Terms of Service

Updated 10/6/2021


By visiting and/or taking any action on StrikeStack, you confirm that you are in agreement with and bound by the terms outlined below. These terms apply to the website, emails, or any other communication.

Here are terms of service for our platform:

The following terms and conditions govern all use of the StrikeStack.com website and all content, services and products available at or through the website (the Website). The Website is owned and operated by StrikeStack LLC ("StrikeStack"). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on this Site by StrikeStack (collectively, the "Agreement").

Payment and Refunds

All paid plans are valid for one month from the date of purchase and auto renew every month on the same day of the month as the date of purchase. If your usage for your current plan exceeds the plan limits, you may be upgraded to the next plan or incur overage charges automatically.

If a payment fails, the services provided for the plan can be terminated. For paid plans, cancellation can be done at any time and any remaining paid credits can continue to be used unless the cancellation was initiated by StrikeStack for a violation of these terms. You can cancel your plan at any time by emailing [email protected] and you will no longer be charged.

Refunds of unused credits and time remaining on the plan may be requested and will be refunded promptly. Refunds are not availble for time or credits used for the current pay period or for previous pay periods.

Abuse & Deliverability

Your use of the StrikeStack platform depends on your use of following best-practices for email delivery. Customers must have known about your brand before sending them email and have opted in to receiving emails. Your plan may be cancelled for any reason if it is shown that you are using the system to send spam or unsolicited emails. For example, purchased email lists are not allowed for any reason and is cause for termination of your services. Any other similar action such as sending email to people that have unsubscribed are cause for termination.

Your account and the emails being sent may be reviewed periodically to ensure compliance with these terms.

Intellectual Property

This Agreement does not transfer from StrikeStack to you any StrikeStack or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with StrikeStack. StrikeStack, StrikeStack.com, the StrikeStack.com logo, and all other trademarks, service marks, graphics and logos used in connection with StrikeStack.com, or the Website are trademarks or registered trademarks of StrikeStack or StrikeStack's licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any StrikeStack or third-party trademarks.

Changes

StrikeStack reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. StrikeStack may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

Termination

StrikeStack may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your StrikeStack.com account (if you have one), you may simply discontinue using the Website. . All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Disclaimer of Warranties

The Website is provided “as is”. StrikeStack and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither StrikeStack nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.

Limitation of Liability

In no event will StrikeStack, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interuption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to StrikeStack under this agreement during the twelve (12) month period prior to the cause of action. StrikeStack shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

General Representation and Warranty

You represent and warrant that (i) your use of the Website will be in strict accordance with the StrikeStack Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

Indemnification

You agree to indemnify and hold harmless StrikeStack, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Website, including but not limited to out of your violation this Agreement.

Miscellaneous

ing intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. ("JAMS") by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Cleveland, Ohio, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys' fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; StrikeStack may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

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