Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("you", "your", or "User"), whether personally or on behalf of an entity, and Stakyo, LLC, a Delaware Limited Liability Company ("Company", "we", "us", or "our"), concerning your access to and use of the stakyo.com website, as well as any other websites, software applications, SaaS platforms, mobile applications, APIs, and related services owned, operated, or managed by Stakyo, LLC (collectively, the "Site" and "Services").

Stakyo, LLC operates a portfolio of multiple digital products and SaaS platforms. These Terms apply to all websites and services under the Stakyo, LLC umbrella. Individual products may have supplemental terms that will be presented to you at the time of registration or purchase. In the event of a conflict between these Terms and any product-specific supplemental terms, the supplemental terms shall govern with respect to that specific product.

By accessing the Site or using any of our Services, you agree that you have read, understood, and agree to be bound by all of these Terms. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

2. Definitions

"Account" means a registered user account created to access and use the Services.

"Content" means any text, data, information, software, graphics, photographs, videos, audio, or other materials available through the Services.

"Intellectual Property Rights" means all patent rights, copyright rights, moral rights, trademark rights, trade secret rights, and any other intellectual property rights recognized in any country or jurisdiction.

"Services" means all websites, software applications, SaaS platforms, APIs, and related digital products and services owned, operated, or managed by Stakyo, LLC.

"Subscription Plan" means the specific pricing plan and feature set selected by you for your Account with any of our products.

"User Content" means any Content that you upload, submit, post, transmit, or otherwise make available through the Services.

3. Eligibility

3.1

You must be at least 18 years of age to use the Services. By using the Services, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into a binding contract.

3.2

If you are using the Services on behalf of a company, organization, or other entity, you represent and warrant that you have the authority to bind that entity to these Terms, and the terms "you" and "your" shall refer to that entity.

3.3

The Services are not available to users in countries subject to U.S. export restrictions or sanctions, including Cuba, Iran, North Korea, Syria, and the Crimea, Donetsk, and Luhansk regions.

4. Account Registration and Security

4.1

To access certain features of the Services, you may be required to create an Account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

4.2

You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your Account.

4.3

We reserve the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current, or incomplete.

4.4

You may not create more than one Account per person. You may not assign or otherwise transfer your Account to any other person or entity.

5. Services and License

5.1 License Grant

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services for your personal or internal business purposes, as applicable to the specific product and Subscription Plan you have selected.

5.2 License Restrictions

You shall not: (a) copy, modify, or create derivative works of the Services or any Content; (b) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive the source code of the Services or any part thereof; (c) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Services to any third party; (d) remove, alter, or obscure any proprietary notices (including copyright and trademark notices) on the Services; (e) use the Services for any purpose that is unlawful or prohibited by these Terms.

5.3 Service Availability

We strive to ensure the Services are available at all times. However, we do not guarantee uninterrupted, timely, or error-free operation of the Services. We reserve the right to modify, suspend, or discontinue any part of the Services at any time without prior notice.

6. Subscription Plans and Billing

6.1

Certain Services require payment of fees ("Paid Services"). By subscribing to a Paid Service, you agree to pay all applicable fees as described on the relevant product pricing page.

6.2 Billing Cycle

Paid subscriptions are billed in advance on a monthly or annual basis, depending on the plan you select. Your subscription will automatically renew at the end of each billing cycle unless you cancel before the renewal date.

6.3 Payment Method

You must provide a valid payment method to use Paid Services. By providing a payment method, you authorize us to charge the applicable fees to that payment method.

6.4 Price Changes

We reserve the right to adjust pricing for our Services at any time. Any price changes will take effect at the start of your next billing cycle following at least 30 days' notice. If you do not agree to the price change, you may cancel your subscription before the new price takes effect.

6.5 Taxes

All fees are exclusive of applicable taxes. You are responsible for paying all taxes associated with your use of the Services.

6.6 Refunds

All fees are non-refundable except as required by applicable law. If you cancel your subscription, you will continue to have access to the Paid Service until the end of your current billing period, but you will not receive a refund for any unused portion.

6.7 Free Trials

We may offer free trial periods for certain Services. At the end of a free trial, your account may automatically convert to a paid subscription unless you cancel before the trial period ends. We will notify you before any charges are applied.

7. User Content

7.1 Ownership

You retain all ownership rights in your User Content. We do not claim ownership over any User Content that you submit, post, or display on or through the Services.

7.2 License to Us

By submitting, posting, or displaying User Content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, and display such User Content solely for the purpose of operating, providing, and improving the Services.

