Terms and Conditions

These Terms & Conditions ("Terms") govern your access to and use of the Stacked point-of-sale and inventory platform (the "Service") provided by Stacked, LLC ("Stacked", "we", "us", or "our"). By creating an account, subscribing, or otherwise using the Service, you agree to these Terms.

1. Who you are contracting with

The Service is provided by Stacked, LLC. If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization to these Terms, and "you" refers to both you individually and that organization. If you are using the Service as an individual, you represent that you are of legal age to form a binding contract.

2. The Service

Stacked provides software for independent record stores and similar retail operations to manage inventory, process in-person and online sales, accept card payments, generate reports, and submit data to industry charts. Specific features available to you depend on the subscription plan you select.

3. Accounts and credentials

You must provide accurate information when registering and keep it current. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. Notify us promptly of any unauthorized use.

4. Acceptable use

You must not, and must not permit any other person to:

• use the Service in violation of any law or regulation;
• use the Service to commit fraud, send spam, or transmit unlawful content;
• infringe any intellectual property, privacy, or other right of any party;
• interfere with the security or integrity of the Service, including by introducing malware, probing or scanning for vulnerabilities, scraping, or attempting to bypass authentication or rate limits; or
• reverse engineer, decompile, resell, sublicense, or redistribute the Service or its components, except to the extent permitted by law.

5. License

Subject to your compliance with these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable right to access and use the Service for your internal business purposes during your active subscription term.

6. Intellectual property

The Service, including all software, documentation, branding, designs, and related materials, is owned by Stacked, LLC or its licensors and is protected by intellectual property laws. We retain all rights not expressly granted in these Terms. You retain ownership of the data you submit through the Service ("Customer Data"), and grant us a limited, non-exclusive license to host, process, and transmit Customer Data solely to provide and improve the Service.

7. Payments, billing, and Merchant of Record

Our order process is conducted by our online reseller Paddle.com. Paddle.com is the Merchant of Record for all our orders. Paddle provides all customer service inquiries and handles returns.

Payment, billing, taxes, cancellation, and refund mechanics are governed by Paddle's Buyer Terms. Subscriptions renew automatically at the end of each billing period unless cancelled. See our Refund Policy for refund terms.

8. Suspension and termination

We may suspend or terminate your access to the Service, in whole or in part, if: you materially breach these Terms; you fail to pay amounts when due; we reasonably believe your use creates a security, fraud, or legal risk; or you repeatedly or seriously violate our policies. Where reasonable, we will give you notice and an opportunity to cure. You may cancel your subscription at any time through the Service or via Paddle.

On termination, your right to use the Service ends. We will make Customer Data available for export for a reasonable period before deletion, except where we are required to retain it by law.

9. Service availability and warranties

We work to keep the Service available and reliable, but we do not warrant that it will be uninterrupted, error-free, or meet your specific requirements. To the fullest extent permitted by law, the Service is provided "as is" and we disclaim all implied warranties, including merchantability, fitness for a particular purpose, and non-infringement.

10. Limitation of liability

To the fullest extent permitted by law, our aggregate liability arising out of or relating to the Service or these Terms is limited to the fees you paid to Paddle for the Service in the twelve (12) months preceding the event giving rise to the claim. We will not be liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, data, or goodwill. Nothing in these Terms limits liability for fraud, death, or personal injury caused by negligence, or any other liability that cannot be limited under applicable law.

11. Indemnification

You agree to indemnify and hold harmless Stacked, LLC and its officers, employees, and agents from any third-party claim arising out of: (a) your Customer Data; (b) your use of the Service in violation of these Terms or applicable law; or (c) your violation of any third-party right.

12. Changes to the Service or Terms

We may modify the Service or these Terms from time to time. If we make material changes, we will notify you through the Service or by email. Continued use of the Service after changes take effect constitutes acceptance of the updated Terms.

13. Governing law and disputes

These Terms are governed by the laws of the State in which Stacked, LLC is organized, without regard to its conflict-of-laws principles. The state and federal courts located in that jurisdiction will have exclusive jurisdiction over any dispute arising out of or relating to these Terms, except where mandatory law provides otherwise.

14. Assignment, force majeure, and miscellaneous

You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets. Neither party will be liable for delays or failures in performance caused by events beyond its reasonable control. If any provision of these Terms is held unenforceable, the remaining provisions will remain in effect.

15. Contact

Questions about these Terms can be sent to support through the Service. For billing and order inquiries, contact Paddle at paddle.net.