Terms for Navigate
This is an agreement between you or the organization that you represent (hereinafter referred to as "you" or "your") and JustOpex Tech Solutions Private Limited (hereinafter referred to as "JustOpex" ) and governs your use of Navigate, the set of products and services constituting the SaaS offer from JustOpex.
This Agreement consists of the following terms and conditions (hereinafter referred as "Terms"). These Terms refer to Navigate, the product and services suite from JustOpex and is not to be mistaken for the Terms that are present on our website at http://JustOpex.com. The terms present at that website are for the contents of that website alone. The use and access of Navigate are governed only by these Terms hereunder.
Acceptance of the Terms
By agreeing to these Terms, you are declaring truthfully that you are of legal age to enter into a binding agreement. If you do not or cannot agree to the Terms, please do not use any of our Services. You can accept the Terms by typing in your First and Last name, you used during the sign-up process, and by clicking on a button indicating your acceptance of the terms.
The Navigate SaaS comprises of products and services to help with multi cloud management. This include such services as adding a cloud provider, discovering and reviewing inventory of the cloud resources, grouping resources under a project, stopping or starting servers, monitoring resource utilization and alerting, adding, modifying or deleting cloud resources in your project. The SaaS product simplifies multi cloud management by letting you perform cloud managment functions on demand or via a schedule. You may use the Services for your personal or for business use. You may connect to our SaaS product using any Internet browser supported on a personal computer or a laptop. We do not recommend that you use this product on a tablet or on a smart phone. You are responsible for obtaining access to the Internet and the equipment and network bandwidth necessary to use this service.
Modification of Terms
We reserve the right to modify these Terms and will notify you through a service announcement to your registered email address. Due to any changes in terms, should you feel that you would like to discontinue the use of our services, you are free to terminate this contract by removing your account and stop using Navigate. There is no requirement for a notice period and you can terminate for convenience without any notice. However, your continued use of the service will be deemed as your agreement to the modified Terms.
User's obligations. Project Owners and Administrators
When you sign up as a Project Owner by creating a project for your organization you may add one or more administrators. You may also add read-only users who can only view various things within Navigate and not perform any actions. The administrators will have the right to configure, change, delete and modify your various cloud resources based on your requirements. If your organizational project is created and configured on your behalf by a third party, it is likely that such third party has assumed the administrator role, or prehaps even a project owner role, for your organization. It is your resposibility to enter into a suitable agreement with such third party and their roles, responsibilities and restrictions regarding their method and access rights in the use of your cloud resources.
When you sign up for Navigate, please provide all required information in a truthful manner. If you represent an organization and wish to use this service for corporate use, we recommend that you, and all other users from your organization use the same corporate name, physical address and corporate contact information. We highly recommend that you use your corporate email address.
You agree to: (i) provide true, accurate, current and complete information about yourself during the sign up process; and (ii) promptly update your contact information in your user profile and keep it true, accurate, current, and complete. If you provide any information that is inaccurate or outdated, you may find it difficult to continually make best use of these products and services. If we cannot contact you about your cloud resources due to inaccurate or outdated contact information, you are automatically declaring us exempt from all obligations regarding our service level commitments to you.
You are responsible for (i) ensuring confidentiality of your account and password for the sake of your organization; and (ii) appointing competent individuals as administrators for managing your cloud resources; and (iii) ensuring that all activities that occur in connection with your organization or project comply with this Agreement. You understand and declare that Justopex is not responsible for user account administration and management of your project subscriptions or access restrictions.
We have programmed specific security features wherein unauthorized or illegal access of cloud resources is not permitted. A user with read only access cannot perform any actions and a user who has administrator access to a project can only work on the cloud resources defined within the project and has no means of accessing an asset that belongs to another project. This is to ensure that only authorized users have access to your project resources and the authorizations are determined by the project owner of a given project. You understand and declare that Navigate will execute all requests without prejudice and does not have the ability to determine malicious intent on the part of your project users.
You are responsible for taking necessary steps for ensuring that your organization does not lose control of the project owner and administrator accounts. In the event you have lost access to your administrator or project owner accounts, please contact us immediately at Support and we will be happy to help you.
