Terms and Conditions Cabstartup - Cabstartup

Terms & Conditions Cabstartup Cloud

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Terms and Conditions CabStartup

It is a legal agreement between Client as the user and CabStartup as the Service Provider.

1. Service Provider:

CabStartup reserves all rights to change or update these Terms at any moment, by posting on the CabStartup website or by giving any other notice. Your rights will be subject to the most current version available on the Website at the time of use. For any significant changes to these Terms, we will notify you 30 days before its implementation.

Please read these conditions before Subscribing to the services to ensure that you have read and agreed to the terms and conditions.
“Data” means personal data, and confidential information associated to your business.

“Services" means the CabStartup solutions that are hosted on the servers and cloud that Service provider provides. The Services offer various traits, including, but not limited to, gathering feedback inside websites, web apps, accumulating bug reports & visual screenshots, management of feedback & bug reports with real-time monitoring of responses, and sending the responses into other systems.

CabStartup expressly reserves the right, at any time during the term of the Agreement, to adapt, arrange and modify any of the components granting access and user rights to the Services and the associated documentation, provided that the maintenance is complied with for these operations.

Similarly, CabStartup may, at any time, discontinue providing a platform deemed undesirable and antiquated and move services to a new infrastructure. In this case, CabStartup will inform you as early as possible and suggest you shift your Account to the new foundation.

“Confidential Information” means all data provided by you or us (the “Disclosing Party”), to the other party (the “Receiving Party”), whether verbally or in writing, is characterized as being confidential.

Provided that for all purposes, Confidential Information shall not be interpreted to cover any information that is

(a) openly known at the time of disclosure or finally becomes publicly known to the Receiving Party;

(b) discovered or provided by the Receiving Party before declaration by the Disclosing Party;

(c) learned by the Receiving Party through legal means other than from the Disclosing Party or Disclosing Party’s agents; or

(d) is revealed by the Receiving Party with the Disclosing Party’s prior written permission.

“Intellectual Property Rights” involves the copyright, including the associated rights, rights to use, literary works, designs, databases or any other copyright-protected works, utility models and all other industrial and intellectual property rights, whether registered or unregistered, which presently subsist, or will subsist, now or in the future, in any part of the world.

“Website/s” include the website CabStartup.com, in addition to any sub-pages that are unified within this website.
“Subscription Plan” is one of the different subscription plans through which you can use the Services.
“Subscription Term” means the period for which subscription to the Services shall be made available by CabStartup.
“Third Party/ies” means any persons, which are neither you nor CabStartup.
“Trial Period” means free access, offered by CabStartup for a limited and established period, to get the knowledge of Services, which shall be granted at the sole discretion of CabStartup. CabStartup may revoke access at any time without providing any prior notice.
“You” / “Your” / “Client” means a person, involves in the trade or business, and accept the terms available in this Agreement.

2. Using Services:

You accept that you have acknowledged our Terms and Conditions, Privacy Policy and that you subscribe to the Services with full knowledge of all terms and conditions. You shall be responsible for guaranteeing that your users also understand all the terms.

You undertake to use the information entirely for your own needs, on professional use, or the needs of your contracting entity.

When you use the CabStartup API, you shall be responsible for your usage of CabStartup and shall restrict your API calls to a reasonable volume. CabStartup reserves the right to define and update this volume of API calls and to take any required action to address any improper use.

As a direct CabStartup subscriber: you subscribe to the Services in your name and on your behalf, and you are not authorized to send via our Services promotional emails for a third-party, nor to allow the use of all or part of the Services to your customers, even for free.

As an indirect CabStartup subscriber, You subscribe to the Services in Your name but on behalf of your customers with the objective of managing CabStartup for and reselling CabStartup to your customers. If you agree to this usage type, please contact us at hello@cabstartup.com.

Specific terms will apply to this usage. You will not interfere with or interrupt the operation of the Services, and you will need to admit the Terms and Conditions of this Agreement for using the Services.

You are not allowed to use the Services for unacceptable practice listed in the CabStartup Terms of Service. CabStartup has the right to take any legal action regarding any improper and unacceptable use of the Services.

Unacceptable usage involves but is not limited to:

  • sites including or promoting hacker programs or archives
  • sites comprising illegal material
  • sites including copyrighted material
  • sites comprising material we judge to be threatening or obscene
  • sites containing material protected by trade secret and another statute

The subscriber agrees to indemnify and hold CabStartup safe from any cases arising from the use of our services, which violates the subscriber or any other party.

NOTICE: If your account is found to have illegal activity, your account will be canceled immediately, without notice. Moreover, Cabstartup will notify about the property authorities of your actions.

