Effective Date: August 09, 2024
Welcome to the StackBooster.io platform. These Terms of Service ("Terms") govern the access and use of all products, services, and solutions provided by StackBooster Corporation ("StackBooster," "Company," "we," "our") through our web interface, API, mobile applications, and any related websites (collectively referred to as the "Platform"). These Terms constitute a legally binding agreement between you or the organization you represent ("User," "you"), and StackBooster Corporation.
1.1 Acceptance of the Terms
Access to the Platform and use of our services are only possible with full acceptance of these Terms. By using our services, you acknowledge and agree that you have read, understood, and accepted these Terms, as well as the Privacy Policy, which is an integral part of these Terms. If you do not agree to the Terms, you are not authorized to use the Platform and must cease its use immediately.
1.2 Changes to the Terms
StackBooster Corporation reserves the right to modify or amend these Terms at any time. In the event of significant changes affecting the rights or obligations of the Users, we commit to notifying you 30 days before such changes take effect. Notification will be sent via the Platform and/or by email. Continuing to use the Platform after changes are made constitutes your acceptance of the updated Terms. Users are required to regularly check for updates to the Terms.
1.3 Terms Applicable to Organizations
If you are using the Platform on behalf of a company, organization, or other legal entity, you confirm that you have the authority to enter into this agreement on behalf of that entity. Such a legal entity is considered the "User" within the context of these Terms and is obligated to comply with all provisions of this agreement.
1.4 Provision of Services
StackBooster provides DevOps automation services, including automated cloud environment setup, cost optimization, infrastructure management, and CI/CD automation processes. Services are generally provided on a subscription basis unless otherwise specified in an order or agreement between the User and the Company..
1.5 Usage Restrictions
The services are provided for business and professional purposes. Personal, non-commercial, or illegal activities are strictly prohibited. Users must not share their account credentials with third parties and are required to protect their information from unauthorized access.
1.6 Contact Information
For any questions regarding these Terms or the services of StackBooster Corporation, you can contact us through the contact form on our website or by email at info@stackbooster.io.
For the purposes of these Terms, the following terms have the following meanings:
"Platform" – The web interface, API, mobile applications, and any other software products that provide the services of StackBooster Corporation, including but not limited to DevOps automation, cloud infrastructure management, CI/CD, and other operations.
"Services" – Any services provided by StackBooster Corporation through the Platform, including the creation, management, and optimization of DevOps environments, workflow automation, performance analytics, and other features available on a subscription or one-time access basis.
"User" – Any individual or legal entity using the Platform or Services. If the User is a legal entity, "User" refers to the employees, agents, contractors, and any other persons using the Services on its behalf.
"Access Credentials" – Logins, passwords, API keys, authentication tokens, or other data that allow access to the Services and Platform.
"User Content" – Any information, data, text, software code, images, videos, audio, or other materials posted or transmitted by the User through the Platform. User Content does not include data created or generated by StackBooster Corporation as a result of using the Services.
"Subscription" – A payment model for accessing the Services on a periodic basis (monthly, annually, or in other forms specified in the order).
"Order" – A form, electronic or written, used to order Services, which may include a description of the Services, applicable rates, the term of use, and other conditions agreed upon between the User and StackBooster.
"Intellectual Property" – All patents, trademarks, copyrights, trade secrets, and other rights related to the Platform and Services, including software, codes, databases, methodologies, as well as all modifications, improvements, and updates.
"Administrator" – An employee or representative of the User responsible for managing the account and providing access to the Platform to other employees or users within the organization.
"Feedback" – Any ideas, suggestions, or recommendations provided by the User regarding the Services or Platform. StackBooster Corporation reserves the right to use such Feedback to improve its products and services.
"Agreement" – These Terms, any Appendices thereto, and all Orders concluded between the User and StackBooster Corporation, which together form a single legal agreement governing the relationship between the parties.
3.1 Description of Services
StackBooster provides cloud-based DevOps automation solutions, including but not limited to:
Services are provided through the Platform, which is accessible via a web interface, API, and mobile applications.
3.2 Access to Services
The User can access the Services after registering an account and obtaining Access Credentials. Access is provided on a subscription basis or under the terms specified in the Order.
