This Terms of Service (“Terms”) shall govern your access to and use of the related websites, networks, products, and other services provided by Figlinq (collectively, the “Service”). The Service is operated by Figlinq (“us,” “we” or “Figlinq”). The Terms constitutes the entire agreement between you and Figlinq governing your use of the Service, and supersedes any prior agreements between you and Figlinq with respect to the Service. In the event that you purchase certain other Figlinq services or products, you may be subject to additional terms and conditions.
When you create something using the Figlinq Services (charts, datasets, etc.), you retain the rights to your content (see “User Content” section).
When using the Services, you shall be subject to any other terms applicable to such Services or other rules, which may be posted on our website from time to time. All such terms and rules are hereby incorporated by reference into these Terms.
PLEASE REVIEW THIS ENTIRE AGREEMENT CAREFULLY. THE SERVICE IS OFFERED TO YOU SUBJECT TO THESE TERMS. BY CLICKING “ACCEPT” OR BY ACCESSING THE SERVICE IN ANY MANNER, YOU SIGNIFY THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, INCLUDING ALL FIGLINQ'S POLICIES AND, IF APPLICABLE, ALL FIGLINQ LICENSE AGREEMENTS, OR OTHER RELATED TERMS AND CONDITIONS THAT HAVE BEEN MADE AVAILABLE TO YOU OR ARE OTHERWISE POSTED ON OUR WEBSITE, WHICH ARE INCORPORATED HEREIN AND GOVERN YOUR USE OF THE SERVICE. IF YOU DO NOT AGREE TO ABIDE BY THESE TERMS, YOUR SOLE REMEDY IS TO NOT USE OR ACCESS THE SERVICE.
Our Service is not directed to children under the age of 13. If you are under 13 years of age, then please do not use or access the Service or provide any information on this Website, or on, or through any of its features, and do not register on the Website, make any purchases through the Website, use any of the interactive or public comment features of the Website or provide any information about yourself to us, including your name, address, telephone number, email address or any screen name or user name you may use, at any time or in any manner.
If you are using or opening an account on the Service on behalf of a company, entity, or organization, then you represent and warrant that you are an authorized representative of that entity with the authority to bind such entity to these Terms.
To access and use portions of the Service, you may be asked to register or create an account. When registering, you must fill in all mandatory fields with accurate, current and complete information about yourself, as prompted in the registration form, and keep this information up to date. Figlinq has the right to suspend or terminate your account and refuse any and all use of the Service if it suspects that your account information is inaccurate, not current or incomplete.
Should you choose to purchase a Figlinq subscription, this subscription will automatically renew at each anniversary date of the original subscription. If you have purchased a subscription, you may cancel that subscription no later than 48 hours after the automatic renewal without penalty, and the subscription fee for the relevant period will be refunded to you. If you cancel your subscription later than 48 hours after renewal, the subscription fee will not be refunded.
Unless stated otherwise, subscriptions are assigned to a single registered user and cannot be shared with other users. We reserve the right to suspend subscriptions that we suspect are shared by multiple users.
Figlinq only provides support for users with a valid subscription. For more information please refer to the general support page.
You are responsible for maintaining the confidentiality of the password and username that you provided during the registration process, and you are fully responsible for all activities that occur under your password or account. You agree to immediately notify Figlinq of any unauthorized use of your password or username or any other breach of security. Unless stated otherwise, accounts are assigned to a single registered user and cannot be shared with other users. We reserve the right to suspend accounts that we suspect are shared by multiple users.
Should you have an account with Figlinq, Figlinq may immediately terminate your account and your access to the Service (including any Paid Service) at any time, for any reason, without warning. You may terminate your account and your access to the Service at any time, for any reason, by contacting us by email at firstname.lastname@example.org. Even after your account is terminated, these Terms will remain in effect. Terminating your account does not imply that you are due a refund from Figlinq.
