Terms of Service

PLEASE READ THE FOLLOWING TERMS CAREFULLY BECAUSE, BY ACCESSING GOSTINT.COM OR APP.GOSTINT.COM, INSTALLING AND USING SERVICES AVAILABLE ON GOSTINT.COM, YOU ACCEPT AND AGREE TO THEM. PLEASE ALSO READ OUR PRIVACY POLICY TO LEARN HOW WE COLLECT AND USE INFORMATION.

Last Revised: May 1, 2020

These Stint Service Terms (these “Terms”) explain the relationship between Stint Technologies, Inc. (“Stint”, “we” or “us”) and you when you (i) access and use gostint.com and its related domains (together, the “Site”) and/or (ii) download, install, use and in some cases purchase Stint’s proprietary email software applications (including all related documentation, updates and upgrades) and any other services offered through the Site (the “Stint Services”).

 

These Terms govern visitors’ access to and use of the public areas of the Site, as well as access to and use of the Stint Services. Unless otherwise indicated, “Stint Services” as used throughout these Terms includes the public areas and the Stint Services. For the purposes of these Terms, “you” or “your” refers to you as a visitor to or registered user of the Stint Services.

 

THESE TERMS, TOGETHER WITH OUR PRIVACY POLICY, FORM AN AGREEMENT BETWEEN YOU AND STINT. BY AGREEING TO THESE TERMS OR USING THE STINT SERVICES, YOU REPRESENT TO US THAT YOU ARE LEGALLY COMPETENT TO ENTER INTO THIS AGREEMENT.

IF YOU ARE AGREEING TO THESE TERMS OR USING THE STINT SERVICES ON BEHALF OF SOMEONE ELSE, YOUR ACCEPTANCE OF THESE TERMS IS DEEMED AN AGREEMENT BETWEEN THAT PARTY AND STINT AND YOU REPRESENT AND WARRANT THAT YOU HAVE AUTHORITY TO BIND THAT  PARTY TO THESE TERMS.


1. License Grant.

The Stint Services are owned by Stint and are licensed, not sold, to you. Subject to your use, Stint grants to you a personal, nonexclusive, nontransferable, limited license (without the right to sublicense) to access and use the Site and to access, download, install and use the Stint Services subject to the limitations set forth in these Terms and any and all other terms and policies set forth in the Stint Services. You acknowledge that the source code for the Stint Services and other trade secrets embodied in the Stint Services have not been and will not be licensed or otherwise disclosed to you. All rights not expressly granted herein are reserved by Stint.

 

2. Use of Stint Services.

1.  Registration:

Unless you are visiting only the public areas of the Site, you are required to register and create an account to use the Stint Services (“Account”). You agree that you will maintain and update your registration and account information to ensure it is current, complete and accurate and that we have the right to terminate your Account and use of the Stint Service for any reason.

 

2. Your Responsibilities:

You are responsible for providing the equipment and services that you need to access, download, install and use the Stint Services. Stint does not guarantee that the Stint Services are accessible on any particular equipment or device or with any particular software or service plan.

 

You are responsible for all activities that occur through your Account, whether or not authorized by you. Please do not share your Account or any of its information with any other person.

 

You will use the Stint Services only for your purposes and in accordance with applicable laws, rules and regulations. You are responsible for all of your activities that occur within, through or as a result of your use of the Stint Services. You agree that you will not use the Stint Services for unlawful purposes or to engage in any illegal, offensive, indecent or objectionable conduct, including violation of any third party privacy or other rights. You agree that you will not use the Stint Services if you are under the age of majority in your place of residence or otherwise not fully able and competent to agree to these Terms.

 

If you use the Stint Services on your mobile device, you are solely responsible for all message and data fees charged by your wireless service provider. Please contact your mobile service provider for pricing plans and details. Stint is not liable for any delays, interruptions or other transmission errors related to your device, service or wireless service provider.

 

Except as specifically permitted in these Terms or expressly authorized in writing by Stint, you agree that you will not directly or indirectly: (a) distribute, sell, assign, encumber, transfer, rent, lease, sublicense, modify or time-share the Stint Services; (b) use any of the Stint Services in any service bureau arrangement or on behalf of any third party; (c) reproduce, adapt, create derivative works of, translate, localize, port or otherwise modify any of the Stint Services; or (d) permit any third party to engage in any of the acts described in clauses (a) through (c).

 

You are not permitted to: (a) remove or alter any copyright or other proprietary rights’ notice or restrictive rights legend contained or included in any of the Stint Services; (b) decompile, disassemble, reverse compile, reverse assemble, reverse translate or otherwise reverse engineer any of the Stint Services; (c) use any means to discover the source code of the Stint Services or to discover the trade secrets in the Stint Services; or (d) otherwise circumvent any functionality that controls access to or otherwise protects the Stint Services.

