Terms of Service

1. Agreement

These Terms of Service (the “Terms”) form a binding agreement between you and Aiden Bolin, an individual sole proprietor doing business as MindSparkStack (“MindSparkStack,” “we,” “us,” “our”). By creating an account, purchasing a product, or otherwise using the Service, you agree to these Terms, the Privacy Policy, the Acceptable Use Policy, and the Refund Policy. If you do not agree, do not use the Service.

2. Eligibility

You must be at least 16 years old (18 to make purchases) and capable of entering a binding contract. If you act on behalf of an organization, you represent you have authority to bind that organization.

3. Service

MindSparkStack provides StackPatch — CVE / patch ops tooling for Linux servers (Ubuntu, Debian, Alpine, AlmaLinux, Rocky) — alongside related newsletters and educational content. Specific feature lists and prices are published on the Service.

4. Accounts

• Provide accurate, current information.
• Keep credentials confidential. You are responsible for activity under your account.
• One account per person; no sharing or sublicensing.
• Notify us promptly of any unauthorized access.

5. Purchases & Payment

• Payments are processed by Stripe under Stripe’s own terms.
• Prices are in USD and exclusive of any sales, use, VAT, or GST taxes, which you are responsible for where applicable.
• One-time purchases (e.g., StackPatch lifetime founder seat) grant a perpetual, non-transferable license to the version delivered at purchase.
• We may change prices prospectively. Active subscriptions are honored at the rate in effect at last renewal until the next renewal cycle.

6. Subscriptions & Automatic Renewal

Subscription plans (e.g., StackPatch Indie, Pro, and Team monthly tiers) renew automatically at the end of each billing period (monthly or annual as selected) at the then-current rate using the payment method on file. You authorize this recurring charge until you cancel.

How to cancel: by emailing billing@mindsparkstack.com before the next renewal. Cancellation takes effect at the end of the current period; you retain access through that date. No partial-period refunds for cancellation, except as described in our Refund Policy.

California residents: this disclosure is provided pursuant to Cal. Bus. & Prof. Code §§ 17600–17606 (Automatic Renewal Law). The same cancellation method described above is the exclusive cancellation mechanism. Federal residents: this disclosure is also provided pursuant to the Restore Online Shoppers’ Confidence Act (ROSCA), 15 U.S.C. § 8403.

7. Refunds

See the full Refund Policy. Briefly: 30-day money-back guarantee on one-time purchases; subscriptions can be cancelled anytime with prorated refund of the current period if requested within 7 days of charge.

8. Intellectual Property & License

• All Service content, code, branding, and materials are owned by MindSparkStack or its licensors.
• Subject to these Terms and continued payment, you receive a personal, non-transferable, non-exclusive license to access and use the Service for your own purposes.
• You may use code samples and templates provided in courses in your own projects, including commercially.
• You may not redistribute, resell, sublicense, or publicly post paid course videos, lesson text, or downloadable assets.

9. Your Content & Feedback

You retain ownership of content you submit (forum posts, support tickets, feedback). You grant us a worldwide, royalty-free, perpetual license to use that content to operate and improve the Service. Feedback is non-confidential and may be used without compensation.

10. Acceptable Use

Your use of the Service is governed by the Acceptable Use Policy. Violations may result in suspension or termination without refund.

11. Third-Party Services

The Service relies on third parties (Stripe, Netlify, Supabase, Resend, Anthropic, OpenAI, and others listed at /sub-processors). Their availability, terms, and prices are outside our control. We are not responsible for outages or actions of third-party services beyond using commercially reasonable efforts to maintain integrations.

12. AI-Generated Content

MindSparkStack uses AI (the “Accuoa fleet”) to draft, summarize, and route content. AI outputs may contain errors, hallucinations, or omissions. You are responsible for verifying AI-assisted output before relying on it. Where reasonably feasible we mark AI-assisted content; absence of a marker is not a warranty of human authorship.

