Terms of Service


Terms of Service

v.1 – Effective January 29, 2019

1. Your Agreement with Backbench

  1. This Software as a Service Agreement (“Agreement”) governs the use of Backbench Services (as defined hereafter) and sets out the terms of understanding between you, a user of the Backbench Services (“You” or “you”) and Backbench Internet Services Private Limited having its registered office at Nasscom Startup Warehouse, Lower Ground Floor, DD3, Diamond District, Domlur, Bangalore, Karnataka, India, 560008 (“Backbench” or “We” or “Us”). The “Backbench Services” means the services Backbench makes available through this website, including this website, the Backbench Platform, the Backbench API, the Backbench Framework, and any other software or services offered by Backbench in connection to any of those. If you want to use the Backbench Services, then you must agree to this Agreement. Once you first start using the Backbench Services, you will be deemed to have accepted and consented to be bound by the terms of this Agreement. You must be a human being (and not a bot or such other automated system) legally capable of entering in to a binding contract under the laws of the country and/or state to which you are subject to. If you are a non-individual (such as a company), then the person entering in to this Agreement must be duly authorized (by such non-individual entity) to enter in to it. If You are not legally capable of entering into a contract under the laws of country and/or state to which you are subject to, you cannot use the Backbench Services.
  2. By accepting this Agreement, you will be provided access to the Backbench Services. You agree your purchases of Backbench Services are not contingent on the delivery of any future functionality or features or dependent on any oral or written public comments made by Backbench or any of its affiliates regarding future functionality or features.
  3. Backbench may, at its sole discretion, amend this Agreement or any Additional Terms from time to time. Such amendments will be effective upon your acceptance of the same. The Legal Terms can be accessed at the following link here.

 

2. Definitions

  1. Account” means the specific user account created by You with Backbench pursuant to which You are entitled to create a Bench or Benches based on the different Subscription Plans offered by Us which will enable You to Use the Personal, Pro, and Teams tier of the Backbench Platform and Backbench APIs;
  2. Content” means any information including any software code, data files, written text, graphics, message, audio file, video file, or such information stored or arranged in any format whatsoever that are either uploaded or entered into any Bench in Your Account or is accessed or created through Your use of Backbench Services;
  3. End User” means the persons and/or entities to whom You provide a specific service, functionality or deliverable based on your use of the Backbench Services;
  4. Backbench Platform” means a cloud based computing platform that monitors and manages the individual Backbench APIs and includes either the Backbench Personal, Pro, or the Teams Tier;
  5. Backbench Services” means the services that Backbench renders through its website, the Backbench Platform and the Backbench APIs including any Additional Service on acceptance of the Additional Terms relating thereto;
  6. Backbench API” means a specific set of software code deployed by Backbench that execute a standard type or sets of functionality;
  7. Hosting Server” means
    1. In relation to the Backbench Platform your storage servers and such other hardware and software resources as licensed by you, where the Backbench Platform is deployed and that are used to store amongst other things, the Content;
    2. In relation to the Backbench Platform the storage servers and such other hardware and software resources as licensed by Backbench, where the Backbench Platform is deployed and that are used to store amongst other things, the Content;
  8. Fees” shall mean such fees as applicable for Your Use of the Backbench Services;
  9. Bench” means the Bench created by You through your Account basis a Subscription Plan;
  10. Subscription Plan” means the subscription plan for an Account which plans are set out here.
  11. Use”, “Using” or “Used” means to directly or indirectly activate the processing capabilities of the Backbench Platform and the Backbench APIs;
  12. User” means any person that uses the Backbench Services;
  13. User API” means a set of software code that You have developed that connects with and performs actions in conjunction with the Backbench Platform;
  14. Support Services” means the support services in relation to the Backbench Platform which are provided as per the support plan that may be opted by You which plans are as set out here
  15. Personal, Pro, Teams, and PAYG (Pay-as-you-go) tier” means a version of the Backbench Platform that is hosted by Backbench;

 

