Staq

Staq's Terms of Service

Merchant Terms of Service

Staq Finance, Inc.

Effective Date: April 28, 2023

Staq Finance, Inc. ("Staq Finance," "we," "us" and "our") welcomes you to use our website at www.staq.app (the "Website"), mobile and web-based applications (collectively, the "Applications") including all content, features, technologies, functions and services we offer in connection with your Staq Finance merchant account (collectively, the "Services").

PLEASE READ THESE MERCHANT TERMS OF SERVICE (THE "TERMS") CAREFULLY.

THESE TERMS ARE A LEGALLY BINDING CONTRACT BETWEEN YOU AND STAQ FINANCIAL AND GOVERN YOUR MERCHANT ACCOUNT AND YOUR USE OF OUR SERVICES. IF YOU ARE REGISTERING A MERCHANT ACCOUNT OR USING THE SERVICES ON BEHALF OF AN ENTITY, YOU REPRESENT THAT YOU ARE AUTHORIZED BY SUCH ENTITY TO ACCEPT THESE TERMS ON SUCH ENTITY'S BEHALF. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU MAY NOT ACCESS THE SERVICES OR CREATE A MERCHANT ACCOUNT.

THESE TERMS ARE A LEGALLY BINDING CONTRACT BETWEEN YOU AND STAQ FINANCIAL AND GOVERN YOUR MERCHANT ACCOUNT AND YOUR USE OF OUR SERVICES. IF YOU ARE REGISTERING A MERCHANT ACCOUNT OR USING THE SERVICES ON BEHALF OF AN ENTITY, YOU REPRESENT THAT YOU ARE AUTHORIZED BY SUCH ENTITY TO ACCEPT THESE TERMS ON SUCH ENTITY’S BEHALF. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU MAY NOT ACCESS THE SERVICES OR CREATE A MERCHANT ACCOUNT.

For the purposes of these Terms, "you" or "your" refers to the merchant agreeing to these Terms and "user" or "users" refers to users who create a Staq Finance account and are authorized to use related services we offer.

PURSUANT TO THESE TERMS, ANY DISPUTE BETWEEN YOU AND STAQ FINANCE IS SUBJECT TO A CLASS ACTION WAIVER AND MUST BE RESOLVED BY INDIVIDUAL BINDING ARBITRATION. PLEASE READ THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER IN THESE TERMS AS IT AFFECTS YOUR RIGHTS.

Changes to These Terms

We may change any provision contained in these Terms at any time and any changes to these Terms will become effective when we make the revised Terms available on the Services, subject to applicable law. If our changes reduce your rights or increase your responsibilities we will provide notice to you of at least 21 days unless required by applicable law or regulatory authority. We will update the “Effective Date” at the top of the Terms if we make any such changes. You agree to review the Terms each time you use the Services so that you are aware of any modifications. Your continuing access to and use of the Services following any change constitutes your acceptance and agreement to be bound by the revised Terms. If you do not agree with any changes to these Terms, you must close your merchant account and you may no longer use our Services.

Privacy and Data Security

By accepting these Terms, you consent to the collection, use and disclosure of your personal information by us as outlined in the Privacy Policy (the "Privacy Policy"), which can be found at https://www.staq.app/privacy-policy. Our Privacy Policy is expressly incorporated into and made a part of these Terms by reference.