3.3 Service Updates and Changes
StackBooster reserves the right to make improvements, updates, and changes to the Services at its discretion without prior notice to the User, provided such changes do not significantly degrade functionality. In the case of significant changes affecting the User’s capabilities, StackBooster will notify the User 30 days before the changes take effect.
3.4 Service Limitations
StackBooster provides the Services "as is" and does not guarantee that the Services will be uninterrupted, error-free, or fully meet your expectations. The Company is not responsible for outages caused by external factors such as internet service disruptions, hosting platform failures, or other similar issues.
3.5 Usage Restrictions
Users agree to use the Services solely for lawful business purposes. It is prohibited to:
3.6 Third-Party Service Conditions
Some Services may include integration with third-party platforms or services (e.g., AWS, GCP). The User acknowledges and agrees that StackBooster is not responsible for the operation of such services, and their use may be subject to separate terms and privacy policies of these third parties.
3.7 Termination of Access to Services
StackBooster reserves the right to suspend or terminate access to the Services in the following cases:
In the case of non-payment, we commit to notifying the User at least 7 days before suspending or terminating access to the Services. The notification will be sent via the Platform and/or via email. If the outstanding payment is not settled within the specified period, access to the Services will be suspended until full payment is received.
3.8 Temporary Service Interruptions
We reserve the right to temporarily suspend the Platform for maintenance or other scheduled work. We will make reasonable efforts to notify the User of such interruptions in advance and minimize any inconvenience.
4.1 Grant of License
StackBooster grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Platform and Services solely for internal business purposes and in accordance with these Terms. The license is granted on the condition of timely payment and compliance with all obligations under these Terms.
4.2 License Usage Restrictions
The User agrees not to:
4.3 Intellectual Property Rights
All rights to the Platform, Services, and any related technologies, including but not limited to software, databases, code, interfaces, visual elements, and design, are the property of StackBooster Corporation or its licensors and are protected by copyright, trademark, patent, and other intellectual property laws. The User acknowledges that they do not acquire any ownership rights to the Services and Platform, except for the rights explicitly granted under these Terms.
4.4 Revocation of License
StackBooster Corporation reserves the right to revoke or suspend the license at any time without prior notice in the event of the User’s violation of these Terms or other actions that may harm the Platform, Services, or other users. The User agrees to cease using the Services and delete all materials received from StackBooster upon the Company’s first request in the event of a license revocation.
4.5 User Content
In the case of content being uploaded to the Platform (e.g., data, code, information), the User grants StackBooster a non-exclusive, perpetual, irrevocable, worldwide, royalty-free license to use, reproduce, modify, and distribute such content as part of providing the Services. The User warrants that they have all necessary rights to post such content and that it does not infringe the rights of third parties.
4.6 Limitation of Rights
Any use of the Platform and Services beyond the scope of the provided license constitutes a violation of StackBooster's rights and may result in legal liability. The User is responsible for any losses or damages caused by unauthorized use of the license.
5.1 Account Registration
To use the StackBooster Platform and Services, the User must register an account by providing valid and up-to-date information, including name, email address, and any other information necessary to create an account. The User agrees to maintain the accuracy and currency of their account information throughout the entire period of using the Services.
5.2 Account Responsibility
The User is fully responsible for all actions taken under their account, whether performed by the User or third parties who have been granted access. The User agrees to take all necessary measures to ensure the security of their account, including but not limited to:
5.3 Security Obligations
The User agrees to:
5.4 Access Restriction
StackBooster reserves the right to suspend or block the User’s account in the event of suspicious activity or violation of these Terms. StackBooster is not responsible for any damage caused to the User due to unauthorized use of the account if the User has not taken appropriate measures to protect their credentials.
5.5 Data Security
StackBooster takes reasonable measures to ensure the security of the User’s data, including encrypting data during transmission and storage, regularly checking for vulnerabilities, and monitoring network activity. However, the User acknowledges that full protection against unauthorized access or attacks cannot be guaranteed, and they use the Platform at their own risk.
