Terms of Service
StellarAlgo (“ StellarAlgo”, “We”, “Us”) owns and operates the StellarAlgo websites, available at www.stellaralgo.com and app.stellaralgo.com, including all subpages, (the collectively, “Websites”) which We use to make available the StellarAlgo analytics and data insights application (collectively, the “Application”).
1. STELLARALGO APPLICATION
1.1 Terms of Service. These Terms of Service (the “Terms”) apply to all visitors and users of the Website or Application (“Users”). StellarAlgo may modify these Terms at any time in our sole discretion by posting a notice on the Website. Any changes will take effect 30 days from the date of posting of an update to these Terms.
2. LICENSE; INTELLECTUAL PROPERTY
2.1 License. Subject to your compliance with these Terms and your payment of any applicable license fees, StellarAlgo grants you a non-transferable, non-exclusive, license to (a) access and use the Website and the Application, and (b), subject to the payment of any applicable fees, use, access, copy and display the purchased Application for internal business purposes only (the “License”). The Application is licensed to you and not sold. The Application may not be re-sold or otherwise distributed to any third party without the prior written consent of StellarAlgo .Except as explicitly provided herein, nothing in the Terms gives you a right to use the StellarAlgo names, trademarks, logos or other distinctive brand features without our prior written consent.
2.2 Reservation of Rights. The Website and Application, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, and music (the “StellarAlgo Content”), and all intellectual property rights related thereto, are the exclusive property of StellarAlgo and its licensors. Use of the StellarAlgo Content for any purpose not expressly permitted by this Agreement is strictly prohibited.
2.3 Feedback. You may choose to or we may invite you to submit comments or ideas about the Website or Application, including but not limited to, about how to improve the Application or our services (“Feedback”). By submitting any Feedback, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place StellarAlgo under any fiduciary or other obligation, and that we are free to use the Feedback without any compensation to you, and free to disclose the Feedback on a non-confidential basis or on any other basis, to anyone.
You agree to use the StellarAlgo Website and the Application only for purposes as permitted by these Terms. StellarAlgo reserves the right to modify or impose any limitations on the use of the StellarAlgo Website or Application at any time, with or without notice to you. In using the StellarAlgo Website and/or the Application you shall not:
(a) intentionally or unintentionally violate any of these Terms, or any local, state, provincial, national or international law or regulation, including without limitation using the capabilities of the Website to transmit any unlawful content, to harass or intimidate others, to spam third parties or to impersonate anyone;
(b) license, sell, rent, lease, transfer, assign or otherwise commercially exploit the StellarAlgo Website or Application;
(c) upload, post, email, transmit or otherwise make available any material that:
· is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially or ethnically objectionable, encourages criminal behavior, gives rise to civil liability, violates any law, or is otherwise objectionable;
· you do not have a right to make available under any law or under a contractual relationship;
· infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party (including privacy rights);
· is or contains unsolicited or unauthorized advertising, solicitations for business, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
· contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or data or the Website or that of any Users or viewers of the Website or that compromises a User’s privacy; or
· contains any falsehoods or misrepresentations or create an impression that you know is incorrect, misleading, or deceptive, or any material that could damage or harm minors in any way;
(d) or modify, translate, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the StellarAlgo Website, Application or any software provided by us;
(e) use our Website to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
(f) “stalk” or harass any other User or collect or store any information about any other User other than for purposes of transacting with one another;
(g) impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
(h) use automated scripts to collect information or otherwise interact with the Application or the Website; or
(i) advocate, encourage, or assist any third party in doing any of the foregoing.
You agree to defend, indemnify and hold StellarAlgo, its affiliates, subsidiaries, directors, officers, employees, agents, partners and licensors harmless from any claim or demand, including reasonable legal fees, made by a third party, relating to or arising from: (a) any content you create, submit, post, transmit, or otherwise make available through the Website or Application; (b) your use of the Website or Application; (c) any violation by you of these Terms; or (d) your violation of any rights of another. This obligation shall survive the termination or expiration of these Terms and/or your use of the Website or Application.
