This Terms of Service Agreement (the "Agreement") is a legal agreement between you, the user
of ChartExpo software (referred to as "you" or "user"), and ChartExpo (referred to as “Company”, "we,"
"us," or "our"). By using ChartExpo software (referred to as the “Service”), you agree to be bound by the
terms and conditions of this Agreement.
1.1 By accessing or using the Service, you acknowledge that you have read, understood, and agree to be
bound by this Agreement. If you disagree with this Agreement, do not access or use the Service.
The purpose of this Agreement is to establish the terms and conditions under which you may access and
use the Service. This Agreement outlines your responsibilities as a user of our Service, as well as our
responsibilities as a provider of the Service. This Agreement is legally binding and governs your use of the Service.
Service is a web-based application that provides various charts to its users. The Service is designed to
help users visualize data.
Our Service is constantly evolving, and we may add or remove features over time. However, we will
always ensure that the Service meets our high standards of quality and functionality.
By using the Service, you agree to be bound by the following Agreement. If you do not agree to these
terms, you may not use the Service.
To use the Service, you must be at least 18 years of age and have the legal authority to enter into this
Agreement. By registering for an account with the Company, you represent and warrant that you meet
these eligibility requirements and that the information you provide is accurate and complete.
3.1 You must provide accurate and complete registration information when creating an account, and
promptly update such information if it changes. You are responsible for maintaining the confidentiality
of your account credentials and for all activities that occur under your account. You must immediately
notify us of any unauthorized access or use of your account.
3.2 We reserve the right, in our sole discretion, to refuse or terminate access to the Service for any
reason, including, but not limited to, violation of this Agreement or applicable laws.
The Company grants you a non-exclusive, non-transferable license to access and use the Service for your
own business purposes. You may not copy, modify, distribute, sell, or transfer any part of the Service
without the prior written consent of the Company.
As a user of our Service, you are responsible for complying with all applicable laws and regulations,
including those related to data privacy, security, and intellectual property.
You agree to use our Service only for lawful purposes and in accordance with the Agreement. You also
agree not to:
(a) Use our Service in any way that violates any applicable federal, state, local, or international law or
(b) Use our Service to engage in any fraudulent, illegal, or unauthorized activity;
(c) Use our Service to distribute any malicious software or code, including viruses, worms, Trojans, or
other harmful materials;
(d) Use our Service to collect or harvest any personally identifiable information, including email
addresses or passwords, without the express consent of the individuals involved;
(e) Use our Service to transmit any content that is unlawful, harmful, threatening, abusive, harassing,
defamatory, obscene, or otherwise objectionable;
(f) Use our Service to infringe upon the intellectual property rights of others, including copyrights,
trademarks, trade secrets, patents, or other proprietary rights;
(g) Use our Service to impersonate any person or entity, or to misrepresent your affiliation with any
person or entity;
(h) Use our Service in any way that could damage, disable, overburden, or impair our servers or networks, or
interfere with any other user's use and enjoyment of our Service;
(i) Use our Service to violate the privacy or publicity rights of any person or entity;
(j) Attempt to gain unauthorized access to any portion or feature of our Service, or any other systems or
networks connected to our Service, by hacking, password mining, or any other means;
(k) Modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works based
on our Service, except as expressly authorized in writing by us;
(l) Sell, rent, lease, license, sublicense, distribute, or otherwise transfer any rights or access to our
Service to any third party without our prior written consent;
(m) Use our Service in any way that could harm or harass any other user or third party, or in any manner
that we deem inappropriate, in our sole discretion.
You agree not to use our Service to upload, post, transmit, or otherwise make available any content that:
(a) Is unlawful, harmful, threatening, abusive, harassing, defamatory, obscene, or otherwise
(b) Infringes upon the intellectual property rights of others, including copyrights, trademarks, trade
secrets, patents, or other proprietary rights;
(c) Contains viruses, worms, Trojans, or other harmful materials;
(d) Is false, misleading, or deceptive;
(e) Violates the privacy or publicity rights of any person or entity;
(f) Is protected by intellectual property laws, including but not limited to copyrights, trademarks, trade
secrets, patents, or other proprietary rights, unless you own or control the rights or have obtained all
necessary consents to do so;
(g) Constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability,
or otherwise violate any applicable law or regulation.
We reserve the right to remove or block any content that we believe violates the Agreement, or that is
otherwise objectionable or inappropriate, in our sole discretion. We also reserve the right to terminate
your access to our Service if you violate the Agreement or engage in any other inappropriate conduct, as
determined by us in our sole discretion.
