1. The Terms

These terms and conditions along with any other terms or policies referenced herein (which terms or policies shall be deemed to be incorporated by reference and form an integral part hereof), as amended from time to time (the “Terms”) constitute a legally binding agreement as of the Effective Date (as defined below) governing the User’s access to and use of the Services and ChartMogul.

These Terms are between the Owner and you, either individually, or if you are acting on behalf of your employer or any other organisation or entity (an “Employer/Entity”), that Employer/Entity (the “User”, “you”, your”). If an individual represents their Employer/Entity, such individual warrants, represents, and undertakes that: (i) such individual has full legal authority to bind his or her Employer/Entity (as applicable) to these Terms; (ii) they have read and understand these Terms and agree to them on behalf of their Employer/Entity (as applicable); and (iii) that these Terms shall bind their Employer/Entity (as applicable). Without prejudice to the warranties, representations, and undertakings set out above, an Employer/Entity shall be deemed to have represented that an individual is an authorised representatives of the Employer/Entity (as applicable) if they:

• use their Employer/Entity email address when registering as a User;
• connect an Employer/Entity email address to the Services;
• use their Employer/Entity details when adding billing details;
• add or sync contacts or opportunities; or

If you do not agree to comply with, and be bound by the Terms or if the person purporting to bind the User to the Terms does not have authority to bind the User, please do not access ChartMogul or use the Services.

2. Information about Mecare

Mecare analytics and revenue reporting platform which allows Users to track the financial performance of their subscription business, as well as a Customer Relationship Management tool which allows Users to manage internal and external interactions with or regarding customers and prospects.

3. Content provided by the User

Users are responsible for their own data and content, and that of third parties that they share through ChartMogul, that they upload or post on or through ChartMogul, or that they transfer by any other means (“User Data”). Users warrant and represent that they have the lawful basis for third parties whose data and/or content they input or import in the course of their use of the Services or otherwise share with the Owner.

The Owner does not moderate the content provided by Users or by third parties but will act if complaints are received from Users or if orders are issued by the public authorities regarding content deemed offensive or illegal. The Owner reserves the right, without liability or prejudice to its other rights to the User, to disable the User’s access if the Owner becomes aware of any use of any material that breaches the provisions of this clause.

4. Registration

In order to use the Services or any part of it, Users must accept these Terms in full and register in a truthful and complete manner by providing all the required information in the relevant registration form. All personal data will be processed in accordance with the Privacy Policy. Users are responsible for keeping their login credentials confidential.

After registering on ChartMogul, subject to the restrictions set out in these Terms, Users can import User Data stored in third-party services of their choice supported by ChartMogul into the application. Users may also import User Data into the application by uploading it via ChartMogul’s APIs or simply by manually adding it into the application user interface.

The Owner shall be entitled to make changes to the Services and significant changes shall be notified to the User.

5. Term and Termination

ALL PAID SUBSCRIPTIONS SHALL, UNLESS OTHERWISE AGREED BETWEEN THE OWNER AND THE USER IN A SERVICE ORDER, BE RECURRING SUBSCRIPTIONS WHICH RENEW AUTOMATICALLY AT THE END OF EACH BILLING PERIOD THROUGH THE SAME PAYMENT METHOD THAT THE USER CHOSES ON THE SUBSCRIPTION DATE. THE RENEWED SUBSCRIPTION WILL LAST FOR THE SAME PERIOD OF TIME AS THE ORIGINAL BILLING PERIOD (FOR THE AVOIDANCE OF DOUBT, IF THE ORIGINAL BILLING PERIOD IS ONE CALENDAR MONTH, EACH RENEWAL PERIOD SHALL BE ONE CALENDAR MONTH).

EITHER PARTY MAY CANCEL A SUBSCRIPTION WITH EFFECT FROM THE END OF THE THEN CURRENT BILLING PERIOD BY NOTICE IN WRITING TO THE OTHER PARTY, IN WHICH CASE THE SUBSCRIPTION WILL NOT RENEW AT THE END OF THAT BILLING PERIOD. CANCELLATION REQUESTS MAY TAKE UP TO 5 DAYS TO PROCESS.

IF ANY OF THE FOLLOWING EVENTS OCCUR, THE OWNER SHALL HAVE THE RIGHT TO SUSPEND OR TERMINATE THE USER’S SUBSCRIPTION WITHOUT NOTICE:

• A BREACH OF ANY OF THE TERMS BY THE USER OR ANY OF THE ACCOUNT USERS;
• THE USER IS, OR IS DEEMED FOR THE PURPOSES OF ANY RELEVANT LAW TO BE, UNABLE TO PAY ITS DEBTS AS THEY FALL DUE OR TO BE INSOLVENT;
• ANY LIQUIDATOR, PROVISIONAL LIQUIDATOR, RECEIVER, OR EXAMINER IS APPOINTED TO OR IN RESPECT OF THE USER OR ANY OF ITS ASSETS OR ANYTHING ANALOGOUS TO ANY OF THE FOREGOING UNDER THE LAW OF ANY JURISDICTION OCCURS IN RELATION TO THE USER.

THE PROVISIONS OF THIS CLAUSE, “TERM AND TERMINATION” AND THE CLAUSES ENTITLED “INDEMNITY”, “SERVICES PROVIDED “AS IS” AND LIMITATIONS OF LIABILITY”, “GOVERNING LAW”, “CUSTOMER OBLIGATIONS”, AND “CONTENT PROVIDED BY THE USERS” SHALL SURVIVE THE TERMINATION OF ANY SUBSCRIPTION, TRIAL, OR OTHER USE OF SERVICES OR CHARTMOGUL, HOWEVER IT ARISES, AND SHALL CONTINUE TO BIND THE PARTIES OR THE RELEVANT PARTY (AS APPLICABLE) WITHOUT LIMIT IN TIME.

WITHOUT PREJUDICE TO ANY OTHER RIGHT THAT THE OWNER MAY HAVE, IT MAY SUSPEND THE SERVICES OR ANY PART THEREOF UPON WRITTEN NOTICE TO THE USER WHERE: