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Terms of Service

Last Updated: 07-31-2026

1. Acceptance of Terms

Welcome to Stash! The Stash website and services are provided by one of the companies within the Stash group of companies (“Stash”, “us” or “we”). The specific Stash entity that you are contracting with depends on your country or region of residence and is set forth in Section 15.1 below. These terms of service (these “Terms”) govern your (“User”, “Customer”, “you” or “your”) access to and use of the stash.gg website, Launcher, or one of our Digital Storefronts, each as defined below, (collectively, the “Platforms”) and, unless expressly stated otherwise, all services and products provided by Stash via the Platforms, including our resale of Digital Goods, as defined below, (collectively, the “Services”).  

PLEASE REVIEW THESE TERMS CAREFULLY. BY ACCESSING OR USING ANY OF THE PLATFORMS AND/OR SERVICES OR PURCHASING ANY DIGITAL GOODS, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, INCLUDING ANY UPDATES OR REVISIONS POSTED HERE OR OTHERWISE COMMUNICATED TO YOU. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE WEBSITE AND/OR THE SERVICES.

THESE TERMS AND CONDITIONS CONTAIN A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER THAT AFFECT YOUR LEGAL RIGHTS. PLEASE REVIEW SECTION 16 BELOW TITLED “BINDING ARBITRATION AND CLASS ACTION WAIVER” CAREFULLY TO UNDERSTAND YOUR RIGHTS AND OBLIGATIONS WITH RESPECT TO THE RESOLUTION OF ANY CLAIM. YOU HAVE THE RIGHT TO OPT OUT OF ARBITRATION WITHIN 30 DAYS OF ACCEPTING THESE TERMS BY SENDING WRITTEN NOTICE TO LEGAL@STASH.GG OR THE APPLICABLE ADDRESS PROVIDED IN SECTION 15.1. 

You represent and warrant that you: (a) are of legal age to form a binding contract; (b) have the right, authority, and capacity to agree to and abide by these Terms and Conditions; and (c) are not a person barred from using the Platforms and/or Services under the Applicable Law of any applicable jurisdiction. If you are below eighteen (18) years of age (or the age of majority where you live, whichever is greater), you may not enter into these Terms, and your parent or legal guardian must enter into these Terms on your behalf. By accepting these Terms, if you are the parent or legal guardian of a minor, you represent that you have reviewed and agreed to these Terms on behalf of your minor child or ward and authorize Stash to provide the Services and access to the Platforms to such minor. Parents and legal guardians remain fully responsible and liable for all actions taken by minors using the Services under their authorization.

THE WEBSITE AND/OR SERVICES ARE NOT INTENDED FOR USERS UNDER THE AGE OF 13, AND SUCH USERS ARE EXPRESSLY PROHIBITED FROM SUBMITTING ANY PERSONAL DATA OR USING ANY ASPECT OF THE WEBSITE AND/OR SERVICES, AND BY TAKING SUCH ACTIONS YOU AGREE, REPRESENT, AND WARRANT THAT YOU ARE 13 YEARS OF AGE OR OLDER.  

You also agree to the following additional policies and terms below, which are incorporated by reference. You can find these agreements on the stash.gg website or through links provided on the Platforms. For your convenience, we also provide them for you at the following links:

Privacy Policy

Cookie Statement

Refund Policy

We may revise these Terms and any of the documents listed above from time to time. For material changes that adversely affect your rights, we will provide you with at least thirty (30) days’ prior notice by email to the address associated with your Account and by posting notice on the https://www.stash.gg/ website (hereinafter the “Site”). The revised version will be effective thirty (30) days after such notice for material changes or immediately for non-material changes. If you do not agree with any material changes to these Terms, you may terminate your relationship with Stash within the thirty (30) day notice period and receive a pro-rata refund for any unused prepaid Services. Your continued use of the Services after the effective date of the changes will constitute your acceptance of the revised Agreement. Any purchase of the Digital Goods after such Agreement revision will be considered your agreement with the new terms of the Agreement.

Please download or print a copy of these Terms for future reference.

