Terms of Service

Last Updated: April 9th, 2019

Thank you for choosing to use Stackby. These terms of service (“Terms”) describe your rights & responsibilities, govern your access when using Stackby web-based software platform, mobile, Stackby website and related services we provide, all collectively “Stackby”, “Site” or “Service”. If you are a customer, these terms will form a binding “Agreement” between you and us. “We”, “our” and “us” refer to Relytree Technologies Pvt. Ltd. & Relytree Inc. (or its successors or assigns). “You” or “your” will refer to your organization.

Please read these terms carefully. By using Stackby, you are agreeing to these terms set forth below. If you don’t agree to these terms, please do not use Stackby. If you subscribe to Stackby or use our Services on behalf of your employer or organization, you are agreeing to these terms on behalf of that organization and acknowledge that you have the right, power and authority to agree to these terms before proceeding.

We will also revise the terms set forth below on our sole discretion and will send you a notification for example via email. The current version will always be updated on our website, so please come back and review regularly. By continuing to use Stackby, you agree to the revised terms. If in case you don’t agree, please stop using Stackby.

PRIVACY POLICY

The Company respects the privacy of its Service users. Please refer to the Company’s Privacy Policy, which explains how we collect, use, and disclose information that pertains to your privacy. When you access or use the Service, you signify your agreement to the Privacy Policy as well as these Terms of Service.

  1. General

    1. Account

      For using Stackby, you have to create a new account either through your email address or using Google sign-in. You will be asked for your name, email address and other information that will allow you to access the Services. You will be responsible to keep your account information and password safe, and for all activities in the account whether or not you authorized that activity. If there’s an unauthorized use of your account, you should immediately notify us for corrective action.

    2. Content

      By using Stackby, Customer (“You” or “Your organization”) may submit content or information to the services, which may include personal data, text, images, attachments, uploads or other information (“Customer Content”). You will retain full ownership for your content and solely responsible for it. You will make sure that you own or have the necessary rights to all your content and the use of it does not infringe any third party intellectual property rights or privacy or rights of publicity, or violate any applicable law or regulation. You will indemnify Us for all claims and losses related to such infringement and/or illegality.

      You will be responsible to delete your content and in some cases, your content may not be completely removed owing to sharing, permissions etc. We are not responsible or liable for the removal or deletion of any of your content or failure to remove or delete it. Individuals authorized by Customer (“Authorized users”) to access the services also adhere to the same terms set forth here. It will be your responsibility to obtain all rights, permissions or consents from the Authorized Users and other Customer personnel to grant the rights and licenses in the agreement and for the lawful use and transmission of the Customer content. If we have notice on our own or through third party, that Customer content is violating any law or infringes third party rights, We shall have the right to - without liability to the Customer - immediately suspend access to such data without prior notice to the Customer. Customer may be notified by us of such action, if reasonable and possible.

    3. Subscriptions

      The service is available by way of Subscription plans. There are different types of subscriptions based on the usage, features etc. It can be procured through our payment interface or in some cases via an Order Form. Once the subscriptions commence, it will continue for the term specified in our Interface or Order form, as applicable.

    4. Beta Product & Features

      We may look for beta testers to help us test out new features. These features will be identified as “Beta” or “Beta Product”, and will be available on ‘as is’ and ‘as available’ basis, to the extent permitted under applicable law and makes no warranties or commitments we make for other Services.

  2. Acceptable Use Policy

    Stackby is owned by Relytree Inc. and Relytree Technologies Pvt. Ltd and its licensors and is protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

    At the time of entering this agreement or subscription, customer or user is granted a non-exclusive, non-transferable, worldwide license to access and use the services, solely for the customer’s internal business processes and subject to this agreement.

    Your permission to use the Site is conditioned upon the following use, posting and conduct restrictions:

    You agree that you will not under any circumstances:

    • Collect or harvest any personal data of any user of the Site or the Service

    • Use the Site or the Service for the solicitation of business in the course of trade or in connection with a commercial enterprise;

    • Copy, distribute or disclosing any part or parts of the Site or the Service without our explicit written permission on any medium (we grant the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly-available searchable indices but retain the right to revoke this permission at any time on a general or specific basis), incl. by any scraping methods;

    • Upload any invalid or illegal data, viruses, worms or any other agents through the Service.

    • Attack Stackby with any Denial of Service attack or Distributed Denial of Service attack or otherwise attempt to interfere with the normal working of our Services.

    • Plant malware or use Stackby to distribute malware

    • Decompile, decipher or reverse engineer any of the software used to provide & run Stackby

    • Use the Service for any unlawful purpose or for the promotion of illegal activities;

    • Attempt to, or harass, abuse or harm another person or group;

    • Use another user’s account without permission;

    • Impersonating other person or misrepresenting your affiliation with an organization or entity, hiding or attempting to hide identity or conducting fraud.

    • Intentionally allow another user to access your account;

    • Provide false or inaccurate information when registering an account;

    • Make any automated use of the Site, the Service or the related systems, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;

    • Interfere or attempt to interfere with the proper functioning of the Service;

    • Scan, probe or test the vulnerability of Stackby services or network or breach any security or authentication measures.

