Log In

+1 787 665-9212

Get Started

Terms of Service: Introduction

Last Updated: 12.23.2024

This Agreement contains a binding arbitration clause and a class action waiver. By agreeing to these Terms of Service, you waive your right to participate in any class action or collective proceeding. Please read this document in its entirety, including the dispute resolution provisions, before accessing the platform.

These Terms of Service govern your subscription to and use of the services provided by Stack (a DBA of Pirate & Fox LLC, operating under the jurisdiction of Puerto Rico). By registering, creating an account, or otherwise accessing and using the platform and associated services, you confirm that:

  1. You have read, understood, and agreed to these Terms of Service.
  2. You are of legal age to form a binding contract with Stack under the laws of Puerto Rico.
  3. The information you have provided during registration is accurate, current, and complete.
  4. You have the authority to accept these Terms on behalf of yourself or any business entity you represent.

If you are using any open-source or third-party components integrated with the platform, those components are governed by their respective terms and not by these Terms of Service.

Once accepted, these Terms, combined with our Privacy Policy and other related agreements where applicable, form a legally binding commitment between you (or your business entity) and Stack. This agreement governs your access to and use of the platform and related services.

Stack reserves the right to revise these Terms at any time, with changes taking effect immediately upon posting. Continued use of the platform signifies your acceptance of the updated Terms.

 

Platform Usage Terms

1. Account Ownership and Registration
Access to the platform requires registering and providing complete, accurate, and up-to-date information. The platform is intended solely for business purposes, trade, craft, or professional use. By accepting these Terms, you are considered the account owner unless acting on behalf of a business entity, in which case the business entity is deemed the account owner.

In disputes regarding account ownership, Stack (a DBA of Pirate & Fox LLC) reserves the right to determine ownership based on verifiable documentation of the underlying business entity. If a resolution cannot be reached, Stack may suspend or terminate the account until a mutual agreement or court order is provided.

2. Lawful Use Only
You and your customers must use the platform exclusively for lawful purposes and in compliance with these Terms. You agree to:

  • Obtain all licenses, permissions, and consents necessary for your business activities on the platform.
  • Ensure your employees, agents, and customers adhere to these Terms and any applicable laws or regulations.
  • Avoid misrepresentation of the platform or its features.
  • Implement your own terms of service to govern your relationships with your customers.

Prohibited actions include but are not limited to:

    • Violating any local, national, or international laws or regulations.
    • Reverse-engineering, decompiling, or attempting to extract the platform’s source code.
    • Granting access to direct competitors of Stack.

3. Responsibilities for Content and Data
You are solely responsible for the content you provide through the platform, ensuring it is lawful, accurate, and does not violate the rights of any third parties. This includes ensuring compliance with data protection laws and implementing appropriate security measures.

4. Age Restriction 
Use of the platform is restricted to individuals 18 years of age or older. By registering, you confirm that you meet this requirement.

5. Customer Relations
Stack is not responsible for your interactions with your customers beyond providing access to the platform. You are accountable for disputes, claims, or liabilities arising from your customer relationships, including reliance on information or content shared through the platform.

6. Consult Legal Counsel
You are encouraged to seek independent legal advice to ensure your business activities comply with these Terms and applicable laws, including those specific to the jurisdiction of Puerto Rico.

Third-Party Services

1. Integration and Responsibility
The platform may provide options to integrate with third-party services. You are responsible for enabling and managing such integrations. By using third-party services through the platform, you authorize Stack to share your data with these third-party service providers as necessary to facilitate the integration.

2. Data Ownership and Consent
You represent and warrant that you have obtained all required permissions and consents to import, share, or process data, including customer data, through any third-party services you connect to the platform.

3. Liability Disclaimer
Stack is not responsible for the actions or omissions of third-party service providers. This includes, but is not limited to:

  • Access to, modification of, or deletion of your data.
  • Any disruptions, errors, or downtime in third-party services.
  • The quality, legality, or authenticity of content or services provided by third parties.

You agree to hold Stack harmless against claims or disputes related to third-party services.

4. Third-Party Terms and Compliance
Your use of third-party services is subject to the terms and conditions of those providers. You are responsible for reviewing and complying with their respective agreements, privacy policies, and other applicable regulations. Your use of third-party services is entirely at your own risk.

5. Integration Updates and Changes
Stack reserves the right to modify or discontinue any integrations with third-party services at its discretion. Changes may impact the functionality or availability of such services within the platform.

6. No Guarantee of Interoperability
Stack makes no representations or guarantees regarding the compatibility or performance of third-party services with the platform.

