Last updated August 12, 2022.
- This website (“Site”) is owned and operated by Cactus Communications Private Limited through its subsidiary Cactus Communications Services Pte. Ltd. including its affiliates. Any references to "we," "us," "our," "I" refer to Cactus Communications Group. The services are wholly offered and provided by Cactus Communications.
- When you access, browse, or use this Site, you accept, without limitation or qualification, the below mentioned terms and conditions and notices stated herein, as updated from time to time (“Terms and Conditions” or “T&Cs”). As long as you comply with the Terms and Conditions, we grant you a non-exclusive, non-transferable, limited right to enter, view, and use this Site. If you do not want to be bound by the T&Cs, you agree to immediately discontinue your use of this Site.
- These T&Cs describe how visitors and users of Mind the Graph (www.mindthegraph.com) are allowed to use the content of the Site and under which conditions they can use the online editor to create its own content.
Purpose of This Site and the Content Therein
- Mind the Graph is a SAAS (Software as a Service) Platform (“Platform”) for academic infographics. The clients can use a vast library of scientific illustrations or request customized ones, which are available as a service included in the subscription.
- All the information presented on this Site (“Content”) is for informational purposes only and does not create a business or professional services relationship between us. A service relationship may be established when you place a request for the services and the same is accepted by us.
- We reserve the right to undertake all necessary steps to ensure that the security, safety, and integrity of our systems as well as its users' interests are and remain, well–protected. Towards this end, we may take various steps to verify and confirm the authenticity, enforceability, and validity of service orders placed by you.
Registration and Account Creation
- You are solely responsible for all access or visitation to, usage of, or activity on, your account/profile including, but not limited to, use of the account/profile by any person who uses your Registration Information, with or without authorization, or who has access to any device on which your account/profile resides or is accessible. You acknowledge and agree that we may, and you specifically authorize us to, process all transactions, including without limitation purchases and/or registration for Products that are initiated by use of your Registration Information.
- The subscription to the Mind the Graph website gives access to a full version of the product, including additional features and an on-demand illustration service. This depends on the type of subscription selected, with different costs. The details about what’s included in each subscription type are available at http://mindthegraph.com/pricing.
- In brief, we offer the “Starter”, “Student”, “Researcher” and “Teams & Labs” versions of the Mind the Graph Platform. The “Starter” version is perfect for an initial experience with the Platform and includes the basic features. The “Student” subscription allows you to edit 2 figures, upload unlimited external files, use up to 10 scientific illustrations in the creations, and request 1 illustration per month to our on-demand service. The “Researcher” subscription allows unlimited edition of figures, unlimited upload of external files, unlimited use of scientific illustrations, request for up to 5 on-demand illustrations per month and have high priority for support. The “Teams & Labs” subscription allows unlimited edition of figures, unlimited upload of external files, unlimited use of scientific illustrations, request up to 50 on-demand illustrations per month, and have high priority for support. It also allows sharing of content as teams. We offer a discounted price for infographic creation in the “Teams & Labs” subscription.
- The delivery time for custom illustrations in individual subscriptions (Student and Researcher) is up to 7 days from the processing date. For Teams & Labs, the schedule will be set between Mind the Graph and subscribers.
- The monthly illustration requests are not cumulative.
- All paid subscriptions include watermark-free downloads, to restore deleted files, high-resolution exports, and the use of templates in the Platform.
Subscription duration and Renewal
- Every subscription can be done with monthly or annual payments, with the same benefits. The only difference between monthly and annual subscriptions it’s the progressive discount in the annual modality. The Monthly subscription is charged every month whereas the Annual subscription is charged every year, always starting at the time of subscription. Therefore, it is considered a pre-payment mechanism that gives access to the Platform for the following subscription period. The renewal is automatic in every subscription. The client will be charged periodically to ensure continuous access to the Platform.
Fees and Payments
- We and third party service providers may charge fees for products, and/or for access to any portion(s) of the service or the service as a whole. You agree to pay all such fees at the rates plus applicable taxes, in effect for the billing period in which such fees and charges are incurred. Unless otherwise specified on the service, all fees will be quoted and charged in U.S. dollars. We and third party service providers reserve the right to change the amount of, or basis for determining, any fees, and to institute new fees.
