(Last Updated December 16, 2020)
Welcome to Stellar Website and Software provided to you by Stellar Information Technology Pvt Ltd with business address D-16, Infocity II, Sector 33, Gurgaon, India.
2. Information About Us
3. Website Purpose and Services
Stellar corporate website and other web properties, including locale-specific websites and microsites are commissioned to educate the customers and site users on our corporate presence, commercial offerings, domain-specific knowledge, and other updates including offers, PR, events, etc.
Stellar websites also provide the means to experience our software through free trial downloads and paid subscriptions. We also enable an interactive experience for our website users to connect with Stellar through mechanisms like form submissions, blog commenting, time-bound surveys, web ticketing, etc.
Our offerings include software and services in the “Data Care” domain comprising the solutions for data recovery, file repair, email repair, email conversion, and data erasure.
Where Stellar has provided a translation of the English-language version of a Stellar Site, these Terms of Service, or other materials, you agree that:
4. Privacy Protection
We value the privacy of our users and thus we will never sell or share user data without express consent. However, data collected via the website or use of the software might be shared with partner companies, which helps us provide the best services to you. By using our Services, you agree that Stellar can use your data to provide you with the software features, including, but not limited to, sending periodic emails announcing news and product updates. To unsubscribe from the emails please use the unsubscribe link at the bottom of the email.
5. Ownership, License and Use
Unless otherwise stated, the Site and its software are owned and operated by Stellar. This Site, and all materials appearing on it, are protected by copyright and may not be used without prior written permission. Other trademarks or copyrighted materials appearing on the Site are the property of their respective owners and may not be used without permission.
You may access and use the materials and information on our Site as they appear there for your personal use, educational advancement, or professional development. Any materials that you download for your own use must maintain all copyright or other notices. Except as we expressly permit, any redistribution, retransmission, commercial exploitation, linking, or other uses are strictly prohibited. You shall not copy or edit the materials, or integrate them into any other media. You shall not claim ownership or authorship, or otherwise use the materials except as we expressly permit. You shall not hack into our Site or text messages, or otherwise gain unauthorized access to or make improper use of our content or Site
6. Access to the Software and Subscription
You can use the Software downloaded from Stellar Platform, or choose to subscribe our Perpetual License (One Time Purchase), Usage based, or Monthly, Yearly, subscription plans. Refer to our End User License Agreement (EULA) for more information. You install the Software on computer systems of your choice, which are not under the control of Stellar. For the duration of this Agreement, Stellar gives the user a non-exclusive, non-transferable license to use (execute, modify, execute after modification) the Stellar Software, under the EULA found on the Stellar website. Please see our EULA agreement for more information.
7. Information you Submit
Any content you submit to Stellar or the Platform, through a "contact us" mechanism or otherwise, will be treated as non-confidential and non-proprietary and will not be returned. You agree that Stellar is free to use any ideas or concepts you submit to us for any purposes whatsoever, including, without limitation, developing, manufacturing and marketing products and services; and creating informational articles, without any kind of payment to you.
8. Acceptable Use
By using the Services, you agree that:
You can cancel your purchase anytime. But once your cancellation is approved you will cease to have access to the Stellar software and services.
10. Intellectual Property Rights
We are the owner of or the licensee of all intellectual property rights in our Site and our Service, and in the material published on it (excluding your Contributions). Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You may not copy, reproduce, republish, download, post, broadcast, transmit, make available to the public, or otherwise use any content on our site in any way except for your own personal, non-commercial use
11. Compliance with Statutory Provisions
When supplying your content you are obliged to comply with all the applicable laws and other legislation of the European Union GDPR Regulations GDPR, the U.S Federal Trade Commission FTC and The Indian Personal Data Protection Bill, 2019 ("PDPB"). Regardless of whether or not it constitutes a criminal offense, it is prohibited to supply the content of a pornographic, sexual, violent, racist, seditious, discriminatory, offensive and/or defamatory nature. In addition you are also obliged to refrain from infringing any third-party rights. This applies in particular to personality rights of third parties as well as to third-party intellectual property rights (such as, copyrights and trademark rights). In particular you must also hold the necessary rights over your profile picture or any other picture you post.
We are entitled to delete or remove any content that is unlawful or that infringes the above-mentioned principles at any time. If you infringe the above-mentioned principles we are entitled to give you a warning or to temporarily block your user account or to cancel the user contract for a good cause in accordance with these terms of service
12. Third-Party Website and Interactions
The Services may contain links to third-party websites (“Third-Party Websites”) and applications (“Third-Party Applications”) and advertisements (“Third-Party Advertisements”) (collectively, “Third-Party Websites & Advertisements”). When you click on a link to a Third-Party Website, Third-Party Application or Third-Party Advertisement, Stellar will not warn you that you have left Stellar’s Website or Services and will not warn you that you are subject to the Terms of Service (including privacy policies) of another website or destination. Such Third-Party Websites & Advertisements are not under the control of the Stellar website. Stellar is not responsible for any Third-Party Websites, Third-Party Applications or any Third-Party Advertisements. Stellar provides these Third-Party Websites & Advertisements only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to such Third-Party Websites & Advertisements, or their products or services. You use all links in Third-Party Websites & Advertisements at your own risk. You should review applicable terms and policies, including privacy and data gathering practices of any Third-Party Websites or Third-Party Applications, and make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
13. Customer or User Feedback
You agree that submission of any ideas, suggestions, and/or proposals to the Stellar through its suggestion, feedback, wiki, forum or similar pages (“Feedback”) is at your own risk and that Stellar has no obligations (including without limitation, obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback and you hereby grant to Stellar a perpetual, irrevocable, transferable, fully paid, royalty-free, non-exclusive, worldwide, fully sublicense able right and license to use, copy, display, publish, modify, remove, publicly perform, translate, create derivative works, distribute and/or otherwise use such Feedback.
14. Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT OF LAW, YOUR USE OF THE WEBSITE, SOFTWARE AND SERVICES IS ENTIRELY AT YOUR OWN RISK. CHANGES ARE PERIODICALLY MADE TO THE WEBSITE, SOFTWARE AND SERVICES AND MAY BE MADE AT ANY TIME WITHOUT NOTICE TO YOU. THE WEBSITE, SOFTWARE AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. STELLAR MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE CONTENT MADE AVAILABLE THROUGH THE WEBSITE, SOFTWARE OR SERVICES, OR THE SERVICES, SOFTWARE, TEXT, GRAPHICS OR LINKS.
STELLAR DOES NOT WARRANT THAT THE WEBSITE, SOFTWARE OR SERVICES WILL OPERATE ERROR-FREE OR THAT THE WEBSITE, SOFTWARE OR SERVICES ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL MALWARE. IF YOUR USE OF THE WEBSITE, SOFTWARE OR SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, STELLAR SHALL NOT BE RESPONSIBLE FOR THOSE ECONOMIC COSTS.
15. Suspension and Termination
The responses/actions described in this clause are not limited, and we may take any other action we deem appropriate and reasonable
16. Our Site and Software May Change Regularly
We aim to update our Site and Software regularly, and may change the content at any time. If the need arises, we may suspend access to our Site and our Service, or close them indefinitely. Any of the material on our Site or our Service may be out of date at any given time, and we are under no obligation to update such material.
You agree to indemnify and hold harmless Stellar and its officers, directors, employees, agents and affiliates (each, an “Indemnified Party”), from and against any losses, claims, actions, costs, damages, penalties, fines and expenses, including without limitation attorneys’ fees and expenses, that may be incurred by an Indemnified Party including but not limited to
(a) Your Content;
(b) Your misuse of the Website, Software or Services;
(c) Your violation of this Agreement; or
(d) Your violation of any applicable laws, rules or regulations through or related to the use of the Website, Software or Services.
18. Waiver of Jury Trial
YOU AND THE STELLAR WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND RECEIVE A JUDGE OR JURY TRIAL. You and the Stellar are instead electing to have claims and disputes resolved by arbitration, except as specified in the section above. There is no judge or jury in arbitration, and court review of an arbitration award is limited.
19. Waiver of Class or Consolidated Actions
YOU AND STELLAR AGREE TO WAIVE ANY RIGHT TO RESOLVE CLAIMS WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT ON A CLASS, COLLECTIVE, OR REPRESENTATIVE BASIS. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable with respect to a particular claim or dispute, neither you nor Stellar is entitled to arbitration of such claim or dispute. Instead, all such claims and disputes will then be resolved in a court as set forth in this terms
At its sole discretion, Stellar may modify or discontinue the Software or Service, or may modify, suspend or terminate your access to the Software or the Services, for any reason, with or without notice to you and without liability to you or any third party. Even after your right to use the Software or the Services is terminated, this Agreement will remain enforceable against you. All provisions which by their nature should survive to give effect to those provisions shall survive the termination of this Agreement.
21. Claims of Copyright Infringement
It is Stellar’s policy to terminate membership privileges of any User who infringes copyright upon prompt notification to Stellar by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Website or the Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:
22. No Joint Venture or Partnership
No joint venture, partnership, employment, or agency relationship exists between you, Stellar or any third party provider as a result of this Agreement or use of the Software or Services.
23. Electronic Communications
For contractual purposes, you (1) consent to receive communications from Stellar in an electronic form; and (2) agree that all Terms of Service, agreements, notices, disclosures, and other communications that Stellar provides to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing. This subparagraph does not affect your statutory rights.
Except as otherwise provided herein, if any provision of this Agreement is found to be invalid, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
25. Choice of Law
This Agreement and terms of service is governed by Laws of India and subject to jurisdiction to the courts at Delhi, India alone. The General Data Protection Regulation (GDPR) as applicable in India shall apply, without giving effect to any principles that provide for the application of the law of any other jurisdiction.
26. Other Terms
If either we or you have any right to enforce these Terms against the other, that right will not be lost even if the person who has the right delays enforcing it, or waives their right to enforce it in any instance. If a court or other authority decides that any part of these Terms is illegal or ineffective, the rest of the terms will be unaffected and will remain in force.
We may change these Terms from time to time. If we make any changes which affect your rights in relation to our Service, we will notify you. Changes to the Terms will not affect any orders you have placed where we have sent the Confirmation Notice. These Terms are governed by laws of India and subject to jurisdiction to the courts at Delhi, India
27. End User Agreement