Terms and Conditions

TheirStack is an online service that delivers company insights and aggregates jobs collected from publicly available sources.

The present conditions expose the rights and obligations of the User and of TheirStack as the provider of the service.

TheirStack will assume that any User who uses the Services has read and accepted these Terms, and TheirStack reserves the right to update and modify these Terms without any prior notice, which are always available at www.theirstack.com.

TheirStack is the commercial name under which THEIRSTACK SL, with tax identification number ESB56963697, provides access to the TheirStack Web Site and its related services according to the terms and conditions set forth below.

This Agreement will be valid from the date you check the box for acceptance of this Agreement that appears at the bottom of this document. New features that could be added to the Services will be subject to these Terms. In case the User continues to make use of the Services after any modification, it will assume their agreement with said modifications.

Failure to comply with any of these Terms may lead to cancellation of your account.

Definitions

In these Terms, the following capitalized terms have the meanings set out below. Terms defined elsewhere in these Terms have the meaning given where they are defined.

• "these Terms" or "this Agreement" means this Terms and Conditions document, including any policy it incorporates by reference. Both expressions refer to the same document and are used interchangeably.
• "User" means the legal entity that subscribes to or accesses the Services, and includes every person who accesses the Services under that entity's account. Where an individual accepts these Terms on behalf of an entity, that individual represents that they are authorized to bind that entity, and "User" means that entity. References to "Licensee" or to "the client" have the same meaning.
• "Services" means the products described in Section 3 (the Web App, the API, Webhooks, and Datasets), together with the TheirStack website and any other service TheirStack makes available under these Terms.
• "TheirStack data" means the job, company, technographic, and related records and content made available to the User through the Services.
• "Dataset" means any complete corpus of TheirStack data of a given kind compiled and maintained by TheirStack, taken as a whole, as distinct from the individual records made available to the User. Each of the Jobs Dataset, the Company Dataset, and the Technographics Dataset is a Dataset, as is any other dataset TheirStack compiles in the future, and each is a separate Dataset for the purposes of these Terms. A copy is of a Dataset "in whole or substantially in whole" where it comprises a substantial part of that Dataset, evaluated qualitatively or quantitatively, including where it results from repeated or systematic extraction of records that in aggregate amounts to a substantial part. Records relating to the User's own customers, prospects, and business contacts, integrated into the User's own systems in the ordinary course of the User's business, are not a copy of a Dataset in whole or substantially in whole, however many such records the User holds. The "Datasets product" described in Section 3 is the delivery channel by which TheirStack makes Datasets available as flat files, and references to it are not references to the Datasets themselves.
• "Licensed Materials" means the TheirStack data made available to the User under these Terms. "Licensed Materials" and "TheirStack data" have the same meaning and are used interchangeably.
• "Licensed Materials Contacts" means the business contact information of individuals in a professional capacity that is included in the Licensed Materials.
• "TheirStack Technology" means the software, platform, application programming interfaces, user interfaces, and underlying technology through which TheirStack delivers the Services, as distinct from the TheirStack data itself.
• "Authorized User" means an individual whom the User designates to access and use the Services under the User's account.
• "Ordering Document" means a written order form, order, or similar document executed by both the User and TheirStack that records agreed commercial terms. A User who subscribes self-service through the TheirStack website has no Ordering Document, and provisions of these Terms that operate only by reference to an Ordering Document do not apply to that User.
• "Subscription Fee" means the recurring amount payable by the User for access to the Services, as set out in the TheirStack pricing page or in an Ordering Document.
• "Term" means the period for which the User has subscribed to the Services, whether under a recurring subscription or an Ordering Document.
• "Downstream Recipient" has the meaning given in Section 4.11.

1. Account Terms

To access the service it is essential to be over eighteen (18) years old.

A complete legal name, an email address, and all information required by TheirStack in the account creation process must be provided.

It is the responsibility of the User to provide truthful information, and TheirStack reserves the right to delete any account if it is suspected of its veracity or could breach any of the rules of use of TheirStack.

