Terms and Conditions
These Terms and Conditions ("Terms") govern your access to and use of the stoker.services website (the "Site"), and your purchase of any Stoker license or service from us. By using the Site or purchasing a license, you agree to these Terms. If you do not agree, please do not use the Site or make a purchase.
These Terms cover the customer relationship. The Stoker software itself is licensed to you separately under our End User License Agreement ("EULA"), which governs your installation and use of the Hub and Agent. Our Privacy Policy explains how we handle personal information you provide to us, and our Refund Policy sets out the terms of refunds. Each of those documents is incorporated into these Terms by reference.
1. About us and what we sell
Stoker is a self-hosted Windows machine and service monitoring product. We sell time-limited licenses that raise the number of Machines you may monitor beyond the free tier, as described on our pricing page. Every installation includes a 30-day full-featured trial at first run; after the trial, the free tier permits monitoring of one Machine at no charge indefinitely. Full definitions of a "Machine" and of the license grant are in the EULA.
2. Purchases and payment
Purchases are processed by Stripe. We use Stripe's Managed Payments service, under which Stripe acts as the merchant of record for orders placed through the Site and is responsible for collecting and remitting applicable sales tax and VAT. Stripe handles the payment page, payment processing, invoicing and receipts. Your use of Stripe's checkout is additionally governed by Stripe's consumer terms and privacy policy. We may see your name, email address and order details but do not receive or store your full payment card information.
Prices are shown in United States Dollars unless stated otherwise, and applicable taxes are added at checkout. Paid tier licenses are billed annually and automatically renew for successive one-year terms at the then-current price unless cancelled before the renewal date. To cancel auto-renewal, use the management link included with your receipt, or email contact@stoker.services and we will cancel it for you.
3. License delivery
After a successful purchase you will receive your license key by email at the address used at checkout, typically within one business day. Every installation runs a full-featured 30-day trial from first run, so you can install and use the Software immediately after purchase and enter your key when it arrives, with no reinstall. If your key has not arrived within one business day, please contact contact@stoker.services and we will resend it.
4. Refunds
We offer a full refund within 30 days of purchase, no lengthy justification needed. Refunds are processed by Stripe to the original payment method. Full terms are on the Refund Policy page.
5. Acceptable use of the Site
You agree not to: (a) use the Site or Software to violate any applicable law, (b) interfere with, disrupt or attempt to gain unauthorised access to the Site or any related systems, (c) attempt to probe, scan or test the vulnerability of the Site except through a channel we designate for that purpose, (d) upload or transmit any malware or misleading content through the Site, or (e) misrepresent your identity or affiliation when contacting us. We may suspend access to the Site, refuse a purchase, or revoke a license if you materially breach these Terms.
6. Your account and license keys
A license key identifies your organization and is issued for your use. You are responsible for keeping it confidential and for all activity under it. Notify us promptly at contact@stoker.services if you believe a key has been shared or compromised so that we can reissue it. Sharing a key across separate organizations is prohibited by the EULA.
7. Intellectual property
The Site, its content, the Stoker name and logo, and the Software (including any documentation and updates) are owned by us or our licensors and are protected by copyright, trademark and other intellectual property laws. Nothing on the Site grants you any right to use our trademarks or branding without our prior written permission, except to accurately identify our product.
8. Third-party links
The Site may link to third-party websites, tools or services (for example the payment page hosted by Stripe, or documentation resources we reference). We are not responsible for the content, terms or availability of any third-party site and provide such links for convenience only.
9. Disclaimer of warranties
THE SITE AND THE SOFTWARE ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE OR SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT THEY WILL DETECT, PREVENT OR REMEDIATE ANY PARTICULAR CONDITION, INCLUDING SERVICE OUTAGES. Additional software-specific disclaimers are set out in the EULA.
10. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL PENTACLAST LLC BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA OR BUSINESS, OR FOR SERVICE DOWNTIME OR INTERRUPTION, ARISING OUT OF OR RELATED TO THE SITE, THE SOFTWARE OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THESE TERMS OR THE SOFTWARE WILL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM. Some jurisdictions do not allow certain exclusions or limitations, so parts of this section may not apply to you, and nothing in these Terms limits any liability that cannot be excluded under applicable law (for example, mandatory consumer-protection rights).
11. Indemnity
You agree to indemnify and hold harmless PENTACLAST LLC and its officers, employees and agents from any third-party claim, loss or expense (including reasonable legal fees) arising from your breach of these Terms, your misuse of the Site or Software, or your violation of any law or third-party right.
12. Changes to these Terms or the Site
We may update these Terms from time to time. When we do, we will change the "Last updated" date at the top and, if the change is material, take reasonable steps to notify you (for example by a note on the Site or an email to purchasers). Your continued use of the Site or Software after an update means you accept the revised Terms. We may also change, suspend or discontinue any part of the Site at any time.
13. Governing law and disputes
These Terms are governed by the laws of the State of North Carolina, United States, without regard to its conflict-of-laws rules. The courts located in the State of North Carolina, United States will have exclusive jurisdiction over any dispute, subject to any mandatory consumer-protection rights you may have where you live. If you are a consumer resident in the European Union or the United Kingdom, you may also bring a claim in the courts of your country of residence.
14. General
These Terms, together with the EULA, Privacy Policy and Refund Policy, are the entire agreement between you and us regarding your use of the Site and any purchase, and supersede prior understandings. If any provision is found unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our prior written consent; we may assign them to a successor in connection with a merger, acquisition or sale of substantially all our assets.
15. Contact
Questions about these Terms: contact@stoker.services.