Registration and Use of Your Account

Eligibility. In order to be eligible to register for a merchant account and use our Services, you must (a) be a business organized or formed in, operating in, or a resident of (if operating as a sole proprietor), the United States or one of its territories, (b) be opening the merchant account for business or commercial purposes and (c) your representatives authorized to open and use your merchant account must be at least 18 years old. By creating a merchant account and using the Services you represent and warrant to us that you satisfy these eligibility requirements. If you are not eligible under these Terms, you may not create a merchant account or use the Services.
Registration of Your Account. You may only have one merchant account. You are required to create a merchant account through the registration page on the Website or Application in order to access and use the Services. Once you create a merchant account you will log into your merchant account by requesting that we send a code to your email address that you will then use to confirm your login and access the Services.
Services. You can use your merchant Staq Finance account to (a) edit your merchant profile and (b) customize the rewards given to customers.
Protection Against Unauthorized Use and Access. You may not transfer or share your Staq Finance login information with anyone (other than authorized representatives), create more than one account or use anyone else's Staq Finance account at any time. You are responsible for maintaining the confidentiality of your login information and for all activities that occur under your merchant Staq Finance account. You agree to immediately notify us of any unauthorized use of your login information or any other breach of security. We will not be liable for any loss or damage arising from your failure to comply with this provision.
Accurate Information. It is imperative that you provide accurate and truthful information about your identity, contact information and other information during the Staq Finance registration process. By providing the registration information you represent and warrant to Staq Finance that all of the information you provide during this process is true and correct. We reserve the right to refuse or terminate your merchant Staq Finance account or your use of the Services if we determine that you have not provided complete and accurate information. You are responsible for keeping your information up to date so it is complete and accurate.
Privacy and Data Protection Requirements. If you receive information about another user, you must keep the information confidential and only use it in connection with the Services. You may not disclose or distribute any information about other users to a third party or use the information for marketing purposes unless you receive that user’s express consent to do so. You may not send unsolicited emails to another user or use our Services to collect payments for sending, or assist in sending, unsolicited emails to third parties. You acknowledge that privacy and data protection laws including any associated regulations, requirements and codes may be applicable to the Services described in these Terms. In order to comply with such laws, you agree not to knowingly do anything or permit anything to be done which might lead to a breach of any privacy or data protection laws by you or Staq Finance.
Closing Your Account. You may close your merchant Staq Finance account and terminate your relationship with us at any time, but you will remain liable for all obligations and fees related to your merchant Staq Finance account even after your merchant account is closed. In addition, you may not close your merchant Staq Finance account in the following circumstances: (a) to evade an investigation; (b) there is a pending transaction or an open dispute or claim; (c) you owe amounts to us; or (d) your merchant account is subject to a hold, limitation or reserve.
Representations. You represent to us that (a) you are duly authorized to do business in the United States and (b) your employees, officers, representatives, and other agents accessing your merchant account are duly authorized to access your merchant account and to legally bind you to these Terms and all transactions conducted under your account.
Authority of Officers and Employees. You agree that all officers, employees, agents, representatives and others having access to the login information for your merchant Staq Finance account shall be vested by you with the authority to use your merchant Staq Finance account and to legally bind you. You shall be responsible for all actions by current and former officers, employees, agents, representatives and others, regardless of whether authorized by you, that access the Services using your account. YOU ASSUME THE ENTIRE RISK FOR THE FRAUDULENT, UNAUTHORIZED OR OTHERWISE IMPROPER USE OF YOUR ACCOUNT OR LOGIN INFORMATION. WE SHALL BE ENTITLED TO RELY ON THE GENUINENESS AND AUTHORITY OF ALL INSTRUCTIONS RECEIVED BY US THROUGH YOUR ACCOUNT, AND TO ACT ON SUCH INSTRUCTIONS.
User Responsibilities. You agree that you will use your merchant Staq Finance account and the Services only in compliance with our standard published policies then in effect and all applicable laws and regulations. We reserve the right to actively monitor access to the Services and may, in our sole discretion, immediately revoke the rights granted herein, remove access to the Services and terminate the merchant Staq Finance account of any person who we determine or reasonably believe has violated or is violating these Terms, or has permitted or is permitting any other person to do so.

License and Restrictions

License Grant. Subject to your compliance with these Terms, Staq Finance and its licensors (if applicable) hereby grant to you during the Term a limited, personal, non-transferable, non-sublicensable, non-exclusive, revocable license to access and use the Services in the current version thereof, solely for your own internal business use. Any future release, update or other addition to the Services shall be governed by these Terms. With respect to any open source or third party code that may be incorporated in the Services, such code is governed by the applicable open source or third party license, if any, authorizing use of such code.
Restrictions. You acknowledge and agree that you will not, and will not permit or authorize third parties, directly or indirectly, to: (a) download, copy, alter, modify, tamper with, translate, or create derivative works based on the Services or any portion thereof for any purpose whatsoever (except to the extent expressly permitted by Staq Finance); (b) attempt, by de-compilation, reverse-engineering, disassembly, or any other method, to create or derive all or any portion of the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Services or any software, documentation or data related to the Services; (c) alter or remove any copyright or proprietary rights notice on or within the Services; and (d) license, sublicense, publish, distribute, display, disclose, manufacture, sell, market, rent, lease, transfer or otherwise commercially exploit or provide access to the Services to any third parties other than users registered to access or use our Services. If you make use of the Services, other than as provided herein, in doing so you will be in breach of these Terms and may be in violation of copyright and other laws of the United States and other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. Except as provided herein we do not grant any license or other authorization to any user for the use of our trademarks, registered trademarks, service marks, copyrightable material or intellectual property by including them on the Services.
Connectivity; Equipment. You shall be solely and exclusively responsible, at your own expense, for the acquisition, installation, operation, security and maintenance of the minimum system components and communications services required to access and use the Services. Any inability to access or interruption of access to the Services due to your failure to procure and maintain the necessary hardware and communications services shall be at your sole and exclusive liability and responsibility and we shall have no responsibility or liability for same.

Fees and Payment Terms

Service Fees. The fees for our Services are stated on the fee schedule contained in your merchant Staq Finance account. We may revise the fees at any time. If we revise the fees for any Service that you are currently using, we will notify you at least 30 days before the revised fees become effective.
Payment of Fees and Other Amounts. You agree to pay, or ensure that we are able to collect, all fees and other amounts you owe to us under these Terms when due.

Description of the Services

A. General

General. Staq Finance provides a proprietary technology platform that allows you to offer certain discounts and credits (“Merchant Credits”) to buyers. You are solely and exclusively responsible for honoring any and all Merchant Credits provided to buyers. Buyers may use Merchant Credits when they redeem credits for a discount code before expiration and use that code during checkout. You may decide whether to offer Merchant Credits and to change the terms of the Merchant Credits you offer from time to time without notice; provided however, the terms of any Merchant Credits that have already been provided to any buyer on your behalf will change only if such change is required by applicable law and by you providing prior notice to the buyer. Any Merchant Credits issued on your behalf will be placed in the buyer's account once you provide the Merchant Credit information to us.
Terms Related to Credits. You acknowledge that Merchant Credits have no cash value, Merchant Credits are not owned by the buyer, and the buyer will not have any rights to a Merchant Credit until they are redeemed. Merchant Credits immediately expire, without refund or other compensation, if we discontinue this Service or your merchant account or the buyer&aspos;s account is terminated for any reason. You shall specify the terms of the Merchant Credits and you understand that all Merchant Credits are also subject to these Terms. In the event that you modify and/or eliminate Merchant Credits, in any way, you agree that we will have no responsibility based on any such modification or elimination, and you hereby indemnify us from any and all losses, expenses, claims, demands and all other liabilities arising from or resulting from such modification or elimination.
Transfer of Credits. You acknowledge and agree that Merchant Credits may be transferred by the buyer to other users for their personal, non-commercial use. The user who receives the transferred Merchant Credit must currently have or create his or her own Staq Finance account in order to use the transferred Credit. Once the transfer is successful the original buyer will no longer have the right to use the Merchant Credit. You may send marketing emails to the user after the transferred Credit has been claimed.
Refund. If you agree to refund a qualifying purchase for which the buyer has already received Merchant Credits, we reserve the right to remove all related Merchant Credits from the buyer's account, or if such Merchant Credits are no longer available in the buyer's account, they will go into a negative credit balance.
Representations. You represent and warrant to us that any Merchant Credits we issue on your behalf will (a) not contain any material which violates our content guidelines or which is otherwise unlawful, defamatory or obscene, or which infringes or violates any third-party rights (including any intellectual property rights or privacy or publicity rights) or which may encourage a criminal offense or otherwise give rise to civil liability and (ii) comply with all applicable law (including all applicable privacy and data protection laws and regulations and laws). We reserve the right to reject or remove any Merchant Credits at our sole discretion without notice. All Merchant Credits to be issued through the Services are subject to the review and approval of our staff (in their sole and absolute discretion). You must honor your Merchant Credits as issued. Should it come to our attention that you are engaging in false advertising, bait and switch, or any other unsavory or fraudulent practice, Staq Finance will be within its discretion to suspend you from offering Merchant Credits or terminate your merchant account.

B. Refunds

Refunds for Transactions. The fees for our Services are stated on the fee schedule contained in your merchant Staq Finance account. We may revise the fees at any time. If we revise the fees for any Service that you are currently using, we will notify you at least 30 days before the revised fees become effective.

Fees. If you refund a transaction where a discount code was used, we'll retain the fees you paid as set out in the fee schedule in your merchant account.

C. Holds and Limitations on Your Account

General. Under certain circumstances, in order to protect Staq Finance and the security and integrity of the network that uses our Services, we may, in our sole discretion, take actions on your Staq Finance account and a hold may be placed on merchant Staq Finance account. Our decision about holds and limitations may be based on confidential criteria that are essential to our management of risk and the protection of Staq Finance, our other users and/or service providers. We may use proprietary fraud and risk modeling when assessing the risk associated with your merchant account. In addition, we may be restricted by regulation or a governmental authority from disclosing certain information to you about such decisions. We have no obligation to disclose the details of our risk management or security procedures to you.

Our Rights

Suspension and Termination. We, in our sole discretion, reserve the right to suspend or terminate these Terms and/or access to or use of our Services for any reason and at any time upon notice to you. For more information please see the Term and Termination section of these Terms.

User Content

User Content. You acknowledge that all user content is the sole responsibility of the party from whom such content originated. This means that you, and not Staq Finance, are entirely responsible for all content that you upload, post, e-mail, transmit or otherwise make available through the Services.
Ownership and License Grant. Except with respect to your content, you agree that you have no right or title in or to any content that appears on or in the Services. You retain ownership of any content you post or publish on or through the Services. Staq Finance does not claim ownership of your content. However, subject to the terms and conditions of the Privacy Policy, you grant us a fully paid, royalty-free, perpetual, irrevocable, worldwide, royalty-free, non-exclusive, transferable and fully sublicensable right (including any moral rights) and license to reproduce, copy, modify, adapt, perform, license, distribute, and publicly display, create derivative works, delete, post, forward to others and otherwise use your content (in whole or in part) and associated intellectual property rights for the purposes of performing, improving or advertising the Services and developing new services, maintaining the Services and for any other lawful purpose included in these Terms, in any form, medium or technology now known or later developed, and without further compensation. When you as a user post or publish your content on or through the Services, you represent and warrant to us that (a) you own or otherwise have all the licenses, rights, consents and permissions in your content necessary to make the above license and grant, (b) your content is accurate and not misleading and (c) such content and your use of the content does not violate or infringe on any third party's intellectual property, privacy, publicity or other any other rights. You hereby waive your moral rights and agree not to assert any rights in your content against Staq Finance.
User Interactions. You are solely responsible for your interactions with other users of our Services and any other parties with whom you interact through the Services; provided, however, that we reserve the right, but have no obligation, to intercede in disputes among users. You agree that we will not be responsible for any liabilities incurred as the result of such interaction except for the limited circumstances specifically set forth in these Terms.
Content Provided by Other Users. The Services may contain content provided by other users. We are not responsible for and do not control user content. We have no obligation to review, evaluate, or monitor, and do not approve, endorse, guarantee or make any representations or warranties with respect to the accuracy, truthfulness, legality, safety or usefulness of user content. You use all user content and interact with other users solely at your own risk.

User Rules of Conduct

The Services may only be used for lawful purposes. You are responsible for your own communications, including the upload, transmission and posting of information, and the consequences of such postings on or through the Services. We may, in our sole discretion, and with or without notice, terminate your merchant account if you misuse the Services, or if you violate these Terms including, without limitation, the rules of conduct contained in this section.
We shall have no obligation to monitor content posted, uploaded or submitted by any user, but may do so at our sole discretion. We are not responsible for any failure or delay in removing any such content. We may delete or reject any content provided by you that we deem, in our sole discretion, to be in violation of these rules of conduct or for any other reason we deem the content inappropriate.
Staq Finance specifically prohibits any use of the Services to, and you and all users agree that you will not use the Services for, any of the following:

upload, post, or transmit to Staq Finance or any user by any means, or otherwise make available any content or materials that are unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
upload, post, transmit or use an avatar image in connection with your merchant account of use of the Services that is vulgar, obscene, pornographic, or otherwise objectionable;
upload, post, or transmit to Staq Finance or any user by any means, or otherwise make available any content or materials that are false, misleading, deceiving, inaccurate or dishonest;
impersonate any person or entity, including another user or an employee of Staq Finance, or falsely state or otherwise misrepresent your affiliation with a person or entity;
use the Services for any unlawful or fraudulent purposes or for sending or storing unlawful or fraudulent materials;
intentionally or unintentionally violate any applicable local, state, national or international law or any regulations having the force of law;
solicit, collect or post personal data or attempt to solicit, collect or post personal data about other users;
stalk or otherwise harass another user or any of our employees;
access or attempt to access another user's account in order to use the Services except as allowed under these Terms;
create, scrape or display our content for any purpose;
post any content from the Services to weblogs, news groups, mail lists or electronic bulletin boards, without our prior written consent;
use the Services to design or build a competitive product or service or a product using similar ideas, features, functions or graphics;
access the Services through access points or a wireless data account which you are not authorized to use;
post content or material that infringes on any copyright, trademark or other intellectual property rights, trade secret, privacy or publicity right of another;
cause nuisance, annoyance, disruption, or inconvenience to Staq Finance or any other user; or
attempt to interfere in any way with the Staq Finance's networks or network security, or attempting to use the Services to gain unauthorized access to any other computer system.

