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Terms of Services

These Terms of Service (“Terms of Service”, “Agreement” or “ToS”) describe the terms under which Stykite Inc. (“We”, “Our”, “Us” or “Company” or “Stykite”) provides the User (“You”, “Your”, “Yourself”, “User”) access to the https://stykite.com (“Platform”) to make the payments of any goods and/or services they have purchased and/or availed from the Merchant(s) (defined below). By accessing and/or using the Platform a) You agree to be bound by this ToS and acknowledge having read the privacy policy attached HERE (“Privacy Policy”). b) You warrant to Us that You are competent to enter into this Agreement as per the applicable law c) That, if You are entering into this ToS on behalf of any entity/company or its group, affiliate, You possess the requisite authority to bind such entities, company or its groups to this ToS. If You do not agree to this ToS, You should immediately cease using the Platform.

PLEASE READ THE AGREEMENT CAREFULLY. BY USING THE SERVICES (AS DEFINED BELOW) OR PLATFORM OF STYKITE, CONSIDERING THAT STYKITE PROVIDES SAID PLATFORM TO MERCHANTS, ENABLING MERCHANT’S CUSTOMERS TO MAKE PAYMENTS, YOU AGREE AND ACKNOWLEDGE TO THE TERMS AND CONDITIONS SET OUT IN THIS AGREEMENT, IF YOU DO NOT AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS CAPTURED IN THE TOS, PLEASE DO NOT USE THE PLATFORM OR SERVICES.

STYKITE DOES NOT SELL ITS OWN PRODUCTS OR SERVICES BUT ACTS AS A LINK BETWEEN USER AND MERCHANT.

Definitions and interpretation

"Confidential Information" shall mean for all information which a reasonable person would understand to be confidential in nature disclosed in any form and format whatsoever including electronic, written, or oral form or by any other means, and whether directly or indirectly, whether or not marked as confidential during the term of this Agreement. Notwithstanding the foregoing, Confidential Information shall not include any information which (a) was publicly known and made generally available in the public domain prior to the time of disclosure by the disclosing party; (b) becomes publicly known and made generally available after disclosure by the disclosing party to the receiving party through no action or inaction of the receiving party; (c) is already in the possession of the receiving party at the time of disclosure by the disclosing party as demonstrated through documentary evidence (d) is obtained by the receiving party from a third party without a breach of such third party’s obligations of confidentiality; (e) is independently developed by the receiving party without the use of or reference to the Confidential Information, as demonstrated through documentary evidence.
“Merchant” means any individual or entity who is availing the online recurring billing software-as-a-service platform of the Company.
“User Data” means data or information inserted or uploaded or entered by the Merchant or the User on the Platform while using the Platform.
“Transaction” refers to the act of obtaining the product/services sold by the Merchant through our Services, whether it is free of charge or involves a payment of fees.

Service(s) provided to User on behalf of Merchant(s)

The Company provides a comprehensive solution for recurring billing to Merchants by licensing its Platform to them, wherein the User of Merchant can use the Platform to make their payments for any goods and/or services purchased and/or availed by them from the Merchant. Company will furnish the Platform to User for facilitating the payment of goods and/or services availed and/or purchased by the User from the Merchant (“Services”). Stykite is not a bank or a non-banking financial institution, and does not represent or warrant that it seeks to or is capable of providing services for banking and allied activities.

Payment and taxes

The Company as the payment processor, is authorized by the Merchant to charge from your chosen payment method (such as your credit card, debit card, or any other methods available) for any paid Transactions. These charges shall encompass any applicable taxes as determined by applicable law relevant to the location of the Transaction.
If you opt for pre order products you acknowledge and agrees that you will be charged upfront. During this pre-delivery period, you retain the right to request a refund for any reason, up until the product and/or services provided by the Merchant has been delivered, at which point the standard refund policy of the Merchant shall apply.
By utilizing the Services, You explicitly consent to receiving all invoices and receipt in electronic format, specifically delivered via email. Please take into consideration that produce/services prices are subject to change at any given time by the Merchant.