 

You are responsible for complying with all laws, rules and regulations (including those relating to internet, data and email privacy) that apply to your use of the Stint Services.

 

3. Our Responsibilities:

Stint is responsible for providing the Stint Services in accordance with these Terms and all applicable laws, rules and regulations.

 

We will maintain commercially reasonable administrative, physical and technical safeguards intended to protect the security, confidentiality and integrity of information that you provide to or through the Stint Services (including Your Content as defined in Section 3 below).

 

Stint reserves the right but is not obligated to improve, enhance or modify the Stint Services. 

 

Stint is not responsible for the content of Other Services or for losses, liabilities, actual or pending claims, actions, damages, expenses, costs of defense and reasonable attorneys’ fees (“Claims”) arising from your use of content, information, web sites, software, services and other materials of third parties with which you may interact when you use the Stint Services (collectively, “Other Services”). YOU ACCESS OTHER SERVICES ENTIRELY AT YOUR OWN RISK AND YOU ARE RESPONSIBLE FOR COMPLYING WITH TERMS AND CONDITIONS APPLICABLE TO YOUR ACCESS AND USE OF OTHER SERVICES.

 

4. Availability:

We use commercially reasonable efforts to make the Stint Services available to you 24 hours per day, seven (7) days per week, excluding scheduled maintenance time, unavailability caused by you or any software, hardware or service not provided by us, emergency maintenance and/or any cause beyond our reasonable control (including without limitation nature disasters, wars, terrorist act, civil disturbances, acts of any government or agency thereof, strikes or other labor problems, Internet service or other third party service providers’ failures or delays and systemic electrical, telecommunications or other utility outages or failures).

 

5. Limitations:

Stint Services are subject to reasonable limitations and other limitations, as specified within the Stint Services.

 

3. Your Content.

The Stint Services allow you to add, upload, transmit and use information and other content to and through the Stint Services (collectively, “Your Content”). You are solely responsible for the accuracy, quality, legality and means by which you acquired Your Content. You understand that Stint will use Your Content to provide the Stint Services to you. You have or will obtain all rights necessary to provide Your Content to Stint and you hereby grant Stint a worldwide license to use, reproduce, transmit, display and adapt your Content as necessary for Stint to provide the Stint Services to you in accordance with these Terms.

 

Without limiting the terms of our Privacy Policy, you understand that (i) we do not guarantee that your use of the Stint Services and/or Your Content will be private or secure and we are not responsible or liable to you for any lack of privacy or security that you may experience and (ii) we may use Your Content, including personally identifiable information to provide the Stint Services.  We may also analyze Your Content and derive insights from such analysis (collectively, “Analytical Data”). Stint may use and distribute such Analytical Data for purposes of product development, product insights and for improving its products and services provided that such Analytical Data is in an aggregated, de-identified (anonymized) form that would not permit a third party to identify the data as associated with you or Your Content.  Stint may share this Analytical Data in the Stint Service, with our email subscribers and in marketing material.  For sake of clarity, the Analytical Data will not contain any personally identifiable information.  Stint retains all Intellectual Property Rights in such Analytical Data.  Information collected by your internet or mobile service provider and other third parties is used, stored, transferred and disclosed pursuant to your internet or mobile service provider’s or the third party’s terms, policies and practices.

 

We encourage you to carefully consider disclosure of any information that might be accessible to others. You are fully responsible for taking precautions and providing security measures best suited for your situation and intended use of the Stint Services.

 

4. Warranties.

We warrant that we have validly entered into these Terms and have the legal power to do so. You warrant that (i) you have validly entered into these Terms and have the legal power to do so and (ii) you have all necessary rights, licenses, consents and permissions to use Your Content with the Stint Services.

 

