StickText Terms of Service
Date of Last Revision: October 1, 2019
Welcome to StickText!
The Terms of Service (simply called the “Terms” throughout this document) regulate our relationship with each and every user. To help you understand what our Terms say and mean, we’ve attempted to write it in a simple way that eliminates the typical jargon and legalese you usually find in these kinds of documents. However, you will that some sections throughout our Terms may still read like a traditional contract, and that’s because these Terms are, in fact, a legally binding contract between you and StickTech Innovations LLC.
By using the StickText website, the StickText mobile application, or any other StickText services (collectively, our “Services”), you agree to these Terms. If you DO NOT agree with these Terms, then please DO NOT use our Services. Simple as that.
QUICK NOTE! OUR TERMS CONTAIN AN ARBITRATION CLAUSE, WHICH MEANS YOU AND STICKTECH INNOVATIONS, LLC AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND STICKTECH INNOVATIONS, LLC WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
1. Who Can Use our Services
StickText allows anyone with a registered Apple ID to download our Services from the Apple App Store. By using our Services, you are agreeing that: (1) you are 4 years of age or older; (2) have permission to download and use StickText; and (3) you will comply with these Terms and all applicable local, state, national, and international laws, rules, and regulations.
2. Your Rights as a User
StickTech Innovations LLC grants you a personal, worldwide, royalty-free, non-assignable, non-exclusive, revocable, and non-sublicensable license to access and use our Services. This license is for the sole purpose of letting you use our Services in a way that these Terms and our usage policies allow, and to interactively express yourself through customizable messages, stickers, and gifs, many of which you can create and send in “real-time” directly in iMessage.
You may not copy, modify, distribute, sell, or lease any part of our Services, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit these restrictions or you have our written permission to do so.
3. Rights You Grant Us
4. Content of Others
We DO NOT want our Services to be put to bad use; however, since we DO NOT review the content used in our users’ messages, we CANNOT guarantee that every StickText user will always use our application in accordance to these Terms.
Again, we DO NOT want our Services to be put to bad use, and try hard to maintain a safe experience for all users, but we CANNOT guarantee it. To help us keep StickText you agree that:
- You will not use our Services for any purpose that is illegal or prohibited in these Terms.
- You will not use any robot, spider, crawler, scraper, or other automated means or interface to access our Services or extract other user’s information.
- You will not use or develop any third-party applications that interact with our Services or other users’ content or information without our written consent.
- You will not use our Services in a way that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying our Services, or that could damage, disable, overburden, or impair the functioning of our Services.
- You will not send content that contains pornography, graphic violence, threats, hate speech, or incitements to violence.
- You will not upload viruses or other malicious code or otherwise compromise the security of our Services.
- You will not attempt to circumvent any content-filtering techniques we employ or attempt to access areas or features of our Services that you are not authorized to access.
- You will not probe, scan, or test the vulnerability of our Services or any system or network.
- You will not encourage or promote any activity that violates these Terms.
7. Modifying the Services and Termination
Here at StickText we’re constantly looking for ways to improve our Services and enhance our users’ experience. That means that we may add or remove features or functionalities at any time. Additionally, StickTech Innovations LLC may terminate these Terms with you at any time, for any reason, and without advanced notice. Regardless of who terminates these Terms, both you and StickTech Innovations LLC continue to be bound by the provisions of these Terms that would reasonably be understood to survive termination.
8. Third-Party Services
If you use a service, feature, or functionality that is operated by a third party and made available through our Services (including Services we jointly offer with the third party), each party’s terms will govern the respective party’s relationship with you. Neither StickTech Innovations LLC nor any of its affiliates is responsible or liable for those third party terms or actions taken under the third party’s terms. Please make sure to read and be aware of any third-party’s terms of service before using such third-party services.
To the extent that the law permits, you agree to indemnify, defend, and hold harmless StickTech Innovations LLC, our affiliates, directors, officers, shareholders, employees, licensors, and agents from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys’ fees) due to, arising out of, or relating in any way to: (a) your access to or use of our Services; (b) your use of StickText; and (c) your breach of these Terms.
OUR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND TO THE EXTENT PERMITTED BY LAW WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN ADDITION, WHILE STICKTECH INNOVATIONS LLC ATTEMPTS TO PROVIDE A GREAT USER EXPERIENCE, WE DO NOT REPRESENT OR WARRANT THAT: (A) OUR SERVICES WILL ALWAYS BE SECURE, ERROR-FREE, OR TIMELY; (B) OUR SERVICES WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS, OR IMPERFECTIONS; OR (C) THAT ANY STICKTEXT APP CONTENT, USER CONTENT, OR INFORMATION YOU OBTAIN ON OR THROUGH OUR SERVICES WILL BE TIMELY OR ACCURATE.
STICKTECH INNOVATIONS LLC TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY STICKTEXT APP CONTENT THAT YOU, ANOTHER USER, OR A THIRD PARTY CREATES, UPLOADS, SENDS, RECEIVES, OR STORES ON OR THROUGH OUR SERVICES. YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO CONTENT THAT MIGHT BE OFFENSIVE, ILLEGAL, MISLEADING, OR OTHERWISE INAPPROPRIATE, NONE OF WHICH STICKTECH INNOVATIONS LLC WILL BE RESPONSIBLE FOR.