7. Termination or Suspension
If you terminate or suspend access to your platform account, features tied to third-party services may not be recoverable. Additionally, Stack reserves the right to terminate or suspend access to any third-party services integrated with the platform without liability to you.

Data Protection and Privacy

1. User Responsibilities
You are responsible for ensuring that your platform use complies with all applicable data protection and privacy laws, including obtaining necessary consent from your customers. This includes, but is not limited to:

  • Informing your customers of how their data will be used.
  • Maintaining an accurate and accessible privacy policy that aligns with these Terms.
  • Ensuring your customers affirmatively acknowledge your privacy policy.

2. Data Handling and Compliance
By using the platform, you consent to Stack’s processing of information in accordance with its Privacy Policy. You agree to provide necessary notifications and obtain required permissions for processing data, including customer data, on the platform.

3. Prohibited Data Uses
You may not use the platform to collect or transmit sensitive or regulated data unless explicitly agreed upon in writing by Stack. This includes, but is not limited to:

  • Health information governed by HIPAA.
  • Financial data covered by PCI compliance.
  • Any other data subject to specific regulatory or legal restrictions.

4. Consent for Data Sharing
If you integrate the platform with third-party services, you must ensure that all data shared with those services complies with applicable laws and regulations. You are solely responsible for securing permissions and maintaining compliance when transmitting customer data.

5. Platform Data Use
Stack may analyze aggregated and anonymized data from the platform for the purpose of improving its services. This data will not include personally identifiable information unless explicitly permitted by law and agreed to by you.

6. Data Retention and Deletion
You are responsible for maintaining backup copies of your data. Stack does not guarantee the retention of data shared, stored, or transmitted through the platform. Upon termination of your account, any remaining data may be deleted.

7. Data Security and Breach Notifications
While Stack implements reasonable security measures to protect data on the platform, no system is entirely secure. You agree to notify your customers promptly if their data is affected by a breach caused by your actions or negligence. Stack disclaims any liability for breaches beyond its reasonable control.

8. People Data Labs Usage Policy
If you access data through integrations with People Data Labs or similar services, you must comply with their Acceptable Data Use Policy and any relevant legal requirements. Misuse of such data is strictly prohibited.

Prohibited Uses and Content

1. Lawful Use Only
You and your customers may use the platform only for lawful purposes and in compliance with all applicable laws, regulations, and these Terms. You agree not to engage in, or permit others to engage in, activities that:

  • Violate any local, national, or international laws or regulations.
  • Infringe upon the intellectual property rights or other legal rights of third parties.
  • Facilitate or promote fraudulent, deceptive, or unethical practices.

2. Prohibited Actions
The following actions are strictly prohibited on the platform:

  • Reverse-engineering, decompiling, disassembling, or otherwise attempting to access the platform’s source code.
  • Modifying, adapting, translating, or creating derivative works based on the platform.
  • Circumventing or breaching any security measures implemented by Stack to protect the platform.
  • Using the platform to transmit malicious code, spam, or unauthorized commercial communications.
  • Accessing or using the platform for the purpose of creating a competing product or service.

3. Prohibited Content
You are prohibited from posting, transmitting, or distributing content through the platform that:

  • Is unlawful, defamatory, threatening, abusive, or harassing.
  • Contains explicit, obscene, or graphic depictions of violence or sexual content.
  • Promotes discrimination based on race, ethnicity, religion, gender, disability, or any other protected category.
  • Misleads or deceives users, including false claims about the platform or its services.

4. Customer Oversight
You are responsible for ensuring that your employees, agents, and customers comply with these Terms. You agree to implement and enforce internal policies to monitor their activities on the platform.

5. Breach Consequences
Stack reserves the right to suspend or terminate your account if you, your employees, or your customers engage in any prohibited uses or activities. Any such suspension or termination will occur without liability to Stack for any resulting damages.

6. Right to Monitor and Remove Content
Stack may monitor content shared on the platform to ensure compliance with these Terms. If content is found to violate these Terms, it may be removed without notice or liability. You agree to cooperate with Stack in addressing violations promptly.

7. Reporting Violations
If you suspect prohibited activities or content on the platform, you must report such violations to Stack promptly. Failure to report known violations may result in suspension or termination of your account.

Billing and Payment

1. Fees and Charges
All services provided by Stack are subject to fees, which may include subscription charges, usage-based costs, communication surcharges, and other applicable charges. Fee amounts and billing frequencies are outlined in your subscription plan. Stack reserves the right to adjust fees or charges at its discretion with prior notice.

