Terms of Service

1.1 Agreement to Terms

By accessing or using Stackkd ("Platform"), you agree to be bound by these Terms of Service ("Terms") and all applicable laws and regulations.

1.2 Age Requirement - 18+ ONLY

YOU MUST BE AT LEAST 18 YEARS OLD TO USE STACKKD. By using our Platform, you represent and warrant that you are at least 18 years of age. We do not knowingly collect information from or provide services to minors under 18. This age restriction is strictly enforced to comply with child labor laws and protect minors from adult-oriented content and services.

1.3 Capacity

You represent that you have the legal capacity to enter into this agreement and are not prohibited from using the Platform under applicable law.

1.4 Business Use

If you are using Stackkd on behalf of a business, you represent that you have authority to bind that business to these Terms.

2.1 Service Overview

Stackkd is a marketplace connecting influencers, content creators, and digital entrepreneurs with service providers, freelancers, and other creators for:

• Hiring virtual assistants and agencies
• Purchasing promotional services
• Posting custom job requirements
• Facilitating secure transactions through escrow

2.2 Professional Services Platform

Stackkd is a professional services marketplace where creators from various industries, including adult entertainment, hire business services such as virtual assistants, marketing agencies, community managers, and other professional support services. No visual content (images, videos, or adult material) is hosted, displayed, or shared through the Platform's public marketplace interface.

3.1 Account Registration

• Provide accurate, complete, and current information
• Maintain and update your account information
• Safeguard your login credentials
• Notify us immediately of any unauthorized use

3.2 Account Termination Rights

We reserve the right to suspend or terminate accounts at our sole discretion for:

• Violation of these Terms
• Fraudulent or illegal activity
• Misrepresentation of identity or services
• Abuse of other users
• Any conduct we deem harmful to the Platform

3.3 User Responsibilities

You are solely responsible for:

• All activities under your account
• Compliance with applicable laws
• Payment of all fees and taxes
• Content you post or share
• Professional conduct with other users

4.1 Strictly Prohibited Activities

• Illegal activities or services
• Fraud, scams, or deceptive practices
• Harassment, threats, or abuse
• Spam or unsolicited communications
• Circumventing platform fees
• Creating multiple accounts to evade restrictions
• Automated scraping or data harvesting
• Reverse engineering our Platform

4.2 Content Restrictions

• No illegal content
• No hate speech or discriminatory content
• No doxxing or privacy violations
• No copyright infringement
• No malware or harmful code
• No unsolicited adult content in private communications

4.3 Private Communication Policy

While the Platform does not host or display visual content publicly, users communicating through private messages must:

• Obtain consent before sharing any sensitive material
• Respect professional boundaries in business communications
• Report any unwanted or inappropriate content received
• Use the Platform solely for legitimate business purposes

5.1 Platform Fees

• 5% platform fee for Stripe-verified providers
• 10% platform fee for Coinbase-verified providers
• Additional payment processing fees apply (e.g. Stripe fees)
• Fees are non-refundable except as required by law

5.2 Dispute Resolution Fees

• Formal arbitration fee: $15-50 depending on transaction amount
• Frivolous or repeated disputes: $100 penalty fee
• Chargeback processing fee: $15 per occurrence

5.3 Escrow System

• Initial retainer payment held by Stackkd to activate agreements
• Direct payments made from client to provider for completed work
• Retainer released to client upon successful project completion and payment
• In case of disputes, retainer may be released to provider if work was delivered and client failed to pay
• Retainer serves as security deposit and agreement activation mechanism

5.4 Payment Terms

• Payments processed through Stripe
• Payouts processed through Stripe or Coinbase
• Chargebacks result in immediate account review
• Failed payments may result in account suspension
• You are responsible for all applicable taxes

6.1 Platform Rights

Stackkd owns all rights to the Platform, including trademarks, copyrights, and proprietary technology.

6.2 User Content

• You retain ownership of content you create
• You grant us license to display, process, and distribute your content
• You warrant you have rights to all content you post
• We may remove content that violates these Terms

7.1 Service Disclaimer

STACKKD IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

7.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, STACKKD'S LIABILITY IS LIMITED TO THE AMOUNT OF FEES PAID BY YOU IN THE 12 MONTHS PRECEDING THE CLAIM. WE ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES.

7.3 User Disputes

We are not responsible for disputes between users. Our dispute resolution service is provided as a convenience, not a guarantee.

8.1 General Indemnification

You agree to defend, indemnify, and hold harmless Stackkd, its parent companies, subsidiaries, affiliates, officers, directors, employees, agents, contractors, licensors, service providers, and successors from and against any and all claims, demands, actions, suits, proceedings, investigations, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees, court costs, and expert witness fees) arising from or relating to:

• Your use or misuse of the Platform or Services
• Your violation of these Terms of Service or any applicable law or regulation
• Your violation of any third-party rights, including intellectual property, privacy, publicity, or contractual rights
• Your interactions, communications, or transactions with other users
• Any content, information, or materials you post, upload, or transmit through the Platform
• Your business operations, services, or professional conduct
• Any negligent acts, omissions, or willful misconduct on your part
• Any breach of representations, warranties, or covenants made by you
• Any tax liabilities arising from your use of the Platform
• Any employment or contractor disputes related to work performed through the Platform

8.2 Defense Obligation

Upon Stackkd's request, you will assume control of the defense and settlement of any claim subject to indemnification, provided that Stackkd may, at its option and expense, participate in such defense with counsel of its choice. You may not settle any claim without Stackkd's prior written consent.

8.3 Cooperation

You agree to cooperate fully with Stackkd in the defense of any claim, including providing access to relevant documents, information, and witnesses.

8.4 Notice

Stackkd will provide you with prompt written notice of any claim for which indemnification is sought, though failure to provide such notice will not relieve you of your indemnification obligations except to the extent you are materially prejudiced by such failure.

8.5 Survival

This indemnification obligation will survive termination of your account and these Terms of Service.

9.1 Mandatory Arbitration

Any disputes, claims, or controversies arising from or relating to these Terms, your use of Stackkd, or the relationship between you and Stackkd shall be resolved exclusively through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, rather than in court. The arbitration shall be conducted by a single arbitrator and take place in Wilmington, Delaware. Judgment on the arbitration award may be entered in any court having jurisdiction.

9.2 Exceptions to Arbitration

The following disputes are exempt from mandatory arbitration:

• Claims in small claims court (under $10,000)
• Requests for injunctive or equitable relief to protect intellectual property
• Claims related to the validity or enforceability of these Terms

9.3 Class Action Waiver

You waive the right to participate in class actions, class arbitrations, or any collective or representative proceedings against Stackkd. All disputes must be brought individually, and you cannot act as a representative or member of any class.

9.4 Governing Law and Jurisdiction

These Terms are governed by the laws of Delaware and the United States, without regard to conflict of law principles. Any court proceedings (for non-arbitrable matters) shall be conducted exclusively in the state and federal courts located in New Castle County, Delaware.

9.5 Limitation Period

Any claim must be brought within one (1) year after the cause of action arises, or such claim will be permanently barred.

9.6 Costs and Fees

Each party shall bear their own costs and attorneys' fees in arbitration, except that the prevailing party may recover reasonable attorneys' fees for frivolous claims.

10.1 Term Modifications

We may modify these Terms at any time. Continued use constitutes acceptance of modified Terms.

10.2 Service Termination

We may discontinue or modify the Platform at any time without liability to users.

10.3 Effect of Termination

Upon termination, your right to use the Platform ceases immediately. Provisions regarding liability, indemnification, and dispute resolution survive termination.