Terms of Service

 

StellarAlgo (“ StellarAlgo”, “We”, “Us”, “Our”) owns and operates the StellarAlgo websites, available at stellaralgo.com and app.stellaralgo.com, including all subpages (collectively, “Website”), the StellarAlgo analytics and data insights application ( “Application”), and the StellarConnect community platform (“StellarConnect” and together with Website, “Service”).

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICE. BY ACCESSING THE SERVICE, YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS OF SERVICE. IF YOU ARE ACCEPTING THESE TERMS ON BEHALF OF ANOTHER LEGAL ENTITY, INCLUDING A BUSINESS OR GOVERNMENT ENTITY, YOU REPRESENT THAT YOU HAVE FULL LEGAL AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS. IF YOU DO NOT AGREE WITH ANY OF THE TERMS, YOU CAN NOT USE THE SERVICE.

1. STELLARALGO APPLICATION

1.1 Terms of Service. These Terms of Service (the “Terms”) apply to all visitors and users of the Service (each referred to as “User”, “you”, or “your”). StellarAlgo may modify these Terms at any time in our sole discretion by posting a notice on the Website. Any changes will take effect 30 days from the date of posting of an update to these Terms.

Please note that access and use of the Application is governed by the StellarAlgo Master Subscription Agreement (“MSA”) and not these Terms.

1.2 Personal Information.  Information about StellarAlgo’s privacy practices can be found at StellarAlgo Privacy Policy available at: https://stellaralgo.com/privacy-policy/ (“Privacy Policy”). By using the Service, you consent to Our collection, use, and disclosure of personal information as outlined in the Privacy Policy.

2. ACCESS; INTELLECTUAL PROPERTY

2.1 Access. Subject to your compliance with these Terms and your payment of any applicable fees, StellarAlgo grants you the right to access and use the Service and a non-transferable, non-exclusive, revokable license to access and use the StellarAlgo Content (defined in Section 2.2 below) available through the Service for internal business purposes only. The StellarAlgo Content is licensed to you and not sold. The Service and StellarAlgo Content may not be re-sold or otherwise distributed to any third party without the prior written consent of StellarAlgo. Except as explicitly provided herein, nothing in the Terms gives you a right to use the StellarAlgo names, trademarks, logos or other distinctive brand features without our prior written consent.

2.2 Reservation of Rights. The Service, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, and music contained thereon, excluding your User Content (the “StellarAlgo Content”), and all intellectual property rights related thereto, are the exclusive property of StellarAlgo and its licensors. Except as expressly authorized in these Terms, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on StellarAlgo Content, in whole or in part, except that the foregoing does not apply to your own User Content. Use of the StellarAlgo Content for any purpose not expressly permitted by these Terms is strictly prohibited.

2.3 Feedback. You may choose to or we may invite you to submit comments or ideas about the Service or Application, including but not limited to, about how to improve the Application or our services (“Feedback”). By submitting any Feedback, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place StellarAlgo under any fiduciary or other obligation, and that we are free to use the Feedback without any compensation to you, and free to disclose the Feedback on a non-confidential basis or on any other basis, to anyone.

2.4 User Content. StellarAlgo does not claim ownership of the data, materials and/or content created, uploaded or otherwise transmitted by you through use of the Service, including but not limited to photos, graphics, designs, drawings, electronic documents, comments, and any personal information (“User Content”). As between you and StellarAlgo, you own and are solely responsible for your User Content. You shall (i) have sole responsibility for the accuracy, quality, integrity, legality, reliability, and appropriateness of User Content, and (ii) have sole responsibility for obtaining all rights, consents, and licenses, and providing all notices in accordance with applicable laws to ensure User Content can be shared with and used by StellarAlgo as set out in these Terms.  StellarAlgo reserves the right, at any times (but will have no obligation), to remove or refuse to host or distribute any User Content.

2.5 User Content License. By sharing or making User Content available to Us via the  Service, you grant StellarAlgo (and Our agents and licensors) a worldwide, royalty-free, non-exclusive, perpetual, irrevocable license (with the right to sublicense) to use, reproduce, store, display, transmit, and distribute such User Content for the purpose of operating the Service and providing you with any services available on or through the Service. You further grant StellarAlgo (and Our agents and licensors) a worldwide, royalty free, non-exclusive, perpetual, irrevocable licence (with the right to sublicense) to use, reproduce, store, and manipulate User Content to create aggregated and anonymized statistical analytics in respect to Service use (“Anonymous Service Data”) in accordance with the StellarAlgo Privacy Policy and provided that, except as stated in Sections 2.6 and 2.7 below, StellarAlgo will not disclose any information provided by you or your third-party integrations in any manner other than in anonymous or aggregated form without your prior consent. As between you and StellarAlgo, StellarAlgo shall own all right, title and interest in and to the Anonymous Service Data, including all intellectual property rights in the Anonymous Service Data, and You hereby assign, transfer and convey to StellarAlgo any ownership interest You may have in any Anonymous Service Data.

