Terms & Conditions

Terms & Conditions

for Automate Stacks

ACCEPTANCE OF TERMS AND BINDING AGREEMENT

By accessing, interfacing with, or utilizing the Platform (as defined herein), you hereby acknowledge that you have thoroughly reviewed, comprehended, and expressly agree to be legally bound by all provisions, stipulations, and conditions set forth in these Terms of Service (“Agreement”). In the event that you do not consent to all terms enumerated herein, you are expressly prohibited from accessing or utilizing the Platform and must immediately cease all usage and terminate your session.

Any supplementary terms, conditions, policies, technical documentation, or ancillary materials that may be published, deployed, or made available on the Platform from time to time are hereby expressly incorporated by reference into this Agreement. Automate Stacks reserves the unilateral right, exercisable at its sole and absolute discretion, to modify, amend, revise, or update these Terms of Service at any time and for any reason whatsoever, without prior notification.

Automate Stacks shall provide notice of any material modifications by updating the “Last Modified” timestamp of this Agreement. You hereby expressly waive any right to receive individual, direct, or specific notice of each such modification or amendment.

It is your sole obligation and responsibility to periodically review and audit these Terms of Service to remain informed of updates, revisions, and amendments. Your continued access to, utilization of, or engagement with the Platform following the posting date of any revised Terms of Service constitutes your binding acceptance of, and agreement to be governed by, such revisions.

The information, software, services, and digital assets provided through the Platform are not intended for distribution to, or utilization by, any individual or entity in any jurisdiction or territory where such distribution, deployment, or use would contravene applicable law, regulation, or statute, or would subject Automate Stacks to any registration, licensing, or compliance requirement within such jurisdiction or territory.

Accordingly, individuals who elect to access the Platform from jurisdictions outside the designated service area do so on their own initiative and assume sole responsibility for compliance with all applicable local, state, national, and international laws, regulations, and statutes, to the extent such laws are applicable.

INTELLECTUAL PROPERTY RIGHTS AND PROPRIETARY TECHNOLOGY

Unless explicitly indicated otherwise, the Platform constitutes the proprietary property of Automate Stacks, and all source code, application programming interfaces (APIs), databases, backend infrastructure, functionality, software architecture, website design, audiovisual content, text, photographs, graphics, and digital assets on the Platform (collectively, the “Content”), as well as all trademarks, service marks, trade names, logos, and distinctive brand identifiers contained therein (the “Marks”), are owned, controlled, licensed to, or otherwise held by Automate Stacks, and are protected by copyright law, trademark law, patent law, trade secret law, and various other intellectual property rights, proprietary rights, and unfair competition laws of the United States, foreign jurisdictions, and international treaties and conventions.

The Content and the Marks are provided on the Platform on an “AS IS” and “AS AVAILABLE” basis strictly for your informational, non-commercial, and personal use only. Except as expressly authorized in these Terms of Service, no portion of the Platform, and no Content, Marks, software code, algorithms, or proprietary materials may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, reverse-engineered, decompiled, disassembled, or otherwise exploited for any commercial purpose whatsoever, without the express prior written permission and authorization of Automate Stacks.

USER REPRESENTATIONS AND WARRANTIES

By utilizing the Platform, you expressly represent, warrant, and covenant that:

  1. All registration information, account credentials, and profile data you submit shall be true, accurate, current, complete, and not misleading in any respect;
  2. You shall maintain the accuracy and currency of such information and shall promptly update all registration information as necessary to ensure its continued accuracy;
  3. You possess the legal capacity, authority, and competence to enter into and comply with these Terms of Service;
  4. You shall not access or interact with the Platform through automated mechanisms, non-human means, bots, scripts, web crawlers, scrapers, or similar automated tools, whether through robotic process automation (RPA), headless browsers, or otherwise;
  5. You shall not utilize the Platform for any illegal, unlawful, fraudulent, or unauthorized purpose;

Your use of the Platform shall not violate any applicable federal, state, local, or international law, regulation, statute, ordinance, or directive.

PROHIBITED ACTIVITIES AND USAGE RESTRICTIONS

You may not access, interface with, or utilize the Platform for any purpose other than those purposes for which Automate Stacks explicitly makes the Platform available. The Platform may not be employed, integrated, or utilized in connection with any commercial endeavors, business activities, or revenue-generating operations except those that are specifically endorsed, approved, or authorized in writing by Automate Stacks.

