Chartly Service Agreement
These Terms of Service constitute a legally binding agreement between you and Chartly Inc. Please read these terms carefully before using our services. By accessing or using Chartly, you agree to be bound by these terms.
By accessing, browsing, or using the Chartly platform, mobile applications, APIs, or any related services (collectively, the "Service"), you acknowledge that you have read, understood, and agree to be bound by these Terms of Service ("Terms") and our Privacy Policy, which is incorporated herein by reference.
If you are entering into these Terms on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind such entity to these Terms, and "you" refers to such entity.
If you do not agree to these Terms, you may not access or use the Service.
For the purposes of these Terms, the following definitions apply:
To access certain features of the Service, you must create an Account by providing accurate, current, and complete information. You agree to maintain and promptly update your Account information to keep it accurate, current, and complete.
You are responsible for maintaining the confidentiality of your Account credentials and for all activities that occur under your Account. You agree to immediately notify Chartly of any unauthorized use of your Account or any other breach of security.
You may not: (a) create multiple Accounts to evade restrictions; (b) share your Account with others; (c) use automated means to create Accounts; or (d) impersonate any person or entity.
Chartly offers various subscription plans with different features and usage limits. Your access to features and services depends on your selected Subscription Plan. Current pricing and plan details are available on our website.
Subscription fees are billed in advance on a monthly or annual basis, depending on your selected plan. Payment is due immediately upon subscription. All fees are non-refundable except as expressly stated in these Terms or required by applicable law.
Chartly reserves the right to modify pricing with thirty (30) days' advance notice. Price changes will take effect at the start of your next billing cycle.
Subscriptions automatically renew for successive periods equal to the original subscription term unless cancelled before the renewal date. You may cancel your subscription at any time through your Account settings.
You may use the Service only for lawful purposes and in accordance with these Terms. You agree to comply with all applicable laws, regulations, and third-party rights.
You agree not to:
You are solely responsible for your Customer Data and must ensure it complies with applicable laws and does not infringe third-party rights. Customer Data must not contain illegal, harmful, or offensive content.
The Service and all related technology, including software, designs, text, graphics, and other content (excluding Customer Data), are owned by Chartly and protected by intellectual property laws. Nothing in these Terms grants you any right to use Chartly's trademarks, logos, or other proprietary information.
You retain all rights to your Customer Data. By using the Service, you grant Chartly a limited, non-exclusive license to use, process, and display your Customer Data solely to provide the Service to you.
Any feedback, suggestions, or ideas you provide to Chartly may be used by Chartly without restriction or compensation to you.
Our collection and use of personal information is governed by our Privacy Policy. By using the Service, you consent to the collection and use of information as described in our Privacy Policy.
Chartly implements appropriate technical and organizational measures to protect Customer Data against unauthorized access, alteration, disclosure, or destruction. However, no system is completely secure, and we cannot guarantee absolute security.
Customer Data may be processed and stored in the United States or other countries where Chartly or its service providers maintain facilities.
While we strive to maintain high availability, the Service is provided "as is" and "as available." We do not guarantee uninterrupted or error-free operation of the Service.
Chartly may perform scheduled maintenance that temporarily limits access to the Service. We will provide advance notice when possible.
Support services are provided according to your Subscription Plan. Support terms and service level agreements are detailed in our Support Policy.
You may terminate your Account at any time by following the cancellation process in your Account settings. Termination will be effective at the end of your current billing period.
We may suspend or terminate your Account immediately if you violate these Terms, fail to pay fees, or if we reasonably believe termination is necessary to protect our rights or the rights of others.
Upon termination, your right to use the Service ceases immediately. You may export your Customer Data for thirty (30) days after termination, after which it may be deleted.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, CHARTLY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES.
Chartly's total liability for all claims arising from or related to the Service shall not exceed the amounts paid by you to Chartly in the twelve (12) months preceding the claim.
You agree to indemnify, defend, and hold harmless Chartly and its officers, directors, employees, and agents from any claims, damages, losses, and expenses (including attorney fees) arising from or related to: (a) your use of the Service; (b) your Customer Data; (c) your violation of these Terms; or (d) your violation of any third-party rights.
These Terms are governed by the laws of the State of California, United States, without regard to conflict of law principles.
Any disputes arising from these Terms shall be resolved through binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The arbitration shall take place in San Francisco, California.
You agree that any arbitration or proceeding shall be conducted on an individual basis and not as part of a class, consolidated, or representative action.
Chartly may modify these Terms at any time by posting the updated Terms on our website. We will provide notice of material changes through email or Service notifications. Your continued use of the Service after such modifications constitutes acceptance of the updated Terms.
If you do not agree to the modified Terms, your sole remedy is to terminate your Account in accordance with Section 9.
These Terms, together with our Privacy Policy and any other agreements referenced herein, constitute the entire agreement between you and Chartly regarding the Service.
If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.
You may not assign these Terms without our prior written consent. Chartly may assign these Terms without restriction.
Neither party shall be liable for any failure to perform due to causes beyond their reasonable control, including natural disasters, government actions, or network failures.
If you have questions about these Terms, please contact us:
Chartly Inc.
123 Technology Drive
Quebec, QC G0A 1H0
Canada
Email: legal@chartly.com
Phone: +1 (581) 673-1408
Business Hours: 9 AM - 5 PM PST