Terms of Service
Digital Stack AI
Terms and Conditions
Last updated: 28th March, 2024
1. AGREEMENT TO TERMS
These Terms and Conditions, together with the Service Agreement, constitute a legally binding agreement made between the Client identified in the Service Agreement and Digital Stack Media LLC (“Digital Stack AI”), concerning Client’s access to and use of the https://digitalstackmedia.com/ (the “Site”). Client agrees that by accessing the Site, Client has read, understood, and agreed to be bound by all of these Terms and Conditions. Digital Stack AI reserves the right, in its sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason. Digital Stack AI will post the updated Terms and Conditions on the Site. Client will be subject to, and deemed to be aware of and to have accepted, any revised Terms and Conditions if Client continues to use the Site after the date such revised Terms and Conditions are posted.
2. CLIENT ACCESS AND CLIENT DATA
Digital Stack AI hereby grants Client a non‑exclusive, non‑transferable right to access the Site and use the Services during the term, solely for use by Client’s authorized users in accordance with these Terms and Conditions. Such use is limited to Client’s internal business use. Digital Stack AI shall provide Client the necessary passwords and network links or connections to allow Client to access the Site. For security purposes, the total number of authorized users will not exceed five, except as expressly agreed to in writing by the Parties. Digital Stack AI acknowledges that, as between Digital Stack AI and Client, Client owns all right, title, and interest, including all intellectual property rights, in and to Client’s data uploaded to the Site. Client hereby grants to Digital Stack AI a non‑exclusive, royalty‑free, worldwide license to reproduce, distribute, use, and display the Client data solely to the extent necessary for Digital Stack AI to provide the Services to Client. Notwithstanding the foregoing, all knowledge that Digital Stack AI’s artificial intelligence model creates or adapts from learning about Client’s business and the Services provided to Client shall be the property of Digital Stack AI.
3. DIGITAL STACK AI’S INTELLECTUAL PROPERTY RIGHTS
Client acknowledges that, as between Client and Digital Stack AI, Digital Stack AI owns all right, title, and interest, including all intellectual property rights, in and to Digital Stack AI’s intellectual property, which includes all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos on the Site (the “Marks”), all of which are protected by copyright and trademark laws, as well as other intellectual property rights and unfair competition laws. Client shall not use the Services or Site beyond the scope of access granted in these Terms and Conditions and shall not permit its authorized users to:
(i) Copy, modify, or create derivative works of the Services or Site;
(ii) Rent, lease, lend, sell, license, sublicense, assign, distribute, publish, transfer, or otherwise make available the Services or Site;
(iii) Reverse engineer, disassemble, decompile, decode, adapt, or derive access to any software component of the Services;
(iv) Remove any proprietary notices from the Services or Site.
4. CLIENT REPRESENTATIONS
By using the Site, Client represents and warrants that:
All registration information submitted will be true, accurate, current, and complete;
Client will maintain the accuracy of such information and promptly update as necessary;
Client will comply with these Terms and Conditions;
Client will not access the Site through automated or non‑human means;
Client will not use the Site for any illegal or unauthorized purpose;
Client’s use will comply with applicable law;
Client has obtained required consents (e.g., TCPA) from prospective customers to allow Digital Stack AI to contact them on Client’s behalf.
If Client provides untrue, inaccurate, incomplete, or outdated information, Digital Stack AI may suspend or terminate Client’s account and prohibit future use.
5. CLIENT REGISTRATION
Client must register to use the Site. Client is responsible for maintaining password security and for all account usage. Digital Stack AI reserves the right to remove, reclaim, or change any username deemed inappropriate or objectionable.
6. CONFIDENTIALITY
From time to time during the Term, either Party (as the “Disclosing Party”) may disclose to the other (“Receiving Party”) confidential information relating to business affairs, services, intellectual property, trade secrets, or other proprietary materials, including the terms of this Agreement (collectively, “Confidential Information”). Confidential Information does not include information that:
(a) becomes public without breach by Receiving Party;
(b) is received from a third party not under obligation of confidentiality;
(c) was already known to Receiving Party;
(d) is independently developed without use of Disclosing Party’s information;
(e) is required to be disclosed by law.
Receiving Party shall, for three (3) years from receipt:
(x) protect the confidentiality of Disclosing Party’s information with at least commercially reasonable care;
(y) use it only to perform obligations under this Agreement;
(z) limit disclosure only to representatives who need access to carry out these obligations and remain responsible for any breach caused by them.
If a separate NDA exists, it supersedes this Section with respect to Confidential Information.
7. CANCELLATION
If Services are terminated by either Party, Client shall pay for all appointments scheduled through the Services through the effective termination date.
8. PROHIBITED ACTIVITIES
Client may not:
Use Site information to harass, abuse, or harm others;
Use Site inconsistently with applicable laws or regulations;
Upload viruses or harmful code;
Use automated scripts, bots, scrapers, or data extraction tools;
Impersonate others or use another’s username;
Interfere with the Site’s operation or infrastructure;
Harass or threaten employees or agents of Digital Stack AI;
Bypass security measures;
Copy or adapt Site software;
Reverse engineer Site components;
Launch automated systems or unauthorized scripts;
Use the Site to compete with Digital Stack AI.
9. WARRANTIES AND WARRANTY DISCLAIMER
Digital Stack AI warrants that the Services (i) comply with applicable laws and (ii) are free from known viruses or malicious code. EXCEPT FOR THESE WARRANTIES, THE SERVICES ARE PROVIDED “AS IS.” DIGITAL STACK AI DISCLAIMS ALL OTHER WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON‑INFRINGEMENT.
10. SUBMISSIONS
Any suggestions, feedback, or ideas provided by Client (“Submissions”) are non‑confidential and become the sole property of Digital Stack AI, including all intellectual property rights. Digital Stack AI may use them freely for any purpose without acknowledgment or compensation. Client warrants that Submissions are original or that Client has right to submit them and waives all rights regarding their use.
11. PRIVACY POLICY
Please review Digital Stack AI’s Privacy Policy: [YOUR PRIVACY POLICY URL]. By using the Site, Client agrees to be bound by the Privacy Policy, which is incorporated into these Terms. The Site is hosted in the U.S., and by using it, Client consents to transfer and processing of data in the U.S.
12. TERMINATION BY DIGITAL STACK AI
Without limiting other termination rights, Digital Stack AI may deny access to the Site, block IP addresses, or terminate Client’s account at any time, without notice or liability, for any reason, including breach of these Terms. If terminated, Client may not register again under any name. Digital Stack AI reserves the right to pursue legal remedies, including civil, criminal, or injunctive relief.
13. MODIFICATIONS AND INTERRUPTIONS
Digital Stack AI may change, remove, or update Site content, and may suspend or discontinue part or all of the Site without notice. Client agrees Digital Stack AI is not liable for any inconvenience, downtime, or loss resulting from such actions.
14. GOVERNING LAW
These Terms and Client’s use of the Site are governed by and construed according to the laws of the State of Texas, without regard to conflicts of law principles. The UN Convention on the Sale of Goods does not apply.
15. DISPUTE RESOLUTION
Informal Negotiations
Parties shall attempt to resolve any Dispute by informal negotiations for at least thirty (30) days following written notice, except for Disputes covered below.
Binding Arbitration
Any Dispute arising out of or relating to these Terms shall be settled by arbitration under the American Arbitration Association’s Commercial Arbitration Rules, with judgment enforceable in any court. Arbitration will occur in Travis County, Texas. The prevailing Party is entitled to recover arbitration fees and costs.
Exceptions
Disputes concerning intellectual property rights, allegations of theft, invasion of privacy, unauthorized use, or requests for injunctive relief are excluded from arbitration. In such cases, disputes will be resolved in a court of competent jurisdiction in Travis County, Texas, and both Parties consent to its jurisdiction.
Any Dispute must be filed within one (1) year of it arising, or be permanently barred.
16. CORRECTIONS
Digital Stack AI may correct errors or update information on the Site at any time without notice.
17. LIMITATIONS OF LIABILITY
IN NO EVENT WILL DIGITAL STACK AI, ITS EMPLOYEES OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM CLIENT’S USE OF THE SITE, EVEN IF ADVISED OF SUCH POSSIBILITY. DIGITAL STACK AI’s total liability is limited to the amount paid by Client during the six (6) months preceding the cause of action, unless disallowed by applicable law.
18. INDEMNIFICATION
Digital Stack AI shall defend and indemnify Client from claims that our IP or Services infringe on third-party rights, provided Client promptly notifies us and cooperates with our defense.
Client shall indemnify Digital Stack AI from claims arising out of Client’s use of the Site, breach of these Terms, or third-party rights violations. Digital Stack AI may take over defense at Client’s expense, and Client agrees to cooperate.
19. DATA SECURITY/RESTRICTIONS ON USE
Digital Stack AI will use administrative, technical, and physical safeguards to protect Client data. We comply with applicable data protection standards (e.g., GDPR, SOC 2). We use Client data only to provide Services and do not share, sell, or disclose it unless required by law.
20. DATA BACKUPS
We maintain routine backups of data, but Client is responsible for its own data. Digital Stack AI has no liability for loss or corruption of Client data. Client may download its data anytime.
21. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Electronic communications and transactions with Digital Stack AI are valid and binding. Client consents to electronic delivery of all notices, policies, agreements, and records, and waives rights to paper originals.
22. FORCE MAJEURE
Neither Party is liable for delays or failures due to Force Majeure events (e.g., natural disasters, war, internet outages). The impacted Party must notify the other and resume performance when possible.
23. MISCELLANEOUS
These Terms, plus any Service Agreement and Site policies, constitute the entire agreement. Failure to enforce any provision is not a waiver. If any part is unenforceable, it is severed without affecting the rest. No joint venture or employment relationship arises from these Terms. Digital Stack AI may assign its rights at its discretion.
24. CONTACT INFORMATION
To resolve complaints or request more information:
Digital Stack Media LLC
9901 Brodie Lane, Ste 160 #1234
Austin, TX 78748
Email: [email protected]