- If you submit a credit, debit, or payment account number, or other payment information upon registration, at the time of purchase, or otherwise, you authorize, give us and our third party service providers permission, and direct us and our third party service providers to retain such information and to charge all fees to such payment method.
- We may charge fees in advance and on a monthly, yearly, lump sum, or other basis. All fees are due promptly and, unless otherwise indicated, are non-refundable. You must notify us about any billing problems or discrepancy within seven (7) days after they first appear on your statement; otherwise, you waive any right to challenge or dispute such problem or discrepancy.
- You are responsible for obtaining and maintaining at your own expense all equipment, hardware, software, and telephone, cable, mobile, wireless, internet and other services necessary to access, visit and/or use the service. If you are accessing the service via a mobile device, your mobile carrier may charge you fees for data, text messaging, and other mobile access or communications services.
- If the client doesn’t want to continue using the Platform, he or she can decide to cancel the subscription to avoid being charged in the forthcoming period. The canceled subscription does not mean an immediate block to the Platform; instead, one will still be able to use the Platform normally until the end of the current period. If the subscription is NOT canceled, it will be renewed automatically every period. It is our policy to not refund users that simply forget to cancel. Our payment system is designed to prevent the occurrence of systematic mistakes and we will always dedicate our best efforts to solve any question that eventually happens. Refunds will be granted in case of duplicated payment or subscription, in case of charging a subscription when the client already canceled it before the renewal period, or in any reasonable situation. We will not refund a subscription due to an incomplete cancellation process and/or when the client forgot to cancel in due time for any reason. Any special case will be evaluated by the customer success team and communicated accordingly.
- In case of PayPal cancelation, the client’s subscription will end immediately and the remaining subscription period, if any, will expire without any refund for the same.
Termination or Suspension
- We reserve the right, in addition to our other remedies, to terminate, discontinue, suspend and/or restrict the service, your account/profile, your ability to access, visit and/or use the service or any portion thereof (including any Product or Content), including without limitation any of our purported obligations hereunder, for any or no reason, with or without notice. In the event of any termination or discontinuation of your account/profile, your ability to access, visit and/or use the service or any portion thereof (including any Product or Content), we reserve the right, in addition to our other remedies, to reassign, and/or allow another user to use, your account/profile credentials, including without limitation any password and/or User ID.
- Even if the service, your ability to access, visit and/or use the service or any portion thereof (including any Product or Content), is terminated, discontinued, suspended or restricted, by you or by us, we have no obligation to (but we may in our discretion) remove any Content, and therefore copies of all information with regard to your account/profile and/or Content you may have posted, uploaded, transmitted, sent or otherwise made available on or through the service, may be retained and/or remain viewable by us, third party service providers and/or other third parties, including other users. Nevertheless, we have no obligation to retain, store, or provide you with any information with regard to your account/profile and/or Content you may have posted, uploaded, transmitted, sent or otherwise made available on or through the service.
- The Content presented on this Site (including but not limited to text, design, software, graphics, audio, video, HTML code, software, source code and data) is protected by copyright law, patent law, trademark law, and other applicable intellectual property laws and is the exclusive property of us. You agree to follow all instructions on this Site limiting the way you may use the Content.
- We reserve all rights to this Site and its Content. This Content may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way whatsoever, without our prior written consent. You may use the Content for your limited personal and non-commercial purposes in accordance with applicable law governing intellectual property rights. You may download and print one copy of any Content expressly specified as available for download solely for your personal, non-commercial use. Provided however, that you hereby agree not to modify the Content so downloaded, in any way whatsoever and that you shall not alter any copyright, trademark, and other proprietary notices or symbols attached/affixed to such Content. Any other use or modification of the Content without our prior written authorization is expressly prohibited.
- Trademarks, logos, and service marks displayed on this Site are our sole and exclusive property. Nothing contained in this Site shall be construed as conferring any license or right to any copyright, trademark, logo, service mark, or other proprietary interest of us or any third party.