3. Your Account and Use of the Backbench Services

  1. As a first time user of the Backbench and any accompanying Backbench Services You will be required to set up a user account by using your email id (or such other identifier as prescribed by Backbench) and choosing suitable access credentials.
  2. You must provide accurate and complete registration information at the time of Account set up. You are responsible for the security of your passwords and for any use of your Account. If You become aware of any unauthorized use of Your password or of Your Account, You agree to notify Backbench immediately by sending an email to support@backbench.io.
  3. Upon set up of the Account, You will be required to create a separate Bench or Benches based on the different Subscription Plans available to You.
  4. You agree not to (a) access (or attempt to access) the administrative interface of the Backbench Services by any means other than through the interface that is provided by Backbench in connection with the Backbench Services, unless you have been specifically allowed to do so in a separate agreement with Backbench, or (b) engage in any activity that interferes with or disrupts the Backbench Services (or the servers and networks which are connected to the Service).
  5. Based on the Bench and Benches created by You, Backbench will set up and deploy an instance of the Backbench Platform on the Hosting Server(s)
  6. In respect of the Backbench Platform you agree to provide the necessary permits and access rights required by Backbench to install and access the Backbench Platform including in respect of any Support Services.
  7. You may not access the Backbench Services for the purpose of bringing an intellectual property infringement claim against Backbench or for the purpose of creating a product or service competitive with the Backbench Services.

 

4. License Grant

  1. In consideration of You agreeing to be bound by terms of this Agreement and paying the Fees, Backbench grants You a revocable, royalty free, non-exclusive, non-transferable, global, limited license to use the functionalities provided by the Backbench Platform that are accessed through the individual Backbench APIs. Except for the limited license set out in this Agreement, Backbench grants you no other license or right in the Backbench Platform or the Backbench APIs.
  2. The Backbench Platform and any Backbench API may contain third party materials that are subject to separate licensing terms. By Using the Backbench Platform and the Backbench APIs, You agree to be bound by those separate license terms. It is Your responsibility to familiarize Yourself with the terms governing the access and use of such third party material. The links to such licenses can be found at
  3. Open source software components are used by and in the Backbench Platform and Backbench API and that are released under open source license(s) constitute separate agreement(s). To the limited extent that the licenses governing any such open source components expressly supersedes the terms herein, such open source licenses govern Your agreement with Backbench for the use of such components. The links to the licenses governing the open source components used or included in the Backbench Platform are set out at

 

5. Backbench Service Policies and Privacy

  1. As part of the Backbench Services, You will be able to access and use a layer of computing infrastructure that helps in the setting up and building of software and web-based applications. The specific details of these services can be found in the product description which is available here. You acknowledge that Backbench is in no manner responsible for any disruptions or delay caused to Backbench Services due to use of any User API. You are solely responsible for ensuring that your User APIs perform as desired by you when used in conjunction with the Backbench Platform and Backbench is not responsible in any manner if your User APIs do not achieve the desired results or function in a desired manner.
  2. Your use of Backbench Services is dependent on Your access of Backbench Platform (including the underlying Open source software components as set out in Clause 4c), and other Content that are stored on the Hosting Servers. While Backbench endeavors to use efficient technology, processes and methodologies to provide the Backbench Services and uses good industry practices in this regard, it takes no responsibility towards any defect, discrepancy, down time, bug, error or other inaccuracy in rendering of the Backbench Services that is not directly, proximately and solely attributable to the improper functioning of the Backbench Platform when properly set up and used in a Backbench defined and approved computing environment. In particular, You acknowledge that the Hosting Server is governed by terms set out by the respective third party that owns and/or manages the Hosting Server and that Backbench has no control over the functionalities, speed, uptime or accuracy of the Hosting Server. We shall not be responsible for rectifying any problems and issues (a) relating to your Use of the Backbench Platform and/or Backbench Services; or (b) with the functioning of the software application that you have developed on the Backbench Platform, and which are attributable or related to (a) the improper functioning of the Hosting Server; or (b) any bug, error, discrepancy or down-time in the Open source software components Backbench uses. You further agree and acknowledge that Backbench will not be responsible for any bug, error, discrepancy, down-time or inaccuracy caused to the Backbench Services on account of Your use of the User API or any Content.
  3. The Backbench Services shall be subject to the privacy policy for the Backbench Services available at privacy policy. You agree to the use of your data in accordance with Backbench's privacy policies.
  4. You agree that you will protect the privacy and legal rights of the End Users of your application. You must provide legally adequate privacy notice and protection for End Users. If End Users provide you with user names, passwords, or other login information or personal information, you must make the users aware that the information will be available to your application and to Backbench.

 

6. Proprietary Rights and Non-exclusivity

  1. You acknowledge and agree that Backbench (or its licensors as the case may be) own all legal right, title and interest in and to the Backbench Platform and all Backbench APIs including but not limited to any ideas, concepts, inventions, systems, platforms, interfaces, tools, utilities, user interface, algorithms, logic, formulae, scripts, work flows, processes, software, methodologies, databases know-how, trade secrets and other technology and information including any and all intellectual property rights that exist therein, whether registered or not, and wherever in the world they may exist.
  2. Backbench collects and maintains a record of the usage of the Backbench Services by You and/or the End Users to store, analyze and use any data relating to their Use of the Backbench Services. To this end, Backbench shall record the number, type, frequency or other information regarding type and manner of Your/the End Users use of the Backbench Services. You acknowledge and agree that this right of Backbench is a legitimate one and is necessary for Backbench to properly compute various technical and commercial parameters and you will obtain the necessary consents from End Users in order for Backbench to collect, store, use and analyse this data. In the event such collection, storage, usage or analysis of such data is regulated by applicable law and/or other specific agreements, you agree that you will enter into the requisite agreements with Backbench in order to facilitate this process. You agree that Backbench retains all legal rights, title and interest in this information and the related database as well as in any record, report or analysis generated by Backbench from such information and database under this Clause 6(b). You further agree that Backbench may use the aggregated data relating to use of the Backbench Services by all its End Users for improving the efficiency of the Backbench Services or for any other purpose that it deems fit. For the avoidance of doubt, Backbench will not access Your Content as part of its monitoring of Your/the End Users use and/or the functioning of the Backbench Services. You can find a list of the types of information collected by Backbench in the Backbench Privacy Policy which can be accessed here.
  3. This Agreement is a non-exclusive arrangement. There is no prohibition or restriction on Backbench to provide the same or substantially similar rights as set out in this Agreement to any other person.

 

7. Content on the Backbench Services and Take Down Obligations

  1. You own all rights and title in the Content and the User APIs that are created by You. Therefore You are solely responsible for all Content and User API that are generated, accessed or stored in any Bench in Your Account. It shall be Your sole responsibility to ensure protection of intellectual property rights residing in such Content and User API. Your Content or User API do not violate the terms of law or any right (including intellectual property right) of any person. Should the Content have any personally identifiable information of an End User, it shall be Your responsibility to ensure that You comply with all laws, regulations and other legal requirements that the use of the personally identifiable information of such End User is subject to (including seeking his/her prior written consent, if applicable) for inclusion of such personally identifiable information and sharing it with Backbench or any third party where necessary.
  2. By storing, accessing or using the Content on or through the Backbench Services you give Backbench a worldwide, royalty-free, non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute such Content for the sole purpose of enabling Backbench to render Backbench Services.
  3. The storage functionality for Content and User APIs is provided to you on an “as-is where-is basis” and Backbench does not take any responsibility for the security of such Content or any User API which are stored on the Hosting Servers.
  4. In the event that you become aware of any violation of the Acceptable Use Policy by an End User of Applications, you shall immediately terminate such end user's account on your Application. Backbench reserves the right to disable Account and Applications in response to a violation or suspected violation of the Acceptable Use Policy.
  5. You agree that you are solely responsible for (and that Backbench has no responsibility to you or to any third party for) the Application or any Content that you create, transmit or display while using the Backbench Services and for the consequences of your actions (including any loss or damage which Backbench may suffer) by doing so. You agree that Backbench has no responsibility or liability for the deletion or failure to store any Content and other communications maintained or transmitted through use of the Service. You further acknowledge that you are solely responsible for securing and backing up your Applications and any Content
  6. Backbench reserves the right (but shall have no obligation) to remove any or all Content from the Backbench Services. You agree to immediately take down any Content that violates the Acceptable Use Policy, including pursuant to a take down request from Backbench. In the event that you elect not to comply with a request from Backbench to take down certain Content, Backbench reserves the right to directly take down such Content or to disable Applications. If Backbench receives a take-down notice for any Content shared or uploaded by You, it shall take reasonable steps to determine the basis for such notice. If Backbench concludes that it is legally obligated to comply with such request or that it is appropriate for Backbench to comply with such request, it may, in its sole and absolute discretion, remove such Content and provide written intimation to you of it. You will not be entitled to challenge Backbench’s determination in this regard and Backbench will not have any liability to You as result of taking down Content in accordance with this Clause 7(f). The same principle also applies if Backbench receives any injunction order from a competent authority or court that requires that the use of any User API cease either temporarily or permanently.

