Chartmetric Terms of Service

These Terms of Service ("Terms") constitute a legally binding agreement between you and Chartmetric, Inc. ("Chartmetric," "we," "us," or "our") and govern your access to and use of our Services. By accessing, registering for, or using any part of the Services, you agree to be bound by these Terms, our Privacy Policy, and any additional terms referenced herein or made available to you.

These Terms are enforceable under applicable contract, intellectual property, data protection, and consumer protection laws in the United States, European Union, and other jurisdictions. You are encouraged to read them carefully and consult legal counsel if you are unsure of your rights or obligations.

1. Definitions

"Services" refers to all proprietary digital and data services, tools, websites, dashboards, software, applications, APIs, reports, communications, and documentation offered by Chartmetric.

"User," "you," or "your" means any individual or entity who accesses or uses the Services, whether through a paid subscription, free trial, or promotional offer.

"Subscription" means a license to access specific features or components of the Services for a defined duration, subject to payment terms.

"Content" includes all data, visualizations, analytics, metrics, reports, or dashboards provided through the Services.

"Plan" refers to the specific Service tier chosen by the User, such as Free, Artist, Manager, Premium, Developer API, Custom Data Share, or Custom Dashboards.

2. Acceptance of Terms

By using the Services, you:

• Acknowledge that you have read, understood, and agreed to these Terms;
• Represent that you are at least 18 years of age or of legal majority in your jurisdiction;
• Warrant that, if using the Services on behalf of an organization, you have full authority to bind that entity to these Terms;
• Agree to comply with all applicable laws and regulations.

If you do not accept these Terms, you must not use or access the Services. Continued use of the Services following any changes constitutes your acceptance of those changes.

3. Scope of Services

Chartmetric provides tools and data infrastructure for analyzing music and audience trends. The Services include access to:

• Real-time and historical performance data;
• Playlist tracking and social engagement analytics;
• Radio airplay detection and audience insights;
• Developer-accessible APIs and SQL-based data integrations;
• Visual dashboards and custom reporting tools.

Service availability may depend on your selected Plan. We reserve the right to add, modify, restrict, or discontinue any aspect of the Services at our discretion.

4. Eligibility and Global Use

Chartmetric welcomes users from all industries, geographies, and organizational structures. Our Services are available globally and designed to comply with major international regulatory frameworks.

By creating an account, you represent that you are legally entitled to use the Services under the laws of your jurisdiction, including export control, data privacy, and consumer protection regulations.

5. Account Responsibilities

You are responsible for all activity occurring under your account. You agree to:

• Maintain accurate account information;
• Keep login credentials secure and confidential;
• Immediately report unauthorized access to [email protected];
• Restrict access to authorized users only if using a team or organizational account.

You are liable for any damages caused by misuse of your account, including violations by collaborators or employees.

6. Subscription, Billing, and Payment Terms

6.1. Subscription Agreement

Subscriptions grant time-limited, revocable, non-transferable access to the Services. Your rights under any Subscription are conditional upon timely payment.

6.2. Billing and Renewal

• Subscriptions are billed in advance and renew automatically at the end of each billing cycle;
• You authorize us to charge your designated payment method for all recurring fees;
• Failed or declined payments may lead to temporary suspension or termination of access;
• We reserve the right to adjust prices or features with 30 days' notice.

6.3. Plan Switching Restrictions

To ensure fair use and avoid system abuse, Users may only switch between Plans a maximum of two (2) times within any rolling 30-day period. Excessive plan switching, particularly to exploit pricing or billing cycles, may result in account review, access limitations, or suspension.

7. Cancellation and Refunds

You may cancel your Subscription at any time through your account settings or by contacting [email protected]. Upon cancellation, access to the Services will continue until the end of your current billing period.

Unless otherwise required by law, Chartmetric does not issue refunds for:

• Partial billing periods;
• Unused Services;
• Voluntary downgrades or cancellations during an active term;
• Account suspension due to non-compliance with these Terms.

Refunds may be granted solely at our discretion or if required by applicable law, and only in the following cases:

• Billing errors or incorrect charges;
• Duplicate payments;
• Legal entitlements in your jurisdiction (e.g., EU consumer protection laws).

7.1. Unpaid or Lapsed Subscriptions

If a payment is declined or remains unpaid after a reasonable retry window, we may:

• Attempt to reprocess the payment using your authorized method;
• Temporarily restrict or suspend access to the Services;
• Downgrade your account to a limited-access state;
• Terminate the Subscription entirely after continued non-payment.

You remain responsible for any outstanding charges incurred prior to suspension or termination.

8. Free Trials

Free trials (e.g., 7-day access) may be granted to new users. Unless canceled before the end of the trial, your payment method will be charged automatically. Trial eligibility is determined by Chartmetric and may be revoked in cases of abuse or duplication.

Chartmetric reserves the right to use fraud detection, IP tracking, and user-agent fingerprinting to enforce trial limits. Attempts to create multiple trial accounts are strictly prohibited and may result in permanent bans.

