Terms and Condition

Standby App — Terms & Conditions

 

Last updated: [DD Month YYYY]

 

These Terms & Conditions (“Terms”) govern your access to and use of the Standby mobile application and related services (collectively, the “App”) offered by Array Standby Market Pvt. Ltd., having its registered office at Rudrapur, Uttarakhand, India (“Standby”, “we”, “us”, or “our”).

 

By downloading, installing, or using the App, creating an account, or clicking “I Agree,” you (“you”, “User”, or “Customer”) agree to be bound by these Terms. If you are using the App on behalf of a business entity, you represent that you have authority to bind that entity to these Terms.

1) Eligibility & Business Use

 

1.1 The App is intended for business and industrial use only (e.g., stone crushers, mining, construction, infrastructure). It is not intended for personal/consumer use.

1.2 You must be legally competent to contract under Indian law and, if representing a business, duly authorized to accept these Terms.

1.3 We may require KYC/business verification at any time and may deny or revoke access if verification fails.

 

2) Account Registration & Roles

 

2.1 To use core features, you must create a Business Account and designate authorized users (e.g., Owner, Manager, Storekeeper) within your license tier.

2.2 You are responsible for: (a) the accuracy of account information; (b) maintaining confidentiality of credentials; (c) all activity under your account; and (d) promptly notifying us of any unauthorized access.

2.3 Standby may limit user seats per site (e.g., 3 users: Owner/Manager/Storekeeper by default unless your plan allows more). You must not share logins among multiple individuals.

 

3) Services in the App

 

3.1 SaaS Modules. The App may include modules for inventory, maintenance, fuel & asset tracking, costing by cost centres, analytics, and reports.

3.2 Marketplace / Procurement. The App may allow browsing, requesting quotations, ordering, and tracking delivery of spare parts and consumables from Standby and/or third‑party sellers/brands.

3.3 Integrations. The App may integrate with third‑party services (e.g., payment gateways, logistics, ONDC, NBFCs). Your use of such integrations may be subject to third‑party terms, which you must accept and comply with.

 

4) License & App Use Restrictions

 

4.1 Subject to these Terms and payment of applicable fees, Standby grants you a limited, non‑exclusive, non‑transferable, revocable license to install and use the App solely for your internal business operations.

4.2 You will not:

(a) copy, modify, adapt, translate, or create derivative works;

(b) reverse engineer, decompile, or attempt to extract source code;

(c) circumvent technical limitations or usage caps;

(d) use the App for unlawful purposes, spam, data scraping, or to infringe IP rights;

(e) upload malicious code;

(f) resell, rent, lease, or provide the App to third parties except your authorized users;

(g) use the App in safety‑critical contexts where errors could cause death, personal injury, or severe environmental damage.

 

5) Plans, Fees, & Taxes

 

5.1 SaaS Plans. Access to SaaS features may require a subscription or license fee as per your plan (“Plan”). Plan features, user seats, and usage caps are described in your order form or in‑app purchase screen.

5.2 Billing Cycle. Fees are billed in advance (monthly/annual) and are non‑refundable except as expressly stated in these Terms or required by law.

5.3 Taxes. Fees are exclusive of GST and other applicable taxes, which will be charged as per law. You are responsible for withholding or paying any applicable taxes and providing valid GSTIN details where required.

5.4 Price Changes. We may change Plan pricing or features with prior notice for the next billing cycle. Continued use constitutes acceptance.

5.5 Payment Methods. Payments may be processed by third‑party gateways (e.g., UPI, cards, netbanking, NEFT/RTGS). You authorize Standby and its processors to charge your selected method for due amounts.

 

6) Free Trials & Beta Features

 

6.1 Free trials are for evaluation only and may be modified or terminated at any time.

6.2 “Beta” or “Preview” features are provided as‑is without warranties or support, may be unstable, and may never be released generally.

 

7) Orders for Goods (Marketplace)

 

7.1 Seller of Record. Goods may be sold by Standby or by third‑party sellers.

7.2 Product Information. Specs, compatibility, and availability are provided for convenience. You are responsible for ensuring suitability for your machinery and use case.

7.3 Pricing & Errors. Prices are subject to change. In case of typographical or system errors in pricing or availability, we may cancel or adjust the order after notifying you.

7.4 Payment Terms. Unless agreed in writing, no credit is provided. Orders must be paid as per the chosen payment method and timelines shown in checkout/PI. Any financing/“pay later” options (if offered) are provided by third‑party lenders and subject to their separate terms.

7.5 Dispatch, Delivery & Risk. Estimated delivery timelines are indicative; delays may occur. Title and risk of loss pass to you upon delivery to your designated address or handover to your carrier as applicable.

7.6 Inspection & Acceptance. You must inspect deliveries on receipt and notify us within 48 hours of any shortages, transit damage, or obvious defects, with supporting photos.

7.7 Returns & Replacements. Industrial parts are generally non‑returnable once used/installed. Subject to our Return Policy (as updated from time to time), unopened, unused items in original packaging may be eligible for return/replacement within 3 days of delivery, excluding made‑to‑order or electricals where manufacturer policy applies.

7.8 Warranties on Goods. Unless stated otherwise, goods are covered solely by the manufacturer’s warranty, if any. Standby is not the manufacturer and does not provide additional product warranties.

 

8) Data, Reports, and Analytics

 

8.1 Your Data. You retain ownership of data you upload (e.g., stock, fuel logs, maintenance records, vendor bills). You grant Standby a worldwide, non‑exclusive license to host, process, and use such data solely to provide and improve the App and as permitted by law and our Privacy Policy.

