By accessing or using our website located at https://comstack.co in any way or downloading, installing or using our mobile or desktop applications (the “Apps”), or any other website or application or plugins that links to this Agreement (collectively, the “Services”) provided by us or any of its affiliates or associate companies or subsidiaries (hereafter collectively referred as (“Comstack”, “ We”, “Us” or “Our”) or clicking on a button or taking similar action to signify your affirmative acceptance of this Agreement, or completing the Comstack account registration process, you hereby represent that:
(i) You have read, understood, and agree to be bound by this Agreement and any future amendments and additions to this Agreement as published from time to time on our Websites.
(ii) You are 18 years of age and eligible to form a binding contract with Comstack.
(iii) You have the authority to enter into the Agreement personally and, if applicable, on behalf of any company, organization, or other legal entity you have named as the user during the Comstack account registration process and to bind that company, organization, or entity to the Agreement.
Services provided by Comstack shall be included but not limited to technology platforms such as App, Website, Plug-ins or any other software supplied by Comstack.
The terms “you,” “user” and “users” refer to all individuals and other persons who access or use our services, including, without limitation, any companies, organizations, or other legal entities that register accounts or otherwise access or use the services through their respective employees, agents or representatives.
Except as otherwise provided herein, IF YOU DO NOT AGREE TO BE BOUND BY THE AGREEMENT, YOU MAY NOT ACCESS OR USE THE WEBSITE, THE SERVICES, OR THE APPLICATIONS.
1. General Information
PLEASE READ THESE TERMS AND CONDITIONS OF USE (“Agreement”) CAREFULLY. BY USING THE SERVICES, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF USE MENTIONED BELOW.
2.1. Device includes but is not limited to mobile devices, computers, computer system, Laptop available via web browser to Mac, Linux, Android, iOS, Windows.
2.2. Intellectual Property Rights mean and include without limitation all copyrights, patents, trademarks, trade secrets and other related rights pertaining to the App, Website, Plug-ins or any other software supplied by Comstack and related documents and shall remain, the sole and exclusive property of Comstack.
2.3. Third parties include but are not limited to business partners, suppliers, sub-contractors, advertisers & advertising networks, analytics & search engine providers, payment providers.
2.4. Content means your content or communications you post, share, link, store and otherwise make available certain information through the services, including text, graphics, image content and other such information.
To use our services, you must: be at least eighteen (18) years old, complete the registration process; agree to the Terms and provide true, complete, and up to date contact information.By using our services, you represent and warrant that you meet all the requirements listed above, and that you won’t use our services in a way that violates any laws or regulations. (Representing and warranting is like making a legally enforceable promise). Comstack may refuse service, close accounts of any users, and change eligibility requirements at any time.
4. Contractual Relationship
4.1. Comstack may terminate any of these terms or any services with respect to you, or generally cease offering or deny access to the services or any portion thereof, at any time for any reason.
4.2. Supplemental Terms may apply to certain services, such as policies for any particular event, activity or promotion, and such supplemental terms will be published on our services in connection with the applicable services from time to time. Supplemental Terms are in addition to, and shall be considered a part of, the Terms and Conditions of Use the purposes of the applicable services. Supplemental Terms shall prevail over these Terms and Conditions of Use in the event of a conflict with respect to the applicable services.
4.4. In case of incorporation of any new legislation or any amendments to the existing legislation governing data of any individual, some of the clauses of this Agreement may either be updated or deleted without any notice, to comply with the said provisions of the applicable legislation. Hence it is advisable to check this Agreement from time to time.
5. License Grant
5.1. Comstack grants you a revocable, non-exclusive, non-transferable, limited license to download, install and use its services including but not limited to its mobile/desktop applications, websites, plug- ins, products, or any other software developed strictly in accordance with these Terms.
5.2. You may not rent, lease, sell, redistribute, or sublicense the licensed Apps, nor copy, decompile, reverse engineer, disassemble the Apps or Website or our services.
