Last Updated: February 21, 2025
IMPORTANT: PLEASE READ THESE TERMS OF SERVICE ("TERMS") CAREFULLY. BY ACCESSING OR USING OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS.
1. DEFINITIONS
As used in these Terms, the following terms shall have the meanings set forth below:
1.1 "Company" means Stonecraft Media and its affiliates, successors, and assigns.
1.2 "Services" means the software applications, associated websites, documentation, support services, and related offerings provided by Company in connection with the App Marketplace.
1.3 "User" or "You" means any individual or entity accessing or using the Services.
1.4 "App(s)" means the software application(s) and all associated components offered by Company through the App Marketplace.
1.5 “App Marketplace” means the online platform where the App(s) is/are offered for installation and use.
2. ACCEPTANCE OF TERMS
2.1 By accessing or using the Services, User expressly acknowledges and agrees to be bound by these Terms, the Privacy Policy, and the End User License Agreement - EULA, which are incorporated herein by reference.
2.2 If User does not agree to these Terms, User shall immediately cease all access to and use of the Services.
2.3 By agreeing to these Terms, you represent that you are of legal age and have the authority to enter into this agreement on behalf of yourself or the entity you represent.
3. SERVICE DESCRIPTION AND ACCESS
3.1 Company provides various software applications, including visual widgets and tools, for implementation on authorized websites through the App Marketplace. The specific features and functionality of each App are described in the App Marketplace listing.
3.2 User acknowledges that access to the Services requires:
(a) An active subscription through the App Marketplace;
(b) Compliance with all applicable terms and conditions;
(c) Maintenance of accurate account information.
3.3 The Services are provided on an "as-is" and "as-available" basis. Company does not guarantee uninterrupted or error-free access to the Services.
4. USER OBLIGATIONS
4.1 User hereby agrees to:
(a) Provide accurate and complete account information;
(b) Maintain the security and confidentiality of access credentials;
(c) Use the Services in compliance with all applicable laws and regulations;
(d) Promptly report any technical issues or unauthorized access.
4.2 Prohibited Uses: User agrees not to use the Services for any unlawful purpose or in any way that could damage, disable, overburden, or impair the Services or interfere with any other party's use of the Services.
4.3 Data Privacy: User is responsible for ensuring that their use of the App and Services complies with all applicable data privacy regulations. If an App collects any user data, User is responsible for providing appropriate notice and obtaining consent as required by law and your privacy policy.
5. INTELLECTUAL PROPERTY
5.1 All rights, title, and interest in and to the Services, including all intellectual property rights, shall remain with Company.
5.2 Nothing in these Terms shall be construed as granting User any ownership rights in the Services.
5.3 License Grant: Subject to these Terms and payment of applicable fees, Company grants User a limited, non-exclusive, non-transferable, and revocable license to use the App solely as intended and as described in the App Marketplace listing.
6. MODIFICATIONS AND UPDATES
6.1 Company reserves the right, at its sole discretion, to:
(a) Modify these Terms at any time;
(b) Update the Services without notice;
(c) Change pricing with thirty (30) days advance notice;
(d) Modify or discontinue features.
6.2 For material changes to these Terms or pricing, Company will endeavor to provide User with reasonable advance notice, such as through email or notifications within the App Marketplace; however, it is User's responsibility to periodically review the Terms for updates.
7. TERMINATION
7.1 Company may terminate or suspend access to the Services immediately, without prior notice or liability, for any reason whatsoever.
7.2 Upon termination, User's right to use the Services shall immediately cease.
7.3 User Termination: User may terminate their subscription to the Services through the App Marketplace's cancellation process.
7.4 Effects of Termination: Upon termination for any reason:
(a) User’s access to the App(s) will cease immediately;
(b) Company shall have no obligation to provide a refund for any unused portion of the subscription period;
(c) User is responsible for removing the App(s) from any websites where it has been implemented.
7.5 Survival: Sections 5, 8, 9, 10 and any provisions that by their nature should survive termination, shall survive any termination of these Terms.
8. DISCLAIMER OF WARRANTIES
8.1 THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.
8.2 COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
8.3 User acknowledges and agrees that the entire risk as to the quality and performance of the Services is solely with User.
9. LIMITATION OF LIABILITY
9.1 IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.
9.2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY'S TOTAL LIABILITY TO USER FOR ANY DIRECT DAMAGES ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL BE LIMITED TO THE AMOUNT OF FEES PAID BY USER TO COMPANY FOR THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.
10. GOVERNING LAW
10.1 These Terms shall be governed by and construed in accordance with the laws of the State of Kansas, without regard to its conflict of law provisions.
11. SEVERABILITY
11.1 If any provision of these Terms is held to be unenforceable or invalid, such provision shall be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions shall continue in full force and effect.
12. ENTIRE AGREEMENT
12.1 These Terms constitute the entire agreement between User and Company regarding the use of the Services and supersede all prior and contemporaneous written or oral agreements.
13. CONTACT INFORMATION
13.1 Questions about these Terms should be sent to [email protected].