Terms of Service

Please read these Terms of Service (“Terms,” “Terms of Service”) carefully before using the StratTab website and demand forecasting services (collectively, the “Service”) operated by Strategic Tabulation Systems, Inc. (“StratTab,” “we,” “us,” or “our”).

By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the terms, you may not access the Service.

1. Accounts

1.1 Registration

When you create an account with us, you must provide accurate, complete, and current information at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account.

1.2 Account Security

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

1.3 Account Types

We offer different account types with varying features and limitations. The specific terms of your account, including pricing and usage limits, are outlined in your service agreement or subscription plan.

2. Use of the Service

2.1 License

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Service for your internal business purposes during the term of your subscription.

2.2 Acceptable Use

You agree not to use the Service:

• In any way that violates any applicable law or regulation
• To transmit any material that is defamatory, offensive, or otherwise objectionable
• To attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Service
• To take any action that imposes an unreasonable or disproportionately large load on our infrastructure
• To attempt to reverse engineer, decompile, or disassemble any portion of the Service
• To use the Service for any purpose that competes with our business
• To access, tamper with, or use non-public areas of the Service without authorization

2.3 API Usage

If you access the Service via our API, you agree to comply with any rate limits and usage guidelines specified in our API documentation. We reserve the right to suspend or terminate API access for violations of these guidelines.

3. Data and Content

3.1 Your Data

You retain all rights to the data you submit to the Service (“Your Data”). By submitting Your Data, you grant us a license to use, process, and analyze it solely for the purpose of providing and improving the Service.

3.2 Data Ownership

We do not claim ownership of Your Data. You represent and warrant that you have the right to submit Your Data to the Service and that doing so does not violate any third-party rights.

3.3 Data Deletion

Upon termination of your account, we will delete Your Data in accordance with our data retention policies, except where we are required to retain it by law or for legitimate business purposes.

4. Intellectual Property

4.1 Our Intellectual Property

The Service and its original content, features, and functionality are and will remain the exclusive property of StratTab and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries.

4.2 Trademarks

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of StratTab.

4.3 Feedback

Any feedback, suggestions, or ideas you provide regarding the Service may be used by us without restriction or compensation to you.

5. Payment Terms

5.1 Subscription Fees

Certain features of the Service require payment of fees. You agree to pay all fees specified in your subscription plan. All fees are exclusive of taxes, which you are responsible for paying.

5.2 Billing

We bill on a subscription basis. Your subscription will automatically renew at the end of each billing period unless you cancel it. You authorize us to charge your payment method for all fees incurred.

5.3 Refunds

Fees are non-refundable except as required by law or as explicitly stated in your service agreement. We may, at our sole discretion, offer refunds in certain circumstances.

5.4 Price Changes

We reserve the right to change our prices at any time. Price changes will take effect at the start of the next billing period after we notify you.

6. Termination

6.1 Termination by You

You may terminate your account at any time by following the instructions on the Service or by contacting us. Upon termination, your right to use the Service will immediately cease.

6.2 Termination by Us

We may terminate or suspend your account immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the Service will immediately cease.

6.3 Effect of Termination

Upon termination, all provisions of these Terms which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

7. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. STRATTAB EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT ANY ERRORS IN THE SERVICE WILL BE CORRECTED. FORECASTS AND PREDICTIONS PROVIDED BY THE SERVICE ARE ESTIMATES AND SHOULD NOT BE RELIED UPON AS GUARANTEES OF FUTURE PERFORMANCE.

8. Limitation of Liability

IN NO EVENT SHALL STRATTAB, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE.

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO US DURING THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY.

9. Indemnification

You agree to defend, indemnify, and hold harmless StratTab and its licensees and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses arising from your use of and access to the Service, or your violation of any term of these Terms.

10. Governing Law

These Terms shall be governed and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

11. Dispute Resolution

Any dispute arising from or relating to these Terms or the Service shall first be addressed through good faith negotiation. If the dispute cannot be resolved through negotiation, it shall be resolved through binding arbitration in San Francisco, California, in accordance with the rules of the American Arbitration Association.

12. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

13. Third-Party Services

The Service may contain links to third-party websites or services that are not owned or controlled by StratTab. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that StratTab 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 use of or reliance on any such content, goods, or services available on or through any such websites or services.

14. Service Level Agreements

For Enterprise customers, specific service level agreements (SLAs) regarding uptime, support response times, and other metrics may be specified in a separate written agreement. In the absence of such an agreement, we commit to commercially reasonable efforts to maintain Service availability.

15. Force Majeure

Neither party shall be liable for any failure or delay in performing its obligations under these Terms to the extent such failure or delay results from circumstances beyond the party's reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

16. Entire Agreement

These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

17. Severability

If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

18. Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. A waiver will only be binding if it is in writing and signed by an authorized representative of StratTab.

19. Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. We may assign or transfer these Terms, at our sole discretion, without restriction.

20. Contact Us

If you have any questions about these Terms, please contact us:

Strategic Tabulation Systems, Inc.
123 Forecast Lane
San Francisco, CA 94102
Email: legal@strattab.com
Phone: +1 (555) 123-4567