated by VIZZUALITY, INC. (“Vizzuality”), a New York corporation based in New York City, is to provide data hosting, visualization and related services. By using the Site or any services provided on the Site (collectively, “Service” or “Services”), you acknowledge that you have read, understood, and agree to be bound by the following terms of service and any future modifications to this agreement (collectively, the “Terms”). If at any time you do not agree to all these Terms, please immediately terminate your use of the Services. You, on your own behalf and on behalf of your company, acknowledge that these Terms are binding and enforceable on you and your company (collectively, “You” or “Subscriber”).
In addition, when using the Services, you shall be subject to any guidelines or rules applicable to such services that may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into these Terms.
Amendment of these Terms
Vizzuality reserves the right, at its sole discretion, to modify, add, or delete portions of or otherwise change these Terms at any time without notice to you. Please check these Terms periodically for changes. Your continued use of the Services after the posting of changes constitutes your binding acceptance of such changes.
Compliance. As a condition of your use of the Services, you warrant to Vizzuality that you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, or notices. You may not use the Services in any manner which could damage, disable, overburden, or impair the Services or interfere with any other party’s use and enjoyment of the Services. Recognizing the global nature of the Internet, you agree to comply with all local laws, regulations, rules etc. regarding online conduct and acceptable content.
Unacceptable Use. You are solely responsible for any and all acts and omissions that occur under your account or password, and you agree not to engage in unacceptable use of the Services, which includes, without limitation, use of the Services or the Site to: (i) disseminate or transmit material that, to a reasonable person, may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening, or malicious; (ii) disseminate, store, or transmit files, graphics, software, or other material that actually or potentially infringes the copyright, trademark, patent, trade secret, or other intellectual property right of any person; (iii) create a false identity or to otherwise attempt to mislead any person as to the identity or origin of any communication; (iv) export, re-export, or permit downloading of any content in violation of any export or import law, regulation, or restriction of the United States and its agencies or authorities, or without all required approvals, licenses, or exemptions; (v) interfere, disrupt, or attempt to gain unauthorized access to other accounts or any other computer network; (vi) disseminate, store, or transmit viruses, trojan horses, or any other malicious code or program; or (vii) engage in any other activity deemed by Vizzuality to be in conflict with the spirit or intent of these Terms.
Indemnification. You agree to indemnify and hold harmless Vizzuality and its subsidiaries, affiliates, officers, agents, partners, and employees from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of content you submit, post to, or transmit through the Services, your use of the Services, your violation of these Terms, any third party terms or conditions described herein, or your violation of any rights of another, including without limitation that the Subscriber Content violates or infringes upon any copyright, trademark, patent or other proprietary right.
Vizzuality grants you permission to use the Site, including its Services and Content, as set forth in these Terms. All materials displayed or performed on the Site, including, but not limited to text, graphics, maps, logos, tools, photographs, images, illustrations, software or source code, audio and video, and animations (collectively, “Content”) (other than Content posted by You (“Subscriber Content”) and Content from the collection of CartoDB public tables) are the property of Vizzuality and/or third parties and are protected by United States and international copyright laws.
Subscriber shall own all Subscriber Content that Subscriber contributes to the Site, but hereby grants and agrees to grant Vizzuality a non-exclusive, worldwide, royalty-free transferable right and license (with the right to sublicense), to use, copy, cache, publish, display, distribute, modify, create derivative works, and store such Subscriber Content and to allow others to do so (“Content License”) solely for the purpose of enabling Subscriber's use of the Services. Vizzuality will not access, use or disclose Subscriber Content without Subscriber's permission, except as reasonably necessary to provide customer support to Subscriber, troubleshoot Subscriber's account or for any other purpose authorized by Subscriber.
Subscriber may elect to use publishing capabilities (url, embed, api, facebook, twitter, etc) included with the Service that allow Subscriber to make Subscriber Content available to third parties and/or any user without authentication (collectively “Sharing Tools”).
On termination of Subscriber’s membership to the Site and use of the Services, Vizzuality shall make commercially reasonable efforts to remove the Subscriber Content from the Site in a timely manner; however, Subscriber recognizes and agrees that caching of or references to the Subscriber Content may not be immediately removed.
Subscriber warrants, represents, and agrees Subscriber has the right to grant Vizzuality and the Site the rights set forth above.
The Service offers a Subscriber the possibility to make some tiles of its Subscriber Content “public”. This Subscriber Content then become available for read only for any user of the Service, without authentication. This functionality is provided to allow data sharing and use of data between users. The Service will try to handle as much concurrent requests as possible, but in cases of high traffic, special conditions might apply and the Service may stop working with no liability of any kind to Vizzuality.
