Terms & Conditions

Please read these Terms and Conditions ("Terms" or "Terms and Conditions") carefully before using the www.stackbrowser.com website, the Stack desktop application (together, or individually, the "Service") operated by Stackers, Inc. ("Stack", "us", "we", or "our"). For purposes of these Terms, “you” and “your” means you as the user of the Service.

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms, then you do not have permission to access the Service. If you are accessing or using the Service on behalf of a business or entity, then your business or entity is legally and financially responsible for your access to and use of the Service as well as for the use of your account by others affiliated with your entity, including any employees, agents or contractors.

Some of the services mentioned in the "Terms & Conditions" may not be relevant at this stage and may not be possible to use, but due to fast product development, these services may be available at any time. If such services will be launched and publicly accessible then the same terms and conditions will apply. For example, Stack developed a feature called "Spaces" which at this stage is private and only has public link sharing functionality, with no synchronization, but in near future is planned to release collaborated spaces where users will be able to share space between teams. In case the "Collaborated Spaces" feature is released for public use, clauses included in this "Terms & Conditions" will apply.

Definitions: For purposes of these Terms: (i) “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Service; and (ii) “User Content” means any Content that account holders (including you) provide to be made available through the Service.

Our Content Ownership: We do not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, Stack and its licensors exclusively own all right, title and interest in and to the Service and Content (excluding User Content), including all associated intellectual property rights. You acknowledge that the Service and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Service or Content.

Rights in User Content Granted by You: By making any User Content available through the Service, you hereby grant to Stack a non-exclusive, transferable, worldwide, royalty-free license, with the right to sublicense, to use, host, cache, store, reproduce, transmit, publicly display, publicly perform, publish, distribute and modify (for formatting purposes only), your User Content solely in connection with operating and providing the Service and Content to you and, depending on the permission you grant, to other users. Subject to the foregoing license, as between Stack and you, you retain any and all of your rights to your User Content. Stack acknowledges that if you provide Enterprise Content (as defined below), then the ownership of such Enterprise Content may be as set forth in any agreement between you and the Enterprise, and in the absence of such agreement, then as between you and the Enterprise, the Enterprise may own all rights to any such Enterprise Content.

Your Responsibility for User Content: You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Service, nor any use of your User Content by Stack on or through the Service will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

Sharing User Content: You may designate your User Content as “public” (such as posting User Content to a Team space or Enterprise space) or “private”. You agree that User Content you designate as public will be accessible by and be available to other users of the Service to whom you grant access to such publicly designated User Content. Consequently, you understand and agree that such users will have the right to view, comment on and tag your publicly designated User Content. If you grant users additional permissions with respect to your User Content, you understand and agree that such users will, depending on the permissions you grant, have the right to use, publish, display, modify, or duplicate such User Content. You grant Stack all rights necessary to make any of your publicly designated User Content available to other users of the Service and to permit those users to engage in the activities described in this Section with respect to your publicly designated User Content.

Removal of User Content: You can remove your User Content that you designate as private by specifically deleting it. However, some of your User Content may not be completely removed and copies of your User Content may continue to exist on the Service. Additional details with respect to the removal and storage of User Content are set forth in Section 17 (Termination) below.

Rights in Content Granted by Stack: Subject to your compliance with these Terms, Stack grants to you a limited, non-exclusive, non-transferable license, with no right to sublicense, to download, view, copy, display and print the Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.

Monitoring Content: Although we’re not obligated to monitor access to or use of the Service or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Service, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, including User Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

Content submitted, posted or modified by users in the Service is organized into separated sections we refer to as “Spaces.”

There are three general types of Spaces on the Service:

In the Service, you can work across multiple Spaces at once, meaning your single account can access your own Personal Space(s), different Team Space(s), and your employer’s Enterprise Space. Spaces are completely separate, and you won’t be able to link any Content between them (although you can transfer copies of Content from one Space to another). You can also export your User Content from your Spaces for use outside of the Service using our export tool available in our online account management page. Note that exporting or transferring Enterprise Content from an Enterprise’s Space will be managed by the applicable Enterprise administrator, which may or may not allow you to use our export or transfer tools for Enterprise Content from such Enterprise’s Space.

Some parts of the Service are made available on a paid subscription basis ("Subscription(s)"). Subscriptions are available for Personal Spaces, Team Spaces and Enterprise Spaces. Pricing for the Subscriptions is set forth here: https://stackbrowser.com/pricing

You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing Cycles are set on a monthly or yearly basis. Whether you are using monthly or yearly billing, your account may be charged on a monthly basis.

