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Terms of Use

Welcome to Stackingo (the “Platform”). Stackingo (“Stackingo”, “we”, “our”, or “us”) is a brand owned and operated by DataLunix. These Terms of Use (“Terms”) govern your access to and use of the Stackingo website, marketplace, and related services (collectively, the “Services”).

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By accessing or using the Platform, you agree to be bound by these Terms. If you do not agree, you must not use the Platform.

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1. Definitions

  • “Platform” – The Stackingo marketplace website and any related portals, applications, or services.

  • “User”, “you”, “your” – Any individual or entity that accesses or uses the Platform, including buyers and browsing visitors.

  • “Customer” – A User that purchases one or more software licenses through the Platform.

  • “Publisher” – A software vendor or publisher whose products are listed on the Platform.

  • “Partner” – An implementation or consulting partner that may provide professional services related to purchased software.

  • “Licenses” – Software licenses or subscriptions purchased through the Platform.

  • “DataLunix” – The legal entity operating Stackingo and owning the Stackingo brand.
     

2. Scope of Services

2.1 Marketplace Role
Stackingo operates as a B2B software‑license marketplace, listing multiple enterprise‑grade software products (such as ITSM, CRM, ERP and related tools) offered by various Publishers. Licenses are sold by Stackingo to Customers, and in some cases implementation or professional services may be delivered by Stackingo or by third‑party Partners.

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2.2 No Legal or Professional Advice
Information provided on the Platform, including product descriptions, comparisons, or recommendations, is for general informational purposes only and should not be considered legal, financial, or professional advice.

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2.3 Modifications to the Services
We may update, enhance, or discontinue any part of the Platform or Services at any time, with or without notice, provided such changes do not materially impact your existing paid Licenses without an appropriate remedy.

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3. Eligibility and Account Registration

3.1 Business Use Only
The Platform is intended for business and professional use only. By using the Platform, you represent and warrant that you are acting on behalf of a business or organization and have the authority to bind that entity to these Terms.

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3.2 Account Creation
To purchase Licenses or access certain features, you may be required to create an account and provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your credentials and for all activities that occur under your account.

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3.3 Account Suspension or Termination
We reserve the right to suspend or terminate your account or access to the Platform if we reasonably believe that you have violated these Terms, applicable laws, or engaged in fraudulent or abusive behavior.

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4. Orders, Pricing, and Payment

4.1 Ordering Licenses
When you place an order for Licenses through the Platform, you are making an offer to purchase those Licenses under the terms and conditions presented at checkout. We may accept or reject orders at our discretion, for example in cases of pricing errors, product unavailability, or compliance restrictions.

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4.2 Pricing and Discounts
The Platform may offer discounted or promotional pricing for software Licenses compared to standard Publisher rates. All prices and discounts displayed are subject to change at any time before order confirmation.

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4.3 Taxes
Except where expressly stated otherwise, prices may be exclusive of any applicable taxes, duties, or governmental charges. You are responsible for paying all such amounts associated with your purchases.

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4.4 Payment Terms
Payment terms (including due dates, accepted methods, and invoicing) will be specified at checkout or in a separate commercial agreement. You agree to pay all fees in accordance with the agreed payment plan.

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4.5 Non‑Payment
If you fail to pay any amount due, we may suspend or terminate access to the corresponding Licenses and may charge applicable late fees or interest as permitted by law and contract.

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5. License Terms and Use of Software

5.1 Publisher License Agreements
Each software product listed on the Platform is governed by its own Publisher End User License Agreement (EULA) or Subscription Agreement. By purchasing and using a License, you agree to be bound by the applicable Publisher’s terms in addition to these Terms.

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5.2 License Grant
Subject to your payment of applicable fees and ongoing compliance, Stackingo (or the Publisher, as applicable) grants you a limited, non‑exclusive, non‑transferable right to use the Licenses for your internal business purposes, in line with the relevant EULA.

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5.3 Prohibited Uses
Unless expressly permitted under the Publisher’s terms, you must not:

  • Resell, sublicense, or distribute the software to third parties.

  • Reverse engineer, decompile, or attempt to access source code.

  • Circumvent technical restrictions or license limitations.

  • Use the software in violation of applicable laws or third‑party rights.
     

5.4 Implementation and Professional Services
Implementation and related services may be provided by Stackingo or by authorized Partners. Such services may be subject to additional Statements of Work, service agreements, or Partner terms. In case of conflict between service‑specific terms and these Terms, the service‑specific terms usually prevail for that engagement.