13. No Financial Advice

14. Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ACCURACY OF AI OUTPUT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL MINDSPARKSTACK BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO THE SERVICE. OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) AMOUNTS YOU PAID US IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) USD $100. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, IN WHICH CASE THESE LIMITS APPLY TO THE FULLEST EXTENT PERMITTED.

16. Indemnification

You will defend, indemnify, and hold harmless MindSparkStack and its operators from any third-party claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of (a) your use of the Service in violation of these Terms, (b) your content, or (c) your violation of any law or third-party right.

17. Termination

You may stop using the Service at any time. We may suspend or terminate access for violation of these Terms or applicable law, with or without notice. Sections that by their nature should survive termination (IP, indemnity, disclaimers, liability limits, arbitration, governing law) will survive.

18. DMCA

Copyright owners may submit takedown notices and counter-notices under the DMCA via the procedure at /dmca.

19. Export & Sanctions

You will not access or use the Service in violation of US export controls or sanctions, and you represent you are not on any US government denied or restricted-party list, and are not located in a comprehensively sanctioned jurisdiction.

20. Governing Law & Venue

These Terms are governed by the laws of the State of Delaware, USA, without regard to conflict-of-laws rules. Subject to Section 21, any judicial proceedings will take place exclusively in the state or federal courts located in New Castle County, Delaware, and you consent to that personal jurisdiction.

21. Binding Arbitration & Class Waiver

21.1 Agreement to Arbitrate.Any dispute, claim, or controversy arising out of or relating to these Terms or the Service (each a “Dispute”) will be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, in English, seated in Wilmington, Delaware. Judgment may be entered in any court of competent jurisdiction.

21.2 Exceptions. Either party may bring (a) a small-claims action in a court of competent jurisdiction, or (b) an action seeking only injunctive or equitable relief to protect intellectual-property rights.

21.3 Class Waiver.Disputes will be brought in the parties’ individual capacities only. No class, collective, mass, or representative actions are permitted. The arbitrator may not consolidate claims or preside over any form of representative or class proceeding.

21.4 Pre-Arbitration Notice. Before initiating arbitration, the claimant will send a written notice describing the Dispute to legal@mindsparkstack.com (or, for our notice to you, the email on file) and allow 60 days for good-faith resolution.

21.5 Fees.Filing fees follow the AAA Consumer Rules. We will pay our share as required by those rules and reimburse a prevailing consumer claimant’s filing fee where required by law.

21.6 Severability of Arbitration. If the class waiver is found unenforceable, the entire arbitration agreement is void as to claims to which the waiver cannot lawfully apply, and those claims will proceed in court under Section 20.

21.7 Opt-Out. You may opt out of arbitration by emailing legal@mindsparkstack.com with subject “Arbitration Opt-Out” and your account email within 30 days of first accepting these Terms. Opting out does not affect any other provision.

22. Force Majeure

Neither party is liable for delay or failure to perform caused by events beyond its reasonable control, including acts of God, war, terrorism, civil unrest, labor action, pandemic, internet/cloud outages, or government action.

23. Severability & Entire Agreement

If any provision is held unenforceable, the remaining provisions remain in full effect. These Terms, the Privacy Policy, the Acceptable Use Policy, the Refund Policy, and any product-specific addenda constitute the entire agreement and supersede prior or contemporaneous agreements on the same subject.

24. Assignment

You may not assign these Terms without our prior written consent. We may assign these Terms to an affiliate, successor, or acquirer of all or substantially all our assets without notice.

25. Electronic Communications

You consent to receive communications from us electronically (email, in-product notices), and agree that electronic communications satisfy any legal requirement that such communications be in writing.

26. Changes

We may modify these Terms by posting an updated version with a new effective date. Material changes will be notified by email or in-product banner at least 14 days before they take effect for active subscribers. Continued use after the effective date constitutes acceptance.

27. Contact

Aiden Bolin d/b/a MindSparkStack · legal@mindsparkstack.com · United States.