Terms & Privacy

1. Parties and Background

These Terms and Conditions (the "Terms") are entered into by and between Birch Bark Apps LLC ("Company," "we," "us," or "our") and each individual or entity that accesses or uses Carrier Stash (the "Services") ("User" or "you"). The Company provides carrier library management software through a hosted SaaS platform and related mobile application. By accessing, downloading, registering for, or using the Services, you agree to be bound by these Terms.

2. Definitions

"Account" means a registered user profile used to access the Services. "Content" means information, text, graphics, files, data, and other materials submitted, uploaded, or transmitted through the Services. "Company Content" means all software, interfaces, documentation, designs, trademarks, and other materials made available by the Company. "User Content" means Content provided by a User. "Applicable Law" means laws, rules, and regulations applicable to the parties and the Services.

3. Eligibility and Account Registration

You represent that you have legal capacity to enter into these Terms and to use the Services. If you use the Services on behalf of an entity, you represent that you have authority to bind that entity. You agree to provide accurate, current, and complete registration information and to keep that information updated. You are responsible for maintaining the confidentiality of your login credentials and for all activities occurring under your Account.

4. License and Permitted Use

Subject to your compliance with these Terms, the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to access and use the Services for your internal business or personal use, as applicable. You may not copy, modify, distribute, sell, lease, reverse engineer, decompile, disassemble, or otherwise attempt to derive source code from the Services except to the extent such restriction is prohibited by Applicable Law. Any rights not expressly granted are reserved by the Company.

5. User Obligations and Prohibited Conduct

You agree to use the Services only in compliance with Applicable Law and these Terms. You may not use the Services to transmit unlawful, infringing, defamatory, harassing, fraudulent, or malicious content; interfere with the operation or security of the Services; attempt unauthorized access to any account, network, or data; or use automated means to scrape or misuse the Services except as expressly permitted by the Company. The Company may investigate suspected misuse and may suspend or terminate access as described in Section 13.

6. Subscription, Fees, and Payment

Access to some or all features of the Services may require payment under a monthly or yearly subscription. If fees apply, you agree to pay all charges, taxes, and other amounts due in accordance with the pricing and billing terms presented at the time of purchase. Unless otherwise stated, fees are non-refundable except as required by law. If you cancel your subscription, you will continue to have access through the end of the current billing period, and no partial refunds will be provided except as required by law. The Company may change pricing prospectively by providing reasonable notice through the Services or by other communication.

7. User Content

As between the parties, you retain ownership of your User Content, subject to the rights granted in these Terms. You grant the Company a non-exclusive, worldwide, limited license to host, store, reproduce, process, transmit, and display User Content solely as necessary to provide, maintain, support, secure, and improve the Services and to comply with legal obligations. You represent and warrant that you have all rights necessary to provide User Content and that such User Content does not violate Applicable Law or third-party rights.

8. Intellectual Property Rights

The Services and all Company Content are owned by or licensed to the Company and are protected by intellectual property and other laws. Except for the limited license expressly granted in these Terms, no right, title, or interest in or to the Services or Company Content is transferred to you. If you provide feedback, suggestions, or ideas regarding the Services, you grant the Company a perpetual, irrevocable, worldwide, royalty-free right to use and exploit that feedback without restriction or compensation.

9. Confidentiality

Each party may receive non-public information of the other party that is designated as confidential or that reasonably should be understood to be confidential under the circumstances ("Confidential Information"). The receiving party shall use the disclosing party's Confidential Information only as necessary to perform or receive the Services and shall protect it using reasonable care, but not less than the care used to protect its own similar information. Confidential Information does not include information that is or becomes public without breach, was already lawfully known, is independently developed without use of the other party's Confidential Information, or is lawfully received from a third party without restriction.

10. Third-Party Services

The Services may interoperate with, contain links to, or rely on third-party products or services, including Supabase (database, authentication, and file storage), Netlify (website and application hosting), Stripe (payment processing), and Resend (transactional email delivery). The Company does not control and is not responsible for third-party products or services except to the extent expressly stated by the Company in writing. Your use of any third-party service may be subject to separate terms and privacy practices of the applicable provider.

11. Representations and Warranties

Each party represents and warrants that it has the power and authority to enter into these Terms. You further represent and warrant that your use of the Services, and any User Content you provide, will comply with Applicable Law and will not infringe, misappropriate, or otherwise violate any third-party rights. The Company may provide the Services using commercially reasonable care, but the Services are offered on an "as is" and "as available" basis except to the extent a non-waivable warranty applies under Applicable Law.

12. Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, managers, members, officers, employees, and agents from and against third-party claims, damages, liabilities, losses, costs, and expenses, including reasonable attorneys' fees, arising out of or relating to your User Content, your misuse of the Services, your breach of these Terms, or your violation of Applicable Law or third-party rights. The Company shall provide notice of any indemnified claim as reasonably practicable and may participate in the defense at its own expense.

13. Term, Suspension, and Termination

These Terms begin on the earlier of the date you first access the Services or the effective date stated above and continue until terminated. The Company may suspend or terminate your access immediately for violation of these Terms, suspected fraud, security concerns, nonpayment, legal compliance reasons, or conduct that may create risk or harm. You may stop using the Services at any time and may terminate any Account in accordance with the account settings or by contacting the Company. Upon termination, your right to use the Services ceases immediately, but Sections concerning fees owed, intellectual property, confidentiality, indemnification, limitation of liability, dispute terms, and other provisions that by their nature should survive will survive.

14. Disclaimers

To the fullest extent permitted by Applicable Law, the Company disclaims all implied warranties, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. The Company does not warrant that the Services will be uninterrupted, error-free, secure, or free of harmful components, or that any data will be accurate, complete, or preserved without loss. Some jurisdictions do not allow certain disclaimers, so portions of this Section may not apply to you.

15. Limitation of Liability

To the fullest extent permitted by Applicable Law, the Company and its affiliates shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenues, goodwill, data, or business interruption, arising out of or related to the Services or these Terms, even if advised of the possibility of such damages. To the fullest extent permitted by Applicable Law, the aggregate liability of the Company arising out of or relating to the Services or these Terms shall not exceed the greater of the amounts you paid to the Company for the Services during the twelve months preceding the event giving rise to the claim or one hundred U.S. dollars (US $100). This Section does not limit liability to the extent such limitation is prohibited by law.

16. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to conflict of law rules. Any dispute arising out of or relating to these Terms or the Services shall be resolved in the state or federal courts located in or serving Erie County, Pennsylvania, and each party consents to personal jurisdiction and venue in those courts, except to the extent another forum is required by Applicable Law. Nothing in these Terms is intended to waive rights that cannot be waived under consumer protection or privacy laws.

17. Notices

Notices to the Company under these Terms shall be sent to Birch Bark Apps LLC at PO Box 16, Nottingham, PA 19362, and to legal@carrierstash.com. Notices to you may be provided through your Account, within the Services, or by email or other contact information you provide. Electronic notices will be effective when sent, and mailed notices will be effective upon receipt or as otherwise permitted by Applicable Law.

18. Entire Agreement; Amendment; Assignment; Severability; Waiver

These Terms constitute the entire agreement between you and the Company regarding the Services and supersede prior or contemporaneous understandings on that subject. The Company may amend these Terms from time to time by posting updated Terms or otherwise providing notice, and the revised Terms will become effective as stated in the notice; continued use after the effective date constitutes acceptance to the extent permitted by law. You may not assign these Terms without the Company's prior written consent, while the Company may assign these Terms in connection with a merger, reorganization, sale of assets, or by operation of law. If any provision is held unenforceable, the remaining provisions will remain in effect, and any waiver must be in writing and will not be deemed a waiver of any other provision.

1. Parties and Scope

This Privacy Policy describes how Birch Bark Apps LLC collects, uses, discloses, stores, and otherwise processes personal information in connection with Carrier Stash. This Privacy Policy applies to visitors, customers, and users of the Services, including the related website, hosted platform, mobile applications, and support communications, except where a separate privacy notice applies.

2. Categories of Information Collected

The Company may collect personal information that you provide directly, information collected automatically when you use the Services, and information received from service providers or other lawful sources. Categories may include identifiers such as name, username, email address, mailing address, and phone number; account credentials; payment and transaction information processed by payment providers; device and usage information such as IP address, browser type, operating system, app version, log data, crash data, advertising identifiers, and analytics data; location information if enabled on your device; customer support communications; and any other information you choose to submit through the Services.

3. How Information Is Used

The Company may use personal information to provide, operate, maintain, personalize, and improve the Services; create and administer Accounts; authenticate users; process transactions; communicate about updates, security notices, support requests, and service-related matters; monitor and analyze usage and performance; prevent fraud, abuse, and security incidents; enforce these Terms and other policies; comply with legal obligations; and protect the rights, property, and safety of the Company, users, and others. Where permitted by law, the Company may also use contact information to send marketing or promotional communications, subject to available opt-out rights.

