TactStack T&C
Terms and Conditions for TactStack Site and App Usage
YOU ARE LEGALLY BOUND TO THIS. YOU SHOULD READ IT.
Effective Date: 5/16/2026
Last Updated: 5/15/2026
Welcome to TactStack.com (the “Website”). This Terms of Use Agreement (the “Agreement”) is made and entered into by and between you and TactStack (the “Company”, “us”, “we”, or “our”). This Agreement sets forth the terms and conditions that govern your use of and access to the Website and any products, materials, and services provided by or on the Website (collectively, the “Services”).
1. Acceptance of this Agreement
1.1 Acceptance Through Using or Accessing the Services.
Please review the following terms carefully. By accessing or using the Services (or by clicking on “accept” or “agree” to this Agreement when prompted), you agree to be bound by the terms and conditions of this Agreement on behalf of yourself or the entity or organization that you represent.
If you do not agree to the terms and conditions of this Agreement, you may not use or access the Services and must exit the Website immediately.
1.2 Eligibility Requirements to Use or Access the Services.
To use the Website or any other Services, you must be (i) at least 18 years old, (ii) a resident of the United States, (iii) an owner or member of a federally legal, United States based business, and (iv) not a competitor of or using the Services for purposes that are competitive with the Company.
By accessing or using the Services, you represent and warrant that you meet all the foregoing eligibility requirements. You also represent and warrant that you have the right, authority, and capacity to enter into this Agreement on your behalf or the entity or organization that you represent.
If you do not meet all these requirements, you may not use or access the Services.
1.3 Changes to this Agreement.
The Company reserves the right to change this Agreement from time to time in its sole discretion. Except for changes made for legal or administrative purposes, the Company will provide reasonable advance notice before the changes become effective. All changes will apply to your use of and access to the Services from the date the changes become effective and onwards. For new users, the changes will be effective immediately.
Your continued use of or access to the Services following any changes to this Agreement shall constitute your acknowledgment of such changes and agreement to be bound by the terms and conditions of such changes.
You should check this page frequently so that you are aware of any changes since they are binding on you.
2. Access to the Services
2.1 Changes to Your Access and the Services.
Changes to Your Access and the Services. The Services may change from time to time as the Company evolves, refines, or adds more features to the Services. The Company reserves the right to modify, withdraw, or discontinue the Services, in whole or in part, at any time without notice to you.
You agree that the Company shall have no liability to you or any third party for any losses or damages caused by the Services not being available, in whole or in part, at any time or for any period.
2.2 Creating an Account.
You may be required to register for an account and provide certain information about yourself to access the Services or certain features of the Services. You promise to provide us with accurate, complete, and updated information about yourself. The Company may have different types of accounts for different users. If you connect to any Services with a third-party service, you grant us permission to access and use your information from such service as permitted by that service to store your login credentials for that service. All information that you provide will be governed by our Privacy Policy.
You consent to all actions that we may take with respect to your information consistent with our Privacy Policy .
2.3 Account Responsibilities.
You are entirely responsible for maintaining the confidentiality of your password and account. You are also entirely responsible for any and all activities associated with your account. Your account is personal to you and you agree not to provide any other person with access to the Services or any portions of it using your username, password, or other security information. You should ensure that you exit from your account at the end of each session. You should use extra caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You may not transfer your account to anyone else without our prior written permission. You agree to notify the Company immediately of any actual or suspected unauthorized use of your account or any other breach of security. The Company will not be liable for any losses or damages arising from your failure to comply with the above requirements.
You will be held liable for losses or damages incurred by the Company or any third party due to someone else using your account or password.
2.4 Termination or Deletion of an Account.
The Company shall have the right to suspend or terminate your account at any time in our sole discretion for any or no reason, including if we determine that you have violated any terms or conditions of this Agreement.
3. Policy for Using the Services
3.1 Prohibited Uses.
You may use the Services for lawful purposes only and in accordance with this Agreement. You agree not to use the Services in any way that could damage the Services or general business of the Company. You may use the Services for any business or commercial purposes.
3.2 Prohibited Activities.
You further agree not to engage in any of the following prohibited activities in connection with using the Services:
(a) No Violation of Laws or Obligations. Violate any applicable laws or regulations (including intellectual property laws and right of privacy or publicity laws) or any contractual obligations.
(b) No Unsolicited Communications. Send any unsolicited or unauthorized advertising, promotional materials, spam, junk mail, chain letters, or any other form of unsolicited communications, whether commercial or otherwise.
(c) No Impersonation. Impersonate others or otherwise misrepresent your affiliation with a person or entity in an attempt to mislead, confuse, or deceive others.
(d) No Harming of Minors. Exploit or harm minors in any way, including exposing inappropriate content or obtaining personally identifiable information.
(e) Compliance with Content Standards. Upload, display, distribute, or transmit any material that does not comply with the Content Standards set out below in this Agreement.
(f) No Interference with Others’ Enjoyment. Harass or interfere with anyone’s use or enjoyment of the Services, or expose the Company or other users to liability or other harm.
(g) No Interference or Disabling of the Services. Use any device, software, or routine that interferes with the proper working of the Services, or take any action that may interfere with, disrupt, disable, impair, or create an undue burden on the infrastructure of the Services, including servers or networks connected to the Website.
(h) No Monitoring or Copying Material. Copy, monitor, distribute, or disclose any part of the Services by automated or manual processes, devices, or means. This includes, without limitation, using automatic devices such as robots, spiders, offline readers, crawlers, or scrapers to strip, scrape, or mine data from the Website; provided, however, that the Company conditionally grants to the operators of public search engines revocable permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials.
