Overview

Welcome to stacks.com’s Terms of Use! We are truly excited to have you aboard. Thank you for choosing to use our services.

Please read the following terms and conditions carefully before using any of our services. This terms govern your access to and use of any of our services to protect you and us and to provide you with the best service. You access to our service is only on the condition that you agree to terms of use. By accessing or using the Service you agree to be bound by these Terms, if you disagree with any part you may not access the service.

Introduction

1. Our Purpose

We aim to provide our users with service that help them enhance their online presence with no need to any coding skills. We offer integrated systems of wordpress websites and mobile applications that can be managed from the same administration area, We offer our users numerous tools and features for creating, publishing and use of websites, online e-commerce platforms,  The online and mobile websites and platforms created by Users are collectively referred to herein as (“User Platform(s)”).

2. Legal Agreement

These stacks.com Terms of Use (“Terms of Use”), together with our Privacy Policy available at https://stacksmarket.co/privacy-policy/ (“Privacy Policy”), and such additional terms which specifically apply to some of our services and features as presented on the stacks.com website(s) (“stacks Website”, and collectively – the “stacks Terms”), all set forth the entire terms and conditions applicable to each visitor or user (“User” or “you”) of the stacks Website, the stacks mobile application (the “stacks App”) and/or any other services, applications and features offered by us with respect thereto, except where we explicitly state otherwise (all services offered through the stacks Website or the stacks App, collectively – the “stacks Services” or “Services”).

The stacks Terms constitute a binding and enforceable legal contract between stacksmarket.com. and its affiliated companies and subsidiaries worldwide (“stacks”, “us” or “we”) and you in relation to the use of any stacks Services – so please read them carefully.

You may visit and/or use the stacks Services and/or the stacks App only if you fully agree to the stacks Terms – and by using and/or registering to any of the stacks Services, you signify and affirm your informed consent to these Terms of Use and any other stacks Terms applicable to your use of any stacks Services. If you do not read, fully understand and agree to the stacks Terms, you must immediately leave the stacks Website and avoid or discontinue all use of the stacks Services.

3. User Account

If you wish to purchase or use any of stacks services you may be asked to provide certain information and you must create an account with stacks. Keep in mind that if anyone rather than yourself accesses your account, they may perform actions available to you. So we recommend that you keep your login credentials confidential as you are totally responsible for all activities that takes place at your account. You need to provide accurate contact information and billing address and valid email as we may need to use it to identify the true user of the account

We have the right to determine ownership to user account based on our investigations. However, if we cannot make such determination, We reserve the right to avoid doing so, with no responsibility to you or to any other party. Among others, we may consider the principles set forth below.

Read carefully the principles mentioned below to ensure that what you believe to be your user account

  1. stacks will consider the owner of a User Account as the person or entity who has access to the e-mail address
  2. If any of stacks services were purchased via any user account, we consider the owner of this account to be the person whose billing details were used in purchasing process

Your Obligations

1. You represent and warrant that:

  1. You are at legal age that authorizes you to enter into stacks terms and to form an agreement
  2. The country you provide us with in the contact information and billing address is your country
  3. You totally understand that stacks does not provide legal advice to you or your end users
  4. you own all rights in and to any content uploaded by you to your User Platform  (“User Content”), including any designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, interfaces, text, literary works and any other materials (“Content”), or otherwise have (and will continue to have) the full power, title, licenses, consents and authority, in and to the User Content, as necessary to legally use, publish, transfer or license any and all rights and interests in and to such User Content;
  5. The User content is true and accurate and you have obtained all consents and permissions required to post this data

2. You undertake and agree to:

  1. Accept all laws and terms that govern your use of the stacks services, including laws applicable to you and your end users in any country
  2. be solely responsible and liable with respect to any of the uses of the stacks Services which occur under your User Account and/or User Platform(s), and for any of your User Content (including for any consequences of using or publishing such User Content on or with respect to the stacks Services);
  3. regularly and independently save and backup any of your User Content and the information that is being processed by you regarding your User Platform, including with respect to End Users, User Products, and any applications and/or Third Party Services used by you;
  4. You may receive promotional content from stacks by mail or any other contact info you provide us with. If you don’t want to receive any of it anymore please notify us  

