Terms of Service

STAX Terms of Service

[Version and Effective Date]

STAX Mobile App Inc. (STAX) Terms of Service comes into effect on July 25th, 2016, replacing the former version (if any). Last modified: August 12, 2016

Welcome to STAX!

   Please read the following Terms of Service carefully. Your use of STAX means you have accepted this agreement. STAX is provided by STAX Mobile App Inc. Under these Terms of  Service (“Terms”), the term “STAX”, “We” or “we” means STAX Mobile App Inc., a limited company established and existing under the laws of the United States of America. This agreement also includes the Privacy Policy and other business rules. Please read them carefully.

[About STAX]

STAX is software that serves as a digital business card system and other related internet-based value-added services (“Our Service”). We provide the above-mentioned services through free or paid STAX software (“Our Software”), STAX website (www.staxmobileapp.com), or application programming interfaces (“APIs”). We remind you especially that we only provide you the software and service as tools.  When using  STAX acquiring and processing information, you should respect legal rights of others such as intellectual property rights and privacy rights etc., and make sure you are authorized to copy, amend, upload, publish, and share the information. If doing such mentioned above without permission, you may infringe upon legal rights of others, which may result in you being legally liable for it.

[Software License and Service]

We grant registered users a personal, worldwide, revocable, non-transferable and non-exclusive license to use STAX. Unless otherwise expressly agreed in writing, users are permitted to install, use, display or run Our Software or use Our Services on their device(s), including but not limited to tablets, smartphones, and PCs as well as other computer systems (“End-Device”) for personal, individual, and noncommercial purposes.

[Modifications of the Terms]

STAX may modify this agreement or any additional terms that apply to STAX Services. You should look at the terms regularly. Usually we will post notice of modifications to these terms on our website, or we will let users know via e-mail or by other reasonable means to inform them of a new agreement thirty days before it takes effect. If you do not agree to the modified terms, you should discontinue your use of our service.

[Paid For Service]

You may need to pay for some of STAX Services. Please read related detailed rules if you want to use the paid services. STAX will make changes about payment standard and method according to practical needs. Some current-free services may become paid services in the future. If you refuse to pay, you will no longer be able to use the services for which we charge fees. We will publicize such changes on Stax Mobile App official website or inform you during a period of time when you use relative services.

[Registration and Account Security]

In order to have access to our services, you will be required to create an account and provide some form of identifiable information, you will not be able to change this identifiable information at any time and you will be required to create a new account if something changes. Where there is any requirement from United States or international laws or regulations that require personally identifiable information or other document should be provided, you shall obey such rule. You can set the account password by yourself and should always keep it secure. You agree that you will bear full responsibility for any and all the activities under your Stax Mobile App account. In order to keep your account secure, we particularly remind you of certain measures including but not limited to safekeeping your password, installing anti-virus software, changing your password regularly, and logging out safely after use. If your account or password is stolen, you shall assume full responsibility for all the consequences arising therefrom unless it is caused by our intentional act or gross negligence. If you learn of any unauthorized use of your account, or password, please contact us immediately: STAX@STAXMOBILEAPP.COM.

[Personal Information and Privacy]

Stax respects the privacy of each user and will protect your privacy and personal information in accordance with relevant United States laws and regulations. You need to read carefully our Privacy Policy which specifies how we treat your personal information. We particularly remind you that the information you upload or submit to STAX may involve other peoples’ personal information or privacy. STAX may disclose such contents without authorization. When using STAX services, you should consider the information you enter into STAX and use reasonable manner to avoid risks of infringing upon your own and other personal security and privacy. You acknowledge and promise that you will fully respect the privacy of anyone you have access to within STAX Services and will not collect, duplicate, store, disseminate or spread others’ private information without permission or best interest of the others’ as cause. If you make malicious use of other people’s personal information, or infringe on other users’ privacy by any means (including but not limited to harassment), we are entitled to restrict or terminate your account privilege and may choose to fully delete your account at any time and we reserve the right to unilaterally terminate this agreement and request you to bear legal liabilities.  