(i) No Viruses, Worms, or Other Damaging Software. Upload, transmit, or distribute to or through the Services any viruses, Trojan horses, worms, logic bombs, or other materials intended to damage or alter the property of others, including attacking the Services via a denial-of-service or distributed denial-of-service attack.
(j) No Unauthorized Access or Violation of Security. Violate the security of the Services through (i) any attempt to gain unauthorized access to the Services or to other systems or networks connected to the Services, (ii) the breach or circumvention of encryption or other security codes or tools, or (iii) data mining or interference to any server, computer, database, host, user, or network connected to the Services.
(k) No Reverse Engineering. Reverse engineer, decompile, or otherwise attempt to obtain the source code or underlying information of or relating to the Services.
(l) No Collecting User Data. Collect, harvest, or assemble any data or information regarding any other user without their consent. This includes, without limitation, their emails, usernames, or passwords.
(m) No Other Interference. Otherwise attempt to interfere with the proper working of the Services.
(n) Attempt or Assist Others in Attempting. Attempt any of the foregoing or assist, permit, or encourage others to do or attempt any of the foregoing.
3.3 Geographic Restrictions.
TactStack is based in the United States. The Services are for use by persons located in the United States only. By choosing to access the Services from any location other than the United States, you accept full responsibility for compliance with all local laws.
TactStack makes no representations that the Services or any of its content are accessible or appropriate outside of the United States.
4. Terms and Conditions of Sale
4.1 Purchasing Process.
Any steps taken from choosing Services to order submission form part of the purchasing process.
The purchasing process includes these steps:
(a) By clicking on the checkout button, users open the third-party merchant checkout section, wherein they will have to specify their contact details and a payment method of their choice.
(b) After providing all the required information, users must carefully review the order and, subsequently, confirm and submit it by using the relevant button or mechanism on the Website, hereby accepting these Terms and committing to pay the agreed-upon price.
4.2 Order Submission.
When you submit an order, the following applies:
(a) The submission of an order determines contract conclusion and therefore creates for you the obligation to pay the price, taxes, and possible further fees and expenses, as specified on the order page.
(b) In case the purchased Services requires active input from you, such as the provision of personal information or data, specifications or special wishes, the order submission creates an obligation for you to cooperate accordingly.
(c) Upon submission of the order, users will receive a receipt confirming that the order has been received.
All notifications related to the described purchasing process shall be sent to the email address provided by you for such purposes.
4.3 Prices.
You are informed during the purchasing process and before order submission, about any fees, taxes and costs (including, if any, delivery costs) that you will be charged.
4.4 Methods of Payment.
Information related to accepted payment methods are made available during the purchasing process. Some payment methods may only be available subject to additional conditions or fees. In such cases related information can be found in the dedicated section of the Website. All payments are independently processed through third-party services. Therefore, the Website does not collect any payment information — such as credit card details — but only receives a notification once the payment has been successfully completed. If payment through the available methods fail or is refused by the payment service provider, the Company shall be under no obligation to fulfill the purchase order.
Any possible costs or fees resulting from the failed or refused payment shall be borne by you.
4.5 Retention of Usage Rights.
You do not acquire any rights to use the purchased Services until the total purchase price is received by the Company.
5. Contract Duration
5.1 Subscriptions.
Subscriptions allow you to receive Services continuously or regularly over a determined period of time. Paid subscriptions begin on the day the payment is received by the Company. In order to maintain subscriptions, you must pay the required recurring fee in a timely manner.
Failure to do so may cause service interruptions.
5.2 Fixed-term Subscriptions.
Paid fixed-term subscriptions start on the day the payment is received by the Company and last for the subscription period chosen by you or otherwise specified during the purchasing process. Once the subscription period expires, the Services shall no longer be accessible, unless you renew the subscription by paying the relevant fee.
Fixed-term subscriptions may not be terminated prematurely and shall run out upon expiration of the subscription term.
5.3 Automatic Renewal.
Subscriptions are automatically renewed through the payment method that you chose during purchase unless you cancel the subscription within the deadlines for termination specified in the relevant section of these Terms and/or Website. The renewed subscription will last for a period equal to the original term.
You shall receive a reminder of the upcoming renewal with reasonable advance, outlining the procedure to be followed in order to cancel the automatic renewal.
5.4 Termination.
Recurring subscriptions may be terminated at any time by sending a clear and unambiguous termination notice to the Company using the contact details provided in this document, or — if applicable — by using the corresponding controls inside the Website.
5.5 Termination Notice.
If the notice of termination is received by the Company before the subscription renews, the termination shall take effect as soon as the current period is completed.
5.6 License Grant for SaaS Access.
Subject to your continued compliance with this Agreement and timely payment of all applicable fees, the Company grants you a limited, revocable, non-exclusive, non-transferable, and non-sublicensable license to access and use the Services for your internal business purposes during the subscription term. This license terminates automatically upon non-payment, suspension, cancellation, or termination of your account for any reason.
5.7 Subscription Plans, Seats, and Add-Ons.
(a) $1497 Plan. The $1497/month plan includes up to ten (10) user seats per account. Additional seats beyond ten are not included and may require an upgrade to a higher plan.
(b) $997 Plan. The $997/month plan includes truly unlimited user seats per account, subject to the prohibitions on abuse, resale, and competitive use described elsewhere in this Agreement.
(c) Optional Add-Ons. You may purchase optional add-ons at any time, including (without limitation) Workflow Pros, the AI Employee, the SEO upgrade, and the Listings Pack add-on. Add-ons are billed in addition to your base subscription, are governed by these Terms, and follow the same payment, suspension, and refund rules as the underlying subscription unless expressly stated otherwise in writing.
(d) Usage Fees. Certain features and add-ons may incur metered or usage-based fees (including, without limitation, AI, messaging, calling, email, and similar consumption fees). Usage fees are non-refundable once incurred.
5.7A Managed Tech Plan.
The Managed Tech plan is a separate, fixed-term managed-service engagement and is not a standard month-to-month SaaS subscription. By enrolling in Managed Tech, you agree to the following terms, which control over any conflicting provision elsewhere in this Agreement as applied to Managed Tech:
(a) Scope of Service. Managed Tech includes one (1) strategic meeting per month and one (1) project built per month for the client. A "project" is a single discrete build, scoped collaboratively during the strategic meeting and intended to be completable within the month. Some projects (such as a website or custom development work) may legitimately span multiple months; in those cases, the Company will inform the client during a strategy meeting and will obtain the client's approval before beginning any multi-month project. Multi-month projects count as the client's project for each month they are in progress.
(b) Pricing. Managed Tech starts at $4,000 per month and may be priced higher depending on the scope, complexity, and ongoing needs of the client. Final pricing is determined and agreed upon during the fit call prior to enrollment and is reflected on the client's order form or invoice.
(c) Commitment Terms. Managed Tech is offered in three (3) commitment options: three (3) months, six (6) months, or twelve (12) months. The committed term begins on the date of the first payment and is billed monthly for the duration of the term.
(d) Auto-Renewal. At the end of the initial committed term, Managed Tech automatically renews for another full term of the same length (3, 6, or 12 months) at the then-current rate, unless the client provides written notice of non-renewal to cancellations@tactstack.com at least thirty (30) days before the end of the then-current term. Each renewal term is itself a committed term subject to this Section 5.7A.
(e) Software Access. Managed Tech may or may not include access to the TactStack software platform, as determined by the Company based on the situational needs of the engagement. Where software access is included, it is provided as a limited license tied to active payment under Managed Tech and terminates automatically when Managed Tech ends, when payment lapses, or when the engagement is otherwise terminated.
(f) No Refunds. All Managed Tech fees are non-refundable under any circumstance. The 90-Day Satisfaction Refund described in Section 5.10 does not apply to Managed Tech.
(g) Unused Meetings or Projects. The monthly strategic meeting and monthly project allotment are use-it-or-lose-it. Unused meetings or projects do not roll over to subsequent months, do not accrue, and are not refundable or creditable in any form, including upon termination or non-renewal.
(h) Early Cancellation by Client. If the client cancels Managed Tech before the end of the then-current committed term for any reason other than the Company's termination under Section 5.7A(i), the client remains obligated to pay the full remaining balance of the committed term, which becomes immediately due and payable upon cancellation. The Company may charge the client's payment method on file for the remaining balance.
(i) Termination by Company. The Company may terminate the Managed Tech engagement at any time, for any reason or no reason, by providing thirty (30) days' written notice (email to the client's billing contact is sufficient). After the conclusion of the notice period, no further Managed Tech payments will be owed by the client. Fees already paid or accrued through the end of the notice period remain non-refundable.
(j) Intellectual Property in Managed Tech Deliverables. Subject to client's payment of all amounts owed under this Agreement, the client owns all custom deliverables and work product created specifically for the client by the Company under Managed Tech (the "Client Deliverables"). The Client Deliverables expressly exclude: (i) the TactStack software platform itself and the underlying platform vendor's software, (ii) any pre-existing Company or vendor templates, snapshots, workflows, automations, prompts, code libraries, tools, or know-how, and (iii) any third-party software or content. Items in (i)–(iii) remain the property of the Company, its vendors, or its licensors, and any license to use such items is contingent on the client's continued payment to the Company and terminates when payment ceases.
(k) Other Terms Apply. Except where this Section 5.7A expressly states otherwise, all other provisions of this Agreement (including, without limitation, acceptable use, no guarantees of results, security, force majeure, and dispute resolution) apply to Managed Tech.
5.8 Failed Payments and Automatic Suspension.
If any payment for your subscription or add-ons fails for any reason, your account — and all users associated with your account — will be immediately and automatically locked out of the Services until the outstanding balance is paid in full. Suspension applies to the entire account regardless of which user attempted the action that triggered billing. The Company is not required to provide advance notice of suspension beyond the standard receipts and dunning notifications sent by our payment processor.
There is no proration, no discount, and no refund for any period during which your account is suspended for non-payment.
5.9 No Proration; No Discounts; No Refunds (Except as Stated).
Except as expressly set forth in Section 5.10 below or as separately agreed by the Company in writing, all fees are non-refundable, no partial-month or partial-period proration is offered, and no discounts are available retroactively. Cancellation does not entitle you to a refund of any fees already paid.
For the avoidance of doubt, the Managed Tech plan is fully non-refundable under all circumstances as set forth in Section 5.7A, and the 90-Day Satisfaction Refund in Section 5.10 does not apply to Managed Tech.
For a plain-English summary of these rules and step-by-step instructions on how to cancel or request a refund, see the Refund & Chargeback Policy. The Policy is a summary only; this Section 5 controls in any conflict.
5.10 90-Day Satisfaction Refund.
