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Terms Of Service

Stack is a cryptocurrency business that connects customers with a network of providers to exchange U.S. dollar-denominated fiat currency for various cryptocurrencies via a multistate network of unidirectional kiosks, an over-the-counter (OTC) platform, the acceptance of incoming domestic wire transfers, debit cards, and other electronic traditional payment rails. The kiosks exchange customers’ U.S. dollar-denominated cash for cryptocurrency. Stack currently supports Bitcoin (BTC), Litecoin (LTC), and Dogecoin (DOGE) denominated cryptocurrencies across its suite of services. In addition to its kiosk network, Stack facilitates remote exchanges of customer fiat for cryptocurrency via its OTC platform, which is made available to the institution’s established network of clients on an invitational basis. Accepted fiat payment methods include ACH, domestic bank wire transfers, and debit cards.

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SITE.

The following Site Terms of Use (“Terms of Use”) govern your access to and use of https://stackatm.com, including any content, functionality, and services offered on or through https://stackatm.com (the “Website”) owned and operated by Kalbas, Inc. (“Stack”, “we”, “us” or “our”). By accessing or using the Website, whether via computer, mobile device, or other technology, you represent that you are 18 years of age or older and you have read and agree to be bound by these Terms of Use in their entirety and all applicable laws, rules, and regulations governing your use of the Website. These Terms of Use may be amended by posting a new version to the Website which version will be effective upon posting. If you do not agree to the new version of these Terms of Use, do not use the Website.

1. Electronic Fund Transfers (“EFTs”) and Account Balances

Stack partners with various financial services companies to offer you electronic fund transfers (EFTs). By creating an Stack account and initiating bank deposits or withdrawals, you agree to our terms of service and privacy policy, https://stackatm.com/privacy-policy/

2. Electronic Notices

Opt-In

A. Agreement to Receive Electronic Notices. By agreeing to these Terms, you are giving your consent to receive all communications, agreements, documents, receipts, notices, and disclosures (collectively, “Communications”) from Stack electronically. These Communications may relate to your Token Transactions, your Stack Account, or any Services. Stack may deliver these Communications through various means, including posting them via the Services, emailing them to you at the email address you provide, sending them through an app or messaging service to your account on the app or messaging service, and/or sending an SMS or text message to a mobile phone number that you provide. You acknowledge that your mobile carrier’s normal messaging, data, and other rates and fees may apply to any mobile Communications. You are responsible for keeping copies of the electronic Communications by either printing a paper copy or saving an electronic copy. If you need additional electronic copies of Communications or paper copies, you can request them by submitting a support request to [email protected]. Please note that paper copies may incur a fee, as described below.

Opt-Out

B. Withdrawing Consent to Receive Electronic Communications. You have the right to withdraw your consent to receive electronic Communications from Stack. If you decide to withdraw your consent, you must notify Unbank by sending a withdrawal notice to [email protected]. However, if you withdraw your consent or decline to receive electronic Communications, Stack may suspend or terminate your use of the Services.

Third Parties/Affiliates

No mobile information will be shared with third parties/affiliates for marketing/promotional purposes. All the above categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties.

3. Ownership; Restrictions

A. You acknowledge and agree that, unless otherwise stated, we (or, as applicable, our licensors) own all legal rights, titles, and interests in and to all elements of the website and all intellectual property rights therein. The visual interfaces, graphics (including, without limitation, all art and drawings associated with them), design, systems, methods, information, computer code, software, services, “look and feel”, organization, a compilation of the content, code, data, and all other elements of the website (collectively, the “Content”) are owned by Stack and are protected by copyright, trade dress, patent, and trademark laws, international conventions, other relevant intellectual property and proprietary rights, and applicable laws. The Content is the copyrighted property of Stack or its licensors, and all trademarks, service marks, and trade names contained in the Content are proprietary to Stack or its licensors. Except as expressly set forth herein, your use of the website does not grant you ownership of or any other rights with respect to any content, code, data, or other materials that you may access on or through the website. We reserve all rights in and to the content not expressly granted to you in the Terms. For the sake of clarity, you understand and agree: (i) that your use of the website does not give you any rights or licenses in or to the Content (including, without limitation, our copyright in and to the art and drawings associated with the tokens) and (ii) that you do not have the right to reproduce, distribute, or otherwise commercialize any elements of the content (including, without limitation, our copyright in and to the art and drawings) in any way without our prior written consent in each case, which consent we may withhold in our sole and absolute discretion.

