End User License Agreement

Subject to your compliance with this EULA and the Terms of Service, KitStack grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Software solely for your internal business purposes of managing consignment operations, for the duration of your active subscription or free trial.

You may not, and may not permit anyone else to:

• copy, modify, adapt, translate, or create derivative works of the Software;
• reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Software, except to the extent permitted by applicable law;
• rent, lease, lend, sell, sublicense, distribute, or otherwise transfer the Software or your license rights to any third party;
• remove, alter, or obscure any proprietary notices, branding, or labels on the Software;
• use the Software to build a competing product or service, or copy its features, functions, or user interface for that purpose;
• circumvent or interfere with any security, access-control, or usage-limit mechanisms of the Software; or
• use the Software in violation of applicable law.

The Software is licensed, not sold. KitStack and its licensors retain all right, title, and interest in and to the Software, including all software code, designs, trademarks, and other intellectual property. No rights are granted to you other than the limited license expressly set out in this EULA. Data you enter into the Software remains yours, as described in the Terms of Service.

We may provide updates, upgrades, patches, or new versions of the Software at any time, and may add, modify, or remove features. Updates may be applied automatically for hosted portions of the Software. This EULA governs all updates unless an update is accompanied by separate terms.

The Software may include or interoperate with third-party software, services, and open-source components (such as point-of-sale and payment integrations). Those components are governed by their own license terms and policies, and we are not responsible for them.

This EULA is effective from the moment you first use the Software and continues until terminated. It terminates automatically when your account or subscription ends or if you breach this EULA. We may also suspend or revoke the license if we reasonably believe your use poses a risk to the Software, our users, or others. Upon termination you must stop using the Software; sections concerning ownership, disclaimers, limitation of liability, and governing law survive termination.

The Software is provided on an “as is” and “as available” basis. To the maximum extent permitted by law, KitStack disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Software will be uninterrupted, error-free, or free of harmful components.

To the maximum extent permitted by law, KitStack will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenues, or data, arising out of or related to this EULA or your use of the Software. In no event will our total liability for all claims under this EULA exceed the amounts you paid us for the Software in the twelve (12) months before the event giving rise to the claim.

This EULA is governed by the laws of Canada and the province in which KitStack is based, without regard to conflict-of-laws principles. The courts located there will have exclusive jurisdiction over disputes arising from this EULA or the Software, except where applicable law provides otherwise.

If you have questions about this EULA, contact us at privacy@kitsconsignpilot.com, or through the Contact section of our site.