These are the terms of use for:

  • Chartgenie mobile application (Available on the App Store).
  • https://chartgenie.io

By downloading and using the platform, you agree to these terms of use and our privacy policy. In these terms of use, the words “platform” refers to the Chartgenie mobile application and the Chartgenie website together, “we”, “us”, “our” and “Chartgenie” refers to Chartgenie and “you” and “user” refers to you, the Chartgenie user.

The following terms and conditions apply to your use of the platform. This includes mobile and tablet versions, as well as any other version of Chartgenie accessible via desktop, mobile, tablet, social media or other devices.

PLEASE READ THESE CONDITIONS CAREFULLY BEFORE DOWNLOADING AND USING THE FUNCTIONALITIES AVAILABLE ON THE PLATFORM.

1. Acceptance of Terms

By downloading and using the platform you agree to be bound by this agreement. If you do not agree to the terms of this agreement, you must not use our platform. We may modify this agreement from time to time, and such modification will be effective upon posting on the platform. You agree to be bound by any modification of these terms and conditions when you use Chartgenie after the posting of such modification; therefore, it is important that you review this agreement regularly.

By downloading and using the platform, you represent and warrant that you have full right, power and authority to enter into this agreement and to fully perform all of your obligations hereunder. You further represent and warrant that you are not under any legal incapacity or contractual restriction that would prevent you from entering into this agreement.

2. Notifications

By providing your email address to Chartgenie, you agree that we may use your email address to send you notifications and other messages, such as changes to service features, news and special content. If you do not wish to receive these emails, you may opt-out of receiving them by submitting your unsubscribe request through the contact information or by using the “unsubscribe” option in the emails. Unsubscribing may prevent you from receiving notifications and emails about updates, news or special content related to Chartgenie.

3. Subscriptions

Chartgenie offers the following subscriptions:

  • Chartgenie FREE
  • Chartgenie PRO

The user acknowledges that there are different types of subscriptions available on the platform, each with specific features and benefits. The type of subscription selected and its details will be clearly specified on the website.

In the case of the free subscription, users of the platform can enjoy basic access and features free of charge. The free subscription is provided on an ongoing basis and does not require periodic renewal.

By confirming the subscription, you authorise Apple to charge you for the subscription type selected based on the terms and conditions set forth by the platform. You agree to be billed for the subscription through your Apple account and Apple ID.

All in-app subscriptions purchased through the App Store will automatically renew at the end of the current subscription period, unless the user cancels the subscription prior to the renewal date. You are responsible for managing and cancelling subscriptions through your Apple account. The user will be able to cancel the subscription through the “settings” section and then under “subscriptions”.

Chartgenie reserves the right to adjust subscription prices at any time, subject to at least 3 days’ notice to the user via the App Store platform. You agree that price changes will automatically take effect at the next subscription renewal.

You may cancel your subscription at any time from your Apple account. No refunds will be granted for unused subscription periods. Upon cancellation, you will retain the benefits of the subscription until the end date of the current subscription period.

By continuing with the purchase of a subscription on the Chartgenie platform, the user confirms to have read, understood and accepted the terms and conditions set out in this subscriptions clause.

4. Limitation of liability

The platform is provided for the purpose of allowing users to create customised graphs of their information. However, the accuracy of the information contained in the generated graphs is the sole responsibility of the user. The platform does not guarantee the accuracy of the information represented in the graphs.

Users are responsible for ensuring that the data used to create the charts is accurate and up to date. Chartgenie is not responsible for any errors or inaccuracies in the data provided by the user.

The platform may have technical or functional limitations, and is not guaranteed to be suitable for all purposes or to meet all individual user expectations.

In no event shall Chartgenie be liable for any direct, indirect, incidental, special or consequential damages, including, but not limited to, loss of data, profits or business interruption, arising out of the use or inability to use the platform.

The developers of the platform strive to keep the platform up to date and functioning properly, but do not guarantee the uninterrupted availability or the absence of errors in the platform.

By visiting the website and accessing the content available on the website (blog), you accept personal responsibility for the results of the use of the information and content available on the website. You agree that Chartgenie Knowledge does not guarantee the results of actions advised or not advised by this website and the content available on the website. Chartgenie Knowledge provides resources and content for informational purposes only. You acknowledge and agree that your ultimate success or failure in using the information and content available on the website will be the result of your own efforts, your particular situation and a number of other circumstances that are beyond Chartgenie Knowledge’ control.

5. License to use the platform

Chartgenie grants you a personal, worldwide, royalty-free, non-assignable, non-exclusive license to use the Chartgenie platform and downloadable through the App Store free of charge, including but not limited to modified versions, updates, upgrades, enhancements, improvements, additions, additions and copies, if any. This license is for the sole purpose of allowing you to use the features available on the platform in the manner permitted by these terms. You may not copy, modify, distribute, sell or lease any part of our platform or the included software, nor may you reverse engineer or attempt to extract the source code of such software, unless such restrictions are prohibited by law, or unless you have our written permission.

