Terms of Service
Important Notes
Acceptance
1.1 Stackbkaze, Inc. (we, us, or our) provides services and software (Services) accessible at https://www.stackbkaze.com, or any other address or channel we make available (collectively, Site).
1.2 These terms and conditions (Terms):
(a) are between us and you, together the Parties and each a Party;
(b) set out the terms and conditions upon which we grant you the right to use the Services; and
(c) are binding on you from the date you accept these Terms (Effective Date) until they are terminated in accordance with these Terms (Term).
1.3 You accept these Terms by either:
(a) clicking an “I accept”, “Sign up,” or similar button or checkbox referencing these Terms; or
(b) accessing or using the Services.
1.4 If you create an account (Account) on behalf of a company, employer, organization, government, or other legal entity (Entity), then “you” means that Entity. You represent and warrant that you are authorized to bind the Entity to these Terms.
1.5 Our Services may rely on inputs from our Third Party Providers. In accordance with clause 5 below, your acceptance of these Terms includes your acceptance of our Third Party Providers’ terms of service, which are accessible through links provided in relevant sections of our Site.
Services
2.1 In consideration of your payment of the applicable fees (as set out in your Plan), we will provide the Services in accordance with these Terms, whether by ourselves or through our Personnel.
2.2 We will use reasonable endeavours to make the Services available at all times, except for scheduled downtime or any unavailability caused by a Force Majeure Event (as defined below) or denial-of-service attacks.
2.3 During the Term, we will use reasonable endeavours to employ technical and physical security measures and practices for any of our systems on which Customer Data is stored or processed, designed to preserve the security and integrity of, and prevent unauthorized access to, the Services and Customer Data.
2.4 You agree that we may amend the Services (including any features) or the fees at any time, and we will provide written notice. If you do not agree with any amendment, you may terminate these Terms in accordance with clause 20.1.
Accounts
3.1 You must create an Account to access and use the Services. You may only have one Account. If we discover multiple accounts for you (or on your behalf), we may terminate or suspend additional accounts.
3.2 You must ensure any information you provide for your Account is complete and accurate, and you are authorized to provide it to us.
3.3 You remain the Account owner, regardless of any contact detail changes. If you wish to change ownership, you must submit a written request along with the new owner’s written consent to take over the Account.
3.4 You are responsible for keeping your Account details confidential and for all activity on your Account (including by Authorised Users). You must ensure all activities on your Account comply with these Terms.
3.5 We are not responsible for managing or administering your Account or your Authorised Users.
Licence and restrictions on use
4.1 Subject to payment of applicable fees and compliance with these Terms, we grant you a non-exclusive, non-transferable, non-sublicensable (unless otherwise permitted), personal, and revocable licence to access and use the Services during the Term (Licence), for your own business use and enjoyment of the Services.
4.2 Your access or use of the Services under the Licence is subject to any usage limits specified in your Plan.
4.3 The Licence permits you to access and use the Services in accordance with the number of Authorised Users set out in your Plan (if applicable).
4.4 You and your Authorised Users must use the Software in accordance with any user manuals, guides, or acceptable use policies provided by us or posted on the Site (as updated from time to time).
4.5 You must not (and must ensure your Authorised Users do not):
(a) use the Services in breach of any applicable Canadian law or regulation, or in a manner that infringes any person’s rights (including Intellectual Property Rights);
(b) use the Services to develop, transmit, publish, or communicate material that is illegal, defamatory, offensive, abusive, indecent, menacing, or unwanted;
(c) use the Services in any way that damages, interferes with, or interrupts the supply of the Services;
(d) introduce malicious programs into our hardware, software, or systems (including viruses, ransomware, malware, trojan horses, or email bombs);
(e) reveal or allow others to use your Account password or authentication details (other than Authorised Users);
(f) carry out security breaches or disruptions of a network (including accessing data not intended for you, logging into a server or account you are not expressly authorized to access, or corrupting any data);
(g) use any program/script/command, or send messages of any kind, with the intent to interfere with, or disable, any person’s use of the Services;
(h) send harassment via email or any other form of messaging, whether through language, frequency, or size of messages, or use the Services in breach of any person’s privacy (including identity theft or phishing);
(i) circumvent user authentication or security of any of our Services, networks, accounts, or hosts or those of our other users.
