Terms of Service

Chartly Service Agreement

Important Legal Notice

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.

1. Acceptance of 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.

2. Definitions

For the purposes of these Terms, the following definitions apply:

  • "Account" means your Chartly user account that allows you to access the Service.
  • "Content" means all data, charts, visualizations, text, graphics, and other materials uploaded, submitted, or transmitted through the Service.
  • "Customer Data" means any data, information, or content that you upload, submit, or transmit to or through the Service.
  • "Documentation" means Chartly's user guides, documentation, and help materials.
  • "Intellectual Property Rights" means copyrights, trademarks, service marks, trade secrets, patents, and other intellectual property rights.
  • "Service" means the Chartly platform, including all software, applications, APIs, and related services.
  • "Subscription Plan" means the specific service tier and associated features you have selected.

3. Account Registration and Security

3.1 Account Creation

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.

3.2 Account Security

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.

3.3 Account Restrictions

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.

4. Subscription Plans and Billing

4.1 Subscription Plans

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.

4.2 Billing and Payment

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.

4.3 Price Changes

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.

4.4 Automatic Renewal

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.

5. Acceptable Use Policy

5.1 Permitted Use

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.

5.2 Prohibited Activities

You agree not to:

  • Use the Service for any illegal, harmful, or unauthorized purpose
  • Attempt to gain unauthorized access to the Service or related systems
  • Interfere with or disrupt the Service or servers
  • Upload malicious code, viruses, or harmful content
  • Violate the privacy or rights of others
  • Use the Service to transmit spam or unsolicited communications
  • Reverse engineer, decompile, or attempt to extract source code
  • Remove or modify proprietary notices or labels

5.3 Content Standards

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.

6. Intellectual Property Rights

6.1 Chartly's Rights

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.

6.2 Customer Data Rights

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.

6.3 Feedback

Any feedback, suggestions, or ideas you provide to Chartly may be used by Chartly without restriction or compensation to you.

7. Data Processing and Privacy

7.1 Privacy Policy

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.

7.2 Data Security

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.

7.3 Data Location

Customer Data may be processed and stored in the United States or other countries where Chartly or its service providers maintain facilities.

8. Service Availability and Support

8.1 Service Availability

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.

8.2 Maintenance

Chartly may perform scheduled maintenance that temporarily limits access to the Service. We will provide advance notice when possible.

8.3 Support

Support services are provided according to your Subscription Plan. Support terms and service level agreements are detailed in our Support Policy.

9. Termination and Suspension

9.1 Termination by You

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.

9.2 Termination by Chartly

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.

9.3 Effect of Termination

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.

10. Limitation of Liability

10.1 Disclaimer of Warranties

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.

10.2 Limitation of Damages

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.

10.3 Maximum Liability

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.

11. Indemnification

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.

12. Governing Law and Disputes

12.1 Governing Law

These Terms are governed by the laws of the State of California, United States, without regard to conflict of law principles.

12.2 Dispute Resolution

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.

12.3 Class Action Waiver

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.

13. Modifications to Terms

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.

14. Miscellaneous Provisions

14.1 Entire Agreement

These Terms, together with our Privacy Policy and any other agreements referenced herein, constitute the entire agreement between you and Chartly regarding the Service.

14.2 Severability

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

14.3 Assignment

You may not assign these Terms without our prior written consent. Chartly may assign these Terms without restriction.

14.4 Force Majeure

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.

15. Contact Information

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

Legal Department

Chartly Inc.

123 Technology Drive

Quebec, QC G0A 1H0

Canada

Contact Methods

Email: legal@chartly.com

Phone: +1 (581) 673-1408

Business Hours: 9 AM - 5 PM PST