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 Stacklok Terms of Service

Last Updated: November 7, 2023

Welcome, and thank you for your interest in Stacklok, Inc. (“Stacklok,” “we,” “our,” or “us”) and our website at www.stacklok.com along with our related websites, hosted applications, or other downloadable applications, and other services provided by us (collectively, the “Service”). These Terms of Service are a legally binding contract between you and Stacklok regarding your use of the Service.

PLEASE READ THE FOLLOWING TERMS CAREFULLY:

BY CLICKING “I ACCEPT,” OR BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICE, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING STACKLOK’S PRIVACY POLICY  (TOGETHER, THESE “TERMS”). IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO THE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE SERVICE. YOUR USE OF THE SERVICE, AND STACKLOK’S PROVISION OF THE SERVICE TO YOU, CONSTITUTES AN AGREEMENT BY STACKLOK AND BY YOU TO BE BOUND BY THESE TERMS.

ARBITRATION NOTICE. Except for certain kinds of disputes described in Section 16 (Dispute Resolution and Arbitration), you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND STACKLOK ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING.

MACHINE LEARNING DISCLAIMER. YOU ACKNOWLEDGE AND AGREE THAT PORTIONS OF THE SERVICE RELY ON MACHINE LEARNING WHICH, BY NATURE, PRODUCES OUTPUTS THAT ARE BASED ON PROBABILISTIC REASONING AND THEREFORE MAY NOT ALWAYS BE ACCURATE, COMPLETE, RELEVANT, USEFUL, OR ERROR FREE. BY ACCEPTING THESE TERMS, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD THE DISCLAIMERS IN SECTION 14.2 (STACKLOK’S DISCLAIMER OF WARRANTIES) AND YOU AGREE THAT SUCH DISCLAIMERS APPLY TO YOUR USE OF THE SERVICE.

  1. Stacklok Service Overview. Stacklok offers tools that enable software engineers to gain an understanding of the relative security of different open source software packages and continuously apply securities policies throughout development projects. The Service includes the Stacklok application programming interface (“API”), the Trusty by Stacklok Package Explorer web interface, the Stacklok Trusty downloadable IDE extension (the “Extension”), and the Stacklok command line tool associated with the Minder project (the “CLI”).

  2. Insights. The Service may enable you to identify specific open source packages that are available on public software repositories and receive recommendations, security ratings, and insights (“Insights”) related to the security of such packages. If you enable certain features of the Service, you can connect the Service to a hosted software repository (“Repository”) that you control (e.g., GitHub) and receive personalized Insights based on your particular security policies and objectives (“Policies”). You are solely responsible for your Policies and the consequences of connecting your Repository to the Service.

  3. Content. Certain features of the Service may enable you to submit information, ratings, user reviews, comments, and other material, to the Service (collectively “Content”). You grant Stacklok the non-exclusive, perpetual, worldwide right to use, copy, store, disclose, transmit, and modify any Content that you submit to the Service only as necessary to provide, operate, and improve the Service.

  4. Eligibility. You must be at least 18 years old to use the Service. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years old; (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service is in compliance with any and all applicable laws and regulations. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms.

  5. Accounts and Registration. To access some features of the Service, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as your name, email address, or other contact information. You may also register for an account to use the Service through third party identity providers such as GitHub or Google. You agree that the information you provide to us is accurate, complete, and not misleading, and that you will keep it accurate and up to date at all times. When you register, you will be asked to create a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, then you should immediately notify us at support@stacklok.com.

  6. Licenses

  1. Limited License. Subject to your complete and ongoing compliance with these Terms, Stacklok grants you, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to: (a) install and use one object code copy of the Extension associated with the Service on a device that you own or control; (b) install and use one object code copy of the CLI on a device that you own or control; and (c) access and use the Service.

  2. License Restrictions. Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, publicly perform, or create derivative works of the Service; (b) make modifications to the Service; or (c) interfere with or circumvent any feature of the Service, including any security or access control mechanism. If you are prohibited under applicable law from using the Service, then you may not use it.

  3. Feedback. We respect and appreciate the thoughts and comments from our users. If you choose to provide input and suggestions regarding existing functionalities, problems with or proposed modifications or improvements to the Service (“Feedback”), then you hereby grant Stacklok an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right and license to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services. We will have no obligation to provide you with attribution for any Feedback you provide to us. 

  4. Use of API. To the extent you use the API, you will comply with our published API documentation and any other information or policies we make available from time to time. In addition to any restrictions or limitations set forth in such documentation (and without limiting these Terms), you will not: (a) use the API in a manner that, in Stacklok’s discretion, exceeds specified call/query volumes, constitutes abusive or excessive use, or otherwise fails to comply with or is inconsistent with these Terms; or (b) make any representations or warranties about the API to any third party.

  1. Ownership; Proprietary Rights. The Service is owned and operated by Stacklok. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service provided by Stacklok (“Materials”) are protected by intellectual property and other laws. All Materials included in the Service are the property of Stacklok or its third-party licensors. Except as expressly authorized by Stacklok, you may not make use of the Materials. There are no implied licenses in these Terms and Stacklok reserves all rights to the Materials not granted expressly in these Terms.

  2. Third-Party Terms

  1. Third-Party Services and Linked Websites. Stacklok may provide tools through the Service that enable you to export information to third-party services, including through features that allow you to link your account on the Service with an account on the third-party service, such as GitHub (“Third-Party Services”). By using one of these tools, you hereby authorize that Stacklok to transfer that information to the applicable Third-Party Services. Third-Party Services are not under Stacklok’s control, and, to the fullest extent permitted by law, Stacklok is not responsible for any Third-Party Service’s use of your exported information. The Service may also contain links to third-party websites. Linked websites are not under Stacklok’s control, and Stacklok is not responsible for their content. Please be sure to review the terms of use and privacy policy of any Third-Party Services before you share any information with such Third-Party Services. Once sharing occurs, Stacklok will have no control over the information that has been shared.

  2. Third-Party Software. The Service may include or incorporate third-party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components (“Third-Party Components”). Although the Service is provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining Third-Party Components under the applicable third-party licenses or to limit your use of Third-Party Components under those third-party licenses.

  1. Communications

  1. Email. We may send you emails concerning our products and services, as well as those of third parties. You may opt out of promotional emails by following the unsubscribe instructions in the promotional email itself.

  1. Prohibited Conduct. BY USING THE SERVICE, YOU AGREE NOT TO:

  1. use the Service for any illegal purpose or in violation of any local, state, national, or international law;

  2. violate, encourage others to violate, or provide instructions on how to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property right;

  3. access, search, or otherwise use any portion of the Service through the use of any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, and data mining tools) other than the software or search agents provided by Stacklok;

  4. interfere with security-related features of the Service, including by: (i) disabling or circumventing features that prevent or limit use, printing or copying of any content; or (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law;

  5. interfere with the operation of the Service or any user’s enjoyment of the Service, including by: (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited offer or advertisement to another user of the Service; (iii) collecting personal information about another user or third party without consent; or (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service;

  6. perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation or identity, accessing any other Service account without permission;

  7. sell or otherwise transfer the access granted under these Terms or any Materials (as defined in Section 7 (Ownership; Proprietary Rights)) or any right or ability to view, access, or use any Materials; or

  8. attempt to do any of the acts described in this Section 10 (Prohibited Conduct) or assist or permit any person in engaging in any of the acts described in this Section 10 (Prohibited Conduct).

  1. Modification of Terms. We may, from time to time, change these Terms. Please check these Terms periodically for changes. Revisions will be effective immediately except that, for existing users, material revisions will be effective 30 days after posting or notice to you of the revisions unless otherwise stated. We may require that you accept modified Terms in order to continue to use the Service. If you do not agree to the modified Terms, then you should discontinue your use of the Service. Except as expressly permitted in this Section 11 (Modification of Terms), these Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms.

  2. Term, Termination, and Modification of the Service

  1. Term. These Terms are effective beginning when you accept the Terms or first download, install, access, or use the Service, and ending when terminated as described in Section 12.2 (Termination).

  2. Termination. If you violate any provision of these Terms, then your authorization to access the Service and these Terms automatically terminate. In addition, Stacklok may, at its sole discretion, terminate these Terms or your account on the Service, or suspend or terminate your access to the Service, at any time for any reason or no reason, with or without notice, and without any liability to you arising from such termination. You may disconnect your Repositories, terminate your account and these Terms at any time by following the instructions provided on the Service or by contacting customer service at support@stacklok.com.

  3. Effect of Termination. Upon termination of these Terms: (a) your license rights will terminate and you must immediately cease all use of the Service; (b) you will no longer be authorized to access your account or the Service; and (c) Sections 6.3 (Feedback), 7 (Ownership; Proprietary Rights), 12.3 (Effect of Termination), 13 (Indemnity), 14.2 (Stacklok’s Disclaimer of Warranties), 15 (Limitation of Liability), 16 (Dispute Resolution and Arbitration), and 17 (Miscellaneous) will survive. If your account has been terminated for a breach of these Terms, then you are prohibited from creating a new account on the Service using a different name, email address or other forms of account verification.

  4. Modification of the Service. Stacklok reserves the right to modify or discontinue all or any portion of the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. Stacklok will have no liability for any change to the Service, including any paid-for functionalities of the Service, or any suspension or termination of your access to or use of the Service.

  1. Indemnity. To the fullest extent permitted by law, you are responsible for your use of the Service, and you will defend and indemnify Stacklok, its affiliates and their respective shareholders, directors, managers, members, officers, employees, consultants, and agents (together, the “Stacklok Entities”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including attorneys’ fees and costs, arising out of or connected with: (1) your unauthorized use of, or misuse of, the Service; (2) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (3) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; (4) breach of contract with a third party including with respect to the Repositories that you connect to the Service; or (5) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.

  2. Warranties; Disclaimers

  1. User Warranties. You represent and warrant that you have made all disclosures, provided all notices, and obtained all rights, consents, and permissions necessary for Stacklok to access, use, disclose, transfer, transmit, store, host, or otherwise use the Content as set forth in these Terms without violating or infringing any applicable laws, third-party rights, or terms or policies. By connecting a Repository to the Service, you represent and warrant that you have the necessary licenses, rights, consents, and permissions to authorize Stacklok to access the Repository and exercise the licenses granted by you in these Terms in the manner contemplated by Stacklok, the Service, and these Terms.

  2. Stacklok’s Disclaimer of Warranties.

THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. STACKLOK DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (a) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (b) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. STACKLOK DOES NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND STACKLOK DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.

THE SERVICE USES MACHINE LEARNING TO ANALYZE THE PACKAGES AND GENERATE THE INSIGHTS. YOU ACKNOWLEDGE THAT DUE TO THE NATURE OF MACHINE LEARNING, THE INSIGHTS MAY CONTAIN INACCURACIES, ERRORS, OR OMISSIONS. ANY INSIGHTS PROVIDED THROUGH THE SERVICE ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. YOU SHOULD ALWAYS EXERCISE YOUR INDEPENDENT JUDGMENT WHEN DETERMINING WHETHER A PACKAGE IS APPROPRIATE FOR YOUR PARTICULAR USE CASE. IT IS SOLELY YOUR RESPONSIBILITY TO DETERMINE WHETHER TO USE THE INSIGHTS GENERATED FROM THE SERVICE. STACKLOK WILL NOT BE LIABLE FOR ANY MISTAKES, INACCURACIES, OR OMISSIONS IN THE INSIGHTS OR YOUR RELIANCE ON THE INSIGHTS.

NO INSIGHTS, ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR STACKLOK ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE STACKLOK ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICE AND YOUR DEALING WITH ANY OTHER SERVICE USER. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SERVICE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR: (a) YOUR USE OF OR RELIANCE ON ANY INSIGHTS, INCLUDING ANY RECOMMENDATIONS, SUGGESTIONS, OR RATINGS; (b) ANY ERRORS, INACCURACIES, OR OMISSIONS ON ANY INSIGHTS; (c) ANY REPOSITORY THAT YOU CONNECT TO THE SERVICE; OR (d) ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR REPOSITORY, COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR ANY LOSS OF DATA.

THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION 14.2 (STACKLOK’S DISCLAIMER OF WARRANTIES) APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. STACKLOK DOES NOT DISCLAIM ANY WARRANTY OR OTHER RIGHT THAT STACKLOK IS PROHIBITED FROM DISCLAIMING UNDER APPLICABLE LAW.

  1. Limitation of Liability

  1. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE STACKLOK ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY STACKLOK ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.

  2. EXCEPT AS PROVIDED IN SECTIONS 16.5 (COMMENCING ARBITRATION) AND 16.7 (ARBITRATION RELIEF) AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE STACKLOK ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (a) THE AMOUNT YOU HAVE PAID TO STACKLOK FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO THE CLAIM AND (b) US$100.

  3. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 15 (LIMITATION OF LIABILITY) WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

  1. Dispute Resolution and Arbitration

  1. Generally. Except as described in Section 16.2 (Exceptions) and 16.3 (Opt-Out), you and Stacklok agree that every dispute arising in connection with these Terms, the Service, or communications from us will be resolved through binding arbitration. Arbitration uses a neutral arbitrator instead of a judge or jury, is less formal than a court proceeding, may allow for more limited discovery than in court, and is subject to very limited review by courts. This agreement to arbitrate disputes includes all claims whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. Any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement will be resolved by the arbitrator.

YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND STACKLOK ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

  1. Exceptions. Although we are agreeing to arbitrate most disputes between us, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.

  2. Opt-Out. If you do not wish to resolve disputes by binding arbitration, you may opt out of the provisions of this Section 16 (Dispute Resolution and Arbitration) within 30 days after the date that you agree to these Terms by sending a letter to Stacklok, Inc., Attention: Legal Department – Arbitration Opt-Out, 113 Cherry St, Suite 83846, Seattle, Washington 98104-2205 US that specifies: your full legal name, the email address associated with your account on the Service, and a statement that you wish to opt out of arbitration (“Opt-Out Notice”). Once Stacklok receives your Opt-Out Notice, this Section 16 (Dispute Resolution and Arbitration) will be void and any action arising out of these Terms will be resolved as set forth in Section 17.2 (Governing Law). The remaining provisions of these Terms will not be affected by your Opt-Out Notice.