3. You agree and undertake not to:

  1. Copy,modify,translate,emulate,migrate to another services,compile or decompile stacks website, stacks services and any content offered by stacks
  2. Submit, transmit or display any User Content, or use Licensed Content in a context, which may be deemed as harmful conduct or which otherwise violates the rights of stacks or any third party
  3. Make use of stacks services or copy what they do in any way or using any method
  4. Use any program or script or method to copy or monitor any of stacks services and its data
  5. act in a manner which might be perceived as damaging to stacks’s reputation and goodwill or which may bring stacks into disrepute or harm;
  6. purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use stacks or stacks Marks and/or variations and misspellings thereof;
  7. Provide false information on the stacks services or do any manipulation to disguise your identity
  8. probe, scan, or test the vulnerability of the stacks Services or any network connected to the stacks Services;
  9. upload to the stacks Services and/or User Platform or use them to create or distribute any harmful software or computer code that may damage or hijack the operation of any hardware or software
  10. take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the stacks Services or stacks’s systems or networks connected to the stacks Services, or otherwise interfere with or disrupt the operation of any of the stacks Services, or the servers or networks that host them or make them available, or disobey any requirements, procedures, policies, or regulations of such servers or networks;
  11. use any of the stacks Services and/or User Platform in connection with any form of spam, unsolicited mail, fraud, scam, phishing, “chain letters”, “pyramid schemes” or similar conduct, or otherwise engage in unethical marketing or advertising;
  12. sell, license, or exploit for any commercial purposes any use of or access to the Licensed Content and/or stacks Services, except as expressly permitted by the stacks Terms;
  13. remove or alter any copyright notices, watermarks, restrictions and signs indicating proprietary rights of any of our licensors, including copyright mark [©], Creative Commons [(cc)] indicators, or trademarks [® or ™] contained in or accompanying the stacks Services and/or Licensed Content; or
  14. violate, attempt to violate, or otherwise fail to comply with any of the stacks Terms or any laws or requirements applicable to your use of the stacks Services.

You Acknowledge and agree that not following the above points may result in immediate termination of your User Account and to the services provided to you without any refund of amounts paid on account

Content and Ownership

1. Your Intellectual Property

You own the intellectual property related to your user content for example text, images, videos, audio files, logos, fonts, designs and animations. Stacks don’t claim ownership rights on your content as we only upload your content to our platform.

2. stacks’s Intellectual Property

All rights, title and interest in and to the stacks services, including all copyrightable materials or any other content thereof which is or may be subject to any intellectual property rights under any applicable law are owned by stacks. including  graphics, images, object code, computer code (including html), applications, audio, music, video and other media, designs, animations, products, data, logos, domains

Subject to your full compliance with the stacks Terms and timely payment of all applicable Fees, stacks hereby grants you, upon creating your User Account and for as long as stacks wishes to provide you with the stacks Services, a non-exclusive, non-transferable, non-sublicensable, fully revocable, limited license to use the stacks Services and Licensed Content, for the purpose of generating and displaying your User Platform to End Users and offering your User Products and services therein, solely as expressly permitted under the stacks Terms, and solely within the stacks Services.

The stacks Terms do not convey any right or interest in or to stacks’s Intellectual Property (or any part thereof), except only for the limited license expressly granted above. Nothing in the stacks Terms constitutes an assignment or waiver of stacks’s Intellectual Property rights under any law.

Feedback and Suggestions

Any suggestions , comments or feedbacks related to stacks service that may be subject to any intellectual property rights is owned by stacks .

Privacy

Stacks inform you that as a part of our service we may collect and use information whether personally identifying or anonymous information of users and end users, so we encourage you to read our privacy policy for a detailed description of such data.

Service Fees

1. Paid Services

The use of Stacks Services may include the payment of particular fees. Stacks will provide notice of any additional fees to the Paid Service(s). If you wish to use any of Stacks Paid services, you are required to pay all additional fees in advance.

