Terms and Conditions

Introduction

Thank you for visiting the websites and associated domains of stellisoft.com (collectively, the “Sites”). Stellify is an integrated development platform that can be used to build and maintain powerful web applications. It was developed by Stellify Software Ltd. and is protected under copyright law.

These Terms of Service (“Terms'') govern your access to and use of the Sites and Platform.

Subject to these Terms and during your Subscription Term (defined below), you may access and use Stellify Software’s software-as-a-service platform (Stellify) and the related services (e.g., hosting) that you access or subscribe to (collectively, the “Platform” or Stellify Platform”) on a free, trial, or paid basis, as applicable.

Your Account

The Platform is available only for individuals aged 13 years or older or the digital age of consent in your country, if older. If you are age 13 or older but under the age of 18, or the legal age of majority where you reside (if that jurisdiction has an older age of majority), then you agree to review these Terms with your parent or guardian to make sure that both you and your parent or guardian understand these Terms and you agree to have your parent or guardian review and accept these Terms on your behalf. If you are a parent or guardian and are agreeing to these Terms for the benefit of a child over the age of 13 (or the digital age of consent in your country, if older), then you agree to accept full responsibility for that child’s use of the Platform, including all financial charges and legal liability that they may incur. We may, in our sole discretion, refuse to offer the Platform to any person or entity and change the eligibility criteria for using the Platform at any time. The right to access the Platform is revoked where the Agreement or use of the Platform is prohibited or to the extent any offer, sale, or provision of the Platform conflicts with any applicable law, rule, or regulation.

To access and use the Platform, you must register for an account with Stellify (“Account”). To complete your Account registration, you agree to provide us with complete and accurate information and to keep that information current so that we can communicate with you about your Account. We may need to send you notices about important updates (like changes to these Terms or our Privacy Policy), or to inform you of legal inquiries we receive about your use of the Platform so you can make informed choices in response. We encourage you to provide your own (or your company’s) contact and billing details, including your valid, current email address, as we may use it to identify and determine the actual and true owner of the Account and/or Website Content (as defined below). Stellify Software Ltd. reserves the right to reclaim usernames on behalf of businesses or individuals that hold legal claim or trademark to those usernames.

Your Website Content

If you have a Stellify Account, the Platform may enable you to, among other things, publish or upload content to the Internet. Any content you submit, post, display, or otherwise make available on or via the Platform, including all Intellectual Property Rights (defined below) therein, is referred to as your “Website Content.” For the avoidance of doubt, Website Content includes any text, images, or data. Unless otherwise specified in the Agreement and to the maximum extent permitted by law, you agree to be fully responsible for the Website Content that you create or submit to the Platform and you further agree not to use the Platform to create or submit any Website Content that does not comply with the Agreement including but not limited to Stellify's Acceptable Use Policy.

For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights, and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals, and extensions thereof, under the laws of any state, country, territory, or other jurisdiction.

You retain ownership of your Website Content unless otherwise specified in the Agreement including but not limited to Product Specific Terms (e.g. content generated using generative artificial intelligence products). However, in order to provide the Platform to you we need certain rights from you, as more fully described below.

By using the Platform, you grant Stellify Software Ltd. (including our third party hosting providers acting on our behalf) a non-exclusive, royalty-free, transferable, sub-licensable, worldwide right and license to use, host, store, modify, reproduce, display, distribute, publish, publicly display, publicly perform, and create derivative works (e.g., those resulting from you enabling localization translations and adaptations) of your Website Content for the purposes of providing, improving, testing, promoting, and securing the Platform. You understand and agree that third party individuals may search for, see, use, and/or re-post any Website Content that you make publicly available on the Internet via the Platform at the point it is uploaded to our servers until the point at which it is relocated to a store in your ownership.

If your use of the Platform or any of your Website Content ( 1 ) breaches the terms of this Agreement, including but not limited to the Acceptable Use Policy, or ( 2 ) causes or may cause harm to Stellify Software Ltd., our users, our users End Users or third parties, we reserve the right to limit, remove, archive, or otherwise disable some or all of your Website Content, Account(s), or access to the Platform in our sole discretion. We will use reasonable efforts to notify you prior to taking any such action unless we reasonably believe that doing so would: (a) violate applicable law or a legally binding order from law enforcement; (b) compromise the integrity or operation of the Platform; (c) cause harm to of our customers, our customers’ End Users, third parties, or Stellify Software Ltd.; or (d) otherwise subject Stellify Software Ltd. to potential legal liability.

Your Responsibilities

You represent and warrant that you own or otherwise have obtained and shall maintain all necessary licenses, authorizations, rights, approvals, and permissions necessary to enter into and perform your obligations or exercise your rights hereunder, including without limitation the rights to display your Website Content in the manner set forth in this Agreement. You represent and warrant that your Website Content, and any use of your Website Content by Stellify Software Ltd. as authorized under this Agreement, will not infringe, misappropriate, or otherwise violate the Intellectual Property Rights or other rights of any third party.

You represent and warrant that your use of the Platform, including your Website Content, shall comply with all applicable laws, rules, and regulations, including without limitation applicable privacy and data protection laws and applicable export or import controls, regulations, and sanctions.

You represent and warrant that your use of the Platform, including any Website Content you create or publish via the Platform shall comply with our Acceptable Use Policy. Without limiting the foregoing, you understand and agree that, without Stellify Software's prior written consent, you do not have the right to sublicense or resell access to the Platform.

For the purposes of this Agreement, Stellify Software Ltd. is acting as a service provider to you, and you are a Customer of the Platform, regardless of whether you pay any Fees to use the Platform. Any natural persons accessing or using your Website Content are deemed your “End Users.” You agree that Stellify Software Ltd. does not have a direct relationship with any of your End Users and Stellify Software Ltd. is not responsible for how you process or otherwise handle any End User information. You acknowledge and agree that you are solely responsible for ( 1 ) providing any required notices and ( 2 ) obtaining all End User consents required under applicable laws.

Ownership

Except for your Website Content, all materials on or inherent to the Platform, including integrations with other applications and services, the Platform itself, and all Intellectual Property Rights contained therein or related thereto, including text, graphics, user and visual interfaces, photographs, trademarks, logos, sounds, music, artwork, applications, computer code and associated documentation (collectively, Stellify Software Ltd. IP”), including but not limited to the design, structure, arrangement, and “look and feel” of Stellify Software Ltd. IP, is owned by or licensed to us and our licensors and is protected by copyright, trademark, and other Intellectual Property Rights and laws.

Other than as provided herein, Stellify Software Ltd. does not grant to you or any user in your account or workspace any license, express or implied, to Stellify Software Ltd. IP. Except as expressly provided in the Agreement, no part of the Platform or Stellify Software Ltd. IP may be copied, reproduced, sold, republished, transmitted, displayed, reposted, or otherwise distributed for public or commercial purposes.

Subject to the terms and conditions of this Agreement, Stellify Software Ltd. provides you with a non-exclusive, revocable license to use the Platform. Stellify Software Ltd. may terminate this license at any time for any reason or no reason.

Our Rights

We reserve these rights, which we may exercise at any time and in our sole discretion, and without liability or notice to you (except where prohibited by applicable law): (a) we may change parts or all of the Platform and its functionality; (b) we may suspend or discontinue parts or all of the Platform; (c) we may terminate, suspend, restrict or disable your access to or use of parts or all of the Platform; (d) we may terminate, suspend, restrict or disable access to your Account or parts, some of, or all of your Website Content; (e) we may change our eligibility criteria to use the Platform (and if such eligibility criteria changes are prohibited by law where you live, we may revoke your right to use the Platform in that jurisdiction); and (f) we may monitor or scan your Website Content and/or Account for abusive, spammy, or similar malicious behavior and take appropriate actions including but not limited to removal of Website Content and suspension or termination of your Account.

Should the ownership of an Account, workspace, Website Content, or website be disputed between parties, such as a business and its employees, or a web designer and a client. We try not to get involved in these disputes. However, we reserve the right, at any time and in our sole discretion, and without notice to you, to determine the rightful owner and to transfer the relevant account, workspace, website Content, or website to the party we determine to be the rightful owner. Our decision in that respect is final. If we feel that we cannot reasonably determine the rightful owner, we reserve the right to suspend or disable an Account and its related Website Content until the disputing parties reach a resolution. We also may request documentation to help determine the rightful owner, including but not limited to a government-issued photo ID, credit card invoice, or business license.

Billing, Payments, and Renewals

Customers may be required to provide their credit card details to Stellify Software Ltd. or the payment service provider retained by Stellify Software Ltd. (the “PSP”). Customers will be responsible for paying all applicable fees related to their use of the Platform (the “Fees”). You are solely responsible for all federal, state, and local taxes, including sales, use, VAT, or similar transaction taxes imposed on your paid subscription to the Platform, unless you provide Stellify Software Ltd. with a valid tax exemption certificate (“Taxes”). All Taxes payable by you will be separately stated and exclusive of the Fees. Notwithstanding the foregoing, you will have no liability for taxes that are statutorily imposed on Stellify Software Ltd., including taxes or fees based on Stellify Software Ltd.’s net or gross income.

All paid plans must enter a valid payment account. Your payments are processed by the PSP in GBP on the date the transaction is processed. If you pay in a currency other than GBP (“Foreign Currency”), your currency will be converted to GBP at the current exchange rate set by the PSP. If you pay in a Foreign Currency and request a refund, you may receive a refund amount that differs from your original payment amount. If this occurs, Stellify Software Ltd. will be unable to adjust the refund amount you received. The difference in payment and refund amounts is caused by currency exchange rate fluctuations outside of Stellify Software Ltd.’s control.

Free accounts are not required to provide payment account information. We will immediately bill you upon any upgrade from a free plan to any paid plan.

