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Terms of Service

  1. The Service

    The ‘Service’ includes:

    1. The site
    2. The chart application related to your account
    3. Your account specific ChartCloud™, the cloud managed database of data, charts and designs
    4. All content for the plan purchased, including all data, charts, designs and any other content made available to you by Chartlr.

    Any new features added to or augmenting the Service are also subject to these Terms of Service.

  2. Acceptance of terms

    1. Chartlr provides its service to you through its website, www.chartlr.com, and individual Chartlr accounts created for you, the customer, as outlined above.
    2. By accepting these terms or accessing Chartlr provided URLs, you acknowledge that you have read, understood and agreed to be bound by the following terms, and that representations made by you on www.chartlr.com are accurate, complete and within your rights to make. If you are entering into these terms on behalf of an employer or third party, you represent that you have authority to bind that entity to these terms. If you do not have such authority or do not agree to the terms and conditions, you cannot use the Chartlr service.
    3. You acknowledge that these terms constitute an agreement between Chartlr and you and that your electronic signup acts in place of a physical signed agreement.
  3. Terms of Use

    1. Chartlr reserves the right to terminate or modify the service at any time, without prior notification.
    2. The Service is provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.
    3. Chartlr makes no claims that the service will be uninterrupted or error-free and customers use the application at their own risk. However, if the application will be unavailable due to planned maintenance we will notify all users at least 5 days in advance.
    4. You agree, as a customer, not to license, resell, lease, transfer or distribute the service to any third party vendors.
    5. You agree, as a customer, not to use Chartlr for unlawful purposes, such as infringing privacy, data ownership or intellectual property rights.
    6. You agree to act within anti-spam policy guidelines for your country and shall not use Chartlr to transmit unsolicited mail.
    7. As a customer of Chartlr you acknowledge that Chartlr is the proprietor of the software and you do not have the right to adapt, hack, or reverse engineer the source code of the software.
    8. You are responsible for the data stored in your Chartlr account, and for all data, be it spreadsheets, charts or chart designs, sent from your Chartlr account. Chartlr does not take responsibility for any racist, libel or defamatory data or visualizations (spreadsheets, charts or graphs) created with or sent from the Chartlr application, and you indemnify Chartlr from any damages relating to such an occurrence.
    9. You agree to keep your login information confidential, and to restrict each login to one person. A single user account cannot be shared by multiple people.
    10. Chartlr reserves the right to cancel the account of a customer immediately, and without warning, if the customer infringes the above terms. If, at Chartlr’s sole discretion, we determine the customer has abused their access rights to the Chartlr application, termination without warning will take effect immediately.
  4. Data privacy & security

    1. In providing you the service we shall maintain all administrative and technical safeguards to protect the security, confidentiality and integrity of your data.
    2. Chartlr will only ever access your account upon your request for technical assistance. You will be asked to provide explicit consent each time an employee of Chartlr needs to access your account. No employee of Chartlr will access your account without prior permission, unless required to do so by law.
  5. Intellectual property rights

    Chartlr shall maintain all rights, title and interest in our respective patents, inventions, copyrights, trademarks, domain names, and any other intellectual or property and/or proprietary rights. The rights granted to you to use the Service do not convey, by extension, any title to patents, inventions, copyrights, trademarks, domain names or any other intellectual property owned by Chartlr.

    Any feedback, enhancement suggestions or recommendations received from you can be incorporated into the Chartlr service: worldwide; royalty-free; in perpetuity; and to any other Chartlr product(s) by transfer. You cannot claim any rights to these incorporations, either now or in the future.

  6. Third party services

    To deliver our service to you, Chartlr may utilize third party services. Your acceptance of these services confirms your compliance with the terms and conditions of these third party services. Chartlr is not responsible for, nor does it endorse, the governance of your rights by third party companies. Chartlr is not liable for any damage or loss attributed to, or connected to, your access of a third party’s services.

  7. Billings and Payments

    1. The initial Trial account gives full access to the Expert plan functionality and can be used for 30 days without entering your billing information. If you decide after these 30 days not to continue with a paid plan, Chartlr does not take any responsibility for loss of data when the application closes the trial account after 30 days.
    2. The Chartlr software packages ‘Student’, ‘Professional’ and ‘Expert’ are billed monthly (this constitutes the billing month and can be 28 days to 31 days depending on the calendar month) or yearly, in advance.

      The customer receives a month’s (28 to 31 days as determined by the calendar month) or a year’s access to the determined subscription once payment has been made. The customer will be automatically charged on the same date each month/year for continuous access to the paid subscription. For example, a customer subscribes to a ‘Professional‘ plan on the 2nd of January, which entitles access until the 1st of February. On the 2nd of February the customer’s paid account will auto-renew, and the customer will be charged via the billing information provided for the next month’s access. The Chartlr application allows for the customer to update billing information.

      If payment is not received by Chartlr in the initial auto-renewal process the customer will be notified via email. A second attempt to obtain payment via the account’s billing details will occur three (3) days after the auto renewal date, and a third attempt will occur seven (7) days after the auto-renewal date. If payment is still not received the account will be closed and all paid privileges will be lost.