Our pricing for the Service is displayed on our website and is subject to change at any time. The fees for
the Service are due and payable in advance of the Service being provided. You agree to pay the fees for
the Service in the manner specified in the Agreement, which may include credit card, or other payment
methods. If you choose to pay by credit card, you authorize us to charge your credit card for all fees due.
If payment is not received by the due date, we reserve the right to suspend or terminate your access to
the Service. If your account is suspended or terminated, you remain liable for all fees and charges
incurred up to the date of suspension or termination.
We do not and will not issue any refunds.
If you wish to cancel your subscription to our Service, you may do so at any time. If you cancel your
subscription before the end of the term for which you have paid, we will not issue any refunds for the
unused portion of the term.
If you initiate a chargeback with your bank or credit card issuer, we reserve the right to immediately
suspend or terminate your access to the Service. We also reserve the right to dispute any chargeback
and to pursue any legal remedies available to us.
We reserve the right to change this Policy at any time. We will notify you of any material changes to this
Policy by posting a notice on our website. Your continued use of our Service after the effective date of
any changes to this Policy constitutes your acceptance of those changes.
The Company retains all rights, title and interest in and to any intellectual property rights associated
with the Service provided. This includes but is not limited to copyrights, trademarks, trade secrets,
patents, and any other proprietary rights, whether or not registered or capable of registration.
The Company’s trademarks, service marks, logos, and other related branding materials ("Trademarks")
are the property of the Company and may not be used without the Company's prior written consent.
Users of the Service are not authorized to use the Company's Trademarks for any purpose without
express written permission from the Company.
The Company respects the intellectual property rights of others and expects its users to do the same. If
you believe that your work has been copied in a way that constitutes copyright infringement, please
provide the Company with a written notice that includes:
The Company will promptly investigate any such notice and take appropriate action, including removing
or disabling access to the allegedly infringing material. The Company may also terminate the accounts of
repeat infringers in appropriate circumstances.
By using the Service provided by the Company, you agree to abide by the terms set forth in this section
related to intellectual property. The Company reserves the right to modify this section at any time, and
it is the responsibility of the users to review these terms periodically to ensure compliance.
The following Warranty Disclaimer outlines the terms and conditions that govern the use of our Service.
By using our Service, you agree to the terms and conditions set forth in this Agreement. Please read this
Warranty Disclaimer carefully before using our Service.
We make no warranties or representations regarding the reliability, accuracy, or completeness of our
Service or the results obtained from the use of our Service. We expressly disclaim all warranties,
whether express or implied, including, but not limited to, the implied warranties of merchantability,
fitness for a particular purpose, and non-infringement.
In no event shall we be liable for any direct, indirect, incidental, special, or consequential damages
arising out of or in connection with the use or inability to use our Service, including, but not limited to,
damages for loss of profits, business interruption, or loss of information, even if we have been advised
of the possibility of such damages.
You agree to indemnify and hold us harmless from and against any and all claims, damages, liabilities,
costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with your use
of our Service, including, but not limited to, any violation of this Warranty Disclaimer.
In conclusion, by using our Service, you agree to the terms and conditions set forth in this Warranty
Disclaimer. If you do not agree with these terms and conditions, please do not use our Service.
This section shall survive the termination of the Agreement.
The Agreement governs the use of the Service provided by the Company to its Users. The Company
reserves the right to terminate or suspend this Agreement and the User's access to the Service at any
time and for any reason, without liability to the User.
The Company may terminate this Agreement immediately upon written notice to the User if the User
breaches any provision of this Agreement or any applicable law, regulation, or rule. In such a case, the
User will not be entitled to any refund of fees paid to the Company.
The User may terminate this Agreement at any time by canceling the Service. However, such
termination will not relieve the User of any obligations or liabilities accrued prior to the termination.
Upon termination or suspension of this Agreement, the User's access to the Service will be immediately
terminated or suspended, and the User shall immediately cease all use of the Service.
Upon termination of this Agreement, any outstanding fees owed to the Company shall become
immediately due and payable.
Termination or suspension of this Agreement shall not relieve the User of any obligations or liabilities
that accrued prior to such termination or suspension, including but not limited to any fees owed to the
Upon termination of this Agreement, the following sections shall survive: "Intellectual Property”,
"Warranty Disclaimer", "Limitation of Liability", and "Indemnification".
The Company reserves the right to take any legal action necessary to enforce this Agreement and to
pursue any remedies available to it under applicable law.
