RadicalStart InfoLab Pvt Ltd - Terms and Conditions

1. Preamble

This Agreement governs the relationship between Buyer, a Business Entity, (hereinafter: Licensee), and RadicalStart, a private company whose principal place of business is MIG-341, 6th floor, 80 Feet Rd, Anna Nagar, Sathamangalam, Madurai, Tamil Nadu 625020 (hereinafter: Licensor). This agreement sets the terms, rights, restrictions, and obligations on using RadicalStart Products (hereinafter: The Software) created and owned by the Licensor, as detailed herein.

2. License Grant

Licensor hereby grants Licensee a Personal, Non-assignable & non-transferable, Perpetual, Commercial, Royalty free, Including the rights to create but not distribute derivative works, Non-exclusive license, all in accordance with the terms set forth and other legal restrictions set forth in 3rd party software used while running Software.

2.1. Limited: Licensee may use Software for the purpose of:

2.1.1. Running Software on Licensee’s Website[s] and Server[s];

2.1.2. Allowing 3rd Parties to run Software on Licensee’s Website[s] and Server[s];

2.1.3. Publishing Software’s output to Licensee and 3rd Parties;

2.1.4. Distribute verbatim copies of the software’s output (including compiled binaries);

2.1.5. Modify Software to suit Licensee’s needs and specifications.

2.2. This license is granted perpetually, as long as you do not materially breach it.

2.3. Binary Restricted: The Licensee may sublicense Software as a part of a larger work containing more than Software, distributed solely in Object or Binary form under a personal, non-sublicensable, limited license. Such redistribution shall be limited to unlimited codebases.

2.4. Non-assignable & Non-transferable: The licensee will get 100% ownership of buying our product. Your business can be acquired or expanded, but you don't hold the right to resell our product.

2.5. Commercial, Royalty Free: Licensee may use Software for any purpose, including paid services, without any royalties.

2.6. Including the Right to Create Derivative Works: Licensee may create derivative works based on Software, including amending Software's source code, modifying it, integrating it into a larger work, or removing portions of Software, as long as no distribution of the derivative works is made

3. Term & Termination

The Term of this license shall be until terminated. Licensor may terminate this Agreement, including Licensee’s license in the case where Licensee:

3.1. Became insolvent or otherwise entered into any liquidation process; or

3.2. Exported The Software to any jurisdiction where the licensor may not enforce his rights under this agreement; or

3.3. Licensee was in breach of any of this license’s terms and conditions and such breach was not cured, immediately upon notification; or

3.4. Licensee in breach of any of the terms of clause 2 to this license; or

3.5. The licensee otherwise entered into any arrangement that caused the Licensor to be unable to enforce his rights under this License.

4. Payment

In consideration of the License granted under clause 2, the Licensee shall pay the Licensor a fee, via Bank wire transfer or any other means which the Licensor may deem adequate. Failure to perform payment shall be construed as a material breach of this Agreement.

5. Upgrades, Updates and Fixes

Licensor may provide Licensee, from time to time, with Upgrades, Updates or Fixes, as detailed herein and according to his sole discretion. Licensee hereby warrants to keep The Software up-to-date and install all relevant updates and fixes, and may, at his sole discretion, purchase upgrades, according to the rates set by Licensor. Licensor shall provide any update or Fix free of charge; however, nothing in this Agreement shall require Licensor to provide Updates or Fixes.

5.1. Upgrades: for the purpose of this license, an Upgrade shall be a material amendment in The Software, which contains new features and or major performance improvements and shall be marked as a new version number. For example, should the Licensee purchase The Software under version 1.X.X, an upgrade shall commence under number 2.0.0.

5.2. Updates: for the purpose of this license, an update shall be a minor amendment in The Software, which may contain new features or minor improvements and shall be marked as a new sub-version number. For example, should the Licensee purchase The Software under version 1.1.X, an upgrade shall commence under number 1.2.0.

5.3. Fix: for the purpose of this license, a fix shall be a minor amendment in The software, intended to remove bugs or alter minor features that impair the software's functionality. A fix shall be marked as a new sub-subversion number. For example, should the Licensee purchase Software under version 1.1.1, an upgrade shall commence under number 1.1.2.