2. Payment Information
You must provide accurate and complete billing information, including name, address, and valid payment methods. You are responsible for updating your account with any changes to your payment details within 10 days of such changes. Failure to do so may result in suspension or termination of your account.

3. Auto-Renewal and Recurring Payments
Subscription services automatically renew at the end of each billing cycle unless canceled in advance. By agreeing to these Terms, you authorize Stack to charge your designated payment method for recurring fees and any other applicable charges.

4. Wallet and Prepayment
Your account includes a wallet feature for preloading funds to cover services or to facilitate customer rebilling. If enabled, auto-reload settings will deduct funds automatically to maintain a positive balance. In cases of negative balances, Stack reserves the right to charge your payment method on file to cover the deficit.

5. Non-Refundable Fees
All fees are non-refundable, including subscription charges, communication surcharges, and add-on services, regardless of usage. Exceptions to this policy may be granted at Stack’s sole discretion and are not guaranteed.

6. Payment Failures
If a payment attempt fails, Stack will retry the transaction for a period of up to 7 business days. Continued failure to process payment may result in account suspension or termination. You are responsible for any costs associated with failed payments, including chargeback fees or penalties.

7. Disputes and Late Payments
Any disputes regarding charges must be submitted in writing within 30 days of the invoice date. You are required to pay all invoiced amounts while the dispute is under review. Failure to comply may result in waiver of your right to dispute the charges.

8. Taxes and Government Assessments
Fees are exclusive of applicable taxes, including VAT, GST, and other government levies. You are responsible for calculating and remitting taxes associated with your transactions and use of the platform. Stack may collect and remit taxes where required by law.

9. Chargebacks and Customer Disputes
You are solely responsible for handling chargebacks and payment disputes with your customers. Stack assumes no liability for resolving such issues and may require reimbursement for associated fees or penalties.

10. Cancellation and Termination

  • You may cancel your subscription through your account settings or by contacting support.
  • Cancellations take effect at the end of the current billing cycle. No refunds will be provided for partial months or unused services.
  • In cases of account termination, funds remaining in your wallet will be refunded upon request within 30 days, after which unclaimed balances will become the property of Stack.

11. Fee Adjustments and Promotions
Stack reserves the right to modify fee structures, offer promotional pricing, or introduce new charges. Any changes will be communicated in advance, and your continued use of the platform signifies acceptance.

Intellectual Property

1. Platform Content
All content on the platform, including but not limited to text, graphics, software, and design elements, is the exclusive property of Stack (a DBA of Pirate & Fox LLC) or its licensors and is protected by copyright, trademark, and other intellectual property laws. You are granted a non-exclusive, non-transferable, and revocable license to use the platform solely for the purposes outlined in these Terms.

  • Any reproduction, modification, distribution, or unauthorized use of platform content is strictly prohibited.
  • This license does not grant you any ownership rights in the platform or its content.

2. Trademarks
The trademarks, service marks, logos, and trade dress of Stack, including its branding, are the exclusive property of Pirate & Fox LLC. You may not use these marks without prior written consent, except as authorized for white-labeling under specific agreements.

  • Unauthorized use of trademarks or branding in a manner likely to cause confusion, misrepresentation, or harm is strictly prohibited.

3. User Contributions
Any content you upload, share, or create through the platform (“User Contributions”) remains your property. By submitting User Contributions, you grant Stack a worldwide, royalty-free, perpetual, non-exclusive license to use, reproduce, modify, distribute, and display such content for the purposes of providing and improving the platform.

  • You represent and warrant that you own or have the necessary rights to grant this license for your User Contributions.
  • You agree not to upload content that infringes on third-party rights or violates applicable laws.

4. Prohibited Contributions
Content that is illegal, defamatory, obscene, harmful, or otherwise violates the rights of others is strictly prohibited. Stack reserves the right to remove or restrict access to such content without notice.

5. Feedback
If you provide feedback, suggestions, or ideas related to the platform (“Feedback”), you acknowledge and agree that:

  • Your submission of Feedback is voluntary and non-confidential.
  • Stack may use, modify, or incorporate Feedback into its platform or services without obligation to compensate you or seek further approval.

    6. Ownership and Reservation of Rights
    Except as expressly permitted under these Terms, all rights, title, and interest in and to the platform and its content remain the exclusive property of Stack or its licensors. No implied licenses or rights are granted by these Terms.

