• General Terms and Conditions:

1. 1. 1. These terms and conditions (“Terms and Conditions”) constitute an agreement between Mavenick Consulting Private Limited (“Company”, “we”, “us” or “our”) and you or the entity you represent (“you” or “your”).
      2. The Terms and Conditions govern your access to and use of the Company’s website at https://www.klearstack.com/ (the “Site”) and utilization of the KlearStack product (“Product”) and the services of the Company which may consist of websites, installed applications, plug-ins, components, functionality, service offerings or programs associated with the Product [collectively the “Services”].
      3. The Site, the Product and the Services jointly constitute to be the platform of the Company (the “Platform”). By accessing, viewing, or using the content, material, or Services available on or through the Platform, whether personally or on behalf of an entity, you indicate that you have read and understood the Terms and Conditions herein and that you accept and agree to abide by them and intend to be legally bound by them.
      4. The Platform is available only to the entities and persons over the age of majority and “competent to contract” as per the Indian Contract Act, 1872 and who can form legally binding agreement(s) under the applicable laws. If you do not qualify and fall within the meaning of “incompetent to contract”, you are not permitted to access or use the Platforms.

• Changes to the Terms and Conditions: 

1. 1. 1. We may modify / update certain or the entire Terms and Conditions, from time to time. Any aspect of the Platform may be changed, supplemented, deleted or updated without notice at our sole discretion.
      2. The most current version of the Terms and Conditions as available on our Site will supersede all previous versions. Your continued use of the Site following the posting of revised Terms and Conditions means that you accept and agree to the changes. You are expected to review this Site from time to time so that you are aware of any changes, as they are binding on you.

• Privacy Policy: 

1. 1. 1. Our Privacy Policy governs the use of information collected from or provided by you at the time of registering yourself with the Platform. By using the Site, you consent to all actions taken by us with respect to your information in accordance with the Privacy Policy.
      2. Privacy Policy is available at the Site and is to be read with these Terms and Conditions.

• Account registration:

1. 1. 1. To access and use the Platform you will be required to register with us by completing a registration form and designating a user ID and password. Registration can also be done on your behalf by the Company’s employee / affiliate when you ask for access to the Platform. Registering an account with us by providing the information requested for registration will give you access related information and Services and any additional features we may develop for registered account holders. Certain features of the Platform may not be accessible unless you have registered yourself as a user.
      2. All information you provide to us about yourself must be true, accurate, current and complete information.
      3. You may not register an account for anyone but yourself.
      4. If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You agree not to provide any other person with access to the Site or portions of it using your username, password or other security information.
      5. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security.

• User Responsibilities: 

1. 1. 1. Restrictions on Use of the Platform:
         1. You shall not use the Platform for any purpose that is unlawful or prohibited by these Terms and Conditions.
         2. You shall not use the Platform in any manner that could damage, disable, overburden, or impair any of our servers, or the network(s) connected to any of our servers, or interfere with the accessibility or availability of the Platform or any other party’s use and enjoyment of any Services associated with the Platform.
         3. You shall not misrepresent your identity or personal information.
         4. You shall not disguise the origin of information transmitted through the Platform. You will not place false or misleading information on the Platform.
         5. Certain areas of the Platform are restricted to the users. You shall not attempt to gain unauthorized access to any section of the Site, other accounts, computer systems or networks connected to any of our servers or to any of the services associated with the Site, through hacking, password mining or any other means.
         6. You will not copy, store, host, transmit, send, use, publish, distribute, input or upload to the Platform any spyware, computer virus, trojan horse, worm, rootkit or other malicious softwares that are intended to damage, disable, overburden, interfere with, intercept or expropriate our systems, Platform.
         7. You shall not use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform.
         8. You shall be prohibited from conducting any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this Site.
         9. You shall not adapt, edit, change, transform, publish, republish, distribute, redistribute, broadcast, rebroadcast or show or play in public this Site or the contents / materials on this Site.
         10. You shall not use or access the Platform in any way that, in our judgment, adversely affects the performance or function of our systems or Platform.
         11. You will not misrepresent or embellish the relationship between you and the Company by expressing or implying that the Company is either related or that it supports, sponsors, endorses or contributes to you.
         12. You will not delete or modify any content of the Platform, including but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that you do not own or have express permission to modify.
         13. You may not sell, transfer or assign your account.
         14. You shall not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site.

• Responsibility for content:

1. 1. 1. We have not and cannot review all of the material posted to our Platform, and cannot therefore be responsible for its contents, use or effects. We disclaim any responsibility for any harm resulting from the use of our Services.

