Terms of Service

These Terms of Service (these "Terms", "Agreement") constitute a legally binding agreement between you, whether personally or on behalf of an organization or business entity ("Customer", "User", "Agency", "you", or "your"), and Stackon ("Stackon", "Company", "we", "us", or "our"), concerning your access to and use of the https://stackon.co website, client portal subdomains, web applications, APIs, and associated online services (collectively, the "Service" or "Platform").

By creating an account, registering an agency workspace, accessing, subscribing to, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, our Acceptable Use Policy, and our Refund & Cancellation Policy. If you do not agree with all of these terms, you are expressly prohibited from using the Service and must discontinue use immediately.

Stackon is a cloud-based Software-as-a-Service (SaaS) operating system engineered for creative agencies, design studios, software development consultancies, marketing firms, and independent service providers. The Platform provides integrated tools for managing client service requests, milestone-based projects, deliverables proofing and visual annotations, timesheets, retainer tracking, client invoicing, CRM deal pipelines, and dedicated white-label client portals.

Stackon provides software infrastructure to enable agencies to collaborate with their team members, contractors, and external clients. Stackon does not act as an agency or provider of creative/technical professional services to end clients.

By registering for or using the Service, you represent and warrant that:

1. You are at least eighteen (18) years of age or the legal age of majority in your jurisdiction;

2. If you are entering into these Terms on behalf of a company, agency, or other legal entity, you have the full legal authority to bind that entity to these Terms;

3. You are not located in a country that is subject to applicable trade sanctions or embargoes, and you are not listed on any prohibited or restricted party lists;

4. Your registration and use of the Service comply with all local, state, national, and international laws and regulations applicable to your business.

1. Account Registration: To access the Platform, you must register for an account by providing a valid email address, organization name, and secure password. You agree to provide accurate, current, and complete information during registration and to maintain and promptly update such information.

2. Account Security: You are responsible for safeguarding your login credentials, session tokens, and access privileges. You must immediately notify Stackon at security@stackon.co of any unauthorized access to or use of your account or any other breach of security.

3. Internal Seats vs. External Client Users: Stackon enforces a role-based seat allocation model:

• Internal Agency Users: Users assigned internal roles (Agency Admin, Project Manager, Team Member, Contractor) who manage workspaces, collaborate on deliverables, and configure workflows count against the internal seat quota of your active subscription plan.

• External Client Users: Users assigned the Client role who access dedicated client portals, review deliverables, submit intake requests, leave feedback annotations, or view invoices do not consume internal team seats. External client accounts and client portal logins are free and unlimited across all subscription plans.

1. Subscription Tiers: Stackon offers three standard recurring subscription tiers with complete software feature parity across all tiers:

• Solo Plan: $19 per month ($15 per month billed annually). Includes one (1) internal team seat and unlimited external client accounts.

• Studio Plan: $49 per month ($39 per month billed annually). Includes five (5) internal team seats and unlimited external client accounts. Additional internal seats may be added at $7 per seat per month.

• Agency Plan: $79 per month ($63 per month billed annually). Includes twenty (20) internal team seats and unlimited external client accounts. Additional internal seats may be added at $7 per seat per month.

2. Dodo Payments as Merchant of Record: All billing, recurring payment processing, card collection, currency conversion, invoice receipt generation, and indirect tax remittance for Stackon SaaS subscriptions and internal seat add-ons are handled by our Merchant of Record, Dodo Payments, Inc. ("Dodo Payments"). When you subscribe to a Stackon plan or add internal seats, you enter into a billing transaction directly with Dodo Payments in accordance with Dodo Payments’ terms and checkout conditions.

3. Agency-to-Client Invoicing Distinction: Invoices created by agencies and delivered to their end clients through Stackon are processed through the agency’s own integrated third-party payment gateways (e.g., the agency’s connected Stripe account, bank wire instructions, or custom arrangements). Dodo Payments is not the Merchant of Record for agency-to-client transactions, and Stackon is not a party to commercial contracts or payment flows between agencies and their clients.

