Terms and conditions

The following terms and conditions constitute a legal agreement between Highsoft AS, a company established and operating under the laws of Norway, with company no. 996 840 506 and address Sentrumsgata, 6893 Vik i Sogn, Norway (hereinafter referred to as “Highsoft”) and You. Highsoft and You hereinafter referred to jointly as “the Parties”. The purpose of this Agreement is to state the terms of use governing the use of Highcharts Cloud.

  1. DEFINITIONS

    • “Agreement” shall mean these Terms of Use and Highsoft’s Refund Policy and Privacy Policy referred to herein
    • “Delivery Date” shall mean the invoice date on the invoice from Highsoft.
    • “Highcharts Cloud” shall mean the subject matter of this Agreement, i.e. the software hosted by Highsoft on its servers and made available to You under the Agreement
    • “Highsoft’s Website” shall mean www.highcharts.com
    • “Licence” shall mean the right granted to You in section 3 below to use Highcharts Cloud in accordance with the subscription plan chosen by You
    • “Licence Fee” shall mean the up front fee(s) payable by You for the right to use Highcharts Cloud according to the prices specified at Highsoft’s website
    • “You” shall mean the company or individual purchasing Highcharts Cloud and thereby submitting to the terms and conditions of this Agreement
  2. HIGHSOFT’S RIGHT TO CHANGE THE AGREEMENT

    Highsoft may at any time, without notice, modify the Agreement and the price and price structure for Highcharts Cloud. Such modifications shall be published on Highsoft’s website and shall be legally binding for You from the Delivery Date and each renewal of your License thereafter. It is your responsibility to keep track of such possible modifications in all relevant documents prior to each renewal.

  3. SCOPE OF AGREEMENT

    Highsoft grants to You, and You accept, a non-exclusive, non-transferable and non-sublicenseable right to use Highcharts Cloud, in accordance with the Agreement. The License covers Highcharts Cloud “as is” at the Delivery Date, subject to modifications in accordance with Section 8 Maintenance and Support, below. When registering an account, You are granted a right to use Highcharts Cloud only as expressly permitted herein. You shall have the right to switch between different subscription plans during the contract period. Check out Highsoft’s Refund Policy for more information. Your account shall be used solely by You. You shall not publish or otherwise make Highcharts Cloud available to others, or rent, lease or lend Highcharts Cloud to others. You shall not reverse engineer and/or compile or disassemble Highcharts Cloud. The License is restricted to normal use of Highcharts Cloud that do not adversely affect Highcharts Cloud or other Highcharts Cloud customers’ use of or access to Highcharts Cloud, such as generating large volumes of traffic on the network, which greatly impacts the service we offer to other paying customers. You are obliged to not use Highcharts Cloud in any way that could harm it or impair the use of it by any other lawful user. This also applies to provision of unlimited charts. Highsoft retains the right to exclude users and remove or block inappropriate charts and data.

    You are responsible for compliance with the provisions set forth in the Agreement.

  4. TERM OF AGREEMENT

    This Licence granted under the Agreement commences on the Delivery Date and shall be valid for one month. It is Your responsibility to retrieve and backup all account contents before termination.

    Unless explicitly cancelled, the Licence granted under this Agreement shall automatically be renewed for another contract period upon its expiration. Check out Refund Policy for more information. Highsoft may terminate Highcharts Cloud without cause, at any time. Notice of termination of Highcharts Cloud by Highsoft is sent to the contact e-mail associated with your account. Upon termination, all data, files, or other information will be stored in our servers until your charts have been inactive for 6 months.

  5. PRICE AND PAYMENT

    The prices applicable at any time are listed on Highsoft’s website excl. any applicable VAT. You shall ensure that your contact and payment information at all times is accurate and up-to-date.

    Payment is due in advance at the start of each billing cycle. You will receive an invoice by email for each withdraw. Your billing cycle starts on the invoice date.

  6. INTELLECTUAL PROPERTY RIGHTS

    All Intellectual Property Rights in and related to Highcharts Cloud, are and shall remain owned solely, exclusively and in its entirety by Highsoft. Nothing in this agreement shall be held or interpreted as transferring any such proprietary rights to You. Any pre-existing intellectual property and other content, including customer data, which You provide or upload to Highsoft’s server under this Agreement shall remain your property. You shall also retain the ownership to all data sets and charts you make by using Highcharts Cloud. However, using Highcharts Cloud operates as your consent to grant Highsoft a worldwide, royalty-free, non-exclusive license to host and use any such content provided by You, and You hereby warrant that You have all the rights necessary to grant Highsoft such rights. This Agreement entitles Highsoft to use or make reference to Your name, brand, logo or similar for marketing purposes.

