Terms of Service - Infomaptic

We created infomaptic so that others could make detailed reports to review and share their data. We are here to facilitate those reports, your data is your business, not ours.

We do collect some information on you (as you can see detailed in these terms and the privacy/cookie policy below) but we only use it internally. We do not sell your information or share it with others. If we wanted to share it, we would just ask you! Your data is your own, your report templates are your own, but the software is ours. If you would like your data to be deleted from our systems, you can contact us via support@infomaptic.com. Please note that for data deletion requests, the person requesting it needs to be an authorized administrator for your ArcGIS.com Organization.

The Gist

Infomaptic (https://www.infomaptic.com) is a software service provided by Moravec Labs, LLC d/b/a dymaptic (dymaptic.com). We built this to help you and others better view and share their data, and we hope that you like using this tool as much as we like making it.

The Terms of Service (“Terms”) describe our commitments to you and your rights and responsibilities when using our services. Please read them carefully and reach out to us (support@infomaptic.com) if you have any questions.

These Terms and our Privacy Policy are based on the OpenSource Terms of Service provided by WordPress.com (https://wordpress.com/tos/).

Terms of Service

These Terms govern your access to and use of the products and services we provide through https://www.infomaptic.com (collectively, “Services”). Infomaptic is owned and operated by Moravec Labs, LLC d/b/a dymaptic (“dymaptic” or “us” or “we” throughout this document). The Services offered here are subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, infomaptic’s Privacy Policy) and procedures that may be published from time to time on this Site by dymaptic( collectively the “Agreement”).

By accessing or using any part of our Sevices, you agree to be bound by all of the Terms and all other operating rules (the Agreement). You also agree that we may automatically change, update, or add to our Services, and this Agreement will apply to any changes.

1 – Who’s Who

“You” means any individual or entity using our Services. If you use our Sevices on behalf of another person or entity, you represent and warrant that you’re authorized to accept the Agreement on that person’s or entity’s behalf, that by using our Services, you’re accepting the Agreement on behalf of that person or entity and that if you, or the person or entity, violates the Agreement, you and that person or entity agree to be responsible to us.

Organization means the group, company, person or entity that is responsible for your ArcGIS.com account. All accounts are part of some Organization (if this is your account, you are the Organization).

Usually, unless you are the authorized representative, your Organization has already agreed to this Agreement, but you should still follow them too.

ArcGIS.com is the system that infomaptic leverages to work within, it is owned and operated by Esri. By signing in to infomaptic with an ArcGIS.com account, you are not only agreeing to our terms but also Esri’s. See https://trust.arcgis.com for Esri’s policies.

2 – Your Account

When using our Services requires an account, you agree to provide us with complete and accurate information and to keep the information current so that we can communicate with you about your account. Logging in to infomaptic requires that you already have an account with ArcGIS.com, owned and operated by Esri. For more information about Esri’s privacy and services, see https://trust.arcgis.com/. Your account is part of an Organization within ArcGIS.com. You and that Organization are responsible and liable for all activity under your account. You’re also fully responsible for maintaining the security of your account (which includes keeping your password secure). We’re not liable for any acts or omissions by you, including any damages of any kind incurred as a result of your acts or omissions. If you get fired because of a Report or Template you make about your boss, that’s on you. Don’t share or misuse your access credentials. And notify us immediately of any unauthorized uses of your account, store, or website, or of any other breach of security. If we believe your account has been compromised, we may suspend or disable it.

3 – Minimum Age Requirement

Our Services are not directed to children. You’re not allowed to access or use our Services if you’re under the age of 13 (or 16 in Europe). If you register as a user or otherwise use our Services, you represent that you’re at least 13 (or 16 in Europe). You may use our Services only if you can legally form a binding contract with us. In other words, if you’re under 18 years of age (or the legal age of majority where you live), you can only use our Services under the supervision of a parent or legal guardian who agrees to the Agreement. ArcGIS.com and your Organization may have different rules.