Indirect Sales Tax Refund

In the event that User has incurred sales tax charges in relation with their purchase and maintains valid registration for sales tax within the jurisdiction of said purchase, the User may be entitled to seek refund of the assessed sales tax amount, provided that such action is permissible under the applicable laws of the respective country. Sales tax for the purpose of this clause encompasses, but is not confined to, Value Added Tax (VAT), Goods and Services Tax (GST), Consumption Tax and any other relevant levies that may be in effect from time to time.
The eligibility for sales tax refund is contingent upon the User’s prompt notification to the Company within a stipulated 7 (seven) to 10 (ten) days after completion of the purchase. User further agrees and acknowledges that any request for refunds received subsequent to the expiration of the 30 (thirty) days from the date of the Transaction shall be deemed ineligible for processing and shall not be entertained.
The processing of sales tax refunds shall be initiated in accordance with the prevailing applicable law of the User’s respective country.

Consent to use the reference

The Company shall have the permission to use User's testimonials or feedback, whether obtained in writing, verbally or in visual form (“Testimonial”) for marketing purposes. User hereby grants perpetual, irrevocable, exclusive right to publish, display Testimonial in the Platform or any social media platforms for marketing purposes.

User Obligation

You are solely responsible for:

Your access and use of the Services in compliance with this Agreement;
providing Stykite with and keeping current, complete and accurate registration with Merchant;
maintaining the confidentiality of unique login information, credentials and passwords associated with Your account, and the privacy and security of Your account;
all activities that occur within Your account and notifying Stykite immediately of any unauthorized access or use of Your account, log-in information, credentials or passwords, or any unauthorized activity in Your account;
immediately ceasing use of the Services for a prohibited activity or purpose if Stykite inform You that a specified activity or purpose is prohibited with respect to the Services;
determining whether the Services or the information generated thereby is accurate or sufficient for Your purposes.

Your Conduct while using the Services-

You must not use the Platform in any way that causes, or is likely to cause, the Platform or access to it to be interrupted, damaged or impaired in any way. You understand that You, and not Stykite is responsible for all electronic communications and content sent by You to Us and You must use the Platform for lawful purposes only. You must not use the Platform for any of the following:

for fraudulent purposes, or in connection with a criminal offense or other unlawful activity;
to send, use or reuse any material that does not belong to You; or is illegal, is offensive, deceptive, misleading, abusive, indecent, invasive of another’s privacy, including bodily privacy, insulting or harassing on the basis of gender, defamatory, libelous, obscene; in breach of copyright, trademark, patent, confidentiality, privacy or any other proprietary information or right; or is otherwise injurious to third parties or relates to or promotes money laundering or gambling or is harmful to minors in any way; or which consists of or contains software viruses or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource, political campaigning, commercial solicitation, chain letters, mass mailings or any spam.

Refunds

Amount once paid through Stykite shall not be refunded in any circumstances other than in the following circumstances:

In the event Platform experiences significant and prolonged Service disrupting, technical issue or failure issue that directly impact the ability to process payments, User may be eligible for refund.
Refund is to be conferred at the exclusive discretion of the Company, contingent upon a case specific assessment and may be declined. The Company retain the right to repudiate a refund request upon discovery of corroborated instances of fraudulent conduct, misuse of refund procedure, or other form of manipulative behavior that justify the Company’s right to assert a counterclaim against the refund.

Chargeback

We hereby acknowledge the potential for instances in which You may not recognize or may wish to dispute a payment made to the Company in relation to the Transaction.
A chargeback represents a remedial mechanism, to be applied at the discretion of Your payment issuer, to recover the funds from the banks or other entity through which You are making payment. This mechanism serves to empower your bank or other entity through which You are making payment with the authority to provide You with a refund under various circumstances, including but not limited to, the following:

In the event that User do not receive the product/services for which User for which payment has been rendered.
When User is charged incorrect amount or erroneously charged twice.
In the event the payment was made under fraudulent circumstances.

