Terms of Service
1. INTRODUCTION
Thank you for visiting the websites and associated domains of www.staybit.com and www.clappy.io (collectively referred to as “Site”). The Site and its products, including Clappy and other Staybit products, services and subdomains, are owned and operated by Staybit, Inc. from the United States and covered through these terms of service and all other policies posted by Staybit, Inc. Throughout the Site and policies, the terms “we”, “us”, “platform”, “company”, “Staybit” and “our” refer to Staybit, Inc. We offer this website, including all information, tools, and services available from this site and its subdomains to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
By visiting our site and/or when using our products and features, you (“User”) engage in our “Service” and agree to be bound by the following Terms of Service / terms of service (“Terms”), including those additional Terms of Service and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the site, including without limitation users who are browsers, users, customers and/ or contributors of content.
YOUR ACCESS TO AND USE OF THE SERVICE IS CONDITIONED UPON YOUR ACCEPTANCE OF AND COMPLIANCE WITH THESE TERMS. THESE TERMS APPLY TO ALL VISITORS, USERS, AND OTHERS WHO WISH TO ACCESS OR USE THE SERVICE. BY ACCESSING OR USING THE SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DISAGREE WITH ANY PART OF THE TERMS, THEN YOU DO NOT HAVE PERMISSION TO ACCESS THE SERVICE.
2. GENERAL INFORMATION
- What we do. Powerful Performance Metrics for Developers - By connecting to your GitHub account, Staybit is able to gather and analyze metrics on your engineering team, providing you with a comprehensive overview of team activity and collaboration. To find out more information about what we do, please refer to our website.
- Subdomains. At Staybit, Inc., a Delaware corporation, we respect and protect the privacy of visitors to our websites, www.staybit.com, www.clappy.io and the other websites under the staybit.com and clappy.io domains, and our customers who use our SaaS product, web design software, tools, and related services (together with the Site, the “Service”)."
- Sole discretion. We reserve the right to add/discontinue any product or service anytime at our sole discretion.
3. ELIGIBILITY
Staybit is strictly limited to parties who can lawfully enter into and form contracts on the Internet. By using or engaging with the website, you also acknowledge and agree that you are permitted by your jurisdiction’s applicable law to use and/or engage with the website.
4. PAYMENT
Payment for subscription plans are made through Stripe, our third-party payment processor. By providing payment information, you represent and warrant that the payment information is accurate, current, and complete, and that you are authorized to use the payment method provided. You acknowledge and agree that all payments are subject to the Stripe Terms of Service and Privacy Policy, which can be found at https://stripe.com/terms and https://stripe.com/privacy. Staybit, Inc. is not responsible for the performance, security, or any other aspect of Stripe's services.
We reserve the right to add or change our payment methods at sole discretion anytime.
5. SUBSCRIPTIONS
Staybit offers several subscription plans with varying features and prices. When you sign up for a subscription plan, you agree to pay all applicable fees for the selected plan. All subscription fees are non-refundable, except as specifically stated otherwise in these Terms. Subscription fees will be billed on a recurring basis, depending on the billing cycle chosen during the registration process.
We reserve the right to modify the pricing of our subscription plans at any time. We will provide notice of any price changes by posting the new prices on our website or by sending an email notification.
6. CANCELLATIONS AND REFUNDS
You may cancel your subscription at any time by accessing your Account settings. Cancellation will be effective at the end of the current billing cycle. No refunds will be issued for partial months or unused portions of annual subscriptions.
7. FREE PLAN
Staybit offers a free plan with limited functionality. We reserve the right to change the terms or availability of the free plan at any time, with or without notice.
8. PERMITTED USE
You agree to use the Site and the Services only for purposes that are permitted by these Terms and in compliance with all applicable laws, regulations, and generally accepted practices or guidelines in the relevant jurisdictions.
You must adhere to the following:
- You agree to use the Site, the Services, and the public API only for purposes that are permitted by these Terms and in compliance with all applicable laws, regulations, and generally accepted practices or guidelines in the relevant jurisdictions. You may only use the Site, Services, and the public API for your non-commercial, non-exclusive, non-assignable, non-transferable, and limited personal use, and no other purposes.
- You will not (and will not attempt to): Access any of the Services by any means other than through the interface or public API that is provided by Staybit;
- You will not gain unauthorised access to Staybit’s computer system or engage in any activity that interferes with the performance of, or impairs the functionality or security of the Site, the Services, Staybit’s networks, and computer systems;
- You will not access or collect any personally identifiable information, including any names, email addresses or other such information for any purpose, including, without limitation, commercial purposes;
- You will not reproduce, duplicate, copy, sell, trade, or resell any aspect of the Site or the Services for any purpose; and
- You will not reproduce, duplicate, copy, sell, trade or resell any products or services bearing any trademark, service mark, trade name, logo or service mark owned by Staybit in a way that is likely or intended to confuse the owner or authorized user of such marks, names or logos.
9. LIMITED LICENSE AND SITE ACCESS; ACCEPTABLE USE
You may not: (a) resell or make any commercial use of this Site or any of the contents of this Site; (b) modify, adapt, translate, reverse engineer, decompile, disassemble or convert any of the contents of this Site not intended to be so read; (c) copy, imitate, mirror, reproduce, distribute, publish, download, display, perform, post or transmit any of the contents of this Site in any form or by any means; or (d) use any data mining, bots, spiders, automated tools or similar data gathering and extraction methods on the contents of the Site or to collect any information from the Site or any other user of the Site.
You use this Site at your own risk. You agree that you will be personally responsible for your use of this Site and all of your communication and activity on this Site. If we determine, in our sole discretion, that you engaged in prohibited activities, were not respectful of other users, or otherwise violated the Terms of Service, we may deny you access to this Site on a temporary or permanent basis and any decision to do so is final.
10. ACCOUNTS, REGISTRATIONS, AND PASSWORDS
If you use this Site and such use requires setting up an account and/or password(s), you are solely responsible for maintaining the confidentiality of your account and password(s) and for restricting access to your computer. If you open an account, register, or otherwise provide us with any information, you agree to provide us with current, complete, and accurate information as requested by any forms. Staybit is not responsible for any errors or delays in responding to any inquiry or request caused by any outdated or incorrect information provided by you or any technical problems beyond the control of Staybit. You acknowledge and agree that any login, identifier, or password issued in connection with this Site (each a "Password") is confidential information and must be kept secure. You may not disclose such a Password to another person or entity or permit another entity to access the Site using such a Password. You must notify Staybit immediately of any breach of security or unauthorized use of your account. Staybit cannot be responsible and disclaims all liability in connection with, the use of any information that you post or display on this Site.
11. INTELLECTUAL PROPERTY RIGHTS
Your use of the Site and its contents grants no rights to you concerning any copyright, designs, and trademarks and all other intellectual property and material rights mentioned, displayed, or relating to the Content (defined below) on the Site. All Content, including third party trademarks, designs, and related intellectual property rights mentioned or displayed on this Site, are protected by national intellectual property and other laws. Any unauthorized reproduction, redistribution or other use of the Content is prohibited and may result in civil and criminal penalties. You may use the Content only with our prior written and express authorization. To inquire about obtaining authorization to use the Content, please contact us at support@staybit.com.
In addition to the intellectual property rights mentioned above, "Content" is defined as any graphics, photographs, including all image rights, sounds, music, video, audio, or text on the Site.
12. MONITORING ACTIVITY
Staybit has no obligation to monitor this Site or any portion thereof. However, we reserve the right to review any posted content and remove, delete, redact or otherwise modify such content, in our sole discretion, at any time and from time to time, without notice or further obligation to you. Staybit has no obligation to display or post any content. Staybit, subject to the Privacy Policy reserves the right to disclose, at any time and from time to time, any information or posted content that it deems necessary or appropriate, including without limitation to satisfy any applicable, law, regulation, contractual obligation, legal, dispute process, or governmental request.
13. DIGITAL MILLENNIUM COPYRIGHT ACT
Staybit expects all users to respect the intellectual property rights of others. Staybit may remove material that appears in its sole discretion to infringe upon the intellectual property rights of others and we will terminate the access rights of any repeat infringer. If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may notify us at support@staybit.com. The notification must include the following information: physical or electronic signature of the owner or authorized agent of the owner of the allegedly infringed work; identification of the allegedly infringed work; identification of the material that is claimed to be infringing and reasonably sufficient information for Staybit to locate the material; contact information of the notifying party, such as an address, telephone number, and email; a statement that the notifying party has a good faith belief that the use of the material in the manner complained of is not authorized by the owner of the allegedly infringed work, its agent or the law; and a statement, under penalty of perjury that the information in the notification is accurate and the notifying party is the owner or authorized agent of the allegedly infringed work.
14. THIRD PARTY
The Service may contain links or use third-party websites, services, or resources that are not owned or controlled by Staybit, Inc. We do not endorse, control, or assume any responsibility for the content, privacy policies, or practices of any third-party websites, services, or resources. You acknowledge and agree that Staybit, Inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such third-party websites, services, or resources.
If you decide to access any third-party websites, services, or resources, you do so entirely at your own risk and subject to the Terms of Service of use for such third-party websites, services, or resources. We encourage you to review the Terms of Service and privacy policies of any third-party websites, services, or resources that you visit.