THE STINT SERVICES ARE LICENSED “AS-IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE.” YOU BEAR ALL RISK OF USING IT. STINT, ON BEHALF OF ITSELF, WIRELESS CARRIERS OVER WHOSE NETWORK THE STINT SERVICES ARE DISTRIBUTED, AND ITS AND THEIR RESPECTIVE AFFILIATES, VENDORS, AGENTS, AND SUPPLIERS (“DISTRIBUTORS”), GIVES NO EXPRESS WARRANTIES, GUARANTEES, OR CONDITIONS UNDER OR IN RELATION TO THE STINT SERVICES. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS WHICH THIS AGREEMENT CANNOT CHANGE. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAWS, STINT AND ALL DISTRIBUTORS EXCLUDE ANY IMPLIED WARRANTIES OR CONDITIONS, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. STINT DOES NOT WARRANT THAT (A) THE STINT SERVICES WILL MEET YOUR REQUIREMENTS, (B) OPERATION OF THE STINT SERVICES WILL BE UNINTERRUPTED OR VIRUS- OR ERROR-FREE, (C) THAT THE STINT SERVICES WILL OPERATE OR BE COMPATIBLE WITH ANY OTHER APPLICATIONS OR ANY PARTICULAR SYSTEMS OR DEVICES, (D) DEFECTS IN THE STINT SERVICES WILL BE CORRECTED OR (E) THAT THE STINT SERVICES WILL BE AVAILABLE FOR REINSTALLS ON THE SAME OR MULTIPLE DEVICES. ANY ORAL OR WRITTEN ADVICE PROVIDED BY STINT OR ITS AUTHORIZED AGENTS WILL NOT BE DEEMED TO CREATE ANY WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

 

5. Limitation of Liability.

STINT’S LIABILITY WITH RESPECT TO ANY SINGLE INCIDENT ARISING OUT OF OR RELATED TO THE DELIVERY, USE OR PERFORMANCE OF THE STINT SERVICES OR THESE TERMS (WHETHER IN CONTRACT OR TORT OR UNDER ANY OTHER THEORY OF LIABILITY) WILL NOT EXCEED THE AMOUNT PAID BY YOU HEREUNDER IN THE TWELVE (12) MONTHS PRECEDING THE INCIDENT; PROVIDED THAT IN NO EVENT SHALL STINT’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS (WHETHER IN CONTRACT OR TORT OR UNDER ANY OTHER THEORY OF LIABILITY) EXCEED THE TOTAL AMOUNT PAID BY YOU HEREUNDER. THE FOREGOING LIMITATION WILL NOT LIMIT YOUR PAYMENT OBLIGATIONS.

 

IN NO EVENT WILL STINT BE LIABLE TO YOU OR ANY THIRD PARTY FOR INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL AND PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA OR PROFITS OR BUSINESS INTERRUPTION), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER UNDER THESE TERMS OR OTHERWISE ARISING IN ANY WAY IN CONNECTION WITH THE STINT SERVICES OR THESE TERMS AND WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) EVEN IF STINT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING DISCLAIMER OF LIABILITY WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. YOU AGREE NOT TO SEEK TO RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES FROM ANY DISTRIBUTOR.

 

You agree that the above limitations of liability, together with the other provisions in these Terms that limit liability, are essential terms of these Terms and that Stint would not be willing to grant you the rights set forth in these Terms but for your agreement to these limitations of liability.

 

6. Ownership.

The Stint Services, including the “look and feel” (e.g., text, graphics, images, logos), content and other material, are protected under copyright, trademark and other laws. You acknowledge and agree that Stint owns all right, title and interest in and to the Stint Services (including without limitation any and all patent, copyright, trade secret, trademark, show-how, know-how and any and all other intellectual property rights therein or related thereto) and you agree not to take any action(s) inconsistent with such ownership interests. You do not acquire any rights or licenses under any of Stint’s copyrights, patents, patent applications, copyrights, trade secrets, trademarks or other intellectual property rights on account of these Terms. Any and all (a) suggestions for correction, change and modification to the Stint Services, evaluation data, evaluations and other feedback (including but not limited to quotations of written or oral feedback, information and reports provided to Stint by you (collectively, “Feedback”)), and all (b) improvements, updates, modifications or enhancements, whether made, created or developed by Stint or otherwise relating to the Stint Services (collectively, “Revisions”), are and will remain the property of Stint. You acknowledge and expressly agree that any contribution of Feedback or Revisions does not and will not give or grant you any right, title or interest in the Stint Services or in any such Feedback or Revisions. All Feedback and Revisions become the sole and exclusive property of Stint and Stint may use and disclose Feedback and Revisions in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to Stint any and all right, title and interest (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, moral rights, and any and all other intellectual property rights) that you may have in and to any and all Feedback and Revisions. Upon request by Stint, you will execute any document, registration or filing required to give effect to the foregoing assignment. In addition, Stint shall have the right to copy, use, distribute, and display any information, analysis, statistics and other data generated by the Stint Services (or derived from your use of the Stint Services), including compilation of aggregated statistics about the Stint Services; provided, however, that Stint shall not publicly disclose or distribute any such data unless such data is in an aggregated form that would not permit a third party to identify the data as associated with you.

 

7. Indemnification.

You agree to indemnify and defend Stint and its affiliates, directors, officers, employees and agents from and against all Claims brought against Stint by any third party arising from your use of the Stint Services or any violation of these Terms, the rights of a third party or applicable law. Your indemnification obligations set forth in this Section 7 apply to any applicable actions taken under your Account. Stint reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification hereunder. In any event, no settlement that affects the rights or obligations of Stint may be made without Stint’s prior written approval.