6. Content Rights / Data Rights
6.1. You own the rights to the content you post on Comstack. We don’t claim ownership over any of it. However, by posting or transferring content to Comstack, you a royalty free, non-exclusive license and permission to use data generated by your usage of the service solely for the purpose of maintaining and improving the product. We may also use this data to provide you access to certain special product offers and promotions and non-identifiable, anonymous aggregate data regarding your usage computed by Comstack, solely for marketing purpose or distribution to third party research firm.
6.2. You retain any and all of your rights to any data you submit, post or display on or through the Service and you are responsible for protecting those rights.
6.3. We will never sell your data to third parties without your explicit permission.
6.4. By publishing on our services, you agree to allow others, with the right level of access and permission to view your data or when you explicitly share that within the product.
6.5. You’re responsible for the data you submit by using our services and assume all risks associated with it, including anyone else’s reliance on its accuracy, or claims relating to intellectual property or other legal rights. By posting, you represent and warrant us that you own or have the necessary rights to post data on our services, and that doing so doesn’t conflict with any other licenses you’ve granted.
7. Third Party Interactions
7.1. Our services may contain links to third-party Websites (“Third-Party Websites”) and Apps (“Third-Party Apps”) and advertisements (“Third-Party Advertisements”) (collectively, “Third-Party Websites & Advertisements”).
7.2. When you click on a link to a Third-Party Website, Third-Party App or Third-Party Advertisement, we will not warn you that you have left our Website, server or services and we will not warn you that you are subject to the Terms and Conditions (including privacy policies) of another website or destination. Such Third-Party Websites & Advertisements are not under the control of Comstack. We are not responsible for any Third-Party Websites, Third-Party Applications, or any Third-Party Advertisements.
7.3. We provide these Third-Party Websites & Advertisements only as a convenience and do not review, approve, monitor, endorse, warrant, or make any representations with respect to such Third-Party Websites & Advertisements, or their products or services.
7.4. You use all links in Third-Party Websites & Advertisements at your own risk. You should review applicable terms and policies, including privacy and data gathering practices of any Third-Party Websites or Third-Party Apps, and make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
7.5. You acknowledge and agree that our services are not responsible or liable for: (i) the availability or accuracy of such links, Websites/Apps or any other resources; or (ii) the content, products, or services on or available from such links Websites/Apps or resources.
7.6. Additionally, Apple Inc., Google Inc., Samsung Electronics Co. Ltd. and/or their applicable international subsidiaries and affiliates will be third-party beneficiaries to this contract if you access our services using Applications developed for Apple iOS, Android, Tizen, respectively. These third-party beneficiaries are not parties to this contract and are not responsible for the provision or support of our services in any manner.App Stores - You acknowledge and agree that the availability of the App is dependent on the third party from which you received the App license, e.g., the Apple iPhone or Android app stores (“App Store”). You acknowledge that this Agreement is between you and Comstack and not with the App Store. Comstack, not the App Store, is solely responsible for the software and the services, including the App and the services, the content thereof, maintenance, support services and warranty therefore, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). To use the App, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with the App or the services. You agree to comply with, and your license to use the App is conditioned upon your compliance with, all applicable third-party terms (e.g., the App Store’s Terms and Policies) when using the App. You acknowledge that the App Store (and its subsidiaries) are intended third-party beneficiaries of the Agreement and have the right to enforce them.
8. Prohibited Uses
You represent and warrant that you will not use our services to:
8.1. Upload or transmit content that violates the privacy, intellectual property, or other proprietary rights owned by us or any other party;
8.2. Transmit viruses, Trojan horses, worms, malicious code, or other harmful or destructive content;
8.3. Violate this Agreement, or any applicable law or regulation, including without limitation to laws designed to regulate unsolicited email or other electronic advertising;
8.4. Attempt to probe, scan, test, re-engineer or violate the security features of our services or of any associated system or network, or to obtain unauthorized access to materials or other information stored thereon;
8.5. Remove any copyright, trademark, or other proprietary notices from any portion of the services;
8.6. Use meta tags, hidden text or metadata with our trademark, logo, URL or product name without our written consent.
8.7. Use our user information to forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use our services to send altered source-identifying information.
8.8. Share your password, let anyone access your account or do anything that might put your account at risk, sell your username or otherwise transfer it for compensation.
8.9. Encourage or help anyone do any of the things on this list
8.10. Attempt to interfere with the use of the services by any other manner not expressly mentioned above.
8.11. Cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the services or unduly burdening or hindering the operation and/or functionality of any aspect of the services.
8.12. Attempt to gain unauthorized access to or impair any aspect of the services or its related systems or networks.
8.13. Commit or attempt to commit an act of money laundering or any other unlawful act in respect of services rendered.We reserve the right to cooperate fully in any investigation by law enforcement officials of any violation of this Agreement. We also reserve the right to terminate your use of the services for violating any of the prohibited uses.
9. Account Access
9.2. You agree to maintain accurate, complete, and up-to-date information in your account. Your failure to maintain accurate, complete, and up-to-date account information, may result in your inability to access and use the services or Comstack’s termination of these Terms with you.
9.3. You are responsible for all activity that occurs under your account, and you agree to maintain the security and secrecy of your account username and password at all times.
9.4. You may also choose to link your social network profile including but not limited to Facebook, Google or any other such platform with us and use that as your login credentials. We shall use the same to retrieve certain details from them. However, we will not post anything public on user’s behalf without your permission.
10. User Requirements & Conduct
10.1. You will not modify, create derivative works of, decompile or otherwise attempt to extract source code and object code from us. You agree that you will not upload, share, or otherwise distribute any Content that is against any clauses mentioned in Clause 8.
10.2. You agree that we may at any time, and at our sole discretion, terminate your account without prior notice to you and without reimbursement if we suspect a violation any of these Terms and Conditions of Use. In addition, you acknowledge that we will cooperate fully with investigations by law enforcement authorities.
11. Payment and Commercial Terms
11.1. Signing up for a Comstack account maybe free for some users. The free usage of the product includes but not limited to recording expenses, creating expense reports, and additional functionality such as calculating mileage and other features that may be activated upon the sole discretion of the company.
11.2. If you are a paid User, you agree to pay all per-use Subscription Fees or fees associated with your usage, as appropriate ("Subscription Fees"). All subscriptions paid through third parties are subject to the third party's Terms and Conditions of Use, and we will not be responsible for anything contained therein. You are responsible for payment of any sales or use taxes associated with the Subscription Fees or your use of our services.
11.3. If, for any reason, your payment is not received by Comstack, your paid User account will revert to a free User account until payment is received by us. You agree that until your paid User account subscription is terminated or expires, you will continue to remain responsible for the subscription payments, even if you do not use our service. Subscription payments are non-refundable.
12. Changes in Subscription plans:We may change our fees at any time by posting a new pricing structure to our services by sending you a notification by email.
13. Billing Cycle
13.1. If you are a commercial user, you shall be billed as per your subscription plans.
13.2. You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a subscription.
13.3. At the end of each Billing Cycle, your subscription will automatically renew under the exact same conditions unless you cancel it or Comstack cancels it.
13.4. A valid payment method, including credit card, is required to process the payment for your subscription. You shall provide Comstack with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize Comstack to charge all subscription fees incurred through your account to any such payment instruments.
13.5. In case automatic billing fails to occur for any reason, Comstack will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
14. Free Trials
14.1. Comstack may, at its sole discretion, offer a subscription with a free trial for a limited period of time (“Free Trial”). You may be required to enter your billing information in order to sign up for the Free Trial.
14.2. If you do enter your billing information when signing up for the Free Trial, you will not be charged by Comstack until the Free Trial has expired. On the last day of the Free Trial period, unless you cancelled your subscription, you will be automatically charged the applicable subscription fees for the type of subscription you have selected. At any time and without notice, Comstack reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.
15. Intellectual Property Rights
15.1. The content displayed on the services is our copyrighted property. Similarly, the services name and its original content, features and functionality are owned by Comstack and are protected by copyright, trademark, and other intellectual property rights. Copying, distributing, modifying, or creating derivative works of our services without our written permission is strictly prohibited.
15.2. Neither your use of the services nor this Agreement grants you any right, title or interest in our copyrights, trademarks and patents or the intellectual properties so owned by us.
15.3. Comstack's trademarks and/or service marks may not be used in connection with any product or service that is not provided by Comstack, in any manner that is likely to cause confusion among customers or users of the Website, tarnishes or dilutes the marks, or disparages or discredits Comstack.
15.4. Our services include a user interface that allows you to upload user content. You are granted a limited right to use those services only in conjunction with the services and in accordance with these Terms and Conditions of Use.
16. Notice of Copyright or Intellectual Property Infringement
16.1. Please notify us if you believe any of your intellectual property rights have been infringed by a User of our services. Please email firstname.lastname@example.org for complaints and customer service inquiries.
17. Text Messaging & Promotional Codes
17.1. By creating an Account, you agree that we may send you text (SMS) messages or email communications as part of the normal business operation of your use of the services. You may opt-out of receiving such communication by writing to us at email@example.com
17.2. Comstack may, in its sole discretion, create promotional codes that may be redeemed for Account credit, or other features or benefits related to the services and/or a third-party provider’s services, subject to any additional Terms that Comstack establishes on a per promotional code basis (“Promo Codes”). Please refer to our supplemental terms from time to time.
18. Network Access & Devices
18.1. You are responsible for obtaining the data network access necessary to use the services. Your mobile network’s data and messaging rates and fees may apply if you access or use the services from a wireless-enabled device and you shall be responsible for such rates and fees.
18.2. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the services and any updates thereto. In addition, the services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
19. Disclaimers & Limitation of Liability
DISCLAIMER OF WARRANTIES
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
COMSTACK DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, AND NON-INFRINGEMENT. IN ADDITION, COMSTACK MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICES OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. COMSTACK DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTIES. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
LIMITATION OF LIABILITY
IN NO EVENT SHALL COMSTACK BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICES.YOU ARE SOLELY RESPONSIBLE FOR MAKING BACKUP COPIES OF ANY AND ALL OF YOUR CONTENT. COMSTACK SHALL NOT BE LIABLE FOR ANY LOSS OF OR DAMAGE TO YOUR CONTENT.
You acknowledge to defend, indemnify and hold Comstack, its affiliates, subsidiaries, directors, officers, employees, agents, partners and any other licensors (each, an “Indemnified Party”) harmless from and against any claim, disputes or demand, including reasonable attorneys’ fees, made by a third party, relating to, or arising from:
20.1. Your violation of any third-party right, including without limitation to any right to privacy, publicity rights or intellectual property rights, including content the user distributes through the services;
20.2. Your wrongful or improper use of the services;
20.3. Your violation of any applicable laws, rules or regulations or any other applicable law through or related to the use of our services;
20.4. The indemnifications set forth above will survive the termination or expiration of this Agreement and/or your use of the services.
21.1. If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions of the Agreement will continue in full force and effect.
22. Account Suspension and Termination
22.1. We may terminate or suspend your access to use any and all services, without prior notice or liability, for any reason or no reason, including but not limited to if you breach any of the Terms. In particular, we may terminate or suspend Accounts that have been flagged for suspected fraudulent activities.
22.2. Upon termination of your access to use a service, including but not limited to suspension of your Account, right to use or access our services and any information associated with them will immediately cease and may result in forfeiture and destruction.
22.3. Some provisions including but not limited to ownership provisions, warranty disclaimers, limitations of liability etc due to their nature shall survive termination of this Agreement. Termination of your access to and use of the services shall not relieve you from any obligations arising or accruing prior to such termination or limit any liability which they otherwise may have to Comstack or any third party.
23. Changes to Terms & Conditions
Comstack reserves the right to modify the Terms of this Agreement or its policies at any time, effective upon posting of an updated version of this Agreement on its services. You should regularly review this Agreement, as your continued use of the services after any such changes constitutes your agreement to such changes.
24. Entire Agreement
The Terms, together with any additional terms and conditions incorporated herein or referred to herein constitute the entire Agreement between Comstack and you, relating to the subject matter hereof, and supersedes any prior understanding or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on our services.
25. Governing Laws
The Agreement and any dispute arising from the same will be governed by the laws applicable in India and and/or applicable as applied to agreements entered into and to be performed entirely within India, without regard to its choice of law or conflicts of law principles.
