The MeaningCloud.com website and the MeaningCloud services offered on this website (“MeaningCloud Service”, “MeaningCloud Services” or “the Services”) are owned and operated by MeaningCloud LLC. This web page describes the terms and conditions governing your ("you", "You", "Your" or “Customer”) use of the MeaningCloud Services and this website. By accessing this website or using any MeaningCloud Service, you signify that you have read, understood, and agree to be bound by these terms and all applicable laws and regulations, including export and re-export control laws and regulations. If you do not agree to these terms, please do not use this web site or the MeaningCloud Services.

Representation

If you are using the Services on behalf of an organization or entity (“Organization”), then you are agreeing to these Terms on behalf of that Organization and you represent and warrant that you have the authority to bind the Organization to these Terms. In that case, “you” and “your” refers to you and that Organization. If you or your organization have entered into a separate written agreement with MeaningCloud governing your use of the MeaningCloud Services, then the terms and conditions of that separate agreement will prevail and govern, and any conflicting terms of this Agreement will not be given effect. The Service may change from time to time as we evolve, refine or add more features to the Service, often without prior notice to you. In addition, MeaningCloud may temporarily or permanently stop providing the Service, or any features within the Service, to you or to users generally and may not be able to provide you with prior notice.

API License

Subject to your continuous compliance with these terms and conditions, MeaningCloud grants you a limited, revocable, non-exclusive, non-transferable, non-sub-licensable, non-assignable license to access and use the selected proprietary application programming interface (API) solely to implement, integrate and use the MeaningCloud Services for personal or business purposes. We reserve all rights not expressly granted in these Terms in the Service.

API Key

MeaningCloud makes the Service available to you electronically, requiring a MeaningCloud API Key for you to access the services. As a condition of receipt and use, of this Key it is acknowledged that API key is to be kept private. It may not be shared or otherwise disclosed to third parties. You acknowledge that it is your responsibility to protect this API Key. You also acknowledge that you will not create multiple accounts to get multiple free API Keys at any time and under whatever circumstances unless explicitly allowed by MeaningCloud.

Ownership

You will retain ownership of our output while MeaningCloud retains ownership of its processing service and its configuration. MeaningCloud reserves any and all rights not specifically granted to you herein.

Your Account

You must provide accurate information when you create your MeaningCloud account. Your MeaningCloud account gives you access to the Services and functionality that we may establish and maintain from time to time and in our sole discretion. We may maintain different types of accounts for different types of users or organizations. All of your data will be immediately deleted from the Service if you cancel your account or MeaningCloud terminates your account as set forth below. This information cannot be recovered once your account is cancelled. Termination of the Service results in the deletion of your account and all your data. In all these cases, only the information necessary for the management, accounting, and charging of the service is preserved.

Account Security

You are responsible for safeguarding the password that you use to access the Service, and for any activities or actions under your password, whether your password is with MeaningCloud or a third-party service. Same criteria applies to your assigned API key(s). You agree not to disclose your password and API key(s) to any third party. MeaningCloud cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. You must notify MeaningCloud immediately upon becoming aware of any breach of security or unauthorized use of your account.

Your Content

You understand that all content that you input, post, transmit, stream or upload to the Service are your sole responsibility. This means that you, and not MeaningCloud, are entirely responsible for all data that you input, upload, post, stream, transmit or otherwise make available via your account. MeaningCloud does not control the data analyzed or modeled via the Service and, as such, does not guarantee the accuracy, integrity or quality of such data. To use the Service, you must be the owner, have the rights to use the data, or use public data for all data sources that you create within MeaningCloud. Your data sources cannot be obtained by fraud, involve the use of counterfeit or stolen data, or have been obtained by other unlawful method. Your data sources cannot infringe any third party's copyright, patent, trade mark, trade secret or other proprietary rights or privacy laws. Your data sources cannot violate any law, statute, ordinance or regulation (including without limitation those governing export control or consumer protection). Your data sources cannot create liability for MeaningCloud or cause us to lose (in whole or in part) the services of our ISPs or other suppliers. Your data is considered confidential information by MeaningCloud as set forth in our Privacy Policy. Notwithstanding the foregoing, a party receiving confidential information will not be in violation of this agreement regarding a disclosure that was in response to a valid order by a court or other governmental body nor will MeaningCloud be in violation if it discovers that you intend to use the Service to further an impermissible purpose or to commit or plan a crime. To safeguard the confidentiality of the texts analyzed in MeaningCloud, these are deleted automatically once the processing has ended. The only information that remains is the essential for accounting the consumption of the service: user, instant of the request and word count. Please note that MeaningCloud does not retain the raw textual content submitted to the MeaningCloud Service and does not claim copyright or license for any submitted content.