3. Subscription

We provide various subscription plans for our Services. The applicable Subscription Plan depends on your preference. Your Subscription Plan is chosen during your paid Account registration, and you can choose to change your plan at any time. Information about our standard methods is available on our website.

All fees quoted on our site does not include VAT or any other taxes that may be applicable in your authority. For further information on our subscription plans, please contact us. You may update or modify your subscription at any time during the subscription period.

Regarding your current subscription term, we reserve the right to modify the subscription plans and agreement term at any time. We also keep the right to alter or increase our pricing or introduce new fees and subscription levels or costs. Moreover, we can make changes to our subscription plans without notification.

We will give you a written notice in advance, within thirty (30) days, during which you have the right to unsubscribe or change your current Subscription Plan if you disagree with these changes.

4. Account Credentials

When you register your Account, you accept to provide the information required to proceed your orders as requested, including, your surname, address, first name, company name, and an email address. This Data shall be handled under our Privacy Policy. If you have shared inaccurate information to use, You will be responsible for their consequences.

You shall remain confidential and secure all credentials, User IDs and passwords connected with your Account. You must immediately notify us of any illegal use of your Account, or any theft or loss of credentials giving access to the Account. Each Account can only be obtained and used by you or the users you approve.

You accept that you may be responsible for any criminal, or fraudulent use of the Account, and you hold us inoffensive against any action or claim arising from such an application.

Upon asking for the activation of an Account, you need to accept the privacy policy and terms of services.

5. Rights

All rights and interest in the website and the Services and any content contained is the exclusive property of CabStartup.

You may not change, duplicate, distribute, display, publish or transfer any information for marketing or public purposes, in whole or in section, any information, software, products or Services obtained from the Website and the Services without CabStartup’s preceding written approval.

Besides for those Intellectual Property Rights that are already registered in your name, or those Intellectual Property Rights that are made by or for you during the period of this Agreement, all CabStartup trademarks, trade names, Service marks, logos and other Intellectual Property Rights in and to the Site and Services are exclusive to CabStartup.

In the course of performing the Services, CabStartup will have access to the required data. All rights and required data is your private property, except as otherwise provided for herein throughout this Agreement.

CabStartup will keep your Data confidential and maintain your Confidential Information in the strictest of confidence. In this respect, CabStartup will not reveal your Data to any prohibited person, and will only make limited use which is strictly necessary for CabStartup to display the Services.

For the elimination of doubt, all such rights of CabStartup to use your data shall be granted only for the duration of this Agreement and under our Privacy Policy.

You acknowledge and agree that CabStartup may reveal any Data if required to disclose by law or if that preservation or disclosure is logically necessary to;

(a) follow legal process;

(b) enforce this Agreement;

(c) respond to claims that any of your content and/or Data breaks the rights of a Third Party/ies; or

(d) protect the rights, or personal safety of CabStartup, the Site, the Services, its users, and the public.

In the event that you provide CabStartup with any suggestions, feedback or improvements regarding the Site and/or Services, You hereby grant CabStartup with a non-revocable, sub-licensable and royalty free right and license to make use of, copy, disclose, and distribute such feedback, suggestions or improvements in any manner without any obligations towards you. Nothing in this Agreement will be rendered as a limitation on CabStartup to make use, develop and market any Services consolidating the feedback, suggestions, or improvements that you have provided.

6. Warranties CabStartup Assures:

a) The Intellectual Property Rights (including all copyright, design rights, Services, whether registered or unregistered) in any material provided by CabStartup as part of the site and the services do not, to the best of CabStartup’s knowledge, infringe on any Third Party Intellectual Property Rights;

b) CabStartup will only use your data under this Agreement.
You acknowledge complying with all applicable laws and regulations when using our Services. You acknowledge to provide a legally adequate privacy policy that indeed discloses your practices concerning the collection, use, and exposure of personal data that includes personal data collected through your use of our Services. You accept, in connection with your use of our Services, to comply with all applicable export and re-export control laws and regulations.

7. Limitation of Liability

CabStartup shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from CabStartup’s servers going offline or being unavailable for any reason whatsoever. Furthermore, CabStartup shall not be responsible for any claimed damages, including incidental or considerable damages, emerging from the fraud or deletion of any data from CabStartup’s servers. Costs shall be limited to the immediate termination of Services.

8. Withdrawal, or Termination, of Accounts:

Free trials and paid plans can be renewed on a monthly/yearly basis, subject to the full payment in advance as a fee. You may, at any time, cancel your free trial, monthly or yearly paid plan. CabStartup shall not repay you for the unused fees paid for a started month. It is your liability to determine the termination of a subscription to make it useful at the most convenient time.