By accessing and using the Service, the User agrees to be bound by the terms and conditions of this
Agreement. If the User does not agree to the terms and conditions of this Agreement, the User should
immediately stop using the Service.
The following limitations of liability apply to your use of Service and any associated products, software,
or Service provided by us. By using our Service, you agree to these limitations.
We will not be liable for any direct, indirect, special, incidental, consequential, or punitive damages
arising from your use of our Service, even if we have been advised of the possibility of such damages.
In no event will our liability exceed the amount you paid for our Service in the twelve (12) months
preceding the date the claim arose.
We are not responsible for the loss of any data or other content that you may encounter while using our
Service. You are responsible for backing up your own data and content.
We are not liable for any claims made by third parties, including claims for copyright infringement,
trademark infringement, or defamation, arising from your use of our Service.
We will not be liable for any interruption or suspension of our Service, including but not limited to,
interruptions or suspensions caused by maintenance, upgrades, or technical problems.
By using our Service, you acknowledge and agree that these limitations of liability are fair and
reasonable, and that they form an essential basis of the agreement between us. If you do not agree to
these limitations, you should not use our Service.
The Agreement and any dispute arising from or related to this Agreement, the use of the Service offered
by the Company, shall be governed by and construed in accordance with the laws of the state or country
where the Company is headquartered, without giving effect to any principles of conflicts of law.
In the event of any dispute arising out of or relating to this Agreement, the parties agree to first attempt
to resolve the dispute through good-faith negotiation. If the dispute cannot be resolved through
negotiation, the parties agree to submit the dispute to mediation in accordance with the rules of the
American Arbitration Association ("AAA"). If the dispute is not resolved through mediation, the parties
agree to submit the dispute to binding arbitration in accordance with the rules of the AAA, and
judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
The parties agree that any arbitration or other dispute resolution proceeding shall be conducted on an
individual basis and not as a class action, and that any such proceeding will not be consolidated with any
other arbitration or other dispute resolution proceeding involving any other party.
The parties agree that any dispute resolution proceeding, including without limitation any arbitration,
will be held in a location reasonably convenient to both parties with due consideration of their ability to
travel and other pertinent circumstances. If the parties are unable to agree on a location, the AAA shall
determine the location in accordance with its rules.
The parties agree that any claim or cause of action arising out of or related to this Agreement or the use
of the Service offered by the Company must be filed within one (1) year after such claim or cause of
action arose, or be forever barred.
The failure of the Company to enforce any right or provision of this Agreement shall not constitute a
waiver of such right or provision. If any provision of this Agreement is found by a court of competent
jurisdiction to be invalid or unenforceable, the parties agree that the court should endeavor to give
effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement
shall remain in full force and effect.
The Agreement is a legally binding agreement between the User and the Company, governing the use of
our Service. By accessing or using our Service, you agree to be bound by this Agreement.
The Company reserves the right to modify or update this Agreement at any time, without prior notice to
the User. The modifications or updates will be effective immediately upon posting on our website or
notifying Users through other means of communication such as email. You are responsible for reviewing
this Agreement periodically to ensure that you are aware of any changes.
It is your responsibility to regularly check this Agreement for updates. If you continue to use our Service
after any modifications or updates to this Agreement, you will be deemed to have agreed to the revised
terms. If you do not agree to the revised terms, you should immediately stop using our Service.
Your continued use of our Service after any modifications or updates to this Agreement constitutes your
acceptance of such modifications or updates.
This Agreement constitutes the entire agreement between the parties with respect to the use of the
Service, and supersedes all prior or contemporaneous communications and proposals, whether oral or
written, between the parties with respect to such subject matter. If any provision of this Agreement is
held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be
The Company may assign this Agreement, in whole or in part, at any time with or without notice to you.
You may not assign this Agreement, or transfer any rights to use the Service, without the prior written
consent of the Company.
Neither party shall be liable for any failure or delay in performance under this agreement due to causes
beyond its reasonable control, including but not limited to, acts of God, war, terrorism, riots,
embargoes, acts of civil or military authorities, fire, floods, accidents, epidemics, or pandemics, strikes,
or shortages of transportation, facilities, fuel, energy, labor or materials. In the event of such a delay,
the time for performance shall be extended for a period equal to the time lost by reason of the delay.
The failure to enforce any right or provision of this agreement shall not be deemed a waiver of such
right or provision.
The obligations and rights of the parties under this Agreement that by their nature would continue
beyond the termination, cancelation or expiration of this Agreement shall survive any such termination,
cancelation or expiration.