Terms and Conditions

The following Terms of Service (“TOS”) is a legal agreement between you or the employer on whose behalf you are entering into this agreement (“you” or “Customer”) and Visual Capitalist (as such term is defined in Section V.20 below) and sets forth the rights and obligations with respect to any Content licensed by you. By entering into this TOS, you verify that your country of residence is the same as your billing address.

THIS IS A SINGLE SEAT LICENSE AUTHORIZING ONE NATURAL PERSON TO LICENSE, DOWNLOAD AND USE CONTENT. UNLESS YOU UPGRADE TO AN ENTERPRISE ACCOUNT, NO OTHER PERSONS (INCLUDING EMPLOYEES, CO-WORKERS OR INDEPENDENT CONTRACTORS) MAY ACCESS YOUR ACCOUNT OR USE CONTENT LICENSED THROUGH YOUR ACCOUNT.

VISUAL CAPITALIST’S ENTERPRISE ACCOUNT GRANTS ACCESS AND USAGE RIGHTS TO UNLIMITED USERS AMONG OTHER ADDITIONAL RIGHTS.

  • “Content” refers to infographics, data visualizations, charts, or any vector assets that can be licensed from the Visual Capitalist licensing website

I. Basic License

Visual Capitalist hereby grants you a non-exclusive, non-transferable right to use, and reproduce Content worldwide, in perpetuity, as expressly permitted and subject to the following limitations herein:

  1. PERMITTED USES:
    1. For digital use, including on websites, in social media, presentations, reports, whitepapers, mobile “apps”, ebooks, emagazines, blogs, and email marketing;
    2. Printed in physical form on tangible media, including magazines, newspapers, reports, and books provided no Content is reproduced more than 500,000 times in the aggregate;
    3. Incorporated into film, video, television series, or other audio-visual productions for distribution in any medium now known or hereafter devised, without regard to audience size, provided the budget for any such production does not exceed USD $10,000;
    4. For your own personal, non-commercial use (not for resale, download, distribution, or any commercial use)
  2. RESTRICTIONS:
    1. Any changes to layout of Content must be approved by Visual Capitalist team at [email protected], and should follow guidelines in I.2.a.i and I.2.a.ii:
      1. You may make minor edits to the Content, such as adjusting the formatting of the graphics to fit the length and width of your publication.
      2. However, you may not make more significant edits to the content, such as removing the Visual Capitalist branding, changing the data or message, changing the color scheme, changing the style of the graphics or text, or any other edit that changes the intended purpose or context of the original graphic, or compromises its creative integrity and “look and feel”.
    2. Content in connection with news reporting, commentary, publishing, or any other “editorial” context, shall be accompanied by:
      1. An adjacent credit to Visual Capitalist in the following form: Visual Capitalist / Visualcapitalist.com
      2. An adjacent credit to the source of the data for the Content, given in the format provided on each individual licensing product page
    3. You may not use any Content in a pornographic, defamatory, or deceptive context, or in a manner that could be considered libelous, obscene, or illegal.
    4. You may not resell, redistribute, provide access to, share or transfer any Content except as specifically provided herein.
    5. You may not use Content (in whole or in part) as a trademark, service mark, logo, or other indication of origin, or as part thereof.
    6. You may not represent, expressly or by way of reasonable implication, that any Content was created by you or a person other than Visual Capitalist.

II. Enhanced License

Visual Capitalist hereby grants you a non-exclusive, non-transferable right to use, and reproduce Content worldwide, in perpetuity, as expressly permitted and subject to the following limitations herein:

  1. PERMITTED USES:
    1. In any manner permitted under a Basic License, without any limitation on the number of reproductions, impressions, or budget;
    2. White-labeling: you may alter or change Content, including to fit the style of your brand or to translate into another language, so long as:
      1. The Visual Capitalist logo and brand elements are not displayed.
      2. The source of the data for the Content is given attribution in the format provided on each individual licensing product page
      3. If translated from English, that you (or another specified party) made the translation
  2. RESTRICTIONS:
    1. You may not use any Content in a pornographic, defamatory, or deceptive context, or in a manner that could be considered libelous, obscene, or illegal.
    2. You may not resell, redistribute, provide access to, share or transfer any Content except as specifically provided herein.
    3. You may not use Content (in whole or in part) as a trademark, service mark, logo, or other indication of origin, or as part thereof.

