Terms and Conditions
Sankey Solutions LLC offers a visualization software as a service (SaaS; "Sankey Solutions Software").
These terms and conditions ("Terms") outline the rules and regulations for the use of Sankey Solutions LLC's software, website, and APIs, located at https://sankeysolutions.io.
By accessing this website, we assume you accept these terms and conditions. Do not continue to use Sankey Solutions if you do not agree to take all of the terms and conditions stated on this page. These terms and conditions constitute a legally binding agreement between you (either an individual or a single entity, "You" or "the User") and Sankey Solutions LLC.
1. Software and Business Model
1.1 Sankey Solutions Software helps you visualize financial statements and any other type of data interconnectedness with Sankey diagrams.
1.2 We offer our software as a service using a freemium model: Basic functionality is offered free of charge while advanced functionality is available through paid subscriptions.
1.3 We license our software to companies, organizations (business-to-business; B2B), and individual consumers (B2C).
1.4 Extensions and add-ins
These Terms also govern the use of any integrations, extensions, or plugins provided by Sankey Solutions LLC, including but not limited to our coming PowerPoint add-in. They also apply to any future integrations we may offer with other software, platforms, or services. Use of such integrations is subject to the same licensing, payment, and usage terms as the Sankey Solutions Software unless otherwise specified.
2. Sankey Solutions LLC 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 Sankey Solutions LLC. You may only use the websites and services as expressly authorized by us and as set forth in these 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 Unless you notify us in writing, 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 Sankey Solutions LLC 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, Sankey Solutions LLC 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. Subscription plans
3.1 Subscription plans: Sankey Solutions Software is ordered online and provided on a subscription basis in different plans as described by the price lists available at sankeysolutions.io/pricing/ and as applicable at the time the subscription is ordered.
3.2 Term: Sankey Solutions LLC offers just one term option: 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.
3.3 Fee: Depending on the agreed subscription plan, the User has to pay to Sankey Solutions LLC a monthly or annual subscription fee at the beginning of each term.
3.4 Price increases: Sankey Solutions LLC is entitled to adjust its list prices to compensate personnel cost or other cost increases annually in an appropriate amount. Sankey Solutions LLC 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 50% 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.
3.5 Plan upgrades and downgrades: The User can switch between the offered plans of the Sankey Solutions Software. Sankey Solutions LLC 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 3.2 shall apply accordingly. For the avoidance of doubt, the customer is not entitled to a refund, including partial (pro rata) refunds.
3.6 Plan change: Sankey Solutions LLC may make available to the User different plans of the Sankey Solutions 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 3.5, in which case Sankey Solutions LLC shall confirm the relevant process for either upgrading or downgrading plans.
3.7 Refunds: Please note that subscription payments are non-refundable once processed.
3.8 Termination by Sankey Solutions LLC: We may terminate or suspend your right to access or use Sankey Solutions Software for any reason on appropriate notice. We may terminate or suspend your access immediately and without notice if we have a good reason.
4. Disclaimers
4.1 Our Software, services, and all content on sankeysolutions.io is provided on an "as is" basis without warranty of any kind, whether express or implied.
4.2 Sankey Solutions LLC 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.
4.3 Sankey Solutions Software allows you to create and post Sankey diagrams. Anything that you post or otherwise make available on sankeysolutions.io is referred to as "User Content". Sankey Solutions LLC 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.
4.4 To the maximum extent permitted by applicable law, we exclude all representations, warranties, and conditions relating to our website and the use of this website. Nothing in this disclaimer will:
Limit or exclude our or your liability for death or personal injury;
Limit or exclude our or your liability for fraud or fraudulent misrepresentation;
Limit any of our or your liabilities in any way that is not permitted under applicable law; or
Exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort, and for breach of statutory duty.
5. Content liability
5.1 To the maximum extent permitted by law, Sankey Solutions LLC 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 Sankey Solutions LLC's aggregate liability for all claims relating to Sankey Solutions Software exceed one hundred U.S. dollars (U.S. $100.00).
5.2 If we cause damage to you and you're a consumer in the EEA, the above doesn't apply. Instead, Sankey Solutions LLC's liability will be limited to foreseeable damages arising due to a breach of material contractual obligations typical for this type of contract. Sankey Solutions LLC 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 to exclude our responsibility for something we have specifically promised to you.
5.3 We shall not be held responsible for any content that appears on your Website. You agree to protect and defend us against all claims that are raised on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene, or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.
6. Arbitration
6.1 For any dispute you have with Sankey Solutions LLC, 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 Sankey Solutions Software account. If Sankey Solutions LLC 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.
