Stax Terms of Service Change Details

We are making updates to our Terms of Service and wanted to share the details with you.

Our new Terms of Service are effective from May 2022.

The following is a summary of the updates made for your convenience.

Clause 1 – User and Ordering

Initial Term and Renewals - The Hosted Services will become effective on the date set forth in an order form for an initial term ("Initial Term"). After the Initial Term, access to the Hosted Services will be automatically renewed for successive additional one-year periods ("Renewal Terms"), unless otherwise terminated by either party by giving notice to the other party not less than sixty (60) days prior to the end of a Term. As used herein, the "Term" means the Initial Term and any Renewal Term(s). Each Term is a minimum subscription term and is non-cancellable. Notwithstanding any such Renewal Terms, Stax may change the pricing and commercial terms, by agreement with You.

We have updated this clause to specify the term of contract and that pricing and commercial term adjustments may occur, as agreed to the customer.

Onboarding - The onboarding process for the Hosted Services will become available within 5 business days of the Commencement Date, subject to You identifying the relevant AWS account ID for the Hosted Services to be onboarded where applicable.

We have made this language clearer to give our customers greater transparency into onboarding lead times.

Clause 2 – Your Obligations

Restrictions

a. The only people who are permitted to use the Hosted Services are permitted staff and contractors as authorised and in according with the Documentation

c. You must not resell (unless you are separately authorised to do so under a relevant partner agreement) licence, sub-licence, reproduce, copy, modify, create derivative works of, sell, exploit, rent, lease, transfer, assign, distribute or disclose the Hosted Services or any part of them.

g. you must provide consent for Stax to be Your authorised agent in order to engage with AWS as required in order to facilitate delivery of the Hosted Services.

We have made these changes to further specify our customers use of the Stax platform.

Clause 3 – Our Obligations

Data. We will treat any material that is uploaded by you in the course of your use of the Hosted Services (“Your Data”) as your property. The term “Your Data” includes text, data, photos, video, audio and anything else that you upload or transmit using the Hosted Services. You grant us a non-exclusive, worldwide, royalty-free and irrevocable licence and right to collect, use, copy, store, transmit, modify and create derivative works of Your Data for the purpose of providing the Hosted Services to you, as required for benchmarking, analysis and the enhancement of the Hosted Services and as otherwise permitted by these Terms. We agree to anonymise Your Data, with no traceability back to you, unless you grant us permission to do so in writing. You agree (a) that we may continue to store Your Data in accordance with the privacy policy however you agree that certain data may be stored for as long as required for audit purposes; and (b) that we may disclose and transmit Your Data within the Stax group of related entities to assist with the efficient provision of the Hosted Services and to communicate with you about new products or features related to the Hosted Services and (c) that Stax can also store and transmit Your Data for purposes permitted by these Terms.

We have amended this to specify that we will store your data in accordance with the Stax Privacy policy for as long as required for audit purposes.

Clause 5 – Intellectual Property Rights

Trademarks and Publicity - Stax may reference you as a customer in its marketing and press releases and You consent to such usage by entering into these Terms.

As a valued customer of Stax we would like to reference you as a customer showcasing your use of Stax.

Clause 7 – Fees

Usage Limits - The order form may specify certain limits ("Usage Limits") in relation to your use of the Hosted Services. If the Usage Limits exceeded over three consecutive months, you agree to pay us any additional Fees that are set out in the order form.

We have changed this to give customers leniency with spend bursts that may occur in a single month. Note: should spend bursts continue for three consecutive months, we will work with our customers regarding the options to change the Stax Tier subscription to accommodate a larger consumption amount each month. However if no change is made to tiering, we reserve the right to charge all payable overage fees that were incurred during that time.

Clause 9 - General

Notices. Any notice or communication given to a party under these Terms is only given if it is given in writing and either (i) delivered or posted to the party at its company address and marked for the attention of the relevant department of officer, or (ii) sent by email to the party at its email address (Stax email is notices@stax.io), or (iii) delivered by Stax through the Hosted Services. If a party gives the other party 3 business days' notice of a change of its address, email address or any notice or communication is only given by that party if it is delivered, posted or emailed to the latest address. Any notice or communication is to be treated as given at the following time: If it is delivered, when it is left at the relevant address; if it is sent by post, 2 (or in the case of a notice or communication posted to another country, 5) business days after it is posted;; if it is sent by email, as soon as the sender sends the email without indication of a subsequent sending error or rejection response; and if it is sent through the Hosted Services, at the time of posting. However, if any notice or communication is given on a day that is not a business day, or after 5pm on a business day in the place of the party to whom it is sent, it is to be treated as having been given at the beginning of the next business day.

We have removed fax as a method of communication.