4 – Responsibility of Visitors and Users

We haven’t reviewed, and can’t review, all of the content (like text, photo, video, audio, code, computer software, items for sale, and other materials) posted to or made available through our Services by users or anyone else (“Content”) or on websites that link to, or are linked from, our Services. We’re not responsible for any use or effects of Content or third-party websites. So, for example:

We don’t have any control over third-party websites.
A link to or from one of our Services does not represent or imply that we endorse any third-party website.
We don’t endorse any Content or represent that Content is accurate, useful, or not harmful. Content could be offensive, indecent, or objectionable; include technical inaccuracies, typographical mistakes, or other errors; or violate or infringe the privacy, publicity rights, intellectual property rights, or other proprietary rights of third parties.
You’re fully responsible for the Content available on your website, and any harm resulting from that Content. It’s your responsibility to ensure that your website’s Content abides by applicable laws and by the Agreement.
We aren’t responsible for any harm resulting from anyone’s access, use, purchase, or downloading of Content, or for any harm resulting from third-party websites. You’re responsible for taking the necessary precautions to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.
Any Content that’s for sale through any of our Services is the seller’s sole responsibility, so you must look solely to the seller for any damages that result from your purchase or use of Content.
We are not a party to, and will have no responsibility or liability for, any communications, transactions, interactions, or disputes between you and the provider of any Content.

Please note that additional third-party terms and conditions may apply to Content you download, copy, purchase, or use.

5 – Fees, Payment and Renewal

Paid Services. Infomaptic is a service offered for a fee. You may have a free trial that usually lasts 30 days, but in general, you pay us in exchange for our Services (collectively, “Paid Services”). By using these Paid Services, you agree to pay the specified fees. These fees may be one-time fees, or recurring fees. For recurring fees, we’ll bill or charge you in the automatically-renewing interval (such as monthly or yearly) you select, on a pre-pay basis until you cancel, which you can do at any time by contacting our support team.

Taxes. To the extent permitted by law, or unless explicitly stated otherwise, all fees do not include applicable federal, provincial, state, local or other governmental sales, value-added, goods and services, harmonized or other taxes, fees, or charges (“Taxes”). You’re responsible for paying all applicable Taxes relating to your use of our Services, your payments, or your purchases. If we’re obligated to pay or collect Taxes on the fees you’ve paid or will pay, you’re responsible for those Taxes, and we may collect payment.

Payment. If your payment fails, Paid Services are otherwise not paid for or paid for on time (for example, if you contact your bank or credit card company to decline or reverse the charge of fees for Paid Services), or we suspect a payment is fraudulent, we may immediately cancel or revoke your access to Paid Services without notice to you.

Automatic Renewal. To ensure uninterrupted service, recurring Paid Services are automatically renewed. This means that unless you cancel a Paid Service before the end of the applicable subscription period, it will automatically renew, and you authorize us to use any payment mechanism we have on record for you, like credit cards or invoice you (in which case payment is due within 15 days) to collect the then-applicable subscription fee as well as any Taxes. By default, your Paid Services will be renewed for the same interval as your original subscription period, so for example, if you purchase a one-year subscription, you’ll be charged each year for access for another 12-month period. We may charge your account up to one month before the end of the subscription period to make sure pesky billing issues don’t inadvertently disrupt your access to our Services.

Overages. Each plan comes with a certain number of included report generations. Your Organization will be charged for all generations over the number stated in your plan. Overages are billed monthly using any payment mechanism we have on record for you, like credit cards or invoice you (in which case payment is due within 15 days). A generation is whenever you, or someone you have authorized (via sharing, or by making the report public) views either the html or pdf version of a published report. We only count a generation when we have to re-build the report from the data or configuration and we will cache each report for 5 minutes (so pressing refresh a bunch of times in a row on a published review will not count as separate generations until after 5 minutes has passed).

Canceling Automatic Renewal. You may cancel automatic renewal by contacting support, we’ll be sad to see you go, but we understand. Unfortunately, we can’t offer refunds for partial months. Only billing administrators within your ArcGIS Organization are able to change or cancel plans.

6 – Feedback

We love hearing from users! Please send us questions, comments, ideas, complaints, anything that will help make our service better! When you share comments, ideas or feedback with us you agree that we’re free to use them without any restriction or compensation to you or your Organization. But we’ll ask before we put your name on it!

