Terms Of Service

Welcome to www.cmst.xyz. These Terms of Service contain the terms and conditions that govern all use of our Platform (as defined below) and Services (as defined below) and all content, services and/or products available on or through the Platform (collectively, the “CMST Services”).

The CMST Services are offered to you subject to your acceptance, without modification, of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, our Privacy Policy at www.cmst.xyz/privacy), and any future modifications thereof, and procedures that may be published from time to time on the Platform or made available to you on or through the CMST Services (collectively, the “Terms”). These Terms are between Susankya Tech Pvt. Ltd. (Kupondole, Lalitpur, Nepal) (“CMST”, “us”, “we” or “our”) and you, either individually, or on behalf of your employer or any other entity which you represent (“you” or “your”). When accepted by you, these Terms form a legally binding contract between you and us. If you are entering into these Terms on behalf of an entity, such as your employer or the company you work for, you represent that you have the legal authority to bind that entity.

PLEASE READ THESE TERMS CAREFULLY. BY REGISTERING FOR, ACCESSING, BROWSING, AND/OR OTHERWISE USING THE CMST SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, DO NOT ACCESS, BROWSE OR OTHERWISE USE THE PLATFORM OR THE CMST SERVICES.

  1. Definitions
    In these Terms of Service, unless stated otherwise, the following words and phrases shall have the meanings assigned to them here under:
    “Account” means an account on the Platform which is the primary means to access the CMST Services;
    “Customer” means the legal person who has created an Account and accepted these Terms of Service;
    “Platform” means the CMST application;
    “Services” means the website, content, any form of service, and products made available through the Platform.
  2. Our Service
    1. Our Service
      The CMST platform is a cloud-based graphical interface work management utility that lets a company manage and organize their data.
    2. Modification to Terms
      CMST reserves the right, at its sole discretion and without further notice, to change, modify, add, or remove portions of the Terms at any time by posting such changes on or through the Platform or the CMST Services, however, if there is any substantial change in the core functionality of the Platform, then you will be notified through an announcement on the Platform or by an email.
    3. Authority to Enter into the Terms
      If you, access and use the CMST Services, you represent and warrant that you are:
      1. at least 18 years old, and
      2. at least 18 years old, and you represent a valid incorporated legal entity that is able to use the CMST services.

      You may not, without our prior written consent, access the CMST Services (i) for production purposes, (ii) if you are a competitor of CMST, (iii) to monitor the availability, performance or functionality of the CMST Services.
  3. Fees, Payment and Subscription
    The platform is provided on a subscription basis which has a fixed duration (the “Subscription Term”) depending on the subscription plan (the “Subscription Plan”, or the “Plan”) chosen by you when registering an account.
    1. Fees
      The use of the CMST Services is subject to a payment amount determined by the Plan selected upon account registration, except for the Free Plan. Unless otherwise stated, the fees are shown in US Dollars, except for the users of Nepal who are shown the fees in Nepali Rupee. The mentioned fee is non-refundable and non-cancelable meaning there are no refunds for partial usage, terminated usage or no usage at all of the CMST Services. All Fees are exclusive of taxes under any applicable law unless otherwise explicitly mentioned.
    2. Free Plan
      You can use the CMST Services for free without paying a Fee by choosing the Free Plan when registering an account. The Free Plan doesn’t give you access to all of the CMST Services but you can upgrade to another plan.
    3. Billing
      If you purchase a plan that requires a Fee, then you agree to provide us with accurate and valid billing information, and you authorize us to charge and collect required payment from your payment method. You agree that your payment method will be charged automatically for recurring payment of the Subscription Plan prior to the end of the Subscription Term in order to ensure an uninterrupted use of the CMST Services. For users of Nepal, the automatic renewal may not be available and they must manually pay for their subscription prior to its expiration.
  4. Customer Data
    1. Customer Data
      If you upload Customer Data to the Platform, such Customer Data and any processing of such Customer Data must be in compliance with these Terms. You retain all right, title, interest and control, in and to the Customer Data, in the form submitted to the Service. By uploading Customer Data to the Platform, you authorize us to process the Customer Data. You understand that all information contained in Customer Data is the sole responsibility of the person from whom such Customer Data originated.
      You represent and warrant that:
      1. you have or have obtained the necessary rights and/or licenses, for any Customer Data that you submit, post or display on or through the Platform
      2. the Customer Data that you submit, or your use of the Customer Data shall not violate any applicable local, federal, or international laws of your country and the country where the Platform is legally incorporated.

