Terms of Service

Date of last revision: April 2022

PLEASE READ THESE TERMS OF SERVICE (“TERMS”) CAREFULLY BEFORE USING THE STIMULUS PLATFORM.

You are reading these Terms because you are using the Stimulus’ website and social media platform, www.stimulus.com, or related applications (the “Platform”). Stimulus M, LLC (“Stimulus”), 336 Forest Avenue, Amsterdam, New York 12010, operates the Platform (to the extent not operated by others) and is responsible for your purchases of services, marketing and your participation in certain events, sweepstakes, giveaways, and contests, and for all other processing in the context of the Platform. You may access the Platform (and related applications) through a computer, mobile phone, tablet, console, or other technology, which we refer to here as a “Device”. Your carrier's normal rates and fees apply to your Device.

Stimulus offers the Platform (and related applications), including all information, tools and services available from therein to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. By interacting with the Platform (or related applications) and/or purchasing something from us, you agree to be bound by these Terms, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the Platform (or related applications), including without limitation users who are browsers, regular users, contributors of content or administrators. By accessing or using any part of the Platform (or related applications), you agree to be bound by these Terms. If you do not agree to all the terms and conditions of these Terms, then you may not access the Platform (or related applications) or use any of the tools or services offered by Stimulus via the Platform (or related applications). If these Terms are considered an offer, acceptance is expressly limited to these Terms. Any new features or tools which are added to the current Platform shall also be subject to the Terms.

These Terms create a legally binding agreement between you and Stimulus and its affiliates (which we may refer to as “Stimulus,” “we,” “us,” or “our”) regarding your use of the Platform (and related applications). By making any purchase from us, or by interacting with the Platform (and related applications), you also agree to our Privacy Policy, which is expressly incorporated as part of these Terms. Our Privacy Policy describes the collection and use of personal information on the Platform and applies to your use of the Platform.

OUR TERMS MAY CHANGE

We may update these Terms from time to time. If a material change is made, we will provide a notice on the Platform or send you a notification. Read through any changes, and if you do not agree to them, please stop using the Platform (and related applications). If you continue to interact with the Platform (and related applications) after we notify you of changes, you will be deemed to have accepted the updated Terms, except to the extent prohibited by applicable law. Some jurisdictions do not permit unilateral updates or changes to consumer terms, so this paragraph may not apply to you. As such, you may wish to keep a copy of the Terms to which you agree.

1. ELIGIBILITY

You are only eligible to use the Platform (and related applications) if you are of legal age or majority in your country or region, or if you have consent and supervision from your parent or guardian. By using the Platform, you confirm that you possess the legal authority to enter into these Terms, including instructing us and/or our vendors to collect any payments from a credit or debit card, and to use the Platform in accordance with these Terms. You confirm that all information supplied by you in using the Platform (or related applications) is true and accurate. You may not use our services, the Website or the Platform (or related applications) for any illegal or unauthorized purpose nor may you violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms, viruses, malware, ransomware, or any malicious code of a destructive or damaging nature. A breach or violation of any of the Terms may result in an immediate termination of all our services to you.