Terms & Policies

Stackup Onboard App Terms of Service

Updated: 25th March 2024

PLEASE READ THESE PLATFORM TERMS OF SERVICE (THESE “TERMS”) CAREFULLY. THESE TERMS GOVERN YOUR USE OF THE STACKUP ONBOARD APP (THE “APP”) HOSTED ON HTTPS://ONBOARD.STACKUP.DEV AND OWNED AND OPERATED BY STACKUP. YOU ARE ADVISED TO FULLY UNDERSTAND YOUR OBLIGATIONS AND RISKS UNDER THESE TERMS BEFORE USING IT. IF YOU HAVE ANY CONCERNS WITH THESE TERMS, PLEASE CONSULT A PROFESSIONAL ADVISOR BEFORE ENTERING INTO AND ACCEPTING THESE TERMS.

 

You will be deemed to have accepted and agreed to these Terms by: (i) registering for an Account on https://stackup.dev (the “Platform”); (ii) accessing and/or using the App, whether such access and/or use is directly via the Platform or the App or indirectly via third party applications, websites and/or platforms; (ii) agreeing to any other Documentation that references and/or incorporates these Terms; and/or (iii) using the App Services in any way (the “Commencement”), on such date that the Commencement begins (the “Commencement Date”). 

 

References to “you”, “your” and “User” shall refer to you as the person who has accepted and agreed to these Terms. If you are entering into these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind such entity and its relevant Affiliates (as a User) to these Terms. If you do not have such authority, or if you do not agree with these Terms, you must not accept these Terms and are not permitted to use the App.

 

These Terms and all other policies and documents published by us on the App are expressly deemed to be incorporated into our Platform 2.0 terms of service (the “Platform Terms”). 

These Terms may be changed by us from time to time without any prior notice. You may determine if any such changes have taken place by referring to the “Last Updated” date on which these Terms were last updated. You are encouraged to check for any updates to these Terms prior to your use of the App. Your continued use of the App constitutes your acknowledgement and acceptance of these Terms as changed from time to time.

