Terms of Use

These Terms of Use (“Terms”) govern your access to and use of ApexCharts products, software libraries, and services (“Services”), provided by Apex Software, Inc., a wholly owned subsidiary of Infragistics, Inc., 2 Commerce Drive, Cranbury, NJ 08512.

By downloading, installing, or using ApexCharts, you agree to be bound by these Terms. If you are entering into these Terms on behalf of an organization, you represent that you have authority to bind that organization.

Restricted Rights Legend. Any Software which is downloaded from this Server for or on behalf of the United States of America, its agencies and/or instrumentalities (“U.S. Government”), is provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software – Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Infragistics, Inc., 2 Commerce Drive, Cranbury, NJ 08512.

License Grant

Subject to your compliance with these Terms and payment of all applicable fees, ApexCharts grants you a limited, non-exclusive, non-transferable, non-sublicensable license to use the ApexCharts software (“Software”) as follows:

Community License

• Free to use for individuals, non-profits, educational institutions, and organizations with annual revenue below USD $2,000,000.
• Use is subject to the MIT License or the ApexCharts Community License Agreement as published at apexcharts.com/license/community.

Commercial License

• For organizations with annual revenue of USD $2,000,000 or more.
• Licensed per named developer. Permits use in internal tools and commercial applications.
• Does not permit redistribution of the Software as part of a product distributed to third parties.

OEM / Redistribution License

• Required when embedding ApexCharts within a product or platform redistributed to end users.
• Permits unlimited developer seats.
• Requires an active annual subscription for continued use.

Restrictions

Unless explicitly authorized under your license tier, you may not:

• Sublicense, sell, resell, transfer, assign, or otherwise commercially exploit the Software or any part thereof.
• Redistribute the Software as part of a product or platform accessible to third parties without an OEM license.
• Reverse engineer, decompile, or disassemble the Software, except where permitted by applicable law.
• Remove or alter any copyright, trademark, or proprietary notices embedded in the Software.
• Use the Software to build a competing product or service.
• Use the Software in any way that violates applicable law or regulation.

Subscription, Payment, and Renewal

• All paid licenses are billed as annual subscriptions.
• Subscriptions renew automatically on the anniversary of the purchase date unless cancelled before the renewal date.
• Fees are billed in advance. All fees are non-refundable except as required by applicable law or as otherwise stated in these Terms.
• ApexCharts reserves the right to adjust pricing at renewal.
• Failure to pay fees when due may result in suspension or termination of your license.

Intellectual Property

• ApexCharts and its licensors retain all right, title, and interest in and to the Software, including all intellectual property rights therein.
• These Terms do not grant you any rights to ApexCharts trademarks, service marks, trade names, or logos.
• Any feedback, suggestions, or enhancement requests you provide to ApexCharts may be incorporated into the Software without compensation or attribution to you.

Support and Updates

• Access to technical support and Software updates is included only during an active subscription period.
• Support is provided according to the Support Terms published at apexcharts.com/support.
• ApexCharts may modify, update, or discontinue features of the Software at any time. Material changes that affect paid features will be communicated via email or on the website.

Warranties and Disclaimers

• The Software is provided “as is” without warranty of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.
• ApexCharts does not warrant that the Software will be error-free, uninterrupted, or free of security vulnerabilities.
• You assume full responsibility for selecting the Software and for the results obtained from your use of it.

Limitation of Liability

In no event shall ApexCharts, Apex Software, or Infragistics be liable for any direct, indirect, incidental, special, or consequential damages, or damages for loss of profits, revenue, data or data use, incurred by you or any third party, whether in an action in contract or tort, arising from your access to, or use of, the Services or any content provided on or through the Services.

Termination

• Either party may terminate these Terms upon written notice if the other party materially breaches any provision of these Terms and fails to cure such breach within thirty (30) days of notice.
• ApexCharts may immediately terminate your license for non-payment or violation of the use restrictions above.
• Upon termination, you must immediately cease all use of the Software and delete all copies in your possession, except as otherwise permitted under the applicable license tier.

Governing Law and Dispute Resolution

All matters relating to your access to, and use of, the Services shall be governed by U.S. federal law or the laws of the State of New Jersey. Any legal action or proceeding relating to your access to, or use of, the Services shall be instituted in a state or federal court in Trenton or Newark, New Jersey. You and Infragistics agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.

Changes to These Terms

ApexCharts reserves the right to update these Terms at any time. We will notify users of material changes via email or by posting a notice on our website. Continued use of the Software after such notice constitutes acceptance of the updated Terms.

Contact

For questions regarding these Terms, please contact: sales@apexcharts.com