The User is responsible for maintaining the privacy of his account. TheirStack shall not be liable for any damage or loss that may be the result of user error in protecting your login information.

The parties agree to legally equate the signature of the User with the signature made by any other type of code or element of security identification. Notwithstanding the foregoing, TheirStack may require, when deemed necessary, written confirmation from the User. TheirStack offers plans that adapt to the User's volume of use. The limits of each plan are specified in the prices section. If the User exceeds any of the limits of its plan, it will have to move to a higher plan.

TheirStack reserves the right to modify the rates unilaterally and at any time, without granting such change any right to compensation by the Users. The foregoing does not apply to customers who have paid in advance for a subscription term (whether under an Ordering Document or a prepaid plan), for whom the prices and API credit allocations in effect at the start of the paid term remain fixed for the duration of that prepaid term.

2. Payment and Access

A valid bank card is required to make payments. It is not required to create or use a free account. TheirStack will periodically charge you a recurring fee depending on the type of account you have contracted.

The Service is charged each period in advance. Refunds may be available only under the conditions described in the Refunds and Cancellations Policy. No credits are provided for partial months or periods of non-use.

Unused API Credits: Unused API credits roll over and can be used for up to 12 months from the date they were purchased. This ensures you get full value from your purchased credits even if you don't use them immediately.

Refunds: For information about our refund policy, including specific conditions under which refunds may be available, please refer to our Refunds and Cancellations Policy.

Refunds

Refunds are available only under the conditions described below and in the Refunds and Cancellations Policy:

• No usage of credits: No credits from the invoice for which a refund is requested have been used.
• Within 90 days: The refund request is made within 90 days of the invoice payment date.

If eligible, the refund amount is the amount paid minus payment processing fees (approximately 3% for Stripe transactions). Approved refunds are processed within 5–10 business days.

To request a refund, contact us through https://app.theirstack.com/support/new with “Refund Request” in the subject, include the invoice number and the reason for the request. TheirStack will review and reply within 2 business days.

The customer agrees that it will not be necessary to confirm receipt of the acceptance of the contract when it has been concluded exclusively by means of electronic communication.

In case the User charges an account level for their volume of documents, a charge will not be made on their card with the new amount until the next billing date. From now on, the next billing will be charged on your card for the new amount, unless the account is canceled.

In case of non-payment or return of the receipt, you will be notified of the default and will automatically lose the ability to access the Service. The data will be deleted within thirty (30) days from the date of default.

No fee includes any taxes or duties required by your governmental authorities. The User is responsible for paying these taxes or obligations. The User decides who has the right to enter his account with the role he deems appropriate.

3. Products Provided

TheirStack delivers data via 4 different products:

• Web App: User interface to perform job and company searches, technographic searches, filter jobs by company, view company details, perform company enrichment, create and manage saved searches, configure webhooks, and export data as CSV or Excel.
• API: Programmatic access to the capabilities listed above for integration into customer systems.
• Webhooks: Mechanism to receive notifications when new jobs or companies are identified that match a saved search.
• Datasets: Historical datasets for jobs and companies with daily updates, delivered as flat files via cloud storage.

4. Authorized use of licensed materials and TheirStack technology, restrictions

4.1 Authorized Users

the User shall be entitled to designate persons as Authorized Users up to the number of Authorized Users subscribed as stated in the Ordering Document. If the User designates additional persons as Authorized Users beyond the number subscribed, TheirStack shall notify the User of such excess and the User shall have ten (10) business days from such notice to remedy it (for example, by reassigning or removing designations). If the excess is not remedied within that period, such designation may be deemed by TheirStack as the User's subscription to such additional number of Authorized Users. In the event of such subscription, TheirStack may charge the User a corresponding additional Subscription Fee equal to the per-Authorized User rate set out in the Ordering Document (or, absent such agreed rate, the prevailing per-Authorized User rate) multiplied by the period from the date of notice hereunder until the end of the then-current Term. Each Authorized User will be provided a unique username and password. Such usernames and passwords may not be shared and may not under any circumstances be used by anyone who is not an Authorized User. If any Authorized User's login credentials are disclosed to any person who is not an Authorized User but who would satisfy the qualification requirements of Section 4.2 hereof, TheirStack may, upon notice to the User, deem such sharing to be the User's subscription to the number of additional Authorized Users equal to the number of persons to whom such credentials were disclosed. The User shall be responsible for compliance with the terms of this Agreement by all Authorized Users, including, without limitation, the restrictions on use and transfer of Licensed Materials set forth herein. The User acknowledges and agrees that Authorized Users must provide TheirStack with certain identifying information, including their name and a business email address, and that Authorized Users may be required to accept an end-user license agreement agreeing to TheirStack's privacy policy and representing that they are authorized to access the Services on the User's behalf.

