Effective Date: May 31, 2025
User Terms of Service
These User Terms of Service (the “ User Terms ”) govern your access and use of our communication platform, software-as-a-service solution, and related tools and services (the “ Services ”) available through its [stockapp.com] domain or any successor domain ( “Website” ). Please read them carefully. These User Terms apply to all users of the Services, whether you are a Customer or an individual who is authorized by a Customer to use the Services under Customer’s account, and who has been supplied with a user identification and password ( “Authorized User” ). “ Authorized Users ” may include, for example, Customer’s employees, consultants, agents, and third parties with which Customer transacts business.
Please review the User Terms carefully before using the Services. Do not use the Services if you do not accept the User Terms. A user can only accept these User Terms if you are a business or acting on behalf of a business. Even though you may be signing onto an existing StockApp, these User Terms apply to you as an Authorized User of the Services. We are grateful you’re here.
Rules of the Road - Legally Binding User Terms of Service
These User Terms are legally binding between StockApp and each Customer and Authorized User. If you do not agree to these User Terms, please do not access or otherwise use the Website or Services. As part of these User Terms, each Customer and Authorized User agrees to comply with the most recent version of our Data Processing Agreement, Jurisdiction Specific Terms, Acceptable Use Policy, Privacy Policy, Security Policy, and Data Request Policy ( “Exhibits” ), each of which is incorporated by reference into these User Terms. If, following the posting of a revised version of the User Terms or its Exhibits, you access or use the Services, or continue accessing or using the Services, this access or use will constitute your agreement to be bound by the revised User Terms and Exhibits. Each use of the terms “we”, “our” and “us” currently refers to StockApp.
You are an Authorized User of a StockApp Account Controlled by a “Customer”
A company, business or other third party that we refer to in these User Terms as “Customer” has invited you to access and use its StockApp account (i.e. a unique workspace where a group of users may access the Services, as further described in the FAQs). If you are joining your employer’s StockApp, for example, the Customer is your employer.
Each Customer has separately agreed to our Master Services Agreement or entered into a written agreement with us or our affiliate(s) (in either case, the “MSA” ) that permitted Customer to create and configure a StockApp, and the options available to Customer so that you and others could join (each invitee granted access to the Services, including Customer, is an Authorized User. The MSA contains our commitment to deliver the Services to Customer, who may then invite Authorized Users to join its StockApp. When an Authorized User (including, you) submits content or information to the Services, such as messages, data or files (“ Customer Data ”), you acknowledge and agree that the Customer Data is owned by Customer and the MSA provides Customer with many choices and control over that Customer Data. For example, Customer may authorize or restrict access to the Services, enable or disable third-party integrations, and manage permission, retention and export settings, and these choices and instructions may result in the access, use, disclosure, modification or deletion of certain or all Customer Data.
The Relationship among You, Customer and StockApp
As between StockApp and the Customer, you understand and agree that it is solely Customer’s responsibility to (a) inform you and any of its Authorized Users of any relevant Customer policies and practices and any settings that may impact the processing of Customer Data; (b) obtain any rights, permissions or consents from you and any Authorized Users that are necessary for the lawful use of Customer Data and the operation of the Services; (c) ensure that the transfer and processing of Customer Data under the MSA is lawful; and (d) respond to and resolve any dispute with you and any Authorized User relating to or based on Customer Data, the Services or Customer’s failure to fulfill these obligations. StockApp makes no representations or warranties of any kind, whether express or implied, to you relating to the Services, which are provided to you on an “As Is” and “As Available” basis.
Eligibility to Access and Use
Minimum Age Requirements. The Services are available only to persons who are the age of majority and can form legally binding contracts under applicable law. Without limiting the foregoing, the Services are not intended to be used by individuals who are under the age of 16 or do not meet the age of majority in your jurisdiction. If you do not qualify, please do not use the Services or access the Website..
Comply with the User Terms. To help ensure a safe and productive work environment, all Authorized Users must comply with our User Terms and any applicable policies established by Customer. If you see inappropriate behavior or content, please report it to the administrator of your StockApp account or your employer.