1. GENERAL DEFINITIONS AND INTERPRETATION 1.1 Definitions
Administrator(s) means the individual(s) appointed by StackUp to oversee the administration of App Services on the App.
Affiliate means any entity controlling, controlled by, or under common control with the referenced entity, where the term “control” means the possession, direct or indirect, of the power to direct or cause the direction of the management and policies of an entity, whether through the ownership of voting securities, by contract, or otherwise.
App Content means any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a device that appears on, or forms part of, the App.
App Services means the services provided through and on the App, including those set out in Clause 2.1 and/or such other services as may be offered on the App from time to time.
Arbitration Rules means arbitration rules of the Singapore International Arbitration Centre, as amended.
Community Administrator means a Member who has been appointed to with certain management rights in respect of a Community, whether by the Community Owner or other Community Administrator of such Community, as the case may be.
Community Founder means the person who first creates a Community in accordance with the relevant rules and/or procedures of a Community and the App.
Community Owner means the person designated by the Community Founder or the previous Community Owner as the owner or new owner of a Community in accordance with the relevant rules and/or procedures of a Community and the App. 
Community means a community created on the App by a User that has been approved by an Administrator.
Documentation means the technical user documentation provided by StackUp in connection with the App Services. 
FAQs means frequently asked questions.
Feedback has the meaning ascribed to it in Clause 7.2.
Intellectual Property means all copyright, patents, utility innovations, trade marks and service marks, geographical indications, domain names, layout design rights, registered designs, design rights, database rights, trade or business names, rights protecting trade secrets and confidential information, rights protecting goodwill and reputation, and all other similar or corresponding proprietary rights and all applications for the same, whether presently existing or created in the future, anywhere in the world, whether registered or not, and all benefits, privileges, rights to sue, recover damages and obtain relief or other remedies for any past, current or future infringement, misappropriation or violation of any of the foregoing rights.
Licence has the meaning specified in Clause 2.5.1.
Members Means, in respect of a Community, the Users who have joined the Community.
Personal Information means any information that identifies, relates to, describes, or is capable of being associated with, or could reasonably be linked, directly or indirectly, to an identified or identifiable living natural person, including but not limited to: (i) Identifiers such as a real name, alias, postal address, unique personal identifier, online identifier internet protocol address, email address, account name, social security number, driver’s licence number, government identification card number, passport number, or other similar identifiers; (ii) any patient, medical records or other protected or regulated health information; (iii) any financial information (including bank account or payment card numbers) or any other information subject to regulation or protection under specific laws or regulations; or (iv) information defined as “personal information,” “personally identifiable information,” “personal data,” or similar expressions under applicable privacy laws or data security laws, including the Personal Data Protection Act 2012.
Quest” or “Quests means an activity submitted by Community Administrators on the App for completion by Members, which may include (but is not limited to) the following details:  
  1. name and description of the activity to be completed;
  2. a guide to the activity to be completed;
  3. Quest Period (where applicable);
  4. conditions for completion and entitlement to the Quest Reward for the Quest;
  5. the form and mode of submission;
  6. Review Period (where applicable);
  7. the Reward for Quest Submissions; 
  8. the number of Rewards available for Quest Submissions; and
  9. refund and/or claw-back policies (for example, due to a subsequently discovered breach by a Member who has been given a Reward).
Quest Period means the date and time of commencement, expiry of the period in which a Quest can be completed and/or the recurrence rate of the Quest, as designated by the relevant Community Administrator.
Quest Submission means the submission of content or evidence in the form prescribed in respect of a Quest.
Restricted App Services”  has the meaning ascribed to it in Clause 2.1.1.
Restricted Territories includes the Democratic People’s Republic of Korea (i.e. North Korea), the Republic of the Sudan, Russia, the Islamic Republic of Iran, the Republic of Cuba, Ukraine (Crimea region), the Syrian Arab Republic, the State of Libya, the Federal Republic of Somalia, the Republic of Yemen, and the Democratic Republic of the Congo.
Review means the assessment conducted during the Review Period by a Community Administrator over all Quest Submissions received within the Quest Period in respect of a Quest, to ascertain whether such Quest Submission qualifies for a Reward. 
Review Period means the duration commencing from the end of a Quest Period within which a Community Administrator designates to complete the Review of all qualifying Quest Submissions, or all Quest Submissions.
Reward means the reward described in a Quest, to be awarded to the relevant Member in respect of a qualifying Quest Submission. 
StackUp Technology has the meaning ascribed to it in Clause 7.1.2.
Usage Data has the meaning ascribed to it Clause 7.3.
Work Product has the meaning ascribed to it in Clause 5.1.1.
XP means a reward in the form of experience points that Administrator(s) will credit to a User on the App in such amounts as may be designated as a Quest Reward by the Community Administrator. 
    • Interpretation
      1. The terms defined in Clause 1.1 and elsewhere in these Terms will have the meanings therein specified for the purpose of these Terms. Any reference to a Clause in these Terms is a reference to a clause of these Terms.
      2. Unless otherwise defined in these Terms, all capitalised terms herein shall bear the same meanings as in the Platform Terms.
      3. Where applicable: 
        1. StackUp” and “we” refers to StackTribe Pte. Ltd. (UEN No.: 201925524R) and/or its related corporations and references to “us” and “our” shall be construed accordingly;
        2. references to the “Platform” include all related applications, the Content and the Services, and references to “using” the Platform include accessing and using the Content and the Services; 
        3. references to the “App” include all related applications and the App Content and the App Services, and references to “using” the App include accessing and using the App Content and the App Services;
        4. references to “Terms” are to these Platform Terms of Service, as may be revised, amended or supplemented from time to time, which expression shall where the context so admits, include any one of them; and 
        5. the expression “written” or “in writing” means the representation or reproduction of words or symbols or other in-formation in a visible form by any method or combination of methods, whether sent or supplied in electronic form (including but not limited to, electronic mails) or otherwise.
      4. In these Terms, any reference to any legal entity or individual person includes, where appropriate, a reference to its authorised agents, delegates, successors or nominees. 
      5. No rule of law or interpretation to the effect that an ambiguity in a document is to be construed against the party drafting or preparing a document shall apply in respect of these Terms.
      6. References to a person include any company, limited liability partnership, partnership, business trust or unincorporated association (whether or not having separate legal personality), and references to one gender include all genders and references to the singular include the plural and vice versa.
      7. Any reference to any law, statute or regulation or enactment shall include references to any statutory modification or re-enactment thereof or to any regulation or order made under such law, statute or enactment (or under such a modification or re-enactment).
      8. The headings used in these Terms are for convenience or reference only and are not to affect the construction of or to be taken into consideration in interpreting these Terms.
      9. Any references to the discretion or decision of a Community Administrator in relation to a Community (including the determination of matters relating to Quests) shall be deemed as a reference to the relevant number of Community Administrators required to grant such discretion or decision, as may be determined from time to time in respect of the relevant Community. 
      1. STACKUP’S APP SERVICES
    • App Services