Subscriptions

You have the option of purchasing a subscription to the Service. Paid subscriptions are sized and priced at the discretion of MeaningCloud and may change from time to time. To initiate a subscription you must enter a valid debit or credit card. When you confirm your subscription on MeaningCloud, you agree to be bound by and pay for that purchase. Subscriptions by default have no ending date, they are ended through the cancellation process available in your account dashboard. Billing cycles are monthly periods that begin on the day the subscription is purchased. Payments are done at the beginning of the billing period; if a payment fails, the subscription will be automatically canceled. Subscriptions are associated to conditions of use of the service. It is at the discretion of the user to effectively take the use of the service up to their monthly limits. At the beginning of each billing period, these conditions will be reset to the values established by the subscription. You may upgrade your subscription at any time through the self-serve functions in your account dashboard. When you upgrade your subscription, you are invoiced at the price of your new subscription level and for all effects, a new subscription is started. The unused requests from the billing period of the previous subscription will be added to the limit of the new subscription exclusively for the first billing period. You may downgrade your subscription at any time; the downgrade will take effect at the start of your next billing cycle. This includes the cancellation process of any paid subscription by which a subscription is reverted to the Free plan.

Payment

Unless otherwise set forth in a separate purchase order or agreement, terms of payment shall be due according to published subscription rates. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes. If you believe that MeaningCloud has charged you in error, you must contact MeaningCloud within 90 days of such charge. No refunds will be given for any charges, which are more than 90 days old. If you pay by debit card and your payment results in an overdraft or other fee from your bank, you alone are responsible for that fee. MeaningCloud retains the right to delete any resources (client dictionaries or models) generated by a subscription that has not been updated within 90 days.

Refund and Cancellation Policy

You may cancel your subscription at any time; your cancellation will take effect at the end of your current billing cycle. No refunds will be provided for portions of the current billing cycle following a downgrade or cancellation.

Use of the Service

You agree not to misuse the MeaningCloud Service. For example, you must not, and must not attempt to do the following things:
  • Access or reverse engineer the Service in order to (i) build a competitive product or service, (ii) build a product using similar ideas, features, or functions of the Service, or (iii) copy any ideas, features, or functions of the Service;
  • Publish or perform any benchmark or performance tests or analysis relating to the Service or the use thereof without express authorization from MeaningCloud;
  • Utilize the information provided by the Service to create a service similar to MeaningCloud, including but not limited to: text analysis services, meta-data extraction, retrieval, or entity extraction services, and content categorization services;
  • Create or use multiple MeaningCloud keys;
  • Republish information provided by MeaningCloud in a bulk format;
  • Use the Service to reproduce copyrighted materials;
  • Make the Service available over a network (other than this website) where it could be used by others;
  • Translate, reverse engineer, decompile, disassemble, modify or create derivative works based on the Service, features or ideas from the Services, or any portion of them;
  • Circumvent any technology used by MeaningCloud or its licensors to protect information accessible via the Service;
  • Sell, rent, lease, transfer, or sublicense any of the Service;
  • Utilize or enable a third party to utilize MeaningCloud via any means that bypasses this Terms or the MeaningCloud registration process, including but not limited to: proxy servers, spiders, scraping robots, or other technology;
  • Distribute, facilitate, or enable access to the Service in any manner deemed by MeaningCloud in its sole discretion to be objectionable or harmful to the business or reputation of MeaningCloud;
  • Use the Service in conjunction with deep packet inspection and/or any form of network surveillance technology;
  • Use the Service to monitor Internet and/or other telecommunications traffic; or
  • Use the Service in any way that violates these Terms; or
  • Use the Service for any unlawful purposes or for promotion of illegal activities.
MeaningCloud reserves the right to investigate and/or suspend any account that violates any of the above rules and to immediately terminate that account without further notice.

