Last Updated: March 29, 2025
These Terms of Service ("Terms") govern your access to and use of Rack-Point's website, products, and services. By accessing or using our services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use our services.
In these Terms, the following definitions apply:
To access certain features of our services, you may need to create an account. When you create an account, you agree to:
We reserve the right to suspend or terminate your account if we suspect that any information you provide is inaccurate, outdated, or incomplete, or if you have violated these Terms.
You agree not to use our services to:
We reserve the right to monitor compliance with these acceptable use policies and to investigate potential violations. We may take action against users who violate these policies, including suspending or terminating their access to our services.
You agree to pay all fees associated with your subscription. Fees are non-refundable except as expressly provided in these Terms or as required by law. All fees are exclusive of taxes, which you are responsible for paying.
We will bill you on a recurring basis (monthly, annually, or as otherwise specified when you sign up). By providing your payment information, you authorize us to charge your payment method for all fees incurred.
We may change our prices at any time. If we increase prices for your subscription, we will notify you at least 30 days before the change takes effect. Your continued use of our services after the price change constitutes your agreement to pay the updated price.
If your payment is not successful, we may suspend or terminate your access to our services. You remain responsible for all unpaid fees.
You may cancel your subscription at any time through your account settings or by contacting our support team. If you cancel, you may continue to use the services until the end of your current billing period, but you will not receive a refund for any fees already paid.
We may suspend or terminate your access to our services at any time, with or without cause, and with or without notice. Causes for termination may include, but are not limited to:
Upon termination of your account:
Our services, including all content, features, and functionality, are owned by Rack-Point or our licensors and are protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of our services without our prior written consent.
You retain full ownership of any content you upload to our hosting services. By uploading, you grant us a worldwide, non-exclusive, royalty-free license to use, store, and display your content solely to provide, operate, and maintain our services. This license is necessary for hosting your content and will automatically end if you cancel your service or remove your content.
If you provide us with feedback about our services, you grant us the right to use that feedback without restriction or compensation to you.
OUR 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 OUR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR SERVICES OR THE SERVERS THAT MAKE OUR SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL RACK-POINT, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:
IN ANY CASE, OUR AGGREGATE LIABILITY UNDER THESE TERMS SHALL BE LIMITED TO THE AMOUNT YOU PAID US FOR THE SERVICES GIVING RISE TO THE CLAIM DURING THE 12 MONTHS PRECEDING THE CLAIM.
You agree to indemnify, defend, and hold harmless Rack-Point, its affiliates, officers, employees, agents, suppliers, and licensors from and against all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys' fees) that arise from or relate to:
These Terms shall be governed by and construed in accordance with the laws of the State of Connecticut, without regard to its conflict of law provisions. Any dispute arising from or relating to these Terms or our services shall be resolved exclusively in the state or federal courts located in Connecticut, and you consent to the personal jurisdiction of such courts.
We may update these Terms from time to time to reflect changes in our services, our business, or the law. We will post the updated Terms on our website and update the "Last Updated" date at the top of these Terms. Your continued use of our services after the effective date of the updated Terms constitutes your acceptance of the updated Terms.
For material changes to these Terms, we will make reasonable efforts to notify you, such as by sending an email to the email address associated with your account or by displaying a prominent notice on our website.
These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and Rack-Point regarding your use of our services.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by an authorized representative of Rack-Point.
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.
You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt to assign or transfer these Terms without such consent will be null and void. We may assign or transfer these Terms, at our sole discretion, without restriction.
No agency, partnership, joint venture, or employment relationship is created as a result of these Terms, and neither you nor Rack-Point has any authority to bind the other in any respect.
If you have any questions about these Terms, please contact us at:
Our team is here to help you understand our terms of service and answer any questions you may have.