6. Support

6.1. Bug Notification: The Licensee may provide the Licensor with details regarding any bug, defect, or failure in The Software promptly and with no delay from such event; the Licensee shall comply with the Licensor's request for information regarding bugs, defects, or failures and furnish him with information, screenshots and try to reproduce such bugs, defects or failures.

6.2. Feature Request: Licensee may request additional features in Software, provided, however, that

6.2.1. The Licensee shall waive any claim or right in such feature should the feature be developed by the Licensor;

6.2.2. The Licensee shall be prohibited from developing the feature, or disclosing such feature request, or feature, to any 3rd party directly competing with the Licensor or any 3rd party which may be, following the development of such feature, in direct competition with the Licensor;

6.2.3. Licensee warrants that the feature does not infringe any 3rd party patent, trademark, trade secret, or any other intellectual property right; and

6.2.4. The Licensee developed, envisioned, or created the feature solely by himself.

6.3. Technical support:

6.3.1. After the purchase, the licensee can connect with our technical support team via email only. They will not be available for calls.

6.3.2. It would take around 24 to 48 hours for our support team to respond during business days, based on the queue.

6.3.3. The Free technical support period will start from the date of the purchase.

7. Liability

To the extent permitted under Law, The Software is provided under an AS-IS basis. Licensor shall never, and without any limit, be liable for any damage, cost, expense, or any other payment incurred by Licensee as a result of Software’s actions, failure, bugs, and/or any other interaction between The Software and Licensee’s end-equipment, computers, other software or any 3rd party, end-equipment, computer or services. Moreover, the Licensor shall never be liable for any defect in source code written by the Licensee when relying on The Software or using The Software’s source code.

8. Warranty

8.1. Intellectual Property: Licensor hereby warrants that The Software does not violate or infringe any 3rd party claims in regards to intellectual property, patents, and/or trademarks and that to the best of its knowledge no legal action has been taken against it for any infringement or violation of any 3rd party intellectual property rights.

8.2. No-Warranty: The Software is provided without any warranty; Licensor hereby disclaims any warranty that The Software shall be error-free, without defects or code which may cause damage to Licensee’s computers or to Licensee, and that the Software shall be functional. The Licensee shall be solely liable for any damage, defect, or loss incurred as a result of operating software and undertake the risks contained in running The Software on the License’s Server[s] and Website[s].

8.3. Prior Inspection: The Licensee hereby states that he inspected The Software thoroughly and found it satisfactory and adequate to his needs, that it does not interfere with his regular operation, and that it does meet the standards and scope of his computer systems and architecture. The Licensee found that The Software interacts with his development, website, and server environment and that it does not infringe any of the End User License Agreement of any software the Licensee may use in performing his services. The Licensee hereby waives any claims regarding The Software’s incompatibility, performance, results, and features, and warrants that he inspected The Software.

8.4. All the brand names mentioned on our website like “Airbnb, Uber & UberEats“ are used only for marketing purposes and just to give you an idea about the products we offer. This doesn’t mean that we provide 100% replicas of the brands mentioned. Our products come with essential features to launch a Minimum Viable Product to test the market.

9. No Refunds

The Licensee warrants that he inspected The Software according to clause 7(c) and that it is adequate to his needs. Accordingly, as The Software is intangible goods, The Licensee shall not be, ever, entitled to any refund, rebate, compensation, or restitution for any reason whatsoever, even if The Software contains material flaws. Please read our Refund Policy.

10. Indemnification

The Licensee hereby warrants to hold the Licensor harmless and indemnify the Licensor for any lawsuit brought against it in regards to the Licensee’s use of The Software in means that violate, breach, or otherwise circumvent this license, Licensor’s intellectual property rights or Licensor’s title in The Software. Licensor shall promptly notify Licensee in case of such legal action and request Licensee’s consent prior to any settlement in relation to such lawsuit or claim.

11. Governing Law, Jurisdiction

Licensee hereby agrees not to initiate class-action lawsuits against Licensor in relation to this license and to compensate the Licensor for any legal fees, cost, or attorney fees should any claim brought by the Licensee against the Licensor be denied, in part or in full.