B. You agree that you are responsible for your own conduct while accessing or using the website, and for any consequences thereof. You agree to use the website only for purposes that are legal, proper, and in accordance with these Terms and any applicable laws or regulations. By way of example, and not as a limitation, you may not, and may not allow any third party to: (i) send, upload, distribute or disseminate any unlawful, defamatory, harassing, abusive, fraudulent, obscene, or otherwise objectionable content; (ii) distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other items of a destructive or deceptive nature; (iii) impersonate another person (via the use of an email address or otherwise); (iv) upload, post, transmit or otherwise make available through the website any content that infringes the intellectual proprietary rights of any party; (v) use the website to violate the legal rights (such as rights of privacy and publicity) of others; (vi) engage in, promote, or encourage illegal activity (including, without limitation, money laundering); (vii) interfere with other users’ enjoyment of the website; (viii) exploit the website for any unauthorized commercial purpose; (ix) modify, adapt, translate, or reverse engineer any portion of the website; (x) remove any copyright, trademark or other proprietary rights notices contained in or on the website or any part of it; (xi) reformat or frame any portion of the website; (xii) display any content on the website that contains any hate-related or violent content or contains any other material, products or services that violate or encourage conduct that would violate any criminal laws, any other applicable laws, or any third party rights; (xiii) use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the website or the content posted on the website, or to collect information about its users for any unauthorized purpose; (xiv) create user accounts by automated means or under false or fraudulent pretenses; or (xv) access or use the website for the purpose of creating a product or service that is competitive with any of our products or services.

4. Termination

You may terminate these Terms at any time by canceling your account on the website and discontinuing your access to and use of the website. You will not receive any refunds if you cancel your account, or otherwise terminate these Terms. You agree that we, in our sole discretion and for any or no reason, may terminate these Terms and suspend and/or terminate your account(s) for the website. You agree that any suspension or termination of your access to the website may be without prior notice and that we will not be liable to you or to any third party for any such suspension or termination. If we terminate these Terms or suspend or terminate your access to or use of the website due to your breach of these Terms or any suspected fraudulent, abusive, or illegal activity, then termination of these Terms will be in addition to any other remedies we may have at law or in equity. Upon any termination or expiration of these Terms, whether by you or us, you may no longer have access to information that you have posted on the website or that is related to your account, and you acknowledge that we will have no obligation to maintain any such information in our databases or to forward any such information to you or to any third party.

5. Disclaimers

A. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR ACCESS TO AND USE OF THE WEBSITE IS AT YOUR SOLE RISK, AND THAT THE WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE, OUR SUBSIDIARIES, AFFILIATES, AND LICENSORS MAKE NO EXPRESS WARRANTIES AND HEREBY DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE WEBSITE AND ANY PART OF IT (INCLUDING, WITHOUT LIMITATION, THE SITE, OR ANY EXTERNAL WEBSITES), INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, CORRECTNESS, ACCURACY, OR RELIABILITY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE, OUR SUBSIDIARIES, AFFILIATES, AND LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (I) YOUR ACCESS TO OR USE OF THE WEBSITE WILL MEET YOUR REQUIREMENTS, (II) YOUR ACCESS TO OR USE OF THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (III) USAGE DATA PROVIDED THROUGH THE WEBITE WILL BE ACCURATE, (III) THE WEBSITE OR ANY CONTENT, SERVICES, OR FEATURES MADE AVAILABLE ON OR THROUGH THE WEBSITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (IV) THAT ANY DATA THAT YOU DISCLOSE WHEN YOU USE THE WEBSITE WILL BE SECURE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

B. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND AGREE THAT WE HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO OUR GROSS NEGLIGENCE.

C. WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSSES YOU INCUR AS THE RESULT OF YOUR USE OF THE WEBSITE, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES, OR CLAIMS ARISING FROM: (A) USER ERROR, SUCH AS FORGOTTEN PASSWORDS OR OTHER TRANSACTIONS; (B) SERVER FAILURE OR DATA LOSS; (C) CORRUPTED WALLET FILES; (D) UNAUTHORIZED ACCESS OR ACTIVITIES BY THIRD PARTIES, INCLUDING BUT NOT LIMITED TO THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK AGAINST THE WEBSITE OR AN ELECTRONIC WALLET.

6. Limitation of Liability

A. YOU UNDERSTAND AND AGREE THAT WE, OUR SUBSIDIARIES, AFFILIATES, AND LICENSORS WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES WHICH YOU MAY INCUR, HOWSOEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF PROFITS (WHETHER INCURRED DIRECTLY OR INDIRECTLY), LOSS OF GOODWILL OR BUSINESS REPUTATION, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR ANY OTHER INTANGIBLE LOSS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

B. YOU AGREE THAT OUR TOTAL, AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR ACCESS TO OR USE OF (OR YOUR INABILITY TO ACCESS OR USE) ANY PORTION OF THE WEBSITE, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU FOR ACCESS TO THE WEBSITE. IF NO AMOUNTS WERE PAID, YOUR SOLE REMEDY UNDER THESE TERMS OF USE SHALL BE TO DISCONTINUE ANY USE OF THE WEBSITE.

C. YOU ACKNOWLEDGE AND AGREE THAT WE HAVE MADE THE WEBSITE AVAILABLE TO YOU AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN, WHICH REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN THE PARTIES AND FROM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN US. WE WOULD NOT BE ABLE TO PROVIDE ACCESS TO THE WEBSITE TO YOU WITHOUT THESE LIMITATIONS.

D. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND SOME JURISDICTIONS ALSO LIMIT DISCLAIMERS OR LIMITATIONS OF LIABILITY FOR PERSONAL INJURY FROM CONSUMER PRODUCTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO PERSONAL INJURY CLAIMS.

7. Assumption of Risk

You accept and acknowledge each of the following:

A. You are solely responsible for determining what if any, taxes apply to your asset-related transactions. Stack is not responsible for determining the taxes that apply to your transactions on the website.

B. There are risks associated with using a digital asset, including, but not limited to, the risk of hardware, software and Internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to information stored within your wallet. You accept and acknowledge that Stack will not be responsible for any communication failures, disruptions, errors, distortions, or delays you may experience, however, caused.

C. The regulatory regime governing blockchain technologies, cryptocurrencies, and tokens is uncertain, and new regulations or policies may materially adversely affect the development of the cryptocurrency ecosystem, and therefore the potential utility or value of digital assets.

8. Indemnification

You agree to indemnify, defend and hold harmless the Stack Partners from and against any actual or alleged claims, demands, causes of action, judgments, damages, losses, liabilities, and all costs and expenses of defense (including, without limitation, reasonable attorneys’ and other legal fees and costs) arising out of or relating to: (A) your violation of these Terms of Use or any law, rule or regulation; (B) your use of the Website or any Content; (C) loss of any data or account information; and (D) any material sent by you to Stack. You will cooperate as fully and reasonably as required by Stack in the defense of any claim. Stack reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not, in any event, settle any claim without the prior written consent of Stack.

9. Export Control and Eligibility

The supply of goods, services, and software through the Website is subject to United States export control and economic sanctions requirements. By acquiring any such items through the Website, you represent and warrant that your acquisition comports with and your use of the item will comport with those requirements. Without limiting the foregoing, you may not acquire goods, services, or software through the Website if: (1) you are in, under the control of, or a national or resident of Cuba, Iran, North Korea, Sudan, or Syria or if you are on the U.S. Treasury Department’s Specially Designated Nationals List or the U.S. Commerce Department’s Denied Persons List, Unverified List or Entity List or (2) you intend to supply the acquired goods, services or software to Cuba, Iran, North Korea, Sudan or Syria (or a national or resident of one of these countries) or to a person on the Specially Designated Nationals List, Denied Persons List, Unverified List, or Entity List.

You further represent and warrant that you: (a) are over the age of eighteen and of legal age to form a binding contract; (b) have not previously been suspended or removed from using our Services; (c) have full power and authority to enter into this agreement and in doing so will not violate any other agreement to which you are a party;

10. External Sites

The website may include hyperlinks to other websites or resources (collectively, “External Sites”), which are provided solely as a convenience to our users. We have no control over any External Sites. You acknowledge and agree that we are not responsible for the availability of any External Sites, and that we do not endorse any advertising, products or other materials on or made available from any External Sites. Furthermore, you acknowledge and agree that we are not liable for any loss or damage which may be incurred as a result of the availability or unavailability of the External Sites, or as a result of any reliance placed by you upon the completeness, accuracy, or existence of any advertising, products or other materials on, or made available from, any External Sites.

11. Changes to the Website

We may revise and update these Terms of Use from time to time at our sole discretion. When we make changes, we will make the updated Terms available on the website and update the “Last Updated” date at the beginning of these Terms accordingly, which apply to all access to and use of the Website thereafter. Please check these Terms periodically for changes. Any changes to the Terms will apply on the date that they are made, and your continued access to or use of the website after the Terms have been updated will constitute your binding acceptance of the updates. If you do not agree to any revised Terms, you may not access or use the website.

12. Privacy Policy

Our Privacy Policy describes the ways we collect, use, store, and disclose your personal information, and is hereby incorporated by this reference into these Terms. You agree to the collection, use, storage, and disclosure of your data in accordance with our Privacy Policy.

13. Dispute Resolution

These Terms of Use shall be exclusively governed by and construed in accordance with the laws of the State of Illinois, excluding conflicts of law rules. Any dispute arising from these Terms of Use or the Website shall be resolved in the state or federal courts residing in Chicago, Illinois and you irrevocably agree to the jurisdiction of such courts. Stack makes no representation that Content contained on the Website is appropriate or available for use in jurisdictions outside the United States, or that the Terms of Use comply with the laws of any other country. If any provision of these Terms of Use is deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

14. Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

15. Content Standards

These content standards apply to any and all contributions and use by you to the website. Your use and contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, You must not:

16. Not an Investment Company

The Company has not been registered as an “investment company” under the Investment Company Act of 1940, as amended, or under equivalent laws of any other jurisdiction.

18. Refunds

Due to the irrevocable nature of the blockchain, and our lack of control over user assets, we are unable to offer refunds on any purchases.

19. General

These Terms constitute the entire legal agreement between you and Stack, govern your access to and use of the website, and completely replace any prior or contemporaneous agreements between the parties related to your access to or use of the website, whether oral or written. There are no third-party beneficiaries to these Terms. The parties are independent contractors, and nothing in these Terms creates any agency, partnership, or joint venture. The language in these Terms will be interpreted as to its fair meaning, and not strictly for or against any party. You may not assign any of your rights or obligations under these Terms, whether by operation of law or otherwise, without our prior written consent. We may assign our rights and obligations under these Terms in our sole discretion to an affiliate, or in connection with an acquisition, sale, or merger. Should any part of these Terms be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions will remain in full force and effect. Our failure to enforce any provision of these Terms will not be deemed a waiver of such provision, nor of the right to enforce such provision. These Terms will be governed by and construed in accordance with the laws of the State of Illinois, and the federal laws of the United States of America applicable therein, excluding its conflicts of law rules and principles. We will not be liable for any failure or delay performance of our obligations that result from any condition beyond our reasonable control, including, but not limited to, governmental action, acts of terrorism, earthquake, fire, flood, acts of God, labor conditions, power failures, Internet disturbances, or acts or omissions of third parties. You agree that we may provide you with notices (including, without limitation those regarding changes to these Terms) by email, regular mail, or postings on the website. By providing us with your email address, you consent to our using the email address to send you any notices required by law in lieu of communication by postal mail.