If another individual from your organization wishes to recover password of the project owner or an administrator, please also contact us at the above address and we will facilitate this change via a manual process, where you will be required to demonstrate and provide valid proof, satisfactory to JustOpex, demonstrating authorization to act on behalf of your organization. The current agreement states that you understand that such a change to your account is possible in the future from your own organization and declare that you will not hold JustOpex liable for the consequences of such action taken by JustOpex in good faith towards your organization.
Personal Information and Privacy
Communications from JustOpex
When you sign up at Navigate, this service may include certain communications from JustOpex, such as service announcements, service alerts, administrative messages and newsletters. You understand that these communications are part of the service. As part of our policy to provide you total privacy, we also provide you the option of opting out from receiving newsletters from us. However, you will not be able to opt-out from receiving service alerts, announcements and administrative messages.
Service Charges and Payments
Navigate is available for use under subscription plans with varying levels and options. There are monthly and daily charges for each of these subscription levels. To make matters easy and less confounding, we have made choosing or disabling subscription levels at a project level. However, the actual charges are based on the number of servers that use the various subscription levels. Servers using the highest level of subscription for more than 10 days in a calendar month will automatically be on a monthly payment schedule. Each project is invoiced at the end of the calendar month for the services used.
After the free trial use, project owners are required to setup payment details as per instructions that will be provided. Once the payment information is provided, project users can continue managing the project using Navigate. Charges will be applied to your payment account at the end of the month following consumption of services.
Your subscription will be automatically renewed at the beginning of each month unless you change them. You have the option to choose any subscription level and add or remove any number of servers from the project and we dont place any restrictions on your project requirements. We only require that if payment is declined, project access may be suspended until payments are completed. We provide you the option of changing the details if you would like the payment for the renewal to be made through a different method. If you do not wish to renew the subscription, you may opt out of the subscription level at any time without informing us and there are no penalties for early termination of subscriptions.
From time to time, we may change the price of our Services or charge for use of services that are currently available free of charge. Any increase in charges will not apply until the expiry of your then current billing cycle. You will not be charged for using any service unless you have opted for the relevant subscription plan.
Please Note: The charges mentioned and collected by us are for Navigate only. This does not include the charges for the Cloud provider and the costs you owe them for infrastructure, storage, network bandwidth and other items that you may have procured from your cloud provider, including those procurement activities that you perform through Navigate. You understand and agree that you are responsible for payments directly to your Cloud Provider.
Fair Use Policy
In addition to all other terms and conditions of this Agreement, you shall not: (i) attempt to bypass the security controls implemented by the Navigate system with an intent to impair, damage, disable, overwhelm or harm any server, network, computer system, resource of JustOpex and its clients (ii) use our Service in any manner that could damage, disable, overwhelm, impair or harm any server, network, computer system, resource of JustOpex and its clients; (iii) violate any applicable local, state, national or international law; and (iv) create a false identity with the intent to mislead JustOpex or its partners. We reserve the right to terminate access to your project and account should we find evidence of unfair use of our Service in your activities, where "unfair" matches the conditions mentioned in this paragraph.
Inactive Projects Policy
We reserve the right to terminate unpaid user accounts that belong to a project that has not been paid for a continuous period of 3 months. In the event of such termination, all data associated with such project will be deleted. We will provide you prior notice of such termination and option to save your account. The data deletion policy may be implemented with respect to any of the services and each of our service is considered an independent and separate service for the purpose of calculating the period of inactivity. In other words, activity in one of the services or projects is not sufficient to keep your access active in another project or service.
Inactive User Accounts Policy
To ensure no security breach over long periods of time, those user accounts that have not logged in for long periods of time may be deactivated by us. A user account that has been deactivated can be added again by the project owner at any time. In the case where a project has only one user, that of the project owner, this policy may not apply.
We respect your ownership of the content created or stored by you. The data stored on the cloud is owned by you and we do need to access your data for providing you our services. Even if you specifically ask us to do something with your data storage device, we do not access your data in any way. The configurations, designs and architecture of your cloud are also your own data and we do not take this information for our own purposes or for dissemniating this information via any medium or through any channel. We access your cloud provider, using the credentials that you supply us, solely to perform only those tasks as required by you.
When you request support from us, we use the information that you provide us to help you with your support query. We will use any insight or information gathered during this process only in the support of your service request. Over a period of time, the insights gathered will be used to introduce more useful services for our clients or in making things even simpler for our clients.