As a registered user or visitor of the Platform, you expressly agree not to:

  • Systematically retrieve, extract, scrape, or harvest data, metadata, or other digital content from the Platform to create, compile, aggregate, or assemble, directly or indirectly, any collection, compilation, database, directory, or repository without express written permission from Automate Stacks;
  • Make any unauthorized use of the Platform, including but not limited to collecting usernames, email addresses, or personally identifiable information (PII) of users by electronic or other means for the purpose of transmitting unsolicited communications, or creating user accounts through automated means, false pretenses, or fraudulent misrepresentation;
  • Deploy a purchasing agent, buying agent, or proxy service to conduct transactions on the Platform;
  • Utilize the Platform to advertise, promote, offer for sale, or distribute goods, services, or digital products without authorization;
  • Circumvent, disable, bypass, or otherwise interfere with security-related features, authentication mechanisms, access controls, or technological protection measures of the Platform, including features that prevent or restrict the use, copying, or distribution of any Content or enforce usage limitations on the Platform and/or the Content contained therein;
  • Engage in unauthorized framing, deep-linking, or creating hyperlinks to the Platform in a manner that misrepresents the relationship between your website or application and Automate Stacks;
  • Trick, defraud, phish, or mislead Automate Stacks or other users, particularly in any attempt to obtain sensitive account information such as authentication credentials, API keys, or passwords; make improper use of technical support services or submit false reports of abuse, security vulnerabilities, or misconduct;
  • Engage in any automated interaction with the system, including utilizing scripts, macros, or automated tools to transmit comments, messages, or data submissions, or employing any data mining techniques, web scraping tools, robots, spiders, or similar data gathering, extraction, or harvesting tools;
  • Interfere with, disrupt, compromise, or create an undue burden on the Platform’s infrastructure, servers, networks, bandwidth, or services connected to the Platform, including through denial-of-service (DoS) attacks, distributed denial-of-service (DDoS) attacks, or other malicious activity;
  • Utilize any information, data, or intelligence obtained from the Platform to harass, abuse, stalk, threaten, defame, or harm another individual or entity;
  • Employ the Platform as part of any competitive analysis, benchmarking effort, or initiative to compete with Automate Stacks, or otherwise utilize the Platform and/or the Content for any revenue-generating endeavor, commercial enterprise, or business operation without authorization;
  • Decipher, decompile, disassemble, reverse engineer, or attempt to derive the source code, underlying algorithms, or architectural design of any software, application programming interfaces (APIs), or proprietary technology comprising or constituting any part of the Platform;
  • Attempt to bypass, circumvent, defeat, or disable any access controls, authentication mechanisms, rate limiting measures, geographical restrictions, or security features of the Platform designed to prevent or restrict unauthorized access;
  • Harass, abuse, intimidate, threaten, or harm any employees, contractors, representatives, or agents of Automate Stacks engaged in providing, maintaining, or supporting any portion of the Platform;
  • Remove, alter, obscure, or tamper with any copyright notice, proprietary rights notice, trademark designation, attribution, digital watermark, or other intellectual property notice from any Content;
  • Copy, replicate, adapt, modify, or create derivative works based on the Platform’s software, including but not limited to Flash, PHP, HTML, CSS, JavaScript, TypeScript, Python, Ruby, or any other programming code, markup language, or scripting language;
  • Upload, transmit, inject, or attempt to upload or transmit viruses, worms, Trojan horses, ransomware, malware, spyware, adware, or other malicious code or material, including excessive use of capital letters, spam, or continuous posting of repetitive text, that interferes with any party’s uninterrupted use and enjoyment of the Platform or modifies, impairs, disrupts, alters, degrades, or interferes with the use, features, functions, operation, performance, or maintenance of the Platform;
  • Upload, transmit, deploy, or attempt to upload or transmit any material, code, or mechanism that acts as a passive or active information collection, tracking, or transmission mechanism, including without limitation, clear graphics interchange formats (“GIFs”), 1×1 pixels, web beacons, tracking pixels, cookies (except as permitted by the Privacy Policy), or other similar devices, technologies, or techniques (sometimes referred to as “spyware,” “tracking technologies,” “passive collection mechanisms,” or “PCMs”);
  • Except as may result from standard search engine indexing or Internet browser functionality, use, launch, develop, deploy, or distribute any automated system, including without limitation, any spider, bot, crawler, scraper, cheat utility, exploit, or offline reader that accesses the Platform, or deploy any unauthorized script, macro, or other automated software or tools;
  • Disparage, tarnish, defame, or otherwise harm, in the sole opinion and determination of Automate Stacks, the reputation, goodwill, or business interests of Automate Stacks and/or the Platform;
  • Utilize the Platform in any manner inconsistent, incompatible, or in violation of any applicable federal, state, local, or international laws, regulations, statutes, or directives.