9. Data Retention

CabStartup commits to securely storing Data on behalf of our clients under their valid Subscription Plan and the time frames identical to each Subscription Plan. All data surpassing the stated valid time frame will be automatically deleted from our systems. You acknowledge and accept that CabStartup does not provide any archiving or backup services. CabStartup may delete data that is no longer in use and exceeds the valid time frames stipulated in the applicable Subscription Plan. CabStartup expressly disclaims all obligations concerning archiving, storage and backup of data.

10. Abuse

Any attempt to weaken or cause harm to a server/s or client’s of CabStartup is strictly banned. If you violate any of CabStartup’s Terms of Services, your Account will be canceled without the possibility of a refund. When subscribing to any of CabStartup’s Subscription Plans, you agree and signify that you have no other active Account within your legal entity. CabStartup expressly reserves the right to deactivate or reject Accounts instantly in cases of inappropriate or abusive Account use is found.

11. Cancelation of Service

We have the right, at our sole preference, to cancel or suspend Services.

12. Billing

CabStartup provides its Services as a Software-as-a-Service model. You can choose either monthly or yearly payments. With the Account activation date of each month, a CabStartup shall either:
(1) debit the client’s credit card (when the client has provided such information); or

(2) Deliver, by email, an invoice under the applicable Service Fees for Services performed for the current month or current year. When an invoice is given to the client, payment shall be paid to CabStartup by no later than the specified payment due date.

CabStartup shall be labeled to immediately terminate this agreement in case of client’s failure in making timely payments. You will be given with an invoice on a monthly or yearly basis depending on the contract. Credit cards are charged automatically on a monthly or annual basis. The client is responsible for ensuring that they have sufficient funds to cover the Subscription fees. In the event of a rejected charge, CabStartup will notify via email, and the client is required to update their credit card details within 24 hours. Failure of the client to respond within 24 hours will result in the suspension of the client’s CabStartup’s Account.

13. Service Fees

CabStartup charge service fees, which the client have to pay for the use of said services. If the client cancels the Agreement, the client shall be responsible for any outstanding charges owed to CabStartup and agrees to pay any charges incurred by the client. If the client gets the services on a monthly basis, the client will be charged for service fees each month, regardless of when the client provides notice of the closing. If the client gives a notice of termination on the 15th day of a particular month, the client will be charged for service fees for the entire month, and such fees will not be refunded.

14. Money Back Guarantee & Refund Policy

We do not refund canceled contracts. If you are on a yearly Subscription Plan and you cancel the contract after few months and request a refund, no refunds will be provided by CabStartup. If the client violates the Terms of Service, all refunds are relinquished.
However, in the trial period of 14 days if you request to cancel your account you will not be charged.

15. Cancellation Refunds

We DO NOT return monthly fees in case of cancellation of Accounts.

16. Refusal of Services

CabStartup reserves the right to deny, cancel or suspend services to any client, at its sole option.

17. Violations

If you breach any of these Terms and conditions of Service, it will lead to Account deactivation.

18. Disclaimer

CabStartup cannot be held liable for system down time, crashes or data loss. CabStartup cannot be held responsible for any estimated profits which a client would have gained at any time during CabStartup’s downtime.
CabStartup reserves the right to deactivate and delete any Account, without advance notice for any reason without restitution.

19. Media & Press

CabStartup may use your Company names and logos in case studies, promotional stuff, or other write-ups covering on this website unless we receive a specific communication from you to the contrast.

20. Server Uptime Guarantee

CabStartup declares an excellent record showing reliability. But, we do not offer an uptime guarantee. Our network and servers are monitored continuously resulting in minimum downtimes except for scheduled maintenance or hardware and software upgrades.

21. Changes to our Terms of Service

CabStartup reserves the right to change any or all of the above Terms of Service, Policies, guidelines, and disclaimers without announcement. Any future changes to our Terms of Service will be posted on this page with an updated Terms of Service modification date below.

22. Driver Charges:

CabStartup subscription package is based on number of Drivers. The basic package is applicable for upto 10 drivers. All additional drivers added will be charged additional fee per driver as mentioned on Pricing Page of CabStartup.

23. Recurring Payment Failure:

If CabStartup finds that the client’s account is having recurring payment failure, then CabStartup has the right to cancel the subscription for the client and its users. The apps including Android & iOS, Dispatch panel access will be restricted as well in addition to data deletion.
You admit that you have read this agreement, understood it and agree to be bound by its terms.

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