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Terms & Conditions

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These Terms & Conditions (the “Terms”) govern your access to and use of the website at https://www.stackplysolutions.com and the engineering software services of STACKPLY SOLUTIONS PRIVATE LIMITED (“Stackply”, “we”, “us” or “our”). Please read them carefully. They should be read together with our Privacy Policy and our Cancellation & Refund Policy.

Our software assists engineering workflows. It does not replace the judgement, review or approval of a qualified engineer. Sections 16 to 18 explain your responsibilities for engineering output and are an essential part of these Terms.

1. Introduction and Acceptance

These Terms form a binding agreement between STACKPLY SOLUTIONS PRIVATE LIMITED, a private limited company incorporated in India, with its registered office at No.33, 2nd Main Road, Venkatachalam Nagar, Tirumullaivoyal, Poonamallee, Tiruvallur- 600062, Tamil Nadu, and the Customer or person accessing the Services.

By accessing the website, creating or using an account, placing an order, paying an invoice or otherwise using the Services, you confirm that you have read, understood and accept these Terms. If you do not accept them, you must not use the Services.

Where a separate written agreement, order form or statement of work signed by Stackply applies to your use of the Services, that document prevails over these Terms to the extent of any conflict.

2. Definitions

In these Terms:

  • “Services” means the website, the Stackply software platform (including the BlueComEx ecosystem and its modules, to the extent made available to you), related documentation, support and any other service we provide under these Terms.
  • “Customer” means the company, firm or other organisation (or individual professional) that subscribes to or uses the Services, and “you” and “your” refer to the Customer and each User acting for it.
  • “User” means an individual authorised by the Customer to access the Services under the Customer’s account.
  • “Customer Data” means the project information, inputs, dimensions, material data, design parameters, files and other content that you submit to the Services.
  • “Output” means calculations, drawings, reports, documents, nesting or cutting layouts and other results generated by the Services from Customer Data.
  • “Plan” means the subscription, licence or package, with its scope, term, User limits and fees, set out in the order, quotation, invoice or plan description that applies to you.
  • “Fees” means the amounts payable for the Services under your Plan.

3. Eligibility and Organisational Authority

The Services are intended for business and professional use. You must be at least 18 years old and legally capable of entering into a binding contract under Indian law to use them.

If you use the Services on behalf of a company or other organisation, you confirm that you have the authority to bind that organisation to these Terms. In that case the organisation is the Customer and is responsible for the acts and omissions of its Users.

4. Account Creation

Access to the software platform is provided through accounts that we create or enable for the Customer. When an account is created, you must give accurate, current and complete information, including the legal name of the Customer, a valid business email address and billing details, and keep that information up to date.

We may decline to open an account, or ask for further information to verify the identity or authority of the person requesting it, at our discretion.

5. Account Security

You are responsible for all activity under your account. You must restrict access to authorised Users, assign access only to the extent each User needs it, and promptly remove access for any User who leaves your organisation or no longer requires it.

You must notify us without delay at info@stackplysolutions.com if you become aware of, or suspect, any unauthorised access to or use of your account.

6. Credentials and Unauthorised Use

Login credentials are personal to the User to whom they are issued. They must not be shared, sold, transferred or used by more than one individual, and access must not be used to exceed the User limits of your Plan.

Stackply is not liable for loss or damage arising from your failure to keep credentials confidential. We may reset credentials, require re-authentication or restrict access where we reasonably believe credentials have been compromised or misused.

7. Scope of Services

Stackply provides industrial engineering software for composite engineering, including FRP/GRP workflows such as standards-driven design calculations, drawing and documentation workflows. The specific modules, features, User limits and support included for you are those described in your Plan.

Descriptions of the Services on our website are for general information. Features that are described as planned, in development or under evaluation are not part of the Services until we make them available to you.

8. Subscriptions and Plans

Where the Services are provided on a subscription basis, your Plan sets out the subscription term, the renewal arrangement and the Fees. Unless your Plan states otherwise, a subscription renews for a further term of the same length at the end of each term unless it is cancelled before the next renewal or payment date in accordance with our Cancellation & Refund Policy.

Upgrades, downgrades and additional Users take effect as agreed with us and may change the Fees payable from the date they take effect.

