Terms of Service

Chartcastr: Drummerduck Pty Ltd, a company registered in Australia.

Service: Chartcastr's automated data visualization and delivery tool, including the website, API, and connected integrations.

Subscriber: The company, organization, or individual subscribing for access to and use of the Service.

Commencement Date: The date Subscriber subscribes for access or the date specified in an Order Form.

DPA: The data processing addendum available at /legals/dpa.

4.1. To the maximum extent permitted by law, the total aggregate liability of Chartcastr in respect of any and all claims arising under or in connection with these Terms will not exceed the total Fees paid by Subscriber to Chartcastr in the twelve (12) months immediately preceding the event giving rise to the claim.

4.2. Chartcastr excludes all liability for any consequential, indirect, special, or incidental losses, including but not limited to lost profits, loss of data, business interruption, or reputation damage, even if advised of the possibility of such damages.

4.3. Chartcastr is not responsible for any failures or delays caused by integrated third-party services, including but not limited to payment processors, cloud storage providers, or external API connections beyond Chartcastr's reasonable control.

4.4. Subscriber agrees that Chartcastr's liability is reduced to the extent that Subscriber contributed to the loss, including by failing to back up data or ignoring security protocols.

4.5. Chartcastr maintains appropriate insurance coverage for its professional liabilities, subject to the caps and exclusions set out herein.

5.1. Chartcastr and its licensors retain all right, title, and interest (including all intellectual property rights) in and to the Service, including all software, source code, algorithms, platform features, and any updates or improvements thereto.

5.2. Subscriber is granted a limited, personal, non-transferable licence to use the Service during the Term. No ownership rights are transferred to Subscriber.

5.3. Subscriber retains ownership of Subscriber Data. However, Subscriber grants Chartcastr a licence to access, store, analyse, and use Subscriber Data to provide the Service, improve our algorithms, and create anonymised analytics for business insights and platform enhancements.

6.1. Target Availability: Chartcastr aims to maintain a service uptime of 99% per calendar month, excluding planned maintenance or events outside our reasonable control.

6.2. Exclusions: Uptime targets do not apply to beta features, trial periods, or failures caused by Subscriber's systems or third-party networks.

6.3. Support: Technical support is available during standard business hours. We aim to respond to critical incidents within 24 hours.

6.4. Service Credits: If we fail to meet the target availability, Subscriber may be eligible for service credits applied as a rebate against future Fees, as our sole obligation for such failure.

7.1. Either party may terminate these Terms by providing thirty (30) days' written notice. Subscriber remains liable for all Fees during the notice period.

7.2. Chartcastr may suspend or terminate access immediately if Subscriber breaches these Terms or fails to pay Fees when due.

7.3. Post-Termination: Upon termination, Subscriber's right to access the Service ceases. Subscriber Data will be retained for thirty (30) days, after which it may be permanently deleted. Data transition services may be available upon request at additional cost.