Terms of Use
Effective
These terms govern your use of surfstack.co (the “Site”), operated by Surfstack LLC, a Texas limited liability company (“Surfstack,” “we,” “us”). By using the Site you agree to them. If you do not agree, please do not use the Site.
Our apps have their own terms
Needlist is governed by its own terms of service, which control for that app: Needlist Terms of Service. Cadence is a work in progress and will publish its own terms before it is released; until then, the Early access section below applies.
Information only
The Site describes our company, products and services for general information. It is not an offer, and nothing on it creates a client, partnership or agency relationship. Product details, platforms and launch timing may change without notice.
Consulting and training
We perform consulting, development and training work only under a separate written agreement signed by Surfstack. That agreement, not these terms, governs the work.
Early access
Early access to an app, including Cadence, is offered at our discretion and may change or end at any time. Beta software is pre-release, may contain errors and may lose data, so keep your own copy of anything important. Until that app publishes final terms, your use of the beta is governed by these terms, and the Disclaimers, Limitation of liability, Indemnity and Governing law and venue sections apply to it as if it were part of the Site.
Intellectual property
The Site and its content, including the Surfstack, Needlist and Cadence names and logos, app screenshots, text and design, belong to Surfstack LLC or its licensors and are protected by law. You may view the Site and share links to it. Any other use, including copying, modifying or republishing content, requires our written permission.
Feedback
If you send us ideas or feedback, you agree we may use them without restriction or compensation to you, and without any obligation to keep them confidential.
Acceptable use
Do not misuse the Site. That includes attempting unauthorized access, interfering with its operation, overloading it, scraping it at scale, or using it to break any law.
Third-party links and trademarks
Links to other sites are provided for convenience; we are not responsible for their content or practices. Apple and iPhone are trademarks of Apple Inc., registered in the U.S. and other countries. Android is a trademark of Google LLC. Other names may be trademarks of their owners. Their mention does not imply endorsement. Device frames on the Site are illustrations. App screens on the Site show sample data; names and content are fictional.
Disclaimers
THE SITE AND ANY BETA OR EARLY ACCESS WE PROVIDE ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, TO THE FULLEST EXTENT THE LAW ALLOWS.
Limitation of liability
TO THE FULLEST EXTENT THE LAW ALLOWS, SURFSTACK LLC AND ITS MEMBERS, EMPLOYEES AND CONTRACTORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, DATA OR GOODWILL, ARISING FROM YOUR USE OF THE SITE OR ANY BETA OR EARLY ACCESS WE PROVIDE. OUR TOTAL LIABILITY FOR ANY CLAIM RELATING TO THEM WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS. Some jurisdictions do not allow these limits, so they may not apply to you.
Indemnity
You agree to indemnify and hold Surfstack LLC harmless from claims, losses and expenses, including reasonable attorneys’ fees, arising from your misuse of the Site or your breach of these terms.
Governing law and venue
These terms are governed by the laws of the State of Texas, without regard to conflict-of-laws rules. Any dispute relating to the Site will be brought exclusively in the state or federal courts located in Harris County, Texas, and you consent to their jurisdiction.
What these terms do not limit
Nothing in these terms limits liability that cannot be limited by law, such as for fraud or for death or personal injury caused by negligence. If you are a consumer in the EU, UK or another place whose law gives you mandatory protections, those protections still apply, and you may bring a claim in the courts where you live.
General
These terms are the entire agreement between you and us about the Site. If any part is found unenforceable, the rest stays in effect. Our not enforcing a term is not a waiver. You may not assign these terms; we may assign them in a merger, acquisition or sale of assets. Sections that by their nature should survive, including Intellectual property, Disclaimers, Limitation of liability, Indemnity and Governing law and venue, survive.
Changes
We may update these terms by posting a new version here with a new effective date. Continuing to use the Site after a change means you accept it.
Contact
Email hello@surfstack.co, or write to Surfstack LLC, 17350 State Hwy 249, Ste 220 #37135, Houston, TX 77064.