Terms Of Service

Version: 1.3

Effective date: September 23, 2023

SankeyArt GmbH offers a web-based visualization software as a service (SaaS; "SankeyArt Software").

These Terms of Service ("Terms") govern your access to and use of SankeyArt GmbH's software, website and APIs. Please read these Terms carefully, and contact us if you have any questions. By accessing or using SankeyArt, you agree to be bound by these Terms and our Privacy Policy. These Terms Of Service is a legal agreement between you (either an individual or a single entity – “You” or “the User”).

1. Software and business model

1.1 SankeyArt Software helps you visualize financial statements with Sankey diagrams.

1.2 We offer our software as a service using a freemium model: Basic functionality is offered free of charge and we charge for licensing additional functionality using subscriptions.

1.3 We license our software to companies and organizations from a list of eligible countries (business-to-business; B2B) and consumers (B2C). If you do not meet our location-based inclusion criteria, you can use the free functionality but are not eligible to license additional functionality via a subscription.

2. SankeyArt GmbH proprietary rights

2.1 The names, logos, trademarks, trade dress, arrangements, visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the websites and services (“Materials”) that we provide are protected by intellectual property and other laws. All Materials included in the websites and services are the property of SankeyArt GmbH or its third party licensors. You may only use the websites and services as expressly authorized by us and as set forth in this Terms. You shall abide by and maintain all intellectual property notices, information, and restrictions contained in the websites and services. We reserve all rights to the websites and services not granted expressly in this Terms.

2.2 If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the websites and services (“Feedback”) then you hereby grant to us an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the websites and services and create other products and services.

2.3 You grant us permission to include your name, logos, and trademarks in our promotional and marketing materials and communications.

2.4 Some of the Materials provided by SankeyArt GmbH are licensed under one or more open source, Creative Commons, or similar licenses (collectively, “Open Source Licenses”). Nothing in this Terms prevents, restricts, or is intended to prevent or restrict you from obtaining such materials under the applicable Open Source Licenses or to limit your use of such materials under those Open Source Licenses.

2.5 Subject to your complete and ongoing compliance with this Terms and our rights therein, SankeyArt GmbH grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the websites and/or services as described in and subject to this Terms.

3. Third party links, sites, and services

SankeyArt Software may contain links to third party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by SankeyArt GmbH. We don’t endorse or assume any responsibility for any such third party sites, information, materials, products, or services. If you access any third party website, service, or content from SankeyArt Software, you do so at your own risk and you agree that SankeyArt GmbH has no liability arising from your use of or access to any third party website, service, or content.

4. Subscription plans

4.1 Subscription plans: SankeyArt Software is ordered online and provided on a subscription basis in different plans as described by the price lists available at https://www.sankeyart.com/pricing/ and as applicable at the time the subscription is ordered.

4.2 Term: SankeyArt GmbH offers two term options: (i) an annual subscription with a twelve month term or (ii) a monthly subscription with a one month term, each with an automatic renewal for an additional term unless either party terminates the subscription with a notice no later than two weeks prior to the renewal date.

4.3 Fee: Depending on the agreed subscription plan the User has to pay to SankeyArt GmbH a monthly or annual subscription fee at the beginning of each term.

4.4 Price increases: SankeyArt GmbH is entitled to adjust its list prices to compensate personnel cost or other cost increases annually in an appropriate amount. SankeyArt GmbH will announce these price adjustments and the effective date of the price adjustments to the customer in text form. The price adjustments shall not apply to the periods the customer has already paid for. If the price increase is more than 8% of the previous price, the customer may object to this list price increase within a period of two weeks from notification. A change in the price resulting from a change in the scope of features shall not be deemed a price adjustment within the meaning of this section.

4.5 Plan upgrades and downgrades: The User can switch between the offered plans of the SankeyArt Software. SankeyArt GmbH shall invoice any additional amounts without undue delay or as agreed between the parties. Any upgrades will take effect from the date the customer makes or confirms such adjustment. For downgrades the notice periods pursuant to Section 4.2 shall apply accordingly. For the avoidance of doubt, the customer is not entitled to a (pro rata) refund.