Third Party Inputs
5.1 You acknowledge that providing the Services may depend on third-party products or services (Third Party Inputs), particularly from our Third Party Provider.
5.2 The Services may include or interface with third-party software, applications, code, APIs, and integrations.
5.3 If you choose to use Third Party Inputs, you are responsible for:
(a) purchasing;
(b) signing up for or setting up an account with;
(c) using;
(d) complying with the terms and conditions of;
(e) meeting the requirements of; and
(f) obtaining any required licences to
those Third Party Inputs.
5.4 By accepting these Terms, you agree to comply with the Third Party Provider’s Terms of Service when using any Third Party Input.
5.5 We make no warranty regarding any Third Party Input and are not liable for its performance or failure.
5.6 Your benefit from any Third Party Input depends on your compliance with clause 5.3.
5.7 You may be required to pay additional fees for access or use of Third Party Inputs (Third Party Input Payments). If so, you are solely responsible for those payments and will indemnify us from any related liability. If we charge you for Third Party Input Payments, you must pay us on demand. Otherwise, you must pay the third party directly.
Support & Hosting Services
6.1 Support Services: During the Term, we will:
(a) Use reasonable endeavours to diagnose and resolve defects or faults that you report to us, provided you help us investigate by providing all relevant information.
(b) Make available our email address support@stackbkaze.com or our ticketing support for defect reports or general queries.
6.2 Hosting Services:
(a) The SaaS Services are hosted by our nominated Hosting Provider.
(b) We may change the Hosting Provider at any time.
(c) We are not liable for the Hosting Provider’s acts or omissions.
(d) We do not warrant uninterrupted or error-free hosting services.
(e) Hosting services may be subject to delays or issues caused by communication networks, the internet, or events beyond our control.
6.3 If there are any defects or issues with the Hosting Provider’s services, we will use reasonable endeavours to procure the Hosting Provider to resolve them.
6.4 We may develop and deploy Updates to the Software, which could improve functionality, comply with applicable laws, or for other reasons. These Updates may be uploaded automatically to your instance of the Software.
Payment
7.1 You agree to pay us the fees (Fees) as set out in your Plan (and any other amounts payable) without set-off or delay, via credit card or another method indicated on the Site.
7.2 The Fee is payable in advance of each billing cycle for your Plan. Any additional charges may be billed in arrears at the end of the relevant billing cycle (unless otherwise agreed).
7.3 You are responsible for reviewing the pricing schedule, features, and limits associated with your Plan (available on the Site).
7.4 You must ensure your chosen payment method has sufficient funds to pay the Fees.
7.5 If any payment is not made or is unsuccessful, we may (at our discretion):
(a) immediately suspend or cease providing the Services and recover our additional costs for doing so;
(b) charge interest on the unpaid amount at a rate to be determined in accordance with applicable Canadian law, calculated daily and compounding monthly; and/or
(c) engage a collection agency and/or commence legal proceedings for the unpaid amounts.
7.6 If you correct the non-payment promptly, we may recommence providing the Services, at our discretion.
Privacy and Communication
8.1 You are responsible for complying with all privacy obligations regarding Personal Information related to your business and Customer Data.
8.2 You must ensure compliance with applicable Canadian privacy laws (including the Personal Information Protection and Electronic Documents Act (PIPEDA)) and Canada’s Anti-Spam Legislation (CASL), for all Personal Information collected, used, or disclosed under these Terms. Before disclosing Personal Information to us, you must obtain all necessary consents.
8.3 We will handle any Personal Information you provide solely for the purpose of performing our obligations under these Terms and in accordance with Canadian law and our Privacy Policy.
8.4 We may contact you via the Services’ platform, in-Account notifications, text messages, or email regarding functional updates and notifications.
8.5 We may send you marketing or promotional material of possible interest. You can opt out of direct marketing at any time. Even if you opt out, we may continue sending you functional or service-related communications.