  1. Description of the Services
    1. Digital Goods. We work with software or game publishers and developers (“Developers”) to enhance your user experience by providing you with several different types of Services, including Services designed to allow you: 
      1. to access a Developer’s software, game or other digital product or service (“Game”) through a desktop application that allows you to launch a Game (“Launcher”); 
      2. to purchase digital goods or materials that you can redeem, access, or use for or within a Game (“Digital Goods” and together with a Game, the “Developer Offerings”), such as Virtual Items, as defined below, that a Developer has authorized us to provide through a digital storefront provided either within a Game or on an associated website (“Digital Storefront”);
      3. to make payments for the foregoing by electronic means accepted by us for such payments, including credit or debit card. 
    2. Relationship to Developers. Our Launchers and Digital Storefronts are provided to you in partnership and in accordance with the terms and conditions of our agreements with Developers, but there are a few important things to note:
      1. Developers, and not us, control the Developer Offerings, including all aspects of the Game and how the Digital Goods may be used or work within and, if applicable, modify the Game.
      2. We, and not the Developers, sell you the Digital Goods that you can then redeem, access, or use in the Game. That means that our name, not the Developer’s name, will be on your credit card bill. For more information about how this works, see Section 7 below, titled “Sale of Digital Goods.”
      3. Our Platforms, including the Digital Storefronts, may be integrated with a Game or designed to look like a Developer Offering, but we will always endeavor to provide you some notice that you are on a Stash Platform. This is meant to make your gameplay experience feel immersive and seamless, not to trick you or try to hide what we (or the Developer) are doing. If you aren’t sure about whether you’re on our Platform, check the bottom of the page or look for the words “powered by Stash.” You can also always reach out to the Developer for questions about the Game itself.
  2. User Minimum Requirements and customer account 
    1. User Minimum Requirements. Upon entering into these Terms, you represent and warrant to Stash that:
      1. You are at least 18 years of age (or the age of majority in your jurisdiction of residence, whichever is greater). If you are the parent or legal guardian of a minor, you may enter into these Terms on behalf of your minor child or ward, provided that you will be legally bound by these Terms and responsible for such minor’s use of the Services, access of the Platforms, and any Purchases made. Stash reserves the right to require verification of your age and any parental consent allowing a minor to use the Services or access the Platforms.
      2. You agree to comply with all and any local, national and international laws, rules and regulations (hereinafter “Applicable Law”) regarding online conduct and the transmission of information on the Internet and governing the parties’ respective rights, duties, and obligations hereunder, as applicable.
      3. You agree that you will license the Digital Goods using your own username and will not try to impersonate any other user or customer or hide your identity from Stash.
      4. You understand that there is a risk of losing Digital Goods.
      5. You understand your use of the Services is at your sole option, discretion, and risk. 
      6. You understand the telecommunications networks and Internet access services required for you to download and use the Services are entirely beyond the control of Stash, and Stash shall have no liability whatsoever for any outages, slowness, capacity constraints or other deficiencies affecting the same.
      7. You will not use any services for hiding or changing your real location in order to use or get access to the Services, for any illegal purposes, or in order to avoid restrictions provided by the government.
    2. Accounts. To access and use certain aspects of the Services, you may need to create an account with Stash (“Account”) and/or the Developer (“Developer Account”). Your creation and use of a Developer Account is between you and the Developer, and the Developer may not let you access a Game or redeem or use Digital Goods without a Developer Account. To purchase any Digital Goods through a Digital Storefront, you must have a valid Account and provide us or our payment processor with an eligible payment method in accordance with the payment terms in Section 7 below, titled “Sale of Digital Goods.” We reserve the right to cancel any Purchase if you fail to provide or maintain any of the above. We may request further additional information from you, including personally identifiable information, in order to authenticate your Account. When you create your Account, and as you maintain your Account and continue to use the Services:
      1. You agree that the information that you provide to us will at all times be true, accurate, current and complete.
      2. You may never use another user’s account at any time without the account holder’s authorization.
      3. You are solely responsible for maintaining the confidentiality of your Account, username and password and for all activities associated with or occurring under your Account.
      4. You represent and warrant that your Account information will be accurate at all times. To the extent permissible under Applicable Law, we will not be responsible for any loss or damage arising from your failure to comply with the foregoing requirements or as a result of unauthorized use of your Account, except to the extent such loss or damage results from our gross negligence or willful misconduct. 
      5. You may not transfer your Account to any other person without our prior written approval, which may be granted or withheld in our sole discretion.
  3. Rights
    1. License to the Services. Subject to your compliance in all material respects with the terms and conditions of these Terms and any policy or other agreement of or with Stash, Stash grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the Services (including the Platforms and Digital Goods) on a personal mobile device or computer that you own and control, in executable, machine-readable, object code form only and solely for your personal and non-commercial uses.  Your access to and use of the Services must further comply in all material respects with all usage guidelines posted by Stash. Stash may terminate this license in accordance with the termination provisions of these Terms. For the avoidance of doubt:
      1. The Services are licensed, not sold. Words such as “transfer,” “sell”, “sale” or “buy”, “purchase” are solely related to the transfer of license rights in the Services in accordance with these Terms. You do not acquire ownership of the Services, but only the right to use it in accordance with the present Agreement.
      2. The license to the Services is held by and granted to you by Stash.  This license does not give you any ownership rights in the Services. Any rights you do acquire in the aforementioned will forever be owned by and inure to the benefit of Stash and/or, in the case of Digital Goods, the Digital Goods Developer. 
      3. The license to the Digital Goods may further be subject to any license restrictions or other terms and conditions in the Developer Terms, including any restrictions, terms, or conditions related to in-game access or use. 
    2. License Restrictions. Except as otherwise permitted under these Terms or under Applicable Law, in your use of the Services, you will not, and will not allow any users authorized by you (such users, “Authorized Users”) to: 
      1. use, reproduce, modify, adapt, create derivative works from, sublicense, publicly perform, publicly display, distribute, sell, lease, rent, make, have made, assign, pledge, transfer or otherwise grant rights to the Services, except as expressly permitted under these Terms; 
      2. reverse engineer, disassemble, decompile, translate, or otherwise attempt to derive trade secrets, algorithms, or the source code, architectural framework, or data records, within or associated with the Services; 
      3. interfere with or disrupt the integrity or performance of the Services, including by disrupting the ability of any other person to use or enjoy the Services; 
      4. provide use of the Services on a service bureau, rental or managed services basis, provide or permit other individuals or entities to create Internet “links” to the Services or “frame” or “mirror” the Services on any other server, or wireless or Internet-based device; 
      5. access the Services for the purpose of developing, marketing, selling or distributing any product or service that competes with or includes features substantially similar to the Services; 
      6. take any action that imposes an unreasonable or disproportionately heavy load on the Services or its infrastructure; 
      7. use spiders, crawlers, robots, scrapers, automated tools or any other similar means to access the Services; or download, reproduce, or archive any substantial portion of the Services;
      8. remove or obscure any proprietary notice that appears within the Services;
      9. violate any Applicable Law or any other contractual duty or use the Services for any illegal, unauthorized or otherwise improper purposes, including to store or transmit malicious code, or to store or transmit material in violation of third-party intellectual property or privacy rights; 
      10. impersonate any person or entity, including Stash or Developer personnel, or falsely state or otherwise misrepresent your affiliation with Stash or the Developer, or any other entity or person; 
      11. transmit any information that is unlawful, threatening, harmful, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful or racially, ethnically or otherwise objectionable;
      12. harm or harass any person or entity in any way;
      13. upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional or commercial materials, generate spam or unsolicited email(s), spoof the email addresses of others or send commercial solicitations, “junk mail”, “chain letters” or promotions for “pyramid schemes”;
      14. collect, store or expose personal data about other users and/or content posted by other users without their express permission; or
      15. forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Services.