    StackUp provides the App Services through and on the App, which may include (but is not limited to) the following services for Users: 

    1. Users
      1. Access to the homepage from which Users can edit their profile.
      2. Access (or limited access) to Communities and Quests, which may include personalised recommendations based on tags entered when creating an Account.
      3. Access to notifications.
    2. Members
      1. Access to Quests and Communities (including Communities in which the User is a Member), which may include personalised recommendations based on tags entered when creating an Account.
      2. Access to the Community creation interface, on which Members may create a Community and submit it for approval by an Administrator. Upon receiving approval by an Administrator, the Community will be successfully created and will be visible to other Users.
      3. Access to Quest leaderboards in respect of certain Communities, and where applicable, with the option to follow Members with the most XP in the relevant Community.
      4. Access to notifications.
      5. Access to a chatbot and a helpdesk.
      6. Members can follow the onboarding of selected Quests, their profile and the popular Quests on their homepage.
      7. Members may obtain Rewards by completing Quests. To do so, Members will have to prove completion as indicated on the selected Quest to the Community Administrator. 
    3. Community Administrators
      1. Access to Quest creation in their Community.
      2. Access to the Community homepage from which they can edit the Community profile.
      3. Access to Community membership settings (including setting approval requirements for the joining of new Members). 
      4. Access to the Quests they have set up for the Community, as well as templates for Quests that are made available by StackUp.
      5. Access to the various management dashboards in respect of a Community, including, where relevant, Quest management, Quest leaderboard management, review management, integrations, onboarding settings, Member and Community Administrator approval and removal, and Member relationship management and analytics features.
      6. Facilitating the crediting of XP as part of a Quest Reward.
    • Community Hosting

    All Communities created by a User must be approved by an Administrator before it can be made available to other Users on the App.

    • Quest Hosting
        1. All Quests set up by Community Administrators shall consist of the following information (where applicable):
          1. the Quest Reward;
          2. a description of the Quest;
          3. a guide; 
          4. the form and mode of submission; and
          5. any particular form of proof required by the Community Administrator that the User is required to provide in order to complete the Quest.
        2. The Quests permitted to be created by Community Administrators for access to and completion by Members shall be limited to: 
          1. learning and exploring a product, technology, or topic of learning and completing a survey or quiz;
          2. creating deliverables (e.g. code, text assets or proposals, or graphical assets);
          3. signing up for third-party programs, products, and Communities; 
          4. Quests facilitating interactions between Users and the Community Administrators (e.g. surveys, livestreams, events, talks, or chat conversations); and 
          5. such other Quests as may be specifically approved in writing by an Administrator from time to time. 
    • Restricted Territories
      1. StackUp not does permit access to and/or participation in any of the App Services to Users residing in certain the Restricted Territories:
        1. any App Services under Clause 2.1;
        2. any Quest-related App Services, 

    (collectively, the “Restricted App Services”) and each User accessing or participating in any of the above App Services hereby represents, warrants and undertakes that they are not citizens or residents of any of the Restricted Territories. 

    1. For the avoidance of doubt, Users residing in Restricted Territories may continue to create Accounts and access any App Content on the App other than the Restricted App Services.
    • Licence for Use of the App
      1. Licence. Subject always to these Terms, StackUp grants you a limited, non-exclusive, non-transferable, non-sublicensable licence for uses of the App expressly provided for under these Terms (a “Licence”). Any grant of such a Licence is also limited by the terms applicable for your specific use of the App.   
      2. Account and Licence

    An Account is required for the applicable Licence to be granted to you

    1. Updates. Any Licence granted under these Terms applies only to the version of the App at the time the Licence is granted. If StackUp provides an updated version of the App, you will be deemed to have accepted the new version of the App through your continued use of the App. Where there have been any updates to the App, any Licence granted for the use of any older versions will be deemed to have been revoked. You acknowledge and agree that StackUp has no obligation to make any older versions of the App available at any time. 
    2. Support
      1. StackUp makes available its responses to FAQs relating to the App and App Services at https://onboard.gitbook.io/onboard/support/faqs.
      2. Specific Quests may be accompanied by learning resources, guides and such relevant materials as may be required for the completion of such Quests. Clause 11 (Third Party Components) of the Platform Terms shall apply where such resources or materials and hosted on websites external to the App.
      3. Use of these resources is subject to these Terms. StackUp may discontinue support for the App at any time. 
    • Relationship between Users 
      1. Community Administrators and Members shall perform all of their duties pursuant to each Quest as independent contractors. Except as expressly provided herein, no User of the App shall have the power to direct or control the daily activities of any other user of the App, or to constitute between any Users of the App, a relationship as principal and agent, employer and employee, franchisor and franchisee, partners, joint-venture partners, co-owners, or otherwise as participants in a joint undertaking.
      2. StackUp’s role in relation to each User is limited to being the owner and operator of the App. Nothing in these Terms shall imply or constitute any relationship as principal and agent, employer and employee, franchisor and franchisee, partners, joint-venture partners, co-owners, or otherwise as participants in a joint undertaking, between any User and StackUp.
    • GENERAL RULES RELATING TO QUESTS, COMMUNITIES AND MEMBERS
        1. The User understands and accepts that unless otherwise expressly approved in writing by StackUp, the following apply to all Communities, the management of such Communities, and Quests, on the App:
          1. Quest completion: The Community Administrator shall determine, at its absolute discretion, whether a Quest Submission has met the conditions necessary to qualify for the Quest Reward. A Quests may be designated by a Community Administrator to be deemed as automatically completed upon the fulfilment of certain Quest Submission requirements. 
          2. Quest Rewards: Other than for the facilitation of the crediting of XP as part of a Quest Reward, all matters relating to Rewards shall be the responsibility of the relevant Community Administrator(s), including the designation of the relevant Reward for each Quest, the distribution of Rewards and such other related matters. All Users of the App acknowledge and agree that other than for the facilitation of the crediting of XP as part of a Quest Reward, StackUp shall not be held liable for any distribution or such related matters in relation to Rewards.
          3. Disputes: All disputes in connection with any Quests, Communities, Members and Rewards (other than in relation to the facilitation of the crediting of EXP) shall be dealt with and resolved by the Community Administrators of the respective Community.
          4. Notwithstanding anything to the contrary in these Terms, and without prejudice to any rights of StackUp provided for under these Terms, all matters relating to Communities, Members, Quests and Rewards (other than in relation to the facilitation of the crediting of EXP), shall be the sole responsibility of the relevant Community Administrators, and StackUp’s role is limited to an administrative role in providing access to and maintenance of the App and the App Services to the Users, and to the extent permitted under applicable law, shall under no circumstances be held liable nor responsible for any such matters.
    • SUSPENSION OF SERVICE

    In addition to any of StackUp’s other rights or remedies (including but not limited to any termination rights set forth herein), StackUp reserves the right to suspend a User’s access to the App Services if: (i) StackUp determines such User has carried out a material breach of these Terms; or (ii) StackUp determines that suspension is necessary to prevent harm or liability to other Users or third parties, or to preserve the security, stability, availability or integrity of the App Services. StackUp will have no liability for taking action as permitted above in this Clause. However, unless these Terms have been terminated in respect of the User, StackUp will cooperate with such User to restore access to the App Services once it verifies that the User has resolved the circumstance requiring suspension (in the case of a circumstance that is able to be resolved).