Confidential Information
9.1 As the Receiving Party, you agree to:
(a) not disclose the Disclosing Party’s Confidential Information to any third party;
(b) use reasonable endeavours to protect the Disclosing Party’s Confidential Information from unauthorized disclosure; and
(c) only use the Disclosing Party’s Confidential Information for the purposes it was provided, or to perform obligations or exercise rights under these Terms.
9.2 The obligations in clause 9.1 do not apply to information that:
(a) must be disclosed to fulfill obligations under these Terms;
(b) is authorized in writing by the Disclosing Party for disclosure;
(c) is in the public domain through no breach of these Terms; or
(d) is required to be disclosed by law, court order, or regulatory authority.
9.3 Monetary damages may be inadequate for a breach of this clause. A Party may seek equitable relief (including an injunction) to prevent further breaches.
9.4 This clause survives termination of these Terms.
Intellectual Property Rights
10.1 Subject to clause 10.2, all Intellectual Property Rights in Your Material vest or remain vested in you (or your licensors).
10.2 You grant us a non-exclusive, worldwide, sublicensable, and transferable licence to use, reproduce, modify, and store Your Materials for providing the Services, fulfilling our obligations, and for our internal business purposes.
10.3 Nothing prevents us from providing the Services to other users or from allowing other users to create workflows or integrations in a manner similar to yours.
10.4 All Intellectual Property Rights in:
(a) the Services (including the Development Software, pre-configured components, and the Site);
(b) the Site;
(c) any IP developed, adapted, modified, or created by us in connection with the Services (including any machine learning algorithms); and
(d) any Feedback,
(collectively, Our Material) vest or remain vested in us or our third party providers/licensors. To the extent such rights do not automatically vest, you will do all acts necessary to transfer title to us.
10.5 We may use and incorporate Feedback into our Services with no obligation to you.
10.6 Unless expressly permitted by these Terms, you must not:
(a) copy or use Our Material (other than as needed to use the Services);
(b) reproduce, distribute, sell, publish, broadcast, or circulate Our Material;
(c) reverse assemble, engineer, or compile Our Material;
(d) attempt to discover source code or underlying structures/algorithms of Our Material;
(e) breach any IP rights associated with Our Material (including altering or modifying it);
(f) frame or embed Our Material in another website;
(g) resell, assign, lease, or transfer Our Material to third parties;
(h) “mirror” or serve any of Our Material on a web server or network; or
(i) remove or tamper with any proprietary notices or marks on Our Material.
10.7 This clause survives termination or expiry of these Terms.
Analytics
11.1 We may monitor, analyse, and compile statistical and anonymized information related to your use of the Services in an aggregated format (Analytics). We may make the Analytics publicly available provided it:
(a) does not contain identifying information; and
(b) is not based on a sample size small enough to make the underlying Customer Data identifiable.
11.2 We (and our licensors) own all right, title, and interest in the Analytics and all related software, technology, and content used or provided in connection with them, including Intellectual Property Rights.
Customer Data
12.1 You grant us a limited licence to copy, transmit, store, back up, or otherwise access the Customer Data (including Personal Information) during the Term and for a reasonable period after the Term to:
(a) supply the Services to you and your Authorised Users;
(b) diagnose problems with the Services;
(c) enhance or modify the Services; and
(d) fulfill our obligations under these Terms.
12.2 You must ensure the integrity of the Customer Data and that your provision and use of it comply with all applicable laws.
12.3 You represent and warrant that:
(a) you have all necessary rights and permissions to provide the Customer Data to us;
(b) the Customer Data is accurate and complete;
(c) the Customer Data (and its transfer and use by us) does not violate any laws or third-party rights (including IP or privacy rights); and
(d) your collection and disclosure of Customer Data is consistent with your own privacy policies and applicable Canadian privacy laws.
12.4 Except as set out in clause 23 or mandated by law, we assume no responsibility or liability for the Customer Data. You are solely responsible for Customer Data and for backing it up.
12.5 You acknowledge the operation and output of the Services relies on the accuracy of the Customer Data. Inaccurate or incomplete Customer Data may affect the Services’ performance or results.