THIRD-PARTY INTEGRATIONS, EXTERNAL LINKS, AND USER CONSENT

The Platform may contain, integrate with, or facilitate transmission of hyperlinks, redirects, or references to third-party websites, applications, or platforms (“Third-Party Websites”), as well as articles, photographs, text, graphics, images, designs, audio, music, sound recordings, video, multimedia content, information, applications, software, APIs, widgets, plugins, and other content or digital assets belonging to, originating from, or controlled by third parties (“Third-Party Content”).

Such Third-Party Websites and Third-Party Content are not investigated, monitored, audited, verified, or reviewed for accuracy, appropriateness, security, completeness, legal compliance, or quality by Automate Stacks. Automate Stacks is not responsible or liable for any Third-Party Websites accessed through the Platform or any Third-Party Content posted on, made available through, embedded within, or installed from the Platform, including without limitation the content, accuracy, functionality, offensiveness, opinions, reliability, security vulnerabilities, privacy practices, data collection practices, terms of service, or other policies of or contained in the Third-Party Websites or the Third-Party Content.

The inclusion of, linking to, integration with, or permitting the use, installation, or deployment of any Third-Party Websites, Third-Party Content, or third-party software does not imply approval, endorsement, recommendation, or verification thereof by Automate Stacks. If you elect to navigate away from the Platform and access Third-Party Websites, or to use, install, integrate, or deploy any Third-Party Content or third-party software, you do so at your own risk and sole discretion, and you acknowledge and agree that these Terms of Service no longer govern your activities or interactions with such third parties.

You should carefully review the applicable terms of service, end user license agreements (EULAs), acceptable use policies, privacy policies, data processing agreements, and data collection practices of any website, application, or platform to which you navigate from the Platform or relating to any applications, plugins, or software you use, install, or deploy from the Platform. Any transactions, purchases, or contractual relationships you establish through Third-Party Websites shall be conducted through other websites, applications, or platforms and with other companies, entities, or individuals, and Automate Stacks assumes no responsibility or liability whatsoever in relation to such transactions, purchases, or relationships, which are exclusively between you and the applicable third party.

You expressly agree and acknowledge that Automate Stacks does not endorse, warrant, guarantee, or assume responsibility for any products, services, software, or digital assets offered, advertised, or distributed on or through Third-Party Websites. You shall defend, indemnify, and hold Automate Stacks harmless from any harm, loss, damage, liability, claim, or demand caused by your procurement, purchase, or use of such products, services, or digital assets. Additionally, you shall hold Automate Stacks harmless from any losses sustained by you or harm caused to you relating to, resulting from, or in any way arising out of any Third-Party Content, Third-Party Websites, or any contact, communication, or interaction with third parties.

Automate Stacks reserves the right to modify, amend, revise, or update this Privacy Policy as deemed necessary, appropriate, or advisable due to legal compliance requirements, regulatory changes, technological advancements, or changes in business practices, operational procedures, or data processing activities. If you have provided Automate Stacks with a valid email address, Automate Stacks will make reasonable efforts to notify you via email to that address of any material changes to how personally identifiable information will be collected, used, processed, stored, or disclosed.

PRIVACY POLICY AND DATA PROTECTION

Automate Stacks is committed to data privacy, information security, and the protection of personally identifiable information. Please thoroughly review the Privacy Policy of Automate Stacks. By utilizing the Platform, you expressly agree to be bound by the Privacy Policy, which is incorporated by reference into these Terms of Service. Please be advised that the Platform is hosted, operated, and maintained on servers located in the United States of America.