2.6 StellarConnect. StellarConnect allows Users to access certain StellarAlgo Content about the Application and provides a discussion forum where Users may interact with each other.  Access and use of StellarConnect is available to Users who have purchased access and use of the Application. As such, access and use of StellarConnect is provided to a User for the term that the User can access and use the Application pursuant to the MSA. Eligible Users will receive an email invitation to join StellarConnect and will be required to create a StellarConnect account. Some parts of StellarConnect are made available via third party functionality and as such, access and use of StellarConnect may require entering into and accepting third-party terms, which would be made available to you at the time of access. Any such third-party terms are entered into between you and the applicable third party and shall be in addition to, and not in lieu of, these Terms.

2.7. StellarConnect and User Content. StellarConnect permits Users to share User Content and you acknowledge and agree that any User Content you share via StellarConnect will be available to other Users of StellarConnect. StellarAlgo assumes no responsibility for and does not endorse any User Content made available via StellarConnect or the conduct of Users who access or use StellarConnect. StellarConnect is not intended for sharing of personal information and you are prohibited from sharing any personal information (whether directly or embedded within User Content) when using StellarConnect. StellarAlgo does not control or actively monitor User Content made available via StellarConnect and, as such, does not guarantee the accuracy, integrity, or quality of such User Content. Use of StellarConnect or reliance on User Content accessible via StellarConnect is solely at your own risk. While using StellarConnect, you may be exposed to communications that are offensive, indecent, or objectionable. StellarAlgo shall not be liable in any way for any actions taken or damages suffered due to use of or reliance on any User Content viewed on or obtained through StellarConnect or any communications you engage in or rely on via StellarConnect. Any disputes or claims arising between you and other Users in connection with StellarConnect are solely between you and such Users. StellarAlgo has no obligation to become involved in any such disputes, but We reserve the right to do so at our sole discretion.

3. RESTRICTIONS
You agree to use the Service only for purposes permitted by these Terms and solely in compliance with applicable laws. StellarAlgo reserves the right to modify or impose any limitations on the use of the Service at any time, with or without notice to you. In using the Service you shall not:

(a) intentionally or unintentionally violate any of these Terms, or any local, state, provincial, national or international law or regulation, including without limitation using the capabilities of the Website to transmit any unlawful content, to harass or intimidate others, to spam third parties or to impersonate anyone;

(b) license, sell, rent, lease, transfer, assign or otherwise commercially exploit the Service;

(c) upload, post, email, transmit or otherwise make available any material (including without limitation, User Content) that:

• is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially or ethnically objectionable, encourages criminal behavior, gives rise to civil liability, violates any law, or is otherwise objectionable;
• you do not have a right to make available under any law or under a contractual relationship;
• infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party (including privacy rights);
• is or contains unsolicited or unauthorized advertising, solicitations for business, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
• contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or data or the Service or that of any Users or viewers of the Service or that compromises or infringes a third party’s privacy rights; or
• contains any falsehoods or misrepresentations or create an impression that you know is incorrect, misleading, or deceptive, or any material that could damage or harm minors in any way; or
• in the sole judgment of StellarAlgo, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose StellarAlgo or other Users to any harm or liability of any type;

(d) modify, translate, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Service or any software provided by us;

(e) use the Service to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers, except where the Service is clearly intended and designed for collection and/or storage of such information;

(f) “stalk” or harass any other User or solicit, collect or store any information about any other User other than as expressly permitted and contemplated in these Terms;

(g) impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;

(h) use automated scripts to collect information or otherwise interact with the Service;

(i) advertise or offer to sell or buy any goods or services for any purpose, or

(j) advocate, encourage, or assist any third party in doing any of the foregoing.

In the case of StellarConnect, you agree to use StellarConnect in accordance with any restrictions set out in third-party terms that may apply to your use of StellarConnect (as applicable), and you understand that the applicable third party may modify or impose any limitations on your use of StellarConnect, at its discretion.

4. INDEMNITY

You agree to defend, indemnify and hold StellarAlgo, its affiliates, subsidiaries, directors, officers, employees, agents, partners and licensors harmless from any claim or demand, including reasonable legal fees relating to or arising from: (a) any content you create, submit, post, transmit, or otherwise make available through the Service, including but not limited to User Content; (b) your use of the Service; (c) any violation by you of these Terms; or (d) your violation of any applicable laws or the rights of a third party. This obligation shall survive the termination or expiration of these Terms and/or your use of the Service.

5. TERMINATION

StellarAlgo may, at any time and for any reason or no reason, without prior notice, immediately terminate or suspend all or a portion of your account and/or access to the Service. Cause for such termination or suspension shall include, but not be limited to: (a) violations of the Terms, or any other policies or guidelines that are referenced herein and/or posted on the Service; (b) discontinuance or material modification to the Service, or any part thereof; (c) a request and/or order from law enforcement, a judicial body, or other government agency; (d) where provision of the Service to you is or may become unlawful; (e) unexpected technical or security issues or problems; or (f) your participation in fraudulent or illegal activities. Any such termination or suspension shall be made by StellarAlgo in its sole discretion, and StellarAlgo will not be responsible to you or any third party for any damages that may result or arise out of such termination or suspension of access to the Service.