9. Trial and Evaluation Access

Where we offer trial, demonstration or evaluation access, it is provided for a limited period and solely to evaluate whether the Services suit your needs. Trial access may be limited in features or capacity, and may be withdrawn or ended by us at any time.

Output produced during a trial must not be relied on for any live project, fabrication or procurement. Unless we agree otherwise in writing, trial access is provided “as is” without any commitment of support or availability, and Customer Data entered during a trial may not be retained after the trial ends.

10. Fees, Taxes, Invoicing and Billing

You agree to pay the Fees set out in your Plan, in Indian Rupees unless otherwise agreed, by the due date shown on the invoice or order. Fees are exclusive of taxes unless stated otherwise.

Goods and Services Tax (GST) and any other applicable taxes, duties or levies are charged in addition to the Fees at the rates in force. Our GSTIN is 33ABUCS1163L1ZW. To receive a GST-compliant invoice showing your GSTIN, you must provide your correct GST details before the invoice is issued; we are not responsible for input tax credit lost because of incorrect or late details you provide.

Fees are payable in full without set-off or deduction, except for any tax deduction at source required by law, in which case you must provide the relevant certificate promptly. If an amount is overdue, we may suspend the Services in accordance with Section 23 after giving you notice.

If you believe an invoice is incorrect, tell us in writing at info@stackplysolutions.com within 7 days of the invoice date, giving the reason. We will review it in good faith. Refunds are governed by our Cancellation & Refund Policy.

11. Payment Processing

Online payments are processed by Razorpay or another third-party payment service provider that we engage. When you pay online, you provide your card, UPI, net banking or other payment credentials directly to that provider, and your use of its service is also subject to its own terms and privacy policy.

Stackply does not receive or store your full card number, CVV, UPI PIN, net banking password or other full payment credentials. We receive only the transaction information needed to confirm, reconcile and account for your payment, such as the transaction reference, amount, date, status and payment method type.

We are not responsible for delays, failures or errors caused by the payment provider, your bank or the payment network. Payments that are debited but not completed are normally reversed by the bank or provider under their own timelines.

12. Intellectual Property

Stackply and its licensors own all rights, title and interest, including all intellectual property rights, in and to the Services and everything we provide through them, including:

  • source code, object code, software and databases;
  • user interfaces, screens, layouts and visual design;
  • algorithms, calculation logic, methods and rule sets;
  • drawing engines, nesting and optimisation logic, and workflows;
  • documentation, report formats and templates;
  • the names Stackply and BlueComEx, logos, marks and branding; and
  • all other proprietary systems, know-how and improvements to any of them.

Subject to these Terms and payment of the Fees, we grant the Customer a limited, non-exclusive, non-transferable, non-sublicensable and revocable right, for the term of its Plan, to allow its Users to access and use the Services for the Customer’s internal business purposes. All rights not expressly granted are reserved by Stackply. Nothing in these Terms transfers ownership of any part of the Services to you.

If you send us suggestions or feedback about the Services, we may use them freely without any obligation to you.

13. Customer and Project Information

As between you and Stackply, you retain ownership of your Customer Data. Stackply does not acquire ownership of Customer Data merely because it is processed by the Services. Subject to our rights in the Services and in the templates, formats and logic they use, you may use the Output for your own projects.

You grant Stackply a limited, non-exclusive licence to host, copy, process, transmit and display Customer Data only as needed to provide, secure, maintain and support the Services, to comply with law, and to enforce these Terms.

You confirm that you have all rights, permissions and consents needed to submit Customer Data to the Services, including any client, contractual or confidentiality obligations attached to project information. Personal data is handled as described in our Privacy Policy.

14. Confidentiality

Each party may receive non-public information from the other that is marked confidential or that a reasonable person would understand to be confidential, including Customer Data, pricing, product roadmaps and technical information about the Services (“Confidential Information”).

The receiving party will use the other party’s Confidential Information only to perform or exercise its rights under these Terms, will protect it with at least reasonable care, and will disclose it only to its employees, contractors and service providers who need to know it and are bound by obligations of confidentiality.

These obligations do not apply to information that is or becomes public through no fault of the receiving party, was lawfully known to it before disclosure, is lawfully received from a third party without restriction, or is independently developed. A party may disclose Confidential Information where required by law or by a court or authority, giving the other party prior notice where lawful.