Stash’s failure to enforce any of these restrictions or guidelines shall not act as a waiver for any future enforcement, will not be considered a breach of these Terms by Stash, and does not create a private right of action for any other party. Stash reserves the right to terminate your license to the Services for violation of the license restrictions set forth in this Section 4.2.

  1. Mobile Applications. Access to and use of certain components the Services (including Digital Storefronts incorporated in Games) may require you to download and use Developer Offerings in the form of mobile software applications (collectively, “Mobile Apps”). Your access to and use of the Services through Mobile Apps is subject to and governed by these Terms and Conditions and the Developer Terms, which may include terms specific to the use of Mobile Apps. To use the Mobile Apps and the Services incorporated therein, you must have a mobile device that is compatible with the applicable Mobile App, and Stash does not represent or warrant that any Services incorporated in the applicable Mobile App will be compatible with your mobile device. You may use mobile data in connection with the Mobile Apps and incur additional charges from your wireless provider for these services; you agree that you are solely responsible for such charges.
  1. Service Availability and Updates 
    1. Availability. We do not guarantee that any Services will be available at all times, in all locations, or at any given time or that we will continue to offer any particular Services for any particular length of time. Stash does not guarantee that the Services can be accessed on all devices, by means of a specific Internet or connection provider, or in all geographic locations.
    2. Updates. The Services may from time to time automatically download and install updates from Stash. These updates are designed to improve, enhance or further develop the Services and may take the form of bug fixes, enhanced features, new software modules or completely new versions. These updates or “resets” may cause you setbacks within the relevant game world and may affect characters, games, groups or other Content under your control. You agree to receive such updates and permit Stash or Digital Goods Developers to deliver these to you under the terms of the license granted herein.
  2. Developer Offerings
    1. Types of Digital Goods and Redemption. Because Stash resells Digital Goods, the type of Digital Goods and redemption or access methods are determined by the Developer. Examples of potential Digital Goods include Game access or Virtual Items.
      1. Game Access. If you purchase Game access, access may be granted automatically or be subject to redemption by means of an activation key, provided link, or other similar method. 
      2. In-Game Currency and In-Game Items. Developers may offer (i) fictional virtual currencies that are designed to be used or redeemed within a Game (“In-Game Currency”) or (ii) virtual in-game goods, items, or other virtual content or products that can be used within a Game (“In-Game Goods”, and together with In-Game Currency, “Virtual Items”). Virtual Items are generated by software code designed to be processed in a Game as in-game objects that interact with a Game in some way. This could include access to different parts of the Game, the ability to use certain Game elements, or purely cosmetic items that have no impact on gameplay.  In addition to purchasing Virtual Items, you may also be able to obtain some Virtual Items by performing certain actions within the Game. Unless expressly stated otherwise, Virtual Items: 
        1. may only be accessed or used within a Game for your personal, non-commercial use;
        2. cannot be used for any commercial or business purposes or resold;
        3. are solely controlled by the Developer, meaning the Developer determines what Virtual Items are available for purchase through the Platforms and/or the Services, how you can obtain Virtual Items, and how those Virtual Items may and are designed to be used; and
        4. have no real value and cannot be exchanged for non-game (“real”) currency or other store of value or non-game (“real”) property.
    2. Relationship to Developer. You acknowledge and agree that your access or use of any Developer Offerings is governed by the agreement between you and the Developer and may be subject to and subject to any terms and conditions the Developer sets (collectively, “Developer Terms”). For the avoidance of doubt, Stash is not responsible for the quality or functionality of any Developer Offering, any missing or lost Digital Goods, changes in the plot or design of a Game, changes to any Virtual Items, or any bugs, functional impairments, performance issues or service availability of a Game that may occur. Stash cannot guarantee that any Developer Offering will meet any of your expectations. The Developer is solely responsible for providing support and maintenance for any Developer Offering.