7. Governing Law
7.1 These terms and conditions shall be governed by the laws of Georgia, USA. The American courts in Atlanta shall have exclusive jurisdiction over any claim arising under the Terms.
8. General Terms
8.1 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. Once a revision occurs, the previous versions will be made available at www.sankeysolutions.io/terms-version-archive/. If a revision, in our discretion, is material, we'll notify you. By continuing to access or use Sankey Solutions 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 Sankey Solutions 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 Sankey Solutions LLC 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 Sankey Solutions LLC may assign this agreement, and any rights and licenses granted under it, to a third party. In case of such an assignment by Sankey Solutions LLC, you are entitled to terminate the agreement with immediate effect by deactivating your account. Sankey Solutions LLC 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 Sankey Solutions LLC shall constitute the entire agreement between you and Sankey Solutions LLC regarding your use of the Sankey Solutions 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 Sankey Solutions LLC's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
10. Cookies
10.1 The website uses cookies to help personalize your online experience. By accessing Sankey Solutions, you agreed to use the required cookies.
10.2 A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you and can only be read by a web server in the domain that issued the cookie to you.
10.3 We may use cookies to collect, store, and track information for statistical or marketing purposes to operate our website. You have the ability to accept or decline optional Cookies. There are some required Cookies that are necessary for the operation of our website. These cookies do not require your consent as they always work. Please keep in mind that by accepting required Cookies, you also accept third-party Cookies, which might be used via third-party provided services if you use such services on our website, for example, a video display window provided by third parties and integrated into our website.
11. License
11.1 Unless otherwise stated, Sankey Solutions LLC and/or its licensors own the intellectual property rights for all material on Sankey Solutions. All intellectual property rights are reserved. You may access this from Sankey Solutions for your own personal use subjected to restrictions set in these terms and conditions.
11.2 You must not:
Copy or republish material from Sankey Solutions
Sell, rent, or sub-license material from Sankey Solutions
Reproduce, duplicate or copy material from Sankey Solutions
Redistribute content from Sankey Solutions
11.3 This Agreement shall begin on the date hereof.
11.4 Parts of this website offer users an opportunity to post and exchange opinions and information in certain areas of the website. Sankey Solutions LLC does not filter, edit, publish or review Comments before their presence on the website. Comments do not reflect the views and opinions of Sankey Solutions LLC, its agents, and/or affiliates. Comments reflect the views and opinions of the person who posts their views and opinions. To the extent permitted by applicable laws, Sankey Solutions LLC shall not be liable for the Comments or any liability, damages, or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.
11.5 Sankey Solutions LLC reserves the right to monitor all Comments and remove any Comments that can be considered inappropriate, offensive, or causes breach of these Terms and Conditions.
11.6 You warrant and represent that:
You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
The Comments do not invade any intellectual property right, including without limitation copyright, patent, or trademark of any third party;
The Comments do not contain any defamatory, libelous, offensive, indecent, or otherwise unlawful material, which is an invasion of privacy.
The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
11.7 You hereby grant Sankey Solutions LLC a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats, or media.
12. Hyperlinking to our Content
12.1 The following organizations may link to our Website without prior written approval:
Government agencies;
Search engines;
News organizations;
Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
System-wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.
12.2 These organizations may link to our home page, to publications, or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement, or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party's site.
12.3 We may consider and approve other link requests from the following types of organizations:
Commonly-known consumer and/or business information sources;
Dot.com community sites;
Associations or other groups representing charities;
Online directory distributors;
Internet portals;
Accounting, law, and consulting firms; and
Educational institutions and trade associations.
12.4 We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of Sankey Solutions LLC; and (d) the link is in the context of general resource information.
12.5 These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement, or approval of the linking party and its products or services; and (c) fits within the context of the linking party's site.
12.6 If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to Sankey Solutions LLC. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.
12.7 Approved organizations may hyperlink to our Website as follows:
By use of our corporate name; or
By use of the uniform resource locator being linked to; or
Using any other description of our Website being linked to that makes sense within the context and format of content on the linking party's site.
No use of Sankey Solutions LLC's logo or other artwork will be allowed for linking absent a trademark license agreement.
13. Reservation of Rights
13.1 We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.
14. Removal of links from our website
14.1 If you find any link on our Website that is offensive for any reason, you are free to contact and inform us at any moment. We will consider requests to remove links, but we are not obligated to or so or to respond to you directly.
14.2 We do not ensure that the information on this website is correct. We do not warrant its completeness or accuracy, nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.