Terms of Use

1. Acceptance

By accessing or using the website https://www.gelstax.com (the "Site") or procuring services from GelStax("we", "us", "our"), you agree to be bound by these Terms of Use ("Terms"). If you do not agree, do not use the Site or Services.

2. Scope and agreements

Services are provided under separate statements of work, order forms or service agreements (each a "Service Agreement") that will specify scope, deliverables, timelines, fees and other project-specific terms. These Terms apply in addition to any Service Agreement. In case of conflict, the Service Agreement shall control for that engagement.

3. Eligibility

You represent that you are at least 18 years old and have the legal capacity to enter into contracts on your own behalf or on behalf of an organization.

4. Accounts and credentials

To access certain Site features or Services you may create an account. You are responsible for safeguarding credentials and for all activity under your account. Notify us immediately of any unauthorized access.

5. Fees, payments and taxes

Fees for Services are set out in the applicable Service Agreement or pricing page. Payments are due as specified in invoices. Late payments may incur interest at the lesser of 1.5% per month or the maximum permitted by law. You are responsible for applicable taxes, excluding our net income taxes.

6. Intellectual property

a) GelStax IP

We retain all right, title and interest in pre-existing intellectual property, tools, templates, methodologies and other materials developed or owned by GelStax("GelStax IP"). Unless otherwise agreed in a Service Agreement, we do not transfer ownership of GelStax IP.

b) Client materials and deliverables

"Client Materials" are materials you provide to us. You retain ownership of Client Materials. Subject to your payment of fees and compliance with these Terms, we grant you a license to use project deliverables as specified in the applicable Service Agreement. If full assignment of IP is required, it must be specified in the Service Agreement.

7. Acceptable use

You must not use the Site or Services to engage in unlawful activity, transmit malware, attempt unauthorized access to systems, reverse engineer our products, remove notices, or otherwise misuse the Services. We reserve the right to suspend or terminate access for violations.

8. Confidentiality

Each party will keep the other party's confidential information secure and will not disclose it except to persons who need to know and who are under similar confidentiality obligations. Confidential information excludes information that is publicly available, independently developed, or lawfully obtained from a third party.

9. Warranties and disclaimers

We will perform Services with reasonable skill and care in accordance with industry practice. EXCEPT AS EXPRESSLY PROVIDED IN A WRITTEN SERVICE AGREEMENT, THE SITE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND. GelStax DISCLAIMS ALL IMPLIED WARRANTIES TO THE FULLEST EXTENT PERMITTED BY LAW.

10. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GelStax'S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE SITE OR SERVICES WILL NOT EXCEED THE AMOUNTS PAID BY YOU TO GelStax UNDER THE APPLICABLE SERVICE AGREEMENT IN THE 12 MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM. NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS OR DATA, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

11. Indemnification

You shall indemnify, defend and hold harmless GelStax and its officers, directors, employees and agents from and against any claim, loss, damage, liability or expense (including reasonable legal fees) arising from your breach of these Terms, your negligence or willful misconduct, or your violation of applicable law.

12. Suspension and termination

We may suspend or terminate access to the Site or Services if you materially breach these Terms and fail to cure within a reasonable period. Termination of a Service Agreement is governed by that agreement. Sections intended to survive termination (intellectual property, confidentiality, indemnity, limitation of liability, governing law) will survive termination.

13. Export controls and sanctions

You must comply with applicable export control, sanctions and trade laws. You will not use the Site or Services in violation of such laws.

14. Governing law and dispute resolution

These Terms and any Service Agreement are governed by the laws of India. The parties will attempt to resolve disputes amicably; unresolved disputes shall be subject to the exclusive jurisdiction of the courts located in Thiruvananthapuram, India.

15. Changes to these Terms

We may update these Terms from time to time. Material changes will be communicated on the Site or by email where appropriate. Continued use of the Site or Services after updates constitutes acceptance of the modified Terms.

16. Entire agreement and severability

These Terms, together with any Service Agreement, Privacy Policy and order forms, constitute the entire agreement between you and GelStax regarding the Site and Services. If any provision is found invalid or unenforceable, the remaining provisions will remain in full force and effect.

17. Contact

If you have questions about these Terms, contact:

Email: info@gelstax.com
Website: https://www.gelstax.com
Address: TC 21/2050, MRA-72, Madhavam, Mannadi Lane, Ambalamukku, Thiruvananthapuram, Kerala - 695005