26. Compliance with laws
26.1. You represent and warrant that your use of our services will comply with all applicable laws and regulations. You may not use our service for any unlawful or discriminatory activities, including acts prohibited by the laws in India that apply to commerce.
26.2. You have complied, and will comply, with all regulations, as well as data protection, electronic communication, and privacy laws that apply to the countries where you’re sending any form of communication through our services.
26.3. Agree to indemnify and hold us harmless from any losses, including attorney fees, that result from your breach of any part of these warranties.
Disputes are defined as any claim, controversy, or dispute between you and Comstack, including any claims relating in any way to the present Agreement, any supplemental Terms, or the services, amendments, or any other aspects of the Agreement.
Binding Individual Arbitration
A. You and Comstack agree to arbitrate any and all disputes by a neutral arbitrator appointed by us who has the power to award the same damages and relief that a court can.
B. Any arbitration under these general terms will only be on an individual basis.
C. Class arbitrations, class actions, private attorney general actions, representative actions and consolidation with other arbitrations are not permitted.
D. You waive any right to have your case decided by a jury and further waive any right to participate in a class action against Comstack.
E. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced (but in no case, will there be a class or representative arbitration).
F. All disputes will be resolved finally and exclusively by binding individual arbitration with a single arbitrator administered by the provisions of Arbitration and Conciliation Act, 1996.
G. Any arbitration hearing will occur in India, or another mutually agreeable location.
Powers of Arbitrator
The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and the Comstack. The arbitration proceeding will not be consolidated with any other matters or joined with any other proceedings or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and this Agreement (including this Arbitration Agreement). The arbitrator will issue a written statement of decision describing the essential findings and conclusions on which any award (or decision not to render an award) is based, including the calculation of any damages awarded. The arbitrator shall follow the applicable law. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The arbitrator’s decision is final and binding on you and Comstack.
You may opt out of this Arbitration Agreement. If you do so, neither you nor Comstack can force the other to arbitrate as a result of this Agreement. To opt out, you must notify us in writing no later than 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, username (if any), the email address you used to set up your account (if you have one), and a CLEAR statement that you want to opt out of this Arbitration Agreement. You must send opt-out notice to: firstname.lastname@example.org. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may have entered into with us or may enter into in the future with us.
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, NOTHING IN THIS AGREEMENT SHALL SUPERSEDE, AMEND, OR MODIFY THE TERMS OF ANY SEPARATE AGREEMENT(S) BETWEEN YOU AND COMSTACK RELATING TO YOUR WORK AS AN EMPLOYEE OR INDEPENDENT CONTRACTOR, INCLUDING WITHOUT LIMITATION, ANY INDEPENDENT CONTRACTOR AGREEMENT GOVERNING YOUR SERVICES.28.
A) Notice: Comstack may give notice by means of a general notice on the Services via electronic mail to your email address, you may give notice to Comstack via electronic mail to our email address email@example.com
B) General: You may not assign or transfer these Terms in whole or in part without Comstack’s prior written approval. You give your approval to Comstack for it to assign or transfer these Terms in whole or in part, including to: (i) a subsidiary or affiliate; (ii) an acquirer of Comstack’s equity, business or assets; or (iii) a successor by merger.
No joint venture, partnership, employment or agency relationship exists between you, Comstack or any third-party provider as a result of the contract between you and Comstack for use of the Services.
30. Updates to services
30.1. Comstack may from time to time provide enhancements or improvements to the features/functionality of services, which may include patches, bug fixes, updates, upgrades and other modifications ("Updates").
30.2. Updates may modify or delete certain features and/or functionalities of the services. You agree that Comstack has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of services to you.
30.3. You further agree that all Updates will be (i) deemed to constitute an integral part of the services, and (ii) subject to the Terms of this Agreement.
31. No Changes in Terms at your request
The terms mentioned herein shall not be changed by any one of you or your group. The same terms and conditions of use shall be applicable for all users.
32. Contact Information
Comstack welcomes your questions or comments regarding the Terms: you can email us at firstname.lastname@example.org