Storage & Inactive Accounts
You acknowledge that Figlinq may establish general practices and limits concerning the use of the Service, including imposing limits on the periods for which data or other uploaded content will be retained by Figlinq. You agree that Figlinq has no responsibility or liability for the deletion or failure to store any data or other content maintained by or transmitted to Figlinq. You acknowledge that Figlinq reserves the right to deactivate your account if it is inactive for longer than one year.
Ownership & Proprietary Rights
The Service is owned by Figlinq. All text, images, designs, computer code, software, graphics, user interface, and all other elements of the Service (collectively, “Content”), and all intellectual property and proprietary rights therein, are owned by Figlinq or its third-party licensors to the full extent permitted by the Dutch and international law. All rights in the product names, company names, trade names, logos, and designs of all Figlinq or third-party products or services, belong exclusively to Figlinq or their respective owners. The use of these trademarks or any Content, including but not limited to copying, reproducing, uploading, posting, publicly displaying, or distributing in any way to any other computer, server, or other form for publication or distribution or for any commercial enterprise, without Figlinq’s express prior written consent, is expressly prohibited, and nothing stated or implied on the Service confers on you any license or right other than those expressly granted in these Terms.
You may use any information on the Products and Services provided by Figlinq for downloading, provided that you (1) use such information only for your personal, non-commercial informational purpose, (2) do not delete any proprietary language in any and all copies of such documents, and (3) do not make any additional representations or warranties relating to such information.
Figlinq may update the Service from time to time, in its sole discretion. Except as authorized by Figlinq or as expressly permitted by law, and subject to, at Figlinq’s sole discretion, such additional fees as Figlinq deems necessary, you agree not to modify, loan, sell, rent, lease, distribute or create any derivative works based on the Service or any other software or materials. Figlinq, and its logos and products are or may be trademarks of Figlinq. Except as authorized by Figlinq in writing, you agree not to use in any manner Figlinq’s logos or products.
Should you provide any ideas, suggestions, or documents, (“Ideas”) to Figlinq via any feedback web pages or emails, you acknowledge and agree that: (a) these Ideas do not contain confidential or proprietary information; (b) Figlinq is not under any confidentiality obligations, with respect to the Ideas; (c) Figlinq shall be entitled to use such Ideas as it deems appropriate; (d) Figlinq shall not have any obligation towards you; and (f) you shall not be entitled to any compensation of any kind from Figlinq under any circumstances.
If you provide feedback to Figlinq regarding the Service or Content (“Feedback”), you authorize Figlinq to use that Feedback without restriction and without payment to you. Accordingly, you hereby grant to us a fully paid up, perpetual, irrevocable, worldwide, fully transferable and sublicensable license to use the Feedback in any manner and for any purpose.
Figlinq may, from time to time, modify, terminate, or otherwise adjust its Services or products without providing prior notice. Any such changes or new releases shall be subject to these Terms. You understand and agree that the Service is provided “AS IS” and that Figlinq assumes no responsibility for the availability, deletion, or changes to the Services which it may make from time to time.
Notice of Copyright Infringement
Figlinq respects the intellectual property rights of others, and asks you to do the same. It is Figlinq’s policy to terminate the access privileges of those who repeatedly infringe the copyright rights of others. If you believe that your work has been posted on the Service in a way that constitutes copyright infringement, please contact us at email@example.com and provide the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) a description of the copyright-protected work that you claim has been infringed upon; (c) the location on the Service of the material that you claim is infringing; (d) your address, telephone number, and email address; (e) a statement by you, regarding your good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. By submitting a copyright infringement notice, you acknowledge and agree that Figlinq may forward the information you provide in this notice to the person who uploaded the allegedly infringing material.
You may submit a notice of copyright infringement to the following email address: firstname.lastname@example.org.
By submitting a copyright infringement notice, you acknowledge and agree that Figlinq or its copyright agent may forward the information you provide in this notice to the person who uploaded the allegedly infringing material. Figlinq will remove any content that allegedly infringes upon the copyright of any person under the law of The Netherlands and the European Union.