Unlimited tables are provided as long as they fit the customer quota, or until they reach 1,000 table limit. In case more tables were needed the customer should contact us to email@example.com.
Geocoding is the process of matching addresses with geographic coordinates. You might use the geocoding service directly from the Service’s user interface, when geocoding a table, or through the API where it gets integrated. Every time a geocoding is done in a string, a geocoding credit is used. For example, if You geocode a table with 50 records, 50 geocoded credits are used.
Vizzuality may use a third party to provide geocoding and reverse geocoding services (the “Geocoding Services”). Geocoding Services are subject to the third parties terms and conditions set forth here. You agree to abide by these terms and conditions before using the Geocoding Services.
All plans in the Service include a number of geocoding credits that can be used monthly. After a user passes the geocoding limits, a fee is charged for additional geocoding, as described on the following table.
|FREE||100 geocoded credits/month included.|
|MAGELLAN||250 geocoded credits/month included. US$15 / 1,000 additional|
|JOHN SNOW||500 geocoded credits/month included. US$15 / 1,000 additional|
|CORONELLI||1,000 geocoded credits/month included. US$15 / 1,000 additional|
|MERCATOR||2,000 geocoded credits/month included. US$10 / 1,000 additional|
|DEDICATED SERVERS||15,000 geocoded credits/month included. US$10 / 1,000 additional|
Twitter Maps service
The twitter Maps service enables enterprise customers with this add-on in their plans, to get direct access to the Twitter Search API with full-fidelity filtering of the Twitter firehose for recent historical data. Approved users can search for terms or hashtags, define a time frame or analyse geo-referenced tweets in real time and access the historical data to watch the evolution of a live event with a real-time dynamic map.
Customers acknowledge and agree that the tweets shall be used, and are solely licensed, for the following purposes:
Creating maps containing Tweets or other Materials provided that:
(a) the Materials are accessible solely through CartoDB's products or services;
(b) Customers are solely provided visual, not programmatic, access to products or services containing Materials. Customers or other third parties are not allowed to export any Materials to a data store as a service or other cloud-based service.
However, CartoDB customers have the possibility to export or extract non-programmatic, GUI-driven Materials as a spreadsheet or any other supported formats, by using the “export” or similar functionality;
The twitter maps service is subject to the twitter API terms of service, which can be found here. You agree to abide by these terms and conditions before using the Twitter Maps Service.
Third party base maps
Different types of visualizations can be done with the Services some of them include the use of base maps. Those base maps are normally served by third parties that might apply additional charges. You agree to abide by the terms and conditions of these third parties before using them in conjunction with the Services.
When using those third party base maps on external sites you might use up to 20,000 map views. Vizzuality will not charge you for the use of these base maps, but the third parties may. Please review a third party’s terms and conditions carefully before beginning such use. Use beyond the limit set forth above requires explicit consent from Vizzuality and special agreements might be set up for those cases.
The Service is “commercial item,” as that term is defined at 48 C.F.R. 2.101, consisting of “commercial computer software,” as such terms are used in 48 C.F.R. 12.212, and is provided to the U.S. Government only as a commercial end item. Any technical data provided with the Software is commercial technical data as defined in 48 C.F.R. 12.211. Consistent with 48 C.F.R. 12.211 through 12.212, 48 C.F.R. 227.7202-1 through 227.7202-4, and 48 C.F.R. 252.227-7015, al U.S. Government users acquire the Software with only those rights set forth herein.
The Site allows you to access and view a variety of content, including but not limited to, map and terrain data, and other related information provided by Vizzuality and its licensors. You understand and agree to the following with respect to all content made available by or through the Site:
Map data and related content are provided for planning purposes only. You may find that events may cause the actual information to differ from the information displayed on the map. You should exercise judgment in your use of all content made available by or through the Site. Map data and related content should not be used for navigation purposes of any type.
These Terms do not constitute a sale of Content or CartoDB or any copy of the Content or CartoDB. By using the Site, you do not receive or acquire any proprietary rights therein, and Vizzuality and/or its licensors retain all ownership rights in the Site, the Content and CartoDB. You may not use, access, or allow others to use or access the content in any manner not permitted under the Terms.