Access Subject to Discretion of Customer and StockApp. These User Terms remain effective until Customer’s subscription for you expires or terminates, or your access to the Services has been terminated by either Customer or StockApp. Please contact Customer if you at any time or for any reason wish to terminate your account, including due to a disagreement with any updates to these User Terms.
Limitation of Liability .
General Representations. Your use of the Website, Communication Platform, Services and all related components and information will be at your own risk and are provided “As Is”, “As Available” and “with all faults”. StockApp and its suppliers and affiliates disclaim, to the fullest extent permitted by applicable law, all warranties, conditions, representations, whether statutory, express or implied, including, without limitation, any implied warranties, conditions and representations of title, merchantability, fitness for a particular purpose and non-infringement.
Specific Warranties and Disclaimers. StockApp makes no warranties, conditions or representations about (i) the ability of the website, services, or software to perform without limitation or restriction in any given environment, (ii) the accuracy, completeness, or content of the Website, Communication Platform, or Service, (iii) the accuracy, completeness, or content of any linked sites (through hyperlinks, banner advertising or otherwise), and/or (iv) Non-StockApp Products, and StockApp assumes no liability or responsibility therewith. Authorized User acknowledges that StockApp does not warrant that the Website, Communication Platform, or Services will be uninterrupted, timely, secure, or error-free
Non-StockApp Products and Advice. The reference to, or availability of, Non-StockApp Products in connection with the services or website does not constitute, and will not be construed as constituting, an endorsement, authorization, sponsorship, or affiliation by or with StockApp with respect to such Non-StockApp Products.
Legal, Tax, Financial, other Communications. No oral or written information or advice or communications provided by StockApp or any of its employees will constitute personal, legal, tax or financial advice or create a warranty, condition or representation of any kind.
Survival and Jurisdictional Variations. These disclaimers apply to the fullest extent permitted by law and will survive any termination or expiration of these terms. Some jurisdictions may not allow the exclusion and/or limitation of implied representations, conditions or warranties, or allow limitations on how long an implied warranty lasts, so the above limitations or exclusions may not apply to you. In such an event, StockApp’s warranties, conditions and representations will be limited to the greatest extent permitted by applicable law in such jurisdiction.
Indemnification . As an Authorized User you agree to indemnify and hold harmless StockApp (including its officers, directors, employees, agents, representatives and affiliates), from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees), or other expenses that arise directly or indirectly out of or from (a) your violation of the User Terms; (b) use of the Website, Communication Platform, or Services, or any information, content or materials contained, displayed or available therein, by you or any other person accessing them under your authorized access methods; (c) any activity you engage on or through the Website, Communication Platform, or Services; (d) your violation of the rights, including intellectual property rights of any third party, or (e) any of your submissions or content.
Cooperation Requirement. You agree to cooperate fully in any StockApp inquiry concerning actual, alleged, or potential violations of the User Terms. You waive any and all rights against StockApp (including its officers, directors, employees, agents, representatives and affiliates) and agree to indemnify and hold them harmless in connection with any claims relating to any action taken by StockApp as part of its investigation of a suspected violation or the result of its conclusion that a violation of the User Terms has occurred, including, but not limited to, the removal of the violating content, suspension, or termination of your access to the Website, Communication Platform, and Services.
Application of Consumer Law. The Website, Communication Platform and Services are intended for use by businesses and organizations and not for consumer purposes. To the maximum extent permitted by law, you hereby acknowledge and agree that consumer laws do not apply. If however any consumer laws (e.g., in Australia, the Competition and Consumer Act 2010 (Cth)) do apply and cannot otherwise be lawfully excluded, nothing in these User Terms will restrict, exclude or modify any statutory warranties, guarantees, rights or remedies you have, and our liability is limited (at our option) to the replacement, repair or resupply of the Services or the pro-rata refund to Customer of pre-paid fees for your subscription covering the remainder of the term.
Disputes, Arbitration, and Class Action Waiver.
