Terms of Service
Last update May 23 2018
- The Agreement refers, collectively, to all the terms, conditions, notices contained or referenced in this document (the Terms of Service or the Terms) and all other operating rules, policies and procedures that we may publish from time to time on the Platform.
- Sticktail, we and us refer to Sticktail, a trade name of Valsplat BV.
- The Service refers to applications, software, products, and services provided by Sticktail.
- The Platform refers to Sticktail’s Platform located at sticktailapp.com, and all Content, Services, and products provided by Sticktail at or through the Platform and it’s subdomains.
- The User, You, and Your refer to the individual person, company, or organization that has visited or is using the Platform or Service.
- Owner and Account Owner refer to the individual person (or its legal successor) within a company or organization that entered into the Agreement with us to provide the Service.
- Content refers to content featured or displayed through the Platform, including without limitation text, data, articles, images, photographs, graphics, software, applications, designs, features, and other materials that are available on the Platform or otherwise available through the Service. “Content” also includes Services. “User-Generated Content” is Content, written or otherwise, created or uploaded by our Users. “Your Content” is Content that you create or own.
2. Account Terms
- You must provide a valid email address in order to complete the signup process.
- Any other information requested, such as your real name, is optional, unless you are accepting these terms on behalf of a legal entity (in which case we need more information about the legal entity) or if you opt for a paid account, in which case additional information will be necessary for billing purposes.
- You must be a human to create an account. Accounts registered by “bots” or other automated methods are not permitted.
- One person or legal entity may maintain no more than one free account.
- Your login may only be used by one person — i.e., a single login may not be shared by multiple people. A paid organization account may create separate logins for as many users as its subscription allows.
- Overall, the number of Users must not exceed the number of accounts you’ve ordered from us.
- You will ensure that accounts created under your account (a) comply with these terms; (b) do not share login details and passwords; (c) use the Platform and Service in compliance with all applicable laws, rules and regulations; and (d) do not permit direct or indirect access to the Platform and/or Services in a way that circumvents a contractual license limit.
3. Account Security
- You are responsible for keeping your account secure while you use our Service. We offer tools to help you maintain your account’s security, but the content of your account and its security are up to you.
- You are responsible for maintaining the security of your account and password. Sticktail cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You will promptly notify Sticktail if you become aware of any unauthorized use of, or access to, our Service through your account, including any unauthorized use of your password or account.
4. Acceptable Use
- Your use of the Platform and Service must not violate any applicable laws, including copyright or trademark laws, export control laws, or other laws in your jurisdiction. You are responsible for making sure that your use of the Service is in compliance with laws and any applicable regulations.
- You may not reverse engineer, reverse compile or otherwise reduce to human readable form any software associated with Sticktail.
- Use of the Services is at Your sole risk.
- The Services are not designed or licensed for use in hazardous environments requiring fail-safe controls, including without limitation operation of nuclear facilities, aircraft navigation/communication systems, air traffic control, and life support or weapons systems.
5. User-Generated Content
- You retain ownership of and responsibility for all Content posted and activity that occurs under your account (even when content is posted by others who have accounts under your account).
- We need the legal right to do things like host Your Content, publish it, and share it. You grant us and our legal successors the right to store, parse, and display Your Content, and make incidental copies as necessary to render the Platform and provide the Service. This includes the right to do things like copy it to our database and make backups; show it to you and other users; parse it into a search index or otherwise analyze it on our servers; share it with other users; and perform it, in case Your Content is something like music or video. This license does not grant Sticktail the right to sell Your Content or otherwise distribute or use it outside of our provision of the Service.
- You will not post or upload Content to Sticktail if you do not have the legal rights to do so. You will also not post, upload or share Content that is considered illegal by Dutch law.
- Sticktail is allowed to delete content if it feels that violates the previous item. Or may decide to terminate your account without prior notice.
- Sticktail team members may only access Your Content with your consent and knowledge, for support or security reasons.
6. Pricing and Payment
- We can only offer upgrades to the Account Owner.
- Our pricing is available at sticktailapp.com. If you agree to a subscription price, that will remain your price for the entire year of your subscription. Prices may change for the next yearly period.
- We will immediately bill you when you upgrade from the free plan to any paying plan.
- If you subscribe to any of our paying plans, the Service is billed in advance and on a yearly basis.
- If you upgrade to a higher level of service, we will bill you for the upgraded plan immediately for the remaining months in your yearly subscription.
- You may change your level of service at any time. If you choose to downgrade your account, you may lose access to Content, features, or capacity of your account.
- By agreeing to these Terms, you are giving us permission to charge your on-file credit card, PayPal account, or other approved methods of payment for fees that you authorize for Sticktail.
- You are responsible for all fees, including taxes, associated with your use of the Service. By using the Service, you agree to pay Sticktail any charge incurred in connection with your use of the Service.
- You are responsible for providing us with a valid means of payment for paid accounts. Free accounts are not required to provide payment information.
7. Downgrading, cancellation and Termination
- We can only offer downgrades, cancellations and terminations to Account Owner.
- If you decide to downgrade your account, we will refund you the price difference between your old and new plans for the remaining full months in your yearly subscription.
- You may cancel your subscription at any time and we will refund you the subscription price of the full months remaining in your payment term.
8. Disclaimer of Warranties
- We provide the Platform and the Service “as is” and “as available,” without warranty of any kind.
- Sticktail is allowed (at its sole discretion) to modify the features of the Service from time to time without prior notice.
- Sticktail does not warrant that the Service will meet your requirements; that the Service will be uninterrupted, timely, secure, or error-free; that the information provided through the Service is accurate, reliable or correct; that any defects or errors will be corrected; that the Service will be available at any particular time or location; or that the Service is free of viruses or other harmful components. You assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, content or other material obtained from the Service.
- Sticktail does not come with any uptime guarantee. But we have a pretty good uptime record (<10 mins downtime in 2017) - and we’re committed to keeping it that way.
9. Limitation of Liability
- We will not be liable for damages or losses arising from your use or inability to use the Service or otherwise arising under this agreement.
- Except to the extent applicable law provides otherwise, this Agreement between you and Sticktail and any access to or use of the Website or the Service are governed by Dutch Law. You and Sticktail agree to submit to the exclusive jurisdiction and venue of the courts located in Amsterdam, the Netherlands.
- This Agreement may only be modified by a written amendment signed by an authorized representative of Sticktail, or by the posting by Sticktail of a revised version.
- By using Sticktail, you allow us to put your company’s name and logo on our publicly accessible Website for promotion purposes.