15. Acceptable Use

You must not, and must not allow anyone else to:

  • use the Services for any unlawful, fraudulent or deceptive purpose;
  • access or attempt to access any part of the Services, systems or networks that you are not authorised to access;
  • access, view or interfere with another subscriber’s account or data;
  • interfere with, disrupt or overload the Services, or attack our infrastructure, including through denial-of-service, flooding or similar methods;
  • upload or transmit viruses, malware or other harmful code;
  • scrape, crawl, harvest or extract data from the Services by automated means, except through interfaces we provide for that purpose;
  • circumvent, disable or interfere with security, authentication, licensing, usage-limit or other technical controls;
  • share, sell or misuse credentials, or use the Services beyond your Plan;
  • copy, modify, decompile, disassemble or reverse engineer the Services, or attempt to derive their source code, algorithms or calculation logic, except to the extent that applicable law expressly permits this despite this restriction;
  • resell, sublicense, rent or provide the Services to third parties, or use them to build a competing product or service; or
  • remove or alter any proprietary notices, marks or labels on the Services or Output.

We may investigate suspected breaches of this Section and act under Sections 23 and 24.

16. Engineering Responsibility

The Services are tools that assist engineering workflows. They apply calculation logic, drawing rules and optimisation methods to the information you provide. They do not exercise engineering judgement, and the Output is not independent professional engineering certification, verification or approval.

The Customer and its qualified personnel remain solely responsible for:

  • the accuracy and completeness of all inputs, dimensions and units;
  • material data, properties, laminate details and allowable values;
  • design conditions, loading conditions, load cases and safety factors;
  • assumptions made and options selected in the Services;
  • selecting the applicable standards, codes and their revisions;
  • project specifications and client, contractual and site requirements;
  • interpreting and checking all Output;
  • reviewing calculations, reports and drawings before use;
  • confirming that any design is suitable for fabrication, installation, construction and its intended service; and
  • obtaining final engineering approval from a suitably qualified professional.

You must not represent the Output, or any design, product or structure based on it, as having been certified, checked or approved by Stackply.

17. Standards and EN 13121 Disclaimer

Parts of the Services are designed to support standards-driven workflows, including EN 13121-driven design calculations for FRP/GRP tanks and vessels. A reference in the Services or on our website to EN 13121 or any other standard means only that the relevant workflow is built with reference to that standard.

Such a reference is not, and must not be represented as, an endorsement, accreditation, certification or approval of Stackply, the Services or any Output by the standards body that publishes the standard, by any notified body or by any regulator.

You are responsible for determining which standard and which revision of it applies to your project, and for meeting any contractual, jurisdictional, regulatory and client requirements that go beyond or differ from what the Services implement. Standards are revised over time, and the Services may not reflect a revision or national annex that applies to your project.

18. Review of Generated Output Before Reliance

All generated calculations, drawings, reports, documents and nesting or cutting layouts must be reviewed and checked by a competent person before they are relied on, issued to any third party, or used for fabrication, construction, procurement or ordering of materials.

Output depends on the inputs and selections you make, and may contain errors or omissions. Stackply is not responsible for any consequence of using Output that has not been independently reviewed, including material waste, rework, delay or failure.

19. Availability

We aim to keep the Services available and to perform reliably, and we take reasonable steps to do so. However, we do not guarantee that the Services will be uninterrupted, timely, error-free or free from defects, or that every error will be corrected.

Any service level, response time or availability commitment applies only if it is set out in a written agreement signed by Stackply.

20. Maintenance and Modifications

We may carry out scheduled or emergency maintenance, during which the Services may be unavailable or limited. Where reasonably practicable, we will give advance notice of planned maintenance that is expected to cause significant disruption.

We may update, improve, change or discontinue features of the Services, including calculation logic, templates and interfaces, for example to correct errors, improve performance, address security or reflect changes in standards. We will not make a change that materially reduces the core functionality of a paid Plan during its current term without notice to the Customer.

21. Third-Party Dependencies

The Services rely on third-party providers, such as hosting, email delivery, payment processing and security services, and may interoperate with third-party software or content. We are not responsible for the availability, performance or acts of those third parties, or for third-party products that you choose to use with the Services.