[Users Content and Our Services]

Users must be certain they retain copyright and/or other rights of the contents they submit to our platform. Users should take responsibility for the contents they transmit, upload, post or distribute through STAX either publicly or privately (“contents”, including but not limited to name, title, company, email, phone number, website, address, and any information or copyright contained on graphics). Make sure you have the necessary authorization for submitting such contents. In terms of the information publicized, you agree to give STAX a perpetual worldwide, royalty-free and non-exclusive license to use, duplicate, adapt, modify, create derivative works, translate, disseminate and sublicense  such contents. You also agree to grant STAX the right to seek legal remedies, in the name of itself, against those who infringe the copyright of above information and get all the indemnifications. Make sure you have the necessary authorization for granting us such license. To increase the accuracy of the uploaded information, STAX may check the information you submit as per your prior application and consent. You should double-check the above information to ensure its accuracy.

[Limitation on Liability]

  1. A) User(s) should use STAX correctly, and bear responsibilities and losses by themselves for your improper operation. B) As a user, you fully understand that STAX involves online services, it may meet various risks such as force majeure, or possibly interrupting the service. STAX will attempt to restore services immediately in such cases, however, users should bear such responsibilities and losses by themselves caused hereby, and STAX shall NOT be responsible no matter directly or indirectly. The accidental risks include but not limited to the interruption and or prevention of service caused by the following  reasons: computer virus, Trojan or other malicious programs, or by Hacker’s attack, user’s or STAX’s end-device’s software, system, hardware and telecommunication line happens to breakdown, accidents, natural disaster or acts of government, user’s employment of service is neither provided nor authorized by STAX, other force majeure or factors beyond STAX’s control. C) STAX makes no warrants in any form for unpredictable or uncontrollable technical defects of product, the stability of service, or any losses or damages caused thereby, unless US law expressly mandates otherwise. D) Users acknowledge and agree, if they use any service of STAX, other users could find you based on technology used within STAX, or information shared via STAX. If you provide data to other users, you should be careful to judge the authenticity of the user, and to guard against any possible malicious use by said other user(s). E) To the extent permitted by law, the total liability of STAX for any claims arised herein (including any implied warranties if any), shall be limited to the amount you paid to use STAX services.

[Services “As Is”]

STAX provides services using a commercially reasonable level of skill. We are trying our best to meet the needs of our users and assure the consistency and security of our services to the best of our ability, but we are not able to foresee some legal and technological risks including but not limited to service interruption, data loss and other damages or risks due to force majeure, viruses, Trojans, hackers’ attack, unstable system, defective services provided by third parties, and government actions. You hereby acknowledge and confirm that you use STAX at your own risk.

[Advertisement]

We currently do not use advertisements but by using our service you agree that we reserve the right to post commercial and non-commercial advertisements and/or promotions in STAX.The manner, mode and extent of such advertising/promotions are subject to change withoutspecific notice to users.

[Third Party Services]

In STAX, we allow users to invoke services that are provided by third parties, we only use third parties as needed for the function of our services through APIs and invoke services from third parties as needed however, actual services are provided by third parties in some cases. For related rules, please refer to Terms of Service and Privacy Policy issued by those third parties. We hold no direct or indirect liabilities for any problem or damage incurred by you as a result of using third party services. 

[Information Storage and Synchronization]

You acknowledge and agree to store information related to the use of our software into your own end-device, which will occupy some storage or memory of your end-device. STAX reminds you to set passwords in order to protect information security according to your needs. If any person or persons set and use your account in your end-device, this end-device will add stored card information to your account automatically and store them on STAX’s servers. Users registered account will not be bound to this end-device. When a User is using STAX software in registered condition, any direct modification of card  information in end-device and sever account via web service will be synchronized automatically between end-device and server according to the final result. If any person or persons loses information because of their careless removal of card information, card itself, or account, in any device users are not able to use STAX website or mobile app to restore your cards. STAX’s software controls card information storage, update, and deletion. Users should understand the system’s default settings and adjust it at their own will. STAX will be responsible for the deletion of information, but not failure of or recovery of information stored with STAX system.

[Code of Conduct]

  1. A) When a person or persons are using the service of STAX, they shall firmly agree to  abide by national, international, and local laws and regulations. No one shall produce, reproduce, publish, or spread sensitive or illegal information, or any information or  material which will be regarded as illegal or inappropriate by reasonable people, including but not limited to the following information: opposing to the basic principles of the country’s Constitution, committing acts detrimental to the security of any sovereign nation or it’s citizens, disclosing state secrets to subvert or harm a countries people, inciting ethnic hatred or ethnic discrimination, undermining the state’s religious  policies; spreading obscenity, pornography, gambling, violence, murder, terror or instigating crime; insulting and slandering others, infringing others’ lawful rights and interests; violating the compulsory provisions of laws or administrative regulations. B) A person or persons shall not use STAX for any illegal purposes, or utilize STAX to conduct illegal behaviors, including but not limited to the following: to use STAX for any acts which make adverse influence on the Internet’s normal operation, to steal or illegally visit or abuse other users’ account or account information, to fabricate facts  maliciously and conceal the truth to mislead or cheat others; to publish, transmit, or spread inappropriate advertisement that is not reasonably realted to the account owner’s business for which users would reasonably expect to see, information or spam; initiate, continue or in any form join in any speculative or other illegal plans; use network communication to harass others, to publish, transmit, spread, or store information which infringes legal rights or interests such as intellectual property rights, trade secrets; transmit, spread, or in other ways to present pictures, photos, software or other material files which are protected by intellectual property laws, unless otherwise you have corresponding rights, authority or have received all the necessary ratification to do so, other acts which are forbidden by laws and administrative laws. C) A person or persons shall not engage in any activities which are to the disadvantage of STAX. You are not authorized to engage in any activities which are unauthorized whether explicitly expressed or not, when you are using STAX, this is including but not limited to the following: to remove, delete, or hide STAX’s information about copyright; to reverse engineer, reverse assemble, reverse compiling our software, or in any other way attempt to discover our software’s source code; to retrieve, reproduce, modify, or create any derivative works of STAX’s information (including but not limited to our software or information stored in any end-device when using STAX and mutual information between client and server), of which the forms include but not limited to using plug-ins, external software or unauthorized third party’s tools/services access, interference and influence our software and related system; to restrict, forbid or in other ways interfere and affect other users in using or enjoying services of STAX , including but not limited to release or transfer the following qualities of any information or software: including worm, virus, Trojans, or other detrimental function, or generated flow capacity which is to interfere with others’ use, function, or information retrieval; to automatically visit(or attempt to visit) STAX, or violate prescribed rules in STAX software and service’s related program’s (robots.txt) or any other similar files; to use, lease, lend, reproduce, modify, interlink, reprint, compile, issue, publish, establish mirror image websites of STAX’s related information; any operation stems from manipulated or distorted purposes, or any operation that possibly undermines STAX’s rating or perception; other acts which are not explicitly authorized by STAX. D) If anyone conducts previously mentioned behaviors, that person or persons shall bear the corresponding responsibility independently while STAX bears no responsibility whatsoever. You should make compensation for any damages according to laws, and STAX will reserve the rights to seek legal remedies to recover damages and compensation, if any. E) If a user violates this agreement’s provisions, any claims, requests, or damages including reasonable legal counsel fees generated from any third parties therefrom, user shall agree to compensate STAX so as to protect STAX from losses.