 

8. Modifications to Terms.

We may modify these Terms at any time. Modifications become effective immediately upon your first access to or use of the Stint Services after the “Last Revised” date at the top of this page. Your continued access or use of the Stint Services after the modifications become effective is deemed your conclusive acceptance of the modified Terms.

 

9. Termination.

These Terms will automatically terminate when you fail to comply with any term or condition of these Terms. Upon termination, you will cease all use of the Stint Services and will destroy any copy (full or partial) of any and all parts of the Stint Services in your possession or control. Termination will not limit any of Stint’s other rights or remedies at law or in equity. This Section 9 along with Sections 5, 6, 7, 11 and 14 and any other Section that by its nature is reasonably intended to survive the termination or expiration of these Terms, will survive any termination or expiration of these Terms.

 

10. Export Laws.

You agree that you will not export or re-export, directly or indirectly, the Stint Services and/or other information or materials provided by Stint hereunder, to any country for which the United States or any other relevant jurisdiction requires any export license or other governmental approval at the time of export without first obtaining such license or approval. You are responsible for and hereby agree to comply at your sole expense, with all applicable United States export laws and regulations. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

 

11. Taxes.

You are solely responsible for any and all duties, taxes, levies or fees (including any sales, use or withholding taxes) imposed on or in connection with these Terms or the Stint Services by any authority (excluding taxes based on Stint’s net income).

 

12. Remedies.

You agree that a breach or a threatened breach of these Terms will cause injury to Stint for which money damages will not provide an adequate remedy and Stint will be entitled to seek equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security or proof of damages.

 

13. Notice to California Residents.

Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights information:

 

The provider of the website is:

Stint Technologies, Inc.

c/o Workbar

399 Boylston St., 6th Floor

Boston, MA 02116

 

To file a complaint regarding the website or to receive further information regarding use of the website, send a letter to the above address or contact Stint via e-mail (with “California Resident Request” as the Subject Line). You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at 916.445.1254 or 800.952.5210.

 

14. Miscellaneous.

Except as otherwise expressly set forth in these Terms, these Terms may not be modified except by a writing executed by the duly authorized representatives of Stint. No other act, document, usage or custom will be deemed to modify or amend these Terms. These Terms will inure to the benefit of and will be binding upon each party’s successors and assigns. These Terms and the licenses granted hereunder may be assigned by Stint but you may not assign them without the prior express written consent of Stint. If any provision hereof is or becomes, at any time or for any reason, unenforceable or invalid, no other provision hereof will be affected thereby and the remaining provisions will continue with the same effect as if such unenforceable or invalid provisions will not have been inserted herein; provided that the ability of either party to obtain substantially the bargained-for performance of the other will not have thereby been impaired. If either party fails to perform any term hereof and the other party does not enforce such term, the failure to enforce on any occasion will not constitute a waiver of any term and will not prevent enforcement on any other occasion. Nothing contained in these Terms will be deemed to constitute either party as the agent or representative of the other party, or both parties as joint venturers or partners for any purpose. In the event that either party is prevented from performing, or is unable to perform, any of its obligations under these Terms due to any cause beyond the reasonable control of the party invoking this provision, the affected party’s performance will be extended for the period of delay or inability to perform due to such occurrence. The headings and captions contained herein are for convenience only. These Terms are governed by and construed and enforced in accordance with the internal laws of the Commonwealth of Massachusetts, without giving effect to the principles of conflicts of laws of such state, and is binding upon the parties hereto in the United States and worldwide. You and Stint agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to the interpretation or construction of these Terms. Any litigation by one party against the other arising under these Terms or concerning any rights under these Terms will be commenced and maintained in any state or federal court located in the Commonwealth of Massachusetts and both parties hereby submit to the jurisdiction and venue of any such court. For disputes involving an amount less than $10,000, the parties agree to resolve the dispute through binding arbitration to be held in Boston, Massachusetts under the rules of the American Arbitration Association. Any claim arising out of these Terms, the Stint Services must be brought within one (1) year of the date on which the claim arose. These Terms, together with our Privacy Policy, contain the entire understanding of the parties with respect to the matters contained herein and there are no promises, covenants or undertakings other than those expressly set forth herein.

Please direct questions regarding these Terms to our support team by submitting a request to contact@gostint.com  with the subject of “Terms of Service”.

Stint Technologies, Inc.

c/o Workbar

399 Boylston St., 6th Floor

Boston, MA 02116

www.gostint.com