  3. Arbitrator. This arbitration agreement, and any arbitration between us, is subject the Federal Arbitration Act and will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by these Terms. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at +1-800-778-7879, or by contacting Stacklok.

  4. Commencing Arbitration. Before initiating arbitration, a party must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). Stacklok’s address for Notice is: Stacklok, Inc., 113 Cherry St, Suite 83846, Seattle, Washington 98104-2205, US. The Notice of Arbitration must: (a) identify the name or account number of the party making the claim; (b) describe the nature and basis of the claim or dispute; and (c) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or Stacklok may commence an arbitration proceeding. If you commence arbitration in accordance with these Terms, Stacklok will reimburse you for your payment of the filing fee, unless your claim is for more than US$10,000 or if Stacklok has received 25 or more similar demands for arbitration, in which case the payment of any fees will be decided by the AAA Rules. If the arbitrator finds that either the substance of the claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules and the other party may seek reimbursement for any fees paid to AAA.

  5. Arbitration Proceedings. Any arbitration hearing will take place in the county and state of your residence/billing address unless we agree otherwise or, if the claim is for US$10,000 or less (and does not seek injunctive relief), you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a telephonic or video hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your [residence/billing address]. During the arbitration, the amount of any settlement offer made by you or Stacklok must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. 

  6. Arbitration Relief. Except as provided in Section 16.8 (No Class Actions), the arbitrator can award any relief that would be available if the claims had been brought in a court of competent jurisdiction. If the arbitrator awards you an amount higher than the last written settlement amount offered by Stacklok before an arbitrator was selected, Stacklok will pay to you the higher of: (a) the amount awarded by the arbitrator and (b) US$10,000. The arbitrator’s award shall be final and binding on all parties, except (1) for judicial review expressly permitted by law or (2) if the arbitrator's award includes an award of injunctive relief against a party, in which case that party shall have the right to seek judicial review of the injunctive relief in a court of competent jurisdiction that shall not be bound by the arbitrator's application or conclusions of law. Judgment on the award may be entered in any court having jurisdiction.

  7. No Class Actions. YOU AND STACKLOK AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Stacklok agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

  8. Modifications to this Arbitration Provision. If Stacklok makes any substantive change to this arbitration provision, you may reject the change by sending us written notice within 30 days of the change to Stacklok’s address for Notice of Arbitration, in which case your account with Stacklok will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.

  9. Enforceability. If Section 16.8 (No Class Actions) or the entirety of this Section 16 (Dispute Resolution and Arbitration) is found to be unenforceable, or if Stacklok receives an Opt-Out Notice from you, then the entirety of this Section 16 (Dispute Resolution and Arbitration) will be null and void and, in that case, the exclusive jurisdiction and venue described in Section 17.2 (Governing Law) will govern any action arising out of or related to these Terms. 

  1. Miscellaneous

  1. General Terms. These Terms, including the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and Stacklok regarding your use of the Service. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms and all rights granted under these Terms, including with respect to your Content, at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of Section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word “including” means “including but not limited to.” If any part of these Terms is held to be invalid or unenforceable, then the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.

  2. Governing Law. These Terms are governed by the laws of the State of Washington without regard to conflict of law principles. You and Stacklok submit to the personal and exclusive jurisdiction of the state courts and federal courts located within King County, Washington for resolution of any lawsuit or court proceeding permitted under these Terms. We operate the Service from our offices in Washington, and we make no representation that Materials included in the Service are appropriate or available for use in other locations.

  3. Privacy Policy. Please read the Stacklok PRIVACY POLICY (the “Privacy Policy”) carefully for information relating to our collection, use, storage, and disclosure of your personal information. The Stacklok Privacy Policy is incorporated by this reference into, and made a part of, these Terms.

  4. Additional Terms. Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to from the Service (the “Additional Terms”). All Additional Terms are incorporated by this reference into, and made a part of, these Terms.

  5. Consent to Electronic Communications. By using the Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.

  6. Contact Information. The Service is offered by Stacklok, Inc. located at 113 Cherry St, Suite 83846, Seattle, Washington 98104-2205 US. You may contact us by sending correspondence to that address or by emailing us at support@stacklok.com.

  7. Notice to California Residents. If you are a California resident, then under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at +1-800-952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.

  8. No Support. We are under no obligation to provide support for the Service. In instances where we may offer support, the support will be subject to published policies.

  9. International Use. The Service is intended for visitors located within the United States. We make no representation that the Service is appropriate or available for use outside of the United States. Access to the Service from countries or territories or by individuals where such access is illegal is prohibited.