If, within the first ninety (90) days of your initial paid subscription, you determine that the Services are not the right fit for your business, you may request a refund of the subscription fees you have paid during that 90-day period, subject to the following:
(a) What Is Refundable. Only recurring subscription fees are eligible for refund. Setup fees, onboarding fees, white-glove implementation fees, add-on purchases, and any usage-based fees (including but not limited to AI, messaging, calling, email, and other metered usage) are not refundable.
The 90-Day Satisfaction Refund applies only to standard month-to-month SaaS subscriptions (e.g., the $1497 and $997 plans). It does not apply to the Managed Tech plan, which is governed exclusively by Section 5.7A and is non-refundable.
(b) Stripe Fees Deducted. Refunds will be issued net of any payment processing fees retained by Stripe (or any other payment processor) on the original transactions. The Company does not absorb processor fees on refunded transactions.
(c) How to Request. To request a refund, you must email cancellations@tactstack.com on or before the 90th day following the start of your initial paid subscription. Requests received after the 90-day window will not be eligible.
(d) Processing Time. Refund requests are typically authorized within five to seven (5–7) business days of receipt, and the refund itself will be issued within thirty (30) days of authorization.
(e) One-Time Offer. The 90-day satisfaction refund is available one time per customer and does not apply to renewals, plan changes, reactivations, or subsequent subscriptions.
5.11 Customer Data Ownership.
All account information, contacts, records, content, and other data you create, import, or generate within the Services (collectively, your "Customer Data") belong to you, even where the Company or its team has configured, built, or set up assets on your behalf. The Company does not claim ownership of your Customer Data and will not sell or repurpose it for any party other than you, except as required to operate the Services or as permitted by the Privacy Policy.
You remain responsible for the lawfulness, accuracy, and appropriate use of your Customer Data, and for maintaining your own backups and exports as you deem necessary.
5.12 Leaving TactStack and Account Ejection.
If you choose to discontinue your subscription, you may take your Customer Data with you. You acknowledge and agree to the following:
(a) Loss of Support. Once you leave TactStack, you will no longer have access to the Company's support line, onboarding assistance, managed services, or any other Company-provided support associated with your account.
(b) Eject to Your Own Instance. At your written request, the Company will use the underlying platform's standard built-in eject feature to transfer your account from the Company's white-labeled environment into a stand-alone instance owned and operated by you. After ejection, your relationship for platform services will be directly with the underlying platform provider, and the Company will no longer have administrative access to or responsibility for your account.
(c) No Agency-to-Agency Transfers. Under no circumstances will the Company transfer your account directly from the Company's environment to another agency, reseller, or third-party administrator. Ejection to your own instance is the only supported migration path off of TactStack.
(d) Post-Ejection Fees and Responsibilities. Following ejection, all platform fees, configuration, integrations, and ongoing administration of your account become your sole responsibility. The Company is not liable for any changes, issues, or losses that occur after the eject is completed.
(e) Outstanding Balances. Ejection requests will not be processed until all outstanding balances owed to the Company have been paid in full.
5.13 Communications Providers and Carrier Limitations.
(a) Third-Party Telephony and Messaging. Email, SMS, voice, and related communications delivered through the Services are powered by third-party providers, including Twilio (specifically the Lead Connector edition of Twilio used through our underlying platform). Your use of these features is also subject to the applicable third-party providers' terms of service and acceptable use policies.
(b) Usage Fees Subject to Change. AI fees, telephony fees, messaging fees, and all other usage-based fees are subject to change at any time as a result of pricing changes by our upstream providers (carriers, AI model providers, and the underlying platform) or at the Company's discretion. The Company will give as much advance notice as reasonably possible, but pricing may change with little or no notice when driven by upstream providers. The current rates and the date of the most recent pricing update are always published at https://managed-tech.tactstack.com/usage, and you are responsible for reviewing that page before relying on prior quoted rates.
(c) Carrier and Platform Limitations. TactStack is a software platform that integrates third-party communications providers — we are not a mobile carrier, telephony provider, email service provider, or the underlying platform vendor, and we do not control any of them. Deliverability, latency, blocking, filtering, message rejection, number registration, A2P 10DLC enforcement, suspension of telephony numbers, and similar carrier- or platform-side actions are outside of our control.
(d) Support Role. If you have a complaint or concern related to a third-party carrier or the underlying platform, our support team will step in to assist where they reasonably can — including opening tickets with the upstream provider on your behalf — but you acknowledge that our ability to influence outcomes is limited because we are not the underlying provider. The Company is not liable for losses, missed messages, blocked numbers, deliverability issues, or service interruptions caused by carriers, telephony providers, email providers, AI model providers, or the underlying platform.
5.14 No Guarantees of Results.
The Company makes no promises, representations, warranties, or guarantees of any kind regarding business or financial outcomes from your use of the Services, including (without limitation) leads, appointments, opportunities, sales, conversion rates, return on ad spend, revenue, profit, costs, cost-per-lead, cost-per-acquisition, deliverability rates, or any other performance or financial metric. Any examples, case studies, projections, screenshots, or testimonials shown anywhere in our marketing materials, on our Website, or during sales conversations are provided for illustrative purposes only and are not a guarantee that you will achieve the same or similar results. Your results depend on factors outside of the Company's control, including your offer, market, pricing, sales process, follow-up discipline, and team execution.