StellarAlgo may, at any time and for any reason or no reason, without prior notice, immediately suspend all or a portion of your account and/or access to the Website or Application. Cause for such termination shall include, but not be limited to: (a) violations of the Terms, or any other policies or guidelines that are referenced herein and/or posted on the Website or Application; (b) discontinuance or material modification to the Website, Application, or any part thereof; (c) a request and/or order from law enforcement, a judicial body, or other government agency; (d) where provision of the StellarAlgo Website or Application to you is or may become unlawful; (e) unexpected technical or security issues or problems; or (f) your participation in fraudulent or illegal activities. Any such termination or suspension shall be made by StellarAlgo in its sole discretion, and StellarAlgo will not be responsible to you or any third party for any damages that may result or arise out of such termination or suspension of access to the Website or Application.
6. THIRD-PARTY CONTENT
6.1 Advertisements. You acknowledge and agree that the Website may contain advertisements from third parties. If you elect to have any business dealings with anyone whose products or services may be advertised on the Website, you acknowledge and agree that such dealings are solely between you and such third party and you further acknowledge and agree that StellarAlgo shall not have any responsibility or liability for any losses or damages that you may incur as a result of any such dealings.
6.2 Links. The Website and Application may contain links to other websites that are not owned or controlled by StellarAlgo. In no event shall any reference to any third party, advertisement, third-party product or service be construed as an approval or endorsement by StellarAlgo of that third party, third-party product or service. StellarAlgo is not responsible for the content of any linked websites. Any third-party websites or services accessed from the Website or Application are subject to the terms and conditions of those websites and or services and you are responsible for determining those terms and conditions and complying with them. The presence on the Website or Application of a link to any other website(s) or any advertisements does not imply that StellarAlgo endorses or accepts any responsibility for the content or use of such websites, and you hereby release StellarAlgo from all liability and/damages that may arise from your use of such websites or receipt of services from any such websites.
7. DISCLAIMER OF WARRANTIES AND CONDITIONS
THE WEBSITE AND APPLICATION ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. STELLARALGO SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND RELATING TO THE WEBSITE AND APPLICATION, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR MERCHANTABLE QUALITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM STELLARALGO OR THROUGH OR FROM THE APPLICATION SHALL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THESE TERMS.
8. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL STELLARALGO BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM (A) YOUR USE OF OR YOUR INABILITY TO USE THE STELLARALGO WEBSITE OR APPLICATION, (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR APPLICATION, (C) ERRORS, MISTAKES, OR INACCURACIES IN ANY INFORMATION AVAILABLE ON THE WEBSITE OR PLATFORM, OR (D) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITE OR APPLICATION, ANY BUGS, VIRUSES OR OTHER FILES OR DATA THAT MAY BE HARMFUL TO COMPUTER OR COMMUNICATION EQUIPMENT OR DATA THAT MAY HAVE BEEN TRANSMITTED TO OR THROUGH THE STELLARALGO WEBSITE.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, STELLARALGO’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIVE HUNDRED CANADIAN DOLLARS ($500) OR (B) AMOUNTS YOU’VE PAID STELLARALGO IN THE 6 MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM (IF ANY). THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, AS SUCH, TO THE EXTENT SUCH EXCLUSIONS OR LIMITATIONS ARE SPECIFICALLY PROHIBITED BY LAW, SOME OF THE EXCLUSIONS OR LIMITATIONS SET FORTH BELOW MAY NOT APPLY TO YOU.
9. GOVERNING LAW; JURISDICTION
This Agreement shall be governed by the laws in effect in the Province of Alberta Canada. No choice of laws rules of any jurisdiction shall apply to this Agreement. Subject to the Arbitration terms below, the courts of the Province of Alberta located in Calgary shall have jurisdiction over any legal action or proceeding arising out of or relating to these Terms, the StellarAlgo Website or the Application and you consent to the jurisdiction of such courts for any such action or proceeding. You waive all rights that you may have or that may hereafter arise to contest such jurisdiction of such courts. The parties waive any right to a jury trial with respect to any action brought in connection herewith. The application of the United Nations Convention on Contracts for the International Sale of Goods to this Agreement is expressly excluded.
10. ENTIRE AGREEMENT
11. ENGLISH LANGUAGE
It is the express wish of the parties that this agreement and all related documents be drawn up in English. C’est la volonté expresse des parties que la présente convention ainsi que les documents qui s’y rattachent soient rédigés en anglais.
12. CONTACT US
If you have any questions about these Terms or if you wish to receive any additional information, provide feedback or raise any concerns in relation to the StellarAlgo Website or Application please contact us at: email@example.com
Last Updated (Effective Date): Nov 20, 2019