Warranties
13.1 You warrant and agree that:
(a) there are no legal restrictions preventing you from entering these Terms;
(b) you are not subject to an Insolvency Event;
(c) you will cooperate with us and provide information, resources, data, and access as reasonably necessary for us to perform the Services;
(d) all information you provide is true, correct, and complete;
(e) you have not relied on any representations or warranties from us not expressly stated in these Terms;
(f) you will promptly inform us of any reasonable concerns regarding our provision of the Services;
(g) you have obtained and will maintain all necessary consents, licences, and permissions to enable us to provide the Services;
(h) the Services are provided solely for your benefit and you will not disclose or provide access to them (other than to Authorised Users) without our written consent;
(i) you and your Authorised Users will not use the Services to break any law or infringe any third-party rights;
(j) you have reviewed these Terms and our Privacy Policy, understand them, and will use the Services in accordance with both;
(k) if you are using the Services on behalf of an entity, you have the authority to do so; and
(l) you have the hardware, software, systems, and internet connection necessary to access and use the Services.
Canadian Consumer Law
14.1 Certain legislation in Canada may confer rights, warranties, guarantees, or remedies relating to our Services that cannot be excluded, restricted, or modified (“Statutory Rights”).
14.2 If Canadian consumer protection laws apply to you, nothing in these Terms excludes those Statutory Rights. Our liability for the Services is governed solely by Canadian consumer protection laws and these Terms.
14.3 Subject to your Statutory Rights, we exclude all express and implied warranties for the Services, and provide them “as is” without warranties of any kind (either express or implied), in statute, at law, or otherwise.
14.4 This clause survives termination or expiry of these Terms.
Indemnities
15.1 You indemnify Stackbkaze, Inc. and our Personnel against any liabilities, losses, damages, costs, or expenses we incur arising from or related to:
(a) your or your Personnel’s breach of clauses 4, 5, 8, 9, 10, 12, and 13;
(b) your or your Personnel’s negligent, unlawful, or willful acts or omissions in connection with these Terms;
except to the extent caused by our own negligent acts or omissions.
Limitations on Liability
16.1 To the maximum extent permitted by law, and subject to clause 14 (Canadian Consumer Law):
(a) neither Party is liable for any Consequential Loss;
(b) a Party’s liability is reduced proportionately to the extent such liability is caused or contributed to by the acts or omissions of the other Party or its Personnel;
(c) our liability for failing to comply with a Statutory Right is limited (at our option) to re-supplying the Services or paying the cost of re-supplying the Services;
(d) our aggregate liability for any claim(s) arising from these Terms is limited to the amount of the Fees paid by you in the 12 months immediately preceding the event giving rise to the liability.
16.2 This clause survives termination or expiry of these Terms.
Exclusions to Liability
17.1 To the maximum extent permitted by law, we are not liable for, and you release and waive any claim against us for, liability arising from or connected with:
(a) loss of or damage to property, or personal injury or loss;
(b) your computing environment or network;
(c) your or your Personnel’s acts or omissions;
(d) any use or application of the Services by any entity other than you or your Authorised Users;
(e) use of the Services not in accordance with these Terms;
(f) modifications to the Services by you or a third party without our written consent;
(g) any items not forming part of the Services (as stated in these Terms) or not provided by us;
(h) any Third Party Inputs;
(i) any Force Majeure Event;
(j) any act or omission of the Hosting Provider.
17.2 You acknowledge and agree that:
(a) you are responsible for all users of the Services under your Account;
(b) you use the Services at your own risk;
(c) technical processing and transmission of the Services (including Customer Data) may be unencrypted and involve transmission over various networks;
(d) we may rely on third-party providers for certain features. If a provider ceases to provide these services, we may discontinue related features without liability or obligation to you;
(e) we make no warranties regarding third-party products, facilities, or services;
(f) we do not guarantee files or programs available for download are virus-free or safe;
(g) we are not responsible for the integrity or existence of any data on your (or your Personnel’s) devices or networks; and
(h) we may seek equitable remedies (injunction) if you breach these Terms.
17.3 This clause survives termination or expiry of these Terms.
Suspension
18.1 We may immediately suspend your Account without notice if:
(a) you or your Personnel breach these Terms;
(b) we reasonably suspect a breach;
(c) there is a dispute over ownership of the Account; or
(d) required by law or court order.
