Terms of service

Welcome to GraphFolio, a data analytics subscription platform operated by Infoterra LLP, a limited liability partnership registered in the Republic of Kazakhstan.

These Terms of Service ("Terms") constitute a legally binding agreement between you (the "User," "you," or "your") and Infoterra LLP ("we," "us," "our," or the "Company") governing your access to and use of our website, services, and subscription-based analytical reports (collectively, the "Service").

By accessing, browsing, or using our Service, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy, Refund Policy, and Cookie Policy. If you do not agree to these Terms, you must not access or use our Service.

We reserve the right to modify these Terms at any time. Changes will become effective upon posting to our website. Your continued use of the Service after modifications constitutes acceptance of the updated Terms. We recommend reviewing these Terms periodically.

2.1 Age Requirement

You must be at least 18 years of age or the age of majority in your jurisdiction (whichever is greater) to use our Service. By using our Service, you represent and warrant that you meet this age requirement.

2.2 Parental Responsibility

If you are a parent or legal guardian and believe your child has made an unauthorized purchase using your payment method, contact us immediately at info@graphfolio.com.

2.3 Legal Capacity

By using our Service, you represent that you have the legal capacity to enter into a binding contract and are not prohibited from doing so under any applicable laws.

Our Service is not available to residents of the Republic of Kazakhstan. By using our Service, you represent and warrant that you are not a resident of Kazakhstan.

We reserve the right to verify your residency and to suspend or terminate access if we determine that you are accessing the Service from a restricted jurisdiction.

4.1 Service Overview

GraphFolio is a B2B/B2C subscription platform providing analytical reports and market data covering various commodity sectors, including but not limited to energy, metals, agriculture, and wine markets.

4.2 Subscription Structure

• Access Model: Each subscription grants access to ONE specific commodity report for a period of TWELVE (12) months from the date of activation.
• Price Range: Subscriptions are priced between $300 and $1,300 per report, depending on the report type and license tier.
• Delivery Format: Access to an interactive dashboard, downloadable datasets, and PDF reports.
• Content Updates: Reports are updated approximately quarterly; however, actual update frequency may vary (reports may be updated every 4-6 months). We do not guarantee specific update schedules.

4.3 No Trial Period

We do not offer free trial periods. All subscriptions require payment before access is granted.

4.4 No Automatic Renewal

Subscriptions do NOT automatically renew. Upon expiration of your 12-month subscription period, access to the report will terminate. You must manually purchase a new subscription to regain access.

4.5 No Mid-Term License Upgrades

You cannot upgrade or downgrade your license tier during an active subscription period. License tier changes can only be made when purchasing a new subscription after your current subscription expires.

4.6 Subscription Activation

No subscription is activated until payment is confirmed. Upon successful payment confirmation, you will receive immediate access to your purchased report.

5.1 Account Creation

To purchase and access subscriptions, you must create an account. During registration, you must provide:

• First and last name
• Email address
• Password
• Company name (optional)

5.2 Email Verification

Email verification is required to purchase subscriptions. While you may register an account without verification, you cannot complete a purchase until your email address is verified.

5.3 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized use or security breach

We recommend using a strong, unique password. You agree not to share your account credentials with unauthorized parties.

5.4 Account Information Accuracy

You agree to provide accurate, current, and complete information during registration and to update such information to maintain its accuracy. We reserve the right to suspend or terminate accounts with false, inaccurate, or incomplete information.

5.5 Login Credentials

Access to your account is via email and password. We do not support social media login integrations. Google reCAPTCHA is used for bot protection during registration and login.

6.1 License Tiers

We offer three license tiers for each subscription, all with a 12-month duration:

1. Single User License: Access limited to the primary purchaser only.
2. 3-User License: Primary purchaser plus 2 invited users (3 users total).
3. 10-User License: Primary purchaser plus 9 invited users (10 users total).

6.2 License Sharing Mechanics

• Invitation System: Multi-user licenses operate exclusively through our email invitation system. The primary purchaser can invite additional users by entering their email addresses.
• Account Creation: Each invited user must create their own individual account on our platform.
• No Revocation: The primary purchaser cannot revoke access to invited users during the active subscription period. All invited users retain access until the subscription expires.
• Fixed Allocation: The number of users is fixed at the time of purchase and cannot be changed during the subscription period.

6.3 License Restrictions

• License sharing is limited strictly to the purchased tier (1, 3, or 10 users).
• Sharing access beyond your purchased license tier constitutes a violation of these Terms.
• Each user must access the Service through their own account. Sharing login credentials is prohibited.
• No license tier changes can be made during an active subscription period.

7.1 Permitted Activities

You may use the Service and accessed content for:

• Internal business purposes within your organization
• Citation and reference in publications, reports, or presentations with proper attribution (see Section 8.3)
• Academic research and publications with attribution
• Commercial publications with attribution
• Including limited data excerpts (tables, charts, statistics) in your own reports with proper attribution

7.2 Prohibited Activities

You are expressly prohibited from:

1. Unauthorized Sharing: Sharing access beyond your purchased license tier (e.g., sharing a single-user license with others, or exceeding 3 or 10 users for respective licenses).
2. Reselling or Commercializing Data: Reselling, sublicensing, or commercializing any reports, data, or content obtained from our Service.
3. Data Redistribution: Distributing raw datasets to third parties or making them publicly available (including open-source repositories, free sharing platforms, or public websites).
4. Creating Competing Products: Using our data, reports, or methodologies to create competing analytical products or services.
5. Automated Extraction: Using automated tools, scripts, bots, scrapers, or any automated means to extract, download, or collect data from our platform beyond normal user interaction.
6. Removing Attribution: Removing, obscuring, or altering any attribution, watermarks, copyright notices, or proprietary markings from our content.
7. Fraudulent Activity: Engaging in fraudulent transactions, using stolen payment methods, or providing false information.
8. System Interference: Attempting to interfere with, compromise, or disrupt our Service, servers, or networks.
9. Reverse Engineering: Attempting to reverse engineer, decompile, disassemble, or derive source code from our platform.
10. Unauthorized Access: Attempting to gain unauthorized access to other users' accounts, restricted areas of the platform, or non-public features.

7.3 Enforcement Process

Violations of this Acceptable Use Policy will be addressed according to the following progression:

Step 1 - Warning: First-time minor violations will result in a written warning and a request to cease the violating behavior immediately.

Step 2 - Temporary Suspension: Continued or repeated violations will result in temporary suspension of your account and access to the Service.

Step 3 - Permanent Termination: Persistent violations or failure to comply with warnings will result in permanent account termination without refund.

7.4 Serious Violations - Immediate Termination

The following constitute serious violations and will result in immediate account termination without warning and without refund:

• Fraud or use of unauthorized payment methods
• Reselling or commercializing our data
• Major intellectual property infringement
• Automated large-scale data scraping
• Creating competing products using our data

We reserve the right to pursue legal action and seek damages for serious violations.

7.5 No Refunds for Violations

Users whose accounts are terminated due to violations of these Terms are not entitled to refunds for any unused portion of their subscription.

8.1 Ownership

All reports, data, analyses, methodologies, software, designs, text, graphics, logos, and other content available through our Service (collectively, "Content") are the proprietary intellectual property of Infoterra LLP and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

8.2 Limited License Grant

Subject to your compliance with these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Content solely for your permitted purposes during your active subscription period.

This license automatically terminates upon the expiration or termination of your subscription.

8.3 Attribution Requirements

When citing our data in publications, you must use clear attribution such as "Data source: GraphFolio" or "According to GraphFolio [Report Name]."

Attribution must be:

• Clearly visible in the publication or document
• Accurate in identifying GraphFolio as the source
• Proximate to the cited data (footnote, caption, or inline citation)

Failure to provide proper attribution when using our data constitutes intellectual property infringement.