5.15 Acceptable Use; Sub-Accounts and User Management.
(a) Lawful and Fair Use. You agree to use the Services only for lawful business purposes and in a fair, reasonable manner consistent with this Agreement. You are responsible for ensuring that your use, your users' use, and any contacts or content you load into the Services comply with all applicable laws and regulations (including TCPA, CAN-SPAM, GDPR/CCPA where applicable, and carrier rules such as A2P 10DLC).
(b) No Building of Competing Platforms. You may not use the Services, your account, or any data accessed through the Services to develop, train, support, or accelerate a competing software platform, marketing platform, CRM, or communications platform.
(c) Private Integration Tokens. You may create private integration tokens within your sub-account and use those tokens to integrate the Services with your other internal systems. This is an expected and permitted use.
(d) Additional Sub-Accounts. Each additional sub-account beyond the one included with your subscription is $97 per month per additional sub-account, billed in addition to your base subscription. Pricing for additional sub-accounts is subject to change consistent with Section 5.13.
(e) Users Across Multiple Sub-Accounts. A single user may belong to more than one sub-account on your plan, which is permitted. Once a user has been added to multiple sub-accounts, only the Company can fully remove that user from all sub-accounts; sub-account-level removal does not by itself revoke that user from every sub-account they belong to. Email cancellations@tactstack.com (or open a support ticket) to request a full removal.
5.16 No Uptime Guarantee; No Business Liability.
The Services are provided on a commercially reasonable, "as-available" basis. The Company does not guarantee any specific level of uptime, availability, response time, or throughput, and is not responsible for losses to your business — including lost revenue, lost leads, missed messages, or downstream operational impact — caused by service interruptions, third-party outages, carrier issues, integration failures, or any other event affecting the Services. You are solely responsible for the operation, profitability, and continuity of your business.
5.17 Security Practices and Breach Notification.
(a) Reasonable Safeguards. The Company applies commercially reasonable administrative, technical, and physical safeguards designed to protect your account and data. Internally, this includes the use of multi-factor authentication on the underlying platform that powers the Services, multi-factor authentication on Google Workspace (which the underlying platform is built on top of and which the Company also uses internally), and the use of ClickUp for internal communication and project management.
(b) Privacy and GDPR. The Company follows the GDPR-related controls and data-processing posture made available by the underlying platform that powers the Services, in addition to the practices described in our Privacy Policy.
(c) No Absolute Security. You acknowledge that no system, product, or service is or ever will be 100% secure. The Company does not warrant that the Services will be free from unauthorized access, vulnerabilities, or data loss.
(d) Breach Notification. In the event of a confirmed data breach affecting your account, the Company will notify affected users by email within seven (7) days of confirmation of the breach, acknowledging the incident and providing a reasonable ETA for further updates and remediation as the investigation progresses.
5.18 Force Majeure.
The Company shall not be liable for any failure to perform, or delay in performance of, any of its obligations under this Agreement that is caused by events beyond its reasonable control, including (without limitation) acts of God, natural disasters, fire, flood, earthquakes, severe weather, pandemics or epidemics, war, terrorism, civil unrest, riots, government actions or sanctions, labor disputes or strikes, internet or telecommunications outages, power failures, cloud-provider or carrier outages, third-party platform outages, denial-of-service attacks, and other cyber incidents originating outside the Company's systems ("Force Majeure Events"). Performance obligations affected by a Force Majeure Event will be suspended for the duration of the event and the Company will use commercially reasonable efforts to resume performance as soon as reasonably practicable.
5.19 Termination for Breach; Long-Unpaid Account Deletion.
(a) Termination for Breach. The Company may, in its sole discretion, suspend or terminate any user, sub-account, or entire account that violates this Agreement (including, without limitation, the prohibitions in Sections 3 and 5.15), with or without prior notice. No refund is owed for accounts terminated for breach.
(b) Six-Month Non-Payment Deletion. If an account remains in a non-paid status for six (6) consecutive months, the Company reserves the right to immediately and permanently delete the account, all associated users, and all associated data — including (without limitation) contact records, notes, pipeline data, conversations, attachments, automations, and configuration. Deletion under this provision is irreversible and the Company will have no obligation to restore any deleted data. You are solely responsible for exporting your data before the six-month threshold or for keeping your account in good standing.
5.20 Optional Features and Wallet Billing.
Certain features of the Services — including, without limitation, AI features used across the platform, AI voice, conversation AI, content AI, and external model usage — are optional and are billed through the agency wallet or your sub-account wallet on a usage basis as described on the Usage page. You may choose to use none, some, or all of these optional features at your discretion. Disabling or not using an optional feature will avoid the associated usage charges for that feature, but does not change your base subscription fee.
5.21 User Roles, Team Access, and Outside Collaborators.
(a) Two Roles Only. Each sub-account supports only two user types: Admin and User. Admins can configure the sub-account, manage users, and manage permissions. Users have permissions assigned to them by the Admins of that sub-account. The Company does not support any additional, custom, or hybrid role types beyond Admin and User, and is not obligated to build or expose any.
(b) Team Permissions. Your team members have the same baseline abilities as any other user, scoped by the user-level permissions set by your Admins. You are responsible for assigning, reviewing, and revoking those permissions.
(c) Outside Agencies and Collaborators. You may invite outside agencies, marketing agencies, consultants, accountants, fractional staff, or other third-party collaborators into your account as Admins or Users. Each Admin may add their own users to the account. You are fully responsible for the actions, access, and conduct of any third party you invite, including their compliance with this Agreement, their handling of your Customer Data, and any usage fees they incur. The Company is not a party to your relationship with any outside collaborator.
5.22 No Reverse Engineering; No IP Theft.
You agree that you will not, and will not permit, encourage, or assist any other party (including your users, contractors, or any outside collaborators invited under Section 5.21) to:
(a) reverse engineer, decompile, disassemble, decrypt, or otherwise attempt to derive or reconstruct the source code, underlying ideas, algorithms, file formats, data models, or non-public APIs of the Services, the underlying platform that powers the Services, or any related software;
(b) copy, scrape, mirror, replicate, fork, or otherwise misappropriate the Services, the underlying platform, or any of their interfaces, workflows, templates, prompts, configurations, or design elements for the purpose of building, training, supporting, or improving any competing or substantially similar product, service, model, or platform;
(c) remove, obscure, or alter any proprietary notices, trademarks, branding, watermarks, or attribution displayed within or generated by the Services; or
(d) infringe, misappropriate, or otherwise interfere with the intellectual property rights of the Company, the underlying platform vendor, or any of our or their licensors.
The Company and the underlying platform vendor each retain all right, title, and interest in and to their respective intellectual property. Any breach of this Section 5.22 is a material breach of this Agreement and grounds for immediate suspension or termination under Section 5.19 without refund, in addition to any other remedies available at law or in equity.
6. Intellectual Property Rights
6.1 Ownership of Intellectual Property.
You acknowledge that all intellectual property rights, including copyrights, trademarks, trade secrets, and patents, in the Services and its contents, features, and functionality (collectively, the “ Content”), are owned by the Company, its licensors, or other providers of such material. The Content is protected by U.S. and international intellectual property or proprietary rights laws. Neither this Agreement nor your access to the Services transfers to you any right, title, or interest in or to such intellectual property rights.
Any rights not expressly granted in this Agreement are reserved by the Company and its licensors.
6.2 License to Use the Services.
During the Term of this Agreement, the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to use and access the Content for any business or commercial use in accordance with this Agreement. The Content may not be used for any other purpose.
This license will terminate upon your cessation of use of the Services or at the termination of this Agreement.
6.3 Certain Restrictions.
The rights granted to you in this Agreement are subject to the following restrictions:
(a) No Copying or Distribution. You shall not copy, reproduce, publish, display, perform, post, transmit, or distribute any part of the Content in any form or by any means except as expressly permitted herein or as enabled by a feature, product, or the Services when provided to you.
(b) No Modifications. You shall not modify, create derivative works from, translate, adapt, disassemble, reverse compile, or reverse engineer any part of the Content.
(c) No Exploitation. You shall not sell, license, sublicense, transfer, assign, rent, lease, loan, host, or otherwise exploit the Content or the Services in any way, whether in whole or in part.
(d) No Altering of Notices. You shall not delete or alter any copyright, trademark, or other proprietary rights notices from copies of the Content.
(e) No Competition. You shall not access or use the Content in order to build a similar or competitive website, product, or service.
(f) Systematic Retrieval. You shall not use any information retrieval system to create, compile, directly or indirectly, a database, compilation, collection or directory of the Content or other data from the Services.
6.4 Trademark Notice
All trademarks, logos, and service marks displayed on the Services are either the Company’s property or the property of third parties. You may not use such trademarks, logos, or service marks without the prior written consent of their respective owners.
7. User Content
7.1 User Generated Content.
The Services may contain message boards, chatrooms, profiles, forums, and other interactive features that allow users to post, upload, submit, publish, display, or transmit to other users or other persons content or materials (collectively, “User Content”) on or through the Services.
You are solely responsible for your User Content. Please consider carefully what you choose to share. All User Content must comply with the Content Standards set forth below. Any User Content you post on or through the Services will be considered non-confidential and non-proprietary. You assume all risks associated with the use of your User Content. This includes any reliance on its accuracy, completeness, reliability, or appropriateness by other users and third parties, or any disclosure of your User Content that personally identifies you or any third party.
You agree that the Company shall not be responsible or liable to any third party for any User Content posted by you or any other user of the Services.
You further agree that the Company shall not be responsible for any loss or damage incurred as the result of any interactions between you and other users. Your interactions with other users are solely between you and such users.
If there is a dispute between you and any other user, we are under no obligation to become involved.
7.2 License.
You hereby grant to the Company an irrevocable, non-exclusive, royalty-free and fully paid, transferable, perpetual, and worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, and to grant sublicenses of the foregoing rights, in connection with the Services and the Company’s business including, without limitation, for promoting and redistributing part or all of the Services in any media formats and through any media channels.
You represent and warrant that you have all the rights, power, and authority necessary to grant the rights granted herein to any User Content that you submit. You hereby irrevocably waive all claims and have no recourse against us for any alleged or actual infringement or misappropriation of any proprietary rights in any communication, content, or material submitted to us. Please note that all of the following licenses are subject to our Privacy Policy to the extent they relate to any User Content that contains any personally identifiable information.
7.3 Content Standards.
You agree not to send, knowingly receive, upload, transmit, display, or distribute any User Content that does not comply with the following standards (“Content Standards”). User Content must not:
(a) Violate Laws or Obligations. Violate any applicable laws or regulations (including intellectual property laws and right of privacy or publicity laws), or any contractual or fiduciary obligations.
(b) Promote Illegal Activity or Harm to Others. Promote any illegal activity; advocate, promote, or assist any unlawful act; or create any risk of any harm, loss, or damage to any person or property.
(c) Infringe Intellectual Property Rights. Infringe any copyright, trademark, patent, trade secret, moral right, or other intellectual property rights of any other person.
