Terms of Service

These Terms of Service ("Terms") govern your access to and use of Stacwork, the software platform operated by Stacware LLC ("Stacwork", "we", "us", or "our") at stacwork.com and related applications and services (the "Service"). By creating an account, subscribing, or using the Service, you agree to these Terms. If you are using the Service on behalf of a business, you represent that you are authorized to bind that business, and "you" refers to that business.

1. The Service

Stacwork is an operating system for service businesses that helps you manage clients, quotes, work, invoices, payments, scheduling, and client communications (including email and text messaging). We may add, change, or remove features over time.

In these Terms, "you" or "Customer" means the business using the Service; "End Customer" or "Client" means an individual or organization that is your customer and whose information you manage or communicate with through the Service.

2. Accounts and eligibility

You must be at least 18 years old and able to form a binding contract. You are responsible for the accuracy of your account information, for maintaining the confidentiality of your credentials, and for all activity under your account. Notify us promptly of any unauthorized use. You are responsible for your team members' and users' compliance with these Terms.

3. Subscriptions, fees, and billing

Paid plans are billed in advance on a recurring basis (monthly or annually) through our payment processor. Fees, included usage, and any usage-based charges (for example, additional text messages beyond your plan) are shown at the time of purchase. Unless otherwise stated, fees are exclusive of taxes, which you are responsible for.

Subscriptions renew automatically until cancelled. You may cancel at any time; cancellation takes effect at the end of the current billing period, and fees already paid are non-refundable except where required by law. We may change pricing on renewal with reasonable notice.

4. Payments to you and your Clients

Stacwork uses third-party payment processors (including Stripe) to let you accept payments from your Clients. Those payments are governed by the processor's terms, and you are responsible for entering into and complying with any required processor agreements. Stacwork is not a party to, and is not responsible for, transactions between you and your Clients. Processing, platform, and related fees are disclosed at the time of the transaction.

5. Your content and responsibilities

You retain ownership of the data you and your Clients submit to the Service ("Customer Data"). You grant us a limited license to host, process, and transmit Customer Data solely to provide and improve the Service and as described in our Privacy Policy.

You are responsible for Customer Data and for ensuring you have the rights and any necessary consents to collect it, store it, and contact your Clients through the Service (including by email and text message). You agree to use the Service in compliance with all applicable laws, including those governing marketing, communications, consumer protection, and privacy.

6. Acceptable use

You agree not to: use the Service for unlawful, deceptive, or harmful purposes; send spam or messages without the required consent; upload malware or attempt to breach security; reverse engineer or resell the Service except as permitted; infringe others' rights; or send content that is illegal, harassing, or otherwise prohibited by our policies or by the carriers and providers we rely on. We may suspend or limit access to protect the Service, our providers, or third parties.

7. Text messaging (SMS/MMS) terms

The Service can send text messages to your Clients on your behalf. These terms apply to that text messaging, and additional consumer-facing terms are summarized in our Privacy Policy.

Consent and your responsibility

You may only send text messages to Clients who have given prior express consent to be contacted by you at the number provided. You are responsible for obtaining, recording, and honoring that consent, for the content of the messages you send, and for compliance with applicable law and the messaging rules of the carriers (including the CTIA guidelines and the A2P 10DLC program). Consent to receive messages is not a condition of any purchase.

Program description (what recipients agree to)

• Messages: By opting in, a recipient consents to receive text messages related to their relationship with your business, which may include appointment and booking reminders, quotes and estimates, invoices and payment links, receipts, service and job updates, review requests, and account or service notifications.
• Message frequency: Message frequency varies based on your activity and your relationship with the business.
• Cost: Message and data rates may apply, according to the recipient's mobile carrier plan.
• Opt out: Recipients can opt out at any time by replying STOP to any message. After opting out, they will receive a confirmation and no further messages unless they opt in again.
• Help: Recipients can reply HELP for assistance or contact the business directly.
• Carriers: Mobile carriers are not liable for delayed or undelivered messages.

We do not sell or share text messaging opt-in information or consent with third parties for their own marketing purposes. We use text messaging providers (such as Twilio) solely to deliver messages you send through the Service.

8. Third-party services

The Service integrates with third-party providers for payments, messaging, email, hosting, analytics, and AI features. Your use of those integrations may be subject to the providers' terms, and we are not responsible for third-party services. AI-assisted features generate suggestions you review and control; you are responsible for messages you send.

9. Intellectual property

The Service, including its software, design, and content (excluding Customer Data), is owned by us or our licensors and protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable right to use the Service during your subscription, subject to these Terms. You may not copy, modify, or create derivative works of the Service except as permitted by law.

10. Confidentiality

Each party may access the other's confidential information and agrees to protect it and use it only to perform under these Terms, except where disclosure is required by law.

11. Disclaimers

The Service is provided "as is" and "as available" without warranties of any kind, whether express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or that messages will always be delivered.

12. Limitation of liability

To the maximum extent permitted by law, neither party will be liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits or revenues. Our total liability arising out of or relating to the Service will not exceed the amounts you paid to us for the Service in the twelve months before the claim.

13. Indemnification

You will defend and indemnify us against claims arising from your Customer Data, your messages, your use of the Service, or your violation of these Terms or applicable law, including claims by your Clients or by regulators or carriers relating to your communications.

14. Term and termination

These Terms apply while you use the Service. You may stop using and cancel at any time. We may suspend or terminate access for violation of these Terms, non-payment, or to comply with law or protect the Service. On termination, your right to use the Service ends; we will make Customer Data available for export for a reasonable period as described in our Privacy Policy, after which it may be deleted.

15. Changes to these Terms

We may update these Terms from time to time. We will post the updated Terms with a new "Last updated" date and, for material changes, provide reasonable notice. Your continued use after changes take effect constitutes acceptance.

16. Governing law and disputes

These Terms are governed by the laws of the State of Wyoming, without regard to conflict-of-laws rules. The parties will attempt to resolve disputes informally first; any dispute not resolved will be subject to the exclusive jurisdiction of the courts located in Sheridan County, Wyoming, unless otherwise required by law.

17. General

These Terms are the entire agreement between you and us regarding the Service and supersede prior agreements. If any provision is unenforceable, the rest remains in effect. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets. Our failure to enforce a provision is not a waiver.

18. Contact

Questions about these Terms: Stacware LLC, 30 N Gould Ste N, Sheridan, WY 82801, USA, [email protected].