Auto-Renewal: You agree that at the end of each Billing Cycle, your Subscription will automatically renew and your payment method for such Subscription will automatically be charged at the start of each new subscription period for the fees and taxes applicable to that Billing Cycle, under the same conditions as the prior Billing Cycle unless you cancel it or Stack cancels it.

A valid payment method, including credit card, is required to process the payment for your Subscription. You must provide Stack with accurate and complete billing information including full name, address, state, zip code, telephone number, and valid payment method information. By submitting such payment information, you automatically authorize Stack to charge all Subscription fees incurred through your account to any such payment instruments.

Should automatic billing fail to occur for any reason, Stack may attempt to charge the credit card on file one or more times. Should payment continue to fail, the Subscription will be cancelled.

You may cancel your Subscription either through your online account management page or by contacting Stack customer support team at [email protected]

Stack offers or will offer “Team Spaces” that can be accessed by multiple team members. To create a Team Space, you will need to purchase a “Team Subscription”.

Team Subscriptions are charged on a per member and per Team Space basis. That means if the same member is accessing two different Team Spaces, then two different Subscription fees will be charged for that user accessing both Team Spaces. For example, if you are buying a Subscription for two separate Team Spaces with 4 members in each Team Workspace on a monthly Team Subscription of $10 per member, that would be charged as $10 x 8 members or $80/month. If two of those members are overlapping in both Team Spaces, that would still be charged as $80/month.

Certain sections of a Team Space will be designated as accessible by all members of the Team. Any User Content posted to those sections of a Team Space will be accessible by all members of the Team Space. If a member of a Team Space terminates the Service account or ceases to be a member of the Team Space, their User Content posted to those accessible sections of the Team Space will not be removed and will remain accessible by other member of the Team Space.

Members of a Team Space can also designate that certain sections of the Team Space are private only to that member. Any User Content posted by such member to the private sections of the Team Space will be accessible only by that member. If a member of the Team Space terminates their Service account or ceases to be a member of the Team Space, any of their User Content posted to those private sections will be removed and not accessible by any other members of the Team Space.

Stack offers or going to offer “Enterprise Spaces” on the Service that are designed for use by enterprises, employers and other organizations that have multiple teams and require collaborative Spaces with higher levels of support, controls and unlimited revision history for all pages. Enterprise Spaces are not for personal use, but are only available to organizations (such as an employer or another business entity) or their authorized representatives.

To create an Enterprise Space, the applicable organization will need to purchase an “Enterprise Subscription.” An organization that has purchased an Enterprise Subscription will be referred to herein as an “Enterprise”. An Enterprise Subscription can be purchased either directly within the Service interface (in which case their use will be governed by these Terms) or by entering into a separate service agreement, subscription agreement, order form, or similar agreement with Stack. In the event of a conflict between these Terms and such separate agreement with Stack, the terms of such separate agreement will supersede and control with respect to any use of the Enterprise Spaces of that applicable Enterprise.

An Enterprise may invite you to use their Enterprise Space or join the Service as their Enterprise User by sending you an invite link that allows you to create an account on the Service and gain access to the applicable Enterprise Spaces.

As stated in the “Content” section of these Terms, if you submit or post User Content to an Enterprise Space (such User Content, the “Enterprise Content”), then the ownership of such Enterprise Content will be as set forth in any agreement between you and the applicable Enterprise (as defined below) that manages such Enterprise Space, and in the absence of such agreement, then as between you and such Enterprise, the Enterprise will own all rights to any such Enterprise Content that is submitted, posted, stored or made available on its Enterprise Space.

We provide an Enterprise with many other tools and controls over an Enterprise Space and Enterprise Content. For example, an Enterprise may access, delete, edit or export Enterprise Content; enable or disable an Enterprise User’s access to an Enterprise Space; grant access to Enterprise Content to third parties; enable or disable third party integrations; manage an Enterprise User’s permissions, retention and export settings; and these choices and instructions may result in the access, use, disclosure, modification or deletion of certain or all Enterprise Content.