Security Rules

Violations of our system or network security may result in civil or criminal liability. We will investigate occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting the user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Services including, without limitation, the following:

launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Services or our network or host;
attempt to impair, interfere with or disrupt our servers or networks;
access data not intended for you or logging into a server or account that you are not authorized to access;
attempt to probe, scan or test the vulnerability of our system or network or to breach security or authentication measures without proper authorization; or
forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted.

Intellectual Property Ownership

Ownership. The Services including, without limitation, the content (with the exception of your content), data, metadata, design, text, graphics, organization, compilation, look and feel, the source, object and HTML code and all other protectable intellectual property available through the Services or comprising the Website and Applications (collectively, the “Proprietary Materials”) are the sole and exclusive property of Staq Finance or our licensors (if applicable) and are protected by copyright, trademark, trade secret and other intellectual property laws. Any copy, modification, revision, enhancement, adaptation, translation, or derivative work of or created from the Proprietary Materials shall be owned solely and exclusively by Staq Finance, or our licensors (as applicable), as shall any and all patent rights, copyrights, trade secret rights, trademark rights, and all other proprietary rights, worldwide therein and thereto. These Terms do not constitute a sale and do not convey to you any rights of ownership in or related to the Proprietary Materials, or any intellectual property rights owned by us. All rights regarding the Proprietary Materials not expressly granted in these Terms are reserved by Staq Finance.
Restrictive Legends. You shall not remove or authorize or permit any third party to remove any proprietary rights legend from the Proprietary Materials. The information on the Services including, without limitation, all design, text, graphics, interfaces, and the selection and arrangements is protected by law, including copyright law.
Trademark Usage. Our company name, service names and associated logos are trademarks of Staq Finance, and you agree not to copy, imitate, modify, use or display them in any manner without our prior written permission. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Staq Finance, and you may not copy, imitate, modify or use them without our prior written consent. All right, title and interest in and to all trademarks, service marks and trade names are the sole and exclusive property of Staq Finance. Nothing contained herein should be construed to grant any license or right to use any Staq Finance trademark without our prior written consent. Product names, logos, designs, titles and words associated with the Services may be protected under law as trademarks, service marks or trade names of Staq Finance. Such trademarks, service marks and trade names may be registered in the United States and internationally.
Third Party Materials. You understand that the Services may contain third party software, applications or other materials that are integrated therein and you acknowledge that all rights, title and interest in and to such third party materials are owned by the third party. Any third party materials you use on the Services is subject to the license you agreed to with the third party. You acknowledge that we do not own, control nor have any responsibility or liability for any such third party materials you elect to use on and/or in connection with our Services.
Feedback. You agree that submission of any ideas, suggestions, documents, and/or proposals to us through our suggestion, feedback, wiki, forum or similar pages (“Feedback”) is at your own risk and that we have no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to us a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of the Services.

Notice of Copyright Infringement

We respect the intellectual property rights of others and will respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (“DMCA”). If you believe that your copyrighted work has been copied, posted or distributed through the Services in a manner that constitutes copyright infringement, you should provide our copyright agent with a written notice that sets forth the infringement details. To be effective, the written notice must contain the following information:

a description of the copyrighted work that you believe has been infringed;
a description of the material that you claim is infringing the copyrighted work identified in #1, and a detailed description of where it is located on the Services;
your contact information including address, telephone number, and email address;
a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
a statement by you, made under penalty of perjury, affirming that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.

Please send the written communication to our copyright agent at the following address:

By mail:
Staq Finance, Inc.
Attn: Copyright Agent
6340 S 3000 E, STE 390
Salt Lake City, Utah 84107

If you believe that content you posted on the Services was removed, or access to it was disabled, by mistake or misidentification, you may file a counter-notification with us by submitting a written notification to the email or address above pursuant to the DMCA.

