This Terms of Service Agreement (the "Agreement") governs your access to and use of WidgetStacks and the products, widgets, and services offered through it (the "Services"). By accessing or using the Services, or by clicking to accept this Agreement, you agree to be bound by it. If you do not agree, do not use the Services. Capitalized terms are defined in Section 13.
1. Use of the Services
1.1 Generally. Subject to this Agreement, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your own business or personal purposes, including embedding widgets you create on websites you own or are authorized to manage.
1.2 Your account. Some features require an account. You are responsible for keeping your credentials secure and for all activity that occurs under your account. You must provide accurate information and be of legal age to form a binding contract. Notify us promptly of any unauthorized use.
1.3 Third-party content. Widgets may display content retrieved from third-party sources you connect (such as public reviews or social posts). That content belongs to its respective owners and platforms, and your use of it must comply with those platforms' terms. We are not responsible for third-party content or its availability.
2. Changes
We are continually improving the Services and may add, change, or remove features at any time. We may also impose limits on certain features or restrict access to parts of the Services. Your continued use of the Services after a change takes effect constitutes your acceptance of it.
3. Security and data privacy
We apply reasonable technical and organizational measures to protect the Services, but no method of transmission or storage is completely secure. Our collection and use of personal data is described in our Privacy Policy, which forms part of this Agreement. You are responsible for handling any personal data you collect from visitors through your widgets in compliance with applicable privacy laws, including providing your own privacy notices where required.
4. Your responsibilities
4.1 Your content. You retain ownership of the content and data you submit or connect to the Services ("Your Content"). You grant us a worldwide, royalty-free license to host, store, reproduce, and display Your Content solely to operate and provide the Services to you.
4.2 Acceptable use. You agree not to:
- use the Services for any unlawful, infringing, deceptive, or harmful purpose;
- infringe the intellectual property, privacy, or other rights of any third party;
- copy, modify, reverse engineer, decompile, or create derivative works of the Services;
- resell, sublicense, or commercially exploit the Services except as expressly permitted;
- upload or transmit malware, or attempt to gain unauthorized access to the Services or related systems;
- interfere with or disrupt the integrity or performance of the Services, including excessive automated requests.
4.3 Third-party terms. When you connect a source (for example, Google or a social platform), you must comply with that provider's terms of service and policies. You are responsible for having the rights necessary to display the content you embed.
5. Payments
5.1 Plans and billing. Some features require a paid subscription. Paid plans are billed in advance through our third-party payment processor on a recurring basis (for example, monthly or yearly) and renew automatically until canceled.
5.2 Cancellation and refunds. You may cancel at any time from your account; cancellation takes effect at the end of the current billing period. Fees are non-refundable except where required by law or expressly stated in our refund policy.
5.3 Taxes and price changes. Fees are exclusive of taxes, which you are responsible for. We may change prices with reasonable advance notice; changes apply to the next billing period. If a payment fails, we may suspend or downgrade your access until it is resolved.
6. Term and termination
6.1 Term. This Agreement applies for as long as you use the Services. You may stop using the Services and delete your account at any time.
6.2 Suspension and termination. We may suspend or terminate your access if you breach this Agreement, fail to pay, or use the Services in a way that could cause harm or legal liability. We may also discontinue the Services with reasonable notice.
6.3 Effect. On termination, your right to use the Services ends and embedded widgets may stop rendering. Provisions that by their nature should survive (including proprietary rights, disclaimers, limitations of liability, and indemnification) will survive.
7. Proprietary rights
The Services, including all software, design, and the WidgetStacks name and logo, are owned by us and protected by intellectual property laws. Except for the limited license granted to you, this Agreement does not transfer any rights in the Services to you. If you send us feedback or suggestions, you grant us a perpetual, royalty-free license to use it without restriction.
8. Indemnification
You agree to indemnify and hold harmless WidgetStacks and its affiliates, officers, and employees from any claims, damages, liabilities, and expenses (including reasonable legal fees) arising out of or related to Your Content, your use of the Services, or your violation of this Agreement or any applicable law or third-party right.
9. Disclaimers
The Services are provided "as is" and "as available" without warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Services will be uninterrupted, error-free, or secure, or that any third-party content will be accurate or available.
10. Limitations of liability
To the maximum extent permitted by law, WidgetStacks will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, or goodwill, arising out of or related to your use of the Services. Our total liability for any claim arising out of or related to this Agreement will not exceed the amount you paid us for the Services in the twelve (12) months preceding the event giving rise to the claim.
11. Modifications to the Agreement
We may update this Agreement from time to time. If we make material changes, we will provide reasonable notice, for example by posting the updated Agreement on this page and updating the date above. Your continued use of the Services after the changes take effect constitutes your acceptance of the updated Agreement.
12. Miscellaneous
12.1 Governing law. This Agreement is governed by applicable law, without regard to conflict-of-law principles, and disputes will be resolved in the courts of competent jurisdiction where WidgetStacks operates.
12.2 Entire agreement; severability. This Agreement, together with the Privacy Policy, is the entire agreement between you and WidgetStacks regarding the Services. If any provision is found unenforceable, the remaining provisions remain in effect.
12.3 Assignment, waiver, and notices. You may not assign this Agreement without our consent; we may assign it in connection with a merger or sale. Our failure to enforce a provision is not a waiver. We may provide notices to you through the Services or the email associated with your account.
13. Definitions
- "Services" means the WidgetStacks website, dashboard, widget builder, widget loader, and related products.
- "Account" means the account you register to access the Services.
- "Widget" means an embeddable component you create and configure with the Services.
- "Your Content" means the content and data you submit to or connect with the Services.
- "You" means the individual or entity using the Services.