  7. SECURITY

    By using Highcharts Cloud, you accept that the information and data You submit, post or display may be viewed by other users of Highcharts Cloud. You should therefore only provide information and data that are lawful and that You are comfortable sharing with other users obliged by such terms and conditions as set forth herein. You shall in any event not upload, post, host, transmit or in other ways make available to or from Highcharts Cloud unsolicited e-mail or SMS messages, “Spam” messages, worms, viruses, Trojan horses or other code of destructive nature, questionable or illegal content, content that is pornographic, sexually explicit or violent, content that is reasonably likely to cause harm, or that could be reasonably considered as slanderous or libellous and/or could breach the privacy of any third party, or any other unlawful content (including content infringing any Intellectual Property Rights belonging to a third party). Highsoft shall take reasonable measures to protect Your information and data from loss. Highsoft is however not responsible for any information or data that may be lost or unrecoverable. It is Your responsibility to always keep a local copy of data that you have uploaded to Highcharts Cloud. Highsoft will permanently remove deleted charts when they have been inactive for 6 months. Charts that are not linked to a user account (anonymous charts) will be automatically deleted when there is no request registered for the specific chart in a period of 6 months. Check out Highsoft’s Privacy Policy for more information regarding routines and Your obligations as to confidentiality, security and third-party services. The provisions of this Section 7 shall survive termination of this Agreement for so long as the Confidential Information remains confidential.

  8. MAINTENANCE AND SUPPORT

    During the term of this Agreement You shall, without extra costs, have full access to Highcharts Cloud online support forum as set forth on Highsoft’s website. Technical support is limited to e-mail support during business hours in time zone CET. Maintenance releases such as bug fixes and new versions issued during the contract period shall automatically be available to You with no extra cost. Highsoft does not make any commitment to update Highcharts Cloud.

  9. WARRANTY

    Highsoft warrants that it has all necessary rights to grant the License, and that Your use of Highcharts Cloud will not infringe any Intellectual Property Rights of any third party. Highsoft makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Highsoft does not warrant or make any representations concerning the accuracy, likely results, security or reliability of the use of the Highcharts Cloud.

  10. LIMITATIONS OF LIABILITY

    In no event regardless of any negligence shall Highsoft be liable for any consequential, incidental, indirect, special or consequential damages, including but not limited to any lost revenue, profits, investments, data, use or lost savings arising out of the use or inability to use Highcharts Cloud even if Highsoft has been advised of the possibility of such potential loss or damage. Any liability for damages arising out of this Agreement shall in no event exceed the amount received by Highsoft from You under this Agreement, since its commencement.

  11. INDEMNITY

    Highsoft will defend, indemnify and hold You harmless against any claim stating that the Highcharts Cloud is violating any third party copyright or patent, provided that:

    1. You promptly notify Highsoft of the claim stating such violation,
    2. Highsoft has sole control of the defence and all related settlement negotiations,
    3. You provide Highsoft with all necessary assistance, information and authority to perform the above.

    If Highsoft believes that Highcharts Cloud is likely to be subject of an infringement claim it may elect to replace or modify it to make it non-infringing or terminate the Agreement on 6 months written notice to You. Notwithstanding the foregoing, Highsoft’s indemnity obligations under this Section 13 Indemnity shall under any circumstances be limited to the total amount received by Highsoft from You under this Agreement since its commencement.

  12. GOVERNING LAW AND DISPUTE RESOLUTION

    This Agreement shall be governed and construed in accordance with the laws of Norway. Any dispute between the parties that may arise in connection with, or as a result of the Agreement and which cannot be settled by mutual agreement shall be settled by proceedings before Bergen District Court (Bergen Tingrett).

  13. OTHER AGREEMENTS

    The terms and conditions of this Agreement, together with Privacy Policy and Refund Policy referred to herein, constitute the entire contract between Highsoft and You and shall supersede and replace any previous agreement, written or oral, with respect to the subject matter of this Agreement. Any other software or product purchased or licensed by You or made available to You from Highsoft’s website under separate agreement shall be governed by such agreement solely.

  14. NOTICES

    All notices to Highsoft to be given under this Agreement shall be in writing and shall be delivered by electronic mail to sales@highsoft.com Information from Highsoft to You shall be in writing and shall be delivered by electronic mail to Your registered account. It is Your responsibility to ensure that the e-mail address in Your account is correct. All notices, demands or other communication given by a party to the other shall be deemed to have been duly given when made in writing and sent to the registered e-mail address. If you do not register for an account, Highsoft does not take responsibility for lost communication.