We may terminate your access to our products or services in our sole discretion if it is determined that you have infringed on the intellectual property rights of another.

Term and Termination

Term. These Terms will continue until terminated by either party as set forth herein. Any termination will be effective upon receipt unless otherwise stated in the written notice. Any obligations or liabilities incurred by you prior to the date of termination shall survive the termination of these Terms.
Termination by Staq Financial. We have the right, at our sole discretion, to terminate your merchant account and access to the Services, at any time and for any reason.
Termination by You. If you choose to cancel your merchant account, all you have to do is terminate your account through your account settings or send us an email at [email protected].
Survival. Upon termination of these Terms, you shall immediately delete and fully remove the Application from any of your devices and cease using the Services. Outstanding payment obligations, limitation of liability, disclaimer of warranties, release of liability, intellectual property ownership and other sections that by their nature should survive termination will survive the termination of these Terms.

Release of Liability

You agree not to hold Staq Finance liable for the user content, actions, or inactions of yourself or other users of our Services or of other third parties. As a condition of access to our Services, you hereby release Staq Finance (and its officers, directors, shareholders, agents, subsidiaries, and employees) from any and all claims, demands, losses, liabilities 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 or claim to have with one or more other users of our Services or with other third parties, including whether or not Staq Finance becomes involved in any resolution or attempted resolution of the dispute. If you are a California resident, you expressly waive any protections under California Civil Code Section 1542 (as may be amended). The statute currently provides: “A general release does not extend to claims that the creditor or the releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or release party.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.

Third Party Providers

Our mobile application works on an application linked to a particular device and operating system, such as Apple's iOS operating system. Your use of our Services may be subject to separate agreements you may enter into with your mobile device operating system provider (e.g., Apple, Google or Microsoft®), your mobile device manufacturer (e.g., Apple, Samsung®), your mobile service carrier (e.g., AT&T® or Verizon®), and other parties involved in providing your mobile device service, which we collectively refer to as “Covered Third Parties.” You agree to comply with all applicable third party terms of agreement when using our Services. We are not a party to those agreements and we have no responsibility for the products and services provided by third parties. You acknowledge and agree that these Terms are between you and Staq Finance, not with any Covered Third Party. You acknowledge and agree that we are solely responsible for the Services and for providing maintenance and support services for the Services.

Covered Third Parties have no warranty obligations whatsoever with respect to our Services and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of our Services to conform to any warranty provided by us, if any, will be our sole responsibility.

Staq Finance, not any Covered Third Parties, is responsible for addressing any claims relating to our Services, including, but not limited to: (i) product liability claims; (ii) any claim that our Services fail to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection, privacy, or similar legislation; and (iv) intellectual property claims.

If you are using our Services on an Apple device, you acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of these Terms, and that 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. Such rights may also accrue to other handset manufacturers and operating systems which participate in our Services.

Third Party Websites, Products and Services

Our Services may link to or promote websites, products and/or services from third parties. You agree that, except as otherwise set forth in these Terms, we are not responsible for, and do not review, examine or control, those websites or any third party products or services in any way. We encourage you to be aware of this when you leave the Services or click on links controlled by third parties, and to read the legal notices and privacy policies of each and every location you visit. Your use of a third party product, service or website will be subject to such third party's terms of use, privacy policy and any other applicable terms and conditions. In no event shall we be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of any linked third party websites or the information or material accessed through or products or services offered by these linked third party websites.

Agreement to Arbitrate and Class Action Waiver

Agreement to Arbitration and Class Action Waiver. ANY AND ALL CLAIMS OR DISPUTES BETWEEN US RELATING IN ANY WAY TO THESE TERMS, OUR PRIVACY POLICY, OR THE SERVICE MUST BE RESOLVED IN BINDING ARBITRATION RATHER THAN IN COURT. IN ARBITRATION THERE IS NO JUDGE OR JURY, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. THE ARBITRATOR CAN AWARD ANY DAMAGES OR RELIEF ON YOUR INDIVIDUAL CLAIM THAT A COURT OF LAW COULD, INCLUDING INDIVIDUAL INJUNCTIVE RELIEF AND ATTORNEYS' FEES WHEN AVAILABLE UNDER THE GOVERNING LAW. AS SET FORTH IN THE CLASS ACTION WAIVER BELOW, ALL ARBITRATIONS WILL BE CONDUCTED ON AN INDIVIDUAL BASIS, AND THERE SHALL BE NO CLASS ACTIONS IN ARBITRATION. Notwithstanding this Agreement to Arbitrate, you and Staq Finance may choose to bring individual claims or disputes in a small claims court, provided that they are within that court's jurisdiction.
Opt-Out Procedure. You may opt out of this Agreement to Arbitrate, and the Class Action Waiver, by notifying us in writing of your intention to do so. Written notice should be provided to Staq Finance, Inc., Attn: Legal AND MUST BE POSTMARKED WITHIN 30 DAYS OF YOUR ACCEPTANCE OF THESE TERMS. Any opt-out request postmarked after that date will not be effective, and you will continue to be bound by the Agreement to Arbitrate, including the Class Action Waiver.
Administration of Arbitration. Arbitrations will be administered by the American Arbitration Agreement (“AAA”) under the AAA's Consumer Arbitration Rules in effect at the time the arbitration is commenced. The AAA rules are available at www.adr.org, and they include detailed information about how to initiate an arbitration. The arbitration will be conducted in the State of Delaware, unless we mutually agree otherwise. We will pay the AAA's Case Management Fee and any arbitrator fees. Each party shall be responsible for paying its own attorneys' fees. You agree that these terms affect interstate commerce. Accordingly, the Federal Arbitration Act and federal arbitration law will apply to this Agreement to Arbitrate and govern its interpretation and enforcement (notwithstanding the choice of law provision set forth in these Terms).
CLASS ACTION WAIVER. ALL CLAIMS AND DISPUTES WILL BE RESOLVED ON AN INDIVIDUAL BASIS. YOU AND STAQ FINANCE WAIVE ANY ABILITY TO PARTICIPATE IN A CLASS ACTION AS A CLASS REPRESENTATIVE OR AS A CLASS MEMBER. THERE WILL BE NO CLASS ACTIONS, REPRESENTATIVE ACTIONS, OR CONSOLIDATED ACTIONS EITHER IN ARBITRATION OR IN SMALL CLAIMS COURT. If this Class Action Waiver is held unenforceable, in whole or in part, as to any claim, then the Agreement to Arbitrate also will not apply to that claim.

General Terms and Conditions

Modification of Services. We reserve the right at any time and from time to time to modify, suspend or discontinue, temporarily or permanently, the Services, or any portion thereof, with or without notice, except as otherwise provided in these Terms. You agree that we will not be liable to you or any third party for any modification, suspension or discontinuance of the Services or any portion thereof.
Governing Law and Venue. These Terms will be governed by and construed in accordance with the laws of the State of Delaware, United States of America, without regard to any conflict or choice of law principles, and Federal law. By using the Services, you hereby submit to the exclusive jurisdiction of the courts within the State of Delaware and waive any jurisdictional venue or inconvenient forum objections to such courts.
Severability. If any provision in these Terms is held invalid by a court of competent jurisdiction, the remainder of these Terms shall continue to be enforceable. If any provision in these Terms is deemed unlawful, void or unenforceable, then that provision is deemed severable from these Terms and the remaining provisions are still valid and enforceable.
Assignment; Beneficiaries. You may not assign or transfer your rights or obligations under these Terms to anyone without our prior written consent. We may assign our rights and obligations under these Terms at any time. These Terms will inure to the benefit of our successors, assigns and licensees.
Attorneys’ Fees. In the event that any legal action is brought with respect to these Terms, if we are the prevailing party in such arbitration or legal action then we shall be entitled to recover reasonable attorneys' fees, as well as costs of the arbitration or legal action, in addition to any other relief it may receive or be awarded.
No Continuing Waiver. The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of these Terms, or to exercise any right under these Terms, will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and remain in full force and effect.
Electronic Notices. By using the Services, you agree to receive certain electronic communications from Staq Finance. You agree that any notice, agreement, disclosure or other communication that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing and will be legally enforceable as a signed document. We are not responsible for your failure to receive notice if email is quarantined by your email security system (e.g., “junk” or “spam” folder) or if you fail to update your email address.
Headings. The subject headings of the sections in these Terms are included for purposes of convenience only and shall not affect the construction of interpretation of any of its provisions.
Survival. Any and all provisions of these Terms that would reasonably be expected to be performed after the termination or expiration of these Terms shall survive and be enforceable after such termination or expiration including, without limitation, provisions relating to ownership, indemnification, limitation of liability and governing law.

We welcome your comments and questions. Please contact us at [email protected].

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