If you access the Platform from the European Union, European Economic Area, United Kingdom, Asia-Pacific region, or any other jurisdiction or territory with laws, regulations, directives, or other requirements governing personal data collection, processing, usage, transfer, or disclosure that differ from applicable laws in the United States, then through your continued access to and use of the Platform, you are expressly transferring your personal data, information, and digital assets to the United States, and you expressly consent to have your data transferred to, processed in, stored in, and handled within the United States in accordance with applicable U.S. federal and state laws.

Furthermore, Automate Stacks does not knowingly accept, request, solicit, collect, or process information from minors or individuals under the age of majority, nor does Automate Stacks knowingly market to children. Therefore, in accordance with the U.S. Children’s Online Privacy Protection Act (COPPA), if Automate Stacks receives actual knowledge that any individual under the age of thirteen (13) has provided personal information, personally identifiable information (PII), or any other data to Automate Stacks without the requisite and verifiable parental consent, Automate Stacks will expeditiously delete, purge, or anonymize that information from the Platform and all associated systems as quickly as is reasonably practicable.

DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE AND INTELLECTUAL PROPERTY INFRINGEMENT POLICY

Automate Stacks respects and upholds the intellectual property rights of others and expects users to do the same. If you believe in good faith that any material, content, software, or digital assets available on or through the Platform infringes upon any copyright, trademark, patent, trade secret, or other intellectual property right that you own or control, please immediately notify the Designated Copyright Agent of Automate Stacks using the contact information provided below.

A copy of your DMCA Notification will be transmitted to the individual or entity who posted, uploaded, or stored the allegedly infringing material addressed in the Notification. Please be advised that pursuant to federal law, specifically 17 U.S.C. § 512(f), you may be held liable for damages, including costs and attorneys’ fees, if you knowingly materially misrepresent that material or activity is infringing. Therefore, if you are not certain that material located on, linked to, or accessible through the Platform infringes your copyright or other intellectual property rights, you should consider first consulting with a qualified intellectual property attorney before filing a DMCA Notification.

All DMCA Notifications must meet the statutory requirements of the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(3), and must include the following information:

  • A physical or electronic signature of an individual authorized to act on behalf of the owner of an exclusive copyright or intellectual property right that is allegedly infringed;
  • Identification of the copyrighted work, trademark, patent, or other intellectual property claimed to have been infringed, or, if multiple copyrighted works or intellectual property assets on the Platform are covered by a single Notification, a representative list of such works or assets on the Platform;
  • Identification and specific location of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed, disabled, or to which access is to be restricted, including information reasonably sufficient to permit Automate Stacks to locate the material, such as specific URL(s), file paths, or other identifiers;
  • Information reasonably sufficient to permit Automate Stacks to contact the complaining party, such as a physical mailing address, telephone number, and, if available, an email address at which the complaining party may be contacted;
  • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, trademark owner, intellectual property rights holder, their authorized agent, or applicable law;
  • A statement, made under penalty of perjury under the laws of the United States of America, that the information provided in the Notification is accurate and that the complaining party is authorized to act on behalf of the owner of an exclusive copyright, trademark, patent, or other intellectual property right that is allegedly infringed.

PLATFORM MODIFICATIONS, INTERRUPTIONS, AND SERVICE AVAILABILITY

Automate Stacks reserves the unilateral right to change, modify, update, upgrade, enhance, remove, discontinue, or alter the contents, features, functionality, design, user interface, software architecture, or technical specifications of the Platform at any time and for any reason at its sole and absolute discretion, without prior notice or liability. However, Automate Stacks has no obligation whatsoever to update, maintain, or refresh any information, content, software, or digital assets on the Platform. Automate Stacks also reserves the right to modify, suspend, discontinue, or terminate all or any part of the Platform, including specific features, functionality, APIs, or services, without advance notice and at any time.

Automate Stacks shall not be liable or responsible to you or any third party for any modification, alteration, price change, feature removal, suspension, interruption, or discontinuance of the Platform or any portion thereof.

Automate Stacks cannot guarantee, warrant, or ensure that the Platform will be available, accessible, or operational at all times or without interruption. Automate Stacks may experience hardware failures, software bugs, server outages, network connectivity issues, database errors, third-party service disruptions, cybersecurity incidents, or may need to perform scheduled or emergency maintenance, updates, patches, or upgrades related to the Platform, resulting in interruptions, delays, errors, downtime, or degraded performance.