    Legal Terms

    1. Dispute Resolution
    In the event of a dispute arising from or relating to these Terms or the use of the platform, you agree to resolve such disputes through binding arbitration, as described below, rather than through court proceedings:

    • Arbitration Clause: All disputes will be resolved through confidential arbitration conducted in accordance with the rules of the Puerto Rico jurisdiction, unless otherwise agreed upon in writing.
    • Class Action Waiver: You waive the right to participate in any class or collective actions. Disputes must be resolved on an individual basis.

    2. Limitation of Liability
    Stack (a DBA of Pirate & Fox LLC) is not liable for indirect, incidental, special, or consequential damages, including loss of profits, data, or business opportunities, arising out of or related to the use of the platform or services.

    • Maximum Liability: In no case shall Stack’s liability exceed the total amount paid by you for services in the three (3) months preceding the event giving rise to the claim.

    3. Indemnification
    You agree to indemnify, defend, and hold harmless Stack, its affiliates, employees, and agents from any claims, damages, liabilities, or expenses (including legal fees) arising from:

    • Your breach of these Terms.
    • Your misuse of the platform or services.
    • Your violation of applicable laws or the rights of third parties.

    4. Governing Law and Jurisdiction
    These Terms are governed by the laws of Puerto Rico, without regard to its conflict of law principles. Any arbitration or legal proceeding shall take place in Puerto Rico unless otherwise agreed in writing.

    5. Waiver and Severability

    • No Waiver: Failure by Stack to enforce any provision of these Terms shall not constitute a waiver of its rights.
    • Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

    6. Force Majeure
    Stack shall not be held liable for delays or failure to perform resulting from events beyond its reasonable control, including natural disasters, labor disputes, government actions, or technical failures.

    7. Termination and Survival

    • Termination: Stack reserves the right to terminate your access to the platform at its discretion for violations of these Terms or other reasons deemed necessary.
    • Survival: Provisions regarding indemnity, limitation of liability, intellectual property rights, and dispute resolution shall survive termination of your account or these Terms.

    8. Entire Agreement
    These Terms, along with the Privacy Policy and any additional agreements referenced herein, constitute the entire agreement between you and Stack regarding the platform and supersede all prior agreements, representations, or understandings.

    9. Modifications to Terms
    Stack reserves the right to update or modify these Terms at any time. Any changes will become effective immediately upon posting. Continued use of the platform constitutes your acceptance of the updated Terms.

    International Use and Export Compliance

    1. International Availability
    The platform may be accessible from locations outside Puerto Rico. By accessing the platform from outside Puerto Rico, you are solely responsible for ensuring compliance with local laws, including those related to internet use, content, and data privacy.

    • Jurisdiction-Specific Compliance: If you use the platform outside Puerto Rico, you must adhere to all applicable local, national, and international laws and regulations. This includes tax laws, consumer protection laws, and export regulations.

    2. Export Control Laws
    You agree to comply with all applicable export control and economic sanctions laws, including those administered by the United States Department of Commerce’s Bureau of Industry and Security (BIS) and the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC).

    • You must not use, export, or re-export the platform, its services, or any related technology in violation of these laws.
    • Prohibited jurisdictions include, but are not limited to, Cuba, Iran, North Korea, Syria, and regions subject to sanctions, such as Crimea, Donetsk, and Luhansk.

    3. Restricted Users and Entities
    You represent and warrant that you are not:

    • Listed on any U.S. government prohibited or restricted party lists.
    • A resident, citizen, or entity registered in a jurisdiction subject to embargo or trade restrictions.
    • Using the platform for any military end-use or on behalf of any restricted entity.

    4. Prohibited Transfers and Disclosures
    You agree not to disclose, transfer, download, export, or re-export any data or content from the platform to jurisdictions or individuals restricted by applicable laws. This includes avoiding the export of data or services to countries, entities, or individuals subject to export control restrictions.

    5. User Responsibility
    You are responsible for ensuring that your customers and users comply with these export and import laws. Failure to adhere to these requirements may result in suspension or termination of your account.

    6. Void Offers
    Any offer for services or features of the platform is void where prohibited by law. Stack reserves the right to terminate access to the platform for users in restricted jurisdictions without liability.

    7. Disclaimer
    Stack makes no representation that the platform is appropriate or available for use in all jurisdictions. Accessing the platform from restricted locations is done at your own risk, and you assume responsibility for compliance with local laws.

    Modification and Termination

    1. Platform Changes
    Stack  reserves the right to modify, update, or discontinue the platform or its features at any time and at its sole discretion. Changes may include:

    • Adding, removing, or altering platform functionality.
    • Modifying pricing structures or introducing new services or features.
    • Implementing software updates or security patches.