Termination

MeaningCloud reserves the right to refuse service to anyone for any reason at any time. MeaningCloud, in its sole discretion, retains the right to suspend or terminate your account and/or refuse any and all current or future use of the Service, for any reason at any time. Without limiting other remedies, MeaningCloud may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your account and/or refuse to provide the Service. If you wish to terminate this Agreement you may do so by discontinuing use of the services. MeaningCloud will not be liable for any costs, expenses, or damages as a result of either party choosing to terminate this Agreement. Upon termination of this Agreement, you will promptly cease using the Services. Upon termination or expiration of this Agreement all rights and obligations of the parties under this Agreement shall immediately cease, provided that certain rights and obligations, including but not limited to, the right to payment, shall survive.

Content Delivery

MeaningCloud will make the Service output available to you electronically. By creating a MeaningCloud account, you agree to be globally subscribed to all MeaningCloud marketing and system emails. You will have the option to unsubscribe from these emails at any time.

Support

Depending on your Service level, MeaningCloud will make available its web and email based support services for the API, which provides you with access to its knowledge base archive to assist in troubleshooting and answering questions of a general nature regarding the API. You are responsible for providing all support and/or technical assistance to your end users regarding the use of your service (including any issues related to the Content and the API). MeaningCloud will not provide support and/or technical assistance directly to your end users, if applicable.

Privacy

We care about the privacy of our users. We collect, use and share personally identifiable information and non-personally identifiable information as described in our Privacy Policy, that can be found here. You agree that by using the Service, you agree to the collection of such information, and to have your personal data collected, used, transferred and processed. MeaningCloud will not share content that you pull through the API with anyone under any circumstances. MeaningCloud may use content metrics and account metrics for internal market research purposes, as well as to optimize the API configuration and scale it.  None of this content will be released to third parties. MeaningCloud may cooperate with and disclose information (including your account information) to any authority, government official or third-party, without giving any notice to you, in connection with any investigation, proceeding or claim arising from an asserted illegal action or infringement due to your use of the MeaningCloud Services.

Attribution

Users of the Free Plan of the Service, shall agree to conspicuously display the MeaningCloud API logo to indicate that MeaningCloud technology is being used. This graphic shall measure at least 200 by 100 pixels and be displayed on all web pages, documents or other renderings where MeaningCloud API Content or API data is used. In addition you will provide a clickable hyperlink to MeaningCloud which shall read: "Powered by MeaningCloud API" within your website or application. Similar attributions must be used in all published and/or printed works, including but not limited to research papers and journal articles. MeaningCloud hereby grants a nontransferable, nonexclusive license to use MeaningCloud's trademarks during the period of use to display the MeaningCloud icon and to advertise the use of MeaningCloud's API on licensee’s site or service. Likewise, licensee hereby grants to MeaningCloud a nontransferable, nonexclusive license under Licensee's trademarks during the period of use to advertise that Licensee is using MeaningCloud's Services. Except as set forth in this Section, nothing in this Agreement shall be considered a grant or shall be deemed to grant to one party any right, title or interest in or to the other party's trademarks. All use of Licensee's trademarks by MeaningCloud shall inure to the benefit of Licensee and all uses of MeaningCloud trademarks by Licensee shall inure to the benefit of MeaningCloud.

Copyright Policies

As between you and MeaningCloud, you acknowledge that MeaningCloud LLC owns or has a license to all title and copyrights in and to the MeaningCloud Services. All title and intellectual property rights in and to the content available through the MeaningCloud Services is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties and subject to use restrictions under such laws or treaties.