      1. WORK PRODUCT 
    • Rights in Work Product
          1. In the course of completing a Quest or managing a Community, Members and/or Community Administrators will create and submit content to through the App in respect of a Community (including Quest Submissions), which may consist of tangible or intangible results or deliverables, including, but not limited to, configurations, computer programs, software, applications, or other information, and any Intellectual Property (the “Work Product”).
          2. The User understands and agrees that any Work Product is a “work made for hire” for the benefit of the Community Owner, and that the access to the Community and the features thereof, and, where applicable, the opportunity to earn the relevant Reward, serves as sufficient consideration for the purposes of this Clause 5.1. 
          3. All Work Product, including without limitation all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction (“Intellectual Property Rights”) in the Work Product, will be the sole and exclusive property of the Community Owner, and the Community Owner will be deemed to be the author thereof. If the relevant User has any Intellectual Property Rights to the Work Product that are not owned by such the User, the User hereby automatically irrevocably assigns to the Community Owner all right, title and interest worldwide in and to such Intellectual Property Rights. Except as set forth above, the User retains no rights to use, and will not challenge the validity of Community Owner’s ownership in, such Intellectual Property Rights. The User hereby waives any moral rights, rights of paternity, integrity, disclosure and withdrawal or inalienable rights under applicable law in and to the Work Product.
          4. In the event where a Community Owner appoints a new Community Owner, rights in all Work Products that has vested in the previous Community Owner from the date of designation until the date of cessation, shall be deemed to have been assigned to the new Community Owner as at the new Community Owner’s date of designation.
          5. Without prejudice to any other rights of StackUp under these Terms and applicable law, including any limitation of liability of StackUp provided in these Terms, and to the extent permitted under applicable law, and notwithstanding anything to the contrary in these Terms, StackUp shall have no liability whatsoever in respect of any Intellectual Property Rights in any Work Product, whether in relation to the ownership thereof or otherwise. 
    • Licence to StackUp 
          1. To the extent permitted by applicable law, the User (whether as Member, Community Administrator or otherwise) hereby irrevocably accepts and grants to StackUp and its successors a royalty-free, sub-licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all Work Products for the following purposes:
            1. providing the App Services to the User;
            2. reviewing of submitted content, for compliance against our Terms; 
            3. reviewing of submitted content, for compliance with applicable law; 
            4. promotional, marketing and advertising purposes; 
            5. backup and archival purposes; and
            6. research and generation of reports.
          2. For the avoidance of doubt, the User represents and warrants that all Work Products submitted on or otherwise hosted on the App shall not infringe any third-party intellectual property rights, and the User agrees to indemnify StackUp to the extent as stated in Clause 1 below.
    • Storage by StackUp

    During and upon termination or completion of a Quest, the Work Product submitted on the App pursuant to the Quest may be stored on the App in such manner and for such duration as may be prescribed by StackUp from time to time. 

    • User Obligations
        1. In General. Users will ensure that their use of each App Service and all Work Product is at all times compliant with their privacy policies and all applicable local, state, federal and international laws, regulations and conventions, including, without limitation, those related to data privacy and data transfer, international communications, and the exportation of technical or personal data. Users are solely responsible for the accuracy, content and legality of all Work Product. Each User represents and warrants to StackUp that it has all necessary rights, consents and permissions to collect, share and use all Work Product as contemplated in these Terms (including granting all rights and licences as provided in this Clause 5), and that no Work Product will violate or infringe (i) any third party intellectual property, publicity, privacy or other rights or (ii) any applicable laws. 
    • No Personal Information. Each User acknowledges that the App Services are not designed for use with (and do not require) Personal Information included in any Work Product. If any User uses the App Services to collect, store, process or transmit any Personal Information notwithstanding the foregoing, such User represents, warrants and undertakes to StackUp that it has obtained all necessary consent for such collection, storage, processing or transmission of the relevant Personal Information using the App Services. StackUp will have no liability under these Terms for Personal Information included within any Work Product, or any security incident or breach regarding such Personal Information, notwithstanding anything to the contrary herein. 
      1. Work Product Guidelines. Users will not use the App Services with any Work Product that (i) is deceptive, fraudulent, illegal, obscene, defamatory, libellous, threatening, harmful to minors, pornographic, indecent, harassing, hateful, religiously, racially or ethnically offensive, that encourages illegal or tortious conduct or that is otherwise inappropriate in StackUp’s discretion; (ii) contains viruses, bots, worms, scripting exploits or other similar materials; or (iii) could otherwise cause damage to StackUp or any third party.
      2. Compliance with Applicable Laws. Each User represents, warrants and undertakes to StackUp that they will use the App and the App Services in compliance with all applicable laws and regulations, and will not use the App and the App Services to carry out or facilitate any illegal activity.
      3. No Fraudulent or Dishonest Activity. Each User represents, warrants and undertakes to StackUp that they will not use the App and the App Services in a fraudulent or dishonest manner, and for the avoidance of doubt, but without limiting the general nature of the foregoing, the following activities shall be deemed as fraudulent and dishonest activity: 
        1. a User creating more than one (1) Account and making multiple Quest Submissions in respect of the same Quest; 
        2. Users sharing answers to Quest Submissions with each other; and
        3. a User passing off another person’s code as their own.
    1. DATA PROTECTION

    In accordance with the Personal Data Protection Act 2012 and all other applicable data protection laws (as the case may be), the data protection terms relating to processing of Account-Related Information and Work Product are contained in our Privacy Policy, which can be accessed at https://stackup.dev/privacy. To the extent that there is any conflict between any provision of these Terms and our Privacy Policy, the contents of our Privacy Policy shall prevail in respect of such conflict in so far as the matters of data protection are concerned.

