Stash End-User Terms of Use
OUR AGREEMENT
Welcome to Stash! These Stash End-User Terms (“Stash”) govern your use as an individual user (“User” “you” and “your”) engaging with us (“Consumer Services”) by visiting our website at www.stash.gg (the “Site”), including any other web pages and subdomains we create or host, accessing any integrated product or features, registering for an account and/or purchasing from developers or Stash customers (“Provider” or “Seller”) that license our services (“Stash Services”) to enable Users to pay for items sold by Providers. When you interact with the Consumer Services or otherwise accept these Terms, you are entering a binding contract between you and Fractal Wagmi, Inc. d/b/a Stash (collectively, “Stash” “we” “us” and “our”) and your rights under these Terms may vary according to your access method.
THESE TERMS CONTAIN IMPORTANT INFORMATION AND AFFECT YOUR LEGAL RIGHTS AND INCLUDE A MANDATORY ARBITRATION AGREEMENT AND CLASS ACTION WAIVER WHICH REQUIRE ANY DISPUTES BETWEEN US TO BE RESOLVED THROUGH INDIVIDUAL ARBITRATION (WITH ONLY LIMITED EXCEPTIONS).
Stash reserves the right to modify these Terms at any time. You understand that Stash is continually making changes to the services we offer and the Site, and we may require that you accept updated Terms. Any future release or additions to other services will be subject to these Terms. Your use of the Site or Consumer Services following the posting of any changes to these Terms constitutes acceptance of those changes. By agreeing to these terms, you acknowledge and have read our Privacy Policy and Cookie Statement, which are incorporated by reference into and are part of these Terms.
1. STASH SERVICES FOR CONSUMERS
To developers, we offer the Stash Services as a platform with products, technology tools and services to enable purchases and operate secure direct-to-consumer experiences for Users to view and buy virtual and digital goods sold by Providers (“Sales Activity”). We are not a money transfer service. To the extent we are involved in payment processing, we act as the Seller's limited agent to process payments from you, as a consumer, on the Seller's behalf by partnering with third-party payment service providers (PSPs). Certain Consumer Services are generally available. So you may view and visit the Site and make a single purchase without creating an account (“Guest User”). However, full access is granted to Users who choose to register and create an account (“Stash User Account” or “Your Account”).
2. YOUR RESPONSIBILITIES
2.1. Account Setup. As a registered user, you may store information for future transactions (“Stored Information”), including your debit, credit card or other method to pay for a transaction (“Payment Method”). When you complete a transaction using your Stash User Account, you agree that Stash may use the Stored Information to initiate the payment process with the Seller and that you may be charged by the Seller for each transaction using the Stored Information based on the agreement between you and the Provider (“Provider Terms”). By registering for a Stash User Account or paying as a Guest User, you agree that the information you provide is true, current and complete and will be accurate and updated by you as needed. Stash, may, but has no obligation, to request added information from you to verify your identity so we may comply with laws and regulations governing payments and the protection of minors, maintain the integrity of the platform and all services we provide and reduce the risk of fraud, money laundering, terrorist financing and sanctions law violations. Sample information we may request include your full legal name, mailing address, phone number, date of birth, taxpayer identification number (e.g., Social Security Number), bank account information and a form of government-issued identification.
2.2. Communication. You acknowledge that Stash will use the email address you provide to make a payment as a Guest User or when opening Your Account as the primary method for communication with you. If you have signed up for a subscription available through the Provider, Stash will email you before the next subscription charge and then retain proof that the email is delivered to you. Information you submit in connection with payment and any other information the Seller passes to us to enable purchases may be made a part of your Stash User Account and/or used to complete a transaction you request as a Guest User.
2.3. Account and Transaction Security. When you register for a Stash User Account, you are solely responsible for creating login credentials, including a username and password. You may not share your login or credentials with anyone or create a duplicate Stash User Account. You are responsible for all activities associated with or occurring in Your Account and for any transaction to complete your payment request. If you believe someone has gained access to or used the Stash User Account or your Payment Method without permission, you must notify Stash immediately. Your Account may be suspended or terminated if someone else uses it to engage in activity that violates these Terms. To the fullest extent permitted under applicable law, we will not be responsible to you for any losses or harm you may suffer due to an unauthorized person accessing your Stash User Account or payment credentials. You acknowledge that while Stash takes reasonable care to keep the details of Your Account and payment secure, but in the absence of material negligence by us, we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Provider through the Stash Services.
2.4 Eligibility. You must be eligible to use the Consumer Services to the extent they are available directly or indirectly in your country. To register for a Stash User Account, you must be eighteen years of age (or the age of majority in your country). The Site and the Consumer Services are not designed for children under thirteen (13), and we do not knowingly collect or store personal data provided by anyone under 13 years of age. By accessing the Consumer Services, you confirm that you’re at least 13 years old and meet the minimum age required to access the Consumer Services in your country. If you are not old enough to have authority to consent to these Terms, your parent or legal guardian must agree on your behalf. If you’re a parent or legal guardian, and you allow your child to use the Consumer Services, then these Terms also apply to you, and you are responsible for your child’s activity when engaging with us through the Consumer Services. As a User, you confirm: i) you are not ordinarily resident of, and will not use, the Consumer Services in any country with sanctions or embargoes by the U.S. or other similar authority (“Sanctioned Country”); ii) you are not identified on any sanctions or export control list maintained by the U.S. Government or similar authority, including the Specially Designated Nationals List or the Unverified List administered by BIS (collectively the “Sanctions Lists”); and iii) any account related to your use of the Consumer Services is not owned fifty (50) percent or more, directly or indirectly in the aggregate, by an individual listed on a Sanctions Lists (“Sanctioned Party”) and is not otherwise controlled the Sanctioned Party. You further confirm that you will not use or distribute the Consumer Services directly or indirectly to or for the benefit of a Sanctioned Party. You agree Stash may request additional information about you to assess your eligibility to use the Consumer Services and to prevent sanctions violations, fraud and money-laundering.
3. RELATIONSHIP BETWEEN STASH, YOU AND THE SELLER
3.1. Provider Contract. To complete Sales Activity, you enter into a direct relationship with the Seller and operate under the Provider Terms. Stash is not the seller of any product or service offered by Providers and Stash is not a party to any payment transaction ultimately facilitated by a PSP. Stash and the Provider operate independently. You agree that Stash is not responsible for any issue regarding the quality and usability of goods and services you ordered or purchased, including any issues relating to delivery and product return. You acknowledge that we do not warrant the accuracy or reliability of any information or marketing messages by Provider or endorse any goods or services offered for sale by Provider through their website and/or the Stash Services. When we share personal data about you and the transaction with the Seller, the Provider is responsible for the received data as a controller, within the meaning of applicable privacy laws. Therefore, if you have a request or a complaint regarding the Provider processing personal data, please contact the Provider directly for privacy-related support.
3.2. Your Authorization. When you make a payment request, you authorize us: i) to enable the PSP to pre-authorize the Payment Method for the offer price to complete a specific transaction; and ii) to debit funds from your Payment Method and credit them to the Seller according to the Provider Terms. The authorization described in this section applies also to costs, transaction fees and any applicable sales tax, based on the Provider Terms in relation to each transaction. In addition, your authorization covers our role in processing necessary adjustments, such as returns, chargebacks, reversals, refunds, or corrections as charges to your Payment Method. This authorization also applies even if you choose not to register for a Stash User Account before making a payment request or if you choose not to store payment information. Additional terms and conditions may apply to your payment request and specific features offered to you through the Stash Services, including rules for your use of Payment Methods such as Visa, Mastercard and American Express (“Card Networks”) and bank transfers. You agree to abide by such added terms and conditions. Submitting a payment request does not guarantee acceptance by us or a third party. We reserve the right to refuse, suspend, or cancel any request at our discretion.
3.3. Refunds, Chargebacks and Fraud. Users must directly contact Seller about product issues and delivery questions, but if there is an issue with the payment, you agree to contact Stash first, as directed below. Any disputes you file with your credit card issuer shall be between you and the issuer, and Stash shall not be held liable for such disputes. In cases where a refund is needed, Stash, under the Provider’s authorization, will manage refund requests, including handling chargebacks mediated by Card Networks due to bad debt, fraud, or other issues, as well as any fees charged by PSPs related to charge reversals. You acknowledge that we can not assist in providing a refund if you do not contact Stash before making a request for a chargeback or raising any dispute with your bank or card issuer about Sales Activity. You also acknowledge that once a charge is disputed and classified by the PSP, Stash cannot issue a refund due to prohibitions under their dispute process. We reserve the right to take steps to protect payment integrity and prevent fraud if you make a card payment and later dispute a legitimate charge by raising a chargeback without merit or legitimate reason (as determined at our sole discretion). These measures may include prohibiting you from conducting further transactions or imposing a liquidated damage fee of $100 USD. If your payment fails or we suspect fraud, we may, without notice, immediately cancel or revoke your access to Your Account or use of the Consumer Services as a Guest User. If fraud is detected only after a transaction is processed, Stash or the Seller may refuse the transaction and refund the charged amount to the original Payment Method. You will be notified via email at the address you provided during payment if our fraud detection activities result in Stash or the Seller refusing to process a transaction.
3.4. Transactions Fees. Providers may charge you fees and sales taxes in addition to the price of the digital goods and services being sold under the Provider Terms. You agree that you may be charged transaction fees for making purchases under these Terms and that such fees may be indirectly paid to Stash. We reserve the right to introduce fees in the future. If you purchase in a currency other than United States Dollars, you acknowledge and agree to be charged and, if applicable, refunded according to the then-current exchange rate set by your card issuer. You agree to pay all such fees and charges by making a payment request, and you agree to avoid engaging in transactions for the purposes of circumventing the obligation to pay fees due under these Terms.
3.5. Third-Party Content. Through the Consumer Services, you may engage with third-party services, products, and tools to enhance your overall experience, including licensed content, PSPs, sellers or Product Content, databases, code packages, websites, advertisements, promotions, etc. (collectively, "Third-Party Content"). We will share your personal information with the suppliers of Third-Party Content, who will assist us in serving you. Except where expressly stated otherwise, Stash acts as an intermediary platform between you and such Third-Party Content. Stash is not a party to any interactions or transactions between you and Third-Party Content. We make no representation that the Third Party Content is reliable, accurate, error-free, timely, complete, effective or safe for your use. Stash may suspend, disable access to, or remove any Third-Party Content without liability to you.
4. LICENSE AND INTELLECTUAL PROPERTY
4. 1. Limited License to You. Subject to your agreement and your continued compliance with these Terms, applicable laws and all relevant Stash policies, we grant you a non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Consumer Services for your own personal (i.e., non-commercial) purposes, and for no other purposes. Stash and its licensors reserve any rights not expressly granted herein. To the fullest extent applicable under law, we reserve the right to determine whether one’s conduct violates these Terms, and to take any action we deem appropriate in accordance with these Terms, including but not limited to removing objectionable content and/or suspending or terminating access to the Consumer Services or any portion thereof. If you believe that any aspect of the Consumer Services infringes a copyright claimed by you, please contact us at help@Stash.gg.
4.2. Feedback. You agree that your submission of any ideas, suggestions, documents and/or proposals to us about any product or Service we offer (“Feedback”) is at your own risk. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to us the right to use any Feedback in any way at any time without any additional approval, compensation, restriction or other obligation.
4.3. Restrictions on Licensing the Consumer Services. You represent and warrant that you will be personally responsible for your use of the Services and that your use of the Services will be consistent with this license and will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties or violate any applicable law. You agree not to engage in actions in violation of the guidelines in our Prohibited Products and Activities. You also may not: i), copy, reproduce, translate, reverse engineer, derive source code from, modify, disassemble, decompile, or create derivative works based on or related to the Services; ii) sell, trade or resell the Services for any purpose; iii) interfere with or disrupt the proper working of the Services; iv) bypasses any tools Stash may use to prevent or restrict access to the Service; v) use any robot, spider or other automated device or process to access the Services for any purpose such as scraping data, account creation or copying material; or vi) use any other software that disguises your location.
5. SUSPENSION AND TERMINATION
5.1. Term. Your rights are valid from the moment you consent to these Terms by visiting and/or using the Site, clicking the acceptance of terms box when registering for an account and/or making a payment request and will remain in full force and effect until terminated as specified below.
