Terms of Service
These Terms of Service ("Terms") are a legal agreement between you and SprintGraph LLC, a North Carolina limited liability company ("SprintGraph," "we," "us," or "our"). These Terms govern your access to and use of the SprintGraph website, web application, workspace, accounts, subscription plans, and related services that link to these Terms (collectively, the "Services").
Please read these Terms carefully. You agree to these Terms when you affirmatively accept them through SprintGraph's account-creation process, subscription-enrollment process, a workspace notice, or another acceptance mechanism presented with the Services. If a conspicuous notice states that taking a particular action or continuing to use a particular part of the Services constitutes agreement to these Terms, taking that action after receiving the notice constitutes acceptance to the extent permitted by applicable law.
Our Privacy Policy explains how SprintGraph handles personal information in connection with the Services.
The “Binding Arbitration and Class-Action Waiver” section below contains an agreement to resolve most disputes through individual binding arbitration rather than in court and includes a class-action waiver. You may opt out of that section within 30 days as described there.
1. What SprintGraph Does
SprintGraph is a browser-based figure-building and data-visualization application designed to help users create, customize, save, and export research figures.
Depending on the features available to you, SprintGraph may allow you to enter, paste, or import tabular data; configure figures; perform supported descriptive and figure-related calculations; add visual elements such as error bars, confidence intervals, reference lines, significance markers, or trendlines; customize figure appearance; save projects locally in your browser; import or export SprintGraph project files; and export completed figures in supported formats.
SprintGraph is a software tool. It does not independently validate your research methodology, determine whether your conclusions are scientifically correct, or guarantee that any figure satisfies the requirements of a journal, publisher, institution, regulator, or other third party.
2. Eligibility
You must be at least 13 years old to use SprintGraph.
SprintGraph is a general-audience service and is not directed to children under 13. If you are under 13, do not use SprintGraph or submit personal information to SprintGraph.
If you have not reached the age of majority where you live, you may use SprintGraph only with the permission of a parent or legal guardian where required by applicable law. A person who starts or purchases a paid SprintGraph subscription must have legal capacity to enter into the subscription arrangement or be acting with appropriate authorization.
If you use SprintGraph on behalf of an employer, university, research institution, organization, or other entity, you represent that you are authorized to use the Services on that entity's behalf and, where applicable, to bind that entity to these Terms.
If you accept these Terms on behalf of an organization and have authority to bind it, references to “you” and “your” in these Terms include that organization where the context applies.
3. Using SprintGraph Without an Account
SprintGraph may allow you to enter the workspace and use certain figure-building functionality without creating an account.
Other functionality requires a SprintGraph account. SprintGraph currently requires an account to export or download completed figures and to use supported locally saved project functionality.
The functionality available without an account, through the Free plan, or through a paid plan may change as the Services evolve.
4. Accounts and Account Security
When you create an account, you agree to provide accurate information and to keep information associated with your account reasonably current.
You are responsible for maintaining the security of your account credentials and for taking reasonable steps to prevent unauthorized access to your account. You may not knowingly allow another person to use your account in a way that circumvents account or plan restrictions.
Please contact us promptly at support@sprintgraph.com if you believe your account has been compromised or used without authorization.
You are responsible for activity conducted through your account to the extent reasonably attributable to you or your authorized use. Nothing in these Terms makes you responsible for unauthorized activity caused solely by SprintGraph's failure to comply with obligations imposed on SprintGraph by applicable law.
5. License to Use SprintGraph
Subject to these Terms, SprintGraph grants you a limited, non-exclusive, non-transferable, non-sublicensable license, revocable as provided in these Terms, to access and use the Services for lawful personal, academic, educational, research, professional, and business purposes.
This license permits ordinary use of SprintGraph to create figures for research papers, journal submissions, theses, dissertations, reports, presentations, publications, internal research, professional work, and other lawful projects.
Except as expressly permitted by SprintGraph or applicable law, you may not copy, reproduce, distribute, sell, lease, sublicense, or commercially exploit the SprintGraph application itself; circumvent technical restrictions; or reverse engineer or attempt to derive the source code of proprietary portions of the Services.
These restrictions do not limit rights that applicable law does not permit SprintGraph to restrict.
6. Free and Pro Plans
SprintGraph may provide functionality without an account, a Free account, paid SprintGraph Pro subscriptions, trials, and other plans or features.
The Free plan provides a limited set of SprintGraph functionality, exports, and locally saved projects. You may create and use a Free account without starting a Pro trial or providing a payment method for Pro.
Free-plan exports currently include SprintGraph attribution.
SprintGraph Pro provides additional functionality and higher plan limits, including access to additional figure types, templates, features, export options, and locally saved projects.