Certain content is provided under license from third parties, and is subject to copyright and other intellectual property rights owned by or licensed to such third parties. You may be held liable for any unauthorized copying or disclosure of this content. You understand that when using the Site you will be exposed to user submissions and other third party content from a variety of sources (“Non-Vizzuality Content”), and that you may be exposed to Non-Vizzuality Content that is inaccurate, offensive, indecent, or otherwise objectionable. Vizzuality does not endorse any Non-Vizzuality Content or any opinion, recommendation, or advice expressed therein. Under no circumstances will Vizzuality be liable in any way for or in connection with the Non-Vizzuality Content, including, but not limited to, for any inaccuracies, errors, or omissions in any Non-Vizzuality Content, any intellectual property infringement with regard to any Non-Vizzuality Content, or for any loss or damage of any kind incurred as a result of the use of any Non-Vizzuality Content posted, emailed, or otherwise displayed or transmitted through the Site.
Vizzuality reserves all rights not expressly granted to you. The use of the Site and Services may not be transferred to anyone without the prior written consent of Vizzuality. Any authorized transferee shall agree in writing to be bound by the terms and conditions of these Terms. In no event may you copy, loan, rent, time-share, sublicense, assign, transfer, lease, sell or otherwise dispose of the Site’s software, data, or other content on a temporary or permanent basis except as expressly provided herein. These Terms shall benefit Vizzuality and its successors and assigns. You may not, or permit any third party to, modify, adapt, translate, create derivative works from, reverse engineer, decompile, disassemble, or otherwise attempt to derive any source code from the Site’s software. All logos and product names appearing on or in connection with the Site are proprietary to Vizzuality or its licensors and/or suppliers. You agree never to remove any proprietary notices or product identification labels from the Site’s software, maps, and other content, if applicable. The limited license granted above terminates automatically, without notice to you, if you breach any of these Terms. Upon termination of the limited license, you agree to immediately destroy any downloaded or printed materials from the Site, including software, maps or other visualizations, and other content.
Username and Password
You will select a username and password when completing the registration process. You are solely responsible for maintaining the confidentiality of your username and password, and are solely responsible for all activities that occur under your username and password. You agree to: (a) immediately notify us of any unauthorized use of your username and password or any other breach of security; (b) ensure that you log off from your account at the end of each session; and (c) comply with any reasonable requests we make to change your username and/or password. We will not be liable for any loss or damage arising from your failure to comply with this paragraph. You will ensure that all users granted access to your account comply with these Terms.
We take data security very seriously and will vigorously pursue all actual or threatened security breaches. Please report any security concerns to firstname.lastname@example.org.
Charges & Payment
Some of the Services require payment of fees. You agree that Vizzuality shall be permitted to charge your credit card on a monthly or annual basis (depending upon the subscription plan you choose) in advance of providing the Services or as needed for prepayments for your subscription fee, any applicable sales taxes, and any other charges you may incur in connection with your use of such Services. The subscription fee is billed in full on the first day of your paid subscription and monthly or annually thereafter, unless and until you cancel your subscription. If your billing date lands on a day not contained in a given month, you will be billed on the last day of that month. For example, if your paid subscription began on March 31st, your next billing date would be April 30th.
Vizzuality is not responsible for any additional bank fees, interest charges, finance charges, over draft charges, or other fees resulting from charges billed by Vizzuality. Currency exchange settlements will be based on agreements between you and the provider of your credit card.
All charges are non-refundable unless expressly stated otherwise, or otherwise provided by applicable law.
Account Cancellation or Suspension
Vizzuality may cancel or suspend your access to the Services at any time and for any reason without notice. Upon cancellation or suspension, your right to use the Service will stop immediately. You may not have access to data that you stored on the Service after we suspend or terminate the service. You are responsible for backing-up your data that you use with the Service. If we cancel your service in its entirety without cause, we will refund to you on a pro-rata basis the amount of your payment corresponding to the portion of your service remaining right before we terminated your service.
Monthly Subscriptions You may cancel anytime. Billing is monthly and there is no required length of time associated with using the Services. We reserve the right to change our fees, but will notify you in advance of increases.
Annual Subscriptions Customers with annual subscriptions may not cancel prior to the end of the term. We reserve the right to change our fees at the end of the term.
You may not have access to data that you stored on the Service after you terminate the Service. You are responsible for backing-up your data that you use with the Service. Cancellation of the Service by you will not alter your obligations to pay all charges due to Vizzuality at the time of cancellation, and Vizzuality shall have no obligation to provide you a refund.
Excessive Use of CartoDB API
You agree that use beyond two million requests (tiles or data requests), including, but not limited to, requests that result from Distributed Denial of Service (DDoS) attacks, within a thirty day period will be considered Excessive Use. You may be responsible for additional fees for Excessive Use as described above.