Creative Commons License
- The content stored in and created with mindthegraph.com is available under a free culture Creative Commons license. Free users are allowed to publicly present the infographics created with the Mind the Graph editor and use the illustrations available on the website, provided with Mind the Graph watermark logo is kept in the image, as exported via the website. Modifications on prior work may also be performed, if you agree to also share the modified work. By using the website, you also allow other Mind the Graph users to use your illustrations and create upon them, under the same terms. This is known in the CC community as "attribution share-alike 4.0 licensing". More details about this license can be found at http://creativecommons.org/licenses/by-sa/4.0/.
- Subscribers are entitled to full rights to their creations and are recognized as authors, keeping their rights and ability to transfer authorial rights to third-party publishers without previous consult with Mind the Graph. They can also perform public presentations of the pictures at their own discretion.
Characteristics of the Creative Commons license used for free users
- Attribution — You must give appropriate credit, provide a link to the license, and indicate if changes were made. You may do so in any reasonable manner, but not in any way that suggests the licensor endorses you or your use. We suggest that the published material mentions the following sentence “Figure created in the Mind the Graph Platform, available at www.mindthegraph.com” in the appropriate section of your paper, class, or conference talk, whenever possible.
- ShareAlike — If you remix, transform, or build upon the material, you must distribute your contributions under the same license as the original.
- No additional restrictions — You may not apply legal terms or technological measures that legally restrict others from doing anything the license permits.
- Users are free to enter our site and export the infographics to:
- Share — copy and redistribute the material in any medium or format
- Adapt — remix, transform, and build upon the material for any purpose, even commercially.
- The licensor cannot revoke these freedoms as long as you follow the license terms.
- The content created in Mind The Graph is considered private and restricted use by its creator.
- To make the content public, the user must share the creation with other selected users with the Share Creation feature, or share the creation URL (available only to the content creator user), or if the content is published by journals or another public medium.
- You own the copyrights of the source material you provide us for availing the services and have authorized us to use the source material for rendering the services envisaged by you from us.
- In cases where the copyrights are not owned by you or you do not have the necessary rights to authorize us to use the source material, you undertake to obtain necessary permissions on behalf of us and to authorize us to make use of such source material.
- You agree to indemnify us in case any third party claims infringement of Copyright in the final product created by us or any other third party claims resulting out of breach of these Terms & Conditions by you.
- You hereby agree that access to certain areas of this Site may be available only to registered users. To become a registered user, you may be required to provide us certain information. You hereby represent and warrant that all information supplied to the Site is true, complete, and accurate.
User generated content
- Mind the Graph user can assemble and/or create visual information in the Platform using the digital tools and assets provided (“User-generated content”). This includes, but it’s not restricted to the files voluntarily uploaded by the user on the Platform and/or accessed in any form via service integration with image banks, video banks, or any other form of content accessed by the user through the Platform and used in the composition of images, slides, infographics, and presentations. Content uploaded and/or created by the user is stored in our data bank and is accessible by Mind the Graph, if necessary. No sensitive confidential data should be uploaded or used in the slides without clear intention to do so, under the possibility that is eventually seen by any of the company employees. While technically able to visualize user-generated content, the company has no intention and/or practice to screen the content, nor does it endorse in any form the generated content.
- If you provide any feedback or suggestion to Mind the Graph or its related services, you acknowledge that the content is not confidential and you authorize the company to use it at its own discretion, without any notification or compensation of any sort. For the purpose of this document, feedback and any communication via the Platform is considered user-generated content. Irrespective of any of the above, you keep the property and rights on any asset, image, or content used in the Platform that you already owned before.
Access to Youtube API and third-party content
Use of the Site
- You hereby agree not to use contact information provided on the Site for any unauthorized purposes, including but not limited to marketing. You shall not use any hardware or software intended to damage or interfere with the proper working of the Site or to surreptitiously intercept any system, data, personal information, or Content on the Site. You agree not to interrupt or attempt to interrupt the operation of the Site in any manner whatsoever. We hereby reserve the right, in our sole discretion, to limit or terminate your access to or use of the Site at any time without notice to you.
