ANYSTACK B.V. (“we”, “us” or “our”) agrees to furnish services to the Subscriber (the “Subscriber”, “you” or “your”), subject to the following Terms of Service. Use of Anystack service constitutes acceptance and agreement to Anystack Terms of Service.
Anystack reserves the right to modify the Terms of Service without notice.
You may use our services, provided that you are of legal age to form a binding contract and are not barred from receiving such services under the laws of the United States or other jurisdictions. In order to access our services, you are required to provide current and factual identification, contact, and other information as part of the registration process. You are responsible for the confidentiality of your account information and for all activities that occur under your account. You are solely responsible for all content within your account. You agree to immediately notify Anystack of any unauthorized use of your account or any other breach of security. Anystack will not be liable for any loss or damage as a result of your failure to provide us with accurate information or to keep your account secure.
You are responsible for the actions of all users of your account and any data that is created, stored, displayed by, or transmitted by your account while using Anystack. You will not engage in any activity that interferes with or disrupts Anystack services or networks connected to Anystack.
You agree that any of the below activities are considered prohibited usage and will result in immediate account suspension or cancellation without a refund and the possibility that Anystack will impose fees; and/or pursue civil remedies without providing advance notice.
Misuse of System Resources: Intentional misuse of system resources, including but not limited to employing programs that consume excessive network capacity, CPU cycles, or disk IO.
Access to Other Computers or Networks without Authorization: Attempting unauthorized and/or illegal access of computers, networks and/or accounts not belonging to party seeking access. Any act which interferes with the services of another user or network. Any act relating to the circumvention of security measures.
Anystack and the services it provides may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of United States or state regulation or law, or by the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or other intellectual property rights. Anystack services may not be used to facilitate infringement of these laws in any way.
Other Activities viewed as Illegal or Harmful: Engaging in illegal activities or engaging in activities harmful to the operations of Anystack or Anystack customers.
Providing False Data on any Contract or Application: including fraudulent use of credit card numbers.
You agree that Anystack shall be permitted to charge your credit card on a monthly, annual, or other agreed upon basis in advance of providing services. Payment is due upon invoicing. Service may be interrupted on accounts that reach 10 days past due. Accounts that are not collectable by Anystack may be turned over to an outside collection agency for collection.
Subscriber is aware that Anystack may prospectively change the specified rates and charges from time to time.
Anystack is not responsible for any additional bank fees, interest charges, finance charges, over draft charges, or other fees resulting from charges billed by Anystack. Currency exchange settlements will be based on agreements between you and the provider of your credit card. Pro-rated credits will not be issued for unused services when customer retains any active service.
Any member can become an affiliate but will be subject to a review and Anystack has the right to reject your entry for any reason. Refer new users to specific products hosted on Anystack that have chosen you as one of their affiliates and you'll receive a percentage of each sale you generate.
We reserve the right to decide whether or not your use of the Affiliate Program complies with any applicable laws and/or the Anystack terms. If we decide that your participation in the Affiliate Program does not comply, we can based on our reasonable discretion withhold your earnings and may disable your account.
We will pay your Affiliate Program earnings every month after we've received your invoice. Your invoice must be in USD and match the amount listed on your earnings statement. Earnings from referrals are eligible for payout 30 days after the referral date. We'll make payments of your earnings based on certain minimum threshold amounts. In order for us to do this, you authorise us to collect payments for your referrals.
We will continue to hold your earnings if we're not able to pay your earnings to you for whatever reason, including if:
Whenever we make a payment to you as an affiliate, you are responsible for all costs of converting the amount of the payment from US dollars into your preferred currency. Your financial institution does the currency conversion and may charge you additional fees (we don't control either the conversion rates or your financial institution's fees).
You are responsible for paying all fees and taxes associated with your referrals and referral payments we make to you wherever levied. Despite this, if required by law, we may deduct or withhold taxes (including withholding tax) in connection with your being an affiliate.
If a transaction directly relating to your Affiliate Program earnings is subject to a refund or chargeback, we can at our discretion, withhold that portion of your Affiliate Program earnings.
