Terms of Service
These Terms of Service govern your use of the Miaste Stack website and any information, tools, or materials made available through it. If you engage us for services, those services are governed by a separate Master Services Agreement. Questions? Email legal@miastestack.com.
Agreement to these terms.
These Terms of Service ("Terms") form a binding agreement between you and Miaste Stack Inc. ("Miaste Stack," "we," "us," or "our"), a Delaware corporation, governing your access to and use of the miastestack.com website and any related content, features, or tools we make available (collectively, the "Site").
By accessing or using the Site, you agree to these Terms. If you do not agree, do not use the Site.
These Terms do not govern engagements in which Miaste Stack provides services to you as a client. Those engagements are governed by a separately executed Master Services Agreement and any Statements of Work referenced under it.
Who may use the Site.
You may use the Site if you are at least 16 years old and legally able to enter into a binding contract in your jurisdiction. If you are using the Site on behalf of an organization, you represent that you have authority to bind that organization to these Terms, and "you" refers to both you and that organization.
We may refuse service, terminate accounts, or restrict access at our sole discretion, particularly if we believe use of the Site violates these Terms or applicable law.
Your account.
The Site does not currently require account registration to browse marketing content. If we introduce account features in the future, you agree to:
- Provide accurate, current, and complete information
- Maintain the security of any credentials issued to you
- Notify us promptly of any unauthorized use of your account
- Accept responsibility for all activity that occurs under your credentials
We are not liable for losses resulting from unauthorized access to your account caused by your failure to safeguard credentials.
Acceptable use.
You agree not to use the Site to:
- Violate any applicable law, regulation, or third-party right
- Reverse engineer, decompile, scrape at scale, or otherwise attempt to extract source code or bulk content from the Site
- Interfere with, disrupt, or place undue load on the Site or its infrastructure
- Introduce viruses, malware, or other harmful code
- Impersonate any person or entity or misrepresent your affiliation
- Use automated means to submit forms, generate traffic, or extract data without our prior written consent
- Attempt to gain unauthorized access to any portion of the Site, related systems, or third-party accounts connected to the Site
- Use the Site to develop a competing product or service through systematic study of our offerings
We may investigate and take appropriate action, including legal action, against anyone who violates this section.
Our intellectual property.
The Site and its contents — including text, graphics, logos, code, designs, and the arrangement of these elements — are owned by Miaste Stack or our licensors and are protected by copyright, trademark, and other intellectual property laws.
We grant you a limited, revocable, non-exclusive, non-transferable license to access and view the Site for your personal or internal business evaluation purposes. This license does not permit:
- Copying, reproducing, or distributing Site content beyond routine caching for viewing purposes
- Modifying or creating derivative works from Site content
- Using our trademarks, service marks, or trade dress without our prior written permission
- Removing or altering any copyright, trademark, or other proprietary notices
All rights not expressly granted are reserved.
Anything you send us.
If you submit information to us through the Site — including intake form submissions, emails, briefs, feedback, or suggestions — you grant Miaste Stack a non-exclusive, worldwide, royalty-free license to use that information for the purposes of responding to your inquiry, providing services you request, and improving our operations.
You represent that any information you submit is accurate, does not violate any third party's rights, and does not contain confidential information you are not authorized to share.
Do not send us confidential information you do not intend for us to receive. If you need to share sensitive materials, request a mutual non-disclosure agreement before doing so.
Third-party links and services.
The Site may contain links to third-party websites, tools, or services that are not owned or controlled by Miaste Stack. We do not endorse and are not responsible for the content, privacy practices, or policies of third parties. Your interactions with third parties are solely between you and those third parties, and any terms or privacy policies of those third parties apply to those interactions.
Disclaimers.
THE SITE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, MIASTE STACK DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. CONTENT ON THE SITE, INCLUDING PRICING, CAPABILITIES, INTEGRATIONS, AND ILLUSTRATIVE METRICS, IS PROVIDED FOR INFORMATIONAL PURPOSES AND IS SUBJECT TO CHANGE WITHOUT NOTICE.
NOTHING ON THE SITE CONSTITUTES LEGAL, TAX, FINANCIAL, MEDICAL, OR OTHER PROFESSIONAL ADVICE.
Limitation of liability.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, MIASTE STACK, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO YOUR USE OF THE SITE, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL AGGREGATE LIABILITY ARISING FROM OR RELATED TO YOUR USE OF THE SITE WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS (USD $100.00).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
Indemnification.
You agree to defend, indemnify, and hold harmless Miaste Stack and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising from or related to:
- Your access to or use of the Site
- Your violation of these Terms
- Your violation of any applicable law or third-party right
- Any content or information you submit through the Site
We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate with our defense.
Governing law and disputes.
These Terms are governed by the laws of the State of Delaware, without regard to its conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
Any dispute arising from or related to these Terms or your use of the Site will be resolved as follows:
- First, the parties will attempt to resolve the dispute through good-faith negotiation for at least 30 days after written notice
- If not resolved through negotiation, the dispute will be brought exclusively in the state or federal courts located in Wilmington, Delaware, and both parties consent to personal jurisdiction and venue in those courts
- Each party waives any right to a jury trial
Nothing in this section prevents either party from seeking injunctive or equitable relief in any court of competent jurisdiction to protect intellectual property rights or confidential information.
Miscellaneous.
Entire Agreement. These Terms, together with our Privacy Policy and any other legal notices we publish on the Site, constitute the entire agreement between you and Miaste Stack regarding the Site and supersede any prior agreements on that subject.
Changes. We may update these Terms from time to time. Material changes will be reflected in an updated "Effective" date at the top of this page. Continued use of the Site after an update constitutes acceptance of the updated Terms.
Severability. If any provision of these Terms is held invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.
No Waiver. Our failure to enforce any provision is not a waiver of that provision or any other.
Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms freely, including in connection with a merger, acquisition, or sale of assets.
No Agency. Nothing in these Terms creates an agency, partnership, employment, or joint venture relationship between you and Miaste Stack.
Notices. Legal notices to Miaste Stack must be sent to legal@miastestack.com.