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Terms and conditions

General

Welcome to StellKey! StellKey websites and mobile applications (together the “Service”) are operated by Vaqstar Sas, located at 6 rue D’Armaillé, 75017 Paris, France. By accessing or using our Service, you represent that you have read, understood, and agree to be bound by these Terms and Conditions of Service (“Terms and Conditions”) including any future modifications.

 

Description of our Services

The Service allows users to access and use educational services, including building good habits and routines. Vaqstar may, in its sole discretion and at any time, update, change, suspend, make improvements to or discontinue the Service, temporarily or permanently. Using our Service does not give you ownership of any intellectual property rights in our Service or the content you access. These terms do not grant you the right to use any branding or logos used in our Service.

 

Your Account

You need a StellKey account in order to use our Service. To protect your StellKey account, keep your password confidential. You are responsible for the activity on your account. If you are using our Service on behalf of a business, that business accepts these terms and conditions. It will hold harmless and indemnify Vaqstar and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Service or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.

 

Data and Privacy

Use of the Service is also governed by our Privacy Policy, a copy of which is located at stellkey.com/privacy. By using the Service, you consent to the terms of the Privacy Policy.

 

Your Representations and Warranties

You represent and warrant to Vaqstar that your access and use of the Service will be in accordance with these Terms and Conditions and with all applicable laws and regulations of the United States, France and your local jurisdiction.

 

Software Licence

Subject to the terms of these Terms and Conditions, Vaqstar grants you a personal non-transferable, non-exclusive license to use the software provided to you as part of the Service. You may not derive or attempt to derive the source code of all or any portion of any App, or reverse engineer, de compile, disassemble, or translate any App or any part thereof.

 

In-App Purchases

If you purchase an auto-renewing periodic subscription through the Service, your StellKey account will be billed continuously for the subscription until you terminate it as set forth below. After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically renew for an additional equivalent period. If you do not wish your subscription to renew automatically, or if you want to change or terminate your subscription, you will need to log in to your StellKey account and follow instructions to terminate or change your subscription, even if you have deleted your account. If you opt for the Lifetime payment, you will only be billed once when you subscribe.

 

Refund Policy

In the event that Vaqstar suspends or terminates your use of the Service under these Terms and Conditions or you close your account voluntarily, you understand and agree that you will receive no refund or exchange of any kind, any data associated with your use of the Service, or for anything else.

 

NO REPRESENTATIONS OR WARRANTIES BY VAQSTAR

UNLESS EXPRESSLY SET OUT IN THESE TERMS AND CONDITIONS, NEITHER VAQSTAR NOR ITS AFFILIATES OR SUPPLIERS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICE. VAQSTAR DOES NOT MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND RELATING TO ACCURACY, SERVICE AVAILABILITY, COMPLETENESS, INFORMATIONAL CONTENT, ERROR-FREE OPERATION, RESULTS TO BE OBTAINED FROM USE, OR NON-INFRINGEMENT. THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS” BASIS. ACCESS AND USE OF THE SERVICES MAY BE UNAVAILABLE DURING SOME PERIODS FOR TECHNICAL OR OTHER REASONS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICE AND ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. TO EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.

 

LIMITATION ON TYPES OF DAMAGES/LIMITATION OF LIABILITY

WHEN PERMITTED BY LAW, VAQSTAR, AND ITS AFFILIATES AND SUPPLIERS WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES. VAQSTAR, ITS AFFILIATES AND SUPPLIERS TOTAL LIABILITY TO YOU IS LIMITED TO THE AMOUNT PAID BY YOU TO VAQSTAR FOR THE SERVICE IN THE 12 MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY. THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT.

 

Termination

You may terminate your StellKey account at any time by following the instructions available through the Service. VAQSTAR may terminate your access and use of the Service immediately at any time, for any reason, and at such time, you will have no further right to use the Service.

 

Trademarks

“StellKey” and all other trademarks, graphics and logos are trademarks of Vaqstar and certain of them are registered. Access and use of the Service does not grant or provide you with any proprietary rights in our Service or the content you access.

 

About these terms and conditions

Vaqstar may amend, update or change these Terms and Conditions. If we do this, we will post a notice that we have made changes to these Terms and Conditions on the Websites and will indicate at the bottom of the Terms and Conditions the date these terms were last revised. Any revisions to these Terms and Conditions will become effective 7 days after posted. If you do not agree to abide by these Terms and Conditions, you are not authorized to use, access or participate in the Service.

 

MISCELLANEOUS PROVISIONS

PLEASE BE AWARE THAT THESE GENERAL TERMS AND CONDITIONS ARE GOVERNED BY FRENCH LAW. THIS MEANS THAT YOUR USE OF THE SERVICE AND ANY DISPUTE OR CLAIM RELATING THERETO WILL BE GOVERNED BY FRENCH LAW UNLESS CERTAIN PROVISIONS APPLICABLE IN YOUR COUNTRY OF RESIDENCE ARE MANDATORY, WHEN THEY ARE MORE FAVOURABLE TO THE CONSUMER. YOU AND WE AGREE THAT THE PARIS JUDICIAL COURT (TRIBUNAL JUDICIAIRE DE PARIS) WILL HAVE EXCLUSIVE JURISDICTION IF YOUR RESIDENCE IS LOCATED IN FRANCE.

 

Last revised on 30 November 2021