Any announcements, statements, guarantees or promises made by the Developer regarding any Developer Offering, including but not limited to its contents, release date or accessibility, are the Developer’s sole responsibility. You acknowledge and agree that the Developer may fail to provide timely or quality access to or use of the Digital Goods in a Game or may otherwise be unable to satisfy your expectations, and Stash has no responsibility for such failure or non-satisfaction.

  1. Digital Goods Disclaimer. As between you and Stash, all Digital Goods are provided “as is” and on an “as available” basis without a warranty or condition of any kind, and Stash has no responsibility for ensuring that the Digital Goods are operable. You acknowledge that the Developer, and not Stash, is responsible for addressing any claims you may have relating to the Developer Offerings or any use of the Digital Goods, including but not limited to: (a) product liability claims; (b) any claim that the Digital Goods fails to conform to any applicable legal or regulatory requirement; (c) any claim that the Digital Goods or your possession and use of such Digital Goods infringes third party intellectual property rights; and (d) claims arising under consumer protection or similar Applicable Laws.
  1. Sale of Digital Goods
    1. Purchases. As mentioned previously, we partner with Developers to enhance your Game experience by allowing you to purchase Digital Goods for a Game (each such purchase, a “Purchase”). At a high level, we’re acting as an authorized reseller of Digital Goods and an intermediary called a “Merchant of Record” between you and the Developer, to make Purchases easier for both of you. This means that when you make a Purchase, a few different things are happening in the background: (1st) you purchase a Digital Good for a Game from us; (2nd) we purchase that Digital Good from the Developer; (3rd) the Developer transfers that Digital Good to us; and (4th) we transfer that Digital Good to you. We will send you an electronic purchase receipt once your Purchase is processed via the email address you provide to us or to the Developer. Once we transfer that Digital Good to you, your Purchase is considered complete, and you can redeem, access, or use that Digital Good for that Game subject to and in accordance with the Developer Terms. From your perspective, this is designed to all happen pretty quickly, and you may not notice it happening; however, it may take up to five (5) days to fully approve and process a Purchase. If we are unable to transfer any Digital Goods to you, we will inform you of this by email and will not process your Purchase. 

What this means for you is that we will show up as the Merchant of Record associated with each Purchase on your credit or debit card statements, and you should come to us for any questions or issues you have about such payments and Purchases from us. We aren’t able to help you with accessing or using the Digital Goods once we’ve transferred them to you, so you’ll have to contact the Developer for any such issues.