4.2 Qualification of Authorized Users

the User shall not designate any person as an Authorized User unless such person is: (1) a natural person and (2) an employee of the User. The User may designate a non-employee (i.e., an independent contractor) as an Authorized User by providing notice to TheirStack of such designation; TheirStack may object within five (5) business days of such notice, and absent objection the designation shall be deemed approved. Notwithstanding the foregoing, TheirStack may object at any time where the non-employee is a competitor of TheirStack or where TheirStack has reasonable grounds relating to security or risk of unauthorized use. The User shall take reasonable steps to ensure such non-employee uses the Services only as permitted under this Agreement and remains responsible for such non-employee's compliance. If the employment of any Authorized User that was in effect as of the date such person was designated as an Authorized User terminates, such person's authorization to access the Services shall be revoked automatically without any further action by TheirStack. In the event of a termination, the User shall take all reasonable steps to ensure that such person ceases accessing the Services. The User may reassign Authorized User designations at any time subject to the foregoing qualification requirements.

4.3 Authorized Uses and Restrictions

the User may use the Services for the following purposes:

• Business-to-business sales, marketing, recruiting, or business development activities
• Reposting, redistributing, and publicly displaying job postings, including on openly accessible, search-engine-indexable pages (such as job boards) for SEO purposes
• Reselling TheirStack data partially through their own platform
• Viewing and analyzing Licensed Materials
• Communicating with Licensed Materials Contacts in a professional manner
• Identifying prospective sales opportunities
• Researching existing customers and prospects

the User is expressly prohibited from:

• Creating or offering a competing product or service to TheirStack's core services
• Distributing, sublicensing, reselling, or otherwise making available TheirStack data in a way that competes with TheirStack's primary business
• Providing any single customer with any Dataset in whole or substantially in whole, including in a form that enables reconstruction of that Dataset (only partial extracts or subsets may be delivered)
• Sharing login credentials, account access, API keys, or other access methods with any person who is not an Authorized User
• Publishing or displaying TheirStack's company technographic data (such as lists or directories of companies using a given technology) or buying intent data on any publicly accessible website, application, or platform without requiring User authentication (login) or a paid subscription (paywall). For the avoidance of doubt, this restriction does not apply to job postings, which the User may display publicly, including on openly accessible pages
• Using TheirStack's company technographic data or buying intent data to create publicly indexable content (e.g., indexed pages, directories, or landing pages listing companies by technology or by buying-intent signal) designed to attract organic search traffic in a manner that competes with TheirStack's own pages or services. This restriction does not apply to job postings, which the User may publish on publicly indexable pages, including for search engine optimization (SEO) purposes
• Reverse engineering, decompiling, disassembling, or otherwise attempting to derive source code from TheirStack Technology
• Scraping, copying, reproducing, or recreating TheirStack's website content, data, or landing pages, whether through automated means (including but not limited to web crawlers, bots, or scrapers) or manual processes, for use on any other domain, website, or platform
• Copying, reproducing, or mimicking TheirStack's SEO-related elements (including meta tags, meta descriptions, title tags, structured data markup such as JSON-LD/schema.org, canonical tags, or other technical SEO implementations) for use in connection with any competing or similar service

4.4 Limitations on Use of the Services

the User shall use the Services in a responsible and professional manner consistent with the intended and permissible uses herein and consistent with standard industry practice. The User shall not override or circumvent, or attempt to override or circumvent, any security feature, control, or use limits of the TheirStack Technology. The User will not use the Licensed Materials or TheirStack Technology for commercial purposes not permitted under this Agreement and shall not designate any person as an Authorized User if the User has reason to believe such person is likely to use the Services on behalf of a third party or otherwise in violation of this Agreement. TheirStack may use technological means to place reasonable use limits to prohibit excessive use, including excessive downloads or screen views that indicate a violation of this Agreement, such as sharing with third parties or attempting to circumvent limitations to purchased credits (if applicable). TheirStack has the right to limit the access to the Services, if the User does not remedy the breach within fifteen (15) days after receipt of notice in writing, except if TheirStack has to do so for any security reasons. Where the User disputes in good faith the existence of the alleged breach and notifies TheirStack within five (5) business days of receipt of the breach notice, the parties shall escalate the matter to senior representatives for resolution before any access restriction under this Section 4 is applied. This escalation does not apply where TheirStack must act without undue delay for security reasons or a personal data breach, nor to breaches subject to immediate termination under Section 4.7.

4.5 Identification of Licensed Materials

the User shall not integrate Licensed Materials into any CRM, marketing automation, or sales enablement system for the purpose of allowing persons who are not Authorized Users to access or use the Licensed Materials. Any Licensed Materials that are downloaded and/or integrated into any CRM system must be maintained with identifying information indicating that such materials originated with TheirStack by, for example, maintaining a lead source of "TheirStack." This identification obligation applies during the term of the Agreement. Upon termination, Section 4.10 governs the retention and use of Licensed Materials, and this identification requirement no longer applies to records retained under the license granted in Section 4.10.

4.6 Unauthorized Access and Use

In the event TheirStack has a reasonable belief that the User or any Authorized User is engaged in any unauthorized access or use of the Licensed Materials or TheirStack Technology in violation of this Agreement, TheirStack may suspend the User's access to the Licensed Materials and/or TheirStack Technology after a prior written notice remained without effect for fifteen (15) days, except if TheirStack has to do so without undue delay for any security reasons or personal data breach. TheirStack will have, in the event of an actual breach of this Agreement, no liability to the User for such period of suspension and a suspension shall have no effect on the Term of this Agreement nor on the User's obligation to pay the Subscription Fee. If the suspension was due to a breach that is subsequently not confirmed, or that the User remedies within the applicable cure period, TheirStack will issue a pro-rata credit for the period of suspension. In the case of an actual breach, the User's obligation to pay during the suspension continues as set forth in this Section 4.6.

4.7 Material Breach and Immediate Termination

Notwithstanding any cure periods set forth elsewhere in this Agreement, a material breach by the User of any of the prohibitions set forth in Section 4.3 relating to (i) creating or offering a competing product or service, (ii) distributing, sublicensing, reselling, or otherwise making the Licensed Materials available in a manner that competes with TheirStack's primary business, (iii) providing any single customer with any Dataset in whole or substantially in whole, including in a form that enables reconstruction of that Dataset, (iv) publishing or displaying TheirStack's company technographic data or buying intent data on a publicly accessible basis without requiring User authentication or a paid subscription, (v) using TheirStack's company technographic data or buying intent data to create publicly indexable content that competes with TheirStack's own pages or services, (vi) reverse engineering, decompiling, disassembling, or otherwise attempting to derive source code from TheirStack Technology, (vii) scraping, copying, reproducing, or recreating TheirStack's website content, data, or landing pages, or (viii) copying, reproducing, or mimicking TheirStack's SEO-related elements, shall constitute a non-curable material breach entitling TheirStack to terminate this Agreement and the User's access to the Services immediately upon written notice, without any obligation to provide a cure period and without prejudice to any other rights or remedies available to TheirStack.

Notwithstanding the foregoing, where a breach of this Section arises from an inadvertent technical error (as opposed to wilful conduct), the User shall have ten (10) business days from receipt of written notice to remedy the breach before TheirStack may terminate under this Section. The right of immediate termination shall apply where the breach is wilful, is repeated after a prior warning, or cannot reasonably be remedied.

The scope, definition, and full extent of each prohibition referenced above shall be determined by reference to the full text of Section 4.3, which shall control in the event of any inconsistency between this Section 4.7 and Section 4.3. For the avoidance of doubt, the enumeration in this Section 4.7 is intended to identify which Section 4.3 prohibitions give rise to immediate termination, not to narrow or rephrase the underlying restrictions.

Termination under this Section shall not entitle the User to any refund of Subscription Fees or other amounts paid and shall not relieve the User of any obligations accrued prior to termination.

4.8 Injunctive Relief

The User acknowledges that any violation of Sections 4.3, 4.4, 4.5, 4.7, 4.11, 4.12, or 4.13 may cause irreparable harm to TheirStack for which monetary damages would be inadequate and difficult to quantify. Accordingly, TheirStack shall be entitled to seek injunctive relief, specific performance, and other equitable remedies in any court of competent jurisdiction, without the necessity of posting a bond or other security and without the obligation to prove actual damages, in addition to any other remedies available at law or under this Agreement.

4.9 Audit Right

Upon reasonable prior written notice of no less than ten (10) business days, the User shall provide TheirStack with reasonable information and cooperation necessary to verify compliance with this Agreement. This may include, without limitation, identifying public URLs, applications, or systems where TheirStack data is used, stored, displayed, or redistributed; the number of Authorized Users accessing the Services; and the manner in which TheirStack data is integrated into the User's systems. Audits shall be conducted no more than once per twelve (12) month period, except where TheirStack has a reasonable belief that a material breach of this Agreement has occurred, in which case TheirStack may conduct an audit at any time. The User shall bear its own costs of cooperation with such audits.

4.10 Survival and Post-Termination Obligations

The restrictions set forth in Sections 4.3, 4.4, 4.5, 4.7, 4.11, 4.12, and 4.13, as well as Sections 7 (Copyright and Intellectual Property), 8 (Liability), and any provisions which by their nature are intended to survive, shall survive termination or expiration of this Agreement and shall continue to apply indefinitely, with no time limit and without regard to how long ago the Agreement ended. They apply in particular to all TheirStack data retained by the User under the license granted in this Section 4.10.

Cancellation is not termination while credits remain. Cancelling a recurring subscription does not terminate this Agreement or the User's right to use the Services for so long as the User holds unused API credits within their validity period under Section 2. The obligations in this Section 4.10 are triggered by termination of the Agreement, and the periods set out below run from the date access to the Services actually ends, being the later of termination of the Agreement and expiry of the User's unused API credits. This paragraph does not apply where TheirStack terminates for material breach under Sections 4.6 or 4.7, in which case access and any remaining credits end on the date stated in the notice.

Upon termination for any reason, the User shall, within thirty (30) days, cease all access to and use of the TheirStack Technology and the Services, and shall make no further extraction of TheirStack data.

Perpetual license to retain and use TheirStack data internally. TheirStack grants the User a perpetual, worldwide, royalty-free, non-exclusive, non-transferable, non-sublicensable license to retain and continue to use internally, after termination, all TheirStack data lawfully obtained during the Term, including TheirStack data integrated into the User's CRM, marketing automation, data warehouse, or other internal systems. This license is granted in consideration of the User's continuing compliance with the restrictions in Sections 4.3, 4.11, 4.12, and 4.13, which apply to the retained TheirStack data indefinitely and are not limited to the Term. The license terminates automatically if the User breaches any of those restrictions, in which case the deletion obligation below applies to all TheirStack data in the User's possession or control. For the avoidance of doubt, this license permits internal use only; it does not permit resale, redistribution, publication, or any other use prohibited by Section 4.

Deletion of bulk copies. The license in the preceding paragraph does not extend to bulk copies. Upon termination for any reason, the User shall, within thirty (30) days, delete or destroy every copy in its possession or control of any Dataset in whole or substantially in whole, and any copy or derivative that would enable the reconstruction of any Dataset in whole or substantially in whole, including flat files delivered under the Datasets product described in Section 3, bulk exports, raw API response archives, and replicas held by third parties on the User's behalf. Delivery of a file under the Datasets product does not grant the User the right to retain that file after termination; the license in the preceding paragraph covers the records the User has integrated into its own systems, not the delivered file. Copies residing in backups and legacy systems shall be deleted within ninety (90) days or in accordance with the User's standard backup rotation schedule, and shall not be restored into active use. This obligation does not apply to records integrated into the User's own systems that relate to the User's own customers, prospects, or business contacts, which the User may retain under the license granted above, nor to data the User is required to retain under applicable legal or regulatory obligations.

Derived and aggregated output. Aggregated statistics, indexes, taxonomies, classifications, scores, graphs, models, forecasts, and metadata generated by the User (including by means of large language models) from TheirStack data are the User's own, and the User may retain, use, and disclose them after termination without restriction under this Section, provided that they do not contain and do not permit the reconstruction of any Dataset in whole or substantially in whole, and provided that their disclosure is not a means of circumventing the restrictions in Sections 4.3, 4.11, or 4.12. Nothing in this Agreement requires the deletion of such derived or aggregated output.

TheirStack may verify compliance with this Section 4.10 by exercising the audit right in Section 4.9. Where TheirStack does so, the User shall, upon written request, provide written confirmation signed by an officer of the User, or by the User's data protection officer or equivalent, that the deletion required by this Section has been completed. No such confirmation is required otherwise.

4.11 Third-Party Access and Flow-Through of Restrictions

Where the User's use of the Services results in TheirStack data being accessible to, displayed to, delivered to, or used by any third party — including the User's own customers, end users, partners, or contractors (each a "Downstream Recipient") — the User shall ensure that each Downstream Recipient is bound by written terms at least as restrictive as those set forth in this Section 4 with respect to the use of TheirStack data. This requirement does not apply to anonymous visitors to publicly accessible pages displaying job postings as permitted under Section 4.3, provided the User otherwise complies with this Agreement. The User shall be responsible for the acts and omissions of its Downstream Recipients as if they were the User's own. Any breach of such restrictions by a Downstream Recipient shall constitute a breach of this Agreement by the User.

4.12 Permitted and Prohibited Redistribution

the User may make TheirStack data available to Downstream Recipients as an integrated component of the User's own products or services, provided that the TheirStack data is not the sole or primary source of value of such product or service. The User shall not, without TheirStack's prior written consent, distribute, sublicense, resell, or otherwise make TheirStack data available as a standalone dataset, data feed, or data product where the TheirStack data constitutes the primary value of the offering. For the avoidance of doubt, this Section does not restrict the User's internal use of TheirStack data as permitted by this Agreement, nor does it restrict access to TheirStack's free catalog and reference data (such as technology lists, industry classifications, and location catalogs).

4.13 Change of Control, Successors, and Assigns

The restrictions in this Section 4 bind the User and its successors and assigns, and the User shall not assign or transfer this Agreement, or any right granted under it, without TheirStack's prior written consent. TheirStack data is not transferable as an asset. The User shall not sell, assign, transfer, or otherwise make TheirStack data available, whether during the Term or after termination, to any acquirer, successor entity, receiver, administrator, insolvency practitioner, or other third party in connection with a merger, acquisition, sale of assets, reorganization, change of control, or insolvency proceeding, without TheirStack's prior written consent. TheirStack shall not unreasonably withhold such consent where the proposed transferee agrees in writing to be bound by this Section 4 with respect to the TheirStack data. Absent such consent, the User shall delete or destroy all TheirStack data in its possession or control before completion of the transaction, and the license granted in Section 4.10 does not pass to the transferee. TheirStack may assign this Agreement to an affiliate or in connection with a merger, acquisition, or sale of all or substantially all of its assets.

4.14 Reservation of Database Rights

In addition to and independently of the rights granted and reserved elsewhere in this Agreement, TheirStack expressly reserves the sui generis database right in each Dataset under Directive 96/9/EC and the national laws implementing it, together with any equivalent right in any other jurisdiction. Except as expressly permitted by this Agreement, no person may extract or re-utilize the whole or a substantial part of any Dataset, evaluated qualitatively or quantitatively, nor repeatedly and systematically extract or re-utilize insubstantial parts of it in a manner that conflicts with TheirStack's normal exploitation of that Dataset or unreasonably prejudices TheirStack's legitimate interests. This reservation applies whether or not the person concerned is a party to this Agreement, and survives termination or expiration of this Agreement.

5. Service and pricing modifications

TheirStack reserves the right to modify or suspend, temporarily or permanently, the Service at any time for any reason with or without notice if it deems it convenient. TheirStack reserves the right to change monthly fees with a notice of 15 days. For customers who have paid in advance for a subscription term (whether under an Ordering Document or a prepaid plan), fees and API credit allocations remain fixed for the duration of that prepaid term. Notification of quota changes will be posted on TheirStack's website and in writing.

6. Cancelation

The User is responsible for the proper cancellation of his account. You can cancel your account at any time by going to app.theirstack.com/settings/billing. Once your account is canceled, you won't be charged anymore.

The User can cancel his account at any time but will be responsible for all the charges made until that moment, including the full monthly charge for the month in which he suspends the service. Thereafter, you will not be charged. TheirStack reserves the right to cancel an account or prevent the use of the Software to those who do not comply with the present conditions of use.

API credits survive cancellation. Cancelling a recurring subscription does not forfeit API credits already purchased. Those credits remain valid and usable for the full validity period set out in Section 2 (twelve months from the date of purchase), and the User keeps access to the Services for the purpose of consuming them. The post-termination obligations in Section 4.10 do not begin until that access ends. This does not apply where TheirStack terminates for material breach under Sections 4.6 or 4.7.

7. Copyright and intellectual property

TheirStack owns all the Intellectual Property rights of all and any of the components of the Service that may be protected, including but not limited to the name of the Service, graphic material, all software associated with the Service, and the elements of the User interface contents In the Service, many of the individual characteristics and related documentation. The User undertakes not to copy, adapt, reproduce, distribute, reverse engineer, decompile, or disguise any facet of the Service that TheirStack owns. The User also accepts and agrees not to use robots, spiders, other automated devices, or manual processes to control or copy any content of the Service. TheirStack will not claim rights over the Intellectual Property of the Content that the User uploads or provides to the Service, and TheirStack will not disclose or make such Content available to third parties except as necessary to provide the Service or as required by law.

Confidentiality. Each party (the "Receiving Party") shall keep confidential all non-public information disclosed by the other party (the "Disclosing Party"), including pricing, usage data, business processes, and the terms of this Agreement ("Confidential Information"), shall use it only to perform this Agreement, and shall protect it with at least the same care it uses for its own confidential information. Confidential Information does not include information that (a) is or becomes publicly available through no fault of the Receiving Party; (b) was lawfully known to the Receiving Party without obligation of confidence prior to disclosure; (c) is independently developed without use of the Disclosing Party's Confidential Information; or (d) is required to be disclosed by law or a competent authority, provided the Receiving Party gives reasonable prior notice where legally permitted. This obligation survives termination of the Agreement.

8. Liability and Limitation

8.1 Direct Damages Only

TheirStack shall be liable only for direct damages resulting from the proven non-performance of its essential contractual obligations under this agreement, and only to the extent such non-performance is due to gross negligence or willful misconduct.

8.2 Exclusion of Indirect Damages

To the maximum extent permitted by applicable law, neither party shall be liable to the other for any indirect, consequential, incidental, special, exemplary, or punitive damages, including without limitation loss of profits, loss of revenue, loss of business opportunity, loss of goodwill, loss of reputation, loss of anticipated savings, loss of data, cost of substitute services, or any claim brought by a third party against the User, regardless of the legal theory of the claim (whether contract, tort, negligence, strict liability, or otherwise) and even if the party has been advised of the possibility of such damages.