    • Bypass any robot exclusion headers or other measures we take to restrict access to the Service, or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data;

    • Circumvent, disable or otherwise interfere with any security-related features of the Service or features that prevent or restrict use or copying of content, or enforce limitations on use of the Service or the content accessible via the Service; or

    • Publish or link to malicious content of any sort, including that intended to damage or disrupt another user’s browser or computer.

    We will retain the right to investigate any of the violations mentioned above and can consult with enforcement authorities to prosecute users who violate the law.

  3. Payment, Refund and Subscription Billing Terms

    You can elect to purchase a subscription to our Services via Stackby website (“Subscription Plan”), as stated or quoted by Us or through any order document or form (“Order Form”), the following terms will apply to you -

    1. Subscription Plan

      The Services are provided on a subscription basis for a term defined in the Subscription Plan, or on the Order Form Subscription, as applicable. In an event when a Customer downgrades from a paid plan to free plan, they will be responsible for any unpaid fees under the paid plan.

    2. Billing and Payment

      You will authorize Relytree Inc. or Relytree Technologies Pvt. Ltd to automatically charge your Credit Card, Debit Card or any other payment card (collectively, “Cards”)in accordance to the Subscription Plan or Order Form. You acknowledge that certain Cards may charge you foreign transaction fees or other charges. You will be responsible for any amounts owed to Us, in event where the payment is not settled for any reason. Each new Authorized User, beyond the scope of initial Subscription Plan will incur additional fees and will be charged automatically through the Cards provided by You.

      We may add new services or entitled to adjust the prices for existing services, at any time, at our sole discretion, by giving customers at least 60 days of notice via email, such as increase to take effect at the beginning of the next billing cycle and subsequently add it to the Website. If the customer is unhappy with the revised prices, they may choose to terminate the agreement, by giving us 30 days written notice to us at support@stackby.com, such notice to expire no later than the end of the current billing cycle. The fees will not increase during the notice period, and only change will take effect in the next billing cycle following notice period.

    3. Cancellation

      You may cancel at any time; but Payment obligations for the term are non-cancellable and non-refundable unless otherwise stated. Fees are based on the Subscription Plan purchased and not on the usage.

    4. Renewals

      For the Subscription Plans, each plan will be automatically renewed for an equal term length of the original Subscription plan. You can cancel the Subscription Plan from www.stackby.com. For Order Form, each Subscription plan will be automatically renewed for an equal term length of the original Subscription Plan unless a cancellation is otherwise requested in writing at support@stackby.com 30 days in advance.

    5. Late Payments

      Any late payment is subjected to a service charge equal to 1.5% per month of the amount due or the maximum amount allowed by law, whichever is less (Plus costs of collection). We reserve the right to terminate your Subscription if you fail to pay any outstanding fees and bar access, without liability to the Service.

    6. Taxes and Fees

      Fees stated are exclusive of any taxes, value added, Sales, duties or levies, use or withholding taxes etc. by any jurisdiction. Customer will be responsible for paying all Taxes associated with its purchases, except for those taxes based on our net income. You will also be responsible for any payment related fees incl. Credit card transaction fees, cheques or wire transfer.

    7. Expenses

      Customer will be responsible for all expenses related to using the Services incl. Internet provider fees, that are outside of scope for our Services.

  4. Term and Termination

    Stackby’s free plan will continue until terminated, while paid subscription will have a term associated with it or until it is to be terminated. Termination of agreement will result in termination of all Subscription Plans and Order Forms.

    Stackby’s paid Subscription plans are pre-paid and non-refundable. WE DO NOT PROVIDE CREDITS OR REFUNDS FOR ANY PARTIAL MONTHS OF USE OF SERVICE. You may cancel the account anytime though. You can use our “Account Page” to upgrade or downgrade to our plans or otherwise as instructed. It is your responsibility to keep the contact and payment information current.

    We may terminate the agreement or use of Stackby, at our sole discretion at any time and without notice to you, if you or your Authorized users are not complying with these Terms or if you use Stackby in any way that would cause legal liability or disrupt others’ use of Stackby. If we suspend or terminate your agreement, we will let you know in advance and may help you retrieve data, although in some cases where the breach is absolutely violating the terms of this agreement.

  5. Confidentiality

    1. Definition

      Either party “Disclosing Party” and “Receiving Party” may disclose “Confidential Information” which is non-public, understood to be confidential and proprietary to each other in terms of the agreement. Confidential Information includes the nature of the information and circumstances of the disclosure, including all Order forms, as well as non-public business, technology, product and marketing information. Confidential Information does not include a) becomes generally available to the public without breach of any obligation owed to the Disclosing Party. b) was known to the Receiving party prior to its disclosure c) Becomes available to Receiving party from a third party source provided that it was a breach of any obligation owed to the Disclosing Party d) was independently developed by the Receiving party without using any Disclosing party’s confidential information.

    2. Protection of Use

      The Receiving party will a) not disclose or prevent unauthorized disclosure or use of Confidential information, to any person or entity, expect Receiving party’s service providers or financial/legal advisors who need to know the Confidential information, and that they are bound to confidentiality obligations at least as restrictive as in the Terms b) take reasonable measures to protect the Disclosing Party’s confidential information with some degree of care, and limit access to employees, affiliates and contractors who need to know such information in connection with the agreement. c) not disclose any Confidential Information of the Disclosing Party for any purpose outside the scope of these Terms.

    3. Compelled access or Disclosure

      Only when the Receiving Party is required by applicable law, prior to notification of the Compelled access or disclosure to the Disclosing Party and any reasonable assistance, at Disclosing Party's cost and expense, may disclose any Confidential information. If the Receiving party is compelled by law to disclose the Confidential Information of the Disclosing Party, the Disclosing Party will reimburse the Receiving Party for its reasonable cost for any support during the process where Disclosing Party is seeking a protective order or other remedy.

  6. Copyright Policy

    1. Termination of Repeat Infringer Accounts

      We respect the intellectual property rights of others and requires that the users do the same. Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, we have adopted and implemented a policy that provides for the termination in appropriate circumstances of users of the Service who are repeat infringers. We may terminate access for participants or users who are found repeatedly to provide or post protected third party content without necessary rights and permissions.

    2. DMCA Take-Down Notices

      If you are a copyright owner or an agent thereof and believe, in good faith, that any materials provided on the Service infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C 512) (“DMCA”) by sending the following information in writing to our designated copyright agent.

      Our designated copyright agent for notices and counter notices is Relytree Technologies Pvt Ltd. ; ATTN: copyright@stackby.com

      1. The date of your notification;

      2. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

      3. A description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

      4. A description of the material that is claimed to be infringing or to be the subject of infringing activity and information sufficient to enable us to locate such work;

      5. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and/or email address;

      6. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

      7. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

      Upon receipt of notice mentioned above, we will try to confirm the existence of the IP on Stackby and take whatever action, in sole discretion, we deem appropriate.

  7. Intellectual Property

    You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Service, including applicable copyrights, trademarks and other proprietary rights. Other product and company names that are mentioned on the Service may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under these Terms of Service.

  8. Warranty Disclaimer

    THE SERVICE, IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICE INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE SERVICE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.

  9. Indemnity

    You will hold harmless and indemnify Relytree Inc. and Relytree Technologies Pvt. Ltd and its affiliates, officers, directors, employees, contractors, agents, licensors, and suppliers from and against any claim, suit or action arising from or related to the use of Stackby or violation of these Terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.

  10. Limitation of Liability

    IN NO EVENT SHALL RELYTREE INC. OR RELYTREE TECHNOLOGIES PVT. LTD BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF RELYTREE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH RELYTREE RELATED TO ANY OF THE SERVICES SHALL BE TERMINATION OF SUCH SERVICE. IN NO EVENT SHALL RELYTREE’S ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE LAST 3 MONTHS FEES PAID BY YOU TOWARDS SUCH SERVICE OR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO STACKBY MORE THAN THE GREATER OF $15.

  11. Others

    1. Publicity

      Neither party may publicly use the other party’s company name, logo, or other trademarks for any purpose without the other party’s prior written consent.

    2. Third party products & services

      Our services can be integrated with Third party products, services, materials or information or links thereto that are uncontrollable by us (“Third Party Information”). We don’t take responsibility for any such Third Party Information. The Customer acknowledges and agrees that they do so with their own risk and that our Privacy Policy does not apply to use for such sites or services. Customer relieves us from all liability arising from such use of Third party Information.

      You can import data from other third-party services e.g. through web requests or integrated APIs of third-party services that require a separate registration and will need you to accept the terms of service of such third-party services.

    3. Force Majeure

      Neither parties (Us or Customer) will be liable by reason of any failure or delay in the performance of its obligations on account of events beyond the reasonable control of a party, which may include denial-of-service attacks, a failure by a third party hosting provider or utility provider, strikes, shortages, riots, fires, acts of God, war, terrorism, civil commotions; activities of local exchange carriers, telephone carriers, wireless carriers, Internet service providers, and other third parties;; embargoes, and labor disputes; and governmental action.

    4. Email Communications & Notices

      For contractual purposes, you: (a) consent to receive communications from us in an electronic form via the email address you have submitted; and (b) agree that all Terms of Use, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.We can give Notice either by email or through post. Such notices will be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email).

    5. Assignment

      This agreement may not be assigned by you without prior written approval, but can be assigned without your consent by Us to a) a parent or subsidiary b) acquirer of assets c) a successor by merger d) corporate affiliate during corporate reorganization.

    6. Governing Law

      These terms or agreement, and any disputes or action related thereto shall be governed by the laws of Indian courts, without regard to the principles of conflict of laws. You hereby expressly agree to submit to the exclusive personal jurisdiction of the High Court of Gujarat to resolve any dispute relating to these terms. Each of the parties hereto waives any objection to jurisdiction and venue in such courts.

    7. Contracting Entity

      Contracting entity information are as below -

      Relytree Technologies Pvt. Ltd & Relytree Inc.
      702 Empire State Building, Ring Road,
      Surat, Gujarat - 395007,
      India

    8. Contacting Us

      If you have any questions or concerns, please contact us at legal@stackby.com

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