Procedures, Instructions and How-to Documents
JustOpex may provide procedures or instructions on how to install and configure software that will help you better utilize the Navigate Service. With changing time and version of various software involved, this is a complicated task to keep up. JustOpex will strive to ensure that the information published will be as current and accurate as possible. However, it is not physically possible to test against all scenarios of all of our client's servers where software may be competing for same or similar resources. You agree that you will take necesary precautions before using such instructions on your estate. JustOpex will also strive to help you sort out issues as they occur. But you agree that JustOpex will not be held responsible for any issues nor in the resolution of any such issues that may arise from your using these instructions or procedures.
Trademark and Copyright
JustOpex, JustOpex Logo, Navigate and the Navigate logo, the names of other individual services and their logos are trademarks of JustOpex. You agree not to display or use, in any manner, the JustOpex trademarks, without the prior written permission from the Directors of JustOpex.
Other words and logos for Amazon, AWS, Microsoft, Azure, Windows, Linux, Ubuntu, RedHat, SuSE, IBM, SoftLayer, Google, GCE, etc. are trademarks and copyrights of their respective organizations.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN AS-IS-AND-AS-AVAILABLE BASIS. JUSTOPEX EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. JUSTOPEX MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. USE OF ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE TELEPHONE, WIRELESS DEVICE OR DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM JUSTOPEX, ITS EMPLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
YOUR ORGANIZATION MAY HAVE PROVIDED ACCESS TO OTHER USERS WHO MAY ACCESS YOUR CLOUD PROVIDER DIRECTLY WITHOUT USING THE NAVIGATE SYSTEM. WE RECOMMEND RESTRICTING SUCH ACCESS TO ENSURE PROPER SECURITY AND ACCOUNTABILITY OF YOUR CLOUD RESOURCES. IT IS IMPORTANT, HOWEVER, TO NOTE THAT WHEN THE STATE OF YOUR CLOUD CHANGES DUE TO SUCH ACCESS, JUSTOPEX CANNOT BE HELD RESPONSIBLE FOR THE RESULTING OUTCOME. YOU HEREBY AGREE AND DECLARE THAT JUSTOPEX WILL NOT EVEN HAVE KNOWLEDGE WHEN SUCH ACCESS HAPPENS ON YOUR SIDE AND THEREFORE ARE EXEMPT FROM THE RESULTS OF SUCH ACCESS.
Limitation of Liability
BEYOND THE SLA DOCUMENT THAT IS PUBLISHED, YOU AGREE THAT JUSTOPEX SHALL, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF OR WHEN JUSTOPEX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL JUSTOPEX'S ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS SUCH SERVICE.
You agree to indemnify and hold harmless JustOpex, its officers, directors, employees, suppliers, and affiliates, from and against any losses, damages, fines and expenses (including attorney's fees and costs) arising out of or relating to any claims that you have used the Services in violation of another party's rights, in violation of any law, in violations of any provisions of the Terms, or any other claim related to your use of the Services, except where such use is authorized by the Directors of JustOpex.
Any controversy or claim arising out of or relating to the Terms shall be settled by binding arbitration in accordance with the commercial arbitration rules of the Indian Arbitration and Conciliation Act of 1996. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The decision of the arbitrator shall be final and unappealable. The arbitration shall be conducted in India and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Notwithstanding anything to the contrary, JustOpex may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction.
Suspension and Termination
We may suspend your user account or temporarily disable access to whole or part of any Service in the event of any suspected illegal activity, extended periods of inactivity or requests by law enforcement or other government agencies. Objections to suspension or disabling of user accounts should be made to firstname.lastname@example.org within thirty days of being notified about the suspension. We may terminate a suspended or disabled user account after thirty days. We will also terminate your user account on your request.
In addition, we reserve the right to terminate your user account and deny the Services upon reasonable belief that you have violated the Terms and to terminate your access to any project in case of unexpected technical issues or discontinuation of our Service. You have the right to terminate your user account if JustOpex breaches its obligations under these Terms. Termination of user account will include denial of access to all services and deletion of information in your project account.
END OF TERMS OF SERVICE
If you have any questions or concerns regarding this Agreement, please contact us at Support