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Terms of Service

Please read these terms carefully before using our platform. By using Stokable, you agree to be bound by these terms.

Last updated: January 29, 2025

Contents

  • 1. Acceptance of Terms
  • 2. Description of Service
  • 3. Account Registration
  • 4. Operator Responsibilities
  • 5. Customer Bookings
  • 6. Payments and Fees
  • 7. Digital Waivers
  • 8. Intellectual Property
  • 9. Prohibited Uses
  • 10. Data Ownership
  • 11. Disclaimers
  • 12. Limitation of Liability
  • 13. Indemnification
  • 14. Termination
  • 15. Modifications to Terms
  • 16. Governing Law
  • 17. Contact Information

1. Acceptance of Terms

By accessing or using the Stokable platform ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you are using the Service on behalf of a business or organization, you represent that you have the authority to bind that entity to these Terms.

If you do not agree to these Terms, you may not access or use the Service. We recommend that you print or save a copy of these Terms for your records.

2. Description of Service

Stokable provides a software-as-a-service (SaaS) platform that enables outdoor adventure operators ("Operators") to:

  • Accept and manage online bookings and reservations
  • Collect and store digital liability waivers
  • Sell and manage season passes, punch passes, and memberships
  • Process payments through integrated payment providers
  • Generate digital wallet passes for Apple Wallet and Google Wallet
  • Manage capacity and availability
  • Communicate with customers regarding their bookings

The Service is designed for use by outdoor adventure businesses including, but not limited to, bike parks, ski operations, tour operators, rafting outfitters, glamping sites, and adventure parks.

3. Account Registration

3.1 Account Creation

To use the Service, you must create an account by providing accurate, complete, and current information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

3.2 Account Requirements

  • You must be at least 18 years old to create an account
  • You must provide a valid email address and business information
  • You must not create multiple accounts for the same business without authorization
  • You must notify us immediately of any unauthorized use of your account

3.3 Account Security

You are responsible for safeguarding your password and any other credentials used to access your account. Stokable will not be liable for any loss or damage arising from your failure to protect your account credentials.

4. Operator Responsibilities

As an Operator using the Service, you agree to:

  • Legal Compliance: Comply with all applicable laws, regulations, and industry standards related to your business operations, including consumer protection laws, accessibility requirements, and safety regulations.
  • Accurate Information: Provide accurate descriptions of your services, pricing, availability, and any restrictions or requirements.
  • Customer Service: Honor all bookings made through the platform and provide the services as described to customers.
  • Insurance: Maintain appropriate insurance coverage for your business operations and activities.
  • Safety: Ensure that your activities and facilities meet all applicable safety standards and requirements.
  • Refund Policies: Clearly communicate your cancellation and refund policies to customers.
  • Tax Compliance: Collect and remit all applicable taxes related to your bookings and services.

5. Customer Bookings

5.1 Booking Relationship

When a customer makes a booking through the Service, they are entering into a direct contractual relationship with the Operator, not with Stokable. Stokable acts solely as a technology platform facilitating the booking process.

5.2 Booking Confirmations

Operators are responsible for ensuring that booking confirmations accurately reflect the services purchased, including dates, times, pricing, and any applicable terms or restrictions.

5.3 Cancellations and Refunds

Cancellation and refund policies are set by each Operator. Operators are solely responsible for handling customer refunds and disputes in accordance with their stated policies and applicable law.

6. Payments and Fees

6.1 Subscription Fees

Access to the Service requires a paid subscription. Subscription fees are billed monthly or annually as selected during registration. All fees are quoted in US dollars unless otherwise specified.

6.2 Payment Processing

Customer payments for bookings are processed through Stripe Connect. Operators must maintain a valid Stripe account in good standing. Stokable does not hold or process customer payments directly—funds flow directly from customers to Operators through Stripe.

6.3 Fee Changes

We may change our subscription fees upon 30 days' notice. Fee changes will take effect at the start of your next billing cycle following the notice period.

6.4 No Refunds

Subscription fees are non-refundable except as required by applicable law. You may cancel your subscription at any time, but you will not receive a refund for any unused portion of your current billing period.

7. Digital Waivers

7.1 Waiver Content

Operators are solely responsible for the content of their digital waivers. Stokable provides the technology to collect and store digital signatures but does not provide legal advice or guarantee the enforceability of any waiver.

7.2 Legal Review

Important: We strongly recommend that Operators have their waiver language reviewed by a qualified attorney familiar with the laws of their jurisdiction and the specific risks associated with their activities.

