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