      1. OWNERSHIP
        1. Intellectual Property of StackUp
          1. Any use of the App and/or App Services by you and any information properly given to you, whether relating to you or not, through your use of the App and/or App Services is granted subject to these Terms and pursuant to a limited, non-exclusive, non-transferable, non-sublicensable licence granted by StackUp, and is revocable at any time at our sole discretion. Except for these rights expressly granted to you, these Terms do not grant you any rights or licence by implication or otherwise with respect to any of part of the App. 
          2. The Intellectual Property subsisting in the App (including, for the avoidance of doubt and without limitation, any improvements, updates, upgrades, error-corrections or other modifications thereto, and any derivative work based thereon), belongs to or has been licensed by us unless specifically labelled otherwise (collectively, “StackUp Technology”). To the extent such Intellectual Property belongs to us, we retain all rights, title and interest to such Intellectual Property. 
    • Feedback 
          1. Without affecting the general nature of the previous Clauses, you agree that StackUp shall be the sole and exclusive owner of all rights to any and all feedback provided by you in relation to the App or App Services, and any ideas, inventions and/or improvements (whether protectable by any Intellectual Property protection or not) conceived or derived or resulting from such feedback or embodied therein (collectively, “Feedback”). 
          2. You hereby irrevocably assign to StackUp any and all rights that you may have in such Feedback, and to the extent such rights may not be assigned under applicable law, you hereby grant StackUp a royalty-free, perpetual, worldwide, exclusive, irrevocable licence to use such Feedback for any purpose, including commercial purposes.
    • Usage Data

    Notwithstanding anything to the contrary herein, the User agrees that StackUp may obtain and utilise Personal Information and/or technical data about the User’s use of the App Services (“Usage Data”) to analyse, improve, market, support and operate the App Services and otherwise for any business purpose during and after the term of these Terms, provided that StackUp may only utilise such Personal Information and/or Usage Data, where such utilisation is non-personally identifiable with respect to the User. 

    1. Customer Portfolio and Representation

    The User expressly agrees that StackUp may identify it by name and/or logo (where applicable) as a User of the App and/or the App Services on StackUp’s website and all other promotional materials utilised by StackUp.

    1. TERM AND TERMINATION
      1. Term
        1. These Terms shall take effect from the Commencement Date and carry on until terminated in accordance with these Terms. 
        2. StackUp may terminate or suspend all or part of the App Services without prior notice or liability if you breach any of the terms or conditions of the Terms. We may, in our sole discretion and without liability to you, with or without prior notice and at any time, modify or discontinue, temporarily or permanently, any portion of our App Services.
        3. Any termination of these Terms shall be without prejudice to any rights or obligations (including in respect of any antecedent breaches) accrued prior to the date of such termination.
      2. Effect of Termination

    Upon termination of any App Services in respect of a User, the User will, in respect of such terminated App Services, immediately cease any and all use of and access to the App Services (including any and all related StackUp Technology). StackUp reserves the right to require that the User (where the User is a Community Administrator) deletes (or, at StackUp’s request, returns) any and all copies of content submitted by Users, and generally any other StackUp Confidential Information in its possession. Each User acknowledges that following termination it will have no further access to any Work Product input into any App Service, and that StackUp may delete any such data as may have been stored by StackUp at any time. Except where an exclusive remedy is specified, the exercise of either party of any remedy under these Terms, including termination, will be without prejudice to any other remedies it may have under these Terms, by law or otherwise. 

    1. Survival

    The following Clauses will survive any expiration or termination of these Terms: Clause 4 (Suspension of Service), Clause 5 (Work Product), Clause 6 (Data Protection) and Clause 7 (Ownership), Clause 8 (Term and Termination).

    1. INDEMNITIES, LIMITED WARRANTIES, DISCLAIMERS AND LIMITATION OF LIABILITY
      1. Each User expressly acknowledges and agrees that Clauses 4 (Indemnity and Exclusion), 8 (Limited Warranty) and 9 (Limitation of Remedies and Damages) of the Platform Terms shall apply in respect of the access and use of the App.
      2. Nature of Claims and Failure of Essential Purpose

    To the extent permitted by law, you agree that the waivers, disclaimers and limitations specified in these Terms apply regardless of the form of action, whether in contact, tort (including negligence), strict liability or otherwise and will survive and apply even if any limited remedy specified in these Terms is intended to apply in respect of non-performance of a condition.