Stax – Terms of Use
Last Modified: December 20, 2024
Welcome to Stax!
Acceptance of the Terms
By using the Stax Payments, Inc. (“Stax,” “we,” “us,” or “our”) website (www.staxpayments.com) (“Website”) or any other websites, products, services, portals, and/or mobile applications owned or operated by Stax or its Affiliates (collectively, the “Platform”), you agree to these Terms (the “Terms”), which we may update or amend from time to time as set forth herein.
All references to “Stax,” “we,” “us,” or “our” herein include Affiliates, as applicable. For purposes of these Terms, “Affiliates” means any entity or person directly or indirectly owning a controlling interest in, owned by, or under common ownership with Stax Payments Inc.
These Terms govern your access to and use of the Platform. As used herein, “you” refers to any visitor, user, or other person who accesses the Platform, as well as, if applicable, the employer or organization on whose behalf you are accessing or using this Platform.
Your use of certain products and services offered through the Platform may be subject to additional terms, conditions, agreements, schedules, policies, guidelines, or rules, which will be posted or made available separately from these Terms (“Additional Terms”), including, without limitation, those terms located on the Website, the Platform, on statement messages, and/or in your Stax portal. If there is a conflict between these Terms and the Additional Terms, the Additional Terms will control with respect to the use of the products and services governed by such Additional Terms.
Stax may use third-party services, software, or applications in making the Platform available to you (each, a “Third-Party Service,” and collectively, “Third-Party Services”). To the extent that you use any Third-Party Services in connection with your use of our Platform, you agree to comply with all applicable terms of any agreement for such Third-Party Services, which are deemed “Additional Terms” hereunder. You agree that Stax is not responsible for Third-Party Services or any losses or damages that may occur due to your use or inability to use any Third-Party Services.
PLEASE READ THESE TERMS CAREFULLY BEFORE YOU START USING THE PLATFORM.
By using the Platform or by clicking to accept or agree to the Terms when this option is made available, you accept and agree to be bound and abide by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms or the Privacy Policy, you must not access or use the Platform.
This Platform is offered and available to users who are:
- 18 years of age or older
- Reside in Canada, the United States, or their territories or possessions
- Are not prohibited by law from using the Platform or any of its functionalities
By using this Platform, you represent and warrant that you meet these eligibility requirements. If you are using this Platform on behalf of an employer or organization, you also represent and warrant that you have the authority to enter into these Terms on behalf of such employer or organization. If you do not meet all of these requirements, you must not access or use the Platform.
Changes to the Terms
WE MAY REVISE AND UPDATE THESE TERMS FROM TIME TO TIME IN OUR SOLE DISCRETION.
All changes are effective immediately when posted.
Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes. You acknowledge that you are expected to, and agree that you will, check this page each time you access this Platform so you are aware of any changes, as they are binding on you.
Accessing the Platform and Account Security
We reserve the right to withdraw or amend the Platform, and any service or material we provide on the Platform, including Third-Party Services, in our sole discretion without notice. We will not be liable if all or any part of the Platform or any Third-Party Service is unavailable at any time or for any period.
You are responsible for:
- Making all arrangements necessary for you to access the Platform.
- Ensuring that all persons who access the Platform through your internet connection are aware of these Terms and comply with them.
To access the Platform or its resources, you may be asked to provide certain registration details or information. It is a condition of your use that all information provided is correct, current, and complete.
You agree that all information you provide to register with this Platform or otherwise, including through the use of interactive features on the Platform, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose or are provided with a user name, password, or other security information as part of our procedures, you must treat such information as confidential and must not disclose it to any other person or entity. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other actual or suspected breach of security. You also agree to ensure that you exit from your account at the end of each session and use particular caution when accessing your account from a public or shared computer.
We have the right to disable any user name, password, or other identifier at any time in our sole discretion if, in our opinion, you have violated any provision of these Terms. Additionally, we have the right to rely on and treat as authorized any login using the user name and password associated with your account.
Fees
Stax may provide certain paid or free services associated with the use of the Platform in its sole discretion. All fees, including Subscription Fees, charged by Stax may be modified or changed at any time.
