Please read this agreement carefully to ensure that you understand each provision.
Our Service in a Snapshot.
StackGo provides a suite of tools to make it easier for:
* Software Vendors to discover, connect, and optimise their distribution across multiple SaaS Marketplace platforms.
* Customers of SaaS platforms to access StackGo built and 3rd party products via integrations.
Eligibility. You may use the Service only if you can form a binding contract with StackGo, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules, and regulations. By using the Service, you represent and warrant that you have the full right, power and authority to enter into this Agreement and to fully perform all of your obligations hereunder. You further represent and warrant that you are under no legal disability or contractual restriction that prevents you from entering into this Agreement.
License to use the StackGo Service. Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service and as permitted by the features of the Service. StackGo reserves all rights not expressly granted herein in the Service and the StackGo Content (as defined below). StackGo may terminate this license at any time for any reason or no reason.
Additional terms may apply for any content that you download from, upload to or print from the Service. Any such additional terms will be made available to you prior to initiating any applicable uploads, downloads or prints.
Your StackGo account gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. We may maintain different types of accounts for different types of Users. If you open a StackGo account on behalf of a company, organization, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement, and that you agree to this Agreement on the entity’s behalf. By connecting to StackGo with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service.
You may control your User profile and how you interact with the Service by changing the settings in your account. By providing StackGo your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt out or change your preferences in your settings page. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to the StackGo servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser; (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Service; (vii) collecting or harvesting any personally identifiable information, including account names, from the Service; (viii) using the Service for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Service; (xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; (xii) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein; (xiii) using any StackGo Content (as defined below), including any StackGo trademarks, in any manner that might tarnish, disparage, or reflect adversely on such StackGo Content; (xiv) using the Service or any StackGo Content (as defined) to support, incite or promote discrimination, hostility or violence; (xv) using any StackGo trademark or any variant thereof including misspellings as a domain name or as part of a domain name, as a metatag, keyword, or any other type of programming code or data; (xvi) adopting or using, without our prior written consent, any word or mark which is similar to or likely to be confused with StackGo trademarks; (xvii) copying, imitating or using, in whole or in part, the look and feel of the Service (including but not limited to all page headers, custom graphics, button icons, and scripts) without the prior written consent of StackGo; (xviii) using any StackGo Content to link to the StackGo website without the prior written consent of StackGo; (xviv) framing or hotlinking to the Service or any content other than your own without the prior written consent of StackGo.
Accessing the audiovisual content available on the Service for any purpose or in any manner other than Streaming (as defined below) is expressly prohibited. “Streaming” means a contemporaneous digital transmission of an audiovisual work via the Internet from the StackGo Service to a User’s device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the User.
We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to Users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement. If your account is terminated for any reason, you must obtain written authorization from StackGo prior to establishing another account. If you attempt to establish another account without obtaining such authorization, StackGo may permanently ban you from the Service. You may not have more than one active account at any time without the written consent of StackGo in each instance. If such consent is granted, you may not submit identical Stock Media (as defined below) to more than one account.
You are solely responsible for your interactions with other StackGo Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. StackGo shall have no liability for your interactions with other Users, or for any User’s action or inaction.
StackGo does not support and will not tolerate its Service being used to discriminate against others, especially when based on race, religion, sex, sexual orientation, age, disability, ancestry or national origin. You are not permitted to use the Service in a manner which would or would likely incite, promote or support such discrimination and you must not use the Service to incite or promote hostility or violence. If we believe in our sole determination that your use of the Service is being used to discriminate, especially if based on race, religion, sex, sexual orientation, age, disability, ancestry or national origin, we may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason.
You may choose to or we may invite you to submit comments or ideas about the Service (including on the Community), including without limitation about how to improve the Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place StackGo under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, StackGo does not waive any rights to use similar or related ideas previously known to StackGo, or developed by its employees, or obtained from sources other than you.
5.1 Billing Policies.
Certain aspects of the Service may be provided for a fee or other charge. If you elect to use paid aspects of the Service, you agree to the pricing and payment listed on the Service which we may update from time to time. StackGo may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion; however, any price changes or changes to your subscription plans will apply no earlier than 30 days following notice to you.
5.2 No Refunds.
You may cancel your StackGo account at any time; however, there are no refunds for cancellation. In the event that StackGo suspends or terminates your account or this Agreement, you understand and agree that you shall receive no refund or exchange for any credits, any unused time on a subscription, any license or subscription fees for any portion of the Service, any content or data associated with your account, or for anything else.
5.3 Payment Information; Taxes.
All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, licenses, royalties, transactions, or other monetary transaction interactions.
5.4 Free Trials
StackGo offers free trials for certain paid subscription types to allow you to try our service. StackGo reserves the right to set eligibility requirements for free trials.