Enterprises are authorized to add and remove users to use their unique Enterprise Spaces. Users that have been authorized to use an Enterprise Space of the Service by an Enterprise are referred to as an “Enterprise User” while they are using such Enterprise Space. If you purchased an Enterprise Subscription on behalf of your organization or employer, your organization or employer is the Enterprise, and not you. The Enterprise can modify and re-assign roles on the Enterprise Space (including your role). If the Enterprise elects to replace you as the representative with ultimate authority for the Enterprise Space, you agree to take any actions reasonably requested by us or the Enterprise to facilitate the transfer of authority to a new representative of the Enterprise.

If you are using an Enterprise Space as an Enterprise User, then you agree that as between Stack and Enterprise, it is Enterprise’s responsibility to (a) inform you as an Enterprise User of any relevant Enterprise policies and practices that may impact the use and processing of your Enterprise Content; and (b) obtain any rights, permissions or consents from you as an Enterprise User that are necessary for the lawful use of your Enterprise Content. Further, if you are using an Enterprise Space as an Enterprise User, you acknowledge that the Service as used by you under such circumstances is a workplace tool intended for use by businesses and organizations and not for consumer purposes. To the maximum extent permitted by law, you hereby acknowledge and agree that consumer laws do not apply in connection with such use of an Enterprise Space as an Enterprise User.

Stack offers or will offer Referrals and Credits to its users. Your account with the Service can accrue credits in a variety of ways (“Account Credits”), for example by referring new users to the Service (“Referral Program”). Account Credits can only be used to offset your Service’s Subscription fees.

Referral Program. You can earn Account Credits by inviting new users to the Service. You will be assigned a personal referral link for referring such new users that can be found at the Earn Credit tab in your account settings page (“Personal Referral Link”). To participate in the Referral Program, you may refer new users who have not previously opened an account on the Service by sending them your Personal Referral Link via email, by tweeting or using other social media services your Personal Referral Link, or by copying your Personal Referral Link and sending it yourself. When a new user signs up and opens a Service account via your Personal Referral Link, both you and the new user will receive Account Credits redeemable to offset Subscription fees.

You and your referred new user will receive the Account Credits amount specified on our Pricing page at the time of the referral. The Account Credits will be credited to your respective Service accounts after your referred new user signs up and opens a Service account via your Personal Referral Link. The maximum total of Account Credits you may receive under the Referral Program may vary and will be specified on our pricing page (“Account Credit Limit”). Once the Account Credit Limit has been reached, you will no longer receive any Account Credits for referrals. For Account Credits to apply, you must have a paid Subscription or first upgrade to a paid Subscription. If you already have a paid Subscription, you may apply Account Credits to the next payment due in your Billing Cycle. If you are upgrading to a paid Subscription, Account Credits may be applied to your new paid Subscription.

To qualify for Account Credits via the Referral Program, the referred new user must (i) be a new Service user that has never created an account on the Service before, (ii) use a Personal Referral Link to sign up for a new Service account. Referring new Service users may not collect referrals by:

By acquiring Account Credits, you agree and acknowledge that we are granting you a limited, revocable license to a digital item, and that the Account Credits are not your personal property. Except as explicitly provided herein, your Personal Referral Link and Account Credits are non-transferable. Account Credits cannot be applied to previous purchases and are not redeemable for cash. All Account Credits are voided immediately upon termination of our Referral Program. We reserve the right to suspend or cancel accounts or remove Account Credits in our sole discretion if we notice any activity that we believe is abusive or fraudulent.

Stack may, at its sole discretion, offer a Subscription with a free trial for a limited period of time ("Free Trial"). If you are on a Free Trial, you may cancel at any time until the last day of your Free Trial by following the cancellation procedures outlined in the Subscription section of these Terms. If you or Stack cancel your Free Trial, you acknowledge and agree that we may delete all of your User Content or data associated with the Space that was assigned to your Free Trial. If you do not cancel your Free Trial, then your Free Trial will be converted to a paid Subscription at the end of the trial period, and you hereby authorize us to charge your credit card or other payment method for continued use of the paid Service under such Subscription. You may then however, cancel your Subscription in accordance with the Subscription section of these Terms.

At any time and without notice, Stack reserves the right to (a) modify the terms and conditions of any Free Trial offer, (b) cancel any Free Trial offer, or (c) cancel any Free Trial subscription at any time.

Stack, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

Stack will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

Fees are stated exclusive of any taxes or similar governmental assessments of any nature, including, for example, value-added, sales, use or withholding taxes, assessable by any jurisdiction (collectively, “Taxes”). You will be responsible for paying all Taxes associated with your Subscription, except for those taxes based on our net income. Should any payment for the Service be subject to withholding tax by any government, you will reimburse us for such withholding tax.