(d) Defamatory, Abusive, or Otherwise Objectionable Material. Contain any information or material that we deem to be unlawful, defamatory, trade libelous, invasive of another’s privacy or publicity rights, abusive, threatening, harassing, harmful, violent, hateful, obscene, vulgar, profane, indecent, offensive, inflammatory, humiliating to other people (publicly or otherwise), or otherwise objectionable. This includes any information or material that we deem to cause annoyance, inconvenience, or needless anxiety, or be likely to upset, embarrass, alarm, or annoy another person.
(e) Promotion of Sexually Explicit Material or Discrimination. Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
(f) Fraudulent Information or Impersonation. Contain any information or material that is false, intentionally misleading, or otherwise likely to deceive any person including, without limitation, impersonating any person, or misrepresenting your identity or affiliation with any person or organization.
(e) Endorsement by the Company. Represent or imply to others that it is in any way provided, sponsored, or endorsed by the Company or any other person or entity, if that is not the case.
7.4 Monitoring and Enforcement.
We reserve the right at all times, but are not obligated, to:
(a) take any action with respect to any User Content that we deem necessary or appropriate in our sole discretion, including if we believe that such User Content violates the Content Standards or any other provision in this Agreement, or creates liability for the Company or any other person. Such action may include reporting you to law enforcement authorities.
(b) remove or reject any User Content for any or no reason in our sole discretion.
(c) disclose any User Content, your identity, or electronic communication of any kind to satisfy any law, regulation, or government request, or to protect the rights or property of the Company or any other person.
(d) Terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, any violation of this Agreement.
We do not review User Content before it is posted on or through the Services, and therefore cannot ensure prompt removal of questionable User Content. Accordingly, the Company and its affiliates, and their respective officers, directors, employees or agents, assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party.
The Company shall have no liability or responsibility to anyone for performance or non-performance of the activities described in this Section.
7.5 Copyright Infringement (Digital Millennium Copyright Act Policy).
The Company respects the intellectual property of others and expects users of the Services to do the same. It is the Company’s policy to terminate the users of our Services who are repeat infringers of intellectual property rights, including copyrights. If you believe that your work has been copied in a way that constitutes copyright infringement and wish to have the allegedly infringing material removed, please provide the following information in accordance with the Digital Millennium Copyright Act to our designated copyright agent:
(a) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
(b) a description of the copyrighted work that you allege has been infringed;
(c) a description of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled;
(d) a description of where the material that you claim is infringing is located;
(e) your contact information, including your address, telephone number, and email address;a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; anda statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Please note that pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact in a written notification automatically subjects the complaining party to liability for any damages, costs, and attorneys’ fees incurred by us in connection with the written notification and allegation of copyright infringement.
Designated copyright agent for the Company:
NAME: TactStack
ATTN: Copyright Agent — Ben McGary
ADDRESS: 514 Americas Way #14796, Box Elder, SD 57719
TELEPHONE: 605-205-7786
EMAIL: info@tactstack.com
7.6 Feedback to the Company.
If you provide the Company with any feedback or suggestions regarding the Services (“ Feedback”), you hereby assign to the Company all rights in such Feedback and agree that the Company shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. The Company will treat any Feedback that you provide to the Company as non-confidential and non-proprietary.
You agree that you will not submit to the Company any information or ideas that you consider to be confidential or proprietary.
8. Assumption of Risk
The information presented on or through the Services is made available for general information purposes only. The Company does not warrant the accuracy, completeness, suitability, or quality of any such information. Any reliance on such information is strictly at your own risk.
The Company disclaims all liability and responsibility arising from any reliance placed on such information by you or any other user to the Services, or by anyone who may be informed of any of its contents.
9. Privacy
For information about how the Company collects, uses, and shares your information, please review our Privacy Policy. You agree that by using the Services you consent to the collection, use, and sharing (as set forth in the Privacy Policy) of such information.
The Children’s Online Privacy Protection Act requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13 years old. We do not knowingly collect or solicit personally identifiable information from children under 13 years old. If you are a child under 13 years old, please do not attempt to register for the Services or send any personal information about yourself to us. If we learn we have collected personal information from a child under 13 years old, we will delete that information as quickly as possible.
If you believe that a child under 13 years old may have provided us personal information, please contact us.
10. Termination
10.1 Termination.
The Company may suspend or terminate your access or rights to use the Services at any time, for any reason, in our sole discretion, and without prior notice, including for any breach of the terms of this Agreement. Upon termination of your access or rights to use the Services, your right to access and use the Services will immediately cease. The Company will not have any liability whatsoever to you for any suspension or termination of your rights under this Agreement, including for termination of your account or deletion of your User Content.
If you have registered for an account, you may terminate this Agreement at any time by contacting the Company and requesting termination.
10.2 Effect of Termination.
Upon termination of this Agreement, any provisions that by their nature should survive termination shall remain in full force and effect. This includes, without limitation, ownership or intellectual property provisions, warranty disclaimers, and limitations of liability. Termination of your access to and use of the Services shall not relieve you of any obligations arising or accruing prior to termination or limit any liability that you otherwise may have to the Company or any third party.
You understand that any termination of your access to and use of the Services may involve deletion of your User Content associated with your account from our databases.
11. No Warranty
THE SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICES IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, THE COMPANY AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE, COMPLETE, OR CORRECT; THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, ERROR-FREE, OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR REQUIREMENTS OR EXPECTATIONS. TO THE FULLEST EXTENT PROVIDED BY LAW. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE DEVICE, DATA, OR OTHER PROPRIETARY MATERIAL THAT MAY RESULT FROM YOUR USE OF THE SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICES ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR THIRD-PARTY LINKS, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES OR ANY OTHER USER.