    Such changes may affect your use of the platform, including integrations with third-party services. Stack will provide notice of significant changes whenever possible, but minor updates may occur without prior notification.

    2. Termination of Account
    Stack reserves the right to terminate or suspend your access to the platform for any of the following reasons:

    • Violation of these Terms or applicable laws.
    • Failure to pay fees or maintain accurate account information.
    • Activities deemed harmful to the platform, its users, or the public interest.
    • Non-compliance with export control or data protection laws.

    Termination may occur without notice in cases of severe or repeated violations.

    3. User-Initiated Termination
    You may terminate your account by submitting a request through your account settings or contacting customer support. Upon termination:

    • All outstanding fees and charges remain payable.
    • Access to the platform and its features will be revoked at the end of the current billing cycle.

    4. Data and Account Recovery
    If your account is terminated or suspended:

    • Stack may delete any data associated with your account after 30 days unless otherwise required by law.
    • Certain features or content may not be recoverable upon reactivation.

    5. Effect of Termination
    Upon termination, your obligations under these Terms, including indemnification, limitation of liability, and intellectual property provisions, shall survive.

    6. Force Majeure Termination
    Stack may terminate or suspend access to the platform due to events beyond its control, such as natural disasters, government actions, labor disputes, or technical disruptions.

    7. No Liability for Termination
    Stack shall not be held liable for any damages, losses, or expenses resulting from the modification, suspension, or termination of your account or access to the platform.

    8. Reactivation
    If your account is eligible for reactivation, you may restore access by resolving any outstanding issues, such as unpaid fees or policy violations. Stack reserves the right to deny reactivation at its sole discretion.

    Governing Law and Jurisdiction

    1. Applicable Law
    These Terms of Service are governed by and construed in accordance with the laws of Puerto Rico, without regard to its conflict of law principles. By using the platform, you agree that Puerto Rico law will apply to all matters relating to these Terms, including any disputes or claims.

    2. Jurisdiction and Venue
    You agree that any legal proceedings arising out of or related to these Terms, the platform, or the services provided by Stack (a DBA of Pirate & Fox LLC) will be resolved exclusively in the courts located in Puerto Rico, unless both parties agree otherwise in writing.

    3. Arbitration Agreement

    • Mandatory Arbitration: Except as otherwise prohibited by law, disputes will be resolved through binding arbitration conducted in Puerto Rico under the applicable arbitration rules. This agreement to arbitrate applies to all disputes, including those related to these Terms, the platform, and your relationship with Stack.
    • Waiver of Jury Trial: By agreeing to arbitration, you waive your right to a trial by jury for any disputes arising under these Terms.

    4. Class Action Waiver
    You agree that any claims or disputes will be resolved on an individual basis and not as part of any class, collective, or representative action. This means that you may not combine your claim with the claims of others or participate in any class or collective proceeding.

    5. Exceptions to Arbitration
    Stack reserves the right to seek equitable relief, including injunctions, in court to protect its intellectual property or enforce these Terms. In such cases, the exclusive jurisdiction will still be Puerto Rico.

    6. Limitations on Claims
    Any claim or cause of action arising out of or related to these Terms or your use of the platform must be filed within three (3) months from the date the claim arose. Failure to do so will result in the claim being permanently barred.

    7. Severability
    If any provision of this section is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

    Beta Features and Feedback

    1. Beta Features
    From time to time, Stack (a DBA of Pirate & Fox LLC) may offer access to beta or early-release features, services, or products (“Beta Features”). By using Beta Features, you acknowledge and agree to the following:

    • Beta Features are provided on an “as is” and “as available” basis without warranties of any kind, express or implied.
    • Beta Features may contain errors, defects, or limitations and are subject to change or discontinuation without notice.
    • Use of Beta Features is entirely at your own risk, and Stack disclaims all liability arising from your use of these features.

    2. Termination of Beta Features
    Access to Beta Features may be terminated by either you or Stack at any time and for any reason. Termination of access to Beta Features does not entitle you to refunds, credits, or compensation of any kind.

    3. Feedback on Beta Features
    If you provide feedback, suggestions, or ideas related to Beta Features (“Feedback”), you agree to the following:

    • Your Feedback is submitted voluntarily and is non-confidential.
    • Stack may use, modify, and incorporate your Feedback into its products or services without obligation to you.
    • You grant Stack a perpetual, worldwide, royalty-free, and irrevocable license to use your Feedback for any purpose.