If you believe that your removed or disabled User Content is not infringing, or that you have the authorization or right to post and use that User Content from the copyright owner, the copyright owner's agent, or pursuant to law, you may send a counter-notice. Figlinq or its copyright agent will forward your counter-notification to the party who submitted the original copyright infringement claim. If the original claimant does not file an action seeking a court order to restrain you from engaging in infringing activity related to the removed or disabled User Content within ten (10) business days of receiving the counter-notice from Figlinq, then Figlinq may, in its sole discretion, reinstate the removed or disabled material.
User Content & License to User Content
You retain all rights to your User Content. User content means data, charts, code, commentary, and derivative works you import, create, share, modify, and distribute through Figlinq’s platform or products.
By setting your work to be viewed publicly, you agree to allow others to view, copy, and re-use your work and the underlying data. For any User Content that you upload to or generate through the Service and publicly share, you grant us a worldwide, perpetual, royalty-free, transferable, irrevocable and fully sublicensable license to use, reproduce, modify, adapt, publish, prepare derivative works of, distribute, and publicly display that User Content. You may modify or remove your User Content via your Figlinq account or by terminating your Figlinq account.
You agree not to upload to the Service or otherwise post, transmit, make available, distribute, or disseminate through the Service any material that: (a) breaches any duty toward or rights of any person or entity, including rights of publicity, privacy rights, or similar rights; (b) contains corrupted data or any other harmful, disruptive, or destructive files or computer code; (c) is offensive or otherwise objectionable; (d) restricts or inhibits any person or entity from using or enjoying any portion of the Service; (e) may expose Figlinq, its affiliates, or other users to harm or liability of any nature; (f) constitutes unsolicited or unauthorized advertising, promotional materials, spam, or any other form of solicitation; or (g) contains the private or confidential information of another person (including personal health information) or entity without that person’s or entity’s authorization, or (h) violates any law or regulation.
Although Figlinq has no obligation to screen, edit, or monitor any User Content, Figlinq reserves the right, and has absolute discretion, to screen, edit, or remove any User Content at any time and for any reason without notice. You further understand and agree that Figlinq may use or disclose any information related to you (including User Content) in order to investigate, prevent, or take action regarding activities that may be prohibited or unlawful, to exercise our legal rights under the Terms, or to otherwise protect the rights and property of Figlinq or any third party.
WE CAN TAKE NO RESPONSIBILITY AND ASSUME NO LIABILITY FOR ANY USER CONTENT (INCLUDING, WITHOUT LIMITATION, ANY LOSS OR DAMAGE TO YOUR USER CONTENT, YOUR INABILITY TO ACCESS YOUR USER CONTENT, AND ANY THIRD PARTY’S UNAUTHORIZED ACCESS).
You are solely responsible for your interactions with other members of the Figlinq community. Figlinq reserves the right, but has no obligation, to monitor disputes between you and other members.
Prohibited Uses Generally
Without limiting any other section of these Terms, you agree not to:
- Reverse engineer or otherwise attempt to derive source code or other trade secrets from the Service;
- Access the Service to build a competitive product or service or monitor its availability, performance or functionality, or for any other benchmarking or competitive purposes;
- Sell, resell, distribute, lease or rent your access to the Service;
- Remove, circumvent, disable, damage or otherwise interfere with any security-related features or measures employed to prevent or enforce limitations on the use of the Service or any Content;
- Copy, "frame," or "mirror," any part of the Service;
- Use the Service in any other manner that could damage, disable, overburden or impair the Service;
- Use automated scripts to collect information from or otherwise interact with the Service, unless expressly permitted;
- Post, email, or otherwise make available any unauthorized advertising, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
- Impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
- Solicit personal information from anyone under 13 or solicit passwords or personally identifying information for commercial or unlawful purposes;
- Intimidate or harass another;
- Use or attempt to use another's account, service or system without authorization from Figlinq;
- Use the Service to post or otherwise make available any information that contains any payment card information;
- Use the Service to post or otherwise make available any information that infringes on any copyright, patent, trademark, trade secret, or other proprietary rights;
- Share access to a paid service with another individual;
- Create a generic user accounts (e.g., email@example.com) whose sole purpose is for sharing a personal or professional account;
- Embed any charts created using the Service in any commercial, fee-based application, service, or product. For information about OEM usage of Figlinq, please contact us at firstname.lastname@example.org.