Your use of third-party services may be subject to their own terms, which you are responsible for reviewing.

22. Your Security Obligations

You must:

  • use strong, unique passwords and keep credentials confidential;
  • keep the devices, browsers and networks used to access the Services secure and up to date;
  • keep your own copies of important Customer Data and Output under your own backup and records practices;
  • report suspected security incidents, vulnerabilities or unauthorised access to info@stackplysolutions.com promptly; and
  • cooperate reasonably with us in investigating and responding to security incidents.

We apply reasonable technical and organisational safeguards to the Services, but no system can be made completely secure, and security is a shared responsibility.

23. Suspension

We may suspend or restrict access to all or part of the Services, for the Customer or any User, if:

  • Fees remain unpaid after their due date and after we have given notice;
  • we reasonably believe there is a security threat to the Services, to us or to other customers;
  • the Services are being abused or used in breach of Section 15;
  • you materially breach these Terms;
  • we reasonably suspect unlawful or fraudulent conduct; or
  • suspension is needed to protect the integrity, stability or availability of the Services, or is required by law.

Where reasonably practicable we will give notice before or promptly after suspending, and we will restore access once the cause has been resolved. Fees continue to accrue during a suspension caused by your default or breach.

24. Termination

The Customer may stop a subscription from renewing by cancelling before the next renewal or payment date, as described in our Cancellation & Refund Policy.

Either party may terminate these Terms by written notice if the other party materially breaches them and, where the breach can be remedied, fails to remedy it within 15 days of receiving written notice of it, or if the other party becomes insolvent, enters liquidation or a similar process, or ceases to carry on business.

Stackply may terminate immediately by notice for a serious breach of Section 15, for unlawful or fraudulent use, or for repeated non-payment.

25. Effect of Termination

On expiry or termination:

  • all rights to access and use the Services end, and Users must stop using them;
  • all Fees accrued up to the date of termination become immediately payable;
  • no Fees are refunded except as set out in our Cancellation & Refund Policy or as required by law; and
  • each party must return or destroy the other’s Confidential Information on request, except where retention is required by law or as part of routine backups.

Sections 12 to 14, 16 to 18, 25 to 29, and 31 to 38, and any other provision which by its nature is meant to survive, survive expiry or termination.

26. Customer Data After Termination

You should keep your own copies of Customer Data and Output during your subscription. After expiry or termination, Customer Data may no longer be accessible through the Services. If you need a copy of Customer Data held by us, you should ask us in writing at info@stackplysolutions.com before the end of your subscription; we will consider reasonable requests and tell you what, if anything, can be provided and in what form. We do not promise any particular export format or tool unless it is set out in your Plan.

After a subscription ends we may delete Customer Data, subject to our legal and accounting retention obligations and our Privacy Policy. Deleted data may persist in backups for a limited time until those backups are overwritten in the normal course.

27. Disclaimer of Warranties

To the fullest extent permitted by applicable law, the Services and all Output are provided on an “as is” and “as available” basis. Stackply disclaims all warranties, conditions and representations, whether express, implied or statutory, including any implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, accuracy, non-infringement, and any warranty that the Output will meet any standard, code, specification or regulatory requirement.

Nothing in these Terms excludes any warranty or right that cannot be excluded under applicable law.

28. Limitation of Liability

To the fullest extent permitted by applicable law:

  • Stackply will not be liable for any indirect, incidental, special, consequential, exemplary or punitive loss or damage, or for any loss of profit, revenue, business, contracts, goodwill, anticipated savings, production or use, or loss or corruption of data, however caused, even if Stackply was advised of the possibility of such loss;
  • Stackply will not be liable for any loss arising from the design, fabrication, installation, operation or failure of any tank, vessel, piping, grating, structure or other product designed, drawn or produced using the Services, or from reliance on Output that was not independently reviewed as required by Sections 16 to 18; and
  • Stackply’s total aggregate liability arising out of or in connection with these Terms and the Services, whether in contract, tort (including negligence), breach of statutory duty or otherwise, will not exceed the total Fees actually paid by the Customer to Stackply for the Services in the 12 months immediately before the event giving rise to the claim.