The Pricing page or purchase interface describes the features included in each plan at the relevant time.
You may not use technical means to circumvent plan restrictions, feature limits, payment requirements, or attribution controls implemented within the Services.
7. SprintGraph Pro Subscriptions
SprintGraph currently offers Pro subscriptions at:
$12 per month for the monthly plan, or
$99 per year for the annual plan,
plus applicable taxes, if any.
The price and billing interval applicable to your subscription will be shown before you begin a trial or purchase Pro.
Paid subscriptions automatically renew unless canceled as described below.
SprintGraph may offer different pricing, promotions, eligibility rules, or plan configurations in the future. A change in generally available pricing does not by itself change the price of an existing subscription without any notice required by applicable law.
8. 14-Day Pro Trial
Eligible users may begin a 14-day SprintGraph Pro trial by selecting either the monthly or annual Pro plan and providing a valid payment method.
A payment card is required to begin the Pro trial.
You are not charged the Pro subscription fee when the trial begins. Unless you cancel before the trial ends, your selected paid subscription will automatically begin when the 14-day trial expires, and your payment method will be charged the price disclosed and accepted when you started the trial.
Under SprintGraph's current pricing:
- if you select monthly Pro, the first subscription charge is $12 plus applicable taxes, if any; and
- if you select annual Pro, the first subscription charge is $99 plus applicable taxes, if any.
If you cancel during the trial, you will not be charged the subscription fee that otherwise would become due at the end of the trial. You may continue using Pro through the remainder of the 14-day trial, after which your account will return to the Free plan unless otherwise stated.
Trial eligibility may be limited. Unless SprintGraph expressly offers otherwise, creating additional accounts, changing plans, or repeatedly subscribing does not create an entitlement to successive free trials.
9. Automatic Renewal
After a Pro trial converts to a paid subscription, your Pro subscription automatically renews until you cancel it.
A monthly Pro subscription automatically renews for successive one-month billing periods and charges the applicable monthly subscription price.
An annual Pro subscription automatically renews for successive one-year billing periods and charges the applicable annual subscription price.
By starting a Pro trial or purchasing Pro, you authorize SprintGraph and its payment processor to charge your selected payment method for subscription charges, applicable taxes, and other amounts clearly disclosed and authorized by you in connection with the subscription.
SprintGraph will provide trial-ending, renewal, annual subscription, price-change, or other subscription notices when required by applicable law, applicable payment-network requirements, or SprintGraph's billing practices.
10. Cancellation and Account Deletion
You may cancel SprintGraph Pro through the online subscription-management functionality made available with your account.
If you cannot access or authenticate your account, contact support@sprintgraph.com for assistance canceling your subscription. SprintGraph may take reasonable steps to verify your identity or authority before processing a cancellation request.
If you cancel during the 14-day trial, your cancellation prevents the first paid subscription charge, and you will retain Pro access through the remaining trial period.
If you cancel an active paid Pro subscription, the cancellation stops future renewal charges. You will retain Pro access through the end of the billing period you have already paid for unless a refund or earlier termination is required by law or expressly agreed by SprintGraph.
At the end of that period, your account will ordinarily return to the Free plan.
Simply ceasing to use SprintGraph, clearing browser data, or closing a browser does not cancel an active subscription. Use SprintGraph's subscription-management functionality or contact SprintGraph as described above to cancel Pro.
If you have an active Pro subscription and want to delete your SprintGraph account, cancel the Pro subscription first or contact support@sprintgraph.com so the subscription can be resolved. Do not assume that deleting or requesting deletion of an account, by itself, has canceled an active subscription unless SprintGraph expressly confirms that cancellation.
11. Refunds
Subscription charges are generally non-refundable, and SprintGraph does not ordinarily provide prorated refunds or credits for partially used subscription periods.
This policy does not limit any refund, cancellation, or other right that applicable law does not permit you to waive.
SprintGraph may issue refunds, credits, or other adjustments in its discretion, including to address billing errors, duplicate charges, significant service problems, or other circumstances SprintGraph considers appropriate. Providing discretionary relief in one situation does not require SprintGraph to provide the same relief in another situation.
12. Payments, Failed Payments, and Taxes
SprintGraph uses third-party payment services, including Stripe, to process subscription payments.
Your use of those payment services may also be subject to the applicable payment provider's terms and privacy practices.
If your payment method cannot be successfully charged, SprintGraph may attempt to collect the amount due through its payment processor and may suspend or limit paid functionality until payment is successfully completed, subject to applicable law.
A payment failure or loss of Pro access does not give SprintGraph control over locally stored SprintGraph projects on your device and does not authorize SprintGraph to remotely delete those projects.