7.3 Responsibility

You are solely responsible for your User Content and the consequences of posting or publishing it. You represent and warrant that you own or have the necessary rights and permissions to use and authorize us to use your User Content as described in these Terms.

7.4 Prohibited Content

You agree not to upload, post, or transmit any User Content that: (a) is unlawful, harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable; (b) infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party; (c) contains software viruses or any other code designed to interrupt, destroy, or limit the functionality of any computer software or hardware; (d) constitutes unsolicited or unauthorized advertising, promotional materials, spam, or any other form of solicitation.

8. Intellectual Property

8.1 Company IP

The Services and all Content, features, and functionality thereof are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

8.2 Trademarks

The Company name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company.

8.3 Feedback

If you provide us with any feedback, suggestions, or ideas regarding the Services ("Feedback"), you hereby assign to us all rights in such Feedback and agree that we shall have the right to use and fully exploit such Feedback in any manner we deem appropriate, without obligation or compensation to you.

9. Prohibited Activities

You may not access or use the Services for any purpose other than that for which we make the Services available. As a user, you agree not to:

• Use the Services in any manner that could disable, overburden, damage, or impair the Services or interfere with any other party's use of the Services.
• Use any robot, spider, scraper, or other automated means to access the Services for any purpose without our express written permission.
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services.
• Use the Services to transmit any unsolicited or unauthorized advertising or promotional material.
• Impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity.
• Engage in any activity that violates any applicable federal, state, local, or international law or regulation.

10. Third-Party Links and Services

The Services may contain links to third-party websites, services, or content that are not owned or controlled by Stakyo, LLC. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that Stakyo, LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

11. Termination

11.1 By You

You may terminate your Account at any time by contacting us at the email address provided below or through the account settings of the applicable Service. Upon termination, your right to use the Services will immediately cease.

11.2 By Us

We may terminate or suspend your Account and access to the Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Upon termination, your right to use the Services will immediately cease.

11.3 Effect of Termination

Upon termination, all licenses and rights granted to you under these Terms will immediately cease. We are not obligated to maintain or provide your User Content after termination and may delete it in accordance with our data retention policies. Any provisions of these Terms that by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

12. Disclaimer of Warranties

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. WE SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

13. Limitation of Liability

13.1

IN NO EVENT SHALL STAKYO, LLC, ITS DIRECTORS, MEMBERS, EMPLOYEES, AGENTS, AFFILIATES, OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, OR ANY OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

13.2

IN NO EVENT SHALL OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE GREATER OF (A) THE AMOUNTS YOU HAVE PAID TO US IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

13.3

THE LIMITATIONS OF THIS SECTION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

14. Indemnification

You agree to defend, indemnify, and hold harmless Stakyo, LLC and its members, managers, officers, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including but not limited to attorney's fees) arising from: (a) your use of and access to the Services; (b) your violation of any term of these Terms; (c) your violation of any third-party right, including without limitation any copyright, property, or privacy right; (d) any claim that your User Content caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the Services.

15. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

16. Dispute Resolution

16.1 Informal Resolution

Before filing a claim against Stakyo, LLC, you agree to try to resolve the dispute informally by contacting us at support@stakyo.com. We will try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 30 days of submission, you or Stakyo, LLC may bring a formal proceeding.

16.2 Jurisdiction

Any legal action of whatever nature brought by either you or us shall be commenced or prosecuted in the state and federal courts located in the State of Delaware, United States. Both parties consent to the exclusive jurisdiction and venue of such courts and waive all defenses of lack of personal jurisdiction and forum non conveniens.

16.3 Class Action Waiver

ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE SHALL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. YOU AGREE THAT YOU WILL NOT SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, REPRESENTATIVE ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH YOU ACT OR PROPOSE TO ACT IN A REPRESENTATIVE CAPACITY.

17. Modifications to Terms

We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason. We will alert you about any changes by updating the "Last Updated" date of these Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms by your continued use of the Services after the date such revised Terms are posted.

18. Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

19. Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter, nor shall the waiver of a breach constitute a waiver of any subsequent breach.

20. Entire Agreement

These Terms, together with the Privacy Policy and any supplemental terms for specific products, constitute the sole and entire agreement between you and Stakyo, LLC regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.

21. Assignment

We may assign or transfer these Terms, in whole or in part, without restriction. You may not assign or transfer any rights or obligations under these Terms without our prior written consent. Any attempted assignment in violation of this section shall be null and void.

22. Contact Us

If you have any questions about these Terms, please contact us at: