Terms Of Service
Revision Date: 01 Jun, 2022
Welcome to our Terms of Service (“Agreement”, “Terms and Conditions”, “Terms of Use” and “Terms of Service” are names all used to refer to this document). It is necessary for you to read this carefully and agree to all terms herein before you start using the Staqu Technologies Platform (defined hereinbelow). You can reach us at hello@staqu.com if you have any queries with respect to the use of Staqu Technologies Platform.
This Terms of Service govern the use and access of the Staqu Technologies Platform and the Products and Services provided thereunder (defined hereinbelow). This Terms of Service constitutes the legal and binding agreement between Customer (defined hereinbelow) and Staqu Technologies (defined hereinbelow), (hereinafter collectively referred to as the “Parties'” and each individually as the “Party”), with respect to Customer's use of the Staqu Technologies Platform. This Agreement comes into effect on the date the Customer clicks the “Register” or any other button in the course of opening an online account with Staqu Technologies (the “Commencement Date”).
NOW, THEREFORE, IN CONSIDERATION OF MUTUAL UNDERSTANDINGS CONTAINED HEREINAFTER, THE PARTIES HERETO, INTENDING LEGALLY TO BE BOUND HEREBY, AGREE AS FOLLOWS:
These capitalized terms shall have the following meanings ascribed to them:
API | means application programming interface. |
Business Day | means a day other than a Saturday, Sunday, or public holiday in Haryana, India, as listed by the Reserve Bank of India on the website https://rbi.org.in . |
Clients | means the customers, users or clients of the Customer. |
Commencement Date | means the date the Customer clicks the “Register” or similar button in the process of opening an online account with Staqu Technologies. |
Confidential Information | means and includes, without limitation, any software, data, technical, business, financial, operational, customer, vendor or other information disclosed or provided by a Party or any of its affiliates, and its and their employees, directors, officers, advisors, consultants, subcontractors or other agents or representatives to a Party or any of its representatives, whether before or after the Commencement Date, whether in writing, orally, visually (or other non-tangible formats) or any other means. Notwithstanding the foregoing, the term “Confidential Information” will not, for purposes of this Agreement, include information that: (a) was or becomes available to a Party on a non-confidential basis from a source other than a Party or its representatives; provided that such source is not bound by any confidentiality agreement with, or other contractual, legal or fiduciary obligation of secrecy to a Party; (b) at the time of disclosure or thereafter is or becomes available to and widely known by the public as to be reasonably regarded as public information, other than as a result of disclosure by a Party or any of its representatives in breach of this Agreement; (c) is developed by a Party independently of any disclosure hereunder or reference to a Party's Confidential Information, as evidenced by a Party's records, and without violating any of a Party's obligations under this Agreement; or (d) is disclosed by a Party with disclosing Party's prior written express approval. |
Connector | means an interface developed for an application using APIs which enables connectivity of other applications and services with that application. |
Customer | shall include any person, firm, company, or entity that is a user or purchaser of Products and Services offered and provided by Staqu Technologies, and all persons, firms, companies, or entities which control, or which are controlled by, the same person, firm or entity which controls such use or purchase. |
Customer Application | means any application or service developed by the Customer that uses the Platform. |
Customer Data | means electronic or digital content, data, and information input into the Platform by the Customer/User or collected through the Platform by Customer/User. |
Customer Order | means an order by the Customer for access to the Platform entered through Staqu Technologies's online registration process on the Website and includes any order for the Products and Services, whether free or paid, including any approved quotation and/or proposal, submitted or made online or offline by the Customer through any ordering process as accepted by Staqu Technologies. The Customer Order includes the Customization Order. |
Customization Fees | means the fees payable by the Customer as determined by Staqu Technologies while placing the optional Customization Order as a part of the Customer Order, through the Website or the Platform. |
Customization Order | means the statement of work specified and assigned by the Customer to Staqu Technologies for customization and covers project-wise requirements, activities, deliverables, and timelines, and forms a part of the Customer Order. |
Dealer | shall include any person, firm, company, or entity that is authorized by Staqu Technologies to sell, resell, distribute, and support Products and Services in the Territory. |
Documentation | means any user guides, manuals, handbooks, materials, instructions, and specifications made available by Staqu Technologies to the Customer for using the Platform. |
First Level Support | means initial support and maintenance services provided to a Client by the Customer or Dealer or Channel Partner. |
Hosting Service | means a service whereby applications are hosted on remote cloud infrastructure and are accessed through the internet which can be provisioned by Staqu Technologies as per the Customer Order. |