THE SERVICES WOULD NOT BE PROVIDED WITHOUT THESE LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SERVICES SHALL CREATE ANY WARRANTY, REPRESENTATION, OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SERVICES, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.
12. Limitation of Liability
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY OR ITS AFFILIATES, OR THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE SERVICES, ANY THIRD-PARTY LINK, OR ANY CONTENT ON THE SERVICES OR SUCH THIRD-PARTY LINK, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF USE, REVENUE, OR PROFIT, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF DATA, LOSS OF GOODWILL, OR DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING THE SERVICES.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
13. Indemnification
You agree to indemnify, defend, and hold harmless the Company and its affiliates and their respective officers, directors, employees, agents, affiliates, successors, and permitted assigns (collectively, “ Indemnified Party”) from and against any and all losses, claims, actions, suits, complaints, damages, liabilities, penalties, interest, judgments, settlements, deficiencies, disbursements, awards, fines, costs, fees, or expenses of whatever kind, including reasonable attorneys’ fees, fees and other costs of enforcing any right to indemnification under this Agreement, and the cost of pursuing any insurance providers, arising out of or relating to your breach of this Agreement or your use or misuse of the Services including, but not limited to, your User Content or any actions taken by a third party using your account.
The Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to assist and cooperate with our defense or settlement of these claims.
14. Disputes
14.1 Governing Law.
All matters relating to this Agreement, and all matters arising out of or relating to this Agreement, whether sounding in contract, tort, or statute are governed by, and construed in accordance with, the laws of the State of South Dakota, without giving effect to any conflict of law principles.
14.2 Dispute Resolution.
Any action or proceeding arising out of or related to this Agreement or the Services shall be brought only in a state or federal court located in the State of South Dakota, County of Pennington, although we retain the right to bring any suit, action, or proceeding against you for breach of this Agreement in your country of residence or any other relevant country. You hereby irrevocably submit to the jurisdiction of these courts and waive the defense of inconvenient forum to the maintenance of any action or proceeding in such venues.
At the Company’s sole discretion, it may require any dispute, claim, or controversy arising out of or relating to this Agreement, or the breach, termination, enforcement, interpretation, or validity thereof, to be submitted to and decided by a single arbitrator by binding arbitration under the rules of the American Arbitration Association in South Dakota. The decision of the arbitrator shall be final and binding on the parties and may be entered and enforced in any court of competent jurisdiction by either party. The prevailing party in the arbitration proceedings shall be awarded reasonable attorneys’ fees, expert witness costs and expenses, and all other costs and expenses incurred directly or indirectly in connection with the proceedings, unless the arbitrator shall for good cause determine otherwise.
All arbitrations shall proceed on an individual basis. You agree that you may bring claims against the Company in arbitration only in your individual capacities and in so doing you hereby waive the right to a trial by jury, to assert or participate in a class action lawsuit or class action arbitration (either as a named-plaintiff or class member), and to assert or participate in any joint or consolidated lawsuit or joint or consolidated arbitration of any kind. Notwithstanding anything to the contrary under the rules of the American Arbitration Association, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. If a court decides that applicable law precludes enforcement of any of this paragraph's limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.
YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU ARE WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
14.3 Limitation to Time to File Claims.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES MUST BE COMMENCED WITHIN [ONE (1) YEAR] AFTER THE CAUSE OF ACTION AROSE; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY WAIVED AND BARRED.
15. Miscellaneous
15.1 Waiver.
Except as otherwise set forth in this Agreement, no failure of the Company to exercise, or delay by the Company in exercising, any right, remedy, power, or privilege arising from this Agreement shall operate or be construed as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
15.2 Severability.
If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
15.3 Entire Agreement.
This Agreement, together with all documents referenced herein, constitutes the entire agreement between you and the Company with respect to the subject matter contained herein.
This Agreement supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the subject matter hereof.
15.4 Headings.
Headings and titles of sections, clauses, and parts in this Agreement are for convenience only. Such headings and titles shall not affect the meaning of any provisions of the Agreement.
15.5 No Agency, Partnership or Joint Venture.
No agency, partnership, or joint venture has been created between you and the Company as a result of this Agreement.
You do not have any authority of any kind to bind the Company in any respect whatsoever.
15.6 Assignment.
You shall not assign or delegate any of your rights or obligations under this Agreement without the prior written consent of the Company. Any purported assignment or delegation in violation of this Section shall be deemed null and void. No assignment or delegation shall relieve you of any of your obligations hereunder. The Company may freely assign or delegate its rights and obligations under this Agreement at any time.
Subject to the limits on assignment stated above, this Agreement will inure to the benefit of, be binding on, and be enforceable against each of the parties hereto and their respective successors and assigns.
15.7 Export Laws.
The Services may be subject to U.S. export control laws and regulations. You agree to abide by these laws and their regulations (including, without limitation, the Export Administration Act and the Arms Export Control Act) and not to transfer, by electronic transmission or otherwise, any materials from the Services to either a foreign national or a foreign destination in violation of such laws or regulations.
16. Contact Information
All notices of copyright infringement claims should be sent to the designated copyright agent as provided in Section 7 (User Content).
All other feedback, comments, requests for technical support, and other communications relating to the Services should be directed to info@tactstack.com .