Informal Resolution. Before filing a claim, each Party agrees to try to resolve the dispute by contacting the other Party through the notice procedures in Section 9. If a dispute is not resolved within thirty (30) days of notice, Authorized User or StockApp may bring a formal proceeding.
Arbitration. Authorized User and StockApp agree to resolve any claims relating to these User Terms through final and binding arbitration, except as set forth below. This includes disputes arising out of or relating to the interpretation or application of this “Arbitration” subsection, including its scope, enforceability, revocability, or validity. The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules. The arbitration will be held in San Francisco (CA), or any other location both parties agree to in writing. The arbitrator may award relief only individually and only to the extent necessary to redress Authorized User’s or StockApp’s individual claim(s); the arbitrator may not award relief on behalf of others or the general public. StockApp's past, present and future affiliates and agents may invoke StockApp's rights under this "Disputes" Section in the event they become involved in a dispute with Authorized User; otherwise, the User Terms does not give rights to any third parties.
Exception to Arbitration. Either Party may bring a lawsuit in the federal or state courts of San Francisco County, California solely for injunctive relief to stop unauthorized use or abuse of the Services or infringement of Intellectual Property Rights without first engaging in the informal dispute notice process described above. Both Authorized User and StockApp consent to venue and personal jurisdiction there.
No Class Actions. Authorized User may only resolve disputes with StockApp on an individual basis and will not bring a claim in a class, consolidated or representative action. Class arbitrations, class actions, private attorney general actions and consolidation with other arbitrations are not allowed.
Modifications . As our business evolves, we may change these User Terms or our posted Policies. If we make a material change to the User Terms (including its Exhibits) or Policies we will provide you with reasonable notice prior to the change taking effect either by emailing the email address associated with your account or by messaging you through the Services. You can review the most current version of the User Terms and all Exhibits by visiting our Website at any time. Any material revisions to these User Terms will become effective on the date set forth in our notice, and all other changes will become effective on the date we publish the change. If you use the Services after the effective date of any changes, that use will constitute your acceptance of the revised terms and conditions.
Terms that Survive Termination or Expiration .
Sections 1, 3, 4, 5, 6, 7, 8 and 9 will survive any termination or expiration of these User Terms.
General Terms .
Entire Agreement. These User Terms are the entire agreement between Authorized User and Authorized User regarding Authorized User’s use of the Services and supersedes all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter. Except as expressly provided herein, no waiver, changes, or modifications to these User Terms will be effective unless included in a written amendment executed by authorized representatives of both parties. All Exhibits referenced in these User Terms are incorporated into these User Terms by reference. Each party acknowledges and agrees that in the event of a conflict between agreements the precedence in descending order is as follows: (i) the Order Form; (ii) the MSA; and (iii) these User Terms.
Law; Jurisdiction. THE AGREEMENT WILL BE GOVERNED BY CALIFORNIA LAW EXCEPT FOR ITS CONFLICTS OF LAWS PRINCIPLES. The prevailing party in any dispute arising out of these User Terms shall be entitled to recover its reasonable attorney’s fees and costs, in addition to any other relief granted. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these User Terms and is hereby expressly excluded.
Severability. If any provision of these User Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these User Terms will otherwise remain in full force and effect and enforceable.
Waiver. No waiver of any provision of these User Terms , nor consent by StockApp to the breach of or departure from any provision of these User Terms, will in any event be binding on or effective against StockApp unless it be in writing and signed by a duly authorized representative of StockApp, and then such waiver will be effective only in the specific instance and for the specific purpose for which given.
Notices. Authorized User consents to receive electronically any communications from StockApp. We may communicate with you through the email address specified in your account or by posting notices on the Website. Authorized User agrees that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any requirement that such communications be in writing. All notices from us intended for receipt by you shall be deemed delivered when sent to the email address you provide to us. All notices from both parties shall be made in the English language. Please also feel free to contact us if you have any legal notices or questions about these User Terms. You may contact us at legal@stockapp.com.