  1. Payment Terms. Stash uses third-party payment providers to authenticate payments for Purchases. Payments for all Purchases are payable in advance and are non-refundable in whole or in part, regardless of the Payment Method, except as expressly set forth Section 7.3. When you make a Purchase, you are required to enter a valid debit/credit card or other payment method that we, in our sole discretion, elect to accept (collectively, “Payment Methods”). Notwithstanding anything to the contrary, we have the right to refuse any payment in our sole discretion without giving an explanation. When you make a Purchase, you represent and warrant that your use of a Payment Method is authorized and that all information that you submit to Stash or its third-party payment processor is true and accurate; and you agree to pay all fees you incur. We are not liable for damages of any kind arising from your submission of any information that is deemed to be untrue or is inaccurate.
  2. Refunds and Purchase Cancellation. 
    1. Refunds. All Purchases of Virtual Items are final and non-refundable, except as required by Applicable Law or as set forth in the Refund Policy linked above. You acknowledge that you will not receive money or other compensation for any unused Virtual Items upon termination of these Terms, whether such termination was voluntary or involuntary, except as required by Applicable Law.
    2. Purchase Cancellation. If you reside in the European Union or are otherwise subject to the protection of its Applicable Law, you have the right to cancel your Purchase under these Terms without charge and without giving any reason if: (i) the applicable cancellation period has not expired; and (ii) you have not yet downloaded the Digital Goods. If you request delivery of or start downloading the Digital Goods before the expiration of any applicable cancellation period, you expressly acknowledge and agree that you will lose your right to cancel and request a refund once the Digital Goods has been made available to you, and you expressly consent to the immediate performance of these Terms. For the avoidance of doubt, your Purchase is final, and you do not have the right to cancel a transaction or obtain a refund once you have started downloading the Digital Goods. You can find more information about cancelling or withdrawing from a Purchase in our Refund Policy.
  3. Pricing. Your Purchase price will include the price of the Digital Goods plus any applicable taxes in effect at the time of purchase and based on the country data you provide on the checkout page. Stash reserves the right to change the prices and availability of any Digital Good at any time. The final cost of the Digital Goods may depend on your Payment Method. Your final cost will be displayed after a Payment Method is chosen and will be included in your payment receipt. Additionally:
    1. If your Purchase is subject to any type of use or sales tax, then Stash may also charge you for those taxes, and you agree to pay all the fees you incur and taxes if applicable. The European Union VAT (“VAT”) tax amounts collected by Stash reflect the VAT due on the value of any Digital Goods;
    2. You agree that you will not use IP proxying or other methods to disguise the place of your residence, whether to circumvent geographical restrictions on game content, to purchase at pricing not applicable to your geography, or for any other purpose. If you do this, we may terminate your access to purchased Digital Goods after providing you with notice and an opportunity to cure, except in cases of fraud or illegal activity when we may terminate your access immediately without notice;
    3. If your Purchase is considered international or cross-border, your Payment Method may charge you a fee, which we have no control over. That fee is determined solely by the provider of your Payment Method; 
    4. A failure on Stash’s part to invoice you for any applicable taxes does not relieve you of the liability to pay such taxes, and you must pay any such taxes which may be due as a result of your purchase to the applicable taxing authority; and
    5. Minimum and maximum limits of payment may be applied at the discretion of Stash.
  4. Currency Conversion. In case you pay for the Digital Goods in a currency different from that of the Payment Method you have chosen, or in cases when the Digital Goods may be purchased by using any of a specific list of currencies, we may allow you to convert the amount owed to another currency. If such currency conversion takes place, you agree that it will be completed at the transaction exchange rate set for the relevant currency exchange. The transaction exchange rate is adjusted regularly, without notice, and includes a currency conversion spread applied and retained by payment system providers on the base exchange rate to form the rate applicable to your conversion. 
  1. Suspension and TERMINATION
    1. Termination for Convenience. Either party may terminate these Terms at any time. You can terminate these Terms by deactivating your account. If you have initiated any Purchases, any termination for convenience shall be effective upon the completion of such Purchases, and termination of these Terms shall be without prejudice to any rights or liabilities accrued at the date of the termination. 
    2. Termination for Cause. If you violate these Terms, or if Stash determines or suspects in its sole discretion that you have engaged in suspicious or illegal activity using the Platforms or Services, Stash may, with or without notice to you, immediately suspend or terminate your access and use of the Services.
    3. Right to Modify. Stash reserves the right at any time to modify, suspend, or discontinue the Services (or any portion thereof) with or without notice, and Stash shall not be liable to you or any third party for any such modification or discontinuance.
    4. Effect of Termination. When these Terms are terminated, including termination by you, we cannot restore access to your Account or any other Data you had access to through the Services (including any rankings, scores, saved games, message history, or progression history), and we will not be liable for any loss of any Data, except to the extent such liability cannot be excluded under Applicable Law. Upon request made within thirty (30) days of termination, Stash will provide you with a reasonable opportunity to retrieve Your Data, subject to technical feasibility. Upon termination of these Terms for any reason: (i) Stash, in its sole discretion, may remove and discard your Data; (ii) you will immediately cease your use of the Services; and (iii) any provision that, by its terms, is intended to survive the expiration or termination of these Terms shall survive such expiration or termination. Further, you agree that that Stash shall not be liable to you or any third party for any termination of your Account or access to the Services. 
  2. Proprietary Rights
    1. Responsibility for Data. All text, content, information, data, and other materials accessible through the Services (“Data”) are the sole responsibility of the party from whom such materials originated. You acknowledge and agree that: (i) the Services may provide access to or rely on Data from third parties (including without limitation, other users or via Third Party Services (defined below)), and such third parties, and not Stash, are entirely responsible for such Data; (ii) you, and not Stash, are entirely responsible for the accuracy, quality and legality of all Data (if any) that you submit, upload, email, transmit or otherwise make available through the Services or to Stash (“Your Data”); and (iii) you are solely responsible for giving all required notices and obtaining all necessary consents (including all required permissions from intellectual property holders) before submitting Your Data (if any) through or to the Services or Stash.
    2. License to Data You Upload. You hereby grant Stash and its service providers a perpetual, irrevocable, worldwide, royalty-free, fully-paid-up, non-exclusive, sublicensable, transferable license to use, reproduce, modify, adapt, create derivative works from, publicly perform, publicly display, distribute, make and have made all content (in any form and any medium, whether now known or later developed) that you provide, including any Data, in connection with the Services. You acknowledge and agree that the technical processing and transmission of data associated with the Services may require: (i) transmissions over various networks and across borders; and (ii) modifications to conform, connect, and adapt to technical requirements of networks or devices.
    3. Ownership of the Services. The Services provided to you hereunder and any product or service available to you through the Services are licensed, not sold or assigned, and Stash retains and reserves all rights not expressly granted in these Terms. You acknowledge and agree that, as between you and Stash, Stash and its licensors own all right, title, and interest (including all intellectual property rights) in the Services, Developer Offerings, and all data, content and other materials within the Services and derived thereof. The Services are protected by U.S. and international copyright and other Applicable Laws, including those related to intellectual property laws and treaties. 
    4. Aggregated Data. Notwithstanding anything to the contrary, Stash shall have the right to collect and analyze data and other information relating to the provision, use and performance of various aspects of the Services and related systems and technologies (including, without limitation, information concerning Your Data and data derived therefrom) (“Aggregated Data”), and Stash will be free (during and after the Term) to (i) use Aggregated Data to improve and enhance the Services and for other development, diagnostic and corrective purposes in connection with the Services and other Stash products and services, and (ii) disclose Aggregated Data solely in de-identified form in connection with Stash’s business, products and services. Stash shall own any and all right, title, and interest in and to the Aggregated Data. 
    5. Trademarks.  Except as expressly authorized herein, you may not use “Stash” or any of Stash’s names, brands, trademarks, service marks or logos that Stash makes available on the Services (“Marks”). Stash claims trademark protection over all such Marks. You will not remove or alter the Marks or any proprietary notices on or within the Services. The Marks may not be included in or as part of any registered corporate name, any other logo, or service or product name.  You may not create any derivative works of the Marks or use the Marks in a manner that creates or reasonably implies an inaccurate sense of endorsement, sponsorship, or association with Stash.  You will not otherwise use business names or logos in a manner that can mislead, confuse, or deceive any third party. All use of the Marks and all goodwill arising out of such use will inure to Stash’s benefit.
    6. Feedback. If you elect to provide or make available to Stash any suggestions, comments, ideas, improvements or other feedback relating to the Services as provided through the Services or otherwise (“Feedback”), Stash shall own and be free to use, reproduce, modify, adapt, create derivative works from, publicly perform, publicly display, distribute, make, have made, assign, pledge, transfer or otherwise grant rights in your Feedback in any form and any medium (whether now known or later developed), without credit or compensation to you.
    7. Reservation of Rights. Stash reserves any and all rights not expressly granted to you in these Terms. You agree to refrain from any action that would diminish such rights or would call them into question.
  3. Privacy Policy