In the case of StellarContent, access and use of its features provided by a third party may be terminated or suspended at the third party’s discretion, and StellarAlgo will not be responsible to you or any third party for any damages that may result or arise out of such termination or suspension of access. Further, suspension of access to the Application or termination of the MSA may result in suspension or termination of your access to StellarConnect.

6. THIRD-PARTY CONTENT

6.1 Advertisements. You acknowledge and agree that the Service may contain advertisements from third parties. If you elect to have any business dealings with anyone whose products or services may be advertised on the Service, you acknowledge and agree that such dealings are solely between you and such third party and you further acknowledge and agree that StellarAlgo shall not have any responsibility or liability for any losses or damages that you may incur as a result of any such dealings.

6.2 Links. The Service may contain links to other websites that are not owned or controlled by StellarAlgo. In no event shall any reference to any third party, advertisement, third-party product or service be construed as an approval or endorsement by StellarAlgo of that third party, third-party product or service. StellarAlgo is not responsible for the content of any linked websites. Any third-party websites or services accessed from the Service or through which certain parts of the Service (such as StellarConnect) are made available to you are subject to the terms and conditions of those websites and or services and you are responsible for determining those terms and conditions and complying with them. The presence on the Service of a link to any other website(s) or any advertisements does not imply that StellarAlgo endorses or accepts any responsibility for the content or use of such websites, and you hereby release StellarAlgo from all liability and/damages that may arise from your use of such websites or receipt of services from any such websites.

7. DISCLAIMER OF WARRANTIES AND CONDITIONS

THE SERVICE IS PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. STELLARALGO SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND RELATING TO THE SERVICE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR MERCHANTABLE QUALITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM STELLARALGO OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THESE TERMS.

8. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL STELLARALGO BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM (A) YOUR USE OF OR YOUR INABILITY TO USE THE SERVICE, (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR APPLICATION, (C) ERRORS, MISTAKES, OR INACCURACIES IN ANY INFORMATION AVAILABLE ON THE SERVICE, INCLUDING BUT NOT LIMITED TO USER CONTENT OR STELLARALGO CONTENT, (D) YOUR RELIANCE ON ANY CONTENT OR INFORMATION MADE AVAILABLE VIA THE SERVICE, OR (E) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF THE SERVICE, ANY BUGS, VIRUSES OR OTHER FILES OR DATA THAT MAY BE HARMFUL TO COMPUTER OR COMMUNICATION EQUIPMENT OR DATA THAT MAY HAVE BEEN TRANSMITTED TO OR THROUGH THE SERVICE.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, STELLARALGO’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THE SERVICE OR THESE TERMS (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO FIVE HUNDRED CANADIAN DOLLARS ($500). THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, AS SUCH, TO THE EXTENT SUCH EXCLUSIONS OR LIMITATIONS ARE SPECIFICALLY PROHIBITED BY LAW, SOME OF THE EXCLUSIONS OR LIMITATIONS SET FORTH BELOW MAY NOT APPLY TO YOU.

9. GOVERNING LAW; JURISDICTION

These Terms shall be governed by the laws in effect in the Province of Alberta Canada. No choice of laws rules of any jurisdiction shall apply to these Terms. Subject to the Arbitration terms below, the courts of the Province of Alberta located in Calgary shall have jurisdiction over any legal action or proceeding arising out of or relating to these Terms or the Service and you consent to the jurisdiction of such courts for any such action or proceeding. You waive all rights that you may have or that may hereafter arise to contest such jurisdiction of such courts. The parties waive any right to a jury trial with respect to any action brought in connection herewith. The application of the United Nations Convention on Contracts for the International Sale of Goods to these Terms is expressly excluded.

10. ENTIRE AGREEMENT

These Terms constitute the entire agreement between you and StellarAlgo governing use of the Service and all related activities. We reserve the right to modify or change the Service at any time without notice or liability to you. If any part of these Terms is held to be unlawful, void, or unenforceable, that part shall be deemed severed and shall not affect the validity and enforceability of the remaining provisions. Our failure to exercise or enforce any right or provision under these Terms shall not constitute a waiver of such right or provision. You may not assign any part of these Terms or any rights or licenses granted hereunder, whether voluntarily, by operation of law, or otherwise without our prior written consent. StellarAlgo may assign these Terms for any reason without notice to you.

11. ENGLISH LANGUAGE

It is the express wish of the parties that these Terms and all related documents be drawn up in English. C’est la volonté expresse des parties que la présente convention ainsi que les documents qui s’y rattachent soient rédigés en anglais.

12. CONTACT US

If you have any questions about these Terms or if you wish to receive any additional information, provide feedback or raise any concerns in relation to the Service please contact us at: info@stellaralgo.com

Last Updated (Effective Date): October 2, 2025