Nothing in these Terms limits or excludes liability for fraud, for death or personal injury caused by negligence, or for any other liability that cannot lawfully be limited or excluded.

29. Indemnity

The Customer will defend, indemnify and hold harmless Stackply, its directors, officers, employees and agents from and against all claims, losses, damages, liabilities, costs and expenses (including reasonable legal fees) arising out of or relating to:

  • Customer Data, or the Customer’s lack of rights to submit it;
  • the use of Output, or of any design, product or structure based on it, by the Customer or anyone who receives it from the Customer;
  • any breach of these Terms by the Customer or its Users; or
  • any violation of law or of third-party rights by the Customer or its Users.

Stackply will notify the Customer promptly of any such claim and give reasonable cooperation, at the Customer’s cost, in its defence.

30. Force Majeure

Neither party is liable for delay or failure to perform its obligations (other than payment obligations) caused by events beyond its reasonable control, including natural disasters, flood, fire, epidemic, war, terrorism, civil unrest, strikes, acts of government, failure of public utilities or telecommunications networks, failure of hosting or other third-party service providers, or large-scale cyber attacks. The affected party will take reasonable steps to limit the effect of the event and resume performance as soon as practicable.

31. Governing Law

These Terms, and any dispute or claim arising out of or in connection with them or the Services, are governed by and construed in accordance with the laws of India.

32. Jurisdiction and Dispute Resolution

If a dispute arises, please contact us first at info@stackplysolutions.com. The parties will try in good faith to resolve the dispute by discussion between their authorised representatives within 30 days of one party notifying the other of it in writing.

Subject to that, the courts at Chennai, Tamil Nadu, India have exclusive jurisdiction over any dispute arising out of or in connection with these Terms or the Services. Nothing in this Section prevents either party from seeking urgent interim or injunctive relief from a competent court.

33. Amendments

We may update these Terms from time to time, for example to reflect changes in the Services, in law or in our business. The updated Terms will be published on this page with a new “Last updated” date. Where a change materially affects the rights of existing paying Customers, we will make reasonable efforts to notify them in advance, for example by email to the account email address. Continued use of the Services after the updated Terms take effect means you accept them; if you do not accept them, you should stop using the Services and cancel any renewal.

34. Severability

If any provision of these Terms is found to be invalid, illegal or unenforceable, it will be enforced to the maximum extent permitted, or modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force and effect.

35. Waiver

A failure or delay by either party in exercising any right under these Terms is not a waiver of that right. A waiver is effective only if it is in writing and signed or sent by an authorised representative of the party giving it, and applies only to the matter it addresses.

36. Assignment

The Customer may not assign, transfer or sub-contract its rights or obligations under these Terms without Stackply’s prior written consent. Stackply may assign or transfer these Terms, in whole or in part, to an affiliate or in connection with a merger, acquisition, corporate reorganisation or sale of all or part of its business or assets, on notice to the Customer.

37. Entire Agreement

These Terms, together with the Privacy Policy, the Cancellation & Refund Policy, your Plan and any written agreement signed by Stackply referred to in Section 1, form the entire agreement between the parties about their subject matter and supersede all earlier proposals, understandings and communications. Any terms in a purchase order or other document issued by the Customer do not apply, even if Stackply accepts or acknowledges that document.

38. Notices

Notices to Stackply must be in writing and sent by email to info@stackplysolutions.com, or by post or courier to our registered office at No.33, 2nd Main Road, Venkatachalam Nagar, Tirumullaivoyal, Poonamallee, Tiruvallur- 600062, Tamil Nadu, addressed to STACKPLY SOLUTIONS PRIVATE LIMITED.

We may send notices to the Customer by email to the account or billing email address we hold, or by posting them in the Services. Email notices are treated as received on the business day after sending, unless the sender receives a delivery failure message.

39. Contact

If you have any questions about these Terms, please contact us at info@stackplysolutions.com or call us on +91 7550051188. Our corporate details are set out below.

STACKPLY SOLUTIONS PRIVATE LIMITED

Registered Office
No.33, 2nd Main Road, Venkatachalam Nagar, Tirumullaivoyal, Poonamallee, Tiruvallur- 600062, Tamil Nadu
GSTIN
33ABUCS1163L1ZW