Violations of system or network security may result in civil or criminal liability. In accordance with these Terms, Figlinq will investigate and work with law enforcement authorities to prosecute users who are involved in such violations.
Use of the Service & Applicable Laws
You are required to comply with all applicable laws in connection with your access to and use of the Service. As a condition of your access to and use of the Service, you warrant that you will not use the Service for any purpose that is unlawful or prohibited by these Terms. Use of the Service (including, without limitation, any charts, charts or other output generated by the Service) is for the use described in these Terms and Figlinq does not grant you any express or implied rights to access or use the Service for any other purpose.
To the extent that the Service interacts with third-party services, if a third party ceases providing a relevant service, it may affect Figlinq’s ability to provide part or all of the Service. Under such circumstances, Figlinq may cease providing the Service without any refund to you. In addition, the Service may contain links to websites of third parties as a service to those interested in this information. We do not monitor or endorse any such websites and can make no guarantee as to their accuracy or completeness. Furthermore, Figlinq is not liable for any content on or available from such sites and shall not be liable for any damages or losses caused by such use or reliance on such sites. You should review the applicable terms and policies, including privacy and data gathering practices, of any third-party websites accessible through the Service. In addition, the Service may contain advertisements from third parties. Any terms, conditions, warranties, or representations associated with such advertisements or any products or services provided by third-party advertisers to you are solely between you and such third-party.
Additional terms and conditions may apply to the purchase of certain goods or services, downloads of software, and/or to specific portions or features of the website, which all such additional terms and conditions, including without limitation, any Figlinq License Agreement, shall be made part of these Terms. Should there be a conflict or discrepancy between these Terms and the terms applicable to a specific portion of the website, the latter terms shall control with respect to the use of that specific portion of the website. Figlinq may charge fees for access to certain portions of the Service based upon subscription level and/or type of Service (“Paid Services”). Figlinq will notify you of those fees at the time that we offer you a Paid Service. Sharing access to a Paid Service, or any other features, products, upgrades or Services offered, or made available through the Service with another individual, without paying additional applicable charges, is a violation of these Terms, except as otherwise expressly and explicitly authorized by Figlinq. By electing to access a Paid Service, you authorize Figlinq to, directly or through its third-party payment processor, charge the credit card identified by you (which you represent and warrant that you are authorized to use) all applicable fees for that Paid Service, including all applicable taxes.
Disclaimer of Warranties
THE SERVICE IS PROVIDED "AS IS". Figlinq MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER RELATING TO THE SERVICE, LINKED SITES, OR OTHER CONTENT THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH THE SERVICE. Figlinq EXPRESSLY DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD-PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS. FURTHER, THERE IS NO WARRANTY THAT THE SERVICE WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, Figlinq MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED: (A) THAT THE INFORMATION, GRAPHS, CHARTS, DATA AND OTHER CONTENT PROVIDED THROUGH THE SERVICE WILL BE ACCURATE, RELIABLE, AND COMPLETE AND FREE FROM ERRORS, OMISSIONS, DEFECTS, OR DELAYS IN OPERATION; (B) THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (C) THAT DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED; (D) THAT THE CONTENT ON THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (E) THAT THE RESULTS FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (F) THAT THE QUALITY OF ANY PRODUCTS, SERVICES, OR OTHER INFORMATION OBTAINED BY THE SERVICE WILL MEET YOUR EXPECTATIONS.
