These Terms of Service (the "Terms") govern your use of needs-to-stay, a web service operated by Mark McCracken, trading as Cracksoft (cracksoft.dev) ("we", "us", "our"). The service is available at needs-to-stay.com (the "Service"). By creating an account, building a page, or making a payment, you agree to be bound by these Terms. If you do not agree, you must not use the Service.
You can contact us at any time at mark@cracksoft.dev.
needs-to-stay lets you create a polished, single-page, slide-deck-style website that makes the case for keeping a particular person in their role — for example, arguing why an employer should retain an employee or contractor (the "subject"). Each published page is hosted on its own subdomain of needs-to-stay.com (for example, andy.needs-to-stay.com). A page can be automatically branded using colours and a logo derived from a company website domain that you provide.
You can build a page and privately preview it for free. Payment is only required to make a page publicly accessible on the internet.
You must be at least 18 years old and able to enter into a legally binding contract to use the Service. By using the Service you confirm that you meet these requirements and that any information you give us is accurate.
We use passwordless, "magic-link" sign-in. To sign in, you provide your email address and we send a single-use link to that address. You are responsible for keeping access to your email account secure, and for all activity that takes place under your account. Tell us promptly at mark@cracksoft.dev if you believe your account has been accessed without your authorisation.
Your use of the Service is subject to our Acceptable Use Policy, which forms part of these Terms. In summary, you must not publish content that is false, misleading, defamatory, harassing, confidential, unlawfully obtained, infringing, impersonating, or otherwise unlawful, and you must have a lawful basis for publishing information about any person. Please read the full policy.
You are solely responsible for all text, images, quotes, testimonials, metrics, names, job titles and other material you enter into the Service (your "Content"), and for everything you publish.
A page about a person will usually contain personal data about third parties — for example the subject, colleagues, managers or referees whose names, roles, quotes or performance metrics you include. You must ensure that you have a lawful basis to use that information and, where it is required, the consent of the people named, quoted or described. You confirm that you have obtained all necessary permissions before publishing, and that your Content is accurate and not misleading.
You also confirm that publishing your Content does not breach any duty of confidence, employment contract, settlement agreement, non-disclosure agreement or other obligation you owe to any person.
You retain all ownership of your Content. By submitting Content, you grant us a worldwide, non-exclusive, royalty-free licence to host, store, reproduce, adapt for formatting, and publicly display that Content for the purpose of operating and providing the Service while your page is live or being prepared. This licence ends when your Content is removed, save to the extent we must retain copies to comply with law or as described in our Privacy Policy.
We own all rights in the Service itself, including its software, design and branding (excluding your Content and any third-party assets).
Where a page is auto-branded using a company's website colours or logo, those brand assets, trade marks and logos remain the property of their respective owners. We claim no ownership of, affiliation with, sponsorship by, or endorsement from any company whose branding appears on a page. You are responsible for ensuring you have the right to reference any company branding (see the Acceptable Use Policy).
Building and privately previewing a page is free. To publish a page so that it is publicly accessible, you make a one-time payment in pounds sterling (GBP):
Payments are processed by Stripe. We do not see or store your full card details. The payment buys a fixed, time-boxed publication window; it is not a subscription and does not renew automatically. At the end of the window your page automatically goes offline. You may pay again at any time to publish the page for a further window (an extension). Prices include any applicable taxes unless stated otherwise.
We aim to keep the Service available and reliable, but we provide it on an "as is" and "as available" basis. We do not warrant that the Service will be uninterrupted, error-free, secure, or that any published page will be accessible at all times. We may carry out maintenance, make changes, or experience outages. To the fullest extent permitted by law, we exclude all implied warranties, conditions and terms.
Nothing in these Terms limits or excludes our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot lawfully be limited or excluded.
Subject to that, we are not liable for any loss of profit, loss of business, loss of goodwill or reputation, loss of opportunity, or any indirect or consequential loss, whether arising in contract, tort (including negligence), breach of statutory duty or otherwise. Our total aggregate liability to you arising out of or in connection with the Service and these Terms is limited to the greater of (a) the total amount you paid us in the twelve (12) months before the event giving rise to the claim, and (b) £100.
We are not responsible for the consequences of any Content you publish, including any outcome of, or decision made in connection with, the case you present.
You agree to indemnify and hold us harmless from and against all claims, demands, losses, damages, costs and expenses (including reasonable legal fees) arising out of or in connection with your Content, your use of the Service, your breach of these Terms or the Acceptable Use Policy, or your infringement of any third party's rights — including claims that your Content is defamatory, infringes intellectual property rights, breaches confidence, or unlawfully processes another person's personal data.
We may, at our discretion and without prior notice, remove any Content, suspend or take a page offline, or suspend or terminate your account, if we reasonably believe that your Content or use of the Service breaches these Terms or the Acceptable Use Policy, is unlawful, or exposes us or any third party to liability, or if we are required to do so by law or by a valid request from a competent authority or rightsholder. Where we take such action because of a breach by you, you are not entitled to a refund of any unused portion of a publication window.
You may stop using the Service at any time and may delete your page or account. We may terminate or suspend your access in accordance with section 12. A page automatically goes offline at the end of its paid publication window; this is the normal expiry of the Service and is not a termination for breach. Sections that by their nature should survive termination (including sections 6, 7, 10, 11 and 16) will continue to apply.
We may update these Terms from time to time, for example to reflect changes to the Service or the law. The version in force is the one published here, with the "last updated" date shown above. Material changes will take effect when published; your continued use of the Service after that point means you accept the updated Terms.
Refunds are dealt with in our Refund Policy. Nothing in these Terms affects your statutory rights as a consumer under the laws of England and Wales.
These Terms and any dispute or claim arising out of or in connection with them are governed by the laws of England and Wales. The courts of England and Wales have non-exclusive jurisdiction, although if you are a consumer you may also be able to bring proceedings in the courts of the part of the UK in which you live.
Questions about these Terms can be sent to mark@cracksoft.dev.