Upon notice, Stacks have all the rights to change the fees any time. If you received a discount or other promotional offers, Stacks have the rights to automatically renew your subscription to Stack Service(s).

All Fees shall be deemed to be in U.S. Dollars, except as specifically stated otherwise in writing by stacks. To the extent permitted by law (and unless specified otherwise by stacks in writing), all Fees are exclusive of all taxes (including value added tax, sales tax, goods and services tax, etc.), levies or duties imposed by taxing authorities (“Taxes”), and you shall be responsible for payment of all applicable Taxes relating to your use of the stacks Services, or to any payments or purchases made by you. If stacks is obligated to collect or pay Taxes for the Fees payable by you, and whether or not such Taxes were added and collected from you for previous transactions, such Taxes may be added to the payment of any outstanding Fees and will be reflected in the Invoice for such transaction

As part of registering or submitting information to receive Paid Services, you also authorize stacks (either directly or through its affiliates, subsidiaries or other third parties) to request and collect payment (or otherwise charge, refund or take any other billing actions) from our payment provider or your designated banking account, and to make any inquiries stacks or its affiliates may consider necessary to validate your designated payment account or financial information, in order to ensure prompt payment, including for the purpose of receiving updated payment details from your payment, credit card or banking account provider (e.g., updated expiry date or card number as may be provided to us by your credit card company).

2. Invoices

Stacks and/or its affiliated will issue an invoice for any payment of fees or refund made to or accepted by Stacks. Each invoice will be made available to you via your User account and/or by E-mail.

3. Subscription Auto-Renewals

In order to ensure that you do not experience any interruption or loss of services due to lapse of any particular subscription period, Stacks will attempt to automatically renew your subscription period for an equal period in time to the original period. For example, if the original subscription period for a Service is one month, each of its renewal periods (where applicable) will be for one month.
Unless you cancel your subscription to Stacks service(s), Stacks will automatically renew such service when it comes up for renewal
Notwithstanding anything to the contrary in the foregoing, you are and shall be solely responsible to verify and ensure the successful renewal of the stacks Services you use (whether or not such stacks Services are subject to automatic subscription renewals). Accordingly, you shall be solely responsible with respect to any discontinuation of any stacks Services previously purchased by you, including due to a cancellation, failure to charge the applicable recurring Fees, or due to any stacks Services not being subject to automatic subscription renewals. You acknowledge and agree that you shall not have any claims against stacks in relation to the discontinuation of any stacks Services or Third Party Services, for whatever reason.

4. Money-Back Guarantee

If you are not satisfied with Stacks Services, you’re able to request a refund within fourteen (14) days of subscribing to Stacks Services. The refund is not applicable to any additional purchases,upgrades or renewals of Stack Services.
Stacks will refund to you same amount charged for such Service, in currency you were originally charged in. Stacks will not be responsible for any differences caused by change of currency exchange rates or fees you were charge by third parties.
After the refund period (Fourteen days) the fees paid by you are non-refundable.

5. Chargebacks

If, at any time, we record a decline, chargeback or other rejection of a charge of any payable Fees on your stacks account (“Chargeback”), this will be considered as a breach of your payment obligations hereunder, and your use of the stacks Services may be automatically disabled or terminated.
If we noticed chargeback or decline or any rejection of charge then we can automatically disable or terminate your subscription
In the event a Chargeback is performed, your User Account may be blocked without the option to re-purchase or re-use it, and any data contained in such User Account, including any domains, applications and Third Party Services may be subject to cancellation and Capacity Loss (as defined in Section 6.3 below).
Your account will not be reactivated until you re-subscribe for any Stacks services, and pay any additional fees in full including all expenses incurred by Stacks for each Chargeback received.
If you have any questions or concerns regarding a payment made to stacks, we encourage you to first contact our Customer Support team before filing a Chargeback or reversal of payment, in order to prevent the stacks Services from being cancelled and your User Account being blocked, and to avoid the filing of an unwarranted or erroneous Chargeback, which may result in your being liable for its applicable Fees, in addition to re-payment of all the Fees applicable to the stacks Services purchased (and charged-back) by you.
We reserve our right to dispute any Chargeback received, including by providing the relevant credit card company or financial institution with any information and documentation proving that the User responsible for such Chargeback did in fact authorize the transaction and make use of the services rendered thereafter.