9. Discounts and Promotional Pricing

We may offer limited-time discounts or promotional pricing:

• Discounts are non-transferable and may not be combined unless explicitly allowed;
• Promotional pricing typically applies only to the initial term;
• Standard pricing resumes after renewal unless otherwise stated in writing;
• Misuse of promotions (e.g., creating multiple accounts) may result in termination;
• Promotional codes must be applied at time of purchase and cannot be applied retroactively;
• Promotions may apply only to eligible Plans as specified in the offer.

10. Affiliate and Referral Programs

Chartmetric offers affiliate programs via trusted third-party affiliate platforms. These programs are governed by separate terms. By participating, you agree that:

• Payouts are subject to verification and fraud prevention protocols;
• Referrals must originate from legitimate third-party users (no self-referrals);
• Chartmetric may withhold or reverse payments for invalid or suspicious referrals;
• We may discontinue or revise program terms at any time without liability;
• Chartmetric is not liable for lost commissions due to technical issues, changes to terms, or account suspensions;
• Affiliates are solely responsible for complying with all applicable tax, marketing, and consumer regulations in their jurisdiction.

Affiliates are independent and not agents or representatives of Chartmetric.

11. Product Overview

All users may select the plan that best fits their needs. Plans include:

• Artist Plan: Focus on a single artist profile with essential insights.
• Manager Plan: Access up to 10 profiles and comparative analytics.
• Premium Plan: Full access to global datasets, filters, and insights.
• Developer API: Programmatic access to core data endpoints.
• Custom Data Shares: Read-only warehouse integration via Snowflake, BigQuery, or Databricks.
• Custom Dashboards: White-label or enterprise-facing UI packages.

12. Acceptable Use

You agree not to:

• Circumvent access limits or licensing constraints;
• Use bots or automated tools to extract data without authorization;
• Use our Services to develop a competing product or reverse engineer functionality;
• Share access credentials beyond your authorized team members;
• Upload harmful code or attempt to compromise our systems.

Violations may lead to immediate termination, legal recourse, and potential damages.

13. Ownership and Intellectual Property

All intellectual property rights in the Services are retained by Chartmetric and its licensors. You receive only a limited license to access the Services, conditioned on compliance with these Terms.

You may not:

• Copy, store, redistribute, or resell any part of the Services;
• Remove any proprietary notices;
• Use Chartmetric’s trademarks or logos without explicit authorization;
• Claim ownership of any derived content from the Services.

We reserve all rights not expressly granted.

14. Confidentiality

You may not disclose any non-public, confidential, or proprietary information received through enterprise Services, unless:

• Required by law;
• Authorized in writing;
• Already lawfully in your possession.

This clause survives termination.

15. Data Protection and Compliance

Chartmetric processes data in accordance with its Privacy Policy, the EU GDPR, UK GDPR, CCPA, and other applicable laws. Where required, we will enter into a Data Processing Addendum (DPA).

You are responsible for:

• Ensuring your own legal basis for data processing under applicable laws;
• Obtaining consent where required;
• Not uploading or transferring unlawful or sensitive personal data unless legally permitted.

16. Third-Party Integrations

We are not liable for the performance, availability, or behavior of third-party services you integrate with Chartmetric, including:

• Data warehouses (e.g., Snowflake, BigQuery);
• External identity providers;
• Payment processors or affiliate platforms.

Use of such tools is at your own risk.

17. Suspension and Termination

We may suspend or terminate your access to the Services, with or without notice, for any of the following reasons:

• Breach of these Terms;
• Suspected abuse, fraud, or misrepresentation;
• Non-payment of subscription fees;
• Legal or regulatory requirement.

Upon termination:

• Your access will be revoked immediately;
• All licenses will terminate;
• You will remain liable for outstanding fees.

18. Disclaimers

THE SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, CHARTMETRIC DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING:

• MERCHANTABILITY;
• FITNESS FOR A PARTICULAR PURPOSE;
• NON-INFRINGEMENT;
• CONTINUITY OR ERROR-FREE OPERATION.

Use of Services is at your own risk. Data insights are intended for informational purposes only.

19. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CHARTMETRIC IS NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES.

CHARTMETRIC'S TOTAL CUMULATIVE LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID TO CHARTMETRIC IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM.

Some jurisdictions do not allow certain limitations of liability. If such laws apply to you, our liability will be limited to the maximum extent permitted.

20. Governing Law

These Terms are governed by the laws of the State of California, United States, excluding its conflict-of-laws rules. Any disputes shall be resolved in the state or federal courts located in San Francisco County, California.

If you are located in a jurisdiction that requires mandatory consumer dispute rights (e.g., the EU), those rights shall not be waived.

21. Amendments

We may modify these Terms at any time. Material changes will be communicated via email or in-product notifications at least 30 days before taking effect. Your continued use of the Services constitutes acceptance.

22. Entire Agreement and Severability

These Terms, including referenced documents, constitute the entire agreement between you and Chartmetric. If any provision is held invalid, the remaining provisions will remain in effect.

23. Contact

Questions, requests, or legal notices may be directed to:

Email: [email protected]

End of Terms