• Consent Granted by User:

1. 1. 1. When you register for an account with us, you will provide us the following specific authorizations and consents:
         1. You understand that the Company may contact you directly using the information provided i.e you may be contacted through email and may receive information in the form of promotions, newsletters, and special offers. Furthermore, you may receive Service related email messages (e.g. account confirmations / verifications, Service updates / changes, and technical and security notices).

• Opting out:

1. 1. 1. You have the option to opt-out of receiving our promotional or newsletter emails at any time by clicking the “unsubscribe” link provided in the email or by contacting us at [email protected]. Opting-out in this manner will not end transmission of Service related emails or notices.

• Reliance on information posted:

1. 1. 1. The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk.
      2. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents. The Site may include content provided by third parties, including materials provided by other users, bloggers and other third parties.
      3. All statements and / or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

• Mobile Services:

1. 1. 1. Certain Services may be available or accessible to you via your mobile phone or other mobile device if you have downloaded an application or subscribed to them or accessing our Platform using a mobile device, including the ability to use your mobile device to receive and reply to messages from us and access certain other features (collectively referred to as “Mobile Services”).
      2. You acknowledge that use of Mobile Services, including location information, is subject to network capabilities, environmental conditions such as structures, buildings, weather, geography, landscape, and topography, available data, atmospheric conditions and other factors. Use may be limited to mobile devices located in India.
      3. By using the Mobile Services, you agree that the Company may communicate with you by SMS or other electronic means and that certain information about your usage of the Mobile Services may be communicated to us.
      4. In the event you change or deactivate your mobile telephone number, you agree to promptly update your mobile subscription account information with us to ensure that the messages we intend to send to you are not sent to another entity who acquires such mobile telephone number.
      5. Nothing contained in these Terms and Conditions will constitute or be construed as any representation or warranty by the Company that the Mobile Services, including without limitation, location information (i) will be available, uninterrupted, timely or error-free; (ii) will meet your requirements; or (iii) will include data that is accurate, complete or reliable.

• Confidentiality:

1. 1. 1. The Company may disclose to you, or you may otherwise learn of or discover, our documents, business practices, object code, source code, management styles, day-to-day business operations, capabilities, systems, trade secrets, tests, inventions, algorithms, formulae and know-how; hardware, software and network architecture, configuration, drawings, designs and specifications; software development processes and methodologies; software programs, whether in source code or object code; current, future and proposed products and services; product, marketing, business development and sales plans and strategies; customers and prospects, discounts, cost and pricing data, any information or materials with the name, sign, trade name or trademark, all or any commercial or technical data or information, or any other data, documents or agreements or other aspects of our business (“Confidential Information”).
      2. You hereby agree and acknowledge that any and all of the Confidential Information shall be our sole and exclusive intellectual property and proprietary information. You agree to use our Confidential Information only for the specific purposes as allowed by these Terms and Conditions.
      3. Any disclosure of our Confidential Information to a third party, specifically including a direct competitor, is strictly prohibited and will be challenged in a court of law. All obligations contained herein shall survive the termination of the Services or any agreement associated herewith.
      4. Furthermore, you acknowledge that our Confidential Information is proprietary, confidential and extremely valuable to us, and that we would be materially damaged by your disclosure of our Confidential Information. You acknowledge and agree that monetary damages provide an insufficient remedy for the breach of this confidentiality obligation, and that we shall be entitled to injunctive relief.

• Intellectual Property Rights:

1. 1. 1. Information provided by the Company or its third party information providers is protected by copyright law, and is proprietary to the Company and / or its third party information providers.
      2. The protected information found on our Service includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited unless permission is granted in writing by us. We own, solely and exclusively, all rights, title and interest in our Services, all the content (including, for example, audio, photographs, illustrations, graphics, pictures, drawings, sketches, other visuals, video, copy, recordings, software, artwork, images, text forms, etc.), code, data and materials thereon, the look and feel, design and organization of our Service, and the compilation of the content, code, data and materials on such Service, including but not limited to any copyrights, trademark rights, patent rights, database rights, domain name rights, moral rights, and other intellectual property and proprietary rights therein (“Intellectual Property Rights”). Your use of the Platform does not grant you ownership of any Intellectual Property Rights.
      3. All trademarks, logos, service marks and trade names displayed on our Platform are registered to the Company and may not be used unless authorized by us in writing. Nothing contained in any of our Platform should be construed as granting, by implication, any license or right to use any Intellectual Property Rights without our written permission. Your misuse of any Intellectual Property Rights is strictly prohibited.