Prices may exclude taxes unless otherwise stated. You are responsible for applicable sales, use, value-added, or similar transaction taxes that SprintGraph is legally required to collect from you. SprintGraph remains responsible for taxes imposed on SprintGraph's own income.
13. Changes to Subscription Prices
SprintGraph may change subscription prices from time to time.
A price change affecting an existing subscription will apply prospectively and will not increase the price of a billing period that has already been paid.
Before an applicable price change takes effect, SprintGraph will provide notice as required by applicable law. Where reasonably practicable, SprintGraph will provide sufficient advance notice for you to decide whether to continue or cancel your subscription before the changed price is charged.
If you do not want to continue at the changed price, you may cancel before the change takes effect.
14. Your Research Data
As between you and SprintGraph, you retain your rights in the research datasets, information, and other substantive research materials that you use with SprintGraph ("Research Data").
During the ordinary figure-building workflow, research datasets you enter, paste, or import into SprintGraph are processed locally in your browser and are not uploaded to or stored on SprintGraph servers as part of that workflow.
SprintGraph does not obtain a broad license to use your locally processed Research Data merely because you use it with the Services.
You authorize the SprintGraph software running in your browser to process Research Data locally as necessary to perform the functions you request. This limited authorization does not transfer ownership of the Research Data to SprintGraph and does not give SprintGraph a right to use Research Data for unrelated purposes.
Different rules apply to information or materials that you intentionally send to SprintGraph—for example, through email, a support request, a feedback form, or another communication—as described below and in the Privacy Policy.
15. Locally Saved Projects
Supported SprintGraph projects are stored locally in browser storage, including IndexedDB, rather than uploaded to SprintGraph servers as part of the ordinary project-saving process.
Because these projects are stored locally:
- SprintGraph may not possess a server copy of your saved project;
- clearing browser storage, resetting or replacing a device, browser behavior, local corruption, or other events outside SprintGraph's reasonable control may result in loss of locally stored work; and
- SprintGraph may be unable to recover a project that has been deleted or lost from your local browser storage.
You are responsible for maintaining appropriate copies of important work. Where SprintGraph provides project-file export functionality, you may use that functionality to maintain or transfer copies of supported projects.
SprintGraph does not promise cloud backup, remote recovery, or synchronization of locally saved projects unless a particular feature expressly states otherwise.
16. What Happens to Local Projects When Pro Ends
The Free plan currently permits up to three locally saved projects, while Pro currently permits up to twelve.
If your Pro subscription or trial ends while you have more locally saved projects than the Free plan permits, SprintGraph will not automatically delete the existing projects solely because you returned to Free.
Those existing projects may remain stored on your device. However, while the number of locally saved projects exceeds the applicable Free-plan limit, SprintGraph may prevent you from creating or saving additional projects until you reduce the number of locally saved projects or regain access to a plan with a higher limit.
Because these projects reside in your browser, their continued availability remains subject to the local-storage considerations described above.
17. Your Figures and Other Work
SprintGraph does not claim ownership of your underlying research, Research Data, substantive figure content, research conclusions, or other original material merely because you use SprintGraph to create a figure.
As between you and SprintGraph, you may use, reproduce, publish, display, distribute, submit, present, and otherwise exploit figures you lawfully create and export through SprintGraph, including in academic and commercial work.
SprintGraph retains all rights in the SprintGraph software, interface, branding, templates, proprietary functionality, and other SprintGraph materials underlying the Services.
To the extent a lawfully exported figure incorporates protected SprintGraph design or template elements necessary to use that exported figure, SprintGraph grants you a worldwide, perpetual, non-exclusive, royalty-free license to reproduce, publish, display, distribute, and use those incorporated elements as part of that exported figure.
This section does not give you ownership of or a standalone license to extract, resell, or distribute SprintGraph's application, templates, interface, or proprietary design assets apart from lawful outputs created through the Services.
You are responsible for ensuring that material you use in a figure does not violate third-party rights.
18. Statistical and Figure-Related Calculations
SprintGraph performs certain descriptive and figure-related calculations to support figure creation.
Depending on the feature being used, SprintGraph may calculate or display information such as count, sum, mean, median, standard deviation, minimum, maximum, missing values or cells, standard error, confidence intervals, and trendline outputs, such as a fitted equation, coefficient of determination (R²), and sample size.
SprintGraph may also allow you to supply your own error-bar values.
As of the Effective Date, SprintGraph's current functionality does not calculate p-values, perform ANOVA, conduct hypothesis tests to determine statistical significance, or independently determine whether a relationship or difference is statistically significant.
When SprintGraph allows you to add significance markers, you select those markers based on your own analysis or other information available to you.
