Terms of Service

These Terms of Service (“Terms”) govern the use of Stellant’s platform, services, and solutions. Please read them carefully before using Stellant.

1. Introduction

1.1 Stellant Inc., with its registered office in Honolulu, Hawaii, United States, provides technology consulting, digital transformation services, and platform solutions (hereinafter, the “Stellant Services”).

1.2 The Stellant Services are offered as a combination of cloud-based solutions, professional services, and consulting, accessible via web applications and other digital tools, designed to support companies in streamlining operations, scaling effectively, and leveraging technology for growth.

1.3 These Terms apply to business entities, organizations, and their authorized employees or representatives (hereinafter collectively “Customers”). The Terms do not apply to consumers acting in a personal capacity.

2. Definitions

2.1 Customer – The legal entity or organization entering into a contract with Stellant for use of the Services.

2.2 User – A natural person authorized by the Customer to access and use Stellant Services.

2.3 Services – The hosted platforms, consulting engagements, integrations, and digital transformation services provided by Stellant, including all updates, improvements, and related support.

2.4 Subscription/Engagement – The paid license or agreement for access to Stellant’s platform features or consulting services according to the Customer’s selected plan or contract.

2.5 Support Services – Technical support, onboarding, and consulting assistance provided by Stellant.

3. Scope of Application

3.1 These Terms govern all contractual relationships between Customers and Stellant concerning the use of Services.

3.2 Deviating or conflicting general terms of the Customer shall not apply, unless expressly agreed to in writing by Stellant.

3.3 Individual written agreements between Stellant and the Customer take precedence over these Terms.

4. Subject of the Contract

4.1 Stellant grants Customers access to the Services on a subscription or engagement basis. The Customer receives a non-exclusive, time-limited right to use Stellant’s platforms or consulting services in accordance with these Terms.

4.2 Stellant continuously improves and updates its platforms and methodologies. Customers are entitled to access the most recent versions available at any given time.

4.3 No transfer of source code or backend infrastructure takes place. Stellant’s platforms are provided solely as hosted and managed services.

5. Services of Stellant

5.1 Hosting & Availability – Stellant operates and maintains its platforms with commercially reasonable efforts to ensure high availability. Planned maintenance will be announced in advance where possible.

5.2 Updates & Development – Stellant regularly updates its technology solutions with enhancements, bug fixes, and security improvements. Stellant reserves the right to add, change, or remove features, provided the overall value of the service is maintained.

5.3 Support – Stellant provides Customers with access to support services during normal business hours via email or ticketing system.

5.4 Exclusions – Stellant does not provide accounting, tax, or legal advice. Customers are solely responsible for compliance with industry-specific regulations.

6. Fees and Payment

6.1 Fees are specified in the Customer’s order, proposal, or chosen plan and are billed in advance on a monthly, annual, or project basis.

6.2 All fees are exclusive of applicable taxes unless stated otherwise.

6.3 Payments must be made via accepted payment methods (e.g., credit card, ACH, or invoicing as agreed).

6.4 Failure to pay fees may result in suspension or termination of access to Services.

6.5 Stellant reserves the right to adjust fees with 30 days’ notice prior to renewal.

7. Grant of Rights

7.1 Customers are granted a non-transferable, non-sublicensable right to access and use Stellant Services during the subscription or engagement term.

7.2 Customers may not:

• Copy, modify, or reverse-engineer any software.

• Rent, sell, or sublicense access to third parties.

• Use Stellant Services for unlawful purposes.

  
  7.3 All intellectual property rights in Stellant’s platforms, designs, and methodologies remain with Stellant.

  
  

8. Customer Obligations

8.1 Customers are responsible for ensuring that only authorized Users access Stellant’s Services.

8.2 Customers shall maintain accurate account information and safeguard login credentials.

8.3 Customers must comply with all applicable laws and may not use Stellant Services for fraudulent, illegal, or harmful activities.

8.4 Customers are encouraged to maintain their own backups of any data stored via Stellant’s platforms.

9. Term and Termination

9.1 Subscriptions or engagements begin on the effective date specified in the order confirmation or contract.

9.2 Subscriptions renew automatically unless terminated at least 30 days before the end of the billing period.

9.3 Either party may terminate the agreement for good cause, including material breach or insolvency.

9.4 Upon termination, Customer access will be deactivated. Customer data may be retained for a limited period to allow export, after which it will be permanently deleted.

10. Data Protection and Confidentiality

10.1 Stellant processes personal data in compliance with applicable data protection laws.

10.2 A separate Data Processing Agreement may apply if Stellant acts as a processor on behalf of the Customer.

10.3 Both parties agree to treat confidential information disclosed during the contractual relationship as strictly confidential.

11. Liability

11.1 Stellant provides its Services “as is” and disclaims all warranties to the maximum extent permitted by law.

11.2 Stellant shall not be liable for indirect or consequential damages such as lost profits or data loss.

11.3 Stellant’s aggregate liability in any 12-month period shall not exceed the total fees paid by the Customer in that period.

11.4 Nothing in these Terms limits liability for gross negligence, willful misconduct, or injury to life, body, or health.

12. Amendments to Terms

12.1 Stellant may amend these Terms to reflect changes in law, technology, or services.

12.2 Material changes will be communicated to Customers at least 30 days before taking effect.

12.3 Continued use of Stellant Services after changes take effect constitutes acceptance of the revised Terms.

13. Final Provisions

13.1 These Terms are governed by the laws of the Honolulu, Hawaii, United States, without regard to conflict of law principles.

13.2 The exclusive jurisdiction for disputes is Honolulu, Hawaii, United States, unless otherwise required by law.

13.3 If any provision of these Terms is invalid, the remaining provisions remain in force.

13.4 Customers may not assign or transfer rights or obligations under these Terms without prior written consent from Stellant.