Cancellation

You cancel your user account and/or any stacks services at any time, The effective date and time for such cancellation shall be the date and time on which you have completed the cancellation process on stacks and the effective date for cancellation of Paid Services shall be at the end of such Paid Services’ subscription period.
Also any subscription for Paid Services will be discontinued upon the expiration of the subscription period for which you have already made the payment

Failure to comply with any of the stacks Terms and/or to pay any due Fee shall entitle stacks to suspend (until full payment is made) or cancel your User Account and User Platform (or certain features thereof).

All the above in this section may result in the loss of certain content of your account and stacks shall not be liable in any way for such loss or for saving a backup for the deleted user Account

E-Commerce

We offer services that helps you to sell goods and services. Any activities, transactions or promotions related to to your products is your own responsibility as we are only providing you with a service that helps you to manage your E-commerce activities.
Any transactions that may take place is not our responsibility, such transactions are processed through third party online payment processor that you choose to work with.
By using any of our E-Commerce features, you acknowledge, warrant and agree that:

  1. Any Taxes or fees related to the process of purchasing any of your products is your own responsibility. We encourage you to inform your end users about such fees and texas.
  2. Any Taxes indicated by the E-Commerce features provided to you by stacks are solely provided for illustration purposes only, and may not be relied on in any way;
  3. Delivering process and shipping cost of your products is your own responsibility
  4. All Statements and promises you make are your own responsibility, We encourage you to provide accurate contact information for end users to receive any questions or complaints.
  5. You can not sell any products that are prohibited to be sold or distributed whether because it’s risky,stolen or abusive.

Plugins

Stacks allows you to add whatever WordPress plugin that you want in your system, Those plugins totally falls under your responsibility, Stacks is not responsible for any loss or corruption caused by those plugin but we will do everything possible to help you overcome the issues caused by such plugin

After your confirmation and for your security we might need to disable and totally remove certain plugin that is causing issues on your website.

Misconduct

If you believe a User or any Third Party Services acted inappropriately or otherwise misused any of the stacks Services, please immediately report such User and/or Third Party Service to us to: info@stacksmarket.co this form.

Disclaimer of Warranties

We provide the stacks Services on an “As Is”, “with all faults” and “As Available” basis, without any warranties of any kind, including any implied warranties or conditions of merchantability, fitness for a particular purpose, workmanlike effort, non-infringement, or any other warranty – all to the fullest extent permitted by law. We specifically do not represent or warrant that the stacks Services (or any part, feature or Content thereof) are complete, accurate, of any certain quality, reliable or secure in any way, suitable for or compatible with any of your (or your End Users’) contemplated activities, devices, operating systems, browsers, software or tools (or that they will remain as such at any time), or comply with any laws applicable to you or your End Users (including in any jurisdiction in which you operate), or that their operation will be free of any viruses, bugs or other harmful components or program limitations. Moreover, we do not endorse any entity, product or service (including any Third Party Services) mentioned on or made available via the stacks Services – so please be sure to verify those before using or otherwise engaging them.
stacks may, at its sole discretion (however it shall have no obligation to do so), screen, monitor and/or edit any User Platform and/or User Content, at any time and for any reason, with or without notice.
Notwithstanding anything to the contrary in the foregoing, in no circumstances may stacks be considered as a “publisher” of any User Content, does not in any way endorse any User Content, and assumes no liability for any User Content uploaded, posted, published and/or made available by any User or any other party on and/or through the stacks Services, for any use by any party, or for any loss, deletion or damage thereto or thereof or any loss, damage, cost or expense that you or others may suffer or incur as a result of or in connection with publishing, accessing and/or relying on any User Content. Furthermore, stacks shall not be liable for any mistakes, defamation, libel, falsehoods, obscenity, pornography, incitement and/or any other unlawful and/or infringing User Content you or any other party may encounter.
You acknowledge that there are risks in using the stacks Services and/or connecting and/or dealing with any Third Party Services through or in connection with stacks Services, and that stacks cannot and does not guarantee any specific outcomes from such use and/or interactions, and you hereby assume all such risks, liabilities and/or harm of any kind arising in connection with and/or resulting from such interactions. Such risks may include, among others, misrepresentation of information about and/or by Third Party Services and/or Licensed Content, breach of warranty and/or contract, violation of rights, and any consequent claims.
stacks does not recommend the use of the stacks Services for hosting of personal content and shall not bear any security or integrity obligations or risks regarding breach or damage to any such content.
Please note that certain stacks Services are currently offered in their BETA version, and undergoing BETA testing. You understand and agree that certain stacks Services may still contain software bugs, suffer disruptions and not operate as intended or designated. Your use of the stacks Services at this BETA stage signifies your agreement to participate in such stacks Services’ BETA testing.