SprintGraph does not use generative AI to invent, alter, or interpret your research results as part of its figure-building functionality.
Features and supported calculations may evolve. Product documentation or information displayed within SprintGraph may describe how a particular feature or calculation works.
19. Research and Scientific Responsibility
SprintGraph is designed to help create and present figures. It does not replace the judgment of a researcher, statistician, scientist, research institution, journal, reviewer, or other qualified professional.
You remain responsible for reviewing and verifying your work, including, as applicable:
- the accuracy and completeness of your Research Data;
- the appropriateness of your methodology and analysis;
- the statistical settings and calculations you choose to use;
- significance markers and other annotations you select;
- the accuracy of labels, units, legends, and other figure elements;
- permissions, licenses, consents, and rights needed for your data or materials;
- research ethics and institutional requirements;
- institutional review board or similar requirements;
- applicable legal and regulatory obligations;
- publication or journal requirements;
- interpretation of results; and
- conclusions drawn from your figures or research.
SprintGraph does not independently certify or warrant that a figure is statistically correct, scientifically valid, methodologically appropriate, suitable for a particular research purpose, or acceptable to a particular journal, publisher, institution, regulator, or other third party.
References to "publication-quality," "research-ready," "professional," or similar figures describe intended visual or presentation quality and are not guarantees of publication acceptance or scientific validity.
20. No Professional Advice
SprintGraph provides software tools and information about the operation of those tools.
SprintGraph does not provide medical, legal, regulatory, scientific, statistical, or other professional advice tailored to your circumstances.
You should obtain appropriate professional guidance when your research, data, methodology, regulatory obligations, or use case requires it.
21. Sensitive and Regulated Information
The standard Services are not offered as HIPAA-compliant services.
You must not use SprintGraph in a manner that requires SprintGraph to act as a business associate under HIPAA unless SprintGraph has separately entered into an appropriate written agreement governing that use.
Because Research Data used in the ordinary SprintGraph workspace is processed locally, you are responsible for determining whether your intended local use of SprintGraph is permitted under laws, contracts, institutional policies, research protocols, consent obligations, data-use agreements, or other requirements that apply to you.
Do not send protected health information ("PHI") or similarly highly regulated research information to SprintGraph through support, email, feedback forms, or other SprintGraph-controlled communication channels unless SprintGraph has entered into a separate written agreement expressly authorizing and governing SprintGraph's receipt of that information.
When possible, use a redacted or synthetic example when requesting support involving sensitive research.
You remain responsible for de-identifying, redacting, securing, or otherwise protecting sensitive information before voluntarily sending materials to SprintGraph where required by applicable law or your obligations.
Nothing in these Terms represents that local use of SprintGraph will satisfy the requirements of HIPAA or any other particular privacy, security, research, or regulatory framework.
22. Acceptable Use
You may use SprintGraph only lawfully and in accordance with these Terms.
You may not:
- use the Services in violation of applicable law or another person's rights;
- access or attempt to access another person's account without authorization;
- impersonate another person or engage in fraud or deception through the Services;
- introduce malware or other harmful code;
- interfere with, overload, disrupt, or damage the Services or related infrastructure;
- bypass or attempt to bypass authentication, plan limitations, payment controls, security controls, or technical restrictions;
- use automated means to access or extract information from SprintGraph in a manner that materially burdens the Services or violates technical restrictions;
- probe, scan, or test nonpublic systems for vulnerabilities without SprintGraph's authorization, except to the extent applicable law expressly protects the activity;
- reverse engineer proprietary portions of the Services except to the extent applicable law expressly permits doing so notwithstanding this restriction;
- use SprintGraph to violate intellectual-property, privacy, confidentiality, contractual, or other third-party rights; or
- use the Services where doing so is prohibited by applicable U.S. sanctions, export-control laws, or other applicable trade restrictions.
SprintGraph may take reasonable measures to prevent abuse, protect users and infrastructure, enforce these Terms, and comply with law.
23. SprintGraph Intellectual Property
SprintGraph and its licensors own all right, title, and interest in and to the Services and SprintGraph materials, including the application, source and object code, user interface, product design, proprietary features and workflows, templates, site content, documentation, names, logos, trademarks, and branding, except for material expressly identified as belonging to others.
Except for the limited licenses expressly granted in these Terms, these Terms do not transfer any SprintGraph intellectual-property rights to you.
"SprintGraph," associated logos, and related branding are trademarks or other proprietary identifiers of SprintGraph LLC. You may not use SprintGraph branding in a manner that falsely suggests sponsorship, endorsement, partnership, or affiliation.
