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OrgChart Help Guide

Subscription Agreement

Subscription Agreement & Terms of Service

Your subscription allows your company & affiliates to make use of the OrgChart services as long as you have an active subscription. Support and maintenance are included with all active subscriptions. Access to software updates and patches is included with all active subscriptions.

Maintenance & Support

Maintenance and Support includes support via support portal, e-mail and phone. We strive to respond to all requests within one business day. In most cases we can resolve any issues on the same day.

Training

Training is typically provided via web meeting software but can be provided on site for an additional fee. We request that an individual within your company serve as a single point of contact to coordinate the training and use of the software. While we can provide the training session for all users, we find that the ‘train the trainer’ model works best.

Delivery

Your OrgChart account will be activated upon receipt of payment or purchase order.

Privacy

See our Privacy Policy.

Also, upon request we can execute a mutual non-disclosure agreement. Email us at support@theorgchart.com for more information.

Service Level

For cloud customers, we strive to make sure that OrgChart is available 99.8% (or more) of the time during a monthly period. In order to achieve this goal, we select hosting providers that provide a service commitment of 99.9% (or more). We use commercially reasonable methods such as monitoring services to notify our team of any down time so that we can quickly address any interruptions to our service. Service credits are not available per our standard subscription agreement. An ESLA (Enhanced Service Level Agreement) is available upon request. Email us at support@theorgchart.com if you would like to inquire about an ESLA.

Backup & Recovery

We rely on our hosting providers to provide backup services. Our servers are backed up on a daily basis. In the event of a catastrophic failure, we will restore a system from storage within one business day of failure. On premise customers are responsible for the backup of their servers.

Confidentiality

Definition. “Confidential Information” means information of or provided by a party ("disclosing party") to the other party ("receiving party") that is non-public, proprietary, business, technical, security, legal, or financial information that is marked or identified as Confidential Information or would reasonably be understood to be confidential, such as information about products, beta features, processes, services, trade secrets, marketing and business plans, client lists, customer data, pricing, financial information, system architecture, security programs, or intellectual property.

Use and Disclosure. Each party may be given access to Confidential Information of the other party in connection with this agreement. The receiving party may only use this Confidential Information as provided for in this agreement or to exercise its rights hereunder and may only share this Confidential Information with its employees, agents, advisors, procurement agents and service providers who need to know it, provided they are subject to similar confidentiality obligations. The receiving party will use the same degree of care, but no less than a reasonable degree of care, as such party uses with respect to its own Confidential Information to protect the disclosing party’s Confidential Information and to prevent any unauthorized use or disclosure thereof. Neither party is responsible for any loss, destruction, alteration or disclosure of Confidential Information caused by any third party not under the receiving party’s control. If the receiving party is compelled by law to disclose the other party’s Confidential Information, it will provide the disclosing party prior written notice of such compelled disclosure (to the extent legally permitted) and reasonable assistance, at the disclosing party’s cost, if the disclosing party wishes to contest the disclosure. These confidentiality obligations will remain in effect while the customer has an active subscription plus 2 years following termination.

TERMS OF SERVICE

By using the OrgChart services, you are agreeing to be bound by the following terms and conditions (“Terms of Service”). OrgChart, LLC (“Our Company”) reserves the right to update and change the Terms of Service from time to time. Any new features that augment or enhance the current service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the service after any such changes shall constitute your consent to such changes.

Violation of any of the terms below may result in the termination of your Account. While our company prohibits such conduct and content on the service, you understand and agree that our company cannot be responsible for the content posted on the service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.

Account Terms
  1. You must be at least 13 years old to use the service.

  2. You must be a human. Accounts registered by “bots” or other automated methods are not permitted.

  3. You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.

  4. Your login may only be used by one person – a single login shared by multiple people is not permitted. You may create separate logins for as many people as permitted by your plan.

  5. You are responsible for maintaining the security of your account and password. Our company cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.

  6. You are responsible for all content posted and activity that occurs under your account (even when content is posted by others who have user accounts under your account).

  7. You may not use the service for any illegal or unauthorized purpose. You must not, in the use of the service, violate any laws in your jurisdiction (including but not limited to copyright laws).

Subscription Plans
  1. You acknowledge that your account is associated with a specific subscription plan.

  2. A plan may limit access to certain features.

  3. A plan may limit the number of unique records (typically employee records) that can be charted within the associated account.

  4. A plan may limit the maximum amount of storage that can be used by a given account.

  5. A plan may limit the number of people allowed access to the service.

  6. Our company reserves the right to audit any account at any time. If a plan limit is exceeded, you will be required to upgrade your plan to match the required record count or storage need. If you do not agree to pay the upgrade fee to our company within thirty (30) days of demand, our company may disable your account without refunding any subscription fees.

Payment, Refunds, Upgrading & Downgrading Terms
  1. If a credit card was used for payment, that credit card will automatically be billed to renew your monthly subscription. You can cancel a monthly subscription at any time (via phone or email).

  2. The service is billed in advance on a monthly, annual, multi-year, or other term (depending on your subscription commitment) and is non-refundable unless otherwise specified in your contract. There are no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused. Refer to section “Modifications to the Service and Prices” related to special exception provisions related to pro-rated refunds of subscription fees.

  3. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.

  4. Downgrading your Service may cause the loss of features or capacity of your account. Our company does not accept any liability for such a loss.

Cancellation & Termination
  1. You are solely responsible for properly canceling your account. If you do not receive confirmation within 5 business days of canceling your account, email support@theorgchart.com to confirm cancellation of your account.

  2. All of your content will be deleted within 90 days of cancellation unless otherwise requested (email support@theorgchart.com). Our company does not guarantee that your information can be recovered once your account is cancelled.

  3. If you cancel the service before the end of your subscription period, your cancellation will take effect immediately and you will not be charged for the next subscription period unless you have committed to a multi-year agreement. For multi-year agreements, payment will be made through the term of the agreed commitment.

  4. Our company, at its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the service after thirty (30) day notice of an uncured breach of Subscription Agreement terms. Such termination of the Service will result in the deactivation of your Account or access to your Account. Your content may also be deleted.  Our company does not guarantee that the content can be recovered once your account is deleted.

Modifications to the Service and Prices
  1. Our company reserves the right at any time and from time to time to modify the service with reasonable notice.

  2. Our company has the right to discontinue the Service at the end of the existing subscription term with thirty (30) day notice of discontinuation.

  3. Prices of all Services, including but not limited to subscription plan fees to the service, are subject to change at the end of the committed subscription period, and will be applicable to new subscription plan period. Such notice is required to be provided to customers via electronic mail to the subscriber.

  4. Our company agrees not to apply any upward price adjustments (unless the customer purchases additional products or services) until the current subscription period has completed.

  5. Our company shall not be liable to you or to any third party for any modification, price change or suspension of the service.

  6. In the event of a discontinuance of the service, our company shall provide a pro rata refund of the subscription fee paid. This in no event shall be greater than 50% of the unused portion of an annual subscription fee.

Copyright & Content Ownership
  1. All content posted on the service must comply with U.S. copyright law.

  2. Our company claims no intellectual property rights over the material you provide to the service. Your profile and materials uploaded remain yours.

  3. Our company does not pre-screen content, but we have the right (but not the obligation) in our sole discretion to refuse or remove any content that is available via the Service.

  4. The look and feel of the Service is copyright © 2014-2024. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from our company.