Copyright Infringement

If you believe that your own copyrighted work is accessible on the Service in violation of your copyright, you may provide our Designated Agent with a written communication as set forth in the Digital Millennium Copyright Act ("DMCA"), 17 U.S.C. § 512(c)(3) that contains the following written information: A description identifying in sufficient detail the copyrighted work or intellectual property that you claim has been infringed so it may be accurately located using the URL. Where multiple works are at issue please provide a list of URLs or sufficient information to locate the alleged infringing material.
  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest:
  2. A statement by you that you have a good-faith belief that the disputed use is unauthorized by the copyright owner, its agent, or the law;
  3. A statement by you made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
  4. Also include your name, mailing address, telephone number and email address.
For additional questions or to forward your Notice of claims of infringement to MeaningCloud's Copyright Agent please go to https://www.meaningcloud.com/developer/support.

Disclaimer of Warranty

THE FREE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. FOR COMMERCIAL PAID PLANS, SLAs WOULD APPLY. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, MEANINGCLOUD AND ITS LICENSORS DO NOT WARRANT THAT THE SERVICE IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

Indemnification

You will defend, indemnify and hold MeaningCloud and its licensee and licensors, and their employees, contractors, agents, officers and directors harmless against any third party claims, liabilities or expenses incurred (including reasonable attorneys’ fees), as well as amounts finally awarded in a settlement or by a court arising from any claim or allegation by a third party arising out of (i) allegations that your use of MeaningCloud infringes or misappropriates any trademark, copyright or other intellectual property of any third party, (ii) Customer’s use of Data, (iii) MeaningCloud Services or the MeaningCloud API that are modified by Customer if the alleged infringement relates to such modification; (iv) MeaningCloud Services or the MeaningCloud API that are combined with any Customer product, process or materials where the alleged infringement relates to such combination; (v) Customer’s use of a version of the MeaningCloud Services or MeaningCloud API other than the version that was current at the time of such use; (vi) infringement or misappropriation of any proprietary right in which Customer has an interest; or (vii) your breach or alleged breach of any of your obligations or representations under this Agreement.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MEANINGCLOUD, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, BUSINESS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE THIS SERVICE. UNDER NO CIRCUMSTANCES WILL MEANINGCLOUD BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MEANINGCLOUD ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF THE SERVICE; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL MEANINGCLOUD ITS AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO COMPANY HEREUNDER. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF MEANINGCLOUD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

Modifications

We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our sole discretion, is material we will notify you (for example via email to the email address associated with your account). Other changes may be posted to our blog or Terms page, so please check those pages regularly. If for any reason you are unable to comply with any modification or change you must stop using the MeaningCloud Services, or, if applicable, cancel your subscription. You will be deemed to have accepted the terms of use as amended if you continue to use any of MeaningCloud Services after any amendments are posted on the Site.

General

This Agreement will be governed by and construed in accordance with the laws of the State of New York, United States, excluding that body of law pertaining to conflict of laws. Any legal action or proceeding arising under this Agreement will be brought exclusively in the federal or state courts located in the State of New York and you hereby irrevocably consent to the personal jurisdiction and venue therein. If any action is necessary to enforce the terms of this Agreement, the prevailing party will be entitled to recover its reasonable attorneys' fees, costs and expenses in addition to any other relief to which such prevailing party may be entitled. You may not assign this Agreement, in whole or in part, by operation of law or otherwise, without MeaningCloud 's express prior written consent. Any attempt to assign this Agreement, without such consent, will be null and of no effect. Subject to the foregoing, this Agreement will bind and inure to the benefit of each party's successors and permitted assigns. The parties to this Agreement are independent contractors and this Agreement will not establish any relationship of partnership, joint venture, employment, franchise, or agency between the parties. The failure by either party to enforce any provision of this Agreement will not constitute a waiver of future enforcement of that or any other provision. The waiver of any breach of any provision of this Agreement will not constitute a waiver of any subsequent breach of the same other provisions hereof. If any provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of the Agreement will remain in full force and effect, and the provision affected will be construed so as to be enforceable to the maximum extent permissible by law. This Agreement constitutes the complete and exclusive understanding and agreement of the parties with respect to the subject matter hereof and supersedes all prior understandings and agreements, whether written or oral, with respect to the subject matter hereof.