5.6 User Responsibility
The User is fully responsible for all actions taken under their account and agrees not to provide access to their account to third parties, except as provided by the Privacy Policy or agreement with the Company. In the event of a security breach or compromised credentials, the User agrees to immediately change their credentials and notify StackBooster of the incident.
5.7 Unauthorized Access
StackBooster reserves the right to request identity verification or additional data from the User at any time to verify the account, especially in the event of suspicious activity. Failure to comply with these requirements may result in the temporary or permanent blocking of the account.
6.1 Payment Terms
The User agrees to pay for StackBooster Services according to the terms specified in the relevant Order. Payment must be made after the Services are provided and confirmed as completed by the User. All invoices for the Services are issued upon completion of the Services and are due within 10 calendar days from the invoice date.
6.2 Payment Methods
StackBooster accepts the following payment methods: credit and debit cards, bank transfers, electronic payments, and any other methods listed on the Platform or in the Order. The User is required to provide valid payment information and update it in a timely manner in case of any changes.
6.3 Subscription Services
If the User subscribes to recurring Services (e.g., monthly or yearly plans), payment is made at the beginning of each billing period. In the case of automatic subscription renewal, the payment amount will be charged to the provided payment method unless the subscription is canceled before the start of the new billing period.
To cancel a subscription, the User must log into their account on the Platform and follow the cancellation instructions available in the "Subscription Management" section. Subscription cancellation must be completed no later than 24 hours before the start of the new billing period to avoid charges.
6.4 Taxes and Fees
The User is responsible for paying all applicable taxes and fees related to the Services, including but not limited to value-added tax (VAT), sales tax, duties, or any other taxes levied under applicable laws. StackBooster Corporation is not responsible for paying taxes on behalf of the User, except for taxes we are legally obligated to pay as part of our legal obligations.
6.5 Refunds and Cancellations
All payments for the Services provided are final and non-refundable unless otherwise specified in these Terms or an agreement between the parties. StackBooster may, at its discretion, offer a refund in case of non-delivery or incomplete delivery of the Services due to reasons directly related to the Company's actions. In the event of subscription or Service cancellation, refunds are issued in accordance with the terms of the Order and only for unused time, if specified in the agreement.
6.6 Late Payments
If payment is late, StackBooster reserves the right to charge 1.5% of the unpaid amount per month, or the maximum allowed by law, whichever is lower. StackBooster also reserves the right to suspend or limit access to the Services until full payment of all outstanding debts is received.
6.7 Collection Fees
If an invoice is not paid on time, the User agrees to reimburse StackBooster for all reasonable expenses related to the collection of the debt, including but not limited to legal fees and collection service costs.
6.8 Price Changes
StackBooster reserves the right to change the prices of the Services. In the event of a price change, the User will be notified 30 days before the new prices take effect. If the User does not agree to the new prices, they have the right to stop using the Services before the start of the new billing period by notifying StackBooster.
6.9 Expense Reimbursement
If StackBooster incurs additional expenses in the performance of Services not listed in the original Order (e.g., due to changes requested by the User), these expenses will be added to the total invoice, and the User is required to pay them.
7.1 Disclaimer of Warranties
StackBooster provides the Services on an "as is" and "as available" basis. We make no express or implied warranties regarding the accuracy, reliability, availability, or suitability of our Services for any particular purpose. We do not guarantee that the Platform will operate without errors or interruptions, nor that any defects will be corrected.
7.2 Exclusion of Indirect and Consequential Damages
StackBooster is not liable for any indirect, incidental, or consequential damages, including but not limited to:
Even if StackBooster has been informed of the possibility of such damages, they are excluded from liability. This exclusion applies regardless of the form of the claim—whether contractual, tort (including negligence), civil, or any other form of liability.
7.3 Limitation of Direct Liability
StackBooster's total aggregate liability to the User for all claims arising in connection with these Terms or the use of the Services shall not exceed the amount paid by the User for the Services in the three (3) months preceding the event that caused the liability. If these Terms or applicable law provide otherwise, the Company's liability shall be limited to the minimum possible amount allowed by law.