5.2. Termination. You may close Your Account for any reason and at any time. Please inform Stash that you wish to close Your Account by emailing help@stash.gg and requesting account closure. You understand that if you close your Account, you may no longer have access to information previously associated with your Stash User Account, including, without limitation, your prior history of Sales Activity. You agree that Stash may suspend or terminate your access to Consumer Services and our platform for any reason, including, without limitation, if Stash believes you have acted inconsistently with the Terms.
5.3. Survival. Any provisions of these Terms that give rise to a party's ongoing obligation will survive termination. For example, termination of these Terms does not release you from the responsibility to make payment of all fees due for Sales Activity before the effective date of termination.
6. WARRANTIES, WAIVER AND LIMITATION OF LIABILITY
6.1. No Liability. THE CONSUMER SERVICES ARE PROVIDED “AS-IS” AND WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS OR IMPLIED. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE CONSUMER SERVICES AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE CONSUMER SERVICES IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION 6, IN NO EVENT SHALL: i) STASH, ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, CONSULTANTS, CONTRACT EMPLOYEES, REPRESENTATIVES AND AGENTS AND EACH OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS (“STASH PARTIES”) BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATING THESE TERMS; ii) STASH PARTIES BEAR RESPONSIBILITY FOR ANY COMPENSATION, REIMBURSEMENT OR DAMAGES ARISING IN CONNECTION WITH ANY MODIFICATION, PRICE CHANGE, DISCONTINUANCE OF THE SERVICES OR INABILITY TO USE THE SITE OR SERVICES, INCLUDING AS A RESULT OF ANY PERMITTED TERMINATION OR SUSPENSION OF THESE TERMS, PROVIDER’S BREACH OF PROVIDER TERMS.
6.2. Limitation of Liability. STASH’S TOTAL LIABILITY TO YOU OR THE PERSON USING THE CONSUMER SERVICES SHALL NOT UNDER ANY CIRCUMSTANCE EXCEED ONE HUNDRED DOLLARS ($100). THIS CAP ON STASH’S LIABILITY S APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS.
6.3. Indemnification. If your access or use of the Consumer Services and any other products or features we make available causes liability to Stash, you agree to indemnify and hold us harmless from all damages, losses and expenses of any kind, including reasonable legal fees and associated costs arising out of or otherwise related to your actions in relation to our offerings.
7. ARBITRATION
7.1. Arbitration Agreement. Please carefully read the arbitration agreement in this section (“Arbitration Agreement”), which applies if you live in the United States or another jurisdiction that allows you to agree to arbitration. You and Stash both agree to engage in good-faith efforts to resolve disputes prior to either Party initiating an arbitration or equitable relief for intellectual property infringement. In the event of any dispute or claim relating to or arising out of these Terms or your access and use of the Consumer Services or to any aspect of your relationship with Stash, such dispute or controversy shall be settled by binding arbitration in San Francisco, California, before a single arbitrator, governed by JAMS pursuant to its Comprehensive Arbitration Rules & Procedures (collectively, “JAMS Rules”), as modified by the Terms and administered by JAMS. You and Stash agree that the arbitration will be conducted in English and that this Arbitration Agreement will bind the arbitrator. However, disputes involving claims and counterclaims under $250,000, not including attorneys' fees and interest, shall be subject to JAMS's most current version of the Streamlined Arbitration Rules then in effect. The arbitrator's decision will be final and binding upon the parties hereto. Judgment may be entered on the arbitrator’s award in any court having jurisdiction. The Parties acknowledge and agree that in connection with any such arbitration: i) each Party shall pay all of its own costs and expenses, including, without limitation, its own legal fees and expenses; and ii) the arbitration costs shall be borne entirely by the losing Party. If there is no losing Party, then the arbitrator will determine each Party’s share of the costs on the basis of each Party's liability. If the Parties reach a settlement, they may agree on the proportion of their respective share of the arbitration costs. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding and only after making an attempt in good faith to reach a mutually beneficial outcome that avoids the expenses of arbitration, you must send a letter requesting arbitration and describing your claim to 1031 E Brandon BLVD #2468 Brandon FL 33511. The arbitration will be conducted by JAMS, all other claims shall be subject to JAMS's most current version of the Comprehensive Arbitration Rules and Procedures then in effect. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. This Arbitration Agreement does not restrict a Party’s right to instead seek injunctive or equitable relief in a court of proper jurisdiction if the claim relates to intellectual property infringement or another misuse of proprietary rights.