    4. Ownership of Beta Features
    All intellectual property rights related to Beta Features remain the exclusive property of Stack or its licensors. Your participation in Beta Features does not grant you ownership or rights beyond those expressly stated in these Terms.

    5. No Service Level Commitments
    Beta Features are not subject to the same service levels or commitments as regular features or services provided by the platform. Stack does not guarantee availability, performance, or reliability of Beta Features.

    6. Usage Restrictions

    • You must not misuse Beta Features or use them in a way that violates these Terms or applicable laws.
    • Beta Features may be subject to additional terms, which will be communicated to you prior to use.

    7. Acknowledgment of Risk
    By using Beta Features, you acknowledge that these features are experimental and may be modified or removed at any time. You agree that you will not rely on Beta Features for critical business operations or decision-making.

    Domain Names

    1. Domain Name Purchase
    If you use the platform to purchase a domain name, Stack (a DBA of Pirate & Fox LLC) will act as the listed registrant of the domain on your behalf. Ownership rights will remain with you, subject to your compliance with these Terms.

    2. Use of Domain Names
    You are responsible for using the domain name in accordance with applicable laws and these Terms. This includes:

    • Ensuring the domain does not infringe on the rights of third parties.
    • Maintaining the domain for lawful purposes consistent with the platform’s intended use.

    3. Transfer of Domain Name
    Upon your written request, Stack will transfer the purchased domain to your direct control. A transfer fee may apply, and you are responsible for any costs associated with the transfer. Transfers may be delayed or restricted if you have unresolved payment issues or violations of these Terms.

    4. Indemnification
    You agree to indemnify and hold Stack harmless from any claims, damages, or liabilities arising from your use of the domain name, including but not limited to:

    • Alleged or actual intellectual property infringement.
    • Violations of laws or regulations pertaining to domain registration or use.

    5. Domain Name Management
    You are solely responsible for managing and renewing your domain name. Failure to maintain the domain or pay renewal fees may result in the domain being deactivated or reassigned without liability to Stack.

    6. No Guarantee of Availability
    Stack does not guarantee the availability or continued registration of any domain name. If a requested domain is unavailable, you will be required to select an alternative.

    7. Termination of Platform Services
    If your account is terminated, your associated domain name will remain your responsibility. However, Stackreserves the right to release or deactivate the domain if it remains linked to unpaid services or subscriptions.

    Web Hosting Services

    1. Provision of Hosting Services
    Stack (a DBA of Pirate & Fox LLC) provides managed WordPress web hosting services, including server space, tools, and support for hosting websites. These services are subject to the terms outlined here and in the broader Terms of Service.

    2. Hosting Environment

    • Hosting services are optimized for WordPress websites and may not support other content management systems or custom applications.
    • Performance and uptime are subject to industry standards and the capabilities of the hosting infrastructure, but Stack does not guarantee uninterrupted availability.

    3. Customer Responsibilities

    • You are responsible for managing the content, functionality, and security of your WordPress website, including updating themes, plugins, and configurations.
    • You must not upload or host content that violates applicable laws, infringes on third-party rights, or breaches these Terms.
    • It is your responsibility to maintain backups of your website content and data. While Stack may provide backup tools, no guarantees are made regarding data recovery.

    4. Prohibited Uses
    The hosting services may not be used for:

    • Hosting malicious content, including malware, phishing schemes, or spam.
    • Storing or sharing copyrighted content without proper authorization.
    • Engaging in activities that place undue strain on hosting resources, such as excessive resource consumption or Distributed Denial of Service (DDoS) attacks.

    5. Hosting Performance and Limitations

    • Hosting plans include resource limitations (e.g., storage, bandwidth, CPU usage) as specified in your subscription. Exceeding these limits may result in additional charges or suspension of services.
    • Hosting performance may be impacted by factors outside Stack’s control, such as third-party plugins, themes, or customer configurations.

    6. Data and Security

    • Stack implements reasonable measures to secure its hosting infrastructure; however, you are responsible for securing your WordPress site, including user accounts, passwords, and access settings.
    • Stack disclaims liability for breaches resulting from your actions or negligence.

    7. Termination of Hosting Services

    • Hosting services may be terminated upon cancellation of your account or failure to comply with these Terms.
    • Following termination, your website data may be deleted from the hosting servers. Retrieval or restoration of deleted data is not guaranteed.

    8. No Liability for Downtime

    • While Stack endeavors to provide reliable hosting services, it is not liable for downtime, service interruptions, or data loss caused by factors beyond its reasonable control, including technical issues, maintenance, or cyberattacks.