Automate Stacks reserves the right to change, revise, update, suspend, discontinue, or otherwise modify the Platform, its infrastructure, hosting environment, or technical architecture at any time and for any reason without providing advance notice to you. You expressly agree that Automate Stacks has no liability, responsibility, or obligation whatsoever for any loss, damage, data loss, business interruption, lost profits, or inconvenience caused by your inability to access, utilize, or interact with the Platform during any period of downtime, maintenance, discontinuance, suspension, or termination of the Platform.

Nothing in these Terms of Service shall be construed to obligate, require, or compel Automate Stacks to maintain, support, update, patch, or continue operating the Platform, or to supply any corrections, bug fixes, security patches, updates, upgrades, new releases, or technical support in connection therewith.

CORRECTIONS AND TECHNICAL ACCURACY

There may be information, content, data, technical specifications, documentation, or materials on the Platform that contain typographical errors, inaccuracies, technical mistakes, outdated information, or omissions that may relate to the Platform, including but not limited to product descriptions, service descriptions, pricing information, availability data, technical specifications, system requirements, and various other information or documentation. Automate Stacks reserves the right to correct, rectify, update, or amend any errors, inaccuracies, technical mistakes, or omissions, and to change, modify, or update the information, content, data, or materials on the Platform at any time and for any reason, without prior notice or liability.

DISCLAIMER OF WARRANTIES

THE PLATFORM IS PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS WITHOUT ANY WARRANTIES, REPRESENTATIONS, OR GUARANTEES OF ANY KIND. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR ACCESS TO AND USE OF THE PLATFORM AND ALL SERVICES, SOFTWARE, CONTENT, AND DIGITAL ASSETS PROVIDED THROUGH THE PLATFORM SHALL BE AT YOUR SOLE AND EXCLUSIVE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AUTOMATE STACKS DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, IN CONNECTION WITH THE PLATFORM AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, TITLE, QUALITY, ACCURACY, RELIABILITY, AND QUIET ENJOYMENT.

AUTOMATE STACKS MAKES NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, CURRENTNESS, TIMELINESS, QUALITY, OR SUITABILITY OF THE PLATFORM’S CONTENT, SOFTWARE, FUNCTIONALITY, OR TECHNICAL PERFORMANCE, OR THE CONTENT OF ANY WEBSITES, APPLICATIONS, OR PLATFORMS LINKED TO OR INTEGRATED WITH THE PLATFORM. AUTOMATE STACKS ASSUMES NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR ANY:

(1) ERRORS, MISTAKES, BUGS, DEFECTS, OR INACCURACIES OF CONTENT, DATA, SOFTWARE, OR MATERIALS;

(2) PERSONAL INJURY, BODILY HARM, PROPERTY DAMAGE, DATA LOSS, FINANCIAL LOSS, OR CONSEQUENTIAL DAMAGES OF ANY NATURE WHATSOEVER RESULTING FROM YOUR ACCESS TO, USE OF, OR RELIANCE UPON THE PLATFORM;

(3) ANY UNAUTHORIZED ACCESS TO, BREACH OF, OR USE OF AUTOMATE STACKS’ SECURE SERVERS, DATABASES, CLOUD INFRASTRUCTURE, AND/OR ANY AND ALL PERSONALLY IDENTIFIABLE INFORMATION (PII), FINANCIAL INFORMATION, PAYMENT CARD DATA, AUTHENTICATION CREDENTIALS, OR CONFIDENTIAL DATA STORED THEREIN;

(4) ANY INTERRUPTION, SUSPENSION, CESSATION, OR DEGRADATION OF TRANSMISSION TO OR FROM THE PLATFORM, INCLUDING NETWORK OUTAGES, SERVER DOWNTIME, OR SERVICE DISRUPTIONS;

(5) ANY BUGS, VIRUSES, TROJAN HORSES, WORMS, RANSOMWARE, MALWARE, SPYWARE, LOGIC BOMBS, TIME BOMBS, OR OTHER MALICIOUS CODE WHICH MAY BE TRANSMITTED TO, THROUGH, OR FROM THE PLATFORM BY ANY THIRD PARTY;

(6) ANY ERRORS, OMISSIONS, DEFICIENCIES, OR DEFECTS IN ANY CONTENT, SOFTWARE, DOCUMENTATION, OR MATERIALS, OR FOR ANY LOSS, DAMAGE, DATA CORRUPTION, OR HARM OF ANY KIND INCURRED AS A RESULT OF THE USE OF, RELIANCE UPON, OR INTERACTION WITH ANY CONTENT, SOFTWARE, OR SERVICES POSTED, TRANSMITTED, DEPLOYED, OR OTHERWISE MADE AVAILABLE VIA THE PLATFORM.