8.3 Aggregate Liability Cap

To the maximum extent permitted by applicable law, TheirStack's aggregate liability arising out of or relating to this agreement, the Services, or the TheirStack data, whether in contract, tort (including negligence), statute, or any other legal theory, shall not exceed the total amount actually paid by the User to TheirStack during the twelve (12) months immediately preceding the event giving rise to the claim. Multiple claims shall not enlarge this limit. The User acknowledges that the Subscription Fees reflect the allocation of risk set forth in this Section and that TheirStack would not enter into this agreement without these limitations.

8.4 Data Sources and No Warranty Regarding Third-Party Rights

TheirStack aggregates data from publicly available sources on the internet. TheirStack makes no representation or warranty, express or implied, that the data, or the User's use, redistribution, integration, or exploitation of the data, will not give rise to claims by third parties, including without limitation the operators of source websites, data subjects, or other rights holders. The User acknowledges the nature and origin of the data and assumes all risk arising from its use, redistribution, and integration. TheirStack shall have no obligation to defend, indemnify, or hold harmless the User against any such third-party claim, and any such claim shall not constitute a breach of this agreement by TheirStack.

8.5 No Warranty of Availability or Accuracy

The Services and the TheirStack data are provided "AS IS" and "AS AVAILABLE." TheirStack does not warrant that the Services will be uninterrupted, error-free, complete, or that any particular source, field, record, or feature will remain available. The User is solely responsible for evaluating the fitness of the data for its intended purposes.

8.6 Mutual Direct Damages

Each Party shall be responsible for the proper performance of its obligations and agrees to compensate the other only for direct and reasonably foreseeable damages arising from its breach of this agreement, subject in all cases to the limitations set forth in this Section 8.

9. Marketing Consent

By using the Service, the User agrees that TheirStack may use the User's company name, logo, and domain name in marketing materials (including on the TheirStack website, presentations, and promotional content). Where the customer has entered into a negotiated Ordering Document, TheirStack will obtain the customer's prior written consent before such use. Any customer may opt out at any time by contacting TheirStack at hi@theirstack.com, and TheirStack will cease such use within a reasonable period.

10. General Terms

The User is fully responsible for the access and correct use of TheirStack subject to the current legality, whether national or international, as well as the principles of good faith, morality, good customs, and public order. And specifically, it acquires the commitment to diligently observe these Terms. The User agrees not to resell, duplicate, reproduce, or exploit any part of the Services without the express written consent of TheirStack.

TheirStack makes no warranties with respect to its ability to use the Service, its satisfaction with the Service, that the Service is available at all times, uninterruptedly and without errors, the accuracy of the mathematical calculations performed by the Service, and the correction Of the errors of the Service.

Neither TheirStack nor its partners nor its sponsors are liable for any direct, indirect, consequential, special, exemplary, punitive, or other damages arising out of or in any way connected with the use made by the User of the service. The User can only solve his dissatisfaction with the Service by not using it and canceling his account. If any of the conditions described here are invalidated or can not be applied, the application of any of the remaining ones should not be affected in any case. Any questions regarding these Terms should be directed to TheirStack via email at hi - at - TheirStack - dot - com

These Terms establish an absolute understanding between you and TheirStack regarding the Services and prevail over any prior agreement reached between you and TheirStack. These Terms, and your relationship with TheirStack under them, shall be governed by the laws of Spain. The User and TheirStack agree to submit to the exclusive jurisdiction of the courts of Vigo, Spain to resolve any legal questions regarding these Terms; provided, however, that TheirStack may seek injunctive relief, specific performance, and other equitable remedies pursuant to Section 4.8 in any court of competent jurisdiction worldwide where necessary to prevent or enjoin a breach of Sections 4.3, 4.4, 4.5, 4.7, 4.11, 4.12, or 4.13.