    3. Customers can upgrade or downgrade their subscription to another plan at any time. There are no refunds for downgrades or cancellations of accounts before the pre-paid month or year has expired. If the customer upgrades during their pre-paid month or year, the difference for the remaining days of their billing month/year will be charged pro-rata at time of upgrade. Thereafter the customer will be charged the new price for each subsequent billing month or year.
  8. Termination / cancellation of Service

    1. Cancellation can be done on the Account page within the Chartlr application or by emailing a written request to [email protected]
    2. As soon as the cancellation notification is fulfilled the customer will no longer have access to the application or its contents. Chartlr reserves the right to delete the ChartCloud™ contents of all cancelled accounts.
  9. Modifications to service or prices

    1. Chartlr reserves the right at any time to modify, or discontinue, the Service (or any part thereof) with or without notice.
    2. Chartlr shall not be liable to you or to any third party for any modification, price change, suspension or discontinuation of the Service.
    3. Chartlr reserves the right to implement price changes with 30 days notice to the customer. Customers on monthly subscriptions will be charged the new price the next billing month that falls after the 30 days. Customers on annual accounts will be charged the agreed amount for the full 12 months of their contract; thereafter the new price will take effect.
  10. Disclaimer of warranties

    The service, including the site and content, and all server and network components are provided on an “as is” and “as available” basis, without any warranties of any kind to the fullest extent permitted by law, and Chartlr expressly disclaims any and all warranties, whether express or implied, including, but not limited to, the implied warranties of merchantability, title, fitness for a particular purpose, and non-infringement. You acknowledge that Chartlr does not warrant that the service will be uninterrupted, timely, secure, error-free or virus-free, and no information or advice obtained by you from Chartlr or through the service shall create any warranty not expressly stated in these terms.

  11. Limitation of liability

    1. No consequential damages. Under no circumstances and under no legal theory (whether in contract, tort, negligence or otherwise) will either party to these terms, or such party’s affiliates or their respective officers, directors, employees, agents, suppliers or licensors be liable to the other party or any third party for any indirect, incidental, special, exemplary, consequential, punitive or other similar damages, including lost profits, lost sales or business, lost data, business interruption or any other loss incurred by such party in connection with these terms or the service, regardless of whether such party has been advised of the possibility of or could have foreseen such damages.
    2. Limits on monetary damages. Notwithstanding anything to the contrary in these terms, Chartlr’s (including any of its affiliates) aggregate liability, for damages (monetary or otherwise) under these terms claimed by you or any third party arising from our service, shall be limited to the lesser of (i) actual damages incurred, or (ii) payments made by you for the service during the twelve (12) months preceding the claim. the parties acknowledge and agree that the essential purpose of this section 11.2 is to allocate the risks under these terms between the parties and limit their potential liability given the fees charged under this agreement, which would have been substantially higher if Chartlr were to assume any further liability other than as set forth herein. The parties have relied on these limitations in determining whether to enter into these terms.
  12. Indemnification

    1. Chartlr will indemnify and hold You harmless, from and against any claim against You by reason of Your use of the Service as permitted hereunder, brought by a third party alleging that the Service infringes a valid patent or copyright, or misappropriates a third party’s trade secret (such claims, collectively, “Claim”). Chartlr shall, at its expense, defend such Claim and pay damages finally awarded against You in connection therewith, including the reasonable fees and expenses of the attorneys engaged by Chartlr for such defense, provided that (i) You promptly notify Chartlr of the threat or notice of such Claim, (ii) Chartlr will have the sole and exclusive control and authority to select defense attorneys, defend and/or settle any such Claim, and (iii) You fully cooperate with Chartlr in connection therewith. If Your use of the Service has become, or in Chartlr’s opinion is likely to become, the subject of any such Claim, Chartlr may at its option and expense (a) procure for You the right to continue using the Service as set forth hereunder; (b) replace or modify the Service to make it non-infringing; or (c) if options (a) or (b) are not reasonably practicable, terminate these Terms and repay You any unused Service fees. Chartlr will have no liability or obligation under this Section 12.1 with respect to any Claim if such claim is caused in whole or in part by (i) compliance with designs, data, instructions or specifications provided by You; (ii) modification of the Service by anyone other than Chartlr; or (iii) the combination, operation or use of the Service with other hardware or software where the Service would not by itself be infringing.

      The provisions of this Section 12.1 state the sole, exclusive and entire liability of Chartlr to You and constitute Your sole remedy with respect to a Claim brought by reason of Your permitted use of the Service.

    2. Indemnification by You. You agree to defend, indemnify, and hold harmless Chartlr from and against any claims, actions or demands, including, without limitation, reasonable legal and professional services fees, arising or resulting from Your breach of these Terms, or Your and Your end users’ access to, use, misuse or illegal use of the Service. Chartlr will provide You notice of any such claim, suit, or proceeding. Chartlr reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section, in which case You agree to cooperate with any reasonable requests to assist Chartlr’s defense of such matter.
  13. Assignment; entire agreement; revisions

    Either party may assign or transfer these Terms, in whole or in part, without restriction, provided the assignee agree to be fully bound by these Terms. These Terms supersede prior versions of these Terms, or any other discussions, agreements or understandings by or among the parties (other than written agreements expressly accepted and executed by both parties). We may amend these Terms from time to time, in which case the new Terms will supersede prior versions. We will notify You of such changes and direct You to the latest version.

  14. Severability

    If any provision in these Terms is held by a court of competent jurisdiction to be unenforceable, such provision shall be modified by the court and interpreted so as to best accomplish the original provision to the fullest extent permitted by law, and the remaining provisions of these Terms shall remain in effect.

  15. Relationship of the parties

    The parties are independent contractors. These Terms do not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship among the parties.

  16. Governing law and dispute resolution

    This Agreement shall be governed by and construed in accordance with the laws of The Netherlands. Any dispute or claim arising out of or in connection with this Agreement or the performance, breach or termination thereof shall be finally settled by the competent court in Amsterdam, The Netherlands.

  17. No other rights

    No other rights or licenses are granted under this Agreement, by implication, estoppel, statute or otherwise, except as expressly provided herein.


    Version 2.0 September 2015