In addition to these Terms, the Stash Privacy Policy, available at https://www.stash.gg/legal/privacy-policy, (the “Privacy Policy”) applies to how We may process information provided as part of the Services. As applicable, you acknowledge and agree that by accessing or using the Services, we may receive certain information about you, including personal data, as set forth in the Privacy Policy, and we may collect, use, disclose, store, share, transfer and process such personal data in accordance with such Privacy Policy, which may be amended from time-to-time. 

  1. Dealings with Third Parties

The Services may include or provide access to third party products, services, content, or offerings, including advertising for such (“Third Party Services”).  You acknowledge that different terms of use and privacy policies may apply to your use of such Third Party Services and that such terms and policies are solely between you and the advertiser or other third party. You agree that Stash does not endorse and is not responsible or liable for any issues related to Third Party Services. 

  1. Indemnification

You shall indemnify and hold Stash and its affiliates, and each of their officers, directors, members, managers, employees, agents, partners and licensors (collectively, “Stash Parties”) harmless from and against all losses, damages, costs, liabilities, and expenses, including reasonable attorneys’ fees, to extent resulting from or arising out of any third-party claim, demand, or action due to (i) Data you provide to us; (ii) your violation of these Terms, any Applicable Law, or any rights (including intellectual property or privacy rights) of another party; or (iii) your use of the Services, except as expressly permitted in these Terms.

  1. Disclaimer

THE SERVICES ARE PROVIDED TO YOU “AS IS” AND WITH ALL FAULTS AND DEFECTS. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, STASH, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SERVICES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, PERFORMANCE, USAGE OR TRADE PRACTICE, EXCEPT THOSE WARRANTIES THAT CANNOT BE DISCLAIMED UNDER APPLICABLE LAW. WITHOUT LIMITATION TO THE FOREGOING, STASH PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED, EXCEPT AS REQUIRED BY APPLICABLE LAW.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

  1. Limitation of Liability

In no event shall Stash, its affiliates, its licensor(s) and each of our and their respective officers, directors, employees or agents, be liable to you or to any third party: (i) for any personal injury, property damage, lost profits or lost data or special, incidental, indirect, punitive or consequential damages (however arising, including negligence) arising out of or in any way connected to Stash, even if Stash has been advised of the possibility of such damages or loss or in the event of Stash or its affiliates’ fault, tort (including negligence), strict liability, breach of contract or breach of Stash’s warranty; (ii) for any negligent misrepresentation with respect to any Digital Goods; (iii) for any loss or damages caused to any Digital Goods as a result of any action or omission of a Developer; or (iv) for any amount in excess of the total amount paid by you to Stash in the twelve (12) months preceding the event giving rise to liability, or US $150, whichever is greater. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. You also may have other legal rights that vary from jurisdiction to jurisdiction. THESE LIMITATIONS AND EXCLUSIONS REGARDING DAMAGES APPLY EVEN IF ANY REMEDY FAILS TO PROVIDE ADEQUATE RECOMPENSE.