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6. Refunds, Cancellations, and Changes

6.1 Refund and Cancellation Policy
Any refund, cancellation, or modification rights for Licenses will be described at the time of purchase or in your commercial agreement. Because many Licenses are digital and provisioned immediately, refunds may be limited or not available except where required by law or by the Publisher’s policy.

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6.2 Upgrades, Downgrades, and Renewals
Options to upgrade, downgrade, or adjust License quantities depend on the software product and the Publisher’s rules. We will work with you and the Publisher to implement changes where feasible, and corresponding fees or credits will apply.

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6.3 Termination for Breach
We or the Publisher may terminate your License(s) if you materially breach these Terms or the relevant EULA and fail to cure such breach within a reasonable period after notice.

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7. User Conduct and Acceptable Use

You agree not to use the Platform or Services to:

  • Engage in unlawful, fraudulent, or deceptive activities.

  • Upload or transmit malware, viruses, or harmful code.

  • Attempt to gain unauthorized access to our systems, other accounts, or data.

  • Interfere with or disrupt the integrity or performance of the Platform.

  • Infringe any intellectual property or other proprietary rights.

We may monitor activity as necessary to maintain the security and integrity of the Platform.

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8. Intellectual Property

8.1 Ownership of the Platform
All content, design, text, graphics, logos, and underlying technology of the Platform are owned or licensed by DataLunix and/or its licensors and are protected by intellectual‑property laws.

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8.2 Publisher IP
Software products, trademarks, and branding of Publishers remain the exclusive property of their respective owners. Your License grants you rights of use only; it does not transfer any ownership.

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8.3 License to Feedback
If you provide feedback, suggestions, or ideas about the Platform or Services, you grant us a non‑exclusive, worldwide, royalty‑free license to use such feedback for improvement and development without obligation to you.

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9. Third‑Party Links, Content, and Services

The Platform may contain links to third‑party websites, portals, or services operated by Publishers or Partners. These are provided for convenience only. We do not control and are not responsible for:

  • The content or accuracy of third‑party sites.

  • Any third‑party terms, privacy policies, or practices.

Your use of such third‑party resources is at your own risk.

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10. Privacy

Your use of the Platform is also governed by our Privacy Policy, which explains how we collect, use, and protect your personal data. By using the Platform, you acknowledge that you have read and understood our Privacy Policy.

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11. Disclaimers

11.1 “As‑Is” Basis
Except as expressly stated in a written agreement, the Platform and Services are provided on an “as‑is” and “as‑available” basis without warranties of any kind, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, and non‑infringement.

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11.2 No Guarantee of Outcomes
We do not guarantee that use of any software License will achieve specific business results, performance metrics, or cost savings. Performance is dependent on your configuration, use, and broader IT environment.

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11.3 Availability
We strive to keep the Platform available and secure but do not guarantee uninterrupted or error‑free operation. Access may be suspended temporarily for maintenance, upgrades, or events beyond our reasonable control.

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12. Limitation of Liability

To the maximum extent permitted by law:

  • We are not liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, revenue, data, or business opportunities, arising from or related to your use of the Platform or Licenses.

  • Our total aggregate liability for any claims arising under these Terms will be limited to the total amount paid by you to Stackingo for the specific License or Service giving rise to the claim during the twelve (12) months preceding the event.

Some jurisdictions do not allow certain limitations of liability, so some of the above limitations may not apply to you.

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13. Indemnification

You agree to indemnify, defend, and hold harmless Stackingo, DataLunix, our officers, employees, and agents from and against any claims, damages, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to:

  • Your use or misuse of the Platform or Licenses.

  • Your violation of these Terms or applicable laws.

  • Your infringement of any third‑party rights.
     

14. Governing Law and Dispute Resolution

These Terms and any dispute or claim arising out of or in connection with them shall be governed by and construed in accordance with the laws of the jurisdiction in which DataLunix is incorporated, without regard to conflict of law principles, unless otherwise agreed in a separate written contract.

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Any disputes will be subject to the exclusive jurisdiction of the courts of that jurisdiction, unless mandatory law provides otherwise.

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15. Changes to These Terms

We may modify or update these Terms from time to time. When we do, we will post the revised Terms on the Platform with an updated “Last Updated” date. Your continued use of the Platform after changes become effective will constitute your acceptance of the revised Terms. If you do not agree to the changes, you must stop using the Platform.
 

16. Contact Us

If you have any questions or concerns about these Terms or the Platform, please contact us:

Stackingo (a brand of DataLunix)
Website: https://www.datalunix.com
Email: info@datalunix.com
 

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