7.4 Exclusion of Liability for Third-Party Actions
StackBooster is not responsible for the actions of third parties, including but not limited to cloud service providers, internet providers, or any third-party services integrated with our Platform. Any issues caused by failures in such third-party services are not grounds for claims against StackBooster.
7.5 Responsibility for Service Use
The User acknowledges and agrees that they are fully responsible for any damages resulting from the use of the Services. This includes responsibility for any changes, deletions, damage, or loss of data caused by the User’s actions.
7.6 Time Limit for Claims
Any claims related to the use of the Services or violation of these Terms must be submitted within one (1) year from the date the cause of the claim arose. After this period, any claims will be deemed invalid.
7.7 Force Majeure
StackBooster is not liable for delays or failures in performing its obligations under these Terms due to events of force majeure, such as natural disasters, epidemics, cyberattacks, government actions, power outages, wars, civil unrest, or any other circumstances beyond our reasonable control.
7.8 Limitation of Liability in Jurisdictions
Some jurisdictions do not allow the limitation or exclusion of liability for indirect or incidental damages. In such jurisdictions, StackBooster's liability will be limited to the maximum extent permitted by applicable law.
8.1 Ownership of StackBooster
All intellectual property rights related to the StackBooster Platform and Services, including software, code, databases, project documentation, algorithms, design, and business methodologies, are the exclusive property of StackBooster Corporation or its licensors. These rights are protected by patents, copyrights, trademarks, trade secrets, and other intellectual property laws. The User acknowledges that they do not acquire any ownership rights to the Platform or Services, except for the rights explicitly granted by these Terms.
8.2 License to Use the Platform
StackBooster grants the User a limited, non-exclusive, non-transferable, non-sublicensable license to use the Platform and Services solely for internal business purposes in accordance with these Terms. This license does not entail the transfer or sale of any intellectual property rights, and the User may not transfer, distribute, or provide access to the Platform to third parties without StackBooster's written consent.
8.3 Intellectual Property Usage Restrictions
The User is not permitted to:
8.4 User Content
The User retains intellectual property rights to all content they upload or publish on the Platform. However, by providing such content, the User grants StackBooster a non-exclusive, perpetual, royalty-free, worldwide right to use, copy, modify, distribute, and display this content for the purpose of providing Services and improving the Platform. The User guarantees that they hold all necessary rights to the uploaded content and that it does not infringe on the rights of third parties.
8.5 Intellectual Property Protection
StackBooster reserves the right to take all necessary legal action to protect its intellectual property rights, including seeking court orders or addressing governmental authorities to prevent violations and recover damages. The User agrees to cooperate with StackBooster in any legal proceedings related to the protection of the Company's intellectual property rights.
8.6 Trademarks
All trademarks, logos, and brand names used in connection with the Services and the StackBooster Platform are registered or unregistered trademarks of StackBooster or its affiliates. The User has no right to use these trademarks without StackBooster's prior written permission.
8.7 Intellectual Property Infringement Claims
If the User believes their intellectual property rights have been violated through the use of the Platform or Services, they must promptly notify StackBooster, providing appropriate evidence of the violation. StackBooster is committed to reviewing such claims in a timely manner and, if necessary, taking appropriate action to resolve them, including removing or modifying the infringing content.
9.1 Privacy Policy
StackBooster takes user privacy seriously and complies with data protection laws such as GDPR, CCPA, and other applicable regulations. The use of the Platform is governed by our Privacy Policy, which details what data we collect, how we process, store, and protect it.
9.2 Data Collected
We may collect the following data:
9.3 Use of Data
The collected data is used for:
9.4 Data Retention
StackBooster retains personal data only for as long as necessary to fulfill the purposes for which it was collected or to comply with legal obligations. Data that is no longer needed is either anonymized or securely deleted.
9.5 Data Security
We implement commercially reasonable security measures to protect user data from unauthorized access, use, or disclosure. This includes data encryption during transmission and storage, multi-factor authentication, regular security audits, and limiting access to data only to authorized employees and contractors.
9.6 Data Sharing with Third Parties
StackBooster does not share the User's personal data with third parties, except when necessary to provide the Services (e.g., payment processors, cloud providers) or when required by law. All such third parties are required to comply with strict confidentiality and data protection requirements.
