Terms of Service

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and DigitalStack ("Company," "we," "us," or "our") governing your access to and use of the platform and services available at digitalstack360.com(the "Service").

By creating an account, accessing, or using the Service, you confirm that you have read, understood, and agree to be bound by these Terms. If you are using the Service on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

If you do not agree to these Terms, you must not access or use the Service. Use of the Service is also governed by our Privacy Policy, which is incorporated by reference into these Terms.

• "Service" means the DigitalStack web application, APIs, and related services accessible at digitalstack360.com.
• "Account" means a registered user account created to access the Service.
• "Workspace" means an organizational unit within the Service that may contain multiple users and projects.
• "Project" means a discrete unit of work within the Service containing architecture diagrams, discovery documents, and related content.
• "User Content" means any data, text, files, images, or other content you submit, upload, or generate using the Service.
• "AI-Generated Content" means output produced by AI models within the Service in response to your inputs.
• "Subscription" means a paid plan providing access to certain features of the Service.
• "Administrator" means a user with elevated permissions to manage a Workspace, including adding or removing members and configuring settings.

Account Creation

You must provide accurate, current, and complete information when creating an Account. You are responsible for maintaining the confidentiality of your credentials and for all activity that occurs under your Account. You must notify us immediately at legal@digitalstack360.com if you suspect unauthorized access.

You must be at least 16 years of age to create an Account. By creating an Account you represent that you meet this requirement.

Workspace Administration

Workspace Administrators are responsible for managing access within their Workspace, including inviting and removing members, setting permissions, and ensuring that all members comply with these Terms. The organization that created or owns the Workspace is responsible for activity by all users within that Workspace.

Account Security

You are solely responsible for maintaining the security of your Account. We recommend using a strong, unique password and enabling multi-factor authentication where available. We will never ask for your password via email or support chat.

Service Description

DigitalStack provides a platform for digital strategy, architecture planning, discovery documentation, and project intelligence. Features vary by subscription plan and are subject to change.

Availability

We strive for high availability but do not guarantee uninterrupted access to the Service. Scheduled maintenance will be communicated in advance where practicable. We are not liable for downtime caused by factors outside our reasonable control.

Modifications

We reserve the right to modify, suspend, or discontinue any part of the Service at any time with reasonable notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation.

Third-Party Integrations

The Service may integrate with or link to third-party services. We do not control and are not responsible for the content, policies, or practices of third-party services. Your use of third-party services is governed by their respective terms and privacy policies.

You agree not to use the Service to:

• Violate any applicable law, regulation, or third-party rights
• Upload, transmit, or distribute malware, viruses, or other harmful code
• Attempt to gain unauthorized access to the Service, other accounts, or our infrastructure
• Interfere with or disrupt the integrity, performance, or availability of the Service
• Scrape, crawl, or systematically extract data from the Service without our written consent
• Reverse engineer, decompile, or disassemble any part of the Service
• Use the Service to generate, distribute, or facilitate spam, phishing, or fraudulent content
• Impersonate any person or entity or misrepresent your affiliation with any person or entity
• Use the Service in any way that could harm minors
• Use the Service to develop a competing product without our written consent
• Circumvent or attempt to circumvent any usage limits, feature gates, or billing controls
• Share account credentials with unauthorized individuals

Violation of these restrictions may result in immediate suspension or termination of your Account and may expose you to civil or criminal liability. We reserve the right to investigate and take appropriate legal action against anyone who violates these provisions.

Ownership

You retain all intellectual property rights in User Content you create or upload. By using the Service, you grant DigitalStack a worldwide, non-exclusive, royalty-free license to host, store, copy, transmit, and display your User Content solely as necessary to provide and improve the Service.

Responsibility

You are solely responsible for your User Content. You represent and warrant that: (a) you own or have the rights to your User Content; (b) your User Content does not infringe any third-party intellectual property, privacy, or other rights; and (c) your User Content complies with these Terms and applicable law.

Content Removal

We reserve the right to remove User Content that violates these Terms, is reported as infringing, or is otherwise objectionable, without prior notice. We will notify you where legally permissible.

Sensitive Information

You should not upload content that includes passwords, API keys, social security numbers, payment card numbers, protected health information, or other sensitive credentials. We are not responsible for damages arising from your inclusion of such data in the Service.

Our Intellectual Property

The Service, including its software, design, logos, trademarks, and underlying technology, is owned by DigitalStack and protected by intellectual property laws. These Terms do not grant you any rights to use our brand assets, trademarks, or proprietary materials except as expressly permitted.

License to Use the Service

Subject to these Terms and your payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business purposes. This license does not include the right to sublicense, distribute, modify, or create derivative works of the Service.

Feedback

If you provide feedback, suggestions, or ideas about the Service, you grant us an irrevocable, perpetual, royalty-free license to use that feedback for any purpose, including improving the Service, without any obligation to you.

Certain features of the Service use artificial intelligence models to generate documents, diagrams, recommendations, and other content. With respect to AI-Generated Content:

• AI-Generated Content is provided for informational and productivity purposes only and does not constitute professional, legal, financial, or technical advice.
• You are responsible for reviewing, validating, and taking accountability for any AI-Generated Content before relying on it or sharing it with clients or third parties.
• We do not warrant the accuracy, completeness, or fitness for purpose of AI-Generated Content.
• AI-Generated Content may reflect biases inherent in the underlying models. We are continuously working to improve quality and reduce such biases.
• You retain ownership of AI-Generated Content produced from your inputs and project context, subject to any applicable rights of the underlying AI model providers.
• You may not represent AI-Generated Content as having been authored by a licensed professional where such representation would be misleading or unlawful.

