Terms Of Service

Last updated on: April 3, 2017

By signing up for the Chartnado service (“Service”) or any of the services of Powder Software Inc. (“Powder Software”) you are agreeing to be bound by the following terms and conditions (“Terms of Service”). The Services offered by Powder Software under the Terms of Service include various products and services to help you create and manage interactive dashboards included in Microsoft Excel files. Any new features or tools which are added to the current Service shall be also subject to the Terms of Service. You can review the current version of the Terms of Service at any time at https://www.chartnado.com/terms-of-service. Powder Software reserves the right to update and change the Terms of Service by posting updates and changes to the Powder Software website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you.

You must read, agree with and accept all of the terms and conditions contained in this Terms of Service agreement, including Powder Software’s Privacy Policy before you may become a Chartnado user.

1. Account Terms

You must be 18 years or older or at least the age of majority in the jurisdiction where you reside or from which you use this Service.

To access and use the Services, you must register for a Chartnado account (“Account”) by providing your first and last names, a valid email address, and any other information indicated as required. Powder Software may reject your application for an Account, or cancel an existing Account, for any reason, in our sole discretion.

You acknowledge that Powder Software will use the email address you provide as the primary method for communication.

You are responsible for keeping your password secure. Powder Software cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password.

You are responsible for all activity and content such as photos, images, videos, graphics, written content, audio files, code, information, or data uploaded, collected, generated, stored, displayed, distributed, transmitted or exhibited on or in connection with your Account (“Materials”).

A breach or violation of any term in the Terms of Service, including the AUP, as determined in the sole discretion of Powder Software will result in an immediate termination of your services.

2. Powder Software Account

The person signing up for the Service will be the contracting party (“Account Owner”) for the purposes of our Terms of Service and will be the person who is authorized to use any corresponding account we may provide to the Account Owner in connection with the Service.

If you are signing up for the Service on behalf of your employer, your employer shall be the Account Owner. If you are signing up for the Service on behalf of your employer, then you represent and warrant that you have the authority to bind your employer to our Terms of Service.

3. General Conditions

You must read, agree with and accept all of the terms and conditions contained in these Terms of Service, including Privacy Policy before you may become a member of Powder Software.

Technical support is only provided to paying Account holders and is only available via email.

The Terms of Service shall be governed by and interpreted in accordance with the laws of the Province of Alberta and the laws of Canada applicable therein, without regard to principles of conflicts of laws. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the Province of Alberta with respect to any dispute or claim arising out of or in connection with the Terms of Service. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms of Service and is hereby expressly excluded.

You acknowledge and agree that Powder Software may amend these Terms of Service at any time by posting the relevant amended and restated Terms of Service on Powder Software’s website, available at https://www.chartnado.com/terms-of-service and such amendments to the Terms of Service are effective as of the date of posting. Your continued use of the Services after the amended Terms of Service are posted to Powder Software’s website constitutes your agreement to, and acceptance of, the amended Terms of Service. If you do not agree to any changes to the Terms of Service, do not continue to use the Service.

You may not use the Powder Software service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws), the laws applicable to you in your customer’s jurisdiction, or the laws of Canada and the Province of Alberta. You will comply with all applicable laws, rules and regulations in your use of the Service.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Powder Software.

You shall not purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use Powder Software or Powder Software trademarks and/or variations and misspellings thereof.

Questions about the Terms of Service should be sent to support@chartnado.com.

You understand that your Materials (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit Card information is always encrypted during transfer over networks.

You acknowledge and agree that your use of the Service, including information transmitted to or stored by Powder Software, is governed by its privacy policy at https://www.chartnado.com/privacy-policy

The Terms of Service may be available in languages other than English. To the extent of any inconsistencies or conflicts between these English Terms of Service and Powder Software’s Terms of Service available in another language, the most current English version of the Terms of Service at https://www.chartnado.com/terms-of-service will prevail.

4. Powder Software Rights

We reserve the right to modify or terminate the Service for any reason, without notice at any time.

We reserve the right to refuse service to anyone for any reason at any time.

We may, but have no obligation to, remove Materials and suspend or terminate Accounts if we determine in our sole discretion that the Materials uploaded or posted to an Account, violate these Terms of Service.

Verbal or written abuse of any kind (including threats of abuse or retribution) of any Powder Software customer, Powder Software employee, member, or officer will result in immediate Account termination.

Powder Software does not pre-screen Materials and it is in our sole discretion to refuse or remove any Materials from the Service.

In the event of a dispute regarding Account ownership, we reserve the right to request documentation to determine or confirm Account ownership.

Powder Software retains the right to determine, in our sole judgment, rightful Account ownership and transfer an Account to the rightful owner. If we are unable to reasonably determine the rightful Account owner, Powder Software reserves the right to temporarily disable an Account until resolution has been determined between the disputing parties.

5. Limitation of Liability

You expressly understand and agree that Powder Software shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the service.

In no event shall Powder Software or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or these Terms of Service (however arising including negligence). You agree to indemnify and hold us and (as applicable) subsidiaries, affiliates, Powder Software partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents it incorporates by reference, or your violation of any law or the rights of a third party.

Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.

Powder Software does not warrant that the Service will be uninterrupted, timely, secure, or error-free.

Powder Software does not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.

Powder Software does not warrant that the quality of any products, services, information, or other Materials purchased or obtained by you through the Service will meet your expectations, or that any errors in the Service will be corrected.

6. Waiver and Complete Agreement

The failure of Powder Software to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service and the documents it incorporates by reference constitute the entire agreement between you and Powder Software and govern your use of the Service, superseding any prior agreements between you and Powder Software (including, but not limited to, any prior versions of the Terms of Service).