18.2 Suspension does not limit our other rights, including termination under clause 19.
Termination
19.1 Our Right to Terminate: We may terminate these Terms at any time by giving 30 days’ written notice to you.
19.2 Your Right to Terminate: You may terminate these Terms immediately by closing your Account (and any associated Authorised User accounts).
19.3 We may terminate your Account if you:
(a) infringe third-party IP rights or commit any unlawful/objectionable act;
(b) violate any Canadian law or regulation;
(c) engage in dangerous, harmful, fraudulent, or objectionable conduct;
(d) jeopardize the security of your or others’ Accounts;
(e) attempt to obtain passwords or security info from other users;
(f) violate the security of any network, or crack any security code;
(g) run spam or auto-responders that interfere with the Services;
(h) crawl or scrape data from the Services without authorization;
(i) copy or store significant portions of the Services or Customer Data; or
(j) decompile or reverse-engineer the Services.
19.4 These Terms may be terminated immediately by written notice if:
- By us:
(1) you fail to remedy a breach within 10 business days of notice;
(2) a Force Majeure Event prevents our performance for over 30 consecutive days;
(3) you suffer an Insolvency Event. - By you:
(1) we commit a material breach not remedied within 10 business days of notice;
(2) we suffer an Insolvency Event.
19.5 Upon termination or expiry:
(a) we immediately cease providing the Services;
(b) we may permanently delete all Customer Data within 1 month of termination;
(c) you must pay for all Services delivered before termination and any other amounts due;
(d) if terminated under clause 19.3(a) or 19.3(c), you must pay any additional costs we incur; and
(e) you must promptly return or destroy all of our property, including Confidential Information and Intellectual Property.
19.6 Termination does not affect any accrued rights or liabilities.
19.7 Clauses intended by their nature to survive termination (e.g., confidentiality, liability, IP rights) will continue to apply.
GST / HST
20.1 If HST (or any Canadian sales tax) is payable on a supply under these Terms, the recipient must pay an amount equal to that tax in addition to the consideration expressed elsewhere in these Terms, unless the price is explicitly stated to be tax-inclusive.
20.2 If an adjustment event arises concerning a supply made under these Terms, the Parties will make all necessary financial adjustments and issue adjustment notes if required.
20.3 If you must reimburse or pay an expense of ours, or indemnify us for such an expense, the required payment will be reduced by the amount of any input tax credit we are entitled to with respect to that expense.
20.4 Terms such as “taxable supply,” “tax invoice,” and “adjustment note” will be interpreted in accordance with Canada’s applicable tax legislation.
General
21.1 Access: The Services may be accessed in Alberta, throughout Canada, and overseas. We make no representation about compliance with laws outside Canada. If you access the Services from outside Canada, you do so at your own risk and must comply with local laws.
21.2 Amendment: We may update these Terms at any time by posting on our Site or notifying you via email or in-Account notifications. If you disagree with an amendment, you may terminate under clause 19.1.
21.3 Assignment: Neither Party may assign or novate its rights or obligations without prior written consent (not unreasonably withheld).
21.4 Dispute Resolution: A Party must not start court proceedings regarding a dispute arising from these Terms without first meeting with a senior representative of the other Party in good faith to resolve the issue. If unresolved, the matter may be referred to mediation in Alberta in accordance with a recognized mediation body. This clause does not prevent a Party from seeking urgent injunctive relief.
21.5 Entire Agreement: These Terms, together with any referenced policies (like our Privacy Policy), constitute the entire agreement, superseding all prior discussions or agreements.
21.6 Exclusivity: The Services are provided to you on a non-exclusive basis.
21.7 Force Majeure: We are not liable for delays or failures due to events beyond our reasonable control (Force Majeure Events), including epidemics, pandemics, government orders, natural disasters, utility outages, and so forth.
21.8 Further Assurance: Each Party will do all things necessary to give full effect to these Terms.
21.9 Governing Law: These Terms are governed by the laws of Alberta, Canada. Each Party submits to the exclusive jurisdiction of the courts located in Alberta and any courts that may hear appeals from those courts.
21.10 Notices: Any notice under these Terms must be in writing to the last known address or email. A notice sent by mail is deemed served after 3 business days; a notice by email is deemed served at time of transmission (provided no bounce-back is received).