Intellectual Property | shall mean and refers to ideas, concepts, creations, discoveries, domain names, inventions, improvements, know-how, trade or business secrets; patents, copyright (including all copyright in any designs and any moral rights), trademarks, service marks, designs, utility models, tools, devices, models, methods, procedures, processes, workflows, systems, principles, algorithms, works of authorship, flowcharts, drawings, books, papers, models, sketches, formulas, teaching techniques, source codes, object codes, electronic codes, proprietary techniques, research projects, and other confidential and proprietary information, computer programming code, databases, images, audio, video, software programs, data, documents, instruction manuals, records, memoranda, notes, user guides; in either printed or machine-readable form, whether or not copyrightable or patentable, or any written or verbal instructions or comments. |
New Connector | means a Connector requested by the Customer to be built by Staqu Technologies, which is publicly accessible and made available for use on the Platform by any or all Users. |
Personal Data | means any information relating to an identified or identifiable natural person that is processed by Staqu Technologies as a result of, or in connection with, the provision of the services as per the Customer Order on the Platform; an identifiable natural person can be identified, directly or indirectly, in particular by reference to an identifier such as a name, identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person. |
Platform Fees | means the total fees payable by the Customer to Staqu Technologies, which includes Subscription Fees, Customization Fees, Support Fees, and any other applicable fees as per the Customer Order and Customization Order. |
Private Connector | means a Connector developed by Staqu Technologies for a Customer as per Customization Order, is privately accessible and made available for use on the Platform only by the Customer placing that Customization Order. |
Products and Services | means the provision of the Platform for subscription, customization, and support as per Customer Order and Customization Order including tools, software, channels, data feeds, computer programs, applications, and services offered or designed by Staqu Technologies. |
Public Connector | means a Connector developed and maintained by Staqu Technologies, is publicly accessible and made available for use on the Platform by any or all Users. |
Staqu Technologies | refers to Staqu Technologies Private Limited, 607,608-6th Floor, Tower B, Global Business Park, MG Road, Gurgaon, 122002, Haryana, India. |
Staqu Technologies Brand | means and refers to any/all logos, signs, symbols, designs, icons, terms, product names, brand names, trademarks, and wordmarks, copyrights owned or under application process for registration anywhere in the world by Staqu Technologies including content in text, images, audio, video formats in any language used on websites, portals, products owned or published by Staqu Technologies and all promotional materials and content used by Staqu Technologies for marketing, advertising, business promotion, sales or public relations; in either printed or machine-readable form, whether or not copyrightable or patentable. |
Staqu Technologies Platform or Platform | means Staqu Technologies's proprietary,video analytics solution JARVIS, offered as Software as a Service (SaaS) to the Customer includes all future modifications, additions, and enhancements made to it by Staqu Technologies from time to time. |
Staqu Technologies Support | means the provision of a response to problems by Staqu Technologies through the support channels provided on the Platform. |
Service Level Agreement (SLA) | means the service level agreement offered by Staqu Technologies |
Standard | mean any technical specification that is distributed, published, or otherwise made available by a consortium, standards organization, special interest group, or like entity, for the purpose of widespread industry adoption. |
Subscription Fees | means the fees payable by the Customer as determined at the time of subscription while placing the Customer Order through the Website or the Platform. |
Term | means the time period which starts on the Commencement Date and continues up to the date as specified in a Customer Order or up to the date the account of a Customer is deleted by the Customer or terminated by Staqu Technologies. |
Territory | means the sales area within which a Dealer is permitted to sell, resell, distribute, and support the Products and Services. |
Third-Party Application | means any application or service developed by any person, firm, company, or entity other than Staqu Technologies or the Customer. |
User | means and includes individuals, employees, agents, and independent contractors associated with the Customer who uses the Platform on Customer's behalf or through Customer's account or passwords, whether authorized or not. |
Visitor | means any person or entity who visits or accesses the Website. |
Website | means the website which is owned, operated, and managed by Staqu Technologies at https://staqu.com/. |
Unless Staqu Technologies receives the prior consent of the Customer, Staqu Technologies:
Staqu Technologies and Customer are independent contractors, and neither Staqu Technologies nor Customer is an agent, representative or partner of the other. Staqu Technologies and Customer shall each have sole responsibility for all acts and omissions of their respective personnel. Neither Party shall have any obligation for any employee-related benefits or withholding taxes applicable to the other Party's personnel performing services pursuant to this Agreement.