You agree not to use the platform and the services and platform in a negligent, fraudulent or unlawful manner. The user also undertakes not to engage in any conduct or action that could damage the image, interests or rights of Chartgenie or any third party.

Chartgenie reserves the right to terminate the user’s access immediately, with or without notice, and without liability to the user, if Chartgenie considers that the user has violated any of these terms.

6. User content

The platform allows users to create and share custom graphics of their information and provides users with the ability to upload, store and share self-generated content.

By using the platform, you retain full and exclusive ownership of all user content that you upload, store or share through the Application.

By providing user content through the platform, you grant Chartgenie a non-exclusive, worldwide, royalty-free, sub-licensable license to use, reproduce, modify, adapt, publish, translate, distribute and display your user content for the sole purpose of operating and improving the platform.

Chartgenie is committed to protecting the privacy and confidentiality of your user content in accordance with its privacy policy. However, the confidentiality of your user content is not guaranteed, and you understand that sharing your user content on the platform will make it accessible to other users of the platform.

You are solely responsible for any user content you provide through the platform. This includes, but is not limited to, the legality, accuracy, completeness and appropriateness of such content. Chartgenie assumes no responsibility for user content provided by users.

Chartgenie reserves the right, but has no obligation, to remove or restrict access to any user content that violates the platform’s terms of service or any applicable law.

It is your responsibility to maintain backup copies of your user content, as Chartgenie does not guarantee the continued retention or availability of your user content.

By providing user content, you warrant that you have all necessary rights to do so and that your user content does not infringe the rights of any third party, including intellectual property rights.

7. Copyright

All materials on Chartgenie, including, without limitation, names, logos, trademarks, games, images, text, columns, graphics, videos, photographs, illustrations, software and other elements are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by Chartgenie or by third parties that have licensed or otherwise provided their material to the platform. You acknowledge and agree that all Materials on Chartgenie are made available for limited, non-commercial, personal use only. Except as specifically provided herein. No material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without Chartgenie prior express written permission. You may not add, delete, distort, or otherwise modify the material. Any unauthorised attempt to modify any material, to defeat or circumvent any security features, or to utilise Chartgenie or any part of the material for any purpose other than its intended purposes is strictly prohibited.

8. Copyright infringement

Chartgenie will respond to all enquiries, complaints and claims relating to alleged infringement by breach or violation of the provisions contained in Irish and international copyright and intellectual property laws and regulations. Chartgenie respects the intellectual property of others and expects users to do the same. If you believe, in good faith, that any material provided on the Chartgenie website infringes your copyright or other intellectual property rights, please submit your request via our contact information, with the following information:

  • Identification of the intellectual property right that is allegedly infringed. All relevant registration numbers or a statement regarding ownership of the work should be included
  • A statement that specifically identifies the location of the infringing material, in sufficient detail so that Chartgenie can find it on the platform
  • Your name, address, telephone number and email address
  • A statement by you that you have a good faith belief that the use of the allegedly infringing material is not authorised by the copyright owner, or its agents, or by law
  • A statement by you, made under penalty of perjury, that the information in your notification is accurate, and that you are the copyright owner or authorised to act on its behalf
  • An electronic or physical signature of the copyright owner or of the person authorised to act on the copyright owner’s behalf

9. Prohibited activities

The content and information available on the platform (including, but not limited to, data, information, text, music, sound, photos, graphics, video, maps, icons or other material), as well as the infrastructure used to provide such content and information, is proprietary to Chartgenie or licensed to the Chartgenie by third parties. For all content other than your content, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software or services obtained from or through the platform. In addition, the following activities are prohibited:

  • Access, monitor, reproduce, distribute, transmit, broadcast, display, sell, license, copy or otherwise exploit any content of the services, including but not limited to, using any robot, spider, scraper or other automated means or any manual process for any purpose not in accordance with this agreement or without our express written permission
  • Violate the restrictions in any robot exclusion headers on the services or bypass or circumvent other measures employed to prevent or limit access to the services
  • Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure
  • Deep-link to any portion of the services for any purpose without our express written permission
  • “Frame”, “mirror” or otherwise incorporate any part of the platform into any other websites or service without our prior written authorisation
  • Attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by Chartgenie
  • Circumvent, disable or otherwise interfere with security-related features of the platform or features that prevent or restrict use or copying of any content

10. Disclaimer of warranties

Because of the nature of the Internet Chartgenie provides and maintains the platform on an “as is”, “as available” basis and makes no promise that use of the platform will be uninterrupted or entirely error free. We are not responsible to you if we are unable to provide our Internet services for any reason beyond our control

Except as provided above we can give no other warranties, conditions or other terms, express or implied, statutory or otherwise and all such terms are hereby excluded to the maximum extent permitted by law.

You will be responsible for any breach of these terms by you and if you use the platform in breach of these terms you will be liable to and will reimburse Chartgenie for any loss or damage caused as a result.

Chartgenie shall not be liable for any amount for failure to perform any obligation under this Agreement if such failure is due to the occurrence of any unforeseen event beyond its reasonable control, including, without limitation, Internet outages, communications outages, fire, flood, or any uncontrollable act of nature.