4.6 Plan change: SankeyArt GmbH may make available to the User different plans of the SankeyArt Software from time to time, as detailed on its website or otherwise notified. The customer may elect to either upgrade or downgrade plans in accordance with Section 4.5, in which case SankeyArt GmbH shall confirm the relevant process for either upgrading or downgrading plans.

4.7 Refunds: Kindly be advised that our company does not provide refunds for any subscriptions. We consider payments made to be irrevocable and non-refundable once processed.

4.8 Termination by SankeyArt GmbH: We may terminate or suspend your right to access or use SankeyArt Software for any reason on appropriate notice. We may terminate or suspend your access immediately and without notice if we have a good reason.

5. Disclaimers

5.1 Our Software, services and all content on SankeyArt.com is provided on an "as is" basis without warranty of any kind, whether express or implied.

5.2 SankeyArt GmbH specifically disclaims any and all warranties and conditions of merchantability, fitness for a particular purpose, and non-infringement, and any warranties arising out of course of dealing or usage of trade.

5.3 SankeyArt Software allows you to create and post Sankey diagrams. Anything that you post or otherwise make available on SankeyArt.com is referred to as "User Content". SankeyArt GmbH takes no responsibility and assumes no liability for any User Content that you or any other person or third party posts or sends using our Service. You understand and agree that you may be exposed to User Content that’s inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose.

6. Limitation of liability

6.1 To the maximum extent permitted by law, SankeyArt GmbH shall not be liable for any indirect, incidental, special, consequential or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (A) your access to or use of or inability to access or use the service; (B) any conduct of content of any third party on the service, including without limitation, any defamatory, offensive or illegal conduct of other users or third parties; or (C) unauthorized access, use or alteration of your transmission or content. In no event shall SankeyArt GmbH's aggregate liability for all claims relating to SankeyArt Software exceed one hundred U.S. dollars (U.S. $100.00).

6.2 If we cause damage to you and you're a consumer in the EEA, the above doesn’t apply. Instead, SankeyArt GmbH's liability will be limited to foreseeable damages arising due to a breach of material contractual obligations typical for this type of contract. SankeyArt GmbH isn’t liable for damages that result from a non-material breach of any other applicable duty of care. This limitation of liability won’t apply to any statutory liability that cannot be limited, to liability for death or personal injury caused by our negligence or willful misconduct, or if and to exclude our responsibility for something we have specifically promised to you.

7. Arbitration

For any dispute you have with SankeyArt GmbH, you agree to first contact us and try to resolve the dispute with us informally. If we need to contact you, we will do so at the email address on your SankeyArt Software account. If SankeyArt GmbH hasn’t been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms through binding arbitration.

8. Governing law

These terms shall be govered by the laws of Germany. The German courts in Bremen shall have exclusive jurisdiction over any claim arising under the Terms.

9. General terms

9.1 Notification procedures and changes to these Terms

We reserve the right to determine the form and means of providing notifications to you, and you agree to receive legal notices electronically if that’s what we decide. We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our discretion, is material, we’ll notify you. By continuing to access or use SankeyArt Software after revisions become effective, you agree to be bound by the new Terms. If you don’t agree to the new terms, please stop using SankeyArt Software.

9.2 Assignment

9.2.1 These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by SankeyArt GmbH without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

9.2.2 If you’re a consumer in the European Economic Area, either you or SankeyArt GmbH may assign this agreement, and any rights and licences granted under it, to a third party. In case of such an assignment by SankeyArt GmbH, you are entitled to terminate the agreement with immediate effect by deactivating your account. SankeyArt GmbH will provide you with reasonable notice of any such assignment.

9.3 Entire agreement/severability

These Terms, together with the Privacy Policy and any amendments and any additional agreements you may enter into with SankeyArt GmbH shall constitute the entire agreement between you and SankeyArt GmbH concerning SankeyArt Software. If any provision of these Terms is deemed invalid, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.

9.4 No waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and SankeyArt GmbH's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.