AUTOMATE STACKS DOES NOT WARRANT, ENDORSE, GUARANTEE, CERTIFY, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT, SERVICE, SOFTWARE, OR DIGITAL ASSET ADVERTISED, PROMOTED, OR OFFERED BY ANY THIRD PARTY THROUGH THE PLATFORM, ANY HYPERLINKED WEBSITE, APPLICATION, OR ANY WEBSITE, MOBILE APPLICATION, OR DIGITAL PLATFORM FEATURED IN ANY BANNER ADVERTISEMENT OR OTHER ADVERTISING. AUTOMATE STACKS SHALL NOT BE A PARTY TO, AND SHALL NOT BE RESPONSIBLE FOR MONITORING, OVERSEEING, OR FACILITATING ANY TRANSACTION, COMMUNICATION, OR INTERACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS, SERVICES, OR DIGITAL ASSETS.

AS WITH THE PROCUREMENT, PURCHASE, OR ACQUISITION OF ANY PRODUCT, SERVICE, OR DIGITAL ASSET THROUGH ANY MEDIUM, CHANNEL, OR ENVIRONMENT, YOU SHOULD EXERCISE DUE DILIGENCE, USE YOUR BEST JUDGMENT, AND EXERCISE APPROPRIATE CAUTION.

INDEMNIFICATION AND HOLD HARMLESS PROVISION

You expressly agree to defend, indemnify, hold harmless, and exonerate Automate Stacks, including its parent company, subsidiaries, affiliated entities, successors, assigns, and all respective officers, directors, employees, contractors, agents, partners, shareholders, representatives, licensors, and service providers (collectively, the “Indemnified Parties”), from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, expenses, or demands of any kind or nature whatsoever, including reasonable attorneys’ fees, legal expenses, expert witness fees, court costs, and litigation expenses, made by any third party due to, arising out of, relating to, or in connection with:

(1) Your user-generated content, submissions, contributions, posts, uploads, or transmissions to the Platform;

(2) Your access to, use of, or interaction with the Platform, including any data, information, or content you transmit, submit, or make available through the Platform;

(3) Your breach, violation, or non-compliance with any provision of these Terms of Service;

(4) Any breach, violation, or inaccuracy of your representations, warranties, covenants, or agreements set forth in these Terms of Service;

(5) Your violation, infringement, or misappropriation of the rights of any third party, including but not limited to intellectual property rights, proprietary rights, privacy rights, publicity rights, or contractual rights;

(6) Any overt harmful, tortious, defamatory, fraudulent, or illegal act toward any other user, visitor, or individual with whom you connected, communicated, or interacted via the Platform.

Notwithstanding the foregoing indemnification obligations, Automate Stacks reserves the right, at your sole expense, to assume the exclusive defense, control, and settlement of any matter, claim, action, or proceeding for which you are required to indemnify the Indemnified Parties. You agree to cooperate fully, at your own expense, with the defense of such claims, actions, or proceedings. Automate Stacks will use commercially reasonable efforts to notify you of any such claim, action, lawsuit, or proceeding that is subject to this indemnification provision upon becoming aware of it.

USER DATA MANAGEMENT AND DATA INTEGRITY

Automate Stacks will maintain, store, and process certain data, information, files, content, and metadata that you transmit, upload, or submit to the Platform for the purpose of managing, operating, and providing the Platform and its services, as well as data, analytics, and usage information relating to your access to and use of the Platform. Although Automate Stacks performs regular, routine backups of data and implements industry-standard data redundancy and disaster recovery procedures, you acknowledge and agree that you are solely and exclusively responsible for all data, information, files, content, and digital assets that you transmit, upload, submit, or make available through the Platform, or that relate to any activity, transaction, or operation you have undertaken using the Platform.

You expressly agree and acknowledge that Automate Stacks shall have no liability, responsibility, or obligation to you for any loss, corruption, deletion, alteration, unauthorized access, breach, or compromise of any such data, information, files, or content. You hereby irrevocably waive any right of action, claim, or cause of action against Automate Stacks arising from, relating to, or in connection with any such loss, corruption, deletion, alteration, unauthorized access, breach, or compromise of such data, information, files, or content.

