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Terms of Use and Service

Effective Date: February 1, 2023

We are glad that you are here.

We want everyone to have a good experience using StackFactor's website and learning productivity tools. These Terms of Service (the “Terms”) govern your access and use of StackFactor learning productivity tools, applications, integrations, platform, and website (the “Services”). Please read them carefully and make sure that you understand them.

First things First

These Terms are a legally binding contract between you and StackFactor. Our Acceptable Use Policy, you confirm that you have read, understand and agree to be bound by the Terms and the Acceptable Use Policy (below) is incorporated by reference into these Terms. If you access or use the Services, or continue accessing or using the Services after being notified of a change to the Terms or the Acceptable Use Policy, you confirm that you have read, understand and agree to be bound by the Terms and the Acceptable Use Policy,. “We”, “our”, and “us” currently refers to StackFactor and any of its subsidiaries or assigns.

These Terms are effective upon your initial consent. Most of the time, this is the moment you first click “I agree” (or similar button or checkbox) or use or access a Cloud Product, whichever is happens first (the “Effective Date”). These Terms apply to paid products and services, whether or not you are the entity who paid for the Services, as well as any free, trial, or add-on Services we provide. These Terms do not have to be otherwise physically or digitally signed in order to be binding.

This means that these Services apply to everyone who accesses or uses the Services unless otherwise explicitly stated.

Customers and Authorized Users Explained

If you have created a personal StackFactor account, you are both a “Customer” and an “Authorized User” of your Learning Space. If you are an employee who received access to or was invited to use the Services, then you are an Authorized User on an account controlled by a Customer. The same is true of you are a friend, associate, group member, or otherwise associated with an entity that has created a Learning Space.

Customer has separately agreed to our Customer Terms of Service or entered into a written agreement with us or our affiliate(s) (in either case, the “Contract”) that permitted Customer to create and configure a Learning Space so that you and others could join (each invitee granted access to the Services, including you, is an “Authorized User”). The Contract contains our commitment to deliver the Services to Customer, who may then invite Authorized Users to join its Learning Space(s). When an Authorized User (including, you) submits content or information to the Services, such as messages or files (“Customer Data”), you acknowledge and agree that the Customer Data is owned by Customer and the Contract provides Customer with many choices and control over that Customer Data. For example, Customer may provision or deprovision access to the Services, enable or disable third party integrations, manage permissions, retention and export settings, transfer or assign Learning Spaces, share training plans, or consolidate your Learning Space or plans with other Learning Spaces, and these choices and instructions may result in the access, use, disclosure, modification, or deletion of certain or all Customer data.

But since StackFactor allows for the creation of personal accounts, Authorized Users can link their achievements and results in one Learning Space to their personal account in order to keep a more permanent record of learning achievements that are directly related to them and without accessing the proprietary data of the Customer … and we advise everyone to do so.

The Relationship Between You, Customer, and Us

AS BETWEEN US AND CUSTOMER, YOU AGREE THAT IT IS SOLELY CUSTOMER'S RESPONSIBILITY TO (A) INFORM YOU AND ANY AUTHORIZED USERS OF ANY RELEVANT CUSTOMER POLICIES AND PRACTICES AND ANY SETTINGS THAT MAY IMPACT THE PROCESSING OF CUSTOMER DATA; (B) OBTAIN ANY RIGHTS, PERMISSIONS OR CONSENTS FROM YOU AND ANY AUTHORIZED USERS THAT ARE NECESSARY FOR THE LAWFUL USE OF CUSTOMER DATA AND THE OPERATION OF THE SERVICES; (C) ENSURE THAT THE TRANSFER AND PROCESSING OF CUSTOMER DATA UNDER THE CONTRACT IS LAWFUL; AND (D) RESPOND TO AND RESOLVE ANY DISPUTE WITH YOU AND ANY AUTHORIZED USER RELATING TO OR BASED ON CUSTOMER DATA, THE SERVICES OR CUSTOMER'S FAILURE TO FULFILL THESE OBLIGATIONS. STACKFACTOR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, TO YOU RELATING TO THE SERVICES, WHICH ARE PROVIDED TO YOU ON AN “AS IS” AND “ AS AVAILABLE” BASIS.

The Important Basics

The Services are not intended for, and should not be used by, anyone under the age of sixteen or to the extent required or banned by applicable law and jurisdiction. You certify that you are the intended recipient of Customer's invitation to the Services and that you are at least sixteen years old. If any of the certifications in this paragraph are untrue, you are not permitted to access or use the Services for any reason.

To help ensure a safe and productive learning environment, all Authorized Users must comply with our Acceptable Use Policy and any applicable policies established by Customer. If you see inappropriate behavior or content, please report it to the Customer.

These Terms remain effective until Customer's subscription for you expires or terminates, or your access to the Services has been terminated by Customer or us. Please contact Customer if you at any time or for any reason wish to terminate your account, including due to a disagreement with any updates to these Terms or the Acceptable Use Policy.

Acceptable Use

Limitation of Liability

If we believe that there is a violation of the Contract, Terms, the Acceptable Use Policy, or any of our other policies that can simply be remedied by Customer's removal of certain Customer Data or taking other action, we will, in most cases, ask Customer to take action rather than intervene. We may directly step in and take what we determine to be appropriate action (including disabling your account) if Customer does not take appropriate action or we believe there is a credible risk of harm to us, the Services, Authorized Users, or any third parties. IN NO EVENT WILL YOU OR WE HAVE ANY LIABILITY TO THE OTHER FOR ANY LOST PROFITS OR REVENUES OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER OR PUNITIVE DAMAGES HOWEVER CAUSED, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNLESS YOU ARE ALSO A CUSTOMER (AND WITHOUT LIMITATION TO OUR RIGHTS AND REMEDIES UNDER THE CONTRACT), YOU WILL HAVE NO FINANCIAL LIABILITY TO US FOR A BREACH OF THESE TERMS. OUR MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY BREACH OF THE TERMS IS ONE HUNDRED DOLLARS ($100) IN THE AGGREGATE. THE FOREGOING DISCLAIMERS WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW AND DO NOT LIMIT EITHER PARTY’S RIGHT TO SEEK AND OBTAIN EQUITABLE RELIEF.

Survival

The sections titled “The Relationship Between You, Customer, and Us,” “Limitation of Liability,” and “Survival,” and all of the provisions under the general heading “General Provisions” will survive any termination or expiration of the Terms.

General Provisions

Notices

Except as otherwise set forth herein, all notices under the Terms will be by email, although we may instead choose to provide notice to Authorized Users through the Services. Notices to StackFactor should be sent to contact@stackfactor.ai. A notice will be deemed to have been duly given (a) the day after it is sent, in the case of a notice sent through email; and (b) the same day, in the case of a notice sent through the Services. Notices under the Contract will be delivered solely to Customer in accordance with the terms of that agreement.

Privacy Policy

Please review our Privacy Policy for more information on how we collect and use data relating to the use and performance of our products.

Modification

As our business evolves, we may change these Terms or the Acceptable Use Policy. If we make a material change to the Terms or the Acceptable Use Policy, we will provide you with reasonable notice prior to the change taking effect either by emailing the email address associated with your account or by messaging you through the Services. You can review the most current version of the Terms at any time by visiting this page, and by visiting the following for the most current versions of the other pages that are referenced in these Terms: Acceptable Use Policy and Privacy Policy . Any material revisions to these Terms will become effective on the date set forth in our notice, and all other changes will become effective on the date we publish the change. If you use the Services after the effective date of any changes, that use will constitute your acceptance of the revised terms and conditions.

Waiver

No failure or delay by either party in exercising any right under the Terms, including the Acceptable Use Policy, will constitute a waiver of that right. No waiver under the Terms will be effective unless made in writing and signed by an authorized representative of the party being deemed to have granted the waiver.

Severability

The Terms, including the Acceptable Use Policy, will be enforced to the fullest extent permitted under applicable law. If any provision of the Terms is held by a court of competent jurisdiction to be contrary to law, the provision will be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of the Terms will remain in effect.

Assignment

You may not assign any of your rights or delegate your obligations under these Terms, including the Acceptable Use Policy, whether by operation of law or otherwise, without the prior written consent of us (not to be unreasonably withheld). We may assign these Terms in their entirety (including all terms and conditions incorporated herein by reference), without your consent, to a corporate affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets.

Governing Law, Venue, and Fees

StackFactor is incorporated in the state of Delaware, United States of America, which will be the exclusive point of governing jurisdiction. The Terms, including the Acceptable Use Policy, and any disputes arising out of or related hereto, will be governed exclusively by the applicable governing law of the State of Delaware.

Each party hereby consents and submits to the exclusive jurisdiction of such courts. In any action or proceeding to enforce rights under the Terms, the prevailing party will be entitled to recover its reasonable costs and attorney's fees.

Entire Agreement

The Terms, including any terms incorporated by reference into the Terms, constitute the entire agreement between you and us and supersede all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter. To the extent of any conflict or inconsistency between the provisions in these Terms and any pages referenced in these Terms, the terms of these Terms will first prevail; provided, however, that if there is a conflict or inconsistency between the Contract and the Terms, the terms of the Contract will first prevail, followed by the provisions in these Terms, and then followed by the pages referenced in these Terms (e.g., the Privacy Policy). Customer will be responsible for notifying Authorized Users of those conflicts or inconsistencies and until such time the terms set forth herein will be binding.

Contacting StackFactor

Please also feel free to contact us if you have any questions about StackFactor's Terms of Service. You may contact us at contact@stackfactor.ai or at our mailing address below:

StackFactor Inc.
3491 Lake McGinnis Dr.
Suwanee GA, 30024
USA

Acceptable Use Policy

Effective Date: February 1, 2023

The Acceptable and Unacceptable uses of Services are outlined in this Acceptable Use Policy. We reserve the right to suspend or terminate your access if we suspect that a violation of the policy is intentional, repeated, or poses a real danger of harm to other users, our clients, the Services, or any third parties. Please check back frequently for updates and adjustments as this policy may change.

Acceptable Use

  • Comply with all Terms of Service, including the terms of this Acceptable Use Policy.
  • Comply with all applicable laws and governmental regulations, including, but not limited to, all intellectual property, data, privacy, and export control laws, and regulations promulgated by any government agencies with just jurisdiction.
  • Upload and disseminate only Customer Data to which Customer owns all required rights under law and under contractual and fiduciary relationships and do so only consistent with applicable law.
  • Use commercially reasonable efforts to prevent unauthorized access to or use of the Services.
  • Keep passwords and all other login information confidential and secure.
  • Monitor and control all activity conducted through your account in connection with the Services.
  • Promptly notify us if you become aware of or reasonably suspect any illegal or unauthorized activity or a security breach involving your accounts or teams, including any loss, theft, or unauthorized disclosure or use of a username, password, or account.
  • Comply in all respects with all applicable terms of the third-party applications, including any that Customer elects to integrate with the Services that you access or subscribe to in connection with the Services.

Unacceptable Use

  • Permit any third party that is not an Authorized User to access or use a username or password for the Services.
  • Share, transfer, or otherwise provide access designated for you to another person.
  • Use the Services to store or transmit any Customer Data that may infringe upon or misappropriate someone else's trademark, copyright, or other intellectual property, or that may be tortious or unlawful.
  • Upload to, or transmit from, the Services any data, file, software, or link that contains or redirects to a virus, Trojan horse, worm, or other harmful component or a technology that unlawfully accesses or downloads content or information stored within the Services or on the hardware of StackFactor or any third party.
  • Attempt to reverse engineer, decompile, hack, disable, interfere with, disassemble, modify, copy, translate, or disrupt the features, functionality, integrity, or performance of the Services (including any mechanism used to restrict or control the functionality of the Services), any third party use of the Services, or any third party data contained therein (except to the extent such restrictions are prohibited by applicable law).
  • Attempt to gain unauthorized access to the Services or related systems or networks or to defeat, avoid, bypass, remove, deactivate, or otherwise circumvent any software protection or monitoring mechanisms of the Services.
  • Access the Services in order to build a similar or competitive product or service or copy any ideas, features, functions, or graphics of the Services.
  • Use the Services in any manner that may harm minors or that interacts with or targets people under the age of sixteen.
  • Engage in activity that incites or encourages violence or hatred against individuals or groups for any reason whatsoever.
  • Impersonate any person or entity, including, but not limited to, an employee of ours, an “Administrator”, an “Owner”, a Customer, or any other Authorized User, or falsely state or otherwise misrepresent your affiliation with a person, organization or entity.
  • Use the Services to provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act or other laws and regulations concerning national security, defense, or terrorism;
  • Access, search, or create accounts for the Services by any means other than our publicly supported interfaces (e.g., scraping data, harvesting content, or using the Services in an Artificial Intelligence and/or Machine Learning training model).
  • Send unsolicited communications, promotions, advertisements, or spam communications of any kind.
  • Sublicense, resell, time share, or similarly exploit the Services.
  • Access or use the Services on behalf of, or for the benefit of, any Patent Assertion Entity.
  • Use contact or other user information obtained from the Services (including email addresses) to contact Authorized Users outside of the Services without their express permission or authority.
  • Authorize, permit, enable, induce, or encourage any third party to do any of the above.

Contacting StackFactor

Please also feel free to contact us if you have any questions about StackFactor's Terms of Service. You may contact us at contact@stackfactor.ai or at our mailing address below:

StackFactor Inc.
3491 Lake McGinnis Dr.
Suwanee GA, 30024
USA