Also, there is a max number of WRITE SQL statements per API call: 10,000 rows or 1GB of data (payload of a SQL API call); and a max number of API Calls:
|FREE||1 every 10 seconds|
|STANDARD ACCOUNT||1 per second|
|ENTERPRISE||5 per second|
Acknowledgement. YOU EXPRESSLY ACKNOWLEDGE THAT THE TERM VIZZUALITY INCLUDES VIZZUALITY, INC., VIZZUALITY S.L. AND THE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, AFFILIATES, AND SUBCONTRACTORS OF VIZZUALITY, INC.
“AS IS,”AS AVAILABLE” and “WITH ALL FAULTS.” EXCEPT AS OTHERWISE SET FORTH HEREIN, OU EXPRESSLY AGREE THAT THE USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE AND ITS SOFTWARE, SERVICES. MAPS AND OTHER CONTENT, INCLUDING ANY THIRD-PARTY SOFTWARE, SERVICES, MEDIA, OR OTHER CONTENT MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE, ARE PROVIDED ON AN “AS IS” “AS AVAILABLE”, “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.
No warranties. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, VIZZUALITY DISCLAIMS ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM VIZZUALITY OR THROUGH THE SITE, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
Website Operation and Non-Vizzuality Content. VIZZUALITY DOES NOT WARRANT THAT THE SITE, INCLUDING ANY SOFTWARE, SERVICES, MAPS, OR CONTENT OFFERED ON OR THROUGH THE SITE OR ANY THIRD PARTY SITES REFERRED TO ON OR BY THE SITE WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS AND DOES NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
Accuracy. VIZZUALITY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR ANY THIRD PARTY SITES REFERRED TO ON OR BY THE SITE, INCLUDING ANY MAPS RENDERED THEREBY OR GEOCODING RESULTS OBTAINED THEREFROM, IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
Harm to Your Computer. YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN SOFTWARE, SERVICES, MAPS, OR CONTENT THROUGH THE SITE (INCLUDING RSS FEEDS) OR ANY THIRD PARTY SITES REFERRED TO ON OR BY THE SITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR USE.
Limitation of Liability and Damages
Limitation of Liability. UNDER NO CIRCUMSTANCES, AND UNDER NO LEGAL THEORY, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL VIZZUALITY OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS, BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, OR USE OR COST OF COVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OR THE INABILITY TO USE THE SITE, INCLUDING SOFTWARE, SERVICES. MAPS, CONTENT, USER SUBMISSIONS, OR ANY THIRD PARTY SITES REFERRED TO ON OR BY THE SITE, EVEN IF VIZZUALITY OR A VIZZUALITY AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Limitation of Damages. IN NO EVENT SHALL THE TOTAL LIABILITY OF VIZZUALITY OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS, LICENSORS, OR SUPPLIERS TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR OTHERWISE) EXCEED THE GREATER OF ONE HUNDRED DOLLARS (US$100) OR FEES PAID IN THE PRECEDING TWELVE (12) MONTHS.
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES, OR LIABILITY CONTAINED IN THESE TERMS APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION IN WHICH YOU ARE LOCATED. VIZZUALITY DISCLAIMS ALL WARRANTIES IN CONNECTION WITH THE CONTENT AND THE PRODUCTS, AND WILL NOT BE LIABLE FOR ANY DAMAGE OR LOSS RESULTING FROM YOUR USE OF THE CONTENT OR THE PRODUCTS.
Claim Period. YOU AND VIZZUALITY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF THESE TERMS OR RELATED TO VIZZUALITY MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Digital Millennium Copyright Act Compliance
If you are a copyright owner or an agent thereof, and believe that any user submission or other Vizzuality content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C § 512(c)(3) for further detail):
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on Vizzuality are covered by a single notification, a representative list of such works from Vizzuality;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Vizzuality to locate the material;
Information reasonably sufficient to permit Vizzuality to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address;
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The designated Copyright Agent to receive notifications of claimed infringement is:
Vizzuality, INC Tel: +1 347 460-5284 Email: email@example.com
September 22, 2011: First version of the document.
November 29, 2012: Revision after CartoDB 2.0 with new pricing models and basemaps.
November 5, 2013: Added pricing for the new batch geocoding service.
December 30, 2013: Added explicit Limitations on Vizzuality's rights with regards to Subscriber Content.
July 16, 2014: Revision after CartoDB 3.0 with new pricing model and multi-user.
Novermber 7, 2014: Removal of table and map views quota.