24. Feedback and Materials You Send to SprintGraph
We welcome feedback about SprintGraph.
For purposes of these Terms, "Feedback" means ideas, suggestions, comments, or recommendations about SprintGraph or its features. Feedback does not include your Research Data, datasets, figures, locally saved project contents, or other research materials merely because those materials accompany or help explain your Feedback.
If you voluntarily provide Feedback, you grant SprintGraph a perpetual, worldwide, irrevocable, royalty-free right to use, reproduce, adapt, develop, commercialize, and otherwise use that Feedback without compensation or obligation to you.
This Feedback license does not give SprintGraph a license to your locally processed Research Data or other research materials.
If you intentionally send SprintGraph other materials through support, email, a form, or another communication, you retain your ownership rights in those materials. You give SprintGraph a non-exclusive license to access, use, reproduce, and process those materials only to the extent reasonably necessary to:
- respond to your submission;
- provide the support you requested;
- investigate or troubleshoot an identified issue;
- protect the security or integrity of SprintGraph or prevent abuse; or
- otherwise fulfill the specific purpose for which you submitted the material.
That license does not authorize SprintGraph to use submitted research material for unrelated marketing, public disclosure, model training, benchmarking, or other unrelated purposes.
SprintGraph will not use your name, identity, or testimonial in public marketing solely because you submitted ordinary product feedback. Public testimonials or endorsements will be handled through separate permission or another appropriate authorization.
25. Third-Party Services
SprintGraph relies on third-party products and service providers for portions of its operations, which may include payment processing, account infrastructure, hosting, communications, analytics, forms, security, and other technical functionality.
Third-party services may be governed by their own terms and privacy practices.
SprintGraph is not responsible for an independent third-party service that is outside SprintGraph's reasonable control. This provision does not limit responsibility that applicable law does not permit SprintGraph to disclaim.
Links to third-party websites or services do not necessarily mean SprintGraph endorses or controls those services.
26. Changes, Beta Features, Suspension, and Termination
Changes to the Services
SprintGraph may add, modify, improve, replace, or discontinue features as the Services evolve.
Plan features, supported figure types, templates, project limits, integrations, and other functionality may change over time. SprintGraph will not use this provision to retroactively deprive you of a paid billing period without regard to applicable law or the substance of the service you purchased.
Beta and Experimental Features
SprintGraph may identify certain features as beta, preview, experimental, early access, or similar. Those features may be incomplete, change materially, or be discontinued.
The fact that a particular feature is experimental does not mean the entire SprintGraph production service is a beta service.
Suspension
SprintGraph may suspend or restrict access when reasonably necessary to address:
- a material violation of these Terms;
- suspected fraud or unlawful activity;
- a significant security risk;
- unauthorized access;
- abuse of the Services or infrastructure;
- failure to pay amounts due;
- a legal or regulatory requirement; or
- conduct that materially threatens SprintGraph, its users, or third parties.
Where circumstances reasonably permit, SprintGraph may provide notice or an opportunity to address an ordinary violation before terminating an account. SprintGraph may act immediately where needed to address security, fraud, legal, or similar urgent risks.
Termination by You
You may stop using SprintGraph at any time. If you have an active Pro subscription, you must cancel that subscription as described above to stop future renewal charges.
Termination by SprintGraph
SprintGraph may terminate an account or your right to use the Services for a material or repeated violation of these Terms, unlawful use, fraud, significant security risk, nonpayment, or other circumstances where continued access would be unreasonable or unlawful.
If SprintGraph ends an active paid subscription for reasons unrelated to your violation of these Terms, unlawful activity, security risk, nonpayment, or other misconduct, SprintGraph may provide continued access through the applicable paid period or, where appropriate, a prorated refund or credit for the unused portion of that period, subject to applicable law.
Effect of Termination
Termination of an account may end access to account-dependent functions.
Termination does not mean SprintGraph remotely deletes Research Data or projects stored only in your browser. SprintGraph may not possess those materials.
Information SprintGraph does possess may be retained where reasonably necessary for payment records, tax and accounting obligations, security, fraud prevention, dispute resolution, legal compliance, or other legitimate purposes, as further described in the Privacy Policy.
Provisions that by their nature should survive termination—including provisions concerning ownership, Feedback, disclaimers, limitations of liability, disputes, and general legal terms—will survive.
27. Disclaimers
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
SPRINTGRAPH DISCLAIMS IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT TO THE EXTENT THOSE WARRANTIES MAY LAWFULLY BE DISCLAIMED.
SPRINTGRAPH DOES NOT WARRANT THAT THE SERVICES WILL ALWAYS BE AVAILABLE, UNINTERRUPTED, ERROR-FREE, OR FREE OF EVERY SECURITY VULNERABILITY OR SOFTWARE DEFECT.