Any notices under this Agreement shall be in writing and shall be sent to the email address associated with the account (in the case of Customer) or to hello@staqu.com (in the case of Staqu Technologies) by electronic mail or nationally recognized express delivery courier service and deemed given upon receipt.
No delay, failure, or default, other than a failure to pay fees when due, will constitute a breach of this Agreement to the extent caused by acts of war, terrorism, hurricanes, earthquakes, other acts of God or of nature, strikes or other labor disputes, riots or other acts of civil disorder, embargoes, or other causes beyond the performing Party's reasonable control.
To the extent permitted by applicable law, the parties hereby waive any provision of law that would render any clause of this Agreement invalid or otherwise unenforceable in any respect. In the event that a provision of this Agreement is held to be invalid or otherwise unenforceable, such provision will be interpreted to fulfill its intended purpose to the maximum extent permitted by applicable law, and the remaining provisions of this Agreement will continue in full force and effect.
Neither Party will be deemed to have waived any of its rights under this Agreement by lapse of time or by any statement or representation other than by an authorized representative in an explicit written waiver. No waiver of a breach of this Agreement will constitute a waiver of any other breach of this Agreement.
This Agreement shall be governed by the laws of India, without giving effect to principles of conflicts of law. Subject to the provisions of this Article 14(vi), this Agreement shall be subject to the exclusive jurisdiction of, and venue in, the courts of Delhi, India.
In event of any dispute, controversy or claim arising out of or relating to this Agreement, or the breach, termination or invalidity of it, the parties shall further aim to resolve any such dispute mutually.
In the event the parties fail to resolve the dispute mutually, the parties then shall settle the dispute, controversy or claim in accordance with the Arbitration & Conciliation Act, 1996 together with any amendments, modifications, and re-enactments thereof. The arbitration panel shall consist of a single arbitrator mutually agreed by the parties or, in the absence of such agreement, designated by the Courts of Delhi. The place of arbitration shall be Delhi and all proceedings and submissions shall be in English. The decision and award of the arbitrator shall be binding on and enforceable against the parties. Each Party waives any right to appeal such decision and award but retains the right to seek judicial assistance to compel arbitration, to obtain interim measures of protection pending arbitration and/or to enforce any decision of the arbitrator, including the final award.
In the event of any conflict between this Agreement and any Staqu Technologies policy posted online on the Platform or Website, including without limitation the AUP, Data Protection and Privacy Policy, the terms of this Agreement will govern.
This Agreement sets forth the entire agreement of the parties and supersedes all prior agreements (whether in oral or written format), discussions, and negotiations with respect to its subject matter. Neither Party has relied upon any such prior or contemporaneous communications.
The article headings in this Agreement are intended solely for the convenience of reference and shall be given no effect in the construction or interpretation of this Agreement.