- You agree and undertake to use the Site appropriately. By way of example, and not as a limitation, you agree and undertake that when using the Site, you will not:
- Upload source files that infringes any patent, trademark, copyright, or other proprietary/intellectual property rights of another person or Post information that belongs to another person and to which you do not have any rights to;
- Upload source files that contain viruses, Trojan horses, worms, keystroke loggers, spyware, adware or corrupted files, or any other computer code, files or programs designed to interrupt, destroy, harm, or limit the functionality of the Site or another user's computer, computer system/network/database or user’s data or software;
- Post information that harms minors
- stalk, or otherwise violate the legal rights of other users
- Post information that infringes any patent, trademark, copyright, or other proprietary/intellectual property rights of another person or Post information that belongs to another person and to which you do not have any rights to
- Post files that contain viruses, trojan horses, worms, keystroke loggers, spyware, adware or corrupted files, or any other computer code, files or programs designed to interrupt, destroy, harm, or limit the functionality of the Site or another user's computer, computer system/network/database or user’s data or software;
- conduct or forward surveys, contests, pyramid schemes, or chain letters on the Site;
- download any file Posted by another user that you know, or reasonably should know, cannot be legally distributed in such a manner;
- Post any information that deceives or misleads the addressee about the origin of such messages or impersonates another person or communicates any information that is grossly offensive or menacing in nature;
- violate any applicable laws or regulations for the time being in force; or
- make the Site available over a network where it could be used by multiple devices or multiple users at the same time.
- You shall be solely responsible for complying with the laws of the country from which you are accessing this Site and you agree that you will not access or use the information on this Site in violation of such laws. In addition, you may not use this Site:
- In a way that breaches any applicable local, national, or international law or regulation;
- In a way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect; or
- reject a user from registering on the Site without assigning any reason thereof;
- To transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other similar form of solicitation (spam) or any material that you are not authorized to use, disclose, distribute, or share.
- You guarantee, warrant, and certify that you are the owner of the content that you Post on the Site (“User Content”) or are otherwise authorized to use the User Content and that the User Content does not infringe upon the property rights, intellectual property rights, or any other rights of any other person. You further warrant that to your knowledge, no action, suit, proceeding, or investigation has been instituted or threatened relating to any User Content, including trademark, trade name service mark, and copyright formerly or currently used by you in connection with the User Content.
- You hereby agree that access to certain areas of this Site may be available only to registered users. To become a registered user, you may be required to answer certain questions and provide some personal information. Answers to such questions may be mandatory and/or optional. You hereby represent and warrant that all information supplied to the Site is true, complete, and accurate.
- You hereby acknowledge and agree that we reserve the right to:
- limit, deny, or restrict the use or access to the Site in entirety or certain portions of the Site to specific users, including yourself, at our sole discretion;
- reject a user from registering on the Site without assigning any reason thereof;
- suspend/cancel/deactivate any user’s account/registration for any reason that we shall deem fit, or
- delete, edit, or move any Content Posted on the Site for any reason whatsoever.
- Use your name, logo or any other trademark for marketing and promotional activities if you have availed any service(s) from our Site. Such usage shall be in a manner that does not derogate your rights in your trademarks, names and logos by us.
- Use your source files uploaded on this Platform to analyze, enhance or develop and build services, tools and systems for customers benefits
- We shall maintain complete confidentiality of source files. All our vendors are contractually obliged to maintain strict confidentiality of user data and have agreed not to disclose such confidential information to unauthorized persons. Access to the user data is limited to the person who is in charge or required to work on the document. We also assure compliance with applicable laws concerning the protection of personal information and promise to handle Customer's personal information with great care.
Breach of T&Cs
- When a breach of these T&Cs has occurred, we may take all or any of the following actions or any such action as it deems appropriate, including but not limited to the following:
- Immediate, temporary, or permanent withdrawal of your right to use the Site;
- Issuance of a warning to you;
- Initiation of legal proceedings against you for reimbursement of all resulting costs and expenses suffered by us on an indemnity basis (including but not limited to reasonable administrative and legal costs); and
- Disclosure of such information to law enforcement authorities as is reasonably necessary.
- We hereby expressly disclaim all liability for any and all actions taken by us in response to a breach of the T&Cs committed by you.
- Unless otherwise explicitly agreed in writing, we neither warrant nor make any representations regarding the quality, accuracy, or completeness of any Content on the Site. In no event shall we or any of our employees, directors, shareholders, or representatives be liable for any direct, indirect, punitive, incidental, special, consequential damages, or for any lost profits or revenues, business interruption, loss of data, or any other damages resulting from: (a) the use or the inability to use the Site or reliance on any Content contained in this Site; (b) unauthorized access to or alteration of the user's transmissions or data; (c) damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Site; (d) any delay or inability to use the Site or related services provided on the Site; (e) non-availability of the Site during periodic maintenance operations or any unplanned suspension of access to the Site that may occur due to technical reasons or for any reason beyond our control; (f) any interruption or delay in provisions of any services or access to this Site, due to any force majeure event beyond our reasonable control, including but not limited to acts of God, flood, fire, blockades, riots, embargoes, government actions, regulatory sanctions, power outages, unavailability or non-functioning of payment gateway services, disruption of communication services in any country or area, etc. (g) any other matter relating to the Site or the services available on the Site, or otherwise arising out of the use of the Site, whether based on contract, tort, negligence, strict liability, or otherwise.
Changes to the Site and These Terms
- We may alter or modify the features of the Site with respect to different user(s), or change any of the features or introduce new features on the Site without prior notice to any user.
- We reserve the right, at our sole discretion, to change, modify, add, or remove any portion of these T&Cs, in whole or in part, at any time, temporarily or permanently, without notice and without liability, by posting revised terms on the Site. You hereby agree that it is your responsibility to check periodically for any changes made to these T&Cs. Your continued use of the Site after any changes to these T&Cs signifies your acceptance of the updated T&Cs.
- Our Site is not intended for use by individuals under the age of 18 years.
- We do not knowingly or intentionally process the personal information of any individual under the age of 18.
- You must not use our Site, purchase or attempt to purchase any of our products or services, or submit any personal information to us, if you are under the age of 18.
Disclaimers and Limitation of Liability
- Mind the Graph does not guarantee the reliability of the use of materials and information found on its website, nor does it endorse by any means the content created by its users. We cannot guarantee the authenticity of any data which users may publish on the Mind the Graph website. Mind the Graph is not liable for any loss or damages suffered in connection with the use of or exposure to any content available on www.mindthegraph.com or any user-created infographics published, emailed, accessed, transmitted, or otherwise made available via the website. As a website user, you will be solely responsible for any damages or loss to any party resulting from your activities on the website.
- While we will use reasonable efforts to provide reliable Content through this Site, we do not warrant that this Site is free of inaccuracies, errors, and/or omissions. This Site may contain certain historical information, which is provided for your reference only. We reserve the right to modify the Content presented on this Site at any time, without notice to you.
- The Site may contain links to other Sites ("Embedded Sites"). The Embedded Sites are not under our control and we are not responsible for the contents of any Embedded Site, including without limitation any link contained in an Embedded Site, or any changes or updates to an Embedded Site. We are not responsible for any form of transmission, whatsoever, received by you from any Embedded Site. We are providing these links or allowing users to provide you these links only as a convenience, and the inclusion of any link does not imply endorsement by us of the Embedded Sites or of any information contained in the Embedded Site or any association with the operators or owners of the Embedded Site
- You hereby expressly acknowledge that internet transmissions are never completely private or secure. You understand that any message or information sent by you to us or Posted on the Site may be read or intercepted by others unless there is a special notice that a particular message (for example, credit card information) is encrypted (sent in code). It is expressly clarified that we do not bear any additional responsibility towards you on account of your sending a message to us.
- Without limiting our express warranties and obligations under these terms, we hereby disclaim any and all other warranties, express or implied, including but not limited to warranties of merchantability, title, non-infringement, and fitness for a particular purpose and warranties related to third-party equipment, material, services or software. Except for the express warranties set forth in this section, our services are provided “as is” to the fullest extent permitted by law. To the extent this disclaimer conflicts with applicable law, the scope and duration of any applicable warranty will be the minimum permitted under that law.
- For the avoidance of doubt, it is clarified that except as otherwise expressly provided in these T&Cs, we make no representations, guarantees, or warranties, written or oral, express or implied, to the user or to any other person or entity regarding the services, the Content on the Site, any hardware, or software.
- Should you have any grievance or complaints in relation to your use of the Site, please contact us, at firstname.lastname@example.org, who shall respond to your grievance within 14 days.
Governing Law and Severability