9.7 User Data Rights
The User has the right to:
9.8 Data Breach Notification
In the event of a data breach that may affect user privacy, StackBooster commits to notifying affected users in accordance with applicable data protection laws and taking necessary measures to minimize damage.
9.9 International Data Transfer
If data is transferred outside the User's country of residence, StackBooster ensures that such transfers comply with applicable data protection laws and provide an adequate level of protection. This includes the use of Standard Contractual Clauses (SCCs) approved by regulators, certification mechanisms like Privacy Shield (where applicable), or data transfer agreements with third parties to ensure safe processing of data in accordance with international standards.
9.10 Privacy Complaints
If the User believes that their privacy rights have been violated, they may file a complaint with StackBooster. We are committed to reviewing such complaints in a timely manner and taking appropriate action.
9.11 Data After Termination of Agreement
Upon termination of the agreement, StackBooster commits to deleting or anonymizing all personal data of the User within 30 days, unless required by applicable legal obligations. However, some data may be retained to fulfill legal obligations, protect the company's interests, or comply with legal requirements. The User may request data deletion, provided it complies with applicable laws.
9.12 Security Breach Responsibility
In the event of a data breach, StackBooster commits to promptly taking the following actions:
10.1 Providing Feedback
StackBooster welcomes any ideas, suggestions, recommendations, or other content submitted by users regarding improvements to our Services or Platform ("Feedback"). The User acknowledges that providing Feedback is voluntary and does not oblige StackBooster to implement the suggestions.
10.2 Transfer of Feedback Rights
By providing any Feedback, the User automatically grants StackBooster a non-exclusive, perpetual, royalty-free, transferable right to use, copy, modify, distribute, and commercially exploit such Feedback for any purpose. This includes the right to create derivative works based on the Feedback without the need to compensate the User or third parties.
10.3 Waiver of Claims
The User agrees that any rights related to the Feedback, including potential patent or copyright claims, are transferred to StackBooster Corporation upon submission of such Feedback. The User waives any claims related to the use of the Feedback and agrees that StackBooster is not obligated to provide notifications or compensation for using such ideas or suggestions.
10.4 StackBooster's Rights
StackBooster reserves the right to use or not use the Feedback at its discretion. The Company is not liable for any similarities between ideas implemented in the Services and the Feedback provided by the User.
10.5 Confidentiality
StackBooster is not obligated to treat Feedback as confidential information. If the User wishes to keep their ideas or suggestions confidential, they should refrain from submitting such data through the Platform or contact forms without prior written consent from StackBooster to treat the information as confidential.
10.6 No Compensation
The User understands that StackBooster Corporation is not required to pay any compensation or reward for Feedback, regardless of whether it was used by the Company to improve the Services or create new products.
11.1 Grounds for Termination
StackBooster Corporation and the User may terminate this agreement at any time for the following reasons:
11.2 Consequences of Termination
11.3 Right to Retain Rights
Termination of the agreement does not release the parties from fulfilling obligations that arose before the termination. All provisions regarding confidentiality, intellectual property rights, liability, and dispute resolution remain in effect even after the termination of the agreement.
11.4 Force Majeure
StackBooster reserves the right to suspend or terminate the agreement in the event of force majeure circumstances, such as natural disasters, cyberattacks, government actions, or other events beyond the company's control that make fulfilling the agreement impossible or unreasonable.
11.5 Termination Notice
All termination notices must be sent in writing via email or other means of communication specified in the agreement. The parties agree that correspondence via email constitutes legally valid notice.
11.6 Right to Export Data
Before the agreement is terminated, the User has the right to export their data stored on the StackBooster Platform. Data export must be completed before the termination date. StackBooster provides tools for data export through the user interface or upon request. After termination, StackBooster may delete the data in accordance with section 9.11.
12.1 Right to Modify
StackBooster reserves the right to modify, update, or supplement these Terms of Use at any time at its discretion, in order to reflect changes in law, technology, or the Services provided. Any such changes will become part of this agreement once they take effect.