FOR THE AVOIDANCE OF DOUBT, STASH SHALL HAVE NO LIABILITY ARISING OUT OF OR RELATING TO THE DEVELOPER OFFERINGS.

15. Contracting Entity and Governing Law

  1. Governing Law. This Section 15.2 applies to the fullest extent permitted by the Applicable Law of your jurisdiction of residence. Nothing in this Section 15.2 limits any mandatory statutory rights you may have as a consumer under Applicable Law. These Terms shall be governed by and construed and enforced in accordance with the United States Federal Arbitration Act, other applicable federal laws and the laws of the State of California, without regard to conflict of laws principles. The parties agree that neither the United Nations Convention on Contracts for the International Sale of Goods, nor the Uniform Computer Information Transaction Act (UCITA) shall apply to these Terms, regardless of the states or countries in which the parties do business or are incorporated.
  1. Binding Arbitration and Class Action Waiver
    1. Applicability. This Section 16 applies to the fullest extent permitted by the Applicable Law of your jurisdiction of residence. Nothing in this Section 16 limits any mandatory statutory rights you may have as a consumer under applicable law.
    2. Disputes. Most user concerns can be resolved by use of our Stash support site at https://www.stash.gg/contact or by emailing support@stash.gg If we are unable to resolve your concerns and a dispute remains between you and Stash, this Section 16 explains how we agree to resolve it.
      1. ALL CLAIMS ARISING IN CONNECTION WITH THIS AGREEMENT SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION RATHER THAN IN COURT, EXCEPT THAT YOU MAY ASSERT CLAIMS IN SMALL CLAIMS COURT (DEFINED FOR THE PURPOSES OF THIS TOS AS A COURT OF LIMITED JURISDICTION THAT MAY ONLY HEAR CLAIMS NOT EXCEEDING $5,000) IF YOUR CLAIMS ARE WITHIN THE COURT’S JURISDICTION. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. If your Applicable Law in your country of residence explicitly gives you rights and obligations to resolve disputes in a manner different from the one indicated below, such Applicable Law shall apply.
      2. A party that intends to seek arbitration must first send a written notice to Stash of its intent to arbitrate (“Notice”). The Notice to Stash should be sent by any of the following means: (i) via electronic mail to legal@Stash.gg; or (ii) by sending the Notice by certified mail to the appropriate Stash legal entity according to Section 21.1 below, titled “Notice.” The Notice must (x) describe the nature and basis of the claim or dispute; and (y) set forth the specific relief sought. If we do not reach an agreement to resolve the claim within thirty (30) days after the Notice is received, you or Stash may commence an arbitration proceeding.
      3. The arbitration shall be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules then in effect; all other claims shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures then in effect. The arbitration shall be conducted in the English language by a single independent and neutral arbitrator. For any hearing conducted in person as part of the arbitration, you agree that such hearing shall be conducted in San Francisco, California or, if the Consumer Arbitration Rules apply, another location reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances, as determined by the arbitrator. The decision of the arbitrator shall be final and binding. Judgment on the arbitral award may be entered in any court of competent jurisdiction.
      4. WE EACH AGREE THAT ALL CLAIMS SHALL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION OR OTHER SIMILAR PROCESS (INCLUDING ARBITRATION). IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL AND AGREE THAT SUCH CLAIM SHALL BE BROUGHT ONLY IN A COURT OF COMPETENT JURISDICTION IN SAN FRANCISCO, CALIFORNIA. YOU HEREBY SUBMIT TO THE PERSONAL JURISDICTION AND VENUE OF SUCH COURTS AND WAIVE ANY OBJECTION ON THE GROUNDS OF VENUE, FORUM NON-CONVENIENS OR ANY SIMILAR GROUNDS WITH RESPECT TO ANY SUCH CLAIM.
      5. Notwithstanding anything to the contrary, you and Stash may seek injunctive relief and any other equitable remedies from any court of competent jurisdiction to protect its intellectual property rights, whether in aid of, pending, or independently of the resolution of any dispute pursuant to the arbitration procedures set forth in this Section 16.
    3. Limitation of Time to File Claims. To the extent permitted by Applicable Law, any cause of action or claim you may have arising out of or relating to these Terms or the Digital Goods must be commenced within one (1) year after the cause of action accrues or within the applicable statutory limitations period, whichever is longer; otherwise such cause of action or claim is permanently barred.
    4. Changes. If Stash implements any material change to this Section 16, such change shall not apply to any claim for which you provided written notice to Stash before the implementation of the change.
  2. Legal Compliance

You represent and warrant that you will comply with all Applicable Laws, including without limitation, U.S. export laws and import and use laws of the country where any product or service is delivered or used and you are not: (a) located in a country that is subject to a U.S. Government embargo, or designated by the U.S. Government as a “terrorist supporting” country; and (b) listed on any U.S. Government list of prohibited or restricted parties, including the Specially Designated Nationals List.

