Welcome to https://kappax.io (“Website”). This website, Platform and the contents hosted herein are available only to persons who may enter into a legally binding contract under the Indian Contract Act, 1872. If you are a minor i.e. under the age of 18 years, you may not use this Platform or access content hosted herein without involvement of a parent or guardian. Customer shall ensure that all content on their Customer Kappa Interactive Experience (as defined hereunder) are accessible to minors under 18 years is accessible only with parental or guardian’s consent.
Hyperstate Technologies Private Limited (“Hyperstate” or “Company”) and its affiliates provide access to you, the User, to https://kappax.io, the website (“Website”) and all software and products hosted therein including “KAPPA™” Kappa Interactive Experience, Customer Accounts and content developed and hosted by or in the Customer Accounts and such or other elements forming part of and comprised in the Website (collectively referred to as “Platform”), subject to the conditions set out on this page. Please read these conditions carefully before using the Platform. By using the Platform, you signify your agreement to be bound by these conditions. (“Agreement”).
In addition, you are subject to the terms, guidelines and conditions of cloud service on which this Platform is hosted and shall comply with the terms and conditions of its usage. You will also be bound by the terms and conditions of any Hyperstate service that may be added to the Platform, subject however to explicit disclosure herein of the said terms.
This Agreement is an electronic record within the meaning of Indian laws and by clicking your consent hereunder, you agree to be bound by the terms contained herein. This electronic contract is generated by a computer system and does not require any physical or digital signatures but is binding on you. (References herein to “we” or “our” applies to Hyperstate and of “you”, “your” or “Person/s” applies to all users of this Platform including natural persons, firms, partnerships, companies, corporations, associations, organizations, governments, states, foundations or trusts.
You will pay the license fees, as applicable and as set out AS PER THE PRICING TERMS for use of KAPPA™. Users (other than Customers) will not be billed for the grant of limited license to access, view and engage on the Platform of any Kappa Interactive Experience, unless otherwise specifically provided. All engagements of End Users on Customer Kappa Interactive Experience shall be billed in the manner and as set out AS PER THE PRICING PAGE.
By using this Platform, Website or Kappa, you do not create any relationship with the Company except as a licensee. There is no partnership or joint venture and the relationship between Company and user is solely that of an independent contractor and neither Party shall claim any right to represent the other or claims any relationship, as a partnership, joint venture or other legal association. User and in particular Customers and their Named Users shall not claim or be entitled to any of the benefits provided by the other Party to its employees, including, but not limited to, workers’ compensation or insurance, unemployment insurance, and health retirement and welfare benefits. The personnel and representatives shall remain the personnel and representatives of each Party while being engaged on the Platform of Company.
We are available only through electronic means of communication. If you have any grievance please write to us on firstname.lastname@example.org. Only those communications explicitly acknowledged by the Company (manually and not through any automated process) shall be deemed to have been received by us. We will take best efforts to respond to your grievances within thirty (30) days unless otherwise stipulated under extant laws. Absence of a response shall not be deemed to be an admission of any of the allegations or contentions in your communication. Unless explicitly admitted, Company shall stand by the above general denial of the truth or correctness of your claims.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
These conditions are governed by and construed in accordance with the laws of India. You agree, as we do, to submit to the exclusive jurisdiction of the courts at Pune.
All terms that by their very nature including of IPR, protections thereto, licenses granted herein to Company, indemnities of Parties, dispute resolution and such or other terms that by their very nature continue to be applicable, shall survive termination of this Agreement.
By clicking your consent hereunder you are agreeing to and shall be bound by the terms of usage of the Platform, Website, Kappa, Software and such or other components withing the Platform