SPRINTGRAPH DOES NOT WARRANT THAT A FIGURE, CALCULATION, CONFIGURATION, OUTPUT, OR OTHER RESULT IS SCIENTIFICALLY VALID, STATISTICALLY APPROPRIATE FOR YOUR RESEARCH, SUITABLE FOR A PARTICULAR PURPOSE, ACCEPTABLE FOR PUBLICATION, OR COMPLIANT WITH A PARTICULAR INSTITUTIONAL, PROFESSIONAL, REGULATORY, OR JOURNAL REQUIREMENT.
YOU ARE RESPONSIBLE FOR REVIEWING IMPORTANT INPUTS, SETTINGS, CALCULATIONS, AND OUTPUTS BEFORE RELYING ON OR PUBLISHING THEM.
Nothing in this section excludes warranties, remedies, or rights that applicable law does not permit SprintGraph to disclaim.
28. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SPRINTGRAPH LLC AND ITS MEMBERS, OFFICERS, EMPLOYEES, CONTRACTORS, AFFILIATES, AND AGENTS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, BUSINESS OPPORTUNITY, GOODWILL, OR DATA, ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS, EVEN IF SPRINTGRAPH HAS BEEN ADVISED THAT SUCH DAMAGES ARE POSSIBLE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF SPRINTGRAPH LLC AND THE OTHER SPRINTGRAPH PARTIES ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF:
(A) THE AMOUNT YOU PAID TO SPRINTGRAPH FOR THE SERVICES DURING THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR
(B) $100.
The limitations in this section apply regardless of the form of action, whether based in contract, tort, negligence, statute, strict liability, or another legal theory, to the extent permitted by law.
These limitations do not apply to liability that applicable law prohibits SprintGraph from excluding or limiting. Depending on the applicable jurisdiction, this may include certain liability for fraud, willful misconduct, gross negligence, personal injury, or violation of nonwaivable consumer rights.
Because SprintGraph projects may be stored only in your browser, SprintGraph is not responsible for loss of local projects caused by deletion or clearing of browser storage, loss or failure of your device, actions of third-party software, or other events outside SprintGraph's reasonable control, except to the extent applicable law provides otherwise.
Some jurisdictions do not allow certain warranty disclaimers or liability limitations, so some of these provisions may not apply to you.
29. Indemnification
To the extent permitted by applicable law, if you use SprintGraph on behalf of a business, university, research institution, or other organization, you agree to indemnify and hold harmless SprintGraph LLC and its members, officers, employees, contractors, affiliates, and agents from third-party claims, damages, liabilities, judgments, and reasonable costs and attorneys' fees arising from:
- material you intentionally submit to SprintGraph that violates or infringes a third party's rights;
- your unlawful use of the Services;
- your knowing or willful violation of another person's intellectual-property, privacy, confidentiality, or other rights through the Services; or
- your material violation of applicable law through your use of the Services.
If you use SprintGraph solely as an individual consumer and not on behalf of an organization, this indemnification obligation is limited to third-party claims arising from your intentional unlawful conduct, your knowing or willful infringement or violation of another person's rights, or material you intentionally submit to SprintGraph that you knew or reasonably should have known violated another person's rights.
No indemnification obligation applies to the extent a claim was caused by SprintGraph's negligence, willful misconduct, violation of law, or breach of these Terms.
SprintGraph will provide reasonable notice of a covered third-party claim. SprintGraph may control the defense and settlement of the claim, provided that SprintGraph will not agree to a settlement that admits wrongdoing by you or imposes a nonmonetary obligation on you without your consent, which will not be unreasonably withheld. You agree to provide reasonable cooperation in connection with the defense.
30. Informal Dispute Resolution
Before either you or SprintGraph begins arbitration concerning a dispute, the parties agree to make a reasonable good-faith effort to resolve the dispute informally for at least 30 days.
To begin the informal process, you may email support@sprintgraph.com with your name, the email address associated with your SprintGraph account if applicable, a description of the dispute, the relevant facts, and the resolution you are requesting.
SprintGraph may send an informal dispute notice to the email address associated with your account.
The parties may agree to conduct an informal conference by telephone or video where useful.
Any applicable limitations period will be tolled during the required 30-day informal-resolution period to the extent permitted by law.
Either party may proceed sooner where immediate relief is reasonably necessary to prevent actual or threatened infringement, misuse of intellectual property, unauthorized system access, or another injury for which waiting would make meaningful relief unavailable.
31. Binding Arbitration and Class-Action Waiver
Please Read This Section Carefully
Except for the matters expressly excluded below, you and SprintGraph agree to resolve disputes individually through binding arbitration rather than through a lawsuit before a judge or jury.