7. Intellectual Property and Customer Content

We do not claim any intellectual property rights over the Materials you provide to the Powder Software service. All Materials you upload remains yours.

By uploading Materials, you agree: (a) to allow other internet users to view the Materials you post publicly; (b) to allow Powder Software to store, and in the case of Materials you post publicly, display, your Materials; and (c) that Powder Software can, at any time, review all the Materials submitted to its Service, although Powder Software is not obligated to do so.

You retain ownership over all Materials that you upload to an Account; however, by making your Materials public, you agree to allow others to view those Materials. You are responsible for compliance of the Materials with any applicable laws or regulations.

We will not disclose your confidential information to third parties, except as required in the course of providing our services. Confidential information includes any Materials or information provided by you to us which is not publicly known. Confidential information does not include information that: (a) was in the public domain at the time we received it; (b) comes into the public domain after we received it through no fault of ours; (c) we received from someone other than you without breach of our or their confidentiality obligations; or (d) we are required by law to disclose.

8. Payment of Fees

You will pay the Fees applicable to your subscription to the Service (“Subscription Fees”) and any other applicable fees, including but not limited to fees relating to the processing of transactions under your Account (“Transaction Fees”). Together, the Subscription Fees and Transaction Fees are referred to as the “Fees”.

You must keep a valid credit card on file with us to pay for all incurred and recurring Fees. Powder Software will charge applicable Fees to the credit card account that you authorize (“Authorized Card”), and Powder Software will continue to charge the Authorized Card (or any replacement card) for applicable Fees until the Services are terminated, and any and all outstanding Fees have been paid in full. Unless otherwise indicated, all Fees and other charges are in U.S. dollars, and all payments shall be in U.S. currency.

Subscription Fees are paid in advance and will be billed in 30 day intervals (each such date, a “Billing Date”). Transaction Fees and Additional Fees will be charged from time to time at Powder Software’s discretion. You will be charged on each Billing Date for all outstanding Fees that have not previously been charged. Fees will appear on an invoice, which will be sent to the Account Owner via the email provided. As well, an invoice will appear on the Account page of your Chartnado administration console. Users have approximately two weeks to bring up and settle any issues with the billing of Subscription Fees.

All Fees are exclusive of applicable federal, provincial, state, local or other governmental sales, goods and services, harmonized or other taxes, fees or charges now in force or enacted in the future (“Taxes”).

Powder Software does not provide refunds.

9. Cancellation and Termination

You may cancel your Account at anytime by accssing your Account at any time and then following the specific instructions indicated.

Upon termination of the Services by either party for any reason:

Powder Software will cease providing you with the Services and you will no longer be able to access your Account; unless otherwise provided in the Terms of Service, you will not be entitled to any refunds of any Fees, pro rata or otherwise; any outstanding balance owed to Powder Software for your use of the Services through the effective date of such termination will immediately become due and payable in full.

If at the date of termination of the Service, there are any outstanding Fees owing by you, you will receive one final invoice via email. Once that invoice has been paid in full, you will not be charged again.

We reserve the right to modify or terminate the Powder Software Service or your Account for any reason, without notice at any time.

Fraud: Without limiting any other remedies, Powder Software may suspend or terminate your Account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site.

10. Modifications to the Service and Prices

Prices for using the Services are subject to change upon 30 days notice from Powder Software. Such notice may be provided at any time by posting the changes to the Chartnado Web Site (www.chartnado.com) or the administration menu of your Chartnado Account via an announcement.

Powder Software reserves the right at any time, and from time to time, to modify or discontinue, the Service (or any part thereof) with or without notice.

Powder Software shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

11. Third Party Services

In addition to these Terms of Service, you also agree to be bound by the additional service-specific terms applicable to services you purchase from, or that are provided by, Powder Software’s partners or other third parties.

Powder Software may from time to time recommend, provide you with access to, or enable third party software, products, services or website links (collectively, “Third Party Services”) for your consideration or use.

We do not provide any warranties with respect to Third Party Services. You acknowledge that Powder Software has no control over Third Party Services, and shall not be responsible or liable to anyone for such Third Party Services. The availability of Third Party Services on Powder Software’s websites, including the the Service, or the integration or enabling of such Third Party Services with the Service does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by or with Powder Software. Powder Software strongly recommends that you seek specialist advice before using or relying on Third Party Services, to ensure they will meet your needs.

If you install or enable a Third Party Service for use with the Service, you grant us permission to allow the applicable Third Party Provider to access your data and to take any other actions as required for the interoperation of the Third Party Service with the Service, and any exchange of data or other interaction between you and the Third Party Provider is solely between you and such Third Party Provider. Powder Software is not responsible for any disclosure, modification or deletion of your data or other Materials, or for any corresponding losses or damages you may suffer, as a result of access by a Third Party Service or a Third Party Provider to your data or other Materials.

You agree to indemnify and hold us and (as applicable) our subsidiaries, affiliates, Powder Software partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, arising out of your use of a Third Party Service or your relationship with a Third Party Provider.

12. DMCA Notice and Takedown Procedure

Powder Software supports the protection of intellectual property. It’s our policy to respond to all notices of alleged copyright infringement. If someone believes that Materials submitted to an Account infringe their intellectual property rights, they can send a DMCA Notice to Powder Software’s designated agent using our form. Upon receiving a DMCA Notice, we may remove or disable access to the Materials claimed to be a copyright infringement. Once provided with a notice of takedown, the Account can reply with a counter notification using our form if they object to the complaint. The original complainant has 14 business days after we receive a counter notification to seek a court order restraining the merchant from engaging in the infringing activity, otherwise we restore the material. For more information, see our DMCA Notice and Takedown Procedure.

Powder Software Inc.
3427 23 St. N.W.
Calgary, AB, Canada
T2L 0T8