20. Communication

Stack, also known as 'Kalbas Inc` offers SMS communication services to provide you with important updates and information about your account and our services. Message frequency may vary depending on your account activity. Message and data rates may apply. To stop receiving messages, reply STOP. For help, text HELP to [844-777-7282]. Carriers are not liable for any delays or undelivered messages.

Active 10DLC Campaigns:

Account Alerts: Receive notifications about account balance updates and transactions. Customer Support: Connect with our support team for assistance with your inquiries.

Message Frequency Expectation: The frequency of messages you will receive may vary based on your account activity. You may receive account alerts as needed, promotional messages occasionally, and customer support responses as per your requests.

Pricing Disclosure: Message and data rates may apply depending on your mobile carrier's plan and your individual messaging plan. Check with your carrier for details regarding any associated costs.

Description of the Stop and Help Mechanisms: To stop receiving messages from Stack, reply STOP to any message you receive from us. For assistance, text HELP to 844-777-7282, and our support team will provide you with the help you need.

Carrier Disclaimer: Carriers are not liable for any delays or undelivered messages. Please note that message delivery may be subject to your carrier's network and other factors beyond our control.

21. Connecticut Bitcoin ATM Terms

WARNING: LOSSES DUE TO FRAUDULENT OR ACCIDENTAL TRANSACTIONS MAY NOT BE RECOVERABLE AND TRANSACTIONS IN VIRTUAL CURRENCY ARE IRREVERSIBLE

TRANSACTIONS RATES ARE SUBJECT TO CHANGE AT ANY GIVEN TIME BASED ON DEMAND AND MARKET EXCHANGE Virtual currency is not backed or insured by the government and accounts and value balances are not subject to Federal Deposit Insurance Corporation, National Credit Union Administration or Securities Investor Protection Corporation protections. Some virtual currency transactions shall be deemed to be made when recorded on a public ledger, which may not be the date or time when the customer initiates the virtual currency transaction The value of the virtual currency may be derived from the continued willingness of market participants to exchange fiat currency for virtual currency, which may result in the permanent and total loss of the value of a particular virtual currency, if the market for that virtual currency disappears. There is no assurance that a person who accepts a virtual currency as payment today will continue to do so in the future. The volatility and unpredictability of the price of virtual currency relative to fiat currency may result in a significant loss over a short period of time The nature of virtual currency may lead to an increased risk of fraud or cyber attack The nature of virtual currency means that any technological difficulties experienced by the owner or operator may prevent access to or use of a customer's virtual currency; and any bond maintained by the owner or operator for the benefit of the customers of such owner or operator may not be sufficient to cover all losses incurred by such customers Customer Liability: Safeguard wallet details. Promptly report any unauthorized transactions to our support team. Liability determination follows legal guidelines. For assistance, reach out to us at [email protected]. Due to the irrevocability of cryptocurrency transactions, Stack identifies all "New Customer" transactions and may hold the transaction in a pending state for up 72 hours for consumer protection purposes. If a customer would like to stop a transaction please email [email protected] and include your phone number, dollar amount of transaction, date/time transaction took place. Please review our customer information disclosure policy at https://stackatm.com/privacy-policy. Receipts are sent via text message or provided through the Stack app. These rules and policies are subject to change via regulatory requirements or Stack policy to ensure a better customer experience. The maximum daily purchase limit with cash at a virtual currency kiosk is $2,500. Stack currently changes a 15% markup at our ATM's and a 5% markup using our Stack app.