Arbitration is less formal than court litigation and uses a neutral arbitrator rather than a judge or jury.
Agreement to Arbitrate
After completion of the informal-resolution process described above, any dispute, claim, or controversy arising out of or relating to these Terms, the Services, your SprintGraph account, a subscription, or the relationship between you and SprintGraph will be resolved by binding individual arbitration, except as otherwise provided below.
The Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement.
Arbitration Administrator and Rules
Arbitration will be administered by the American Arbitration Association ("AAA").
If you use the Services as an individual consumer, arbitration will be conducted under the AAA Consumer Arbitration Rules in effect when the arbitration is filed, as modified by these Terms.
For disputes that do not qualify for the AAA Consumer Arbitration Rules, the applicable AAA Commercial Arbitration Rules will apply.
If AAA determines that rules governing coordinated or mass individual filings apply, those rules will apply according to their terms.
If AAA is genuinely unavailable to administer an arbitration for reasons unrelated to either party's failure to comply with AAA rules or pay required fees, the parties will attempt in good faith to select another nationally recognized arbitration provider. If they cannot agree, either party may ask a court of competent jurisdiction to appoint an appropriate substitute consistent with applicable law.
If AAA declines to administer a consumer arbitration because SprintGraph failed to comply with AAA requirements or pay fees assigned to SprintGraph, SprintGraph will not rely on the preceding paragraph to require the consumer to arbitrate before a substitute administrator, and either party may pursue the dispute in court to the extent permitted by AAA's rules and applicable law.
Arbitration Location and Format
Where the AAA Consumer Arbitration Rules apply, the location and manner of arbitration will be determined consistently with those rules and applicable law.
Where appropriate, arbitration may occur by telephone, video conference, written submissions, or another reasonably accessible method.
Remedies
The arbitrator may award the same individual remedies that would be available to the individual party in court, including legally available damages, declaratory relief, injunctive relief, and attorneys' fees where authorized by law.
The arbitrator must apply these Terms and applicable law.
Exceptions
Either party may bring an individual claim in a court that qualifies as small-claims court if the claim remains within that court's jurisdiction.
Either party may seek temporary or preliminary relief in a court of competent jurisdiction where reasonably necessary to protect against actual or threatened infringement or misappropriation of intellectual property, unauthorized access to systems or accounts, or comparable immediate harm pending resolution of the underlying dispute.
Nothing in these Terms prevents either party from reporting conduct to or communicating with a government agency.
Nothing in this arbitration agreement waives a right to seek public injunctive relief or another remedy in court to the extent applicable law provides that such a right cannot lawfully be waived or required to be arbitrated.
No Class or Representative Proceedings
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND SPRINTGRAPH AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLASS MEMBER, OR REPRESENTATIVE IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION.
Unless both parties agree otherwise, an arbitrator may not consolidate the substantive claims of different individuals or preside over a class or representative arbitration, except to the extent applicable AAA rules provide administrative procedures for coordinated or mass individual filings without converting those matters into a class arbitration.
If applicable law prohibits enforcement of this waiver with respect to a particular claim or remedy, that claim or remedy will be handled in the forum required by applicable law, while the remainder of this section will remain effective to the maximum extent permitted.
Jury-Trial Waiver
FOR DISPUTES SUBJECT TO ARBITRATION, YOU AND SPRINTGRAPH EACH WAIVE THE RIGHT TO A TRIAL BEFORE A JUDGE OR JURY.
Arbitration Fees
Arbitration fees will be allocated according to the applicable AAA rules and applicable law.
Where the AAA Consumer Arbitration Rules apply, SprintGraph will pay the fees the business is required to pay under those rules.
SprintGraph will not seek reimbursement of arbitration fees from an individual consumer unless the arbitrator determines that applicable law and AAA's rules permit it.
30-Day Right to Opt Out
You may opt out of this entire Binding Arbitration and Class-Action Waiver section by sending an email to support@sprintgraph.com within 30 days after the date you first affirmatively accept these Terms.
Your email must:
- use the subject line "Arbitration Opt-Out";
- provide your full name;
- provide the email address associated with your SprintGraph account, if applicable; and
- clearly state that you are opting out of the Binding Arbitration and Class-Action Waiver section of the SprintGraph Terms of Service.
A valid opt-out applies to this entire section, including the arbitration requirement and the class-action and jury-trial waivers associated with arbitration. It does not affect any other provision of these Terms.
If you properly opt out, SprintGraph will not penalize you or change the Services available to you because of your decision.
