TERMS OF USE

Use of Materials

Any information or materials that are made available on the Sites or otherwise provided to you (“Materials”) is the copyrighted work of the Company and/or its licensors (if any). You must retain all copyright and other proprietary notices contained in the original Materials on any copies of the Materials. Furthermore, your right to download and/or use the Materials will be subject to these Terms. Any use, reproduction or redistribution of the Materials not in accordance with these Terms is prohibited.

The origins of such Materials may be internal or external to the Company. While any third-party Materials are believed to be reliable, such third-party Materials has not been independently authenticated, tested or verified in whole or in part by the Company. All Materials provided on the Sites, including any material from third parties, is provided “as is, ”and the Company makes no express or implied claims, representations or warranties as to its accuracy, validity or veracity. The Company shall not be liable, in any way, for your use of these Materials, any results that may occur from such use, or any consequences from decisions made in reliance on these Materials.

Limitation of Use

Unless otherwise specified in the Terms, the Services and Materials are for your personal and non-commercial use.

You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, products or services obtained from the Services or Materials. If you breach any of these Terms, your authorization to use the Sites automatically terminates and you must immediately destroy any materials in your possession obtained from the Sites (including Materials requested pursuant to the Sites and sent by the Company via email or post).

Updates and/or Changes to the Sites

The Services and/or Materials may contain technicalinaccuracies or typographical errors. Unless otherwise specified in the Terms,the Services and/or Materials may be updated, modified or deleted at any timewithout notice.

Confidentiality

You may obtain direct access via the Sites to certain confidential information of the Company and/or its suppliers/licensors, including without limitation technical, contractual, product, program, pricing, marketing and other valuable information that should reasonably be understood as confidential (“Confidential Information”). You must hold Confidential Information in strict confidence. Title to Confidential Information remains with Company and/or its suppliers/licensors.

Your obligations regarding Confidential Information expire five (5) years after the date of disclosure. Upon termination of the Terms or Company’s written request, You must cease use of Confidential Information and return or destroy it.

The Terms impose no obligation upon You with respect to Confidential Information that You can establish by legally sufficient evidence: (a) You possessed prior to Your receipt from the Company, without an obligation to maintain its confidentiality; (b) is or becomes generally known to the public through no act or omission by You, or otherwise without violation of the Terms; (c) You obtained from a third party who had the right to disclose it, without an obligation to keep such information confidential; (d) You independently developed without the use of Confidential Information and without the participation of individuals who have had access to it, or (e) in response to a valid order by a court or other governmental body, as otherwise required by law, or as necessary to establish the rights of either party under these Terms and as disclosed after prior notice to the Company adequate to afford the Company the opportunity to object to the disclosure.

Policy on Privacy

Please review the Company’s privacy policy at https://www.temperstack.com/privacy-policy(“Privacy Policy”) and the disclosures therein relating to the collection and use of your information. By using the Sites, you are consenting to the processing of your data by the Company and consenting to our Privacy Policy.

User Information

When using the Sites, you agree to be responsible for providing accurate and complete information about yourself (“Your Data”)and updating Your Data to keep it current. You are entirely responsible for maintaining the confidentiality of your password and account (if any) for using the Sites. At our sole discretion, we may terminate the access rights of users who may have provided inaccurate or incomplete information.

No Security or Network Violations

You may not access or use the Services, Materials or the Sites to violate the security or integrity of any network, computer or communications system, software application, or computing device. This includes, without limitation, attempting to obtain, or obtaining, unauthorized access to any of the foregoing, attempting to probe, scan, or test the vulnerability of a system or its security or authentication measures, interception of data or traffic. We may report any activity that we suspect violates any law or regulation to appropriate law enforcement agencies, regulators, or other appropriate third parties. Our reporting may include disclosing confidential information to the extent we deem it necessary to comply with applicable law. We also may cooperate with applicable law enforcement agencies, regulators, or other appropriate third parties to help with the investigation and prosecution of illegal conduct by providing network and systems information related to alleged violations of these Terms.