  1. U.S. Government Entities

This Section 18 applies to access to or use of the Services by a branch or agency of the U.S. Government. The Services includes “commercial computer software” and “commercial computer software documentation” as such terms are used in 48 C.F.R. 12.212 and qualifies as “commercial items” as defined in 48 C.F.R. 2.101. Such items are provided to the U.S. Government: (a) for acquisition by or on behalf of civilian agencies, consistent with the policy set forth in 48 C.F.R. 12.212; or (b) for acquisition by or on behalf of units of the Department of Defense, consistent with the policies set forth in 48 C.F.R. 227.7202-1 and 227.7202-3. The U.S. Government shall acquire only those rights set forth in this TOS with respect to such items, and any access to or use of the Services by the U.S. Government constitutes: (i) agreement by the U.S. Government that that such items are “commercial computer software” and “commercial computer software documentation” as defined in this Section 18; and (ii) acceptance of the rights and obligations herein.

  1. Procedure for Making Claims of Copyright Infringement

If you believe that your work has been made publicly available through the Services in a way that constitutes copyright infringement, please provide Stash’s Agent for Notice of Copyright Claims the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) a description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) a description of the material that you claim is infringing and where that material may be accessed within the Services; (d) your address, telephone number and email address; (e) a statement by you that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the Applicable Law; and (f) a statement from you that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, please contact Stash’s Agent for Notice of Copyright Claims. Stash’s Agent for Notice of Copyright Claims can be reached as follows:

Agent for Notice of Copyright Claims

1032 E Brandon Blvd. #2468 

Brandon FL 33511

Phone Number: (813) 324-5513

Email: legal@stash.gg

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  1. California Users & Residents

In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting such unit in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

  1. Miscellaneous
    1. Notices. Stash may give notice to you by means of a general notice to you while you make a purchase, through your Account, electronic mail to your email address in our records or by a written communication sent by first class mail, postage prepaid, or overnight courier to your address on record, provided Stash has your physical address. Notice to Stash should be sent by any of the following means: (i) via electronic mail to legal@stash.gg; or (ii) via registered or certified mail to the applicable address listed in Section 15.1.
    2. Severability. Except as otherwise expressly set forth in these Terms, in the event that any provision of these Terms is held to be unenforceable by a court or another tribunal of competent jurisdiction, such provision will be enforced to the maximum extent permissible, and the remaining portions of these Terms shall remain in full force and effect. These Terms constitute and contain the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior oral or written agreements. You agree that these Terms is not intended to confer and does not confer any rights or remedies upon any person other than the parties to these Terms.
    3. Enforcement. Stash’s obligations are subject to existing Applicable Laws and legal process, and Stash reserves the right to comply with law enforcement or regulatory requests or requirements notwithstanding any contrary term.
    4. Force Majeure. Stash shall not be liable for any loss or delay to the extent resulting from any force majeure event, including, but not limited to, acts of God, fire, natural disaster, terrorism, labor stoppage, internet service provider failures or delays, pandemic, epidemic, quarantine restriction, civil unrest, war or military hostilities, criminal acts of third parties or any other event beyond Stash’s control, and any performance of the services shall be extended to the extent of any delay resulting from any force majeure event.
    5. Prohibited Commercial Uses. You may not use the Services or Digital Goods in their entirety or their individual components for any purpose not expressly authorized by Stash or the respective Developer. Prohibited uses include but are not limited to (i) playing the Game(s) at commercial establishments; (ii) gathering Virtual Items for sale outside of the Game; (iii) performing in-game services including but not limited to account boosting or power-leveling in exchange for payment; (iv) communicating or facilitating (by text, live audio communications or otherwise) any commercial advertisement, solicitation or offer through or within the Services; or (v) organizing, promoting, facilitating or participating in any events involving wagering on the outcome or any other aspect of games, whether or not such conduct constitutes gambling under the Applicable Law of any applicable jurisdiction.
    6. Waiver. Stash’s failure or delay to enforce any rights or terms in these Terms will not constitute a waiver of such terms or any other terms of these Terms. No waiver by Stash of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
    7. No Third Parties. These Terms are not intended to confer and do not confer any rights or remedies upon any person or entity other than the parties to these Terms. 
    8. Entire Agreement. Along with the documents incorporated herein by reference, these Terms constitute and contain the entire agreement between the parties concerning the subject matter hereof and supersede any and all prior or contemporaneous oral or written agreements, understandings, negotiations, and discussions between the parties relating to such subject matter.

 

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