1. Acceptance of Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you ("you," "your," or "User") and StinkyStars ("we," "us," "our," or "Company"), governing your access to and use of StinkyStars (the "Service"), available at https://stinkystars.com.
By creating an account, accessing, or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the Service. Your continued use after any changes constitutes acceptance of the revised Terms.
2. Eligibility
You must be at least 13 years of age to use the Service. Users between 13 and 18 may only use the Service with consent of a parent or legal guardian who agrees to be bound by these Terms.
By using the Service, you represent and warrant that you have the legal capacity to enter into these Terms and that all registration information you submit is truthful and accurate.
3. Account Registration
To access certain features, you must create an account. You agree to:
- Provide accurate, current, and complete registration information.
- Maintain and promptly update your account information.
- Maintain the security and confidentiality of your login credentials.
- Accept responsibility for all activities under your account.
- Notify us immediately of any unauthorized use at support@stinkystars.com.
We reserve the right to suspend or terminate accounts that violate these Terms.
4. Description of Service
StinkyStars is a software-as-a-service (SaaS) application providing the features described on our website. Features available to you depend on your subscription tier.
We reserve the right to modify, suspend, or discontinue any part of the Service at any time, with reasonable notice for material changes.
5. Subscriptions and Billing
5.1 Payment Processing
All paid subscriptions are processed through Whop, Inc. ("Merchant of Record"). By purchasing a subscription, you also agree to their terms of service and privacy policy.
As Merchant of Record, they are responsible for processing payment transactions, managing sales tax collection and remittance, handling chargebacks and payment disputes, and PCI DSS compliance for payment card data.
We do not directly collect, store, or process your payment card information.
5.2 Subscription Plans
The Service is offered under multiple subscription tiers. Current pricing and features are available at https://stinkystars.com/pricing.
5.3 Billing Cycle
Paid subscriptions are billed in advance on a recurring basis. Your subscription will automatically renew at the end of each billing period unless you cancel before the renewal date.
5.4 Price Changes
We reserve the right to change prices at any time. For existing subscribers, price changes take effect at the start of the next billing cycle following at least 30 days' written notice.
5.5 Cancellation
You may cancel your subscription at any time through your account settings. Upon cancellation, your subscription remains active until the end of the current billing period. You retain access to paid features until the period you paid for expires.
6. Free Trials
We may offer free trial periods. Unless you cancel before the trial ends, your subscription will automatically convert to a paid subscription. Free trials are limited to one per user.
7. Refund Policy
Refund requests are evaluated on a case-by-case basis and must be submitted within 7 days of the charge date. If you experience a technical issue preventing use of the Service, contact us at support@stinkystars.com. Partial-month refunds are not provided for mid-cycle cancellations. Chargebacks initiated without first contacting us may result in account suspension.
8. Acceptable Use
You agree not to use the Service to:
- Violate any applicable law or regulation.
- Infringe on the intellectual property rights of others.
- Transmit defamatory, obscene, threatening, abusive, or hateful material.
- Upload viruses, malware, or malicious code.
- Attempt unauthorized access to the Service or other accounts.
- Interfere with or disrupt the integrity or performance of the Service.
- Use automated tools to access the Service without written permission.
- Reverse-engineer, decompile, or disassemble any part of the Service.
- Create multiple accounts to circumvent restrictions or bans.
- Resell or redistribute access without authorization.
- Use the Service to compete with StinkyStars or build a competing product.
9. Intellectual Property
The Service, including its software, design, text, graphics, logos, and underlying code, is the property of StinkyStars or its licensors and is protected by intellectual property laws. The StinkyStars name, logo, and related marks are trademarks of StinkyStars.
We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal or internal business purposes.
10. User Content
You retain all ownership rights to content you submit. By submitting content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, and display your content solely for the purposes of operating and improving the Service. This license terminates when you delete your content or account.
11. AI-Generated Content
The Service may incorporate artificial intelligence ("AI") features powered by third-party AI providers including Anthropic, PBC ("Claude AI"). AI-generated content is provided for informational and productivity purposes only and does not constitute professional advice. We do not guarantee the accuracy, completeness, or reliability of AI-generated content. You assume all risk associated with any reliance on AI-generated content.
12. Third-Party Services
The Service integrates with third-party services. We are not responsible for the practices, terms, or privacy policies of third parties. Use of third-party services is at your own risk.
13. Privacy
Our collection and use of your personal information is described in our Privacy Policy at https://stinkystars.com/privacy, incorporated herein by reference.
14. Children's Privacy (COPPA)
Our Service is not directed to children under the age of 13. We do not knowingly collect personal information from children under 13. If you are a parent or guardian and believe your child under 13 has provided us with personal information, please contact us at support@stinkystars.com and we will promptly delete such information. For family accounts that may involve children's usage, a parent or guardian must register and accept responsibility for the account.
15. Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
We do not warrant that the Service will be uninterrupted, error-free, or secure; that defects will be corrected; or that the Service or servers are free of viruses or other harmful components.
16. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL STINKYSTARS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE.
OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID FOR THE SERVICE IN THE THREE MONTHS PRECEDING THE CLAIM OR (B) $50.
17. Indemnification
You agree to defend, indemnify, and hold harmless StinkyStars and its officers, directors, employees, and agents from any claims, damages, obligations, losses, liabilities, costs, and expenses arising from: (a) your use of the Service; (b) your violation of these Terms; or (c) your violation of any third-party rights.
18. Termination
We may suspend or terminate your account at any time, with or without cause, with or without notice. Upon termination, your right to use the Service ceases immediately. Sections 9, 15, 16, 17, 19, and 20 survive termination.
19. Dispute Resolution
19.1 Informal Resolution
Before filing a claim, you agree to attempt to resolve the dispute informally by contacting us at support@stinkystars.com. We will attempt to resolve the dispute within 30 days.
19.2 Arbitration
If informal resolution fails, any dispute shall be resolved by binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. The arbitration shall take place in Texas. The arbitrator's decision shall be final and binding.
19.3 Class Action Waiver
YOU AGREE TO RESOLVE DISPUTES ON AN INDIVIDUAL BASIS. TO THE EXTENT PERMITTED BY LAW, YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR REPRESENTATIVE ACTION.
20. Governing Law
These Terms are governed by the laws of the State of Texas, without regard to conflict of law principles. Any disputes not subject to arbitration shall be resolved in the state or federal courts located in Texas.
21. Changes to These Terms
We reserve the right to modify these Terms at any time. We will provide at least 30 days' notice for material changes via email or in-app notification. Your continued use of the Service after the effective date of revised Terms constitutes your acceptance.
22. Severability
If any provision of these Terms is found invalid or unenforceable, the remaining provisions will continue in full force and effect.
23. Entire Agreement
These Terms, along with our Privacy Policy and any additional terms for specific services, constitute the entire agreement between you and StinkyStars regarding the Service.
24. Contact Information
StinkyStars
Email: support@stinkystars.com
Website: https://stinkystars.com