      We assume no responsibility or liability for Customer Data, and you shall be entirely and solely responsible for Customer Data and the consequences of uploading, disclosing, or transmitting it. It is hereby clarified that CMST shall not monitor and/or moderate the Customer Data and there shall be no claim against CMST of not acting so.
    2. Storage of Customer Data
      We use third party hosting and cloud service vendors and providers for the necessary infrastructure and technology required to run the Platform and store all of the Customer Data. Such storage of the Customer Data is done in a secured and encrypted way following all standard protocols to prevent any unauthorized access of the Customer Data.
  5. Privacy and Security
    1. Privacy Policy
      The Privacy Policy of the Platform describes what type of information we may collect, access from you. Please read our Privacy Policy for more details. Should you have any inquiries about the Privacy Policy, you can address them to support@cmst.xyz.
    2. Analytics Information
      We may collect, use and publish Analytics Information for the purpose of providing details about our services. Analytics Information is not a part of the Customer Data and it is collected as aggregated information from all the users of the Platform.
    3. Security
      We implement industry standard security methods and protocols to ensure your Customer Data is protected. To enable a secure experience on the Platform, we make use of necessary services provided by the Amazon Web Services, a cloud services provider.
  6. Intellectual Property Rights
    1. Intellectual Property Rights
      All materials contained on or within the Platform and through the CMST Services, including, but not limited to, text, graphics, images, code, illustrations, designs, icons, photographs, video clips, and written and other materials (collectively, "CMST Materials"), are the property of CMST and are protected by applicable copyright and intellectual property laws. You agree that you will not copy, reproduce, republish, frame, download, transmit, modify, display, reverse engineer, sell, or participate in any sale of, rent, lease, loan, assign, distribute, license, sublicense, or exploit in any way, in whole or in part, CMST Materials or CMST Services except as expressly stated in these Terms. As between you and CMST, CMST retains all right, title and interest, including all intellectual property rights, in and to the CMST Materials.
  7. Termination
    1. Termination
      We may terminate these terms and your use of the Platform and the CMST Services at any time if you’re found in a material breach of any of these Terms. Your account may be terminated due to several other reasons, including, but not limited to: (a) failure to pay Fee of subscription within 30 days after its due date, and (b) the legal entity you represent ceases to exist.
    2. Effects of Termination
      Upon Termination or Expiration of these Terms, all rights granted to the Customer under these Terms shall be terminated, and the Customer will no longer have access to their Account. Any Customer Data belonging to the Customer will be deleted within sixty (60) days of termination or expiration of the Subscription Term. It is the Customer's sole liability to export the Customer Data prior to such termination or expiration and therefore we shall not have any liability to the Customer or to any other entity.
    3. Suspension
      We have the right to temporarily restrict or disable Customer’s access to their Account at any time for any reason at our sole discretion.
  8. Warranty Disclaimer
    The Platform and the CMST Services are provided to you on an “as is” basis without any warranties or representations from us of any kind either express or implied.
  9. Limitation of Liability
    UNDER NO CIRCUMSTANCES WILL CMST BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) CMST SERVICES; (B) THE PLATFORM; (C) CUSTOMER DATA; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICE; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY CMST OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER ENTITY’S USE OF THE SERVICE; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE SERVICE'S OPERATION; OR (H) ANY DAMAGE TO ANY USER'S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF CMST HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICE). IN NO EVENT WILL CMST BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. IN NO EVENT WILL CMST’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED NEPALI RUPEES TEN THOUSAND (NPR 10,000.00).

    YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES, OR INJURIES THAT ARISE OUT OF OUR ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, SERVICE, PROPERTY, PRODUCT, OR OTHER CONTENT OWNED OR CONTROLLED BY CMST, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION, OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY CMST.
  10. Indemnity
    You agree to defend, indemnify and hold harmless CMST and its affiliates, and their respective directors, officers, employees and agents, from any claims, losses, damages, liabilities, including attorney’s fees, arising out of your use or misuse of the CMST Services, representations made to CMST, its affiliates and/or third parties, violation of these Terms, violation of the rights of any other person or entity, or any breach of the foregoing representations, warranties, and covenants.
  11. Applicable Laws
    THESE TERMS AND ANY ACTION RELATED THERETO SHALL BE GOVERNED, CONSTRUED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF NEPAL. EACH PARTY AGREES THAT ANY LEGAL ACTION, PROCEEDING, CONTROVERSY OR CLAIM BETWEEN THE PARTIES ARISING OUT OF OR RELATING TO THIS AGREEMENT MAY BE BROUGHT AND PROSECUTED ONLY IN A COURT OF LAW IN KATHMANDU, NEPAL, AND BY EXECUTION OF THIS AGREEMENT EACH PARTY HERETO SUBMITS TO THE EXCLUSIVE JURISDICTION OF SUCH COURT AND WAIVES ANY OBJECTION IT MIGHT HAVE BASED UPON IMPROPER VENUE OR INCONVENIENT FORUM.
  12. No Waiver
    Failure of either Party to exercise or enforce any provision of or any of its rights under these Terms shall not be deemed a waiver of future enforcement of that or any other provision or right.