Limitation of Liability

In no event will Stacks or its affiliates, suppliers or Resellers be liable for any special, incidental, indirect, exemplary or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss or damage) arising out of the use of or inability to use the Service, or the provision of or failure to provide technical or other support service, whether arising in tort (including negligence) contract or any other legal theory, even if Stacks, its affiliates, suppliers or Resellers have been advised of the possibility of such damages. In any case, Stacks, its affiliates’, suppliers’ and Resellers’ maximum cumulative liability and Your exclusive remedy for any claims arising out of or related to this Agreement will be limited to the amount actually paid by You for the Service (if any) in the previous twelve (12) months.

Indemnity

You agree to indemnify, defend and hold harmless Stacks, its affiliates, officers, directors, employees, consultants, agents, suppliers and Resellers from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys fees as and when incurred) arising from Your use of the Service, Your use of Your Account, Your violation of these Terms of Service or the infringement or violation by You or any other User of Your Account, of any intellectual property relating to the Service (including without limitation Your User Content) or other right of any person or entity.

General

1. Stacks Updates

stacks reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice at any time. You agree that stacks shall not be liable to You or to any third party for any modification, suspension, termination or discontinuance of the Service.

2 CHOICE OF LAW AND FORUM

The stacks Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the stacks Services, their interpretation, or the breach, termination or validity thereof, the relationships which result from or pursuant to the stacks Terms, or any related transaction or purchase, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of Egypt

Subject to any applicable law, all disputes between you and stacks shall only be resolved on an individual basis and you shall not have the right to bring any claim against stacks as a plaintiff or a member of a class, consolidated or representative actions (or any other legal proceedings conducted by a group or by representatives on behalf of others).

3. Notices

We may provide you with notices in any of the following methods: (1) via the stacks Services, including by a banner or pop-up within the stacks Website, User Account or elsewhere; (2) by e-mail, sent to the e-mail address you provided us; and/or (3) through any other means, including any phone number or physical address you provided us. stacks’s notice to you will be deemed received and effective within twenty four (24) hours after it was published or sent through any of the foregoing methods, unless otherwise indicated in the notice.

4. Agency

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship between You and Stacks is intended or created by these Terms of Service.

5. Entire Agreement

These Terms of Use, together with the stacks Terms and any other legal or fee notices provided to you by stacks, shall constitute the entire agreement between you and stacks concerning the subject matter hereof or thereof, and supersede any and all prior or contemporaneous agreements, understandings, promises, conditions, negotiations, covenants or representations, whether written or oral, between stacks and you, including those made by or between any of our respective representatives, with respect to any of the stacks Services. You further agree that you are not relying upon any promise, inducement, representation, statement, disclosure or duty of disclosure of stacks in entering into any of the stacks Terms.

6. Severability & Waivers

Failure by either party to exercise any of its rights under, or to enforce any provision of, this Agreement will not be deemed a waiver or forfeiture of such rights or ability to enforce such provision. If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid or unenforceable, that provision will be amended to achieve as nearly as possible the same economic effect of the original provision and the remainder of this Agreement will remain in full force and effect.

7. Customer Service Contact

To get in touch with our Customer Service – please send an email message to: info@stacksmarket.co

Stacks