Terms of Service

Last updated: November 14, 2024

1. Agreement to Terms

These Terms of Service ("Terms") govern your access to and use of the Astra Stack website, services, and products (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, do not use our Services.

These Terms constitute a legally binding agreement between you or the entity you represent ("Customer", "you", or "your") and Astra Stack Ltd. ("Astra Stack", "we", "us", or "our").

2. Services Description

Astra Stack provides predictive forecasting systems and data infrastructure solutions, including:

  • Operations and demand forecasting systems
  • Risk and scenario analysis platforms
  • Custom data pipelines and machine learning infrastructure
  • Implementation, integration, and consulting services

Specific service details, deliverables, and pricing are outlined in separate agreements (Service Agreement, Statement of Work, or Master Services Agreement) between you and Astra Stack.

3. Eligibility

Our Services are intended for business and professional use only. By using our Services, you represent and warrant that:

  • You are at least 18 years of age
  • You have the authority to bind the entity you represent to these Terms
  • You are not prohibited from using our Services under applicable law
  • All information you provide is accurate and current

4. User Accounts and Security

If you create an account to access our Services:

  • You are responsible for maintaining the confidentiality of your account credentials
  • You are responsible for all activities that occur under your account
  • You must immediately notify us of any unauthorized access or security breach
  • We reserve the right to suspend or terminate accounts that violate these Terms

5. Acceptable Use Policy

You agree not to use our Services to:

  • Violate any applicable laws, regulations, or third-party rights
  • Transmit malware, viruses, or malicious code
  • Attempt to gain unauthorized access to our systems or networks
  • Interfere with or disrupt the integrity or performance of our Services
  • Reverse engineer, decompile, or disassemble any part of our Services
  • Use our Services for any unlawful, fraudulent, or malicious purpose
  • Scrape, crawl, or harvest data from our Services without authorization

6. Intellectual Property Rights

6.1 Our IP Rights

All content, features, and functionality of our Services, including but not limited to text, graphics, logos, software, algorithms, and documentation (collectively, "Content") are owned by Astra Stack or our licensors and are protected by copyright, trademark, and other intellectual property laws.

6.2 License to Use

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Services for your internal business purposes, subject to these Terms. This license does not include any right to resell or commercial use of our Services.

6.3 Customer Data

You retain all rights to data you provide to us ("Customer Data"). By providing Customer Data, you grant us a limited license to use it solely to provide Services to you. We will handle Customer Data in accordance with our Privacy Policy and any applicable data processing agreements.

7. Custom Development and Deliverables

For custom development projects:

  • Ownership of custom code and systems developed specifically for you will be detailed in your Service Agreement
  • We retain the right to use general methodologies, frameworks, and non-customer-specific components
  • Acceptance criteria and testing procedures will be defined in the Statement of Work
  • Change requests may require amendments to scope, timeline, and pricing

8. Fees and Payment Terms

Pricing for our Services is determined based on project scope and outlined in separate agreements. General payment terms:

  • Fees are typically structured as fixed-price projects or time-and-materials engagements
  • Invoices are due within 30 days unless otherwise specified
  • Late payments may incur interest charges at the rate of 1.5% per month or the maximum allowed by law
  • We may suspend Services for accounts with overdue payments
  • All fees are exclusive of taxes, which are your responsibility

9. Warranties and Disclaimers

9.1 Our Warranties

We warrant that our Services will be performed in a professional and workmanlike manner consistent with industry standards. Any warranty claims must be made within 90 days of delivery.

9.2 Disclaimer

Except as expressly stated, our services are provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

We do not warrant that our Services will be uninterrupted, error-free, or completely secure. Forecasting systems inherently involve uncertainty, and we do not guarantee specific business outcomes or results.

10. Limitation of Liability

To the maximum extent permitted by law, Astra Stack shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, or goodwill, arising out of or related to these terms or our services.

Our total liability for any claims arising out of or related to these terms or our services shall not exceed the fees paid by you for the services in the 12 months preceding the claim, or $10,000, whichever is less.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.

11. Indemnification

You agree to indemnify, defend, and hold harmless Astra Stack and its officers, directors, employees, and agents from any claims, losses, damages, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of our Services, (b) your violation of these Terms, (c) your violation of any rights of another party, or (d) your Customer Data.

12. Confidentiality

Both parties agree to maintain the confidentiality of any proprietary or confidential information disclosed during the course of our business relationship. This obligation survives termination of these Terms for a period of 3 years.

Confidential information does not include information that: (a) is publicly available, (b) was known prior to disclosure, (c) is independently developed, or (d) is required to be disclosed by law.

13. Term and Termination

These Terms remain in effect until terminated by either party. You may terminate by ceasing to use our Services. We may terminate or suspend your access immediately if you breach these Terms.

Upon termination:

  • Your right to access and use our Services ceases immediately
  • You remain liable for all fees incurred prior to termination
  • Provisions that by their nature should survive (including IP rights, warranties, indemnification, and limitations of liability) will survive termination
  • We will return or destroy your Customer Data as specified in your Service Agreement

14. Data Protection and Privacy

We are committed to protecting your data and privacy. Our data processing practices are governed by:

  • Our Privacy Policy (incorporated by reference)
  • Applicable data protection laws, including GDPR where applicable
  • Any Data Processing Agreement executed between the parties

For processing of personal data, we act as a data processor and you act as the data controller. We will process personal data only in accordance with your documented instructions.

15. Governing Law and Dispute Resolution

These Terms are governed by the laws of the United Arab Emirates. Any disputes arising out of or related to these Terms or our Services shall be subject to the exclusive jurisdiction of the courts of Dubai, UAE.

For disputes under $50,000, both parties agree to first attempt resolution through good-faith negotiation for a period of 30 days before pursuing legal action.

16. Changes to These Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on our website with a new "Last Updated" date. Your continued use of our Services after such changes constitutes acceptance of the new Terms. If you do not agree to the updated Terms, you must stop using our Services.

17. General Provisions

17.1 Entire Agreement

These Terms, together with any Service Agreement and our Privacy Policy, constitute the entire agreement between you and Astra Stack regarding our Services.

17.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.

17.3 Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term.

17.4 Force Majeure

Neither party shall be liable for failure to perform due to circumstances beyond its reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, or government restrictions.

17.5 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign these Terms to any affiliate or in connection with a merger, acquisition, or sale of assets.

18. Contact Information

For questions about these Terms, please contact us:

Astra Stack Ltd.

Email: legal@astrastack.ae

General Inquiries: hello@astrastack.ae

Acknowledgment

By using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.