Effective Date: December 3, 2025
These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (the "Customer"), and Glued Tomatoes Pvt. Ltd. (operating as STAREK, "We," "Us," or "Our"), concerning the Customer's access to and use of the STAREK website (starek.in), mobile applications (the "Starek"), and the wireless data collection hardware (the "Devices") and related cloud platform services (collectively, the "Services").
By clicking "I agree" or by using any part of the Services or Devices, you agree to be bound by all of these Terms and Conditions. If you do not agree with all of these terms, you are expressly prohibited from using the Services and must cease use immediately.
Subject to the payment of all applicable fees, STAREK grants the Customer a limited, non-exclusive, non-transferable, revocable license to access and use the Services (including the App) during the Subscription Term solely for the Customer's internal business operations.
The Customer shall not license, sublicense, sell, resell, or otherwise commercially exploit or make the Services available to any third party, nor shall the Customer reverse engineer, decompile, or disassemble the Devices or the underlying software.
The Customer shall pay all subscription fees for the Services and purchase prices for the Devices as set forth in the separate Order Form or Sales Agreement.
All fees are due net 30 days from the invoice date. Unpaid amounts are subject to late payment interest at the rate of 1.5% per month, or the maximum permitted by law.
The Customer is responsible for all applicable taxes, duties, and government fees.
All intellectual property rights in and to the Services, the App, the Device software (firmware), trademarks, and the underlying technology are and shall remain the exclusive property of STAREK.
As between STAREK and the Customer, the Customer owns all rights, title, and interest in and to all Customer Data (Operational Data). STAREK is granted a limited, non-exclusive right and license to process the Customer Data solely to provide the contracted Services.
These Terms commence on the Effective Date and continue until the expiration or termination of all Subscription Terms.
Either party may terminate these Terms and any Subscription Term immediately upon written notice if the other party materially breaches these Terms and fails to cure such breach within thirty (30) days of receiving notice. Non-payment by the Customer is a material breach.
Upon termination, the Customer's right to access and use the Services shall cease. STAREK shall, upon request, provide the Customer with an opportunity to retrieve their Customer Data for a period of 30 days before permanently deleting it.
STAREK warrants that the Devices will be free from material defects in materials and workmanship for a period of 12 months from the date of shipment.
EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE SERVICES AND DEVICES ARE PROVIDED "AS IS." STAREK EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. STAREK does not warrant that the Service will be error-free or uninterrupted.
IN NO EVENT WILL STAREK BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING TO THESE TERMS OR THE USE OF THE SERVICES, REGARDLESS OF THE LEGAL THEORY.
IN ANY CASE, STAREK'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS SHALL NOT EXCEED THE TOTAL FEES PAID BY THE CUSTOMER TO STAREK FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
These Terms shall be governed by and construed in accordance with the laws of India. The courts in Gurugram, Haryana, India, shall have exclusive jurisdiction to resolve any disputes.
For any questions regarding these Terms, please contact us at touch@starek.in.