21.11 Publicity: You agree we may publicly reference our relationship with you (e.g., on our website or in marketing material), unless you request otherwise in writing.
21.12 Relationship: These Terms do not create a partnership, joint venture, employment, or agency relationship.
21.13 Severance: If any provision is void, invalid, or unenforceable, it is to be read down or severed to the extent necessary, and the remainder will remain valid.
Fair Use Policy
22.1 All services and databases hosted on Stackbkaze are subject to these Terms and must not be used for:
(a) illegal activity;
(b) torrent aggregators;
(c) crypto miners;
(d) hosting or distributing illegal content (including but not limited to DMCA-protected content); or
(e) sending spam.
22.2 We reserve the right to terminate your account without notice if we find any breach of this Fair Use Policy.
Definitions
In these Terms, capitalized words have the meaning given throughout or below:
- Account: an account accessible to you or your Authorised Users to use the Services.
- Analytics: aggregated and anonymized statistical information regarding use of the Services.
- Authorised User: a user permitted to access and use the Services under your Account, as per your Plan.
- Business Day: a day on which banks are open for general business in Alberta, excluding weekends and public holidays.
- Computing Environment: your computing environment, including all hardware, software, IT, and telecommunications systems.
- Confidential Information: information which is confidential or proprietary to a Disclosing Party, whether disclosed in writing or verbally, and includes the nature and content of these Terms.
- Consequential Loss: any indirect or consequential losses, including loss of profit, revenue, business, goodwill, or data.
- Customer Data: data input by you, your Personnel, or Authorised Users into the Software (including data stored or generated by the Services).
- Development Software: our cloud-based development acceleration platform for building applications, data pipelines, microservices, or integrations (including pre-configured components, instructions, and any updates).
- Disclosing Party / Receiving Party: the party disclosing / receiving Confidential Information.
- Fee(s): fees due and payable by you for the Services, as set out in your Plan.
- Feedback: ideas, suggestions, or requests from you or your users, whether in writing or verbally.
- Force Majeure Event: circumstances beyond reasonable control (e.g., natural disasters, government orders, communication network failures).
- Hosting Provider: the third-party provider hosting the SaaS Services.
- Insolvency Event: events relating to insolvency or bankruptcy, such as the appointment of a liquidator or inability to pay debts when due.
- Intellectual Property Rights: all rights in Intellectual Property, including copyright, trademarks, and patents, whether registered or unregistered.
- Licence: the licence granted in clause 4.1.
- Our Material: as defined in clause 10.4.
- Personal Information: as defined by Canadian privacy law (including PIPEDA).
- Personnel: officers, employees, consultants, suppliers, subcontractors, or agents of a Party.
- Plan: the plan you choose (fees, usage limits, billing cycle, features, number of Authorised Users) as outlined on the Site and/or in your Account.
- Privacy Policy: our privacy policy available on our Site, as updated from time to time.
- SaaS Services: our provision of the Software as “software as a service.”
- Services: the Software (including the Development Software), the SaaS Services, and any related support services.
- Software: collectively, the Development Software (and any related modules or components we provide).
- System: all hardware, software, networks, and other IT systems used by a Party (including networks).
- Third Party Inputs: third-party goods or services (e.g., software, APIs) that the Services interface with or rely on.
- Third Party Provider: includes Neon Inc. and any other third-party providers.
- Update: any updates or releases we make to the Software.
- Your Materials: items owned, licensed, or developed by you before the Effective Date or independently of these Terms (excluding Our Material).
Interpretation
Unless the context otherwise requires:
- References to these Terms include all schedules, annexures, and variations.
- References to legislation include all amendments or replacements.
- References to a person include any type of legal entity.
- “Include” or “including” means “without limitation.”
- References to time are to local time in Alberta, Canada.
- “$” or “dollars” refers to Canadian dollars unless otherwise indicated.
Questions & Notices
For any questions or notices, please contact us at:
Stackbkaze, Inc.
#2700-685 Center St SCalgary, Alberta, T2G 1S5
Email: support@stackbkaze.com or via ticketing support
Last updated: 1-1-2025