ELECTRONIC COMMUNICATIONS, DIGITAL TRANSACTIONS, AND ELECTRONIC SIGNATURES

Visiting, accessing, or utilizing the Platform, transmitting emails or electronic messages to Automate Stacks, and completing online forms, registration processes, or submission interfaces constitute electronic communications within the meaning of applicable electronic transaction laws. You hereby consent to receive electronic communications, digital notifications, and automated messages from Automate Stacks. You expressly agree that all agreements, notices, disclosures, terms of service, privacy policies, legal notifications, and other communications that Automate Stacks provides to you electronically, via email, through the Platform interface, or by other electronic means, satisfy any legal, statutory, or regulatory requirement that such communication be provided in writing or in a tangible, physical format.

YOU HEREBY EXPRESSLY AGREE TO THE USE OF ELECTRONIC SIGNATURES, DIGITAL SIGNATURES, ELECTRONIC CONTRACTS, DIGITAL AGREEMENTS, ELECTRONIC ORDERS, PURCHASE ORDERS, AND OTHER ELECTRONIC RECORDS, AND TO THE ELECTRONIC DELIVERY OF NOTICES, POLICIES, DISCLOSURES, TERMS OF SERVICE, AND RECORDS OF TRANSACTIONS INITIATED, EXECUTED, OR COMPLETED BY AUTOMATE STACKS OR VIA THE PLATFORM.

You hereby irrevocably waive any rights, claims, or requirements under any federal, state, local, or international statutes, regulations, rules, ordinances, directives, or other laws in any jurisdiction which require an original handwritten signature, delivery or retention of non-electronic records, physical documentation, or paper-based communications, or which require payments or the granting of credits by any means other than electronic means.

MISCELLANEOUS PROVISIONS AND GENERAL TERMS

These Terms of Service, together with any policies, guidelines, technical documentation, or operating rules published by Automate Stacks on the Platform or incorporated by reference herein, constitute the entire agreement, understanding, and contract between you and Automate Stacks with respect to your access to and use of the Platform, and supersede all prior or contemporaneous agreements, understandings, negotiations, representations, warranties, or communications, whether written or oral, between you and Automate Stacks regarding the subject matter hereof.

The failure of Automate Stacks to exercise, enforce, or assert any right, remedy, or provision of these Terms of Service shall not operate as, and shall not be construed or interpreted as, a waiver of such right, remedy, or provision, nor shall such failure preclude the subsequent exercise or enforcement of such right, remedy, or provision or any other right, remedy, or provision herein.

These Terms of Service operate and shall be enforceable to the fullest extent permissible by applicable law. Automate Stacks may assign, transfer, delegate, or sublicense any or all of its rights, obligations, duties, or responsibilities under these Terms of Service to any other individual, entity, successor, or assign at any time, in its sole discretion, without prior notice or consent. Automate Stacks shall not be held responsible, liable, or accountable for any loss, damage, delay, interruption, or failure to perform caused by any cause, event, or circumstance beyond the reasonable control of Automate Stacks, including but not limited to acts of God, natural disasters, wars, terrorism, civil unrest, labor disputes, government actions, or third-party service failures (force majeure).

If any provision, clause, term, or part of a provision of these Terms of Service is determined by a court of competent jurisdiction, arbitration panel, or other adjudicative body to be unlawful, void, invalid, or unenforceable under applicable law, that provision, clause, term, or part of the provision shall be deemed severable from these Terms of Service and shall not affect, impair, or invalidate the validity, legality, or enforceability of any remaining provisions, clauses, or terms of these Terms of Service, which shall remain in full force and effect.

There is no joint venture, partnership, employment relationship, agency relationship, fiduciary relationship, or any other special relationship created between you and Automate Stacks as a result of these Terms of Service or your use of the Platform. You expressly agree that these Terms of Service shall not be construed or interpreted against Automate Stacks by virtue of Automate Stacks having drafted, prepared, or presented them.

You hereby irrevocably waive any and all defenses, claims, objections, or challenges you may have or assert based on the electronic form, digital format, or electronic transmission of these Terms of Service, or based on the lack of a handwritten signature or physical signing by the parties hereto in executing, accepting, or agreeing to these Terms of Service.