Some services offered on the Platform are billed on a subscription basis (“Subscription Fees”) and require a valid payment method such as ACH for payment. Subscription Fees are billed in advance on a recurring monthly basis until canceled. Unless otherwise agreed between you and Stax, you may cancel your Subscription Fee by completing a cancellation form in the Stax portal or emailing [email protected].
Additional fees associated with certain services, such as payment processing, may be specified in Additional Terms. You are responsible for paying all fees and applicable taxes in a timely manner. Stax may suspend or terminate your use of the Platform due to non-payment. Stax does not provide refunds except as expressly set forth in these Terms.
Intellectual Property Rights
The Platform and its entire contents, features, and functionality, including all information, software, text, displays, images, video, and audio, and their arrangement, are owned by Stax, its Affiliates, or other providers and are protected by United States and international laws.
You may not commercially exploit, reproduce, distribute, modify, create derivative works, publicly display or perform, download, or transmit any material on the Platform except as authorized by these Terms. No rights or interests in the Platform or its content are transferred to you, and all rights not expressly granted are reserved by Stax.
Trademarks
The Stax name, marks, and logo are trademarks of Stax or its Affiliates. You must not use such marks without prior written permission. All other marks on the Platform are the trademarks of their respective owners.
Prohibited Uses
You agree not to use the Platform:
- In violation of any law or regulation.
- In breach of your obligations to Stax.
- To engage in fraud, money laundering, or other illegal activities.
- To exploit or harm minors.
- To send unauthorized advertising or promotional material.
- To impersonate Stax or another person or entity.
- In any manner that restricts others’ use or enjoyment of the Platform or exposes them to liability.
Additionally, you agree not to:
- Use the Platform in any manner that could damage or impair it.
- Use any device or process to monitor or copy material on the Platform without permission.
- Introduce harmful materials like viruses or Trojan horses.
- Attempt unauthorized access to the Platform or related servers.
Your Content
Certain features of the Platform may allow uploading, posting, or transmitting content. You retain ownership of any content you upload, but you grant Stax a license to use it for maintaining and operating the Platform and other purposes.
You represent that:
- You own the content or have sufficient rights to grant the license to Stax.
- Your content does not violate any laws or rights of third parties.
Stax may remove content that violates these Terms and is not responsible for backing up your content.
Systems Data
All data regarding your use of the Platform is the exclusive property of Stax. Stax may use such data for any lawful purpose, including analysis and improvement of the Platform.
Feedback
Any feedback you provide to Stax may be used by Stax for any purpose. By providing feedback, you grant Stax a perpetual, royalty-free license to use, reproduce, and distribute it.
Geographic Restrictions
The Platform is offered to users in the United States and Canada. Access to the Platform may not be legal in certain locations. Users accessing the Platform from outside these regions do so at their own risk.
Disclaimer of Warranties
The Platform is provided “as is” without any warranties, express or implied. Stax disclaims all implied warranties, including those of merchantability, fitness for a particular purpose, and non-infringement.
Limitation on Liability
To the fullest extent permitted by law, Stax is not liable for any indirect, incidental, or consequential damages. Stax’s total liability is limited to the lesser of $100 or the fees you paid in the three months preceding the claim.
Indemnification
You agree to indemnify Stax and its Affiliates for any claims arising out of your use of the Platform, including violations of these Terms or applicable laws.
Governing Law and Jurisdiction
These Terms are governed by the laws of the State of Delaware. Any disputes must be resolved in the courts of Delaware, except as otherwise stated in the Arbitration section.
Arbitration
Disputes will be resolved through binding arbitration conducted in accordance with the rules of JAMS. Class actions and representative proceedings are not permitted.
Waiver and Severability
If any provision of these Terms is found invalid, the remaining provisions will remain in effect. Stax’s failure to enforce any right or provision does not constitute a waiver.
Entire Agreement
These Terms, along with any Additional Terms, constitute the entire agreement between you and Stax regarding the Platform and supersede prior agreements.