4. Cookies, SDKs, and Similar Technologies

The Services may use cookies, software development kits, local storage, pixels, analytics tools, and similar technologies to remember preferences, maintain sessions, understand usage patterns, measure campaign effectiveness, and support security and functionality. Depending on the Services' configuration, users may be able to manage certain cookies or tracking settings through browser controls, device settings, consent tools, or in-app settings. If tracking technologies are used for analytics, advertising, or similar purposes, the Company may provide additional notices or choices where required by Applicable Law.

5. Disclosure of Information

The Company may disclose personal information to vendors and service providers that perform services on its behalf, such as hosting, analytics, customer support, payment processing, email delivery, security, and infrastructure providers; to professional advisors such as lawyers, accountants, and insurers; to business counterparties in connection with an actual or proposed financing, merger, acquisition, restructuring, or sale of assets; to government authorities or other parties when required by law, subpoena, court order, or to protect rights and safety; and with your direction or consent. The Company does not sell personal information for monetary consideration unless otherwise disclosed in a supplemental notice.

6. Data Retention

How long we keep your information. We keep personal information only for as long as needed to provide our services, operate our business, comply with legal obligations, resolve disputes, enforce our agreements, and protect our platform.

If you close your account, we generally retain your customer account data for up to one year after account closure. We do this to help with account reactivation requests, support follow-up, recordkeeping, and dispute resolution.

Some information may be kept for different periods depending on the type of record and the reason we need it, including:

• Billing and payment records, which may be retained longer to comply with tax, accounting, and audit obligations
• Contracts, consents, and transaction records, which may be retained to document our relationship with you and enforce our terms
• Support and communications records, which may be retained to respond to follow-up questions, complaints, or disputes
• Security, fraud-prevention, and audit logs, which may be retained to protect our services and investigate misuse
• Backup copies, which may remain in our systems until they are deleted in the ordinary course of our backup and disaster recovery processes

When we no longer need personal information, we delete it, de-identify it, or securely store it until deletion is possible. In some situations, we may retain information for longer if required or permitted by law, including when necessary to comply with legal obligations, resolve disputes, enforce our agreements, investigate fraud or security incidents, or respond to valid legal requests.

7. Data Security

The Company uses administrative, technical, and physical safeguards designed to protect personal information against unauthorized access, disclosure, alteration, and destruction. No method of transmission over the internet or method of electronic storage is completely secure, and the Company cannot guarantee absolute security. Users are responsible for maintaining the confidentiality of their credentials and for notifying the Company promptly of suspected unauthorized access.

8. Children's Privacy

The Services are intended for users in the United States and are not directed to children under the age permitted by Applicable Law to use the Services without required consent. The Company does not knowingly collect personal information from children where prohibited by law. If the Company learns that it has collected personal information from a child in violation of Applicable Law, it may take steps to delete that information and restrict the associated account.

9. Your Choices and Rights

Depending on where you live and subject to applicable exceptions, you may have rights relating to your personal information, such as rights to access, correct, delete, or obtain a copy of certain information, and rights to object to or limit certain processing. You may also have choices regarding marketing communications, cookies, device permissions, and account settings. To exercise available rights, contact the Company using the information below; the Company may need to verify your identity before processing a request.

10. Cross-Border and State-Specific Considerations

The Company is based in Pennsylvania and may process information in the United States or other jurisdictions where the Company or its service providers operate. If personal information is transferred across borders, it may be subject to the laws of the receiving jurisdiction. Certain U.S. states may provide additional privacy rights or require additional disclosures; if the Company becomes subject to such requirements based on its activities or user base, it may publish a supplemental privacy notice.

11. Changes to This Privacy Policy

The Company may update this Privacy Policy from time to time to reflect changes in the Services, legal requirements, or business practices. When updates are made, the Company may revise the effective date and provide additional notice where required by law. Your continued use of the Services after the updated policy becomes effective may constitute acknowledgment of the revised policy to the extent permitted by Applicable Law.

12. Contact Information and Notices

If you have questions about this Privacy Policy or wish to submit a privacy request, contact Birch Bark Apps LLC at PO Box 16, Nottingham, PA 19362, or by email at privacy@carrierstash.com.