ADDITIONALLY, YOU ARE RESPONSIBLE FOR ANY MOBILE CHARGES THAT MAY BE INCURRED FOR USING OUR SERVICES, INCLUDING TEXT-MESSAGING AND DATA CHARGES. ASK YOUR SERVICE PROVIDER BEFORE USING OUR SERVICES IF YOU ARE UNSURE WHAT CHARGES MAY APPLY.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, STICKTECH INNOVATIONS LLC AND OUR MANAGING MEMBERS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, LICENSORS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR MULTIPLE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE OUR SERVICES; (B) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON OR THROUGH OUR SERVICES; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT (INCLUDING ANY STICKERS), EVEN IF STICKTECH INNOVATIONS LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL STICKTECH INNOVATION’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO OUR SERVICES EXCEED $100 USD.
12. Arbitration, Class Waiver, and Jury Waiver
THIS SECTION IS VERY IMPORTANT BECAUSE IT REQUIRES YOU AND STICKTECH INNOVATIONS LLC TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION. SO, PLEASE READ CAREFULLY!
- Applicability of Arbitration Agreement. You and StickTech Innovations LLC agree that all claims and disputes (whether contract, tort, or otherwise, including all statutory claims and disputes) arising out of or relating to these Terms or the use of our Services that cannot be resolved in small claims court will be resolved by binding arbitration on an individual basis, except that you and StickTech Innovations are not required to arbitrate any dispute in which either party seeks equitable relief for the alleged unlawful use of intellectual property or proprietary information such as copyrights, trademarks, trade names, logos, trade secrets, or patents. To be clear: The phrase “all claims and disputes” also includes claims that arose between us before the effective date of these Terms.
- Arbitration Rules. The Federal Arbitration Act governs the interpretation and enforcement of this dispute-resolution provision. Arbitration will be initiated through the American Arbitration Association (“AAA”). If the AAA is not available to arbitrate, the parties will select an alternative arbitral forum. The rules of the arbitral forum will govern all aspects of this arbitration, except to the extent those rules conflict with these Terms. The AAA Consumer Arbitration Rules governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration will be conducted by a single neutral arbitrator. Any claims or disputes where the total amount sought is less than $10,000 USD may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount sought is $10,000 USD or more, the right to a hearing will be determined by the arbitral forum’s rules. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
- Fees. If you choose to arbitrate with StickTech Innovations LLC, please be aware that each party will bear their own attorneys’ fees associated with the arbitration. The parties also agree that each party will bear one half of the cost of the arbitration filing and hearing fees, as well as the cost of the arbitrator(s).
- Authority of the Arbitrator. The arbitrator will decide the jurisdiction of the arbitrator and the rights and liabilities, if any, of you and StickTech Innovations LLC. The dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under law, the arbitral forum’s rules, and the Terms. The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and StickTech Innovations LLC.
- Waiver of Jury Trial. YOU AND STICKTECH INNOVATIONS LLC WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and StickTech Innovations LLC are instead electing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and StickTech Innovations LLC over whether to vacate or enforce an arbitration award, YOU AND STICKTECH INNOVATIONS LLC WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge. This provision is subject to the exceptions set forth in Section 16, subsection a. Applicability of Arbitration Agreement.
- Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor we are entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in Section 16.
- Right to Waive. Any rights and limitations set forth in this arbitration agreement may be waived by the party against whom the claim is asserted. Such waiver will not waive or affect any other portion of this arbitration agreement.
- Opt-out. You may opt out of this arbitration agreement. If you do so, neither you nor StickTech Innovations LLC can force the other to arbitrate. To opt out, however, you must notify StickTech Innovations LLC in writing no later than 30 days after first becoming subject to this arbitration agreement. Your notice must include your name, address and phone number, and the Apple ID email address used to download and setup the StickText application, including an unequivocal statement that you want to opt out of this arbitration agreement. You must email the opt-out notice to email@example.com.
- Small Claims Court. Notwithstanding the foregoing, either you or StickTech Innovations LLC may bring an individual action in small claims court.
- Arbitration Agreement Survival. This arbitration agreement will survive the termination of your relationship with StickTech Innovations LLC.
13. Exclusive Venue
To the extent that these Terms allow you or StickTech Innovations LLC to initiate litigation in a court, both you and StickTech Innovations agree that all claims and disputes (whether contract, tort, or otherwise, including statutory claims and disputes) arising out of or relating to these Terms or the use of our Services will be litigated exclusively in the United States District Court for the Southern District of Florida. In the case that such court would lack original jurisdiction over the litigation, then all claims and disputes arising out of or relating to these Terms or the use of our Services will be litigated exclusively in the Eleventh Judicial Circuit Court of Florida, County of Miami Dade. You and StickTech Innovations LLC consent to the personal jurisdiction of both courts.
14. Choice of Law
Except to the extent they are preempted by U.S. federal law, the laws of Florida, other than its conflict-of-laws principles, govern these Terms and any disputes (whether contract, tort, or otherwise) arising out of or relating to these Terms or their subject matter.
If any provision of these Terms is found unenforceable, then that provision will be severed from these Terms and not affect the validity and enforceability of any remaining provisions.
- These Terms do not create or confer any third-party beneficiary rights.
- We do not waive any right or privilege under these Terms if we decide to not enforce a particular provision.
- We reserve all rights not expressly granted to you.
- You may not transfer any of your rights or obligations under these Terms without our consent.
- The Terms that you have just read make up the entire agreement between you and StickTech Innovations LLC and supersede any prior agreements.
StickTech Innovations LLC and the entire StickText team welcome comments, questions, concerns, or suggestions. Please send us feedback by emailing firstname.lastname@example.org