Terms of Service

Last updated: August 11, 2024

This document is recognized as an electronic record according to the Information Technology Act, 2001 of India and the applicable laws in the United States. It is generated by a computer system and does not require physical or digital signatures.

1. Introduction

These Terms of Service (“Terms”) govern your access to and use of our websites, services, software, and applications (collectively, the “Service”). VegaStack Inc., registered in the USA, and PeerXP Services Private Limited, registered in India, collectively referred to as “VegaStack”, “we”, “us”, or “our”, operate the Service.

Our Privacy Policy governs your use of our Service and explains how we collect, safeguard, and disclose information resulting from your use of our web pages.

Your agreement with us includes these Terms and our Privacy Policy ("Agreements"). By using our Service, you acknowledge that you have read, understood, and agree to be bound by these Agreements.

If you do not agree with (or cannot comply with) the Agreements, you may not use the Service. Please notify us by emailing [email protected] so we can try to find a solution. These Terms apply to all visitors, users, and others who wish to access or use the Service.

2. Communications

By using our Service, you consent to receive newsletters, marketing, and promotional materials, and other information we may send. You can opt out of receiving any or all of these communications by following the unsubscribe link provided in the email or by emailing [email protected].

3. Purchases

If you wish to purchase any product or service through our Service ("Purchase"), you may need to provide certain information relevant to your Purchase, including but not limited to your credit or debit card number, the expiration date of your card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any card(s) or other payment method(s) in connection with any Purchase; and (ii) the information you provide to us is true, correct, and complete.

We may use third-party services to facilitate payment and the completion of Purchases. By submitting your information, you grant us the right to provide this information to these third parties, subject to our Privacy Policy.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to product or service availability, errors in the description or price of the product or service, errors in your order, or other reasons.

We also reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

4. Promotions

Any promotions ("Promotions") offered through the Service refer to any special offers, discounts, contests, or other promotional activities that we may provide from time to time. These Promotions may be governed by separate rules in addition to these Terms of Service. If you choose to participate in any Promotions, you agree to review and comply with the specific rules and our Privacy Policy. In the event of any conflict between the rules of a Promotion and these Terms of Service, the rules of the Promotion shall prevail.

5. Payments, Renewals, and Cancellations

 

5.1 Fees and Payment

  1. Service Fees: We offer both one-time and subscription-based services. Fees must be paid prior to accessing any service. Subscription fees are charged on a monthly, quarterly, or annual basis, as selected during account setup.
  2. Payment Methods: All fees are billed to the designated credit card, debit card, or PayPal account. For fees above a certain threshold, payments can also be made via NEFT, IMPS, wire transfer, or other banking channels to our designated bank account.
  3. Third-Party Payment Providers: Payments are processed through third-party platforms. We do not collect or store payment method details and are not liable for any issues arising from these third-party providers. Users should review the privacy policy of the third-party payment platform provider before submitting payment details.
  4. Invoices: A system-generated invoice will be sent to the user via email, text message, or other mediums, specifying the details of the service availed and the amount paid.

5.2 Auto Renewal

  1. Automatic Renewal: To ensure uninterrupted service, subscriptions automatically renew at the end of the current term for the same duration unless cancelled. Renewal fees will be charged to the payment method on file at the then-current rate.
  2. Notification of Fee Changes: If there are changes in the subscription fees, we will notify you via email before the renewal. The fee structure may vary based on regional taxes and regulations.
  3. Disabling Auto Renewal: You may disable the auto-renewal option at any time before the renewal date. If you do not wish for a service to auto-renew, you must cancel it at least 30 days before the renewal date.

5.3 Cancellation

  1. Client-Initiated Cancellation Process: To cancel a subscription, a client must submit a request through our support system or the subscription URL provided by the payment processor. If using PayPal, clients must also cancel recurring payments via their PayPal account interface.
  2. Notice Period: Cancellations must be made at least 30 days before the renewal date. If a cancellation request is made within this period, the service will terminate at the end of the current term.

5.4 Refunds

  1. Eligibility: Clients dissatisfied with our service are eligible for a full refund within the first 30 days of the subscription start date. The refund policy applies exclusively to subscription-based services and does not cover one-time services or services already availed.
  2. Request Process: To initiate a refund, clients must contact our customer support team with a formal request, including relevant details such as the subscription start date and the reason for dissatisfaction.
  3. Exceptional Circumstances: Our refund policy also addresses other types of refunds beyond the 30-day money-back guarantee. This includes exceptional circumstances where clients may be eligible for a refund even outside of the initial 30-day period. Each case will be considered individually, and the decision will be made based on the specific details provided by the client.
  4. Processing Time: Once a refund request is approved, refunds will be processed within 7-14 working days. Clients will receive a notification via email once the refund has been processed, ensuring they are kept informed about the status of their request.

6. Content

Our Service allows you to post, link, store, share, and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.

By posting Content on or through the Service, you represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.

You retain any and all of your rights to any Content you submit, post, or display on or through the Service, and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Service. However, by posting Content using the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.

VegaStack has the right but not the obligation to monitor and edit all Content provided by users.

In addition, Content found on or through this Service is the property of VegaStack or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.

7. Prohibited Uses

You may use Service only for lawful purposes and in accordance with Terms. You agree not to use Service:

  1. In any way that violates any applicable national or international law or regulation.
  2. For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.
  3. To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.
  4. To impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity.
  5. In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
  6. To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Service, or which, as determined by us, may harm or offend Company or users of Service or expose them to liability.