At the end of your free trial period, we will charge the relevant subscription fee for the next billing cycle to your nominated payment method, unless you cancel your subscription prior.
Certain aspects of the service (including but not limited to the Community) may allow you to obtain certain reputational or status indicators (“StackGo Property”). You understand and agree that regardless of terminology used, StackGo Property represents a limited license right governed solely by the terms of this Agreement and available for distribution at StackGo’s sole discretion. StackGo Property is not redeemable for any sum of money or monetary value from StackGo at any time. You acknowledge that you do not own the account you use to access the Service, nor do you possess any rights of access or rights to data stored by or on behalf of StackGo on StackGo servers, including without limitation any data representing or embodying any or all of your StackGo Property. You agree that StackGo has the absolute right to manage, regulate, control, modify and/or eliminate StackGo Property as it sees fit in its sole discretion, in any general or specific case, and that StackGo will have no liability to you based on its exercise of such right. All data on StackGo’s servers are subject to deletion, alteration or transfer.
Notwithstanding any value attributed to such data by you or any third party, you understand and agree that any data, account history and account content residing on StackGo’s servers, may be deleted, altered, moved or transferred at any time for any reason in StackGo’s sole discretion, with or without notice and with no liability of any kind. StackGo does not provide or guarantee, and expressly disclaims, any value, cash or otherwise, attributed to any data residing on StackGo’s servers.
StackGo cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
The Service may contain:
that are not owned or controlled by StackGo.
You agree to defend, indemnify and hold harmless StackGo and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy, publicity, or Intellectual Property Rights; (iv) your violation of any applicable law, rule, or regulation; (v) any claim or damages that arise as a result of any of your User Content, your Stock Media, or any content that is submitted via your account; or (vi) any other party’s access and use of the Service with your unique username, password, or other appropriate security code.
The service is provided on an “as is” and “as available” basis. Use of the service is at your own risk. To the maximum extent permitted by applicable law, the service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Without limiting the foregoing, StackGo, its subsidiaries, and its licensors do not warrant that the content, including without limitation User Content and Stock Media, is accurate, reliable or correct; that the service will meet your requirements; that the service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the service is downloaded at your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the service.
StackGo does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the StackGo service or any hyperlinked website or service, and StackGo will not be a party to or in any way monitor any transaction between you and third-party providers of products or services.
To the maximum extent permitted by applicable law, in no event shall StackGo, its affiliates, agents, directors, employees, suppliers or licensors be liable for any direct, indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, that result from the use of, or inability to use, this service, including without limitation, your submission of User Content or Stock Media. Under no circumstances will StackGo be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the service or your account or the information contained therein.
To the maximum extent permitted by applicable law, StackGo assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the service; (v) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our service by any third party; (vi) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the service; and/or (vii) user content or the defamatory, offensive, or illegal conduct of any third party. In no event shall StackGo, its affiliates, agents, directors, employees, suppliers, or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount you paid to StackGo hereunder or $100.00, whichever is greater.
No action, regardless of form or nature, arising out of this agreement may be brought by or on behalf of you more than one (1) year after the cause of action first arose.
Notwithstanding anything to the contrary contained herein, StackGo shall not be liable for any damages, costs or losses arising as a result of modifications made to User Content, Stock Media, or other content, any additions or combinations of User Content or Stock Media with other content, or the context in which the User Content, Stock Media, or other content is used by you.
This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if StackGo has been advised of the possibility of such damage. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
Some states do not allow the exclusion of implied warranties or the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. This agreement gives you specific legal rights, and you may also have other rights which vary from state to state. The disclaimers, exclusions, and limitations of liability under this agreement will not apply to the extent prohibited by applicable law.
The Service is controlled and operated from its facilities in Australia. StackGo makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable Australian and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by Australia, or are a foreign person or entity blocked or denied by the Australian government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in Australia.
You agree that: (i) the Service shall be deemed solely based in Australia; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over StackGo, either specific or general, in jurisdictions other than New South Wales. This Agreement shall be governed by the internal substantive laws of New South Wales, without respect to its conflict of laws principles.
For any dispute with StackGo, you agree to first contact us at [email protected] and attempt to resolve the dispute with us informally. In the unlikely event that StackGo has not been able to resolve a dispute it has with you after attempting to do so informally, we each agree to resolve any claim, dispute, or controversy (excluding any StackGo claims for injunctive or other equitable relief) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by a mutually agreed arbitration service. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of that party’s data security, Intellectual Property Rights, or other proprietary rights. All claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, and, unless we agree otherwise, the arbitrator may not consolidate more than one person’s claims. You agree that, by entering into this agreement, you and StackGo are each waiving the right to a trial by jury or to participate in a class action.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by StackGo without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
15.2 Notification Procedures and Changes to the Agreement.
16.4 No Waiver.
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and StackGo’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
Please contact us at [email protected] with any questions regarding this Agreement.
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