 

8. Restrictions

Backbench has only licensed the Backbench Platform and Backbench APIs to You and it does not sell them. As between Backbench and You, Backbench owns all right, title and interest in and to such Backbench Platform and Backbench APIs, and any intellectual property rights associated with it. You shall not:

  1. Use the Backbench Platform, Backbench APIs or Backbench Services for any illegal purpose or in a manner that it violates any law or rights of any other person;
  2. Use the Backbench Services to "mine" bitcoins and other cryptocurrencies;
  3. Permit Use of the Backbench Platform, Backbench APIs or Backbench Services in a manner not authorised by this Agreement;
  4. Disassemble, decompile, unlock, reverse engineer, or decode the Backbench Platform and Backbench APIs in any manner or create any derivative works based of the Backbench Platform;
  5. Re-sell, grant any rights under this Agreement to any third party or lease, time-share, lend or rent Backbench Platform and Backbench APIs;
  6. Copy any features, functions or user interfaces of the Backbench Platform and Backbench APIs;
  7. Introduce any malicious code, virus, malware, or any other material that disrupts, slows down or causes the Backbench Platform or any Backbench API to malfunction;
  8. Use Backbench Platform, Backbench APIs or the Backbench Services to host, display, upload, modify, publish, transmit, update or share any information that (A) belongs to any other person and to which You do not have any right to; (B) is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; (C) harms minors in any manner (D) infringes any patent, trademark, copyright or other proprietary rights; (E) violates any law which is in force (F) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature (G) impersonates another person (H) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.

 

9. Fees for Use of the Backbench Services

You will be liable to pay fees (“Fees”) corresponding to the Subscription Plan opted by You. The Fees as set out here are exclusive of all taxes, duties, cess or levy, if any, which will be borne by you. Fees must be paid to Backbench in advance. Fees paid are not refundable should You choose to prematurely terminate your Use of the Backbench Services or any particular portion or functionality of the Backbench Services.

Should You fail to pay the Fees in a timely manner, Backbench reserves its right to terminate this relationship and You should thereafter cease all use of all Backbench Services, the Backbench API and the Backbench Platform. The license granted to You to create and use the User API in conjunction with any Backbench API shall thereafter stand terminated. Backbench reserves its right to proceed against You and claim all damages, demur and loss suffered by it due to your unauthorized Use of Backbench Services, Backbench API or any other Licensed Materials after termination of the arrangement set out in this Agreement.

 

10. Additional Features

Backbench shall from time to time release additional features of the Backbench Services. Use of these features may be subject to payment of fees and other terms as prescribed by Backbench. To use such additional features in the Backbench Services, You are required to abide by such additional terms and pay fees, as applicable. Backbench also provides R&D Services and Support Services in relation to the Backbench Services. You may avail of such Services by paying the Fee in respect of the same by writing to support@backbench.io.

 

11. Disclaimers

  1. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE BACKBENCH SERVICES, BACKBENCH PLATFORM OR ANY BACKBENCH API IS AT YOUR SOLE RISK AND THAT THE BACKBENCH SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY WARRANTY FOR MERCHANTABILITY OR FITNESS FOR PURPOSE. BACKBENCH DOES NOT WARRANT THAT THE BACKBENCH SERVICES WILL MEET YOUR REQUIREMENTS OR THAT ITS OPERATION WILL BE SECURE, ERROR FREE OR UNINTERRUPTED.
  2. YOU HAVE CHOSEN TO USE THE BACKBENCH SERVICES ON YOUR OWN VOLITION AND BACKBENCH BEARS NO RESPONSIBILITY AS TO THE QUALITY AND PERFORMANCE OF BACKBENCH SERVICES. BACKBENCH WILL NOT UNDER ANY CIRCUMSTANCE BE RESPONSIBLE FOR LOSS OF ANY DATA WHETHER FROM YOUR COMPUTER OR THE HOSTING SERVER, DUE TO USE OF THE BACKBENCH SERVICES.
  3. BACKBENCH HAS NO CONTROL OVER THE CONTENT UPLOADED OR GENERATED BY YOU IN YOUR USE OF THE BACKBENCH SERVICES. BACKBENCH UNDERTAKES NO RESPONSIBILITY FOR ANY LOSS THAT YOU OR ANY OTHER PERSON MAY SUFFER DUE TO ANY CONTENT UPLOADED OR GENERATED BY YOUR USE OF THE BACKBENCH SERVICES. BACKBENCH HAS NO CONTROL OVER THE USE THAT ANY THIRD PARTY MAY PUT TO ANY CONTENT THAT IS SHARED BY YOU ON THE BACKBENCH SERVICES.

