1.Who we are and what this covers
ADJustabLe Technologies LLC, an Ohio limited liability company ("we", "us"), provides Stacks, an inventory tracking service for equipment and consumables, through a web app and an iOS app (the "service").
These terms are an agreement between us and the business that creates an account (the "customer", "you"). By creating an account, you agree to them on the customer's behalf, and to the Privacy Policy.
2.Your account and organization
The person who signs up becomes the first Admin of a new organization. They must be at least 18 and authorized to enter a binding agreement for the business they sign up for.
The customer is responsible for its organization: the people its Admins invite, the roles they are given, what they enter, and their following these terms. Give accurate details and keep passwords private. Tell us promptly at the support address if you think an account has been compromised.
3.The free trial
Each business may have one free trial. A trial gives your organization full access for the length of time shown when you sign up, with no card needed. We may refuse a trial to a business that has already had one.
When the trial ends and you have not subscribed, your organization becomes read-only. You can still sign in and view everything, but you cannot make changes or export data until you choose a plan. We do not delete the data of a trial that did not subscribe; it is kept read-only and deleted only as set out in section 5.
4.Plans, renewal and payment
Paid plans are billed in advance, monthly or yearly, through Stripe. Your plan renews automatically at the end of each billing period, and we charge the payment method on file, until you cancel. You authorize those charges. Taxes are added at checkout where they apply. For yearly plans, we send a reminder to your billing contact (the email address given at checkout) at least 30 days before each renewal.
Each plan includes limits on warehouses, trucks and branches; users and job sites are unlimited. Your plan's limits start when you subscribe. If you subscribe during a trial, the trial continues and the first charge is on the day it would have ended.
We may change prices or plan limits. We will email your Admins at least 30 days before a change, and it applies from your next renewal, so you can cancel before then.
If your organization has more warehouses or trucks than its plan includes, moves to and from that kind of location pause until you archive enough of them, or move to a plan that includes them. Nothing is deleted or disabled, and everything stays visible. You can always move items from one over-limit location of a kind into another of the same kind so it can be archived.
If a payment fails, we will retry it and notify your billing contact. If it is still unpaid when the retries end, your organization becomes read-only until it is paid, and we email your Admins when it does. See Cancellation & Refunds for cancelling and refunds.
5.Your data
Your data is yours. You give us permission to host, copy, process, back up and display it only as needed to provide and support the service. We do not sell it. We share it only with the providers that help us run the service, listed in the Privacy Policy, or when the law requires us to.
We may use aggregated information that does not identify you, your organization or any person to operate and improve the service.
You can export your data during a trial or subscription, and while your organization is read-only because a payment failed or a subscription ended.
When a subscription ends, or a trial ends without one, your data is kept read-only. We delete it when you ask, or when your organization has had no sign-ins for 12 months, after emailing its Admins at least 30 days before. Deleted data may stay in our backups for up to 14 days, until those backups expire.
We use reasonable technical and organizational measures to protect your data. If we learn of a security breach affecting it, we will tell your Admins without undue delay.
Stacks records inventory movements as your users report them. You are responsible for checking counts and records that matter to you. Stacks is not a substitute for your own records for insurance, tax or audit purposes.
6.Location data
The iOS app records the device's location when a user scans an item, and the service shows where items, warehouses and job sites are.
Before your users use the iOS app, you are responsible for telling them it records location, and for getting any consent the law requires where they work. Do not use location data in any way the law does not allow.
7.Our service
We own the service, including its software and design. While you have a trial or subscription, you may use the service for your business's internal operations.
You may not copy, resell or reverse-engineer the service, or access it by automated means except through features we provide. If you send us feedback or ideas, we may use them without any obligation to you.
Maps and address lookups are provided by Apple. Apple's own terms apply to its part of the service.
8.Acceptable use
Do not use the service to break the law, to attack or probe it, to upload malicious code, to send it automated sign-ups, or to store content you have no right to store.
9.Suspension
We may suspend an organization that breaks section 8 or has an unpaid balance. We will tell its Admins why, and where we reasonably can, we will tell them before suspending. We may suspend immediately when needed to protect the service or other customers, or to comply with the law.
Suspension deletes nothing. We restore access once the reason is resolved.
10.Availability and changes
We work to keep the service available, but we do not promise it will never be interrupted.
We may change the service. We will give at least 30 days' notice before removing a feature you depend on.
We may update these terms. For a material change, we will email your Admins at least 30 days before it takes effect, and the version above will change. If you keep using the service after that date, you accept the new terms; if you do not agree, you can cancel before then. New sign-ups agree to the current version.
11.Ending the agreement
You can cancel any time from the Billing page. Your plan continues until the end of the period you have paid for, and then your organization becomes read-only.
We may end an account for a serious or repeated breach of these terms, after telling its Admins why.
If we stop offering the service, we will give at least 90 days' notice so you can export your data. We will refund any prepaid fees for time after the service ends.
Sections 5, 7 and 12 to 17 continue to apply after this agreement ends.
12.Disclaimer of warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE". TO THE EXTENT THE LAW ALLOWS, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT INVENTORY COUNTS, LOCATIONS OR OTHER RECORDS IN IT WILL BE ACCURATE.
13.Limitation of liability
TO THE EXTENT THE LAW ALLOWS:
- WE ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA OR BUSINESS, EVEN IF WE WERE TOLD THEY WERE POSSIBLE.
- OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE OR THESE TERMS, TOGETHER, IS LIMITED TO THE GREATER OF THE AMOUNT YOU PAID US IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE FIRST CLAIM, OR $100.
14.Indemnity
You will defend us against, and pay any losses and reasonable costs from, claims by third parties that arise from your data, your users' use of the service (including the collection of their location), or your breach of these terms.
15.Governing law and disputes
The laws of the State of Ohio govern these terms, without regard to conflict-of-laws rules. Any dispute will be decided only in the state or federal courts located in Summit County, Ohio, and both of us agree to those courts' jurisdiction.
Before starting a legal claim, either of us will first write to the other and try in good faith to resolve it for at least 30 days.
16.The iOS app
If you or your users download the iOS app from Apple's App Store:
- These terms are between you and us, not Apple. We, not Apple, are responsible for the app and its support.
- Apple has no warranty obligation for the app beyond what the law requires. Apple is not responsible for any claims about the app, including product liability, legal compliance or intellectual property claims.
- You confirm you are not in a country under a U.S. government embargo, and not on any U.S. list of prohibited or restricted parties.
- You must also follow the App Store's usage rules.
- Apple and its subsidiaries are third-party beneficiaries of this section and may enforce it.
17.General
- Entire agreement. These terms, the Privacy Policy, the Cancellation & Refunds page and any order form we both sign are the whole agreement between us. If a signed order form conflicts with these terms, the order form wins.
- Notices. We send notices by email to your organization's Admins. You send notices to the support address below. You agree to receive notices electronically.
- Assignment. You may not transfer this agreement without our written consent. We may transfer it as part of a merger, acquisition or sale of our business.
- Events beyond control. Neither of us is responsible for delays caused by events beyond reasonable control, such as outages of internet or hosting providers, natural disasters or government action.
- Severability and waiver. If part of these terms is unenforceable, the rest still applies. Not enforcing a term is not a waiver of it.
- Relationship. We are independent businesses; these terms create no partnership or agency.
18.Contact
Questions about these terms? Write to support@stacksinventory.com.