(Intellectual Property)

All person or persons using STAX system acknowledge and agree that STAX possesses any and all the lawful rights and interests of STAX, including any intellectual property rights of software and/or service (no matter whether such right or interest is registered or not, nor such right or interest exists in any country or state). The information in Stax  Mobile App includes: personal name, card information, words, software, voices, photos, videos, diagrams, all contents in advertisements, the commercial information we offer and  all items that can be directly attributed to STAX. The contents of STAX’s information are protected by copyright, patent, trademark as well as other related laws and regulations. You are allowed to use these contents only with STAX authorization; no arbitrary reproduction, modification or compilation of these contents or the creation of related derivative products are permitted, unless you have otherwise received written agreement with STAX, this agreement does not authorize you to use STAX’s software title, trade name, trademark, service mark, logo, domain name and/or any other identification with notable brand features. 

[Discontinuation, Suspension and Termination]

  1. A) Users can stop using our Services at any time by uninstalling the app from your end-device, STAX will never intentionally delete your account as it relates to your personally identifiable information provided when you signed up for the service, unless  your account is inactive for more than 2 years (365 days x 2) consecutively, which would be our indication that you no longer use the services, and we reserve the right to delete your account if we believe this to be true. We will attempt to notify you that your account is going to be deleted before doing so. You can delete any individual card through the app at any time that is linked to your account, with the “My Card” feature, either locally or globally. Any card that is not tied to an account with the “My Card” feature enabled, can be deleted on your account only. B)We are constantly changing and improving our services, we highly recommend you to update in time however, you can choose whether to accept the update or not. If you choose not to update, we can not guarantee or provide you with latest updated services, any result of this decision will be barred by the users C)We reserve the right to modify, discontinue, suspend or terminate our service at any time. Before any action is adopted, we will normally try our best to give you reasonable notice in advance.D)Users agree that STAX may, without prior notice, immediately terminate, limit your access to or suspend your service account, or access to STAX in event of any of the following: (1) personal information you provide is inaccurate, fake or illegal; (2) breaching or violation of this agreement; (3) no sufficient payment is paid to us; (4) requirement according to law or related government department; (5 Other situation as we deem necessary. E) If your account is not used in 2 years months consistently, we reserve the  right to terminate your service account, in order to avoid any waste of resources. The losses (including but not limited to loss of information, etc.) therefrom should be borne by yourself. F)The account may be canceled if user terminates using any of our services. We reserve the right to delete all the information of your account completely, and shall no longer undertake any obligation to you.
  2. [Severability of Agreement]

If any term or clause herein is not enforceable or defined by law court or arbitration to be invalid, the rest of the terms remain effective. 

[Applicable laws and Disputes Settlement]

A)This agreement shall be governed in accordance with the laws of the United States. B) In the event there is a dispute between a user and STAX, both parties shall attempt to settle the dispute amicably. If you are dissatisfied with the result thereof and seek to file a legal claim against us, you agree to file and resolve it exclusively in a court located in the state of Delaware in the United States. C) All subtitles of this agreement are only for convenience to read and have no practical significance, and thus shall not be used as the basis for interpretation. 

[Language]

This agreement is written in United States and English, which are equally  effective. In case of any discrepancy between the United States version and English translation, the United States text shall prevail.

[Miscellaneous]

We normally will post notice concerning modifications or changes of the services or other important matters on our website, or via e-mail or by other reasonable means. It shall be deemed as you have been properly served as soon as you receive the email or the notice or announcement has been on the website for 30 days. We welcome your feedback about the STAX Services. Unless otherwise expressly declared, any communications you send to us are deemed to be submitted on a non-confidential basis. You agree that we may decide to publicize such contents at our own discretion. You agree to authorize us to make use of such contents for free, and revise, modify, adjust and change contextually, or make any other changes as we need or feel appropriate. If you have any comments or suggestions on any part of the services or any part of this Terms of Service please feel free to contact us through the customer service department (STAX@STAXMOBILEAPP.COM). We will do everything we can give you reasonable help and support.

[Conclusion of Agreement]

Use or registration with STAX means to us that you have read and accepted our terms. If you do not agree to this agreement, stop immediately and do NOT use our software or services.