7 – General Representation and Warranty

Our mission is to make it easier for you to explore, understand, and share your data and our Services are designed to do that and give you control and ownership over your data. We encourage you to be creative and express your data freely, subject to a few requirements, In particular, you represent and warrant that your use of our Services:

Will be in strict accordance with the Agreement;
Will comply with all applicable laws and regulations (including, without limitation, all applicable laws regarding online conduct and acceptable content, privacy, data protection, the transmission of technical data exported from the United States or the country in which you reside, the use or provision of financial services, notification and consumer protection, unfair competition, and false advertising);
Will not be for any unlawful purposes, to publish illegal content, or in furtherance of illegal activities;
Will not infringe or misappropriate the intellectual property rights of dymaptic or any third party;
Will not overburden or interfere with our systems or impose an unreasonable or disproportionately large load on our infrastructure, as determined by us in our sole discretion;
Will not disclose the personal information of others;
Will not be used to send spam or bulk unsolicited messages;
Will not interfere with, disrupt, or attack any service or network;
Will not be used to create, distribute, or enable material that is, facilitates, or operates in conjunction with, malware, spyware, adware, or other malicious programs or code;
Will not involve reverse engineering, decompiling, disassembling, deciphering, or otherwise attempting to derive the source code for the Services or any related technology that is not open source; and
Will not involve renting, leasing, loaning, selling, or reselling the Services or related data without our consent.

8 – Specific Service Terms

infomaptic.com enables you to create beautiful reports from your data, and we want you to use it! You are in control of your data and your reports. You can control who can view your data via sharing in ArcGIS.com. All of your templates are stored in ArcGIS.com as items, you control who has access to reports via sharing in ArcGIS.com. We don’t own your content, you retain all ownership rights to the data, content and report designs. We don’t even keep a copy of it (except for caching, see below). However, be responsible in what you publish. In particular, make sure that nothing prohibited (like span, viruses, or serious threats of violence) appears in your reports or templates.

HTTPS. You may only access infomaptic via HTTPS.

Caching. We don’t store your data, it stays in ArcGIS.com, except for caching. We store temporary copies of your template configuration, data and reports for the purpose of serving them more efficiently to you and your users. We typically keep such data for about 5 minutes before removing it from our systems.

Logs. We store log information in order to keep our systems running the best we can. We also store who generates reports for the purposes of billing. We only keep detailed records for a few months, after that we only keep summaries to support our billing and usage statistics. If you ask us to delete your account and data we will only keep high-level statistics, like how many reports you generated, but we won’t have any way to tie that back to you (we just add it to our total so we can keep track of how many reports have been made).

9 – Copyright Infringement and DMCA Policy

We respect the intellectual property rights of others, as we hope they do of us. We will do our best to enforce any notices sent to us under the DMCA, but we do not have control or access to the underlaying data, that is stored and maintained on ArcGIS.com. If you send us a DMCA notice, you should probably send ArcGIS.com one as well. Please send DMCA notices to dmca@infomaptic.com.

10 – Intellectual Property

The Agreement doesn’t transfer any dymaptic or third-party intellectual property to you, and all right, title and interest in and to such property remains (as between dymaptic and you) solely with dymaptic. Dymaptic, Infomaptic, Infomaptic.com and all other trademarks, service marks, graphics, and logos used in connection with our websites or Services are trademarks or registered trademarks of dymaptic (or dymaptic’s licensors). Other trademarks, services, marks, graphics, and logos used in connection with our Services may be the trademarks of other third parties. Using our Services doesn’t grant you any right or license to reproduce or otherwise use any dymaptic or third-party trademarks.

11 – Third-Party Services

While using the Services, you may enable, use, or purchase services, products, software, embeds, or applications (like themes, extensions, plugins, or blocks) developed by a third party or yourself (“Third-Party Services”). If you use any Third-Party Services, you understand that:

Third-Party Services aren’t vetted, endorsed, or controlled by dymaptic.
Any use of a Third-Party Service is at your own risk, and we won’t be responsible or liable to anyone for Third-Party Services.
Your use is solely between you and the respective third party (“Third Party”) and is governed by the Third Party’s terms and policies.
Some Third-Party Services may request or require access to your data — or to your visitors’ or customers’ data — through things like pixels or cookies. If you use the Third-Party Service or grant them access, the data will be handled in accordance with the Third Party’s privacy policy and practices, which you should carefully review before you use any Third-Party Services. Third-Party Services may not work appropriately with our Services and we may not be able to provide support for issues caused by any Third-Party Services.
If you have questions or concerns about how a Third-Party Service operates or need support, contact the Third Party directly.