7.2. Waiver of Jury Trial. YOU AND STASH HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. Instead, you and Stash are electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement unless an exception to the Arbitration Agreement applies. An arbitrator can award on an individual basis the same damages and relief as a court and must follow these Terms as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
7.3. Waiver of Class Actions and Class Arbitrations. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A REPRESENTATIVE OR COLLECTIVE CLASS BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE USER, PERSON, OR ENTITY CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER USER, PERSON, OR ENTITY. Accordingly, under the arbitration procedures outlined in this section, an arbitrator shall not combine or consolidate more than one party's claims without the written consent of all affected parties to an arbitration proceeding. Without limiting the generality of the foregoing, you and Stash agree that no dispute shall proceed by way of class arbitration without the written consent of all affected parties. If a decision is issued stating that applicable law precludes enforcement of any part of this subsection's limitations as to a given claim for relief, then that claim must be severed from the arbitration and brought in the state or federal courts located in the State of California. All other claims shall be arbitrated.
8. GENERAL
8.1. Choice of Law. Except to the extent amended by any provisions of the law of the country where you are resident, these Terms shall be governed by and construed and enforced in accordance with the laws of the State of California without regard to conflict of law rules or principles. Any dispute between the parties that is not subject to arbitration as set forth above shall be resolved in the state or federal courts in California. Each party hereby irrevocably waives the claim of an inconvenient or improper forum to the fullest extent it may effectively do so. The non-English translations of these Terms are provided for convenience only. In the event of any ambiguity or conflict between translations, the English version is authoritative and controls, subject to limitations set by applicable law.
8.2. Entire Agreement. These Terms constitute and contain the entire agreement between the Parties with respect to the subject matter hereof and supersede any prior oral or written agreements. You agree that these Terms are not intended to confer and do not confer any rights or remedies upon any person other than the Parties to these Terms. Notwithstanding the foregoing, supplemental terms may apply to certain Services, such as forums, contests, or loyalty programs (including subscriptions or VIP experiences). Supplemental terms will be disclosed to you in connection with the applicable Services. Those supplemental terms are in addition to and shall be deemed a part of the Terms for purposes of the applicable Services, and your right to use such features is subject to those supplemental terms.
8.3. Severability. Any offer for any feature, product or service made on the Consumer Services is void where prohibited. As a consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident, and nothing in these Terms shall affect your right to rely on such mandatory provisions of applicable local law. If any provision of these Terms is unenforceable by a court or other tribunal of competent jurisdiction, such provision will be enforced to the maximum extent permissible, and the remaining portions of these Terms shall remain in full force and effect.
8.4. No Waiver. If we do not immediately exercise a right we have under these Terms, we do not waive that right. We retain our ability and right to enforce any part of these Terms at a later time. Except as expressly and specifically set forth in these Terms, no representations, statements, consents, waivers, or other acts or omissions by Stash will be deemed a modification of these Terms or legally binding unless agreed upon in writing.
8.5. Assignment. Stash may assign or delegate these Terms, in whole or in part, to any person or entity at any time with or without your approval. You may not assign or delegate any of the rights or obligations you have under the Terms unless you obtain Stash’s prior written approval. Any such assignment and/or delegation without Stash’s prior written approval is ineffective and in violation of these Terms.
8.6. Force Majeure. Notwithstanding anything to the contrary, we will not be liable for any delay or failure to perform resulting from causes outside of our reasonable control, including without limitation any failure to perform hereunder due to unforeseen circumstances or causes such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fires, floods, pandemics, accidents, strikes or shortages of transportation facilities, fuel, energy, labor, or materials.
8.7. Notices. All legal notices given by you or required from you under these Terms must be in writing and addressed to: Fractal Wagmi, Inc., 1031 E Brandon Blvd #2468 Brandon FL 33511, Attention: Legal Department. Any notices you provide without compliance with this subsection will have no legal effect.
9. CONTACT US
If you have any questions, comments, or suggestions about our practices or these Terms, please send email to help@stash.gg. We will address your concerns and attempt to resolve any issues in a timely manner.