Thank you for using the Stomio website at stomio.io (the "Site") and using Stomio, Inc.'s ("Company" or "we" or "our" or "us") corresponding service that allows, among other things, companies ("Organizations") and their personnel to facilitate their beta testing ("Testing") processes, including functionality to (i) send out Testing invitations to beta testers ("Testers"), (ii) manage and track Testers' acceptance of Organizations' testing terms and conditions ("Testing Terms"); (iii) track and manage Testing and feedback from Testing; and (iv) track shipment and disposition of Organizations' beta test products ("Test Products") (such service collectively with the Site, the "Service"). These Terms of Service ("Agreement") governs Organizations' (and their personnel's') and Testers' (as applicable, "users", "you", "your") browsing, viewing and other use of the Service.
Please read this Agreement carefully, as it provides in Section 17 that you and the Company will arbitrate certain claims instead of going to court and that you will not bring class action claims against the Company. Please only create a Service account or otherwise use the Service if you agree to be legally bound by all terms and conditions herein.
Note for Children. Use of the Service by anyone under the age of 18 is prohibited. By using the Service, you represent and warrant that you are at least 18 years of age.
1. How it Works
The Service allows Organizations to manage Testing by providing functionality where Organizations can define one or more Testing programs and related Test Products, and then (i) send out Testing invitations to Testers, (ii) manage and track Testers' acceptance of Testing Terms; (iii) track and manage Testing and feedback from Testing; and (iv) track shipment and disposition of Test Products.
If you are a Tester, the Service may provide you Testing Terms as a condition to participating in Testing. To the extent that there is a conflict between the Testing Terms and this Agreement, this Agreement shall control with respect to your use of the Services, but the Testing Terms shall otherwise control.
2. Login Credentials
In order to use portions of the Service, you may be required to register by providing certain information and creating a username and password ("Login Credentials"). You are responsible for protecting your Login Credentials from unauthorized use, and you are responsible for all activity that occurs on your account. You agree to notify the Company immediately if you believe that your Login Credentials have been or may be used without your permission.
During your registration, you shall provide truthful information about yourself. You represent, warrant and covenant to us that all Account Information is and shall remain accurate and up to date.
3. Representations and Warranties
You represent, warrant and covenant that, in connection with this Agreement or the Service, you will not and will not attempt to: (i) violate any laws, third party rights or our community guidelines and other policies; (ii) re-join or attempt to use the Service if the Company has banned or suspended you; (iii) defraud the Company or another user; or (iv) use another user's account or allow another person to use your user account.
4. Ownership; Proprietary Rights
As between you and the Company, the Company owns all worldwide right, title and interest, including all intellectual property and other proprietary rights, in and to the Service and all usage and other data generated or collected in connection with the use thereof (the "Company Materials"). Except as expressly set forth herein, you agree not to license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make any unauthorized use of the Company Materials.
Public-facing demos, evaluation environments, sample workspaces, screenshots, videos, walkthroughs and similar materials that the Company makes available in connection with the Service are part of the Company Materials and may be made available solely for internal evaluation of the Service. Except as expressly authorized in writing by the Company, you may not reproduce, republish, redistribute, publicly display, or use such materials to develop, train, improve, or market any competing product or service.
You may provide suggestions, comments, ideas, or other information in connection with the Company Materials ("Feedback"), and you hereby grant to Company a nonexclusive, perpetual, irrevocable, royalty-free and fully paid up license to use, copy, display, modify, create derivative works of and distribute any such Feedback, for the purpose of improving the operation, functionality or use of its existing and future product offerings.
5. Third Party Sites
The Service may include advertisements or other links that allow you to access web sites or other online services that are owned and operated by third parties. You acknowledge and agree that the Company is not responsible and shall have no liability for the content of such third party sites and services, products or services made available through them, or your use of or interaction with them.
6. Payments
Payment processing for the Service is provided by such third-party payment processor as the Company may utilize from time to time. The Company does not collect or store your credit card information.
Unless otherwise specified upon enrollment, for subscription products or services, your payment method will be authorized on a monthly basis until you cancel the subscription. All fees must be paid in U.S. dollars and are non-refundable.