Additionally, you agree not to:

  1. Use Service in any manner that could disable, overburden, damage, or impair Service or interfere with any other party’s use of Service, including their ability to engage in real-time activities through Service.
  2. Use any robot, spider, or another automatic device, process, or means to access Service for any purpose, including monitoring or copying any of the material on Service.
  3. Use any manual process to monitor or copy any of the material on Service or for any other unauthorized purpose without our prior written consent.
  4. Use any device, software, or routine that interferes with the proper working of Service.
  5. Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
  6. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Service, the server on which Service is stored, or any server, computer, or database connected to Service.
  7. Attack Service via a denial-of-service attack or a distributed denial-of-service attack.
  8. Take any action that may damage or falsify Company rating.
  9. Otherwise attempt to interfere with the proper working of Service.

8. Analytics

We may use third-party service providers to help monitor and analyze the usage of our Service. These providers gather data on user interactions, performance, and engagement to help us improve and optimize the Service. By using our Service, you consent to this data collection as per our Privacy Policy.

9. No Use By Minors

The Service is intended solely for individuals who are at least eighteen (18) years old. By accessing or using the Service, you warrant and represent that you are at least eighteen (18) years of age and possess the legal authority, right, and capacity to enter into this agreement and comply with all the terms and conditions outlined herein. If you are under eighteen (18) years old, you are prohibited from accessing or using the Service.

10. Intellectual Property

The Service, along with its original content (excluding user-generated Content), features, and functionality, are and shall remain the exclusive property of VegaStack and its licensors. The Service is protected by copyright, trademark, and other applicable laws of and foreign countries. Our trademarks may not be used in connection with any product or service without the prior written consent of VegaStack.

11. Copyright Policy

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes on the copyright or other intellectual property rights ("Infringement") of any person or entity.

If you are a copyright owner or authorized to act on behalf of one, and you believe that the copyrighted work has been copied in a manner that constitutes copyright infringement, please submit your claim via email to [email protected], with the subject line: "Copyright Infringement". Include in your claim a detailed description of the alleged infringement as outlined below under "DMCA Notice and Procedure for Copyright Infringement Claims".

You may be held liable for damages (including costs and attorneys' fees) for any misrepresentation or bad-faith claims regarding the infringement of any Content found on and/or through the Service.

12. DMCA Notice and Procedure for Copyright Infringement Claims

To submit a notification under the Digital Millennium Copyright Act (DMCA), please provide our designated Copyright Agent with the following information in writing. This process is outlined in accordance with 17 U.S.C 512(c)(3) of the DMCA:

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest.
  2. A description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
  3. Identification of the URL or other specific location on Service where the material that you claim is infringing is located.
  4. Your address, telephone number, and email address.
  5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
  6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

You can contact our Copyright Agent via email at [email protected].

13. Error Reporting and Feedback

We welcome and appreciate your feedback on our Service. You may provide feedback, including suggestions for improvements, ideas, or other input ("Feedback") directly to [email protected] or through third-party platforms. By submitting Feedback, you agree to the following terms:

  1. Ownership: You grant VegaStack a worldwide, perpetual, irrevocable, royalty-free license to use, modify, and incorporate your Feedback into our Service or other products without any obligation to compensate you.
  2. No Confidentiality: Feedback is not considered confidential information. We are free to use and disclose any Feedback without restriction.
  3. No Obligation: While we value your input, we are under no obligation to consider or implement any Feedback you provide.
  4. Representation: By submitting Feedback, you represent that you have the right to grant us the aforementioned license.
  5. Acknowledgment: You acknowledge that VegaStack may have developed or may develop in the future ideas similar to your Feedback independently.

This Feedback policy is designed to encourage open communication while protecting our ability to innovate and improve our Service based on user input.

14. Links To Other Web Sites

Our Service may contain links to third-party websites or services that are not owned or controlled by VegaStack.

VegaStack has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

YOU ACKNOWLEDGE AND AGREE THAT COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD-PARTY WEBSITES OR SERVICES.

WE STRONGLY ADVISE YOU TO READ THE TERMS OF SERVICE AND PRIVACY POLICIES OF ANY THIRD-PARTY WEBSITES OR SERVICES THAT YOU VISIT.

15. Disclaimer Of Warranty

THESE SERVICES ARE PROVIDED BY COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THEIR SERVICES, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THESE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK.

NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED WITH COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

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.

16. Limitation Of Liability

EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER, IT ARISES (INCLUDING ATTORNEYS’ FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF COMPANY, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

17. Termination

We may terminate or suspend your account and bar access to Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of Terms.

If you wish to terminate your account, please follow the procedure detailed in the Cancellation section above. Discontinuing use of the Service alone does not constitute account termination.

All provisions of Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

18. Governing Law

These Terms shall be governed and construed in accordance with the laws of India and the USA, which governing law applies to an agreement without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding Service.

19. Changes To Service

We reserve the right to withdraw or amend our Service, and any service or material we provide via Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of Service, or the entire Service, to users, including registered users.

20. Amendments To Terms

We may amend Terms at any time by posting the amended terms on this site. It is your responsibility to review these Terms periodically.

Your continued use of our Service following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use Service.

21. Waiver And Severability

No waiver by Company of any term or condition set forth in Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under Terms shall not constitute a waiver of such right or provision.

If any provision of Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of Terms will continue in full force and effect.

22. Acknowledgement

BY USING OUR SERVICE OR ANY OTHER SERVICES WE PROVIDE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.

23. Contact Us

For feedback, comments, or technical support requests, please contact us via email at [email protected].