1. INTRODUCTION

1.1 These Terms and Conditions ("Agreement") constitute a legally binding agreement between you ("User", "you", or "your") and Springbord Systems Private Limited., ("Springbord", "Company", "we", "us", or "our") regarding your access to and use of Stackplanner.io ("Stack Planner") and related services (collectively, the "Services").

1.2 By accessing or using the Services, you acknowledge that you have read, understood, and agree to be legally bound by these Terms, the policies incorporated herein and also the Privacy Policy and other policies of Springbord available at Stackplanner.io. If you do not agree with these Terms, you must not access or use the Services.

1.3 Springbord reserves the right at any time to modify this Agreement and to add new or additional terms or conditions on your use of the Services. Such modifications and additional terms and conditions will be effective immediately and incorporated into this Agreement. Your continued use of the Services will be deemed acceptance thereof.

1.4 If you are using the Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms as if that organization was the user of these services and legally bound by these terms.

1.5 To use our Services, you need compatible hardware, software (latest version recommended and sometimes required) and Internet access (fees may apply). Our Services' performance may be affected by these factors.

2. ACCOUNT

2.1 Using or accessing our Services may require an Account. Your account is valuable, and you are responsible for maintaining its confidentiality and security. Springbord is not responsible for any losses arising from the unauthorized use of your account. Please contact Springbord if you suspect that your account has been compromised.

2.2 You must be age eighteen (18) and competent to enter into a valid contract under applicable laws to create an account and use our Services.

3. SUBSCRIPTIONS

3.1 The Services may allow you to purchase access to them on a subscription basis ("Paid Subscriptions").

3.2 Paid Subscriptions automatically renew until cancelled. When your Paid Subscription to any Service ends, you will lose access to any functionality or content of that Service that requires a Paid Subscription.

3.3 Refunds shall not granted under any circumstances except in the following:

3.3.1 Where a user identifies a broken functionality promise and the functionality has not been restored for a period of 30 days from the date the issue was reported to Springbord, a prorated refund will be issued. Refunds in such circumstances will not be granted if the services the respective user had subscribed to is a monthly subscription or if at the time the functionality issue was reported by a user, such user had previously availed the services and completed at least one paid subscription period and thereafter reviewed its paid subscription. "Paid Subscription Period" shall mean the period running from the commencement of a paid service to the termination of a paid service under a paid subscription.

3.3.2 Where Springbord terminates a user's subscription, a prorated refund will be issued. Refunds in such circumstances will not be granted if the services the respective user had subscribed to is a monthly subscription.

3.4 Certain Paid Subscriptions may offer a free trial prior to charging your payment method. If you start a free trial to a Paid Subscription and cancel before it ends, you cannot reactivate the free trial. Free trials shall be extended to only one user per company. Free trials will be extended for a maximum period of fourteen (14) days. On the expiry of the free trial period, users shall have a maximum of thirty (30) days to download their data.

3.5 You will be notified if the price of a Paid Subscription increases, and, if required, your consent will be required to continue.

3.6 Subscriptions to any of our services may be cancelled by exercising the cancellation option in the platform thirty (30) days in advance or by an email notice to support@stackplanner.io thirty (30) days in advance.

3.7 If we cannot charge your payment method for any reason (such as expiration or insufficient funds), and you have not cancelled the Paid Subscription, you remain responsible for any uncollected amounts, and we will attempt to charge the payment method as you may update your payment method information. This may result in a change to the start of your next Paid Subscription period and may change the date on which you are billed for each period, as displayed on your receipt. Springbord reserves the right to delete user content when your paid subscription or free trial with respect to any services ends.

3.8 We reserve the right to cancel your Paid Subscription if we are unable to successfully charge your payment method.

4. PAYMENT

4.1 You can access our Services for free or for a charge, either of which is referred to as a "Transaction." Each Transaction is an electronic contract between you and Springbord.

4.2 Springbord will charge your selected payment method for any paid Transactions, including any applicable taxes.

4.3 If we cannot charge you, you remain responsible for any uncollected amounts, and we may attempt to charge you again or request that you provide another payment method.

5. USER CONTENT

5.1 Our Services may allow you to record, share, store, submit or post content, materials, information and associated metadata.

5.2 Your use of our Services must comply with the Submission Guidelines below, which may be updated from time to time, and if we become aware of materials that violate our Submission Guidelines, we will remove them.