Cancellation. YOU MAY CANCEL YOUR SUBSCRIPTION AT ANY TIME BY CONTACTING US AT support@stomio.io OR BY DOWNGRADING YOUR ACCOUNT IN THE SETTINGS SECTION ON THE WEBSITE. TO NOT BE CHARGED FOR THE FOLLOWING SUBSCRIPTION MONTH, YOU MUST CANCEL AT LEAST THIRTY (30) DAYS PRIOR TO THAT MONTH.
8. User Content
The Service may allow Organizations and Testers to upload, post and share text, images, audio and video ("User Content"). You acknowledge that all User Content is stored on Company's servers.
You hereby grant the Company a worldwide, non-exclusive, fully paid-up, royalty-free, irrevocable, perpetual, sublicenseable and transferable license to use, reproduce, display, transmit and prepare derivative works of your User Content (i) to the extent necessary to provide the functionality of the Service to you and other users; and (ii) for Company's internal business purposes.
In connection with your User Content, you agree that you will not: (i) use material subject to third party intellectual property or proprietary rights without permission; (ii) use material that is unlawful, defamatory, libelous, threatening, pornographic, obscene, harassing, hateful, racially or ethnically offensive; or (iii) post advertisements or marketing content.
9. Prohibited Uses
As a condition of your use of the Service, you will not use the Service for any purpose that is unlawful or prohibited by this Agreement. You may not use the Service in any manner that could damage, disable, overburden, impair or interfere with any other party's use of it. You agree not to scrape or otherwise use automated means to access or gather information from the Service.
Without limiting the foregoing, and except to the extent any such restriction is prohibited by applicable law, you agree not to reverse engineer, decompile, disassemble, benchmark for public comparison, or otherwise analyze the Service or Company Materials for the purpose of replicating the Service or building a competing product or service.
10. Suspension; Termination
You may terminate this Agreement at any time by deleting your Service account by contacting the Company at support@stomio.io. The Company may terminate your access to or use of the Service at any time if: (i) in our sole discretion, such action is necessary to prevent material errors or harm to any system or network; or (ii) you attempt to access or use the Service in an unauthorized manner.
11. Disclaimers; No Warranties
THE SERVICE AND ANY USER CONTENT, INFORMATION OR OTHER MATERIALS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SERVICE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. THE COMPANY AND ITS LICENSORS, SERVICE PROVIDERS AND PARTNERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
12. Indemnification
You agree to indemnify and hold the Company and its affiliated companies, and each of their officers, directors and employees, harmless from any claims, losses, damages, liabilities, costs and expenses, including reasonable attorney's fees, arising out of or relating to your use or misuse of the Service, breach of this Agreement or infringement, misappropriation or violation of the intellectual property or other rights of any other person or entity.
13. Limitation of Liability and Damages
EXCEPT FOR INDEMNIFICATION OBLIGATIONS, UNDER NO CIRCUMSTANCES SHALL EITHER PARTY OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, OR THIRD PARTY PARTNERS, LICENSORS OR SERVICE PROVIDERS BE LIABLE TO THE OTHER PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES THAT ARISE OUT OF OR RELATE TO THE SERVICE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE TOTAL LIABILITY OF COMPANY TO YOU FOR ALL DAMAGES EXCEED ONE THOUSAND U.S. DOLLARS.
14. Dispute Resolution
This Agreement will be construed according to the law of the State of California, without reference to its conflict of laws rules. For individuals residing in the United States, all actions or proceedings arising in connection with this Agreement shall be tried and litigated exclusively in the state or federal courts located in San Francisco, California.
For individuals not residing in the United States, all disputes shall be finally settled in San Francisco, California under the Rules of Arbitration of the International Chamber of Commerce ("ICC"). The number of arbitrators shall be one. The language to be used in any such proceedings shall be English.
No action, regardless of form, arising out of this Agreement, may be brought by either party more than one (1) year after the cause of action has arisen.
15. Miscellaneous
The Company may make modifications, deletions and/or additions to this Agreement ("Changes") at any time. Changes will be effective thirty (30) days after the Company provides notice of the Changes. Under this Agreement, you consent to receive communications from the Company electronically.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by the Company without restriction. This is the entire agreement between us relating to the subject matter herein.
16. More Information; Complaints
The services hereunder are offered by Stomio, Inc., located at 2933 McClure St. Apt 14, Oakland, CA, USA 94609, telephone: 510-388-6332.
If you are a California resident, you may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs via mail at 1625 North Market Blvd., Suite N112, Sacramento, CA 95834 or telephone at (916) 445-1254 or (800) 952-5210.