By employing the Company Services, User hereby unequivocally agree to notify the Company, before commencing proceeding for a chargeback or initiating any dispute with Your banking institution or any other entity through which You had made the payment, in connection with any given Transaction.
The Parties acknowledges the potential occurrence of chargebacks due to multitude of factors. Nonetheless, in the event that You undertake a card payment through the Company, and subsequently engage in the dispute of a valid charge instigating a chargeback without justifiable cause or legitimate grounds, as conclusively determined, at the exclusive discretion of the Company, whether such action is taken fraudulently or through any means other means, the Company hereby reserves the entitlement to prohibit Your future utilization of Our Services. Such action shall be substantiated by the presentation of compelling and irrefutable evidence, with the aim of refuting Your invalid chargeback request.

Term and Termination

This ToS apply from the date You accepts the ToS and avail the services from the Merchants in relation to the Transaction.
Unless otherwise agreed in writing between the Merchant and the Company, the Services shall continue for a period as agreed between the Company and Merchant.
This TOS may be terminated:1) by You at any time by ceasing the use this Platform or 2) upon receipt of written notice of termination by Merchant and thereby You ceasing to use and access the Platform immediately; or 3) We may terminate, withdraw, discontinue, or suspend Your usage or access of the Platform at any time for any reason, including but not limited to breach of the ToS, violation of any applicable law or where Merchant have failed to make any payment when due.
We have the right (but not the obligation) to refuse to grant access to Platform. Except for the rights and license granted in this Terms, We reserve all other rights and grant no other rights or licenses, implied or otherwise. Termination of the contractual relationship by Company for any of the aforementioned reasons will not entitle You to claim any type of compensation as a result thereof.
Within 7 (seven) business days as from the termination of the Services, You will delete, remove and disable all links and access to all Services.
All provisions of the ToS, which by their nature should survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the Platform. On termination of due to the reasons mentioned herein, such User shall no longer have access to data, messages and other material kept on the Platform.

Confidentiality

Confidential & Proprietary Information- For the purposes of this clause, either party receiving Confidential & Proprietary Information (as defined below) shall be the “Recipient” or the party disclosing such information shall be the “Discloser”.
Acknowledgment: User hereby acknowledges that the Service contains confidential and proprietary information belonging exclusively to Company (or its designated third party supplier as the case may be), and Company hereby acknowledges that User Data contains confidential and proprietary information belonging exclusively to User or relating to its affairs (in each case, “Proprietary Information”). Confidential & Proprietary Information does not include: (i) information already known or independently developed by Recipient outside the scope of this relationship by personnel not having access to any Confidential & Proprietary Information; (ii) information in the public domain through no wrongful act of Recipient; or (iii) information received by Recipient from a third party who was free to disclose it; (iv) information independently developed by Recipient without any use of the Confidential Information of the Discloser; or (v) information which is disclosed in response to an order or requirement of a court, administrative agency, or other governmental body or pursuant to the rules of any applicable securities market or exchange; provided, however, that (i) the Recipient must provide prompt advance notice of the proposed disclosure to the Discloser, and (ii) any information so disclosed shall otherwise remain subject to the provisions of this Section.
Covenant: Recipient hereby agrees that during the Term and at all times thereafter it shall not use, commercialize or disclose such Confidential & Proprietary Information of the Discloser to any person or entity, except to its own personnel having a “need to know” basis (and who themselves are bound by similar nondisclosure restrictions), and to such other recipients as the Discloser may approve in writing; provided that all such recipients shall have first executed a confidentiality agreement in a form acceptable to Discloser. Recipient shall not: (i) alter or remove from any Confidential & Proprietary Information of the Discloser any proprietary legend, or (ii) de-compile, disassemble or reverse engineer the Confidential & Proprietary Information (and any information derived in violation of such covenant shall automatically be deemed Confidential & Proprietary Information owned exclusively by the Discloser). Recipient shall use at least the same degree of care in safeguarding the Confidential & Proprietary Information of the Discloser as it uses in safeguarding its own confidential information, but in no event shall less than due diligence and care be exercised. Upon termination or expiration of this Agreement, and regardless of whether a dispute may exist, Recipient shall return or destroy (as instructed by Discloser) all Confidential & Proprietary Information of Discloser in its possession or control and cease all further use thereof.
Injunctive Relief: Recipient acknowledges that violation of the provisions of this clause would cause irreparable harm to Discloser not adequately compensated by monetary damages. In addition to other relief, it is agreed that injunctive relief shall be available without necessity of posting bond to prevent any actual or threatened violation of such provisions. Each of the parties will protect the other’s Confidential Information from unauthorized access, use or disclosure in the same manner as each of the parties protects its own confidential information, and in any event, no less than reasonable care. Except as otherwise expressly permitted pursuant to this Agreement, each of the parties may use the other’s Confidential Information solely to exercise its respective rights and perform its respective obligations under this Agreement and shall disclose such Confidential Information solely to those of its respective employees, representatives and agents who have a need to know such Confidential Information for such purposes and who are bound to maintain the confidentiality of, and not misuse, such Confidential Information. For purposes of this Agreement, in addition to the terms and condition mentioned in this Agreement, Company’s Confidential Information includes the Services, documentation, and the contents of this Agreement or any other executed between the Parties.
Subject to the terms of this Agreement, the Recipient will return to the Discloser all Confidential Information of the disclosing party in the Recipient ’s possession or control and permanently erase all electronic copies of such Confidential Information promptly upon termination of this TOS. At the Discloser’s request, the Recipient will certify in writing that it has fully complied with its obligations mentioned under this clause (Confidentiality).
All confidentiality obligations shall remain in force and effect for the Term and shall survive the expiration and/or termination of this Agreement for one (1) year. The provisions of this clause (Confidentiality) shall supersede any non-disclosure agreement between the Parties and/or between the User and Merchant (in relation with the Service rendered under this TOS) entered prior to these Terms that would purport to address the confidentiality of Confidential Information and such agreement shall have no further force or effect with respect to Confidential Information.