12 – Changes

We may update, change, or discontinue any aspect of our Services at any time. Since we’re constantly updating our Services, we sometimes have to change the legal terms under which they’re offered. The Agreement may only be modified by a written amendment signed by an authorized executive of dymaptic, or if dymaptic posts a revised version. We’ll let you know when there are changes: we’ll post them here and update the “Last Updated” date, and we may also post on one of our blogs or send you an email or other communication before the changes become effective. Your continued use of our Services after the new terms take effect will be subject to the new terms, so if you disagree with the changes in the new terms, you should stop using our Services. To the extent you have an existing subscription, you may be eligible for a refund.

13 – Termination

We may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. We have the right (though not the obligation) to, in our sole discretion (i) refuse or remove any content that, in our reasonable opinion, violates any the Agreement or any dymaptic policy, or is in any way harmful or objectionable, (ii) ask you to make adjustments, restrict the resources your report(s) use, or terminate your access to the Services, if we believe your reports’ storage or bandwidth usage burdens our systems (which is rare and typically only occurs when a website is used for file sharing or something that we can’t think of right now that isn’t the purpose of infomaptic), or (iv) terminate or deny access to and use of any of our Services to any individual or entity for any reason. We will have no obligation to provide a refund of any fees previously paid. You can stop using our Services at any time, or, if you use a Paid Service, you can cancel at any time, subject to the Fees, Payment, and Renewal section of these Terms.

14 – Disclaimers

Our Services are provided “as is.” Dymaptic and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Dymaptic, nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. If you’re reading this, here’s a treat. (WordPress put that there, so we left ig but you should know that the treat is not vegan friendly, in fact it’s a picture of bbq, there I ruined it for you.) You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.

15 – Jurisdiction and Applicable Law.

Except to the extent any applicable law provides otherwise, the Agreement and any access to or use of our Services will be governed by the laws of the state of Oregon, U.S.A., excluding its conflict of law provisions. The proper venue for any disputes arising out of or relating to the Agreement and any access to or use of our Services that are not otherwise subject to arbitration (as indicated below) will be the state and federal courts located in Multnomah County, Oregon.

16 – Arbitration Agreement.

In the event of any dispute between the parties arising out of this Agreement, the dispute shall be resolved by binding arbitration under the rules of the American Arbitration Association by an arbitrator agreed upon in writing by the parties. In the event the parties cannot agree upon the choice of an arbitrator, each party shall appoint one individual representative and the two party representatives shall, between themselves, chose an arbitrator.

17 – Limitation of Liability

In no event will dymaptic, or its suppliers, partners, or licensors, be liable with respect to any subject matter of the Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed $50 or the fees paid by you to dymaptic under the Agreement during the twelve (12) month period prior to the cause of action, whichever is greater. Dymaptic shall have no liability for any failure or delay due to matters beyond its reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

18 – Indemnification

You agree to indemnify and hold harmless Dymaptic, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all losses, liabilities, demands, damages, costs, claims, and expenses, including attorneys’ fees, arising out of or related to your use of our Services, including but not limited to your violation of the Agreement or any agreement with a provider of third-party services used in connection with the Services, Content that you post, and any ecommerce activities conducted through your or another user’s website.

19 – US Economic Sanctions

You may not use the Services if such use is inconsistent with U.S. sanctions law or if you are on any list maintained by a U.S. government authority relating to designated, restricted or prohibited persons. Boy, this just keeps going doesn’t it!?

20 – Custom Agreements

If you need a custom agreement, either as part of the GDPR, or for other reasons, please contact us via support@infomaptic.com. If you or your organization has a custom agreement to cover usage of infomaptic, you or your organization is responsible for making your users aware of any material differences.

21 – Translation

These Terms were originally written in English (US). We may translate these terms into other languages, and in the event of a conflict between a translated version of these Terms and the English version, the English version will control.

22 – Miscellaneous

The Agreement (together with any other terms we provide that apply to any specific Service) constitutes the entire agreement between Dymaptic and you concerning our Services. If any part of the Agreement is unlawful, void, or unenforceable, that part is severable from the Agreement, and does not affect the validity or enforceability of the rest of the Agreement. A waiver by either party of any term or condition of the Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. Dymaptic may assign its rights under the Agreement without condition. You may only assign your rights under the Agreement with our prior written consent.

Change Log

June 9, 2021 – First Version