7.3 Minor Waivers

Operators are responsible for ensuring appropriate parental or guardian consent is obtained for minors participating in their activities, in accordance with applicable law.

7.4 Waiver Storage

Stokable stores signed waivers securely for the duration of your subscription plus any applicable retention period. Operators should maintain their own backup copies of waiver records.

8. Intellectual Property

8.1 Stokable Property

The Service, including its design, features, functionality, and all related intellectual property, is owned by Stokable and protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or create derivative works based on our Service without express written permission.

8.2 Operator Content

You retain ownership of all content you submit to the Service, including business information, images, descriptions, and waiver content ("Operator Content"). By submitting Operator Content, you grant Stokable a non-exclusive, worldwide, royalty-free license to use, display, and distribute such content solely for the purpose of providing the Service.

8.3 Feedback

If you provide feedback, suggestions, or ideas about the Service, you grant Stokable the right to use such feedback without compensation or attribution to you.

9. Prohibited Uses

You agree not to use the Service to:

  • Violate any applicable law or regulation
  • Infringe the intellectual property rights of others
  • Transmit malware, viruses, or other malicious code
  • Attempt to gain unauthorized access to our systems or other users' accounts
  • Interfere with or disrupt the Service or its infrastructure
  • Collect or harvest user data without authorization
  • Use the Service for any fraudulent or deceptive purpose
  • Resell or redistribute the Service without authorization
  • Use automated systems to access the Service in a manner that exceeds reasonable use
  • Engage in any activity that could harm minors

10. Data Ownership

10.1 Your Data

You own all booking data, customer information, and other data you input into the Service ("Your Data"). We process Your Data solely to provide the Service and as described in our Privacy Policy.

10.2 Data Export

You may export Your Data at any time through the Service's export functionality. Upon termination of your account, you will have 30 days to export Your Data before it is deleted.

10.3 Aggregated Data

We may collect and use aggregated, anonymized data derived from your use of the Service for purposes such as improving the Service, conducting research, and generating industry benchmarks. Such aggregated data will not identify you or your customers.

11. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Stokable does not warrant that:

  • The Service will be uninterrupted, secure, or error-free
  • Any defects in the Service will be corrected
  • The Service will meet your specific requirements
  • The results obtained from using the Service will be accurate or reliable

Stokable is not responsible for the actions, content, or policies of Operators using the platform, nor for any disputes between Operators and their customers.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, STOKABLE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

  • Loss of profits, revenue, or business opportunities
  • Loss of data or data breach costs
  • Business interruption
  • Personal injury or property damage arising from your activities
  • Any claims arising from the conduct of Operators or their customers

IN NO EVENT SHALL STOKABLE'S TOTAL LIABILITY EXCEED THE AMOUNT YOU PAID TO STOKABLE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

13. Indemnification

You agree to indemnify, defend, and hold harmless Stokable and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to:

  • Your use of the Service
  • Your violation of these Terms
  • Your violation of any applicable law or regulation
  • Your Operator Content
  • Any dispute between you and your customers
  • Any personal injury or property damage caused by your activities or facilities
  • The enforceability or content of your digital waivers

14. Termination

14.1 Termination by You

You may terminate your account at any time by contacting us or using the account cancellation feature in the Service. Termination will be effective at the end of your current billing period.

14.2 Termination by Stokable

We may suspend or terminate your account immediately if:

  • You violate these Terms
  • You fail to pay subscription fees when due
  • We are required to do so by law
  • We reasonably believe your use of the Service poses a risk to us or other users

14.3 Effect of Termination

Upon termination, your right to use the Service will immediately cease. You will have 30 days to export Your Data. We may delete Your Data after this period. Sections of these Terms that by their nature should survive termination will remain in effect.

15. Modifications to Terms

We may modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on our website and updating the "Last updated" date. Your continued use of the Service after such changes constitutes acceptance of the modified Terms.

If you do not agree to the modified Terms, you must stop using the Service and terminate your account.

16. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Idaho, United States, without regard to its conflict of law provisions.

Any dispute arising from these Terms or your use of the Service shall be resolved exclusively in the state or federal courts located in Bonner County, Idaho, and you consent to the personal jurisdiction of such courts.

17. Contact Information

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

Stokable
Email: legal@stokable.app
General Inquiries: hello@stokable.app

Stokable
Features Pricing Contact