Changes to Arbitration Terms
If SprintGraph makes a material future change to this arbitration section, the change will not apply to a dispute of which SprintGraph had actual notice before the effective date of the change.
A future amendment will not revoke a valid arbitration opt-out you previously submitted unless you separately and affirmatively agree otherwise.
32. Governing Law and Court Venue
These Terms and disputes arising out of or relating to them or the Services are governed by the laws of the State of North Carolina, without regard to its conflict-of-laws principles, except to the extent the Federal Arbitration Act or another applicable federal law governs.
This choice of law does not deprive you of nonwaivable consumer protections provided by the law of the jurisdiction in which you reside when those protections legally apply.
For a dispute that is not required to be arbitrated and is not properly brought in small-claims court elsewhere, you and SprintGraph consent to the exclusive jurisdiction of the state and federal courts serving Mecklenburg County, North Carolina, except where applicable law gives you a nonwaivable right to bring a claim in another forum.
33. Changes to These Terms
SprintGraph may update these Terms from time to time as the Services, business, or law changes.
If a change is material to existing users' rights or obligations, SprintGraph will provide reasonable advance notice using an appropriate method, such as email or a notice within the Services, unless a shorter period is reasonably necessary to comply with law, respond to an urgent security issue, introduce a new optional feature, or make a change that does not materially reduce users' rights.
Where reasonably practicable, SprintGraph will provide at least 30 days' advance notice before a materially adverse change becomes effective for an existing account holder.
The updated Terms will identify their effective date.
Your continued use of the Services after updated Terms become effective constitutes acceptance to the extent permitted by applicable law where SprintGraph has provided legally sufficient notice and an appropriate means of assent. SprintGraph may request affirmative acceptance of material changes where appropriate.
If you do not agree to an update, you may stop using the Services and cancel any active subscription before the change takes effect.
SprintGraph will not apply material changes retroactively where doing so would be unlawful or fundamentally unfair.
Changes to subscription pricing are additionally governed by the subscription-pricing provisions above. Changes to arbitration are additionally governed by the arbitration provisions above.
34. Privacy
SprintGraph's Privacy Policy describes how SprintGraph collects, uses, discloses, and otherwise handles personal information associated with the Services.
The Privacy Policy also explains the distinction between Research Data processed locally in the browser and account, payment, communications, analytics, technical, or other information SprintGraph or its service providers may receive.
The Privacy Policy does not give SprintGraph rights in your Research Data that these Terms do not grant.
35. Electronic Communications
You agree that SprintGraph may provide legally permitted communications electronically, including through email, the Services, or another reasonable electronic method.
These communications may include account notices, trial and subscription communications, payment information, renewal notices, security notices, changes to legal terms, and other service-related communications.
Transactional and legally required communications are different from optional marketing communications. Where applicable law gives you a right to opt out of marketing communications, exercising that right will not prevent SprintGraph from sending service, account, payment, security, or legal notices that are necessary for your relationship with SprintGraph.
36. General Terms
Entire Agreement
These Terms and documents expressly incorporated into them constitute the agreement between you and SprintGraph regarding the Services, except where SprintGraph and you or your organization have entered into a separate written agreement that expressly governs the same subject matter.
Severability
If a court or arbitrator determines that a provision of these Terms is invalid or unenforceable, the provision will be enforced to the maximum extent permitted by law and the remaining provisions will remain in effect, subject to any more specific severability rule stated in the arbitration section.
Waiver
A failure by SprintGraph or you to enforce a provision of these Terms on one occasion does not waive the right to enforce it later.
Assignment
You may not transfer these Terms or your SprintGraph account to another person without SprintGraph's consent, except where applicable law gives you a right to do so.
SprintGraph may assign these Terms in connection with a merger, acquisition, corporate reorganization, financing, sale of substantially all relevant assets, or similar business transaction, or to an affiliate, provided that doing so does not eliminate nonwaivable rights you have under applicable law.
Events Beyond Reasonable Control
SprintGraph will not be responsible for a delay or failure caused by events outside its reasonable control to the extent permitted by applicable law, including failures of telecommunications, hosting, utilities, third-party infrastructure, natural disasters, governmental actions, labor disruptions, or widespread internet or network failures.
No Third-Party Beneficiaries
Except as expressly stated in these Terms, these Terms do not create rights for third parties.
Headings
Headings are provided for readability and do not limit the meaning of these Terms.
Survival
Provisions that by their nature are intended to continue after termination will survive, including provisions concerning ownership, payment obligations already incurred, Feedback, disclaimers, liability limitations, indemnification, disputes, and general legal terms.
37. Contact Us
Questions about these Terms or the Services may be sent to:
SprintGraph LLC
North Carolina, United States
support@sprintgraph.com