Payment obligations are non-cancelable, and fees paid are non-refundable and there are no credits for partially used Subscription periods.

Certain refund requests for Subscriptions may be considered by Stack on a case-by-case basis and granted in sole discretion of Stack.

By creating an account on our Service, you agree to subscribe to newsletters or marketing materials and other promotional information we may send. However, you may opt out of receiving any, or all, of these marketing communications from us by following the unsubscribe link or instructions provided in any email we send. Please note that we may still send you transactional or administrative messages related to the Service even after you have opted out of receiving marketing communications.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity that is not lawfully available for use, or a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

You may not use the Service if you are 13 years of age or younger. By using the Service, you represent and warrant that you are over the age of 13.

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes on the copyright or other intellectual property rights ("Infringement") of any person or entity. It is our policy, in appropriate circumstances and at our discretion, to disable or terminate the accounts of users who repeatedly Infringe copyrights or intellectual property rights of others.

If you are a copyright owner, or authorized on behalf of one, and you believe that any Content, materials or works uploaded, downloaded or appearing on the Service have been copied in a way that constitutes copyright infringement, you may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our copyright agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

Such notices of copyright infringement should be sent to our copyright agent via physical mail to: Stackers Inc., 251 Little Falls Drive, Wilmington, New Castle County, Delaware, 19808; or via email to [email protected]

Stack offers or will offer services that give users the ability to upload, post, publish, submit or transmit any user content, you may not do any of the following unless applicable laws or regulations prohibit these restrictions, or you have our written permission to do so:

The Service and its Content (excluding User Content), features and functionality are and will remain the exclusive property of Stack and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Stack.

We welcome feedback, comments and suggestions for improvements to the Service (“Feedback”). You acknowledge and expressly agree that any contribution of Feedback does not and will not give or grant you any right, title or interest in the Service or in any such Feedback. All Feedback becomes the sole and exclusive property of Stack, and Stack may use and disclose Feedback in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to Stack any and all right, title and interest (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, moral rights and any and all other intellectual property right) that you may have in and to any and all Feedback.

Our Service may contain links to third party web sites or services that are not owned or controlled by Stack. Our Service may also allow you to import or interface with third party applications or services.

Stack has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that Stack 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 use of or reliance on any such content, goods or services available on or through any such third party web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit or interact with.

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

If you wish to terminate your account, we provide a tool do so. You may request to delete your own Space(s) at any time from within our account management page. Upon requesting to delete a Space, all Content from such Workspace will immediately become inaccessible. After 30 days, the Content (including your User Content) will be deleted from our servers and can no longer be recovered. Similarly, if you delete some (but not all) of the User Content designated as private on your own Workspace, after 30 days, such User Content will be deleted from our servers and can no longer be recovered.

If you are using a Team Space, you will not be able to delete your User Content that you have posted or submitted to the general or shared sections of the Team Space. All Content posted or submitted to the general sections of the Team Space will remain accessible by other members of such Team Space.

If you are using an Enterprise Space as an Enterprise User, you will not be able to delete your Enterprise Content from such Enterprise Space. All such Enterprise Content will remain owned and accessible by the Enterprise within such Enterprise Space.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

You agree to defend, indemnify and hold harmless Stack and its licensee and licensors, 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), resulting from or arising out of (a) your use and access of the Service, by you or any person using your account and password; (b) a breach of these Terms; or (c) your User Content provided to the Service.

IN NO EVENT SHALL STACK, NOR ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (C) ANY CONTENT OBTAINED FROM THE SERVICE; AND (D) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. 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, NON-INFRINGEMENT OR COURSE OF PERFORMANCE.

STACK, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT (A) THE SERVICE WILL FUNCTION UNINTERRUPTED, SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY ERRORS OR DEFECTS WILL BE CORRECTED; (C) THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS.

Some jurisdictions (such as the state of New Jersey) do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages set forth in the “LIMITATION OF LIABILITY” and “DISCLAIMER” sections above, so the limitations above may not apply to you.

These Terms shall be governed and construed in accordance with the laws of California, United States.

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding the Service (except in the case of Enterprises that have entered into a separate agreement with Stack for their Enterprise Subscription).

You may contact us regarding the Service or these Terms at: Stackers Inc., 251 Little Falls Drive, Wilmington, New Castle County, Delaware, 19808 or via email to [email protected]