12.2 Notification of Changes
StackBooster commits to notifying users of any changes to the Terms at least 30 calendar days before they take effect. Notification may be made through the publication of updated Terms on the Platform, by sending an email to users, or through other methods specified in the agreement. It is the User's responsibility to monitor any changes to the Terms by regularly checking for updates.
12.3 Acceptance of Changes
Continued use of the Platform and Services after the updated Terms have taken effect will be considered acceptance of the changes. If the User does not agree to the new terms, they must stop using the Services and close their account before the changes take effect.
12.4 Rejection of Changes
If the User disagrees with the changes, they may terminate the agreement by sending a termination notice to StackBooster before the changes take effect. In this case, the User is entitled to complete any active services, and for prepaid services, a partial refund for the unused period may be provided if stipulated by the agreement.
12.5 Exceptions
StackBooster reserves the right to make changes related to the operational aspects of the Services (e.g., bug fixes, security updates, or minor functionality improvements) without prior notice. However, in such cases, we commit to notifying Users of changes if they affect critical Platform functions or have a significant impact on the user experience. Notification will be sent via the Platform and by email within 72 hours after such changes are made.
12.6 Publication of Updated Terms
The updated Terms will always be available on the Platform in their most current version. Access to previous versions of the Terms may be provided upon User request within a reasonable timeframe.
13.1 Governing Law
These Terms and any disputes, claims, or disagreements arising in connection with them or their subject matter are governed by and interpreted in accordance with the laws of the State of Delaware, USA, excluding its conflict-of-law rules. The provisions of these Terms do not apply to any other jurisdictions unless explicitly required by applicable law.
13.2 Exclusion of International Law
The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded from governing these Terms.
13.3 Arbitration for Dispute Resolution
Any disputes arising in connection with these Terms, their breach, interpretation, or performance, shall be resolved through mandatory arbitration. The arbitration will be conducted in accordance with the rules of the American Arbitration Association (AAA) or a similar recognized arbitration organization.
13.4 Enforcement of Arbitration Award
The arbitrator's decision will be binding and may be enforced in any court of competent jurisdiction. The parties agree to waive any right to jury trials or participation in class actions related to any dispute arising from these Terms.
13.5 Exceptions to Arbitration
StackBooster Corporation reserves the right to seek injunctive relief or other legal remedies in a court of general jurisdiction when arbitration may not provide adequate protection, such as in cases of intellectual property or confidentiality violations.
13.6 Dispute Notification
Any party intending to initiate arbitration must first provide written notice to the other party describing the dispute, the claim, and the proposed resolution. The parties agree to attempt to resolve the dispute in good faith before proceeding to arbitration.
13.7 Jurisdiction and Venue
If arbitration is not available or cannot be conducted for any reason, the parties agree to resolve disputes in the courts of the State of Delaware, USA. Both parties consent to the exclusive jurisdiction of such courts for all legal proceedings related to these Terms.
14.1 Definition of Force Majeure
StackBooster is not liable for delays or failure to perform its obligations under this agreement if such delays or failures are caused by events beyond the Company's reasonable control. These events include, but are not limited to, natural disasters (fires, floods, earthquakes), wars, terrorism, civil unrest, strikes, power outages, cyberattacks, sanctions, government orders, pandemics, or any other circumstances that make it impossible or extremely difficult to fulfill the obligations.
14.2 Notification of Force Majeure
In the event of force majeure, the affected party must promptly notify the other party of the circumstances and the expected duration. The notice should include a description of the force majeure event and its impact on the performance of the agreement.
14.3 Suspension of Obligations
During the force majeure event, the party unable to perform its obligations may suspend performance without being held liable for breach of the agreement. Once the force majeure event ends, obligations must be resumed as soon as reasonably possible.
14.4 Right to Terminate the Agreement
If force majeure conditions persist for more than 60 consecutive days and significantly hinder the performance of the agreement, either party has the right to terminate the agreement without being held liable for non-performance. In the event of termination due to force majeure, the parties must complete all ongoing operations, except those made impossible by the force majeure event.
14.5 Exclusion from Force Majeure
Force majeure does not exempt the parties from the obligation to pay for Services already rendered and does not apply to the financial obligations of the parties (e.g., payment of debts or interest).
