Terms of Service

1. Agreement to Terms

By accessing or using Stacktown's website and services ("Services"), you agree to be bound by these Terms of Service ("Terms") and all applicable laws and regulations. If you do not agree with any of these terms, you are prohibited from using or accessing our Services. The materials contained in this website are protected by applicable copyright and trademark law.

2. Use License

Permission is granted to temporarily access our Services for personal or business use, subject to these Terms. This is the grant of a license, not a transfer of title, and under this license you may not:

• Modify, copy, or create derivative works from our materials without explicit permission
• Use the materials for any commercial purpose outside the scope of purchased services
• Attempt to decompile, reverse engineer, or disassemble any software contained on our platform
• Remove any copyright, trademark, or other proprietary notations from the materials
• Transfer the materials to another person or mirror the materials on any other server
• Use any automated system (bots, scrapers, crawlers) to access the Services without permission

This license shall automatically terminate if you violate any of these restrictions and may be terminated by Stacktown at any time. Upon termination, you must destroy any downloaded materials in your possession.

3. Acceptable Use Policy

You agree to use our Services only for lawful purposes and in accordance with these Terms. You agree NOT to use our Services:

Prohibited Activities:

• Illegal Activity: For any unlawful purpose or to violate any local, state, national, or international law
• Harassment: To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate
• False Information: To submit false or misleading information, including impersonating others
• Intellectual Property Infringement: To upload or transmit material that infringes on others' IP rights
• Malicious Code: To upload viruses, malware, or any code designed to disrupt or damage
• Spam: To send unsolicited advertising, promotional materials, or spam
• Data Mining: To engage in unauthorized data collection, scraping, or harvesting
• System Interference: To interfere with, disrupt, or create undue burden on our servers or networks
• Security Breaches: To attempt unauthorized access to our systems, other users' accounts, or protected areas
• Resale: To resell or redistribute our Services without explicit written authorization

Violations of this Acceptable Use Policy may result in immediate suspension or termination of your account, reporting to law enforcement authorities, and legal action.

4. Services Description

Stacktown provides custom software development, SaaS platform solutions, and consulting services for small businesses. We reserve the right to modify, suspend, or discontinue any aspect of our Services at any time without prior notice. We also reserve the right to refuse service to anyone for any reason at any time.

5. User Account Responsibilities

If you create an account with us, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account. You must:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update account information to keep it accurate and complete
• Maintain the security and confidentiality of your account credentials
• Notify us immediately of any unauthorized use of your account or security breach
• Use our Services in compliance with all applicable laws and these Terms
• Not share your account credentials with unauthorized third parties
• Accept responsibility for all activities conducted through your account

You acknowledge that we are not liable for any loss or damage arising from your failure to comply with these account security obligations.

6. Account Termination and Suspension

A. Termination by You:

You may terminate your account at any time by contacting us through our website. Upon termination:

• You will lose access to your account and associated data
• We may retain certain information as required by law or for legitimate business purposes
• Fees paid are non-refundable except as required by law or specified in writing

B. Termination or Suspension by Stacktown:

We reserve the right to suspend or terminate your account immediately, without prior notice or liability, for any reason, including but not limited to:

• Breach of these Terms or our Acceptable Use Policy
• Non-payment of fees
• Fraudulent, illegal, or harmful activity
• Request by law enforcement or government agencies
• Prolonged inactivity (as defined in service-specific terms)
• Technical or security risks to our platform or other users

C. Effect of Termination:

Upon termination, your right to use the Services will immediately cease. All provisions of the Terms which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

7. Intellectual Property Rights

All content, features, and functionality of Stacktown's Services, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, data compilations, software, and the compilation thereof are the exclusive property of Stacktown and its licensors and are protected by:

• United States and international copyright laws
• Trademark laws and regulations
• Patent laws where applicable
• Trade secret and other intellectual property laws

Custom Development Work:

For custom software development services, intellectual property rights will be specified in separate written agreements. Unless otherwise specified in writing, Stacktown retains all rights to any pre-existing materials, tools, frameworks, and general knowledge used in delivering services.

8. Payment Terms

For paid Services, you agree to pay all fees associated with your selected service plan according to the pricing and payment terms presented to you. Unless otherwise stated:

• All fees are in U.S. Dollars and are non-refundable except as required by law
• Subscription fees are billed in advance on a recurring basis (monthly, annually, etc.)
• We reserve the right to change our pricing with 30 days' notice to existing customers
• Failure to pay may result in suspension or termination of Services
• You are responsible for all applicable taxes (sales tax, VAT, etc.)
• Late payments may incur interest charges as permitted by law

Refund Policy: Custom development projects may have specific milestone-based payment terms outlined in separate agreements. SaaS subscriptions are generally non-refundable but may be eligible for prorated refunds at our sole discretion.

9. Warranties and Disclaimers

A. Service "As Is":

OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Warranties of merchantability
• Fitness for a particular purpose
• Non-infringement
• Title or quiet enjoyment
• Accuracy, reliability, or completeness of content

B. No Guarantee of Availability:

Stacktown makes no warranty that the Services will be uninterrupted, timely, secure, or error-free, or that defects will be corrected. We do not warrant that the Services will meet your requirements or that the results obtained will be accurate or reliable.

C. Third-Party Content:

We make no representations or warranties regarding third-party content, services, or websites linked to or integrated with our Services.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL STACKTOWN, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR:

A. Types of Damages:

• Any indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or use
• Loss of or damage to property
• Claims of third parties
• Any other losses resulting from your use or inability to use the Services

B. Maximum Liability:

IN NO EVENT SHALL STACKTOWN'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU TO STACKTOWN FOR THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you.

11. Indemnification

You agree to defend, indemnify, and hold harmless Stacktown and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including reasonable attorneys' fees) arising from:

• Your use of and access to the Services
• Your violation of any term of these Terms
• Your violation of any third-party right, including intellectual property, privacy, or other rights
• Any content you submit, post, or transmit through the Services
• Your violation of any applicable law or regulation
• Any claim that your use caused damage to a third party

This indemnification obligation will survive termination of these Terms and your use of the Services.

12. Dispute Resolution and Arbitration

A. Informal Dispute Resolution:

Before filing a claim, you agree to try to resolve the dispute informally by contacting us. We will attempt to resolve the dispute informally by contacting you via email. If a dispute is not resolved within thirty (30) days of submission, you or Stacktown may bring a formal proceeding.

B. Binding Arbitration:

If informal resolution fails, you and Stacktown agree that any dispute arising out of or relating to these Terms or the Services will be resolved through binding arbitration, rather than in court, except that:

• You may assert claims in small claims court if your claims qualify
• You or Stacktown may seek equitable relief in court for infringement of intellectual property rights

Arbitration Rules: The arbitration will be conducted by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitrator's decision will be final and binding. Judgment on the award may be entered in any court having jurisdiction.

C. Class Action Waiver:

YOU AND STACKTOWN AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Unless both you and Stacktown agree, no arbitrator or judge may consolidate more than one person's claims or otherwise preside over any form of a representative or class proceeding.

D. Governing Law and Venue:

These Terms shall be governed by and construed in accordance with the laws of the United States, without regard to its conflict of law provisions. Any legal action or proceeding not subject to arbitration shall be brought exclusively in courts located in the United States.

13. Modifications to Terms

Stacktown reserves the right to modify or replace these Terms at any time at our sole discretion. We will provide notice of material changes as follows:

• Email notification to the address associated with your account (if applicable)
• Prominent notice on our website or within the Services
• At least 30 days' advance notice for material changes

Your continued use of the Services after any changes indicates your acceptance of the new Terms. If you do not agree to the new Terms, you must stop using the Services. We encourage you to review this page periodically for any changes.

14. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it enforceable while reflecting the original intent, or if modification is not possible, such provision shall be severed from these Terms. The invalidity or unenforceability of any provision shall not affect the validity or enforceability of any other provision, and the remaining provisions shall continue in full force and effect.

15. Entire Agreement

These Terms constitute the entire agreement between you and Stacktown regarding the use of the Services and supersede all prior and contemporaneous written or oral agreements. No waiver of any term shall be deemed a further or continuing waiver of such term or any other term. Our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

16. Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without Stacktown's prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and void. Stacktown may freely assign or transfer these Terms. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.

17. Force Majeure

Stacktown shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

18. Contact Information

If you have any questions about these Terms of Service, please contact us through our website's contact form. For legal notices, please include "Legal Notice" in the subject line.

We will respond to your inquiry within a reasonable timeframe, typically within 5-10 business days.