Terms of Service

Last Updated: 27 August 2024

These Terms govern your access to and use of the products and services we provide through OpenGraph.xyz. 

Please read these Terms carefully before accessing or using OpenGraph.xyz Services. By accessing or using any part of OpenGraph.xyz Services, you agree to be bound by all of the Terms and all other operating rules, policies, and procedures that we may publish via the Services from time to time (collectively, the “Agreement”). You also agree that we may automatically change, update, or add on to OpenGraph.xyz Services, and the Agreement will apply to any changes.

1. Who’s Who

OpenGraph.xyz (“OpenGraph,” “OpenGraph.xyz,” “us,” “we” or “our”) provides a cloud-based Service to users who have OpenGraph accounts (“users”) through its web site located at https://www.opengraph.xyz, subject to these Terms.

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

2. Your Account

In order to use OpenGraph Services, you must first create an account through our online registration system including the creation of a username and password. 

By creating an account you agree to provide us with complete and accurate information and to keep the information current so that we can communicate with you about your account. We may need to send you emails about notable updates, like changes to our Terms of Service or Privacy Policy. We may limit your access to OpenGraph Services until we’re able to verify your account information. 

When you create a OpenGraph account, we consider that to be an inquiry about our products and services, which means that we may also contact you to share more details about what we have to offer. If you are not interested, you can opt out of these marketing communications. You are solely responsible and liable for all activity under your account. You are also fully responsible for maintaining the security of your account (which includes keeping your password secure). We are not liable for any acts or omissions by you, including any damages of any kind incurred as a result of your acts or omissions. Do not share or misuse your access credentials. Notify us immediately of any unauthorized uses of your account or of any other breach of security. If we believe your account has been compromised, we may suspend or disable it.

If you’d like to learn about how we handle the data you provide us, please see our Privacy Policy.

3. Minimum Age Requirements

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

4. Responsibility of Users

We have not reviewed, and cannot review, all of the Content uploaded, displayed, shared, sold or stored by OpenGraph users on their websites through our Services. We are not responsible for the Content or any effects of Content on websites using OpenGraph Services. So, for example:

1. We do not have any control over the websites of users of OpenGraph Services.
2. Any OpenGraph attributional text or link on a user’s website does not represent or imply that we endorse the website.
3. We do not endorse any Content or represent that Content is accurate, useful, or not harmful. Content could be offensive, indecent, or objectionable; include technical inaccuracies, typographical mistakes, or other errors; or violate or infringe the privacy, publicity rights, intellectual property rights, or other proprietary rights of third parties.
4. OpenGraph Users are fully responsible for the Content available on their websites, and any harm resulting from that Content. It is expressly the user’s responsibility to ensure that their website’s Content abides by applicable laws and by the Agreement.
5. We are not responsible for any harm resulting from anyone’s access to, use, purchase, or downloading of Content on any website which belongs to a user of our Services. You are responsible for taking the necessary precautions to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.
6. Content offered for sale through any website which belongs to a user of our Services is the seller’s sole responsibility.
7. We are not a party to, and will have no responsibility or liability for, any communications, transactions, interactions, or disputes between users of OpenGraph Services and third-parties.

5. Fees, Payment, and Renewal

Fees for Paid Services. Some plans for OpenGraph Services are offered on a subscription basis for a fee. The payment plans offered for OpenGraph Paid Services include monthly or annual recurring fees. By selecting a monthly or annual subscription plan for a Paid Service, you agree to pay the specified fees by credit or debit card,  and to update your payment information if any changes occur throughout the subscription term. By providing your credit or debit card information, you represent that the information is accurate and that you are authorized to use the card. You further represent that you permit OpenGraph to charge the subscription fee corresponding to your selected plan in the automatically-renewing interval (monthly or annually), through a third-party payment processor, on a pre-pay basis for the term of your subscription and any subsequent renewals. You can cancel at any time by contacting us through the chat function in your OpenGraph user dashboard.

Taxes. To the extent permitted by law, or unless explicitly stated otherwise, all fees do not include applicable federal, provincial, state, local or other governmental sales, value-added, goods and services, harmonized or other taxes, fees, or charges (“Taxes”). You are responsible for paying all applicable Taxes relating to your use of paid OpenGraph Services. 

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

Automatic Renewal. To ensure uninterrupted service, Paid Services are automatically renewed. This means that unless you cancel a Paid Service subscription before the end of the applicable period, it will automatically renew, and you authorize us to use any payment mechanism we have on record for you or invoice you (in which case payment is due within 15 days) to collect the then-applicable subscription fee as well as any Taxes. By default, your Paid Services will be renewed for the same interval as your original subscription period, so for example, if you select an annual payment option for a OpenGraph plan, you will be charged each year for access for another 12-month period. We may charge your account up to one month before the end of the subscription period to make sure billing issues don’t inadvertently disrupt your access to OpenGraph Services. The date for the automatic renewal is based on the date of the original purchase and cannot be changed. You’ll need to check your email (including in spam or other filters) for any reminder emails we might send you before your Paid Services renew.