    9. Migration Services
    If you request migration of an existing website to Stack’s hosting platform, you must provide necessary credentials and information. While Stack will use reasonable efforts to complete migrations, no guarantees are made regarding timeline or success.

    10. Suspension for Violations
    Stack reserves the right to suspend or terminate hosting services for violations of these Terms, including prohibited activities or failure to pay hosting fees. Services may be reinstated upon resolution of the issue at Stack’s discretion.

    11. Hosting Support

    • Hosting support includes assistance with server-related issues, but it does not extend to custom website development, plugin/theme support, or other third-party services.
    • Support requests must be submitted through official support channels.

    Commerce Products and Services

    1. Responsibility for Products and Services
    If you sell products or services using the platform, you are solely responsible for:

    • The accuracy of product descriptions, pricing, and fees.
    • Regulatory compliance, including legal disclosures and tax obligations.
    • Timely fulfillment of customer orders and handling refunds or returns.

    2. Public Information Requirements
    You agree to provide publicly accessible information for your customers, including:

    • Contact details.
    • Refund and return policies.
    • Estimated order fulfillment timelines.

    3. Seller of Record
    You are the seller of record for all transactions conducted through your store. Stack (a DBA of Pirate & Fox LLC) does not act as a merchant of record or a party to the transactions. Any contract of sale is solely between you and your customer.

    4. Compliance with Laws
    You represent and warrant that all products and services sold through the platform comply with applicable laws and regulations. This includes, but is not limited to:

    • Consumer protection laws.
    • Product safety regulations.
    • Licensing and certification requirements.

    5. Platform Limitations
    The platform is a tool to facilitate your commerce activities and is not a marketplace. Stack does not pre-screen your products or services and disclaims liability for:

    • Product defects or inaccuracies.
    • Legal or regulatory violations related to your offerings.
    • Claims made by your customers against you.

    6. Removal of Non-Compliant Materials
    Stack reserves the right to review and remove any materials from your store that violate these Terms or are deemed inappropriate at its sole discretion.

    7. Exclusive Responsibility for Transactions
    You are responsible for all aspects of transactions, including but not limited to:

    • Authorizing charges and processing payments.
    • Handling fraudulent transactions or chargebacks.
    • Resolving disputes with customers.

    8. No Guarantees
    Stack makes no guarantees regarding the success of your commerce activities on the platform. Any reliance on the platform to generate sales or income is at your own risk.

    9. Competition and Exclusivity
    Stack retains the right to provide the platform and services to your competitors. Stack’s employees, affiliates, or contractors may also use the platform for commerce purposes and may compete with you.

    Code of Conduct

    1. General Conduct
    When using the platform, you agree to conduct yourself in a manner that is lawful, ethical, and respectful of others. You must not engage in activities that:

    • Violate any applicable laws, regulations, or these Terms.
    • Harm or attempt to harm other users, customers, or third parties.
    • Interfere with or disrupt the operation of the platform or services provided by Stack (a DBA of Pirate & Fox LLC).

    2. Prohibited Behaviors
    The following actions are strictly prohibited:

    • Using the platform to harass, abuse, or intimidate others.
    • Posting or transmitting content that is defamatory, obscene, discriminatory, or otherwise harmful.
    • Engaging in fraudulent, deceptive, or illegal activities.
    • Sharing login credentials or allowing unauthorized access to your account.
    • Attempting to bypass security measures, reverse-engineer the platform, or exploit vulnerabilities.

    3. Misuse of Services
    You are prohibited from using the platform in ways that negatively impact other users or the integrity of the platform, including but not limited to:

    • Excessive or abusive use of resources.
    • Spamming, phishing, or distributing malware.
    • Impersonating other users or entities.

    4. Respect for Intellectual Property
    You must respect the intellectual property rights of Stack and third parties. Unauthorized use, reproduction, or distribution of copyrighted content, trademarks, or proprietary materials is strictly prohibited.

    5. Enforcement Actions
    If Stack determines that you have violated this Code of Conduct, it reserves the right to:

    • Suspend or terminate your account.
    • Remove or restrict access to content deemed harmful or inappropriate.
    • Report illegal activities to the appropriate authorities.

    6. Reporting Violations
    Users are encouraged to report any violations of this Code of Conduct to Stack. Reports can be made through the platform’s support system or by contacting customer service directly.

    7. No Liability for Enforcement
    Stack assumes no liability for actions taken in response to violations of this Code of Conduct, including account suspension, content removal, or legal reporting.