Content Copyright and Trademark

All text, material, data, and information, data files, description of Our Services or/and Our products, graphics, images, user interfaces, visual interfaces, photographs, trademarks, logos, software and computer code etc. ("Content"), contained on the Platform is owned, controlled or licensed by or to Company, and is protected by applicable intellectual property and other laws, including trademark and copyright laws. Company owns and retains all copyrights in the Content.
You acknowledge that the Company does not make any representations or warranties about the Content which You may have access to. Under no circumstances is Company liable in any way for any Content, including, but not limited to: any infringing Content, any errors or omissions in Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted, linked from, or otherwise accessible through or made available via the Platform.
You agree that You are solely responsible for Your reuse of Content made available through the Platform. You should review the terms of the applicable license before You use the Content so that you know what You can and cannot do.
Except as expressly provided in this ToS, no part of the Platform and no Content may be copied, reproduced, modified, published, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, web site or other medium for publication or distribution or for any commercial enterprise, without Company’s express prior written consent. You also agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, or create derivative works based on the Content or the Platform, in whole or in part, by any means.
Company’s logos and trademarks are trademarks and the property of Company. The appearance, layout, color scheme, and design of the Platform are protected trade dress. You do not receive any right or license to use the foregoing. We may use and incorporate into the Platform any suggestions or other feedback You provide, without payment or condition.
You may use the Platform or/and Content solely for the purpose mentioned in this TOS and solely in compliance with this ToS.

Data Security and Privacy

Security of User Data - Stykite use appropriate technical and organizational measures to protect the User Data. The measures used are designed to provide a level of security appropriate to the risk of processing of the User Data.
Data Privacy.

You understand that Stykite processes the User Data (a) in accordance with these Terms, applicable data protection laws, and any other agreement or addendum executed between the Company and Merchant; (b) as otherwise authorized by You; and (c) as required for compliance with applicable law.

Disclaimer of Warranties

THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY CONTENT) IS PROVIDED “AS IS” AND “AS AVAILABLE” AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. THE COMPANY ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, SPONSORS AND PARTNERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