15. DISCLAIMER
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, STAYBIT EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING ANY (A) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE AS TO THE SITE AND ITS CONTENT, INCLUDING THE INFORMATION, DATA, SOFTWARE, OR PRODUCTS CONTAINED THEREIN, OR THE RESULTS OBTAINED BY THEIR USE OR AS TO THE PERFORMANCE THEREOF, (B) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING, AND (C) WARRANTIES OR CONDITIONS OF UNINTERRUPTED OR ERROR-FREE ACCESS OR USE. THE SITE AND ALL CONTENTS THEREIN AND COMPONENTS THEREOF ARE PROVIDED ON AN “AS IS” BASIS AND YOUR USE OF THE SITE IS AT YOUR OWN RISK.
16. LIMITATION OF LIABILITY
You agree that in no event shall Staybit be liable to you, or any third party, for any lost profits, incidental, consequential, punitive, special, or indirect damages arising out of or in connection with the Site or the Terms of Service, even if advised as to the possibility of such damages, regardless of whether the claim for such damages is based in contract, tort, strict liability or otherwise. This limitation on liability includes, but is not limited to, any (i) errors, mistakes, or inaccuracies in any Content or for any loss or damage of any kind incurred by you as a result of your use of or reliance on the Content; (ii) the transmission of any bugs, viruses, Trojan horses or the like which may infect your equipment, failure of mechanical or electronic equipment; (iii) unauthorized access to or use of the Site or Staybit' secure servers and/or any personal information and/or financial information stored therein; or (iv) theft, operator errors, strikes or other labor problems or any force majeure.
17. INDEMNIFICATION
You agree to indemnify and hold Staybit and its subsidiaries, affiliates, officers, directors, agents, and employees, harmless from and against any suit, action, claim, demand, penalty or loss, including reasonable attorneys’ fees, made by or resulting from any third party due to or arising out of your use of the Site, breach of the Terms of Service or the materials it incorporates by reference, or your violation of any law, regulation, order or other legal mandates, or the rights of a third party.
18. DISPUTE RESOLUTION & GOVERNING LAWS
In the event of a dispute arising out of or in connection with these terms or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.
These Terms of Service shall be governed by and construed in accordance with the laws of Delaware, USA, and you hereby submit to the exclusive jurisdiction of the Delaware Courts where Staybit is based in.
19. PRIVACY & COOKIES
For more information on how we collect your information and cookies, please refer to our Privacy Policy and Cookie Policy.
20. CHANGES
We reserve the right to update and revise these Terms of Service at any time. You will know if these Terms of Service have been revised since your last visit to the website by referring to the "Effective Date of Current Policy" date at the top of this page. Your use of our Site constitutes your acceptance of these Terms of Service as amended or revised by us from time to time, and you should, therefore, review these Terms of Service regularly.
21. ELECTRONIC COMMUNICATIONS
When you visit the Site or send us e-mails, you are communicating with us electronically. In so doing, you consent to receive communications from us electronically. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communication is in writing.
22. SEVERABILITY
If any of these Terms of Service shall be deemed invalid, void, or for any reason unenforceable, that term shall be deemed severable and shall not affect the validity and enforceability of any remaining terms or conditions.
23. ASSIGNMENT
We shall be permitted to assign, transfer, or subcontract our rights and obligations under these terms without your consent or any notice to you. You shall not be permitted to assign, transfer, or subcontract any of your rights and obligations under this agreement.
24. FORCE MAJEURE
Staybit is not liable for any delays caused by circumstances beyond Staybit’s control, e.g. general labor dispute, extreme weather, acts of war, fire, lightning, terrorist attacks, changed governmental orders, technical problems, defects in power- /tele-/computer communications or other communication and defects or delays in the service by sub-suppliers due to circumstances set forth above.
25. ENTIRE AGREEMENT
These Terms of Service set forth the entire understanding and agreement between you and Staybit concerning the subject matter herein and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written concerning the Site. A printed version of these Terms of Service and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any rights not expressly granted herein are reserved. You may not assign the Terms of Service, or assign, transfer or sublicense your rights therein. A failure to act concerning a breach by you or others does not waive Staybit's right to act concerning subsequent or similar breaches.
26. TERM AND TERMINATION
This agreement becomes effective the date that you first access the Site and remains effective until it is terminated consistent with its terms. Violations of this agreement may result in the immediate termination of this agreement and denials or terminations of your access to the Site. Such restrictions may be temporary or permanent. Upon termination, your right to use this Site shall be revoked. All disclaimers, limitations of liability, indemnities, and rights of ownership and licenses to Staybit shall survive any termination.
27. CONTACT US
For any questions, complaints, and queries or to report any violations, kindly send an email on support@staybit.com.
Staybit, Inc. Registered in the state of Delaware.