8.4 Prohibited Use Summary

You may NOT:

• Resell, redistribute, or sublicense our Content
• Make raw datasets publicly available
• Use our Content to develop competing products
• Remove or alter attribution or proprietary notices
• Claim our Content as your own work

8.5 Copyright Infringement

We respect intellectual property rights. If you believe content on our Service infringes your copyright, contact us at info@graphfolio.com with:

• Identification of the copyrighted work
• Identification of the infringing material
• Your contact information
• A statement of good faith belief
• A statement under penalty of perjury of accuracy
• Your physical or electronic signature

9.1 Pricing Display

All prices are displayed in U.S. Dollars (USD) and exclude applicable taxes. The display format is: "$XXX (+ VAT/Sales Tax where applicable)."

9.2 Taxes

Prices do not include value-added tax (VAT), sales tax, or other applicable taxes. All such taxes are calculated and collected by our payment processor, 2Checkout (Verifone), based on your billing address and applicable tax regulations.

9.3 Merchant of Record

2Checkout (Verifone) acts as the Merchant of Record for all transactions. This means:

• 2Checkout is the seller on record for your purchase
• 2Checkout handles all payment processing
• 2Checkout calculates and collects applicable taxes
• 2Checkout generates and sends invoices to purchasers

9.4 Payment Processing

We accept payment methods supported by 2Checkout, including major credit cards and alternative payment methods. All payment information is processed securely by 2Checkout. We do not store payment card information on our servers.

9.5 Invoicing

Upon successful payment, 2Checkout will automatically generate an invoice and send it to the email address associated with your account.

9.6 Fixed Pricing

Prices are fixed for the duration of your subscription. We will not change the price of your active subscription. However, prices for new subscriptions may change at any time without notice.

9.7 Payment Authorization

By providing payment information, you:

• Represent that you are authorized to use the payment method
• Authorize us (through 2Checkout) to charge the payment method for the subscription amount plus applicable taxes
• Agree to pay all charges incurred

9.8 Failed Payments

If payment fails or is declined, your subscription will not be activated. We reserve the right to suspend or terminate accounts associated with failed payments or fraudulent payment activity.

Due to the nature of instant digital delivery and immediate access to our reports, we maintain a strict no-refund policy.

General Policy: All sales are final. Refunds are not provided after a subscription is activated.

Limited Exceptions: We may, at our sole discretion, consider refund requests within 7 days of purchase in cases of:

• Technical issues preventing access to purchased content
• Duplicate charges or payment processing errors
• Unauthorized transactions

For complete details, please review our separate Refund Policy available on our website.

11.1 Right to Modify

We reserve the right to modify, update, suspend, or discontinue any aspect of the Service at any time without notice or liability.

11.2 Content Updates

Content may be updated without notice or price adjustment. We do not guarantee that updates will occur on any specific schedule. Report update frequency is approximate and may vary.

11.3 No Service Level Agreement

We do not provide any service level agreement (SLA) or uptime guarantee. The Service is provided "as is" and "as available."

11.4 Feature Changes

We may add, remove, or modify features without prior notice. Subscription prices will not be adjusted for feature changes during active subscription periods.

12.1 "As Is" Service

THE SERVICE AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ACCURACY.

12.2 No Guarantee of Accuracy

While we strive for accuracy, we do not warrant that:

• The Content is accurate, complete, reliable, current, or error-free
• The Service will be uninterrupted, timely, secure, or error-free
• Any defects or errors will be corrected

12.3 Investment Disclaimer

Our reports and data are for informational purposes only and do not constitute financial, investment, trading, or professional advice. You should not make financial decisions solely based on our Content. Consult qualified professionals before making investment decisions.

12.4 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, INFOTERRA LLP AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR:

• Any indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• Service interruptions or data loss
• Any damages arising from your use or inability to use the Service

EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

12.5 Maximum Liability Cap

Our total aggregate liability to you for all claims arising from or related to the Service shall not exceed the amount you paid us in the six (6) months preceding the claim.

12.6 Jurisdictional Limitations

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. In such jurisdictions, our liability will be limited to the maximum extent permitted by law.

13.1 Governing Law

These Terms and your use of the Service shall be governed by and construed in accordance with the laws of the Republic of Kazakhstan, without regard to its conflict of law principles.

13.2 Exclusive Jurisdiction

Any disputes arising from or relating to these Terms or the Service shall be subject to the exclusive jurisdiction of the courts of Astana, Kazakhstan.

