Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") govern your access to and use of the website located at www.stackeleven.com (the "Site") and any services, features, or content offered by Heleus Holdings LLC, doing business as StackEleven ("StackEleven", "Company", "we", "us", or "our").

By accessing or using the Site, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not use the Site or our services.

2. Description of Services

StackEleven provides digital marketing services for pickleball and padel clubs, including but not limited to paid advertising management, website design and development, customer relationship management (CRM) solutions, graphic design, and sales team services (collectively, the "Services").

The specific scope, deliverables, and fees for any engagement will be outlined in a separate service agreement or statement of work between you and StackEleven.

3. Eligibility

You must be at least 18 years of age and capable of forming a binding contract to use our Site and Services. By using the Site, you represent and warrant that you meet these requirements.

4. User Accounts & Information

Certain features of our Site or Services may require you to provide personal or business information, including your name, email address, phone number, and business details. You agree to provide accurate, current, and complete information and to update it as necessary.

You are responsible for maintaining the confidentiality of any account credentials and for all activity that occurs under your account.

5. Communications & Messaging Consent

By providing your phone number through our Site, scheduling a call, submitting a contact form, or otherwise opting in to receive communications from StackEleven, you expressly consent to receive messages from us, including:

• Appointment reminders and scheduling confirmations
• Follow-up communications related to your inquiry or service engagement
• Marketing and promotional messages about our services
• Transactional messages related to active service agreements

Messages may be sent via SMS, MMS, email, or other electronic messaging channels. Message frequency varies. Message and data rates may apply depending on your carrier and plan.

Opt-Out: You may opt out of receiving text messages at any time by replying STOP to any message you receive from us. You may also contact us at [email protected] to update your communication preferences. Opting out of marketing messages will not affect transactional messages related to active service agreements.

Opt-In Confirmation: After opting in, you will receive a confirmation message. Your consent is not a condition of purchasing any goods or services from StackEleven.

Help: For assistance, reply HELP to any message or contact us at [email protected].

6. Intellectual Property

All content on this Site, including text, graphics, logos, images, software, and other materials (collectively, "Content"), is the property of StackEleven or its licensors and is protected by copyright, trademark, and other intellectual property laws.

You may not reproduce, distribute, modify, create derivative works of, publicly display, or otherwise exploit any Content without our prior written consent, except as permitted by applicable law.

7. Client Work & Deliverables

Ownership and licensing of any work product, creative assets, or deliverables produced by StackEleven on your behalf will be governed by the terms of the applicable service agreement between you and StackEleven.

Unless otherwise agreed in writing, StackEleven retains the right to showcase completed work in its portfolio and marketing materials.

8. Third-Party Services & Integrations

Our Services may involve the use of third-party platforms and tools, including but not limited to Meta (Facebook/Instagram), Google Ads, TikTok, Cal.com, and CRM systems. Your use of these platforms is subject to their respective terms and conditions.

StackEleven is not responsible for the availability, accuracy, or policies of any third-party services. We do not guarantee specific results from advertising campaigns or other marketing activities conducted on third-party platforms.

9. Payment Terms

Payment terms, fees, and billing schedules for our Services are outlined in the applicable service agreement. All fees are non-refundable unless otherwise stated in writing. We reserve the right to suspend or terminate Services for non-payment.

10. Prohibited Uses

You agree not to:

• Use the Site or Services for any unlawful purpose
• Attempt to gain unauthorized access to our systems or networks
• Interfere with or disrupt the integrity or performance of the Site
• Submit false, misleading, or fraudulent information
• Use automated systems (bots, scrapers) to access the Site without our written consent
• Infringe upon the intellectual property rights of StackEleven or any third party

11. Disclaimer of Warranties

THE SITE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, STACKELEVEN DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that the Site will be uninterrupted, error-free, or free of viruses or other harmful components. We do not guarantee specific results from our marketing Services, including but not limited to lead generation, membership growth, or advertising performance.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, STACKELEVEN AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY. OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO STACKELEVEN IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

13. Indemnification

You agree to indemnify, defend, and hold harmless StackEleven and its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to your use of the Site or Services, your violation of these Terms, or your violation of any rights of a third party.

14. Termination

We may suspend or terminate your access to the Site or Services at any time, with or without cause, and with or without notice. Upon termination, your right to use the Site ceases immediately. Sections that by their nature should survive termination (including intellectual property, disclaimers, limitation of liability, and indemnification) shall survive.

15. Governing Law & Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Utah, without regard to its conflict of law principles.

Any dispute arising out of or relating to these Terms or the Services shall first be resolved through good-faith negotiation. If the dispute cannot be resolved informally, it shall be submitted to binding arbitration administered in accordance with the rules of the American Arbitration Association, with proceedings held in Salt Lake City, Utah.

16. Changes to These Terms

We reserve the right to update or modify these Terms at any time. Changes will be effective upon posting the updated Terms on the Site with a revised effective date. Your continued use of the Site after any changes constitutes your acceptance of the updated Terms.

17. Contact Us

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

Heleus Holdings LLC, d/b/a StackEleven

Email: [email protected]

Website: www.stackeleven.com