YOU ACKNOWLEDGE AND UNDERTAKE THAT YOU ARE ACCESSING THE SERVICES ON THE PLATFORM AND TRANSACTING AT YOUR OWN RISK AND ARE USING YOUR BEST AND PRUDENT JUDGMENT BEFORE ENTERING INTO ANY TRANSACTIONS THROUGH THE PLATFORM. YOU FURTHER ACKNOWLEDGE AND UNDERTAKE THAT YOU WILL USE THE WEBSITE TO AVAIL THE SERVICES, ONLY FOR THE USE MENTIONED IN THIS TOS. WE SHALL NEITHER BE LIABLE NOR RESPONSIBLE FOR ANY ACTIONS OR INACTIONS OF MERCHANT NOR ANY BREACH OF CONDITIONS, REPRESENTATIONS OR WARRANTIES BY THE MERCHANT AND HEREBY EXPRESSLY DISCLAIM AND ANY ALL RESPONSIBILITY AND LIABILITY IN THAT REGARD. WE SHALL NOT MEDIATE OR RESOLVE ANY DISPUTE OR DISAGREEMENT BETWEEN YOU AND THE MERCHANT OF THE PRODUCTS AND/OR SERVICES.

Indemnification

You shall defend, indemnify, and hold harmless the Company, its affiliates/subsidiaries’ employees, contractors, directors, suppliers and representatives from all liabilities, losses, claims, and expenses, including reasonable attorneys' fees, that arise from or relate to (i) Your use or misuse of, or access to, or inability to use, the Services and Platform; or (ii) Your violation of the Terms and Conditions; or any applicable law, contract, policy, regulation, or other obligation. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will assist and cooperate with Us in connection therewith.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY, ITS RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS OR SERVICE PROVIDERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, LOSS OF GOODWILL OR OPPORTUNITY, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, (II) FOR YOUR RELIANCE ON THE SERVICES (III) FOR ANY DIRECT DAMAGES, LOST DATA, BUSINESS INTERRUPTION OR ANY OTHER LOSS INCURRED BY YOU, YOUR AFFILIATE (IV) FOR ANY MATTER BEYOND ITS OR THEIR REASONABLE CONTROL, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY OF THE AFOREMENTIONED DAMAGES.

Governing Law and Dispute Resolution

This ToS shall be governed and construed in accordance with the laws of Delaware, United States of America in relation to any legal action or proceedings to enforce these ToS. You irrevocably submit to the exclusive jurisdiction of any competent courts situated at Delaware, United States of America and waive any objection to such proceedings on grounds of venue or on the grounds that the proceedings have been brought in an inconvenient forum.

MISCELLANEOUS

The Terms and Conditions are the entire agreement and understanding between You and Company with respect to the Services and usage of Platform and supersedes all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter.
If any provision of the Terms and Conditions are found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms and Conditions will otherwise remain in full force and effect and enforceable.
The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
The Terms and Conditions are personal to You, and are not assignable or transferable by You except with Company's prior written consent. Company may assign, transfer or delegate any of its rights and obligations hereunder without any consent.
No agency, partnership, joint venture, or employment relationship is created as a result of the Terms and Conditions and neither party has any authority of any kind to bind the other in any respect. All notices under the Terms and Conditions will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or two days after it is sent, if sent for next day delivery by recognized overnight delivery service.
Global Availability

The Company makes no representations that the information on the Platform is appropriate or available for use in other locations, and access to them from territories where their content is illegal or prohibited. Those who choose to access the Platform from other locations do so on their own initiative and are responsible for compliance with applicable local laws.

Feedback and Suggestions

We appreciate and welcome Your comments and suggestions on the Company’s Platform. You agree that the Company may use Your feedback, suggestions, or ideas in any way, including in future modifications of the Platform or other Services, products, advertising or marketing materials. You grant the Company a perpetual, worldwide, fully transferable, sublicensable, irrevocable, fully paid-up, royalty free license to use the feedback, suggestions and ideas You provide to the Company in any way. The Company will not sell, publish or share Your feedback in a way that could identify You without explicit permission.

Grievance Redressal Mechanism

Any discrepancies or grievances with regard to content and or comment or breach of the Terms and Conditions shall be taken up with the designated Grievance Officer as mentioned below via in writing or through email signed with the electronic signature to:

Attention: Vibhanshu Karn

Email ID: support@stykite.com

Address: Suite 484, 2093A, Philadelphia Pike, Claymont, Delaware 19703

Contact

If You have any questions regarding the Services or usage of the Platform, please contact the Company at support@stykite.com. Please note that for the purpose of validation, You shall be required to provide information (including, but not limited to contact number or registered mobile number, etc.) for the purpose of validation and taking Your service request.