Effective Date: September 22, 2024
Important Notice
THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN THE ARBITRATION AND CLASS ACTION WAIVER SECTION BELOW. PLEASE READ CAREFULLY.
PLEASE NOTE THAT YOUR USE OF AND ACCESS TO THE PLATFORM (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE PLATFORM IN ANY MANNER.
These Terms of Use ("Terms") are a binding legal agreement between you and [SPRINTSTACK LEGAL ENTITY NAME] ("SprintStack," "we," "us," or "our"). "User," "you" and "your" refer to the individual or entity that uses SprintStack websites, applications, and related offerings (collectively, the "Platform"). "Customer" refers to the person who asks a question or requests help on the Platform. "Expert" refers to the person who answers a question or provides help on the Platform. Customer and Expert together are "Users".
Except in your capacity as an Expert (or in an application to act as an Expert), which shall be governed by the SprintStack Expert Agreement, these Terms govern your use of the Platform.
By using or otherwise accessing the Platform or clicking to accept or agree to these Terms, you (1) accept and agree to these Terms, (2) consent to the collection, use, disclosure and other handling of information as described in our Privacy Policy, and (3) agree to comply with all rules, policies, and disclaimers posted on the Platform or about which you are notified.
All references to "you" or "your," as applicable, mean the person who accesses, uses, and/or participates in the Platform in any manner, and each of your heirs, assigns, and successors. If you use the Platform on behalf of an entity, you represent and warrant that you have the authority to bind that entity, your acceptance of the Terms will be deemed an acceptance by that entity, and "you" and "your" herein shall refer to that entity.
SprintStack provides an online venue (the "Platform") where Customers can connect with Experts for information and assistance related to technology, software development, engineering, data, cloud, cybersecurity, and other technical topics. The Platform may include web-based services, mobile applications, AI-powered tools (such as chatbots or automated assistance features), and related offerings.
IMPORTANT DISCLAIMERS:
Any data, questions, or information you enter into AI-powered tools or automated features on the Platform is subject to these Terms and our Privacy Policy. SprintStack may use such information to improve the Platform and provide better matching between Customers and Experts.
SprintStack may offer additional premium services beyond the basic Platform features, including but not limited to:
Premium services may be subject to additional fees and terms, which will be disclosed at the time of purchase. By purchasing or using premium services, you agree to any additional terms associated with those services.
SprintStack membership plans are designed for reasonable personal or business use. To ensure fair access for all Users, we reserve the right to limit or suspend accounts that engage in excessive or abusive usage patterns, including but not limited to:
SprintStack reserves the right to determine, in its sole discretion, what constitutes fair use and to take appropriate action, including suspension or termination of accounts that violate this policy.
SprintStack reserves the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on the Platform and updating the "Effective Date" at the top of this document. Your continued use of the Platform after any such changes constitutes your acceptance of the modified Terms.
SprintStack also reserves the right to modify, suspend, or discontinue any aspect of the Platform at any time, including the availability of any features, databases, or content. SprintStack may also impose limits on certain features and services or restrict your access to parts or all of the Platform without notice or liability.
Age Requirement: You must be at least 13 years of age to use the Platform. If you are under 18 years of age (or the age of legal majority in your jurisdiction), you may only use the Platform with the consent and supervision of a parent or legal guardian who agrees to be bound by these Terms.
Account Creation: To access certain features of the Platform, you may be required to create an account. You agree to:
SprintStack reserves the right to refuse registration, cancel accounts, or deny access to the Platform in its sole discretion.
When you submit questions, code, files, or other content ("Posts") to the Platform or communicate with Experts, you understand and agree that:
You represent and warrant that your Posts do not violate any third-party rights, including intellectual property rights, privacy rights, or confidentiality obligations.
You agree not to engage in any of the following prohibited activities:
SprintStack respects the intellectual property rights of others and expects Users to do the same. In accordance with the Digital Millennium Copyright Act ("DMCA"), we will respond to notices of alleged copyright infringement.
If you believe that your copyrighted work has been copied and is accessible on the Platform in a way that constitutes copyright infringement, please provide our designated copyright agent with the following information:
Send DMCA notices to: [SPRINTSTACK LEGAL EMAIL]
Membership Plans: SprintStack offers various membership plans that may include monthly or annual subscription options. By subscribing to a membership plan, you authorize SprintStack to charge your payment method on a recurring basis until you cancel.
Pay-Per-Question: SprintStack may offer pay-per-question options for non-members. Fees for individual questions will be disclosed before you submit your question.
Premium Add-On Services: Additional premium services may be available for separate fees, which will be disclosed at the time of purchase.
Refund Policy:
Cancellation: You may cancel your membership at any time through your account settings or by contacting support. Cancellation will be effective at the end of your current billing period. No partial refunds will be provided for unused portions of a billing period.
Price Changes: SprintStack reserves the right to change its fees at any time. Price changes for existing subscribers will take effect at the start of the next billing period following notice.
The Platform and all content, features, and functionality (including but not limited to all information, software, text, displays, images, video, audio, and the design, selection, and arrangement thereof) are owned by SprintStack, its licensors, or other providers and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws.
Limited License: Subject to your compliance with these Terms, SprintStack grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Platform solely for your personal or internal business purposes.
You may not:
If you provide SprintStack with any feedback, suggestions, ideas, or recommendations regarding the Platform ("Feedback"), you hereby grant SprintStack a perpetual, irrevocable, worldwide, royalty-free, fully-paid, sublicensable, and transferable license to use, reproduce, modify, create derivative works from, distribute, publicly display, and otherwise exploit the Feedback for any purpose without compensation or attribution to you.