These terms do not affect your statutory rights as a consumer which are available to you.

Subject as aforesaid, to the maximum extent permitted by law, Chartgenie excludes liability for any loss or damage of any kind howsoever arising, including without limitation any direct, indirect or consequential loss whether or not such arises out of any problem you notify to Chartgenie and Chartgenie shall have no liability to pay any money by way of compensation, including without limitation all liability in relation to:

  • Any incorrect or inaccurate information on the platform
  • The infringement by any person of any Intellectual Property Rights of any third party caused by their use of the platform
  • Any loss or damage resulting from your use or the inability to use the platform or resulting from unauthorised access to, or alteration of your transmissions or data in circumstances which are beyond our control

    • Any loss of profit, wasted expenditure, corruption or destruction of data or any other loss which does not directly result from something we have done wrong

  • Any amount or kind of loss or damage due to viruses or other malicious software that may infect a user’s computer equipment, software, data or other property caused by persons accessing or using content from the platform or from transmissions via emails or attachments received from Chartgenie
  • All representations, warranties, conditions and other terms which but for this notice would have effect

11. Electronic communications

Chartgenie will not accept any responsibility for failed, partial or garbled computer transmissions, for any breakdown, failure, connection or availability of computer, telephone, network, electronic or Internet hardware or software, for Internet accessibility or availability or traffic congestion or for any unauthorised human acts, including any errors or mistakes.

12. Indemnification

You agree to indemnify, defend and hold harmless the platform, its officers, employees, affiliates and suppliers against any claims, losses, damages, costs and expenses (including reasonable legal fees) resulting from or related to your misuse of the platform or violation of this clause.

13. Changes

We may change the platform and these terms at any time, in our sole discretion and without notice to you. You are responsible for remaining knowledgeable about these terms. Your continued use of the platform constitutes your acceptance of any changes to these terms and any changes will supersede all previous versions of the terms. Unless otherwise specified herein, all changes to these terms apply to all users take effect.

14. Integration clause

This agreement together with the privacy policy and any other legal notices published by Chartgenie, shall constitute the entire agreement between you and Chartgenie concerning and governs your use of the platform.

15. Severability

If any section of these terms is held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. Our failure to enforce or delay in enforcing any provision of these terms at any time does not waive our right to enforce the same or any other provision in the future.

16. Force majeure

Chartgenie shall not be liable for any failure to perform due to causes beyond its reasonable control, including, without limitation, fortuitous events, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts that may be due to unforeseen circumstances.

17. Termination

Both the user and Chartgenie acknowledge that failure to comply with these terms and conditions may result in termination of the agreement between both parties.

In case of non-compliance by the user: If the user fails to comply with any of the terms set forth in these terms and conditions, Chartgenie reserves the right to unilaterally terminate the user’s access to and use of the platform. Chartgenie may take this action without prior notice, and the User will automatically lose all rights to access and use the platform. Furthermore, Chartgenie shall not be liable for any loss of data or information associated with the user’s account.

In case of non-compliance by Chartgenie: If Chartgenie fails to comply with its obligations under the agreed terms and conditions, the User shall be entitled to terminate the agreement and stop using the platform. The user shall notify Chartgenie in writing of the breach and allow a reasonable time for Chartgenie to remedy the situation. If Chartgenie does not remedy the breach within the set period, the user may proceed with the termination of the agreement.

Termination of the agreement shall not release either party from any obligations and liabilities that have arisen prior to the date of termination.

Continued use of the platform after termination of the agreement by either party shall imply acceptance of the conditions set forth in the terms and conditions in effect at that time.

18. Disputes

The user agrees that any dispute, claim or controversy arising out of or relating to these terms and conditions, or the breach, termination, enforcement, interpretation or validity thereof or the use of the platform, shall be resolved by binding arbitration between the user and Chartgenie, provided that each party retains the right to bring an individual action in a court of competent jurisdiction.

In the event a dispute arises in connection with your use of the platform or breach of these terms and conditions, the parties agree to submit their dispute to mediation or arbitration resolution before a reputable arbitration organisation as mutually agreed by the parties and in accordance with applicable commercial arbitration rules.

To the fullest extent permitted by law, you agree that you will not file, join or participate in any class action lawsuit in connection with any claim, dispute or controversy that may arise in connection with your use of the platform.

The courts of Ireland shall have jurisdiction over any dispute, controversy or claim relating to Chartgenie and its business operations. Any such dispute or controversy shall be brought and resolved in the courts of Ireland.

19. Final provisions

These conditions are governed by the laws of Ireland. Use of the Chartgenie platform is unauthorised in any jurisdiction that does not give effect to all provisions of these terms and conditions.

Our performance of these terms is subject to existing laws and legal process, and nothing contained in these terms limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of our platform or information provided to or gathered by us with respect to such use.

Any rights not expressly granted herein are reserved.

20. Contact Information

If you have questions or concerns about these terms, please contact us through our contact forms or by using the following contact information:

Chartgenie

support@chartgenie.io