III. Warranties and Representations

  1. Visual Capitalist warrants and represents that:
    1. Visual Capitalist has all necessary rights in and to the Content to grant the rights set forth in Part I as applicable
    2. Data is sourced from publicly available sources, from Visual Capitalist authors, or from proprietary sources that have given permission to use and reproduce the data
  2. Visual Capitalist makes no other warranties or representations, beyond what is laid out above in section II.

IV. Indemnification and Liability

  1. Visual Capitalist shall not be liable for any damages, costs or losses arising as a result of modifications made to the Content or due to the context in which you use the Content.
  2. You will indemnify and hold Visual Capitalist, its officers, employees, shareholders, directors, managers, members and suppliers, harmless against any damages or liability of any kind arising from any use of the Content other than the uses expressly permitted by this TOS. You further agree to indemnify Visual Capitalist for all costs and expenses that Visual Capitalist incurs in the event that you breach any of the terms of this or any other agreement with Visual Capitalist.

V. Additional Terms

  1. Except when required by law, Visual Capitalist shall be under no obligation to issue refunds under any circumstances. All fees are non-refundable, even if your subscription is terminated before its expiration. You authorize Visual Capitalist to charge you all subscription fees for the duration of the term agreed to at the time of purchase. In the event that Visual Capitalist determines that you are entitled to a refund of all or part of the fees you paid, such refund shall be made using the payment method originally used by you to make your purchase.
  2. Following the expiration of a subscription plan, each plan will automatically renew on the same terms as your original plan purchase. You expressly grant Visual Capitalist the right to charge you for each automatic renewal until the subscription plan is canceled.
  3. If Visual Capitalist is required to collect indirect and/or transactional taxes (such as sales tax, value-added tax, goods and services tax, et al) under the laws of your state or country of residence, you shall be liable for payment of any such indirect tax. Where Visual Capitalist or you are required to collect or remit direct or indirect taxes, you may be required to self-assess said tax under the applicable laws of your country of residence.
  4. “Non-transferable” as used herein means that except as specifically provided in this TOS, you may not sell, rent, load, give, sublicense, or otherwise transfer to anyone, Content or the right to use Content. You may however, make a one-time transfer of Content to a third party for the sole purpose of causing such third party to print and/or manufacture your goods incorporating Content subject to the terms and conditions herein.
  5. Upon notice from Visual Capitalist or if you learn that any Content is subject to a threatened or actual claim of infringement, violation of another right, or any other claim for which Visual Capitalist may be liable, or if Visual Capitalist removes any Content due to perceived business risk as determined in Visual Capitalist’s reasonable discretion and gives you notice of such removal, you will remove the Content from your computer systems and storage devices (electronic or physical) and, if possible, cease any future use of the removed Content at your own expense. Visual Capitalist shall provide you with comparable Content (which comparability will be determined by Visual Capitalist in its reasonable commercial judgment) free of charge, but subject to the terms and conditions of this TOS.
  6. If you use any Content as part of work product created for or delivered to a client or customer, you will disclose the identities of such clients or customers to Visual Capitalist, upon Visual Capitalist’s reasonable request.
  7. Any controversy or claim arising out of or relating to this TOS, or the breach thereof, shall be settled by binding individual (not class) arbitration administered under the Commercial Arbitration Rules of the International Centre for Dispute Resolution in effect on the date of the commencement of arbitration, rather than in court, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets. The place of arbitration shall be the province of British Columbia. The language of the arbitration shall be English. There shall be one arbitrator to be mutually agreed by the parties. Each party shall bear its own costs in the arbitration. Both parties agree that the following claims are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction: (i) any claim related to actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) any claim seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack) (iii) any claim arising solely from Customer’s alleged failure to pay fees due to Visual Capitalist. This arbitration provision will survive termination of this TOS.