You acknowledge that SprintStack may already be developing or may in the future develop features or services similar to your Feedback, and you waive any claims related to such similarities.
The Platform may contain links to third-party websites, services, or resources that are not owned or controlled by SprintStack. SprintStack has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services.
You acknowledge and agree that SprintStack shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
These Terms remain in effect while you use the Platform. SprintStack may, in its sole discretion, at any time and for any or no reason, suspend or terminate your account and/or your access to the Platform with or without prior notice.
Upon termination:
You may terminate your account at any time by following the instructions on the Platform or by contacting [SPRINTSTACK SUPPORT EMAIL].
You agree to indemnify, defend, and hold harmless SprintStack, its affiliates, officers, directors, employees, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:
You hereby release SprintStack and its affiliates from any claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with any dispute you have with any Expert or other User.
By providing your mobile phone number, you consent to receive SMS text messages from SprintStack related to your account, including:
Message frequency varies. Message and data rates may apply. You can opt out of SMS messages at any time by replying STOP to any message or by contacting [SPRINTSTACK SUPPORT EMAIL].
SprintStack is not liable for any delays or failures in SMS delivery. Carriers are not liable for delayed or undelivered messages.
THE PLATFORM AND ALL CONTENT, FEATURES, AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
SprintStack does not warrant that:
PROFESSIONAL ADVICE DISCLAIMER:
INFORMATION PROVIDED BY EXPERTS ON THE PLATFORM IS FOR GENERAL INFORMATIONAL PURPOSES ONLY AND DOES NOT CONSTITUTE PROFESSIONAL ADVICE. YOU SHOULD NOT RELY SOLELY ON SUCH INFORMATION FOR MAKING DECISIONS. ALWAYS SEEK THE ADVICE OF QUALIFIED PROFESSIONALS FOR YOUR SPECIFIC SITUATION.
Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SPRINTSTACK, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER SPRINTSTACK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL SPRINTSTACK'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE PLATFORM EXCEED THE GREATER OF (A) THE AMOUNTS YOU HAVE PAID TO SPRINTSTACK IN THE TWELVE (12) MONTHS PRIOR TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100 USD).
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.
Agreement to Arbitrate: You and SprintStack agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Platform shall be resolved by binding arbitration, rather than in court, except that either party may seek equitable relief in court for infringement or misuse of intellectual property rights.
Class Action Waiver: YOU AND SPRINTSTACK AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Arbitration Rules: The arbitration shall be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules. The arbitration will be held in [GOVERNING LAW / VENUE] or another mutually agreed location.
Opt-Out: You may opt out of this arbitration agreement by sending written notice to [SPRINTSTACK OPT-OUT EMAIL] within 30 days of first accepting these Terms. Your notice must include your name, address, and a clear statement that you wish to opt out of arbitration.
Survival: This arbitration provision shall survive termination of these Terms and your use of the Platform.
These Terms and any dispute arising out of or related to these Terms or the Platform shall be governed by and construed in accordance with the laws of [GOVERNING LAW / VENUE], without regard to its conflict of law provisions.
For any disputes not subject to arbitration, you and SprintStack agree to submit to the personal and exclusive jurisdiction of the courts located in [GOVERNING LAW / VENUE].
The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.
Subject to your compliance with these Terms, SprintStack grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use the SprintStack mobile application ("App") on a mobile device that you own or control, solely for your personal, non-commercial use.
You agree not to:
SprintStack reserves all rights in the App not expressly granted to you.
Entire Agreement: These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and SprintStack concerning the Platform.
Waiver: The failure of SprintStack to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.
Severability: If any provision of these Terms is held to be invalid or unenforceable, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, and the remaining provisions shall continue in full force and effect.
Assignment: You may not assign or transfer these Terms or your rights hereunder without SprintStack's prior written consent. SprintStack may assign these Terms without restriction.
No Agency: No agency, partnership, joint venture, or employment relationship is created by these Terms, and you have no authority to bind SprintStack in any respect.
Force Majeure: SprintStack shall not be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.
Headings: The headings in these Terms are for convenience only and do not affect interpretation.
If you have any questions about these Terms of Service, please contact us:
Company
[SPRINTSTACK LEGAL ENTITY NAME]
Address
[SPRINTSTACK LEGAL ADDRESS]
General Support
[SPRINTSTACK SUPPORT EMAIL]
Legal Inquiries
[SPRINTSTACK LEGAL EMAIL]
Website
[SPRINTSTACK DOMAIN]
The following additional terms apply if you access or use the SprintStack mobile application on an iOS device:
Acknowledgement: You acknowledge that these Terms are between you and SprintStack only, and not with Apple Inc. ("Apple"). SprintStack, not Apple, is solely responsible for the App and its content.
Scope of License: The license granted to you for the App is limited to a non-transferable license to use the App on any Apple-branded device that you own or control and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions.
Maintenance and Support: SprintStack is solely responsible for providing any maintenance and support services with respect to the App. Apple has no obligation to provide any maintenance or support services.
Warranty: SprintStack is solely responsible for any product warranties, whether express or implied by law. Apple has no warranty obligation with respect to the App.
Product Claims: SprintStack, not Apple, is responsible for addressing any claims relating to the App or your possession and/or use of the App, including but not limited to: (a) product liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection, privacy, or similar legislation.
Intellectual Property: In the event of any third-party claim that the App infringes a third party's intellectual property rights, SprintStack, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such claim.
Third-Party Beneficiary: Apple and Apple's subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.
Legal Compliance: You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
By using SprintStack, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.
Last Updated: September 22, 2024