SHOULD YOU DOWNLOAD ANY MATERIAL THROUGH THE USE OF THE SERVICE YOU DO SO AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OF INFORMATION OR DAMAGE TO YOUR COMPUTER THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION OBTAINED FROM Figlinq SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
Limitation of Liability
IN NO EVENT WILL Figlinq OR ITS AFFILIATES, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICE BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE CONTENT, SERVICE OR ANY LINKED SITES, OR IN CONNECTION WITH ANY LOST OR CORRUPTED DATA OR USER CONTENT OR UNAUTHORIZED THIRD PARTY ACCESS TO ANY DATA OR USER CONTENT, FAILURE OF PERFORMANCE, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE. IN THE EVENT THAT YOU HAVE A DISPUTE WITH ANOTHER USER IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICE, YOU RELEASE Figlinq FROM ANY CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH A DISPUTE. ANY CLAIM UNDER THESE TERMS MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ARISES, OR SUCH CLAIM OR CAUSE OF ACTION IS BARRED. THE MAXIMUM TOTAL LIABILITY OF Figlinq, ITS AFFILIATES AND LICENSORS TO YOU FOR ANY CLAIM UNDER THIS AGREEMENT, IS THE LESSER OF: (A) THE AMOUNT RECEIVED BY Figlinq FROM YOU DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM OR (B) €100.
EACH PROVISION OF THIS AGREEMENT THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THIS AGREEMENT BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND Figlinq. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT.
THESE LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF Figlinq HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES, Figlinq'S LIABILITY IN SUCH JURISDICTIONS WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
You will indemnify, defend and hold Figlinq and its licensors harmless (and our respective employees, directors, agents, affiliates and representatives) from and against any and all claims, costs, losses, damages, judgments, tax assessments, penalties, interest, and expenses (including without limitation reasonable attorneys’ fees) arising out of any claim, action, audit, investigation, inquiry, or other proceeding instituted by a person or entity that arises out of or relates to: (i) your use of the Service or any activity on the Service via your account, (ii) your violation of any provision of these Terms including any of your covenants, warranties or representations hereunder, (iii) any User Content uploaded to Figlinq, (iv) your connection to the Service, (v) your violation of any third-party’s rights, or (vi) the collection, storage, or disclosure of personal or health data or disclosure of personal information or health data in violation of applicable law, or any failure to obtain consents or authorizations for such data required by applicable law. Figlinq reserves the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us and you agree to cooperate with our defence of these claims. You may not settle any matter without the prior written consent from Figlinq.
Choice of Law and Forum
These Terms are governed by the laws of The Netherlands. The provisions of the United Nations Convention on the International Sale of Goods and the Uniform Computer Information Transactions Act, however designated, are excluded and will not apply to these Terms or any transactions under these Terms. If there is any dispute between us concerning the Terms or your access to or use of the Service, we both agree to submit to the personal and exclusive jurisdiction of the Dutch courts for the purpose of litigating all such claims or disputes.
The failure of Figlinq to enforce any provisions of these Terms or respond to a breach by you or other parties will not in any way waive Figlinq’s right to enforce subsequently any terms or conditions of these Terms or to act with respect to similar breaches.
We may, from time to time, modify these Terms. Should we make substantial changes, we may notify you by posting these changes prominently on our Website or by sending you an email. Any such changes will be effective thirty (30) calendar days following the posting of such changes on our Website. Continued use of our Service following such notice is an acknowledgement and agreement on your part to be bound by the revised terms and conditions.
Figlinq may provide you with notices by electronic mail, regular mail or postings on the Service. If notice is provided by electronic mail, notice will be deemed given twenty-four hours after electronic mail is sent, unless Figlinq is notified that the electronic mail address is invalid. If notice is provided by posting through the Service, then notice will be deemed given upon such posting. Alternatively, we may give you legal notice by mail to a postal address, if it is provided by you through the Service. In such case, notice will be deemed given three (3) days after the date of mailing.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Figlinq as a result of these Terms or your access to and use of the Service. A printed version of these Terms and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Figlinq without restriction, including by operation of law, merger, or sale of all or substantially all of the assets to which these Terms pertains. Any assignment attempted to be made in violation of these Terms shall be void. Unless otherwise specified herein, these Terms constitutes the entire agreement between you and Figlinq and governs your use of the Service. If any portion of these Terms is held invalid or unenforceable, that portion will be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intention of the parties, and the remaining portions will remain in full force and effect.