Terms of Service and Privacy Policy

These Terms of Service and Privacy Policy govern your use of RecurringStack's websites, applications, APIs, and related services (collectively, the "Services"). The Services are provided by Hawkins Technology Group LLC, doing business as RecurringStack ("RecurringStack," "we," "us," or "our"). By creating an account, accessing, or using the Services, you agree to these terms on behalf of yourself and, if applicable, the business or organization you represent ("Customer"). You represent that you have authority to bind that Customer.

Terms of Service

1. Your Account and Authorized Users

You must provide accurate account information and keep it current. You are responsible for maintaining the confidentiality of credentials, managing access for your authorized users, and all activity performed through your account. You will promptly notify us if you suspect unauthorized access. You are responsible for ensuring that your authorized users and customers comply with these terms.

2. Use of the Services

You may use the Services only for your internal business purposes and in compliance with these terms and applicable law. You must not misuse the Services, interfere with their operation or security, attempt to gain unauthorized access, transmit unlawful or harmful material, use the Services to infringe another person's rights, resell the Services except as expressly authorized by us, or reverse engineer the Services except to the extent that restriction is prohibited by law.

3. Customer Data and Responsibilities

You retain ownership of the data you submit to the Services, including data about your customers and end users ("Customer Data"). You grant RecurringStack the limited rights needed to host, process, transmit, display, back up, and otherwise use Customer Data solely to provide, secure, support, and improve the Services. You are responsible for Customer Data, its accuracy, and obtaining all notices, consents, permissions, and lawful bases required to collect, use, disclose, and process it through the Services. You will not submit payment card data or other regulated data unless the applicable Service expressly supports it and you comply with all applicable legal, contractual, and industry requirements.

4. Fees, Taxes, and Billing

Paid Services are billed according to the plan, pricing, and billing terms presented when you subscribe. You authorize RecurringStack or its payment processors to charge applicable fees and taxes using your selected payment method. Fees are due when charged and are non-refundable except where required by law. You are responsible for applicable sales, use, value-added, withholding, and similar taxes, excluding taxes based on our net income. We may suspend or terminate paid Services for overdue amounts after reasonable notice.

5. Third-Party Services and Payment Processing

The Services may integrate with third-party providers, including payment processors. Your use of those services is subject to their own terms and privacy practices. RecurringStack does not control and is not responsible for third-party services, payment processing, chargebacks, payment failures, or their availability. You are responsible for your merchant relationships, payment obligations, and customer-facing disclosures unless we expressly agree otherwise in writing.

6. Intellectual Property

RecurringStack and its licensors retain all rights, title, and interest in the Services, including related software, documentation, designs, and trademarks. These terms do not grant you ownership of the Services or any RecurringStack intellectual property.

7. Suspension, Termination, and Data Export

You may stop using the Services at any time. We may suspend or terminate access when reasonably necessary to protect the Services, comply with law, address a violation of these terms, respond to a security risk, or collect overdue amounts. Before termination, you are responsible for exporting Customer Data made available through the Services. After termination, we may delete Customer Data in accordance with our retention practices and are not obligated to retain it except where required by law or agreed in writing. Provisions that by their nature should survive termination will survive.

8. Disclaimers

To the maximum extent permitted by law, the Services are provided "as is" and "as available" without warranties of any kind, whether express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, or uninterrupted availability. RecurringStack does not guarantee that the Services will be uninterrupted, error-free, secure, or meet your requirements. The Services do not provide legal, tax, accounting, financial, or regulatory advice; you are responsible for obtaining independent professional advice.

9. Security and Limitation of Liability

We use reasonable administrative, technical, and organizational safeguards designed to protect Customer Data, including encryption in transit and encryption at rest where supported by the applicable systems. However, no internet transmission, software, storage system, or security control is completely secure. You acknowledge that unauthorized access, disclosure, alteration, loss, or destruction of data may occur despite reasonable safeguards. To the maximum extent permitted by law, RecurringStack is not responsible for any security incident, data leak, breach, loss, or corruption except to the extent directly caused by our gross negligence or willful misconduct.

To the maximum extent permitted by law, RecurringStack will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenues, goodwill, data, business opportunities, or the cost of obtaining substitute services, arising from or related to the Services. Our total aggregate liability arising from or related to the Services will not exceed the fees you paid to RecurringStack for the Services during the twelve months immediately preceding the event giving rise to liability. These limitations apply regardless of the form of action and even if a remedy fails of its essential purpose.