8.2 Reports & Predictions. Dashboards, forecasts, and analytics (including any AI‑assisted insights) are informational tools. Outputs may be inaccurate or incomplete and should not be the sole basis for operational, safety, or financial decisions. You remain responsible for verifying outputs and complying with laws, OEM manuals, and safety norms.

8.3 Backups & Retention. We follow reasonable industry practices for data security and backup. However, you are responsible for maintaining your own copies/exports. We may delete or archive data after subscription expiry or as per our retention policy.

 

9) Privacy

 

9.1 Our Privacy Policy describes how we collect, use, and safeguard personal information. By using the App, you consent to our data practices per the Privacy Policy.

9.2 You agree to obtain any necessary consents from your personnel whose data you upload and to process such data in compliance with applicable laws.

 

10) Third‑Party Services & Links

 

The App may link to third‑party sites/services (payments, logistics, lenders, analytics). We are not responsible for third‑party content, terms, or practices. Your use of third‑party services is at your own risk and subject to their terms.

 

11) Intellectual Property

 

11.1 The App, including software, UI, databases, content, and trademarks, is owned by Standby or its licensors and is protected by IP laws. No rights are granted except as expressly stated.

11.2 You agree that suggestions/feedback may be used by Standby without obligation or restriction.

 

12) Compliance & Prohibited Use

 

You will comply with all applicable laws, including mining/industrial safety rules, anti‑corruption, export controls, and sanctions. You will not use the App to procure or facilitate illegal or regulated items without required licenses/permits.

 

13) Service Availability & Support

 

13.1 We strive for reasonable uptime but do not guarantee uninterrupted service. The App may be unavailable due to maintenance, upgrades, outages, or events beyond our control.

13.2 Support is provided as per your Plan and during published support hours. Response times are targets, not guarantees.

 

14) Suspension & Termination

 

14.1 We may suspend or terminate access with notice if you: (a) breach these Terms; (b) fail to pay fees; (c) engage in fraud, security risk, or unlawful acts; or (d) misuse the App.

14.2 You may terminate by cancelling your subscription at the end of the current paid term. On termination, your license ceases and we may disable access. Certain sections (e.g., IP, disclaimers, liability, indemnity, dispute resolution) survive termination.

 

15) Disclaimers

 

15.1 “AS IS.” The App and all content are provided “as is” and “as available” without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, accuracy, or non‑infringement.

15.2 Industrial Use Risk. Standby is not responsible for operational outcomes, safety incidents, plant halts, or losses arising from reliance on App outputs, delays, or data errors. You remain solely responsible for inputs in app, operations, procurement decisions, and workplace safety.

15.3 Goods. Except as required by law or expressly stated, Standby disclaims all warranties for goods sold via the App; manufacturer warranties (if any) apply.

 

16) Limitation of Liability

 

To the maximum extent permitted by law, Standby and its directors, officers, employees, and affiliates are not liable for any indirect, incidental, consequential, special, exemplary, or punitive damages; loss of profits, revenue, business, data, or goodwill; or procurement of substitute goods/services, even if advised of the possibility.

Standby’s aggregate liability for all claims arising under these Terms will not exceed the total fees paid by you to Standby for the App in the twelve (12) months preceding the event giving rise to liability, or ₹50,000, whichever is lower.

 

17) Indemnity

 

You agree to indemnify, defend, and hold harmless Standby from any claims, damages, liabilities, penalties, costs, and expenses (including reasonable legal fees) arising out of or related to: (a) your misuse of the App; (b) your data or content; (c) your breach of these Terms or applicable law; or (d) product use/installation not in accordance with OEM guidance.

 

18) Changes to the App or Terms

 

We may update the App, features, or these Terms at any time. Changes become effective upon posting in the App or on our website or upon notice to you. Continued use after changes indicates acceptance.

 

19) Confidentiality

 

Any non‑public information disclosed by Standby (including roadmaps, pricing not publicly listed, and non‑public documentation) is Standby’s confidential information. You will use it solely to use the App and will protect it from unauthorized disclosure.

 

20) Force Majeure

 

Standby will not be liable for delays or failures due to events beyond its reasonable control, including acts of God, natural disasters, epidemics, war, labor disputes, power/telecom failures, or government actions.

 

21) Notices

 

Notices may be provided via in‑app notifications, email to your registered email ID, or postal mail to your address on file. You may send notices to info@standby.market (or such other address we specify).

 

22) Assignment

 

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.

 

23) Severability; Waiver

 

If any provision is held unenforceable, it will be enforced to the maximum extent permissible and the remaining provisions will remain in effect. Failure to enforce a provision is not a waiver.

 

24) Governing Law & Dispute Resolution

 

24.1 These Terms are governed by the laws of India, without regard to conflict‑of‑law principles.

24.2 Any disputes will be resolved by arbitration under the Arbitration and Conciliation Act, 1996, by a sole arbitrator appointed by mutual consent (or in accordance with the Act). The seat and venue of arbitration will be Udham Singh Nagar, Uttarakhand and the award will be final and binding.

24.3 Subject to arbitration, the courts at Udham Singh Nagar, Uttarakhand will have exclusive jurisdiction for injunctive or interim relief.

 

25) Entire Agreement

 

These Terms, together with any order forms, in‑app purchase terms, Return Policy, and Privacy Policy, constitute the entire agreement between you and Standby regarding the App and supersede all prior understandings.

 

26) Contact

 

Array Standby Market Pvt. Ltd.

D1 D2 Pragati Vihar, Janta inter college road, Rudrapur, Uttarakhand, India

Support: +91‑9837659990 | Email: info@standby.market


 

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