4. Recurring Billing & Renewals: Subscriptions are billed in advance on a recurring monthly or annual billing cycle. Subscriptions automatically renew at the end of each billing period unless cancelled prior to the renewal date.

5. Taxes: Subscription fees are exclusive of applicable value-added tax (VAT), goods and services tax (GST), sales tax, or other indirect taxes, which will be calculated, collected, and remitted by Dodo Payments where legally applicable based on your billing location.

1. Easy Self-Serve Cancellation: You may cancel your Stackon subscription at any time directly through Profile & Account → Platform Subscription → Manage in Dodo Payments, or by contacting billing@stackon.co.

2. Access After Cancellation: Upon cancellation, your subscription will not renew, and your workspace will retain full access to all features through the conclusion of your current prepaid billing cycle.

3. Commercial No-Refund Policy: Subscription fees, internal seat additions, and renewal charges are generally non-refundable. Stackon does not provide prorated refunds or credits for partial billing periods, downgrades, or unused internal seat allocations, subject only to mandatory statutory consumer protections and verified duplicate processing errors as detailed in our Refund & Cancellation Policy.

1. Stackon IP: The Service, including all source code, databases, user interface designs, software algorithms, graphics, documentation, trademarks, and logos, is the proprietary property of Stackon and is protected by copyright, trademark, and other intellectual property laws.

2. Limited License: Subject to your compliance with these Terms, Stackon grants you a non-exclusive, non-transferable, revocable, worldwide license to access and use the Platform during your active subscription period solely for your internal business purposes.

3. Customer Data Ownership: You retain 100% ownership and all intellectual property rights in and to the files, project briefs, client data, brand assets, feedback comments, deliverable media, and content you upload or transmit through the Platform ("Customer Data"). You grant Stackon a limited, non-exclusive license to host, store, replicate, and transmit Customer Data solely to the extent necessary to provide, maintain, and support the Service.

The Platform integrates with third-party providers (including Dodo Payments for subscription billing, Stripe for client invoicing, cloud infrastructure providers, and email dispatchers). Your use of third-party services is governed by the respective provider’s terms and privacy policies. Stackon makes no warranties regarding the uptime, functionality, or security of third-party platforms.

THE SERVICE IS PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, STACKON EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR COMPLETELY ERROR-FREE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL STACKON, ITS DIRECTORS, EMPLOYEES, AFFILIATES, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, GOODWILL, WORK STOPPAGE, OR BUSINESS INTERRUPTION, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICE.

STACKON’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE TOTAL AMOUNT ACTUALLY PAID BY YOU TO STACKON (OR DODO PAYMENTS ON BEHALF OF STACKON) FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.

You agree to defend, indemnify, and hold harmless Stackon, its officers, directors, employees, and agents from and against any third-party claims, liabilities, damages, losses, and reasonable legal expenses arising out of: (a) your use of or access to the Service; (b) your violation of these Terms or the Acceptable Use Policy; (c) any infringement of third-party intellectual property or privacy rights by Customer Data; or (d) any commercial dispute or contract between you and your end clients.

1. Informal Dispute Resolution: In the event of any controversy or claim arising out of or relating to these Terms, the parties agree to first attempt in good faith to resolve the dispute informally by contacting legal@stackon.co.

2. Governing Law: [Manual Confirmation Required: Subject to mandatory statutory consumer protections where applicable, these Terms shall be governed by and construed in accordance with the laws of the company’s jurisdiction of incorporation without regard to conflict of law principles.]

• Modifications: We reserve the right to update or modify these Terms from time to time. When changes are made, we will update the "Last Updated" date at the top of this document.

• Severability: If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of remaining provisions.

• Contact: For legal notices and inquiries regarding these Terms, contact legal@stackon.co.