Purpose

The purpose of this website, cartodb.com (the “Site”), owned and operated by VIZZUALITY, INC. (“Vizzuality”), a New York city corporation, is to provide data hosting, visualization and services. By using the Site or any services provided on the Site (collectively, “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 by posting the changed Terms on the Site. All changes shall be effective immediately upon posting. 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.

Your Obligations

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 rules 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 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, or your violation of any rights of another.

License

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 Subscriber (“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 may download or copy the Content, and other items displayed on the Site for download, for personal use only, provided that Subscriber maintains all copyright and other notices contained in such Content. Downloading, copying, or storing any Content for other than personal, noncommercial use is expressly prohibited without prior written permission from Vizzuality, or from the copyright holder identified in such Content’s copyright notice.

Subscriber Content

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 Subscribers 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 Service that allow Subscriber to make Subscriber Content available to third parties and/or any user without authentication (collectively Sharing Tools).

Subscriber hereby grants to any third parties with whom Subscriber elects to share Subscriber Content using Sharing Tools the right and license to use, store, cache, copy, reproduce, (re)distribute, and (re)transmit Licensee's Content through Online Services subject to any terms of use and access restrictions that Subscriber provides with Subscriber Content. Vizzuality is not responsible for any loss, deletion, modification or disclosure of Subscriber's content resulting from Subscriber's misuse of Sharing Tools or any other Services. Subscriber's use of Sharing Tools is at Subscriber's sole risk.

On termination of Subscriber’s membership to the Site and use of the Services, Vizzuality shall make all reasonable efforts to promptly remove from the Site and cease use of the Subscriber Content; 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.

Public tables

The service offers the possibility to make some tables “public”. Those tables then become available for read only for any user without authentication. This functionality is provided to allow data sharing and use of data in publicly available web sites.
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 can stop working with no liability of any kind, unless agreed explicitly with CartoDB.

Map views quotas

Each time a map is reproduced it is considered a map view. During loading or after a map is generated, many smaller requests to the CartoDB service might occur, but for quota accounting, these are all considered a single map view. A new map view is counted if the map is reloaded or modified after the map has been generated. Map views are counted from embedded maps, the user interface, and maps produced through the API on other websites or any other application including mobile applications.

All plans on CartoDB include a set number of map views. After a user passes the map view limit, a fee is charged for additional map views (as described below).

FREE 10,000 map views/month included. $0.5 / 1,000 additional
MAGELLAN 50,000 map views/month included. $0.5 / 1,000 additional
JOHN SNOW 100,000 map views/month included. $0.5 / 1,000 additional
CORONELLI 500,000 map views/month included. $0.5 / 1,000 additional
MERCATOR 800,000 map views/month included. $0.4 / 1,000 additional
DEDICATED SERVERS Starting at 800,000 map views/month and subject to agreement

Geocoding quotas

Geocoding is the process of matching addresses with geographic coordinates. The CartoDB geocoding functionality is based on HERE services. You might use the geocoding service directly from CartoDB User interface, when geocoding a table, or through the API where it gets integrated. Every time a geocoding is done in a string, for example to geocode one record, a geocoding credit is used.

All plans in CartoDB 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. $15 / 1,000 additional
JOHN SNOW 500 geocoded credits/month included. $15 / 1,000 additional
CORONELLI 1,000 geocoded credits/month included. $15 / 1,000 additional
MERCATOR 2,000 geocoded credits/month included. $10 / 1,000 additional
DEDICATED SERVERS 15,000 geocoded credits/month included. $10 / 1,000 additional

Third party base maps

Different types of visualizations can be done with CartoDB, some of them include the use of base maps. Those base maps are normally served by third party companies that might apply additional charges.

CartoDB ensures the usage of those base maps provided by the user interface for free. When using those third party base maps on external sites you might use up to 20,000 map views. Use beyond these limits requires explicit consent from Vizzuality and special agreements might be set up for those cases.

General Content

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 map results. You should exercise judgment in your use of all content made available by or through the Site.

These Terms do not constitute a sale of the software or any copy of the software. 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 and its content. You may not use, access, or allow others to use or access the content in any manner not permitted under the Terms, unless you have been specifically permitted to do so by Vizzuality or by the owner of that content, in a separate agreement.

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, including its software, services, and other content, is licensed only to you and 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 Vizzuality 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, visualization, and other content.

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.

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 basis in advance of providing its 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 Vizzuality services. The monthly subscription fee is billed in full on the first day of your paid subscription and monthly 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.

You may cancel anytime. Billing is monthly and there is no required length of time associated with using CartoDB’s Services. We reserve the right to change our fees, but will notify you in advance of increases.

All charges are non-refundable unless expressly stated otherwise, or otherwise provided by applicable law. The costs of any returns if permitted will be at your expense, unless otherwise provided by applicable law.

Account Cancellation or Suspension

Vizzuality may cancel or suspend your access to CartoDB 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.

You may terminate the service at any time by contacting Vizzuality. As soon as you cancel the service your right to use it stops immediately. 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.

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.

Disclaimers

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.” YOU 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, 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 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 ($100 USD) OR FEES PAID IN THE PRECEDING TWELVE (12) MONTHS.
Reference Sites. THESE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY THIRD PARTY SITES REFERRED TO ON OR BY THE SITE OR OTHERWISE BY THIRD PARTIES OTHER THAN VIZZUALITY AND RECEIVED BY YOU THROUGH OR ADVERTISED ON THE SITE OR RECEIVED BY YOU THROUGH ANY THIRD PARTY SITES.
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.

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: contact@vizzuality.com

Additional Terms

These Terms shall be governed by and construed in accordance with the laws of New York, NY, without giving effect to any principles of conflicts of law. You agree that any action at law or inequity arising out of or relating to these Terms or Vizzuality shall be filed only in the District of New York or federal courts in and for Washington, DC and you hereby consent and submit to the exclusive personal jurisdiction and venue of such courts for the purposes of litigating any such action. A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of Vizzuality to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Vizzuality as a result of these Terms or use of Vizzuality. You further acknowledge no confidential, fiduciary, contractually implied, or other relationship is created between you and Vizzuality other than pursuant to these Terms.

Changelog

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.