For monthly payment plans, the Platform is billed in advance on a monthly basis. Any requests for refunds will be handled in accordance with Stellify Software Ltd.’s Billing and Refund Policy as updated by Stellify Software Ltd. from time to time.

For annual payment plans, the Platform is billed up front for one (1) year subscription periods and is non-refundable. Your annual plan will automatically renew for successive one (1) year subscription periods, and you will be charged the applicable Fees on each annual anniversary of your purchase, unless you cancel the plan(s) on your Account prior to the end of the then-current annual term. There will be no refunds or credits for partial terms of service, upgrade/downgrade refunds, or refunds for unused terms with an active Account. Certain credits may apply when you purchase an upgrade to the Platform or switch from a monthly plan to an annual payment plan.

Unless otherwise provided for in your Order Form, you can cancel your payment plan(s) by going into your dashboard, selecting plans, and then downgrading to a starter plan. For more information on how to cancel paid plans, please see our help article here.

Disclaimer of Warranties and Limitation of Liability

THE PLATFORM, ASSOCIATED SERVICES AND ALL STELLIFY SOFTWARE LTD. IP ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, CURRENTNESS, FREEDOM FROM INTERRUPTION, VIRUSES OR OTHER DEFECT, AND NON-INFRINGEMENT.

YOUR SOLE REMEDY AGAINST US FOR DISSATISFACTION WITH THE PLATFORM, ASSOCIATED SERVICES, OR ANY STELLIFY SOFTWARE LTD. IP IS TO STOP USING THE PLATFORM, ASSOCIATED SERVICES, OR ANY SUCH STELLIFY SOFTWARE LTD. IP. IN NO EVENT SHALL WE OR OUR AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES, RESULTING FROM THE USE OR INABILITY TO USE THE PLATFORM, ASSOCIATED SERVICES, OR THE STELLIFY SOFTWARE LTD. IP, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE OR OUR AFFILIATES ARE ADVISED ON THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, STELLIFY SOFTWARE LTD. ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ( I ) ERRORS, MISTAKES, OR INACCURACIES OF STELLIFY SOFTWARE LTD. IP; (II) PERSONAL INJURY OR PROPERTY DAMAGE (INCLUDING INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS RELATED TO YOUR WEBSITE CONTENT), OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE PLATFORM, INCLUDING BUT NOT LIMITED TO ADDITIONAL PRODUCT OFFERINGS SET FORTH IN THE PRODUCT TERMS OR ASSOCIATED SERVICES; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL INFORMATION, INCLUDING PERSONAL INFORMATION OR FINANCIAL INFORMATION, STORED THEREIN; (IV) ANY ERRORS, MISTAKES, LOSSES, DAMAGE OR UNAUTHORIZED ACCESS RESULTING FROM THE USE OF THIRD PARTY APPLICATIONS BY YOU, BY YOUR END USERS, OR BY STELLIFY SOFTWARE LTD. ON YOUR BEHALF; ( V ) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PLATFORM OR ASSOCIATED SERVICES; (VI) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR PLATFORM, ASSOCIATED SERVICES, OR THIRD PARTY PRODUCTS; (VII) ANY ERRORS OR OMISSIONS IN ANY STELLIFY SOFTWARE LTD. IP OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY STELLIFY SOFTWARE LTD. IP POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE PLATFORM; (VIII) ANY LOSS OF ACCESS TO YOUR PRIMARY EMAIL ADDRESS; AND/OR (IX) WEBSITE CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL STELLIFY SOFTWARE LTD., ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, OR COSTS RELATED TO THIS AGREEMENT IN AN AMOUNT EXCEEDING £100.

THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF STELLIFY SOFTWARE LTD. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND WILL APPLY REGARDLESS OF THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES.

Amendments, Notification Procedures, and Updates to the Agreement

We reserve the right to modify, update, or change these Terms from time to time in the usual course of business (such modified Terms, the "Updated Terms"), so we encourage you to review this page periodically. Notwithstanding, when we change these Terms in a material manner, we will update the effective date at the top of this page and provide you with reasonable advance notice before the Updated Terms become effective. Stellify Software Ltd. may provide such notifications to you via email notice, written or hard copy notice, and/or through posting of such notice on the Platform. We reserve the right to determine the form and means of providing notifications to you. You may be required to click-to-accept or otherwise agree to the Updated Terms, but in any event your continued use or access of the Platform after the effective date of the Updated Terms shall constitute your agreement to the Updated Terms. Therefore, you should review these Terms and any Updated Terms before using the Platform. Updated Terms will be effective as of the date specified in the effective date at the top of this page, and will apply to your use of the Platform from that point forward. If we update these Terms in a non-material manner after the effective date, we will update the last modified date at the top of this page. The previous Terms (or previously Updated Terms) will govern any disputes arising before the effective date of the then-current Updated Terms. If you choose not to agree to these Terms or any future Updated Terms, you may not use or access (and must discontinue any use or access to) the Platform. Stellify Software Ltd. is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us.