10. Indemnification

You will defend, indemnify, and hold harmless RecurringStack, Hawkins Technology Group LLC, and our officers, directors, employees, contractors, and agents from and against claims, damages, liabilities, losses, and expenses, including reasonable attorneys' fees, arising from or related to Customer Data, your use of the Services, your products or services, your relationship with your customers or end users, or your violation of these terms or applicable law.

11. Binding Arbitration and Class-Action Waiver

Except for claims eligible for small claims court and requests for temporary or permanent injunctive relief to protect intellectual property, confidentiality, or prevent unauthorized use of the Services, any dispute, claim, or controversy arising out of or relating to these terms or the Services will be resolved by binding individual arbitration, rather than in court. The Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision.

Arbitration will be administered by the American Arbitration Association under its applicable Commercial Arbitration Rules, as modified by these terms, and conducted by a single neutral arbitrator. The arbitration may be conducted remotely, in the county of your residence or principal place of business, or at another mutually agreed location. The arbitrator may award the same individualized relief available in court, but may not award relief for or against anyone who is not a party to the arbitration.

YOU AND RECURRINGSTACK AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLASS MEMBER, OR REPRESENTATIVE IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION. Unless both parties agree otherwise, the arbitrator may not consolidate claims or preside over any class, collective, consolidated, or representative proceeding. You may opt out of this arbitration provision within 30 days after first accepting these terms by sending written notice to support@recurringstack.com with your name, account email address, and a clear statement that you wish to opt out.

12. Governing Law and Venue

Except to the extent preempted by the Federal Arbitration Act, these terms and any dispute arising from them are governed by the laws of the State of Texas, without regard to conflict-of-law principles. For disputes not subject to arbitration, you and RecurringStack consent to the exclusive jurisdiction and venue of the state and federal courts located in Texas.

13. General Terms

You may not assign or transfer these terms without our prior written consent. We may assign these terms in connection with a merger, acquisition, corporate reorganization, or sale of assets. Neither party is liable for delay or failure to perform caused by events beyond its reasonable control. These terms are the entire agreement between you and RecurringStack regarding the Services and supersede prior agreements on that subject. If any provision is unenforceable, the remaining provisions remain in effect. Our failure to enforce a provision is not a waiver.

14. Changes to These Terms

We may update these terms from time to time. When we do, we will post the revised version on this page and update the effective date. Your continued use of the Services after an update becomes effective constitutes acceptance of the revised terms.

15. Contact

Questions about these terms can be sent to support@recurringstack.com.

Privacy Policy

1. Roles and Information We Collect

When we process Customer Data on a Customer's behalf, the Customer is generally the controller or business and RecurringStack acts as a service provider or processor. We collect information you provide directly, such as your name, email address, organization details, account credentials, billing information, support requests, and content or data you submit through the Services. We may also collect technical and usage information, such as IP address, browser type, device information, pages or features used, timestamps, and diagnostic logs.

2. How We Use Information

We use information to provide and operate the Services, authenticate users, process transactions, respond to requests, communicate about accounts and service changes, protect against fraud and abuse, comply with legal obligations, and improve the performance and usability of the Services.

3. How We Share Information

We may share information with service providers that help us operate the Services, such as hosting, communications, analytics, and payment providers. We may also disclose information when required by law, to protect rights, safety, and security, or in connection with a business transaction such as a merger, acquisition, or sale of assets. We do not sell personal information for money.

4. Data Retention and Security

We retain information for as long as needed to provide the Services, meet legal obligations, resolve disputes, and enforce agreements. We use reasonable administrative, technical, and organizational safeguards designed to protect information, including encryption in transit and encryption at rest where supported by the applicable systems. No method of transmission or storage is completely secure, so we cannot guarantee absolute security or that unauthorized access, disclosure, loss, or alteration will never occur.

5. Your Choices and Rights

Depending on where you live, you may have rights to request access to, correction of, deletion of, or a copy of personal information we hold about you. You may also have the right to object to or restrict certain processing. To make a request, contact us using the address below. We may need to verify your identity before fulfilling a request.

6. International Processing

Information may be processed in countries other than the one in which it was collected. Those countries may have data protection laws that differ from the laws of your country.

7. Policy Updates

We may update this Privacy Policy to reflect changes to our practices or legal requirements. We will post the updated policy on this page and revise the effective date when changes take effect.

8. Privacy Contact

For privacy questions or requests, contact support@recurringstack.com.