Terms of Use

1. Acceptance of Terms

Welcome to BatStick Technologies Inc. ("BatStick," "we," "our," or "us"). By accessing or using our platform, services, or website (collectively, the "Services"), you agree to be bound by these Terms of Use ("Terms"). If you do not agree to these Terms, please do not use our Services.

2. Description of Services

BatStick provides cloud-based software solutions designed to streamline government permitting, licensing, and administrative processes. Our Services include:

• Digital permit and license management
• Workflow automation tools
• Real-time collaboration features
• Citizen portal services
• Data analytics and reporting
• Integration with third-party systems

3. Eligibility

You must be at least 18 years old and have the authority to enter into these Terms on behalf of your organization. By using our Services, you represent and warrant that you meet these eligibility requirements.

4. Account Registration

To access certain features of our Services, you must register for an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Maintain the security and confidentiality of your account credentials
• Notify us immediately of any unauthorized access or security breach
• Accept responsibility for all activities that occur under your account

5. Acceptable Use

5.1 Permitted Use

You may use our Services only for lawful purposes and in accordance with these Terms. You agree not to use the Services:

• In any way that violates applicable federal, state, local, or international law
• To transmit any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable material
• To impersonate or attempt to impersonate BatStick, a BatStick employee, another user, or any other person or entity
• To engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Services
• To introduce viruses, Trojan horses, worms, logic bombs, or other malicious or technologically harmful material

5.2 Prohibited Activities

You shall not:

• Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Services
• Modify, adapt, translate, or create derivative works based on the Services
• Remove, alter, or obscure any proprietary notices on the Services
• Use the Services to develop a competing product or service
• Attempt to gain unauthorized access to any portion of the Services or any other systems or networks
• Use any automated means to access the Services or collect data without our express written permission

6. Intellectual Property Rights

6.1 Our Proprietary Rights

The Services and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by BatStick, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

6.2 Your Data

You retain all rights to the data you upload, store, or process through our Services ("Customer Data"). By using our Services, you grant us a limited license to use, store, and process Customer Data solely to provide and improve our Services.

7. Data Privacy and Security

We are committed to protecting your privacy and maintaining the security of your data. Our collection, use, and disclosure of personal information are governed by our Privacy Policy, which is incorporated into these Terms by reference.

7.1 Data Security

We implement industry-standard security measures to protect your data, including:

• 256-bit AES encryption for data at rest
• TLS 1.3 encryption for data in transit
• Regular security audits and penetration testing
• Role-based access controls and multi-factor authentication
• Continuous monitoring and intrusion detection

8. Fees and Payment

8.1 Subscription Fees

Access to certain features of our Services requires payment of subscription fees. You agree to pay all applicable fees as described on our pricing page or in your subscription agreement.

8.2 Payment Terms

• Fees are billed in advance on a monthly or annual basis
• All fees are non-refundable unless otherwise stated
• We reserve the right to change our fees upon 30 days' notice
• Failure to pay fees may result in suspension or termination of your account

9. Term and Termination

9.1 Term

These Terms commence on the date you first access our Services and continue until terminated by either party.

9.2 Termination by You

You may terminate your account at any time by contacting us at support@batstick.org. Termination will be effective at the end of your current billing period.

9.3 Termination by Us

We may suspend or terminate your access to the Services immediately, without prior notice or liability, for any reason, including if you breach these Terms.

9.4 Effect of Termination

Upon termination:

• Your right to access and use the Services will immediately cease
• We will provide you with a reasonable opportunity to retrieve your Customer Data
• We may delete your Customer Data after 30 days unless otherwise required by law
• Provisions of these Terms that by their nature should survive termination shall survive

10. Warranties and Disclaimers

10.1 Service Availability

We strive to provide 99.9% uptime for our Services. However, we do not guarantee uninterrupted or error-free operation. We may suspend the Services for maintenance, updates, or other reasons.

10.2 Disclaimer

THE SERVICES ARE 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. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL BATSTICK, ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

12. Indemnification

You agree to indemnify, defend, and hold harmless BatStick and its affiliates, officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with:

• Your access to or use of the Services
• Your violation of these Terms
• Your violation of any third-party right, including any intellectual property or privacy right
• Your Customer Data

13. Governing Law and Dispute Resolution

13.1 Governing Law

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

13.2 Arbitration

Any dispute arising out of or relating to these Terms or the Services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in Austin, Texas.

13.3 Class Action Waiver

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

14. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website and updating the "Last Updated" date. Your continued use of the Services after the effective date of the revised Terms constitutes your acceptance of the changes.

15. Miscellaneous

15.1 Entire Agreement

These Terms, together with our Privacy Policy and any other agreements referenced herein, constitute the entire agreement between you and BatStick regarding the Services.

15.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

15.3 Waiver

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

15.4 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign these Terms at any time without notice.