Subscription Plans

Certain features of the Service require a paid Subscription. Subscription fees are billed in advance on a monthly or annual basis as selected at purchase. All fees are stated in US dollars and are exclusive of applicable taxes unless otherwise noted.

Payment Processing

Payments are processed by Stripe. By providing payment information, you authorize us to charge the applicable fees to your payment method. Your payment information is governed by Stripe's terms and privacy policy.

Automatic Renewal

Subscriptions automatically renew at the end of each billing period unless cancelled before the renewal date. You may cancel your subscription at any time through your Account settings. Cancellation takes effect at the end of the current billing period.

Refunds

We do not offer refunds for partial months or unused features, except as required by applicable law or at our sole discretion. If you believe you were charged in error, contact us within 30 days at legal@digitalstack360.com.

Plan Changes

Upgrades take effect immediately with prorated charges. Downgrades take effect at the start of the next billing period. We reserve the right to change pricing with 30 days' notice to existing subscribers.

Late Payment

If a payment fails, we may suspend access to paid features. We will notify you and provide a reasonable opportunity to update your payment information before suspension.

Each party may have access to the other party's confidential information in connection with the Service. "Confidential Information" means any non-public information disclosed by one party to the other that is designated as confidential or that reasonably should be understood to be confidential.

Each party agrees to: (a) keep the other party's Confidential Information strictly confidential; (b) not disclose Confidential Information to third parties without prior written consent; and (c) use Confidential Information only as necessary to use the Service or fulfill obligations under these Terms.

These obligations do not apply to information that: (a) is or becomes publicly available through no fault of the receiving party; (b) was rightfully known before disclosure; (c) is independently developed without use of Confidential Information; or (d) must be disclosed by law or court order.

The Service is provided "as is" and "as available" without warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

We do not warrant that: (a) the Service will be uninterrupted, error-free, or secure; (b) defects will be corrected; (c) the Service or servers that make it available are free of viruses or other harmful components; or (d) results obtained from use of the Service will be accurate or reliable.

The Service is not a substitute for professional advice. Any architecture recommendations, discovery outputs, or project intelligence generated by the Service should be reviewed by qualified professionals before being acted upon.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

To the maximum extent permitted by applicable law, in no event shall DigitalStack, its directors, officers, employees, agents, or suppliers be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to loss of profits, revenue, data, goodwill, or business interruption, arising out of or related to your use of or inability to use the Service, even if we have been advised of the possibility of such damages.

Our total aggregate liability to you for all claims arising out of or relating to these Terms or the Service shall not exceed the greater of: (a) the total fees paid by you toDigitalStack in the twelve months preceding the claim; or (b) one hundred US dollars ($100).

The limitations above reflect a reasonable allocation of risk between the parties. You acknowledge that DigitalStack would not have entered into this agreement without these limitations.

You agree to defend, indemnify, and hold harmless DigitalStack and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or relating to:

• Your use of the Service in violation of these Terms
• Your User Content, including any claim that it infringes third-party rights
• Your violation of any applicable law or regulation
• Any misrepresentation made by you in connection with the Service

We reserve the right to assume exclusive control of the defense of any matter subject to indemnification by you, at your expense. You agree to cooperate with our defense of such claims.

By You

You may terminate your Account at any time by following the account deletion process in your Account settings. Termination does not entitle you to a refund of prepaid fees for the current billing period.

By Us

We may suspend or terminate your Account at any time with or without cause, with or without notice, for conduct that we determine violates these Terms, is harmful to other users or the Service, or for any other reason at our sole discretion. We will provide advance notice where practicable unless immediate action is required due to security, legal, or abuse concerns.

Effect of Termination

Upon termination: (a) your license to use the Service is revoked; (b) you must cease all use of the Service; (c) we will delete your data in accordance with our Privacy Policy. Sections relating to intellectual property, disclaimers, limitation of liability, indemnification, and governing law survive termination.

Data Export

Prior to account deletion you may export your project data using the export features available in the Service. We are not obligated to retain data following termination.

Governing Law

These Terms and any disputes arising out of or related to the Service are governed by the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

Informal Resolution

Before filing a formal claim, you agree to contact us at legal@digitalstack360.com and attempt to resolve the dispute informally. We will attempt to resolve the dispute within 30 days. If the dispute is not resolved informally, either party may pursue formal proceedings.

Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms that cannot be resolved informally will be settled by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, except that either party may seek injunctive or other equitable relief in any court of competent jurisdiction. The arbitration will be conducted in English in Delaware.

Class Action Waiver

You agree to resolve disputes with us on an individual basis only. You waive the right to bring or participate in any class action, class arbitration, or representative proceeding.

Limitation Period

Any claim arising out of these Terms must be filed within one year of the date the claim arose, or such claim is permanently barred.

We reserve the right to modify these Terms at any time. When we make material changes, we will provide at least 30 days' advance notice by email or by posting a conspicuous notice on the Service. Your continued use of the Service after the effective date of the revised Terms constitutes your acceptance of the changes.

If you do not agree to the updated Terms, you must stop using the Service and may terminate your Account before the changes take effect.

If you have any questions about these Terms, please contact us: