This Software License Agreement (this “Agreement”) is a binding agreement between eStack LLC, a Washington limited liability company with offices at 2120 1st Avenue N Unit B-6, Seattle, WA 98109 (“Licensor,” “eStack,” “we,” or “us”) and the person or entity identified during account registration or on the applicable online order/subscription form (“Order Form”) (“Licensee,” “you,” or “your”). By checking “Accept,” creating an account, or accessing the Software, you agree to this Agreement.
IF YOU DO NOT AGREE TO THIS AGREEMENT, DO NOT ACCESS OR USE THE SOFTWARE OR DOCUMENTATION.
1. Definitions
“Software” means eStack’s hosted SaaS platform, including web and mobile interfaces.
“Order Form” means the online subscription or plan selection identifying fees and entitlements.
“Subscription Plan” means the tier, term, and entitlements selected by Licensee.
Other capitalized terms have the meanings set forth in this Agreement.
2. License Grant
Subject to payment of applicable fees and compliance with this Agreement, Licensor grants Licensee a non-exclusive, non-transferable right during the Subscription Plan term to access and use the Software solely for Licensee’s internal business purposes in accordance with the Documentation.
3. Restrictions
Licensee shall not: (a) copy, modify, or create derivative works; (b) reverse engineer; (c) use the Software to build a competing service; (d) share credentials outside Authorized Users; (e) use for high-risk activities (life support, nuclear, aviation, etc.); or (f) violate law.
4. Fees; Taxes; Refunds
Fees are payable in advance unless otherwise stated. Licensee is responsible for all taxes except Licensor’s income tax.
Pro-Rated Refunds: If Licensee cancels before the end of a billing cycle, Licensor will refund prepaid Fees on a pro-rated basis for the unused portion, excluding one-time setup fees or incurred overage charges.
5. Customer Data; Privacy
Licensee owns all Customer Data. Licensor processes Customer Data only to provide the Software, support, and as described in the Privacy Policy. Licensee consents to such processing.
6. Support and Updates
Licensor provides standard support and may deploy updates automatically. Updates are deemed part of the Software.
7. Term; Termination
Either party may terminate for uncured material breach with 14 days’ notice, or immediately for insolvency. Upon termination, Licensee must cease using the Software. Customer Data export is available for 30 days.
8. Warranty Disclaimer
The Software is provided “AS IS” without warranties of any kind.
9. Limitation of Liability
Neither party is liable for indirect, incidental, or consequential damages. Aggregate liability will not exceed fees paid in the 12 months preceding the claim, except for payment obligations, breach of restrictions, or willful misconduct.
10. Governing Law; Arbitration
This Agreement is governed by Washington law. Any dispute shall be resolved by binding arbitration in Seattle, WA, administered by the American Arbitration Association, except either party may seek injunctive relief in court.
11. Miscellaneous
This Agreement, together with the Order Form, Terms of Service, and Privacy Policy, constitutes the entire agreement. No assignment by Licensee without consent.
12. Contact
eStack LLC
2120 1st Avenue N Unit B-6
Seattle, WA 98109
Last Updated: 9/10/2025