    8. Changes to the Code of Conduct
    Stack reserves the right to update or modify this Code of Conduct at its discretion. Continued use of the platform after updates constitutes acceptance of the revised terms.

    Limitation of Liability and Indemnification

    1. Limitation of Liability
    To the fullest extent permitted by law, Stack (a DBA of Pirate & Fox LLC) and its affiliates, officers, employees, and agents are not liable for:

    • Indirect, incidental, special, punitive, or consequential damages.
    • Loss of profits, revenue, data, or business opportunities.
    • Damages resulting from errors, omissions, interruptions, defects, or any failure of performance.

    2. Maximum Liability: In no event shall Stack’s total liability to you for all claims exceed the total fees paid by you for services in the three (3) months preceding the event giving rise to the claim.

    3. Exclusions
    Certain jurisdictions may not allow the exclusion or limitation of liability for consequential or incidental damages. In such cases, the above limitations may not apply to you. Consult the laws of your jurisdiction for guidance.

    4. Indemnification
    You agree to defend, indemnify, and hold Stack, its affiliates, officers, employees, and agents harmless from and against any claims, damages, liabilities, costs, or expenses (including reasonable attorneys’ fees) arising out of:

    • Your breach of these Terms.
    • Your misuse of the platform or services.
    • Violations of applicable laws or regulations.
    • Claims from your customers or third parties related to your use of the platform.
    • Infringement of intellectual property or other rights by you or your users.

    5. Notice and Cooperation
    In the event of a claim, Stack will provide you with notice of the claim and reasonable cooperation to address the issue. You are required to respond promptly and work in good faith to resolve the matter.

    6. Force Majeure
    Stack shall not be held liable for any failure or delay in performance caused by events beyond its reasonable control, including natural disasters, acts of government, labor disputes, or technical failures.

    7. No Warranty Disclaimer

    • The platform is provided “as is” and “as available” without warranties of any kind, express or implied.
    • Stack disclaims all warranties, including merchantability, fitness for a particular purpose, and non-infringement.
    • Stack does not guarantee uninterrupted, secure, or error-free use of the platform.

    8. Acknowledgment of Risk
    By using the platform, you acknowledge and agree that Stack is not responsible for losses or damages caused by:

    • Unauthorized access to your account.
    • Use of third-party services.
    • Any decisions made based on platform-provided data.

    9. Survival
    The provisions of this section, including limitations of liability and indemnification obligations, shall survive the termination of your account or these Terms.

    Miscellaneous Provisions

    1. Entire Agreement
    These Terms, along with the Privacy Policy and any additional agreements referenced herein, constitute the entire agreement between you and Stack (a DBA of Pirate & Fox LLC) concerning the platform. This agreement supersedes all prior and contemporaneous understandings, agreements, or representations.

    2. No Waiver
    The failure of Stack to enforce any provision of these Terms does not constitute a waiver of its rights. Any waiver must be in writing and signed by an authorized representative of Stack.

    3. Severability
    If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect. The invalid or unenforceable provision will be replaced by a valid provision that most closely matches the intent of the original.

    4. Assignment

    • Stack may assign or transfer its rights and obligations under these Terms without notice or consent.
    • You may not assign or transfer your rights or obligations without prior written consent from Stack.

    5. Notices
    Notices under these Terms will be sent by email to the address associated with your account or posted on the platform. It is your responsibility to ensure your contact information is current.

    6. Force Majeure
    Stack will not be held liable for delays or failures in performance caused by events beyond its reasonable control, including but not limited to natural disasters, governmental actions, labor disputes, or technical disruptions.

    7. Relationship of the Parties
    These Terms do not create any partnership, joint venture, employment, or agency relationship between you and Stack. Both parties act as independent contractors.

    8. Headings and Interpretation
    Section headings are provided for convenience only and do not affect the interpretation of these Terms.

    9. Governing Language
    These Terms are provided in English, and any translations are for convenience only. In the event of discrepancies, the English version will govern.

    10. Third-Party Beneficiaries
    These Terms do not confer any rights or remedies upon any third party other than the parties to this agreement.

    11. Time Limit for Claims
    Any claims or causes of action you may have related to the platform must be filed within three (3) months of the occurrence of the event giving rise to the claim. Claims filed after this period will be permanently barred.

    12. Modifications
    Stack reserves the right to amend these Terms at any time. Changes will take effect immediately upon posting. Continued use of the platform after changes signifies your acceptance of the updated Terms.