  8. YOU AND VISUAL CAPITALIST AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and Visual Capitalist agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. You and Visual Capitalist acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable disputes under this TOS.
  9. This TOS shall be construed neither against nor in favor of any party, but rather in accordance with the fair meaning of the language hereof. this TOS are governed by and shall be construed in accordance with the laws of British Columbia, without respect to its conflict of laws principles.
  10. The number of Content downloads available to you is determined by the product you purchase. For the purposes of this TOS, a day is defined as the twenty four (24) hour period beginning at the time your product is purchased. A month is defined as a calendar month beginning on and including the date that you purchase your product and ending on that date which is the earlier of (i) the same date as your purchase in the following month or (ii) the last day of the following month. By way of example, if you purchase a monthly subscription on March 5, it will renew on April 5. If you purchase a monthly subscription on August 31, your subscription will renew on September 30.
  11. Unless otherwise specified in the coupon, any coupon or discount code applied to a purchase hereunder shall apply only to the first payment made in connection with such purchase.
  12. If any individual term of this TOS is found to be invalid or unenforceable by any legal or regulatory body of competent jurisdiction, such finding will be limited solely to such invalid or unenforceable part, without affecting the remaining parts of such individual term, or any other part of this TOS, so that this TOS shall otherwise remain in full force and effect.
  13. You expressly agree that any feedback provided to you by Visual Capitalist or its representatives regarding any questions you may have about this TOS or your use of Content licensed hereunder, is solely for the purpose of interpreting this TOS and is not legal advice. Visual Capitalist cannot render legal advice to you and expressly disclaims any liability of any kind related to any feedback provided by Visual Capitalist or its representatives.
  14. It is expressly understood and agreed that this TOS is entered into solely for the mutual benefit of the parties herein and that no benefits, rights, duties, or obligations are intended by this TOS as to third parties.
  15. In the event that you breach any of the terms of this or any other agreement with Visual Capitalist, Visual Capitalist shall have the right to terminate your account without further notice, in addition to Visual Capitalist’s other rights at law and/or equity. Visual Capitalist shall be under no obligation to refund any fees paid by you in the event that your account is terminated by reason of a breach.
  16. Except as expressly set forth herein, Visual Capitalist grants no rights and makes no warranties, with regard to the use of personally identifiable information that may be contained in Content, trademarks, trade dress or copyrighted designs or works of art or architecture depicted in any Content
  17. Neither Visual Capitalist nor any of its officers, employees, managers, members, shareholders, directors or suppliers shall be liable to you or to any other person or entity for any general, punitive, special, indirect, consequential or incidental damages, or lost profits or any other damages, costs or losses arising out of your use of the Content, Visual Capitalist’s breach of this agreement, or otherwise, unless expressly provided for herein, even if Visual Capitalist has been advised of the possibility of such damages, costs or losses.
  18. All Content is provided “as is” without warranty of any kind, either express or implied, including, but not limited to the implied warranties of non-infringement, merchantability, or fitness for a particular purpose. Some Content may contain elements that require additional clearance if the Content is modified or used in a particular context. If you make such modification or use Content in such context, you are solely responsible for obtaining any additional clearances thereby required.
  19. Visual Capitalist does not warrant that the Content, Visual Capitalist websites, or other materials will meet your requirements or that use will be uninterrupted or error free. The entire risk as to the quality, performance and use of the Content is solely with you.
  20. Contracting Party: “Visual Capitalist” means Revolve Marketing Inc., a company doing business as Visual Capitalist, based at #100-211 Columbia Street, Vancouver, BC, V6A 2R5.