13.3 EU Customer Rights

For EU customers: Nothing in these Terms affects your statutory consumer rights under EU law.

13.4 US Arbitration and Class Action Waiver

For US customers: You agree to resolve disputes individually and waive any right to participate in class action lawsuits.

13.5 Informal Resolution

Before initiating formal proceedings, we encourage you to contact us at info@graphfolio.com to seek an informal resolution. Many disputes can be resolved through good faith negotiation.

13.6 Legal Fees

In any legal proceeding, the prevailing party may be entitled to recover reasonable attorneys' fees and costs.

14.1 Termination by User

You may delete your account at any time through your account dashboard. Upon deletion:

• Your personal data will be retained for 30 days, then permanently deleted
• You will lose access to all active subscriptions
• No refunds will be provided for unused subscription periods

14.2 Termination by Company

We may suspend or terminate your account immediately without notice if:

• You violate these Terms
• You engage in fraudulent activity
• We are required to do so by law
• We determine, in our sole discretion, that termination is necessary

14.3 Effect of Termination

Upon termination:

• Your license to use the Service immediately terminates
• You must cease all use of our Content
• Any outstanding payment obligations remain due
• Provisions that by their nature should survive termination will remain in effect

14.4 No Refund Upon Termination

Accounts terminated for violations are not eligible for refunds for any unused subscription period.

Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

By using our Service, you consent to our data practices as described in the Privacy Policy.

Key points:

• Data Storage: Your data is stored in the Netherlands (EU jurisdiction) through our hosting provider, Scalahosting.
• Data Collection: We collect account information, technical data, and usage data necessary to provide the Service.
• Third-Party Services: We use 2Checkout for payment processing, Google reCAPTCHA for security, and Google Analytics (with your consent) for analytics.
• Your Rights: You have rights under GDPR, including the right to access, delete, rectify, and port your data.

For complete details, please review our Privacy Policy and Cookie Policy.

We reserve the right to modify these Terms at any time. The type of notification depends on the nature of the changes:

16.1 Minor Changes

Minor changes include clarifications, corrections, formatting improvements, and updates to contact information. These changes:

• Are effective immediately upon posting to our website
• Do not require advance notification
• Will be reflected in the "Last Updated" date at the top of this document

16.2 Material Changes

Material changes include modifications to pricing, refund policies, user obligations, acceptable use restrictions, data practices, payment terms, intellectual property rights, governing law, or other significant terms. For material changes:

• Advance Notice: We will notify you via email at least 30 days before the changes take effect
• Website Notice: We will display a prominent notice on our platform
• Protection for Active Subscriptions: Material changes will not adversely affect the terms of your active subscriptions purchased under the previous Terms
• Effective Date: Changes become effective 30 days after notification

16.3 Your Options

Your continued use of the Service after the effective date of any changes constitutes acceptance of the modified Terms. If you do not agree with the changes:

• You must stop using the Service before the effective date
• You may delete your account through your account dashboard
• Active subscriptions will continue under the original Terms until expiration

We recommend reviewing these Terms periodically to stay informed of any updates.

17.1 Entire Agreement

These Terms, together with our Privacy Policy, Refund Policy, and Cookie Policy, constitute the entire agreement between you and Infoterra LLP regarding the Service and supersede all prior agreements and understandings.

17.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

17.3 Waiver

Our failure to enforce any right or provision of these Terms will not constitute a waiver of that right or provision.

17.4 Assignment

You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms without restriction.

17.5 Force Majeure

We shall not be liable for any failure to perform due to circumstances beyond our reasonable control, including acts of God, war, terrorism, natural disasters, or government actions.

17.6 Language

These Terms are written in English. Any translations are provided for convenience only. In case of conflict, the English version prevails.

17.7 Headings

Section headings are for convenience only and do not affect interpretation of these Terms.

If you have questions about these Terms of Service, please contact us:

Company Name: Infoterra LLP
Email: info@graphfolio.com
Registered Address: Building 6, E 248 Street, Esil District, 010000 Astana, Kazakhstan
Tax ID (BIN): 230240009770

By using our Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.