• Third party links:

1. 1. 1. If the Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them and disclaim all liability for any loss or damage of any kind that may arise from your use of them.
      2. If you decide to access any of the third party websites linked to the Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

• Geographic Restrictions:

1. 1. 1. The Company is based in Pune, Maharashtra with the office of its affiliate in New Jersey, USA. We provide the Site for use only by persons located in India. We make no claims that the Site or any of its content is accessible or appropriate outside of India. If you access the Site from outside of India, you do so on your own initiative and are responsible for compliance with local laws.

• Account Termination:

1. 1. 1. In case of violation of any provision of these Terms and Conditions, we have the right to disable your username, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion with or without reason.
      2. We may, with or without notice, suspend or terminate your account or your use of the Platform or otherwise deny you access to the Platform at any time and for any reason, including, without limitation, if we suspect that the information provided by you is untrue, inaccurate, not current, or incomplete. You agree that we will not be liable to you or any third party if we suspend or terminate your access to the Platform for any reason. We retain sole ownership over your account information.

• Warranty:

1. 1. 1. The Site, its content and any services or items obtained through the Platform are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied.
      2. Neither the Company nor any person associated with the Company makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy or availability of the Site.
      3. Without limiting the foregoing, neither the Company nor anyone associated with the Company represents or warrants that the Site, its content or any Services or items obtained through the Site will be accurate, reliable, error-free or uninterrupted, that defects will be corrected, that our Site or the server that makes it available are free of viruses or other harmful components or that the Site or any Services or items obtained through the Site will otherwise meet your needs or expectations.
      4. The Company hereby disclaims all warranties of any kind, whether express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement and fitness for particular purpose. The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.

• Indemnity:

1. 1. 1. You agree to defend, indemnify, and hold harmless the Company, its contractors / subsidiaries / affiliated companies, and all of their respective directors, officers, employees, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, and attorneys from and against any and all suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, losses, risks, costs, and expenses (including without limitation attorneys’ fees and litigation expenses) relating to or arising from your use of the Platform (or any derivatives of this Service offered to you) or any use under your account whether or not authorized by you, your fraud, violation of law, or willful misconduct, and any breach by you of these Terms and Conditions, including, but not limited to, your use of our Site, uploading, emailing, posting, publishing, transmitting or submitting any content related to our Site, or any misrepresentation, breach of warranty or certification made by you.

• Limitation of Liability:

1. 1. 1. To the fullest extent provided by law, in no event will the Company, its affiliates or their licensors, service providers, employees, agents, officers, or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the Site, any sites linked to it, any content on the Site or such other websites or any Services or items obtained through the Site or such other websites, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain, and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, the foregoing does not affect any liability which cannot be excluded or limited under applicable laws.

• Governing Law and Jurisdiction:

1. 1. 1. These Terms and Conditions shall be governed by and construed in accordance with the laws of India. Subject to Clause 20 hereinbelow, any disputes that might arise between you and the Company shall have the jurisdiction and venue of the Courts in Pune, Maharashtra.

• Dispute Resolution:

1. 1. 1. You agree that any claims, dispute and or difference (including a dispute regarding the existence, validity, interpretation or alleged breach of the terms and conditions) arising out of, or relating to these Terms and Conditions shall be referred for arbitration to a sole arbitrator under the provisions of Arbitration and Conciliation Act, 1996 and the amendments thereto from time to time.  The venue of Arbitration shall be at Pune, Maharashtra and the language shall be English.

• Miscellaneous:

1. 1. Entire Agreement. Except as expressly provided in other written agreements between you and the Company these Terms and Conditions and the Company’s Privacy Policy constitute the entire agreement between you and the Company with respect to the use of the Platform.
   2. Force Majeure. We will not be liable for any delay or failure to perform any obligations under these Terms and Conditions wherein the delay or failure results from any cause beyond our reasonable control, including acts of God, labor disputes or other industrial disturbances, electrical and power outrages, utilities, blockages, embargoes, outbreak of diseases, pandemics or epidemics, riots, acts of government, acts of terrorism, or war.
   3. Compliance with the applicable law. You shall comply with all applicable laws, rules and regulations. You shall comply with all applicable provisions, as amended from time to time, including but not limited to (i) the Information Technology Act, 2000 and the rules made thereunder; (ii) all applicable domestic laws, rules and regulations. You shall not engage in any transaction, which is prohibited by the provisions of any applicable law or regulation for the time being in force.
   4. Severability. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.