Welcome to Stackdeck! These Terms of Service ("Terms") govern your use of the Stackdeck platform ("Platform"), which is owned and operated by Stackdeck Ltd. ("Stackdeck," "we," "us," or "our"). By accessing or using the Platform, you agree to be bound by these Terms. If you do not agree to these Terms, please do not access or use the Platform.
1. Acceptance of Terms
1.2 Modifications: We reserve the right to modify these Terms at any time without prior notice. Any changes will be effective immediately upon posting of the updated Terms on the Platform. Your continued use of the Platform after the posting of the updated Terms constitutes your acceptance of such changes.
2. Account Registration
2.1 Eligibility: To use the Platform, you must be at least 18 years old and have the legal capacity to enter into a binding agreement.
2.2 Account Creation: You may need to create an account to access certain features of the Platform. You agree to provide accurate and complete information during the registration process and to keep your account information up to date.
2.3 Account Security: You are responsible for maintaining the security of your account and password. You agree to notify us immediately of any unauthorized access to or use of your account.
3. Use of the Platform
3.1 License: Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform for its intended purpose.
3.2 Prohibited Conduct: You agree not to engage in any conduct that violates these Terms or any applicable law or regulation. Prohibited conduct includes, but is not limited to: a) Using the Platform for any illegal or unauthorized purpose; b) Interfering with or disrupting the integrity or performance of the Platform; c) Impersonating any person or entity or falsely stating or otherwise misrepresenting your affiliation with a person or entity; d) Collecting or storing personal data of other users without their consent; e) Engaging in any activity that could harm or compromise the security or privacy of the Platform or its users.
3.3 User Content: You are solely responsible for any content you submit, post, or display on or through the Platform. By using the Platform, you grant us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable license to use, modify, publicly perform, publicly display, reproduce, and distribute such content on and through the Platform.
4. Intellectual Property Rights
4.1 Ownership: The Platform and its content, including but not limited to text, graphics, images, logos, trademarks, service marks, and software, are owned by Stackdeck or its licensors and are protected by intellectual property laws.
4.2 Restrictions: Except as expressly authorized by these Terms, you may not reproduce, modify, distribute, sell, lease, rent, sublicense, display, perform, transmit, or otherwise exploit any part of the Platform or its content without our prior written consent.
5.2 Data Processing: If you are located in the European Economic Area or Switzerland, our processing of your personal data is subject to our Data Processing Agreement, which is incorporated into these Terms.
6. Payment and Billing
6.1 Subscription Fees: Certain features or services on the Platform may require payment of subscription fees. The applicable fees and payment terms will be clearly displayed on the Platform. By subscribing to these features or services, you agree to pay the specified fees.
6.2 Billing and Payment: You authorize us to charge your designated payment method for all applicable fees. You are responsible for providing accurate and complete billing information. If the payment method fails or your account is past due, we may suspend or terminate your access to the paid features or services.
6.3 Taxes: You are responsible for any taxes, levies, or duties imposed by taxing authorities related to your use of the paid features or services. All fees are exclusive of applicable taxes, unless otherwise stated.
7.1 Termination by You: You may terminate your account at any time by contacting us or using the account deletion feature, if available. Upon termination, your account and access to the Platform will be deactivated, and any content associated with your account may be permanently deleted.
7.2 Termination by Us: We reserve the right to suspend or terminate your account and access to the Platform, in whole or in part, at our sole discretion, with or without cause and without prior notice or liability.
7.3 Effect of Termination: Upon termination, all rights and licenses granted to you under these Terms will immediately terminate. The provisions of these Terms that by their nature should survive termination, including but not limited to Sections 4 (Intellectual Property Rights), 5 (Privacy),
8. Limitation of Liability
8.1 Disclaimer of warranties: The Platform is provided on an "as is" and "as available" basis without warranties of any kind, whether express or implied. Stackdeck disclaims all warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, and title.
8.2 Limitation of liability: To the fullest extent permitted by applicable law, Stackdeck and its officers, directors, employees, and agents will not be liable for any indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or in connection with your use of the Platform.
8.3 Total liability: In no event will Stackdeck's total liability to you for all claims arising out of or in connection with these Terms or your use of the Platform exceed the amounts paid by you, if any, to Stackdeck during the six (6) months prior to the event giving rise to the liability.
You agree to indemnify, defend, and hold Stackdeck and its officers, directors, employees, and agents harmless from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or in connection with: a) Your use of the Platform; b) Your violation of these Terms or any applicable law or regulation; c) Your violation of any rights of another person or entity; d) Any content you submit, post, or display on or through the Platform; e) Any activity related to your account.
10. Governing Law and Dispute Resolution
10.1 Governing Law: These Terms and any action related thereto will be governed by and construed in accordance with the laws of The Netherlands, without regard to its conflict of laws principles. 10.2 Dispute Resolution: Any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Platform shall be resolved through negotiation and good faith discussions between the parties. 10.3 Mediation and Arbitration: If the parties are unable to resolve the dispute through negotiation, the parties agree to first attempt to resolve the dispute through mediation, conducted by a mutually agreed-upon mediator. If mediation is unsuccessful, any unresolved dispute shall be settled by binding arbitration in accordance with the rules of [Arbitration Association], and judgment on the arbitration award may be entered in any court having jurisdiction thereof. 10.4 Injunctive Relief: Notwithstanding the provisions of this Section 10, either party may seek injunctive or other equitable relief from a court of competent jurisdiction to prevent actual or threatened harm, misuse, or unauthorized disclosure of intellectual property rights, confidential information, or trade secrets.
11.1 Entire Agreement: These Terms constitute the entire agreement between you and Stackdeck regarding the use of the Platform, and supersede all prior agreements and understandings, whether oral or written.
11.2 Waiver: The failure of Stackdeck to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
11.3 Severability: If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.
11.4 Assignment: You may not assign or transfer these Terms, in whole or in part, without Stackdeck's prior written consent. Stackdeck may freely assign or transfer these Terms without restriction.
11.5 Relationship: These Terms do not create any agency, partnership, joint venture, or employment relationship between you and Stackdeck.
11.6 Contact: If you have any questions or concerns about these Terms, please contact us at email@example.com