 

12. Indemnity And Liability

  1. To the maximum extent permitted by law, You agree to defend, indemnify and hold harmless Backbench and its directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys’ fees) arising out of or accruing from (i) Your use of the Backbench Services in violation of this Agreement or any applicable laws or regulations, and (ii) any third party claims arising out of or relating to Your Use of the Backbench Services.
  2. YOU EXPRESSLY UNDERSTAND AND AGREE THAT BACKBENCH, ITS REPRESENTATIVES, AND LICENSORS SHALL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT MAY BE INCURRED BY YOU BY USE OF THE BACKBENCH SERVICES, INCLUDING ANY LOSS OF DATA, WHETHER OR NOT BACKBENCH OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

 

13. Modification and Termination of Backbench Services

  1. This Agreement shall commence on and from the date of your use of the Backbench Services and shall continue for such period (“Term”) during which the Subscription Plan You signed up to is valid after which You will not receive any Backbench Services or Use the Backbench Platform and Backbench APIs in any manner.
  2. You may terminate this Agreement at any time by canceling your Account by sending an email with subject line “Agreement Termination” to support@backbench.io You will not receive any refunds if you cancel Your Account.
  3. Backbench has the right to terminate the Agreement by providing prior written notice of 30 days to You. If Backbench terminates this Agreement under this clause 13(c), You will be entitled to pro-rata refund of Fees paid by You for any un-expired term in the Subscription Plan as on date of such termination.
  4. Backbench also has the right to terminate the Agreement without any prior written notice, if (i) You have breached any term in the Agreement, or (ii) it is required to do so under law.

 

14. Non-GA Services

From time to time Backbench may invite you to try, Backbench products or services that are not generally available to Backbench customers ("Non-GA Services"). You may accept or decline any such trial in its sole discretion. Any Non-GA Services will be clearly designated as beta, pilot, limited release, developer preview, non-production or by a description of similar import. Non-GA Services are provided for evaluation purposes and not for production use, are not supported, may contain bugs or errors, and may be subject to additional terms. Non-GA Services are not considered "Backbench Services" here under and are provided "AS IS" with no express or implied warranty. Backbench may discontinue Non-GA Services at any time in its sole discretion and may never make them generally available.

 

15. GENERAL TERMS

  1. This Agreement constitutes the whole agreement between You and Backbench and governs your Use of the Backbench Platform, the provision of Backbench Services, and completely replaces any prior agreements between You and Backbench in this respect.
  2. You must keep all information received by You from Backbench in relation to the Backbench Services or such other information shared in confidence, strictly confidential. You are not permitted to share those information with any third party without prior written permission of Backbench.
  3. You agree that if Backbench does not exercise or enforce any legal right or remedy which is contained in this Agreement (or which Backbench has the benefit of under any applicable law), this will not be taken to be a formal waiver of Backbench’s rights and that those rights or remedies will still be available to Backbench.
  4. If any court of law, having the jurisdiction to decide on this matter, rules that any provision of this Agreement is invalid, then that provision shall be deemed removed from this Agreement without affecting rest of this Agreement. The remaining provisions of this Agreement will continue to be valid and enforceable.
  5. The rights granted in this Agreement may not be assigned or transferred by You without the prior written approval of Backbench. You are not permitted to delegate Your responsibilities or obligations under this Agreement without the prior written approval of Backbench. Backbench is entitled to assign, transfer or delegate any right, responsibility, duty or obligation under this Agreement.
  6. Any notice to Backbench must be sent via email at support@backbench.io with the subject line “SaaS Agreement Notice” or by registered post to Backbench Internet Services Private Limited, Nasscom Startup Warehouse, Lower Ground Floor, DD3, Diamond District, Domlur, Bangalore, Karnataka, India, 560008 marked to the attention of Shwetabh Ranjan. Any notice to You shall be sent via email to the email id provided by You at the time of set up of the Account.
  7. Please send any feedback and suggestions that You have for the Backbench Services to or submit them at such other place as permitted by Backbench. You agree that Backbench is at liberty to use and incorporate those feedback and suggestions in the Backbench Services without affecting its rights and title in such Backbench Services.
  8. This Agreement shall be governed by the laws of India, without regard to any conflict of law provisions. You and Backbench agree to submit to the exclusive jurisdiction of the courts at Bangalore, India to resolve any dispute arising out of this Agreement.
  9. The obligations in Clauses 6, 7, 8, 11, 12, 14, 15(b), 15(f) and 15(h) will survive any expiration or termination of this Agreement.

 

16. CONTACT US

If you have any questions concerning this Terms of Service, please do not hesitate to contact Backbench at support@backbench.io

PLEASE NOTE: IF YOU USE OUR BACKBENCH SERVICES, YOU HAVE AGREED TO AND ACCEPTED THE PRACTICES DESCRIBED IN THIS TERMS OF SERVICE, AND PRIVACY POLICY. IF YOU DO NOT AGREE WITH THE TERMS OF THIS POLICY, OR OUR TERMS OF SERVICE, PLEASE DO NOT ACCESS OR USE BACKBENCH SERVICES.