Terms and Conditions
Last Updated: November 30, 2024
These Terms and Conditions ("Agreement") govern your use of the website, services, and software solutions provided by Magicstack Enterprise LLP ("Company," "we," "us," or "our"). By accessing, browsing, or using our website and services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our services.
1. Services Description
Magicstack Enterprise LLP provides custom software development, DevOps solutions, e-commerce platforms, and enterprise software services. Our services are provided on an as-is basis and subject to these Terms and any service agreements you may enter into with us.
2. User Eligibility and Account Responsibility
You must be at least 18 years of age and have the legal capacity to enter into binding agreements to use our services. By agreeing to these Terms, you represent and warrant that you meet these requirements.
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.
3. Acceptable Use Policy
You agree to use our services only for lawful purposes and in accordance with these Terms. You specifically agree not to:
- Use our services for any illegal activities or to violate applicable laws
- Attempt to gain unauthorized access to our systems or networks
- Transmit malware, viruses, or harmful code
- Engage in harassment, abuse, or discrimination
- Violate intellectual property rights of others
- Disrupt the normal functioning of our services
- Reverse engineer, decompile, or attempt to derive source code (unless permitted)
- Engage in any form of automated data collection without authorization
4. Intellectual Property Rights
All content, materials, software, and intellectual property on our website and services are owned by or licensed to Magicstack Enterprise LLP. This includes but is not limited to source code, documentation, designs, trademarks, and logos.
You are granted a limited, non-exclusive, non-transferable license to use our services for their intended purpose. This license does not permit you to reproduce, distribute, modify, or create derivative works without our prior written consent.
5. User-Generated Content
If you submit any content to our services, you grant us a worldwide, royalty-free, sublicensable license to use, modify, and distribute such content. You represent and warrant that you own or have the necessary rights to all submitted content and that it does not infringe upon any third-party rights.
6. Third-Party Links and Services
Our website may contain links to third-party websites and services. We are not responsible for the content, accuracy, or practices of these external sites. Your use of third-party services is governed by their own terms and privacy policies.
7. Service Availability and Support
We strive to maintain continuous service availability but do not guarantee uninterrupted or error-free service. We may perform maintenance, updates, or modifications that may temporarily affect service availability. We will make reasonable efforts to provide advance notice of planned maintenance.
8. Payment Terms
If you enter into a paid service agreement with us, you agree to pay all charges according to the pricing and payment schedule specified. Failure to pay may result in suspension or termination of services. All payments are non-refundable unless otherwise specified in writing.
9. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, MAGICSTACK ENTERPRISE LLP SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR YOUR USE OF OUR SERVICES SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO US IN THE TWELVE MONTHS PRECEDING THE CLAIM.
10. Disclaimer of Warranties
OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
11. Indemnification
You agree to indemnify, defend, and hold harmless Magicstack Enterprise LLP, its directors, employees, and agents from any claims, damages, losses, or expenses (including attorney's fees) arising from your use of our services, violation of these Terms, or violation of any third-party rights.
12. Termination
We may terminate or suspend your access to our services immediately, without notice, for violation of these Terms or for any other reason at our sole discretion. Upon termination, your right to use our services ceases immediately.
13. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law principles. Any disputes arising from these Terms shall be subject to the exclusive jurisdiction of the courts in Bengaluru, India.
14. Modifications to Terms
We reserve the right to modify these Terms at any time. Changes will be posted on this page with an updated "Last Updated" date. Your continued use of our services after modifications constitutes acceptance of the updated Terms.
15. Severability
If any provision of these Terms is found to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall remain in full force and effect.
16. Contact Information
For questions or concerns regarding these Terms and Conditions, please contact us at:
Magicstack Enterprise LLP
235, 2nd & 3rd Floor, 13th Cross Road
Indira Nagar 2nd Stage
Bengaluru – 560038, India
Email: support@magicstack.dev
Phone: +91 976 362 6132