Last updated: November 14, 2024
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").
Astra Stack provides predictive forecasting systems and data infrastructure solutions, including:
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.
Our Services are intended for business and professional use only. By using our Services, you represent and warrant that:
If you create an account to access our Services:
You agree not to use our Services to:
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.
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.
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.
For custom development projects:
Pricing for our Services is determined based on project scope and outlined in separate agreements. General payment terms:
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.
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.
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.
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.
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.
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:
We are committed to protecting your data and privacy. Our data processing practices are governed by:
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.
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.
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.
These Terms, together with any Service Agreement and our Privacy Policy, constitute the entire agreement between you and Astra Stack regarding our Services.
If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term.
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.
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.
For questions about these Terms, please contact us:
Acknowledgment
By using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.