Anystack, provides technical support to our subscribers via our e-mail support system. The following are our guidelines when providing support: Anystack provides support related to your Anystack account. Anystack does not offer technical support for application specific issues such as programming, or any other such issue. Anystack does not provide technical support to your customers.
Anystack reserves the right to suspend network access to any customer if, in the judgment of the Anystack network administrators, the customer's product is the source or target of a violation of any of the other terms of service or for any other reason which Anystack chooses. Anystack will use reasonable care in notifying the Customer and in resolving the problem in a method resulting in the least amount of service interference. Anystack reserves the right to terminate service without notice for continued and repeated violations of the terms of service. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer's account or products were suspended.
If at any time it becomes necessary for Anystack to cancel a customer's service without cause, Anystack will provide 10 days advance notice.
You may cancel the service at any time by using the "Cancel Subscription" link located on the "Billing" section of the Anystack web application. Cancellation of service does not relieve Subscriber of responsibility for the payment of all accrued charges.
When you register your account, you agree to sell your software exclusively via Anystack. Selling exclusively via Anystack means you cannot sell your software anywhere else. If you don't want to sell your software exclusively via Anystack, you can opt out of your exclusive subscription from the "Billing" section of the Anystack web application.
Excessive Usage of Bandwidth
The use of bandwidth which is inappropriate for a particular product is to be avoided. In the event that excessive usage of bandwidth on a consistent basis is detected, we will contact you to propose a custom subscription. If you decline to accept the suggested subscription and the excessive usage continues, we reserve the right to restrict, suspend or terminate your access, at our discretion.
The Terms of Service specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that Anystack may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any court who sends us a valid Court Order, without further consent or notification to the Subscriber. In addition, Anystack shall have the right to terminate all service set forth in this Agreement.
Anystack maintains regular backups but shall have no liability for any Data that may be lost.
We have no special relationship with or fiduciary duty to you. You acknowledge that we have no duty to take any action regarding: which Subscribers gain access to the Services; what Content you access via the Services; or how you may interpret or use the Content.
You release us from all liability for you having acquired or not acquired Content through the Services. We make no representations concerning any Content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, or legality of material or Content contained in or accessed through the Services.
THE SERVICES AND CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WE, AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK.
IN NO EVENT SHALL WE, NOR OUR DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, DATA THEFT, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF FEES PAID TO US FOR THE PARTICULAR SERVICES DURING THE IMMEDIATELY PREVIOUS ONE MONTH PERIOD, EVEN IF ANYSTACK.SH HAD BEEN ADVISED OF, KNEW, OR SHOULD HAVE KNOWN, OF THE POSSIBILITY THEREOF. SUBSCRIBER ACKNOWLEDGES THAT THE FEES PAID BY HIM OR HER REFLECT THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT ANYSTACK.SH WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS. SUBSCRIBER HEREBY WAIVES ANY AND ALL CLAIMS AGAINST ANYSTACK.SH ARISING OUT OF SUBSCRIBER'S PURCHASE OR USE OF THE SERVICES, OR ANY CONDUCT OF ANYSTACK.SH’S DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR REPRESENTATIVES. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SERVICES OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO OR USE OF THE SERVICES.
Anystack wishes to emphasize that in agreeing to the Anystack Terms of Service, customer indemnifies Anystack for any violation of the Terms of Service that results in loss to Anystack or the bringing of any claim against Anystack by any third-party. This means that if Anystack is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against Anystack, plus all costs and reasonable attorney's fees.
You agree that Anystack may provide you with notices, including those regarding changes to the Terms of Service, by email, regular mail, or postings on Anystack services.
The Terms of Service (including any policies, guidelines or amendments that may be presented to you from time to time) constitute the entire agreement between you and Anystack and govern your use of Anystack services, superceding any prior agreements between you and Anystack for the use of Anystack services.
The Terms of Service and the relationship between you and Anystack shall be governed by the laws of The Netherlands without regard to its conflict of law provisions. You and Anystack agree to submit to the personal and exclusive jurisdiction of the courts located within the Netherlands.
The failure of Anystack to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the party's intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Anystack services or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.