Materials Provided to Company or Posted at the Sites

Company does not claim ownership of the materials you may provide to the Company (including feedback and suggestions) (each a “Submission” and collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting (“Posting”) your Submission, you are granting the Company, its affiliated companies and necessary sublicensees anon-exclusive, royalty-free, worldwide license to use your Submission in connection with the operation of their businesses (including, without limitation, all the Services made available or explained on the Sites),including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; to publish your name in connection with your Submission; and the right to sublicense such rights to any supplier of the Services.

No compensation will be paid with respect to the use of your Submission, as provided herein. Company is under no obligation to post or use any Submission you may provide and the Company may remove any Submission at any time in its sole discretion.

By Posting a Submission, you warrant and represent that you own or otherwise control all of the rights to your Submission as described in these Terms including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions. You further represent that the information you submit is not confidential.

Links To Third Party Web Sites/Content

The Sites may contain links to third party web sites or content, which are provided solely as a convenience to you. If you use these links, you will leave the Sites. We have not reviewed these third-party sites and do not control and are not responsible for any of these sites or their content. We do not endorse or make any representations about them, or any information, software or other products or materials found there, or any results that may be obtained from using them.

If you decide to access any of the third-party sites linked to the Sites, you do this entirely at your own risk.

Disclaimers/Warranty

ALL MATERIALS AND SERVICES PROVIDED AT THE SITES AREPROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY, FOR ITSELF AND ONBEHALF OF ITS SUBSIDIARIES AND AFFILIATES (IF ANY), AND THEIR RESPECTIVELICENSORS (IF ANY) AND SUPPLIERS, DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS,REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING WARRANTIES OFMERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENTOF INTELLECTUAL PROPERTY. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION ORLIMITATION OF IMPLIED WARRANTIES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOTAPPLY TO YOU. Neither Company, nor its subsidiaries and affiliates (if any) and their respective licensors (if any) and suppliers, warrant the accuracy, completeness or quality of any of the Materials or Services.

Limitation of Liability

TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NOEVENT WILL THE COMPANY, ITS SUBSIDIARIES OR AFFILIATES (IF ANY) OR THEIRRESPECTIVE LICENSORS (IF ANY), OR ITS SUPPLIERS, OR OTHER THIRD PARTIESMENTIONED AT THE SITES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO,DAMAGES FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION ARISING OUT OFTHE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SITES, ANY WEB SITES LINKEDTO THE SITES, OR THE MATERIALS OR SERVICES CONTAINED AT ANY OR ALL SUCH SITES, WHETHERBASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOTADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS ORSERVICES FROM THE SITES RESULTS IN THE NEED FOR CORRECTION OF DATA, YOU ASSUMEALL COSTS THEREOF. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OFINCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAYNOT APPLY TO YOU.

Indemnity

You agree to indemnify and hold Company and its subsidiaries and affiliates (if any), shareholders, officers, directors, agents, licensors, suppliers, other partners, employees and representatives harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Your Submission, Your use of or connection to the Sites (including any use by You on behalf of Your employer), or Your violation of the Terms.

Governing Law and Jurisdiction

These Terms shall be governed and construed in accordance with the laws of India. In the event of a dispute arising out of or relating to these terms and conditions, or your use of or access to the Sites, courts of Bangalore, India shall have jurisdiction over such disputes.

Waiver

The failure of Company to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. If a court of competent jurisdiction finds any provision of the Terms to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Trademarks

“Company Trademarks” means all names, marks, brands, logos, designs, trade dress, slogans and other designations Company uses in connection with its products and services. You may not remove or alter any Company Trademarks, or co-brand your own products or material with Company Trademarks, without Company’s prior written consent. You acknowledge Company’s rights in Company Trademarks and agree that any use of Company Trademarks by You shall inure to Company’s sole benefit. You agree not to incorporate any Company Trademarks into Your trade marks, service marks, company names, Internet addresses, domain names, or any other similar designations, for use on or in connection with computer or Internet-related products, services or technologies.

General

Company may update these terms at any time withoutnotice by updating this posting. You should visit this page from time to timeto review the then-current Terms because they are binding on You. If You havecomments or questions about these Terms or our Privacy Policy, please ContactUs. We will address any issue to the best of our ability.