5.3 Our submission guidelines are as under.

5.3.1 You may not use the Services to record, share, store, submit, or post any content that (i) you do not have permission, right, or license to use, or (ii) infringes on the rights of any third party;

5.3.2 You may not use the Services to record, share, store, submit or post any content that is objectionable, offensive, unlawful, deceptive, inaccurate, or harmful content;

5.3.3 You may not use the Services to record, share, store, submit or post any content that is personal, private or confidential information belonging to others;

5.3.4 You may not use the Services to record, share, store, submit or post any content that is personal information of a minor;

5.3.5 You may not use the Services to record, share, store, submit or post any content to impersonate or misrepresent your affiliation with another person, or entity;

5.3.6 You may not use the Services to post or transmit spam, including but not limited to unsolicited or unauthorized advertising, promotional materials, or informational announcements;

5.3.7 You may not use the Services to plan or engage in any illegal, fraudulent, or manipulative activity.

5.4 If you see materials that do not comply with the Submissions Guidelines, including any offensive, abusive, or illegal content, please let us know by contacting Support@stackplanner.io

5.5 Except to the extent prohibited by law, you hereby grant Springbord a worldwide, royalty-free, perpetual, nonexclusive license to use the materials, content and information you submit within the Services as to use the materials you submit for Springbord internal purposes. Springbord may monitor and decide to remove or edit any submitted materials, content and information, including via automated content filters and/or human review.

6. LICENSE

6.1 The Services made available are licensed, not sold, to you by Springbord ("Licensor"). Your license to the Services is subject to your prior acceptance of either this terms of License herein.

6.2 Springbord reserves all rights in and to the Licensed Application not expressly granted to you under this Agreement.

6.3 Scope of License: Licensor grants to you a nontransferable license to use the Licensed Services as permitted by this Agreement. The terms of License in this Agreement will govern any content, materials, or services accessible from or purchased within the Licensed Services as well as upgrades provided by Licensor that replace or supplement the original Licensed Services. Except as provided in this Agreement you may not distribute or make the Licensed Services available over a network where it could be used by multiple devices at the same time. You may not transfer, redistribute or sublicense the Licensed Services except as expressly permitted in this Agreement. You may not copy (except as permitted by this Agreement), reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Services, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Licensed Services).

6.4 Consent to Use of Data: You agree that Licensor may collect and use technical data and related information---including but not limited to technical information about your device, system and application software, and peripherals---that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Licensed Services. Licensor may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.

6.5 Termination. This License is effective until terminated by you or Licensor. Your rights under this License will terminate automatically if you fail to comply with any of its terms.

6.6 External Services. The Licensed Services may enable access to Licensor's and/or third-party services and websites (collectively and individually, "External Services"). You agree to use the External Services at your sole risk. Licensor is not responsible for examining or evaluating the content or accuracy of any third-party External Services, and shall not be liable for any such third-party External Services. Data displayed by any Licensed Application or External Service, including but not limited to financial, medical and location information, is for general informational purposes only and is not guaranteed by Licensor or its agents. You will not use the External Services in any manner that is inconsistent with the terms of this License or that infringes the intellectual property rights of Licensor or any third party. You agree not to use the External Services to harass, abuse, stalk, threaten or defame any person or entity, and that Licensor is not responsible for any such use. External Services may not be available in all languages or in your Home Country, and may not be appropriate or available for use in any particular location. To the extent you choose to use such External Services, you are solely responsible for compliance with any applicable laws. Licensor reserves the right to change, suspend, remove, disable or impose access restrictions or limits on any External Services at any time without notice or liability to you.

6.7 NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED SERVICES IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED SERVICES AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.

6.8 LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, CORRUPTION OR LOSS OF DATA, FAILURE TO TRANSMIT OR RECEIVE ANY DATA (INCLUDING WITHOUT LIMITATION COURSE INSTRUCTIONS, ASSIGNMENTS AND MATERIALS), BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE LICENSED SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event shall Licensor's total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of two hundred and fifty dollars ($250.00). The foregoing limitations will apply even if the above-stated remedy fails of its essential purpose.

6.9 You shall not use or deal with the Licensed Services except as authorized by Indian law. You also agree that you will not use these products for any purposes prohibited by Indian law.

6.10 Except to the extent expressly provided in the following paragraph, this Agreement and the relationship between you and Springbord shall be governed by the laws of the Republic of India, excluding its conflicts of law provisions. You and Springbord agree to submit to the personal and exclusive jurisdiction of the courts located within Chennai city, state of Tamil Nadu, India, to resolve any dispute or claim arising from this Agreement.

7. INTELLECTUAL PROPERTY

7.1 You agree that the Services, including but not limited to Content, graphics, user interface, audio clips, video clips, editorial content, and the scripts and software used to implement the Services, contain proprietary information and material that is owned by Springbord, its licensors and/or Content providers, and is protected by applicable intellectual property and other laws, including but not limited to copyright.

7.2 You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the Services in compliance with this Agreement. No portion of the Content or Services may be transferred or reproduced in any form or by any means, except as expressly permitted by this Agreement. You agree not to modify, rent, loan, sell, share, or distribute the Services or Content in any manner, and you shall not exploit the Services in any manner not expressly authorized.

7.3 The Springbord name, the Springbord logo, StackPlanner Name, StackPlanner logo and other Spingbord trademarks, service marks, graphics, and logos used in connection with the Services are trademarks or registered trademarks of Springbord throughout the world. You are granted no right or license with respect to any of the aforesaid trademarks.

8. DISCLAIMER OF WARRANTIES; LIABILITY LIMITATION

8.1 SPRINGBORD DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME SPRINGBORD MAY REMOVE THE SERVICES FOR INDEFINITE PERIODS OF TIME, CANCEL THE SERVICES AT ANY TIME, OR OTHERWISE LIMIT OR DISABLE YOUR ACCESS TO THE SERVICES WITHOUT NOTICE TO YOU.

8.2 YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, OR ACTIVITY IN CONNECTION WITH THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES DELIVERED TO YOU THROUGH THE SERVICES ARE (EXCEPT AS EXPRESSLY STATED BY SPRINGBORD) PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.

8.3 IN NO CASE SHALL SPRINGBORD, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY OF THE SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY INJURY, LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.

8.4 SPRINGBORD SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICES, BUT YOU AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND YOU HEREBY RELEASE SPRINGBORD FROM ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.

8.5 SPRINGBORD DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICES WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND YOU HEREBY RELEASE SPRINGBORD FROM ANY LIABILITY RELATING THERETO. YOU SHALL BE RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM,

8.6 SPRINGBORD IS NOT RESPONSIBLE FOR DATA CHARGES YOU MAY INCUR IN CONNECTION WITH YOUR USE OF THE SERVICES.

8.7 WAIVER AND INDEMNITY. BY USING THE SERVICES, YOU AGREE, TO THE EXTENT PERMITTED BY LAW, TO INDEMNIFY AND HOLD SPRINGBORD, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE SERVICES, OR ANY ACTION TAKEN BY SPRINGBORD AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. YOU AGREE THAT YOU SHALL NOT SUE OR RECOVER ANY DAMAGES FROM SPRINGBORD, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR DENY ACCESS TO THE SERVICES,ANY INFORMATION OR CONTENT, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SERVICES, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF SPRINGBORD'S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.

9. GOVERNING LAW & JURISDICTION

9.1 Except to the extent required by applicable law, this Agreement and the relationship between you and Springbord, and all Transactions on the Services shall be governed by laws of the Republic of India, excluding its conflicts of law provisions.

9.2 You and Springbord agree to submit to the personal and exclusive jurisdiction of the courts located within Chennai city, state of Tamil Nadu, India, to resolve any dispute or claim arising from this Agreement.

9.3 All disputes or differences whatsoever or howsoever arising out of or connected with your use of or access to the Services shall be resolved through a binding Arbitration before a Sole Arbitrator in accordance with the Arbitration & Conciliation Act, 1996. The seat and venue of the arbitration shall be Chennai, India and the language of arbitration shall be English.

10. OTHER PROVISIONS

10.1 This Agreement constitutes the entire agreement between you and Springbord and governs your use of the Services, superseding any prior agreements with respect to the same subject matter between you and Springbord. You also may be subject to additional terms and conditions that may apply when you make Transactions or use affiliate services, third-party content, third-party software, or additional services. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Springbord's failure to enforce any right or provisions in this Agreement will not constitute a waiver of such or any other provision. Springbord will not be responsible for failures to fulfill any obligations due to causes beyond its control.

10.2 You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the Services. Your use of the Services may also be subject to other laws. Risk of loss for all electronically delivered Transactions pass to the acquirer upon electronic transmission to the recipient. No Springbord employee or agent has the authority to vary this Agreement.

10.3 Springbord may notify you with respect to the Services by sending an email message to your email address or a letter via postal mail to your mailing address, or by a posting on the Services. Notices shall become effective immediately. Springbord may also contact you by email or push notification to send you additional information about the Services.

10.4 You hereby grant Springbord the right to take steps Springbord believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement. You agree that Springbord has the right, without liability to you, to disclose any data and/or information to law enforcement authorities, government officials, and/or a third party, as Springbord believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to Springbord's right to cooperate with any legal process relating to your use of the Services and/or a third-party claim that your use of the Services and/or Content is unlawful and/or infringes such third party's rights).