For any questions about subscription management please consult the OpenGraph support team. 

Cancelling Automatic Renewal. You can manage and cancel your Paid Services by contacting us through the chat in your OpenGraph account dashboard. 

Fees and Changes. We may change our fees at any time in accordance with these Terms and requirements under applicable law. This means that we may change our fees going forward, start charging fees for Services that were previously free, or remove or update features or functionality that were previously included in the fees. If you don’t agree with the changes, you must cancel your Paid Service.

Refunds. We may have a refund policy for some of our Paid Services, and we’ll also provide refunds if required by law. In all other cases, there are no refunds and all payments are final.

6. Feedback

We love hearing from you and are always looking to improve OpenGraph Services. When you share comments, ideas, or feedback with us, you agree that we are free to use them without any restriction or compensation to you.

7. General Representation and Warranty

Our OpenGraph Software is designed to enhance your ability to create, edit, and manage dynamic open graph images for effective online sharing and presentation. While we encourage creativity and innovation, it is essential to adhere to the following terms:

1. Adherence to This Agreement: All activities conducted through our OpenGraph Software must strictly comply with this Agreement.
2. Legal and Regulatory Compliance: Ensure all actions comply with relevant laws and regulations, including online conduct, acceptable content, privacy, data protection, and the transmission of data exported from your country of residence.
3. Prohibition of Unlawful Use: The software must not be used for illegal purposes, to publish illegal content, or to promote illegal activities.
4. Intellectual Property Respect: Ensure that your use does not infringe or misappropriate any intellectual property rights, whether belonging to OpenGraph, third parties, or otherwise.
5. System Integrity: Your usage should not overburden or interfere with our systems or impose an unreasonably large load on our infrastructure, as solely determined by us.
6. Privacy Protection: Personal information of others must not be disclosed without proper authorization.
7. No Spam or Bulk Messages: The software should not be used to send spam or bulk unsolicited messages.
8. Network and Service Respect: Avoid any actions that interfere with, disrupt, or attack any service or network.
9. No Malware or Harmful Code Creation: Do not use the software to create, distribute, or enable malicious programs or code like malware, spyware, or adware.
10. Prohibition of Reverse Engineering: Avoid reverse engineering, decompiling, disassembling, deciphering, or attempting to derive the source code for the Services or any related technology, unless it is open source.
11. Restrictions on Redistribution: The software, or any data related to it, should not be rented, leased, loaned, sold, or resold without our express consent.

8. Specific Service Terms

OpenGraph Software offers a versatile range of plans: a basic free version, a professional plan, and an enterprise plan, each designed to cater to different user needs and feature requirements.

1. Free Version: Our free version is available without the need for an account, allowing users to familiarly interact with and utilize basic Open Graph image creation and editing features. This version is ideal for those with limited needs or for getting acquainted with our software's capabilities. Please note that the free version is limited to one per individual or organization and is provided at OpenGraph Software's discretion. We reserve the right to block or delete any free version usage that appears to be duplicative or in violation of our terms of service.
2. Professional and Enterprise Plans: For access to advanced features, including additional customization options, enhanced storage, and multi-user functionality, an account is required. These paid plans are designed for users seeking more robust and comprehensive tools for their OpenGraph needs.
3. Content Ownership and Responsibility: Users retain ownership of content created, uploaded, or shared through OpenGraph Software. However, users are responsible for ensuring that their content complies with all applicable laws and regulations, as detailed in Section 7 of the Agreement.
4. Content Removal: In the event that content is deleted by a user, OpenGraph Software will endeavor to remove it from public or authorized view as promptly as possible. However, users should be aware that cached versions or references to the content may not be immediately inaccessible.
5. Attributions: OpenGraph Software may include attribution text or links in the Open Graph image output for users on the free version. Removal of these attributions is a feature available in our paid professional and enterprise plans.

9. Fair Use Policy

9.1. Purpose

This Fair Use Policy is designed to prevent abuse, fraud, or excessive use that could negatively impact the OpenGraph.xyz platform or other users' experience. It applies to all users of OpenGraph.xyz services, regardless of the plan or subscription type.

9.2. Reasonable Use

1. OpenGraph.xyz expects users to employ our services for reasonable business or personal use, consistent with the typical usage patterns of our user base.
2. While we do not impose hard limits on usage for most of our plans, we monitor usage patterns to ensure they align with reasonable use expectations.

9.3. Excessive Use

Excessive use is defined as usage that significantly exceeds the average usage of other users on the same plan or that places undue stress on our systems.

Examples of excessive use may include, but are not limited to:

1. Generating an unusually high number of Open Graph images compared to the plan's intended capacity.
2. Performing automated bulk operations that create abnormal load on our servers.
3. Any usage pattern that negatively impacts the performance or availability of the service for other users.

9.4. Monitoring and Enforcement

OpenGraph.xyz reserves the right to monitor usage to identify any practices that may violate this Fair Use Policy. If we determine that a user's usage is excessive or abusive, we may take one or more of the following actions:

1. Contact the user to discuss their usage and potential solutions.
2. Require the user to upgrade to a higher-tier plan that better suits their usage needs.
3. Implement technical measures to limit excessive use.
4. Suspend or terminate the user's access to OpenGraph.xyz services.

9.5. Custom Solutions

Users with high-volume needs that exceed our standard plans are encouraged to contact us to discuss custom enterprise solutions. We are committed to working with users to find appropriate solutions that meet their needs while ensuring the overall health and performance of our platform.

9.6. Changes to Fair Use Policy

OpenGraph.xyz reserves the right to modify this Fair Use Policy at any time. Changes will be communicated to users and posted on our website. Continued use of OpenGraph.xyz services after changes to the Fair Use Policy constitutes acceptance of the updated policy.

By using OpenGraph.xyz services, you agree to comply with this Fair Use Policy. If you have any questions or concerns about this policy or your usage, please contact our support team.

10. Copyright Infringement and DMCA Policy

As we ask others to respect our intellectual property rights, we respect the intellectual property rights of others. If you believe any Content displayed on a third-party website using OpenGraph Services violates your copyright, please contact the owner of the website directly. If the need arises to contact us directly about intellectual property rights, you can reach us at dmca@opengraph.xyz

11. Intellectual Property

The Agreement does not transfer any OpenGraph or third-party intellectual property to you, and all right, title, and interest in and to such property remains (as between OpenGraph and you) solely with OpenGraph. OpenGraph and all other trademarks, service marks, graphics, and logos used in connection with our website or Services are trademarks or registered trademarks of Enter.nl B.V. Other trademarks, service marks, graphics, and logos used in connection with OpenGraph Services may be the trademarks of other third parties. Using OpenGraph Services does not grant you any right or license to reproduce or otherwise use any OpenGraph or third-party trademarks.

12. Changes

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

13. Termination

We may terminate your access to all or any part of OpenGraph Services at any time, with or without cause, with or without notice, effective immediately. We have the right (though not the obligation) to, in our sole discretion, (i) refuse or remove any content that, in our reasonable opinion, violates the Agreement or any OpenGraph policy, or is in any way harmful, or (ii) terminate or deny access to and use of any of OpenGraph Services to any individual or entity for any reason. We will have no obligation to provide a refund of any fees previously paid.

You can stop using OpenGraph Services at any time, or, if you use a Paid Service, you can cancel at any time, subject to the Fees, Payment and Renewal section of the Agreement

14. Disclaimers

OpenGraph Services are provided “as is.” OpenGraph and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither OpenGraph, nor its suppliers and licensors, makes any warranty that OpenGraph Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you obtain content or services through OpenGraph Services at your own discretion and risk.

15. Jurisdiction and Applicable Law

Except to the extent any applicable law provides otherwise, the Agreement and any access to or use of OpenGraph Services will be governed by the laws of the Netherlands. The proper venue for any disputes arising out of or relating to the Agreement and any access to or use of OpenGraph Services that are not otherwise subject to arbitration (as indicated below) will be the courts located in the Netherlands.

16. Limitation of Liability

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

17. Indemnification

You agree to indemnify and hold harmless OpenGraph, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all losses, liabilities, demands, damages, costs, claims, and expenses, including attorneys’ fees, arising out of or related to your use of OpenGraph Services, including but not limited to your violation of the Agreement or any agreement with a provider of third-party services used in connection with OpenGraph Services.

18. Data Processing Agreement

If you need a data processing agreement (DPA) with us for the GDPR requirements that apply to us as a data processor for your website, please contact us.

19. Translation

The Agreement was originally written in English (US). We may translate the Agreement into other languages, and in the event of a conflict between a translated version of the Agreement and the English version, the English version will control.

20. Miscellaneous

The Agreement (together with any other terms we provide that apply to any specific Service) constitutes the entire agreement between OpenGraph and you concerning OpenGraph Services. If any part of the Agreement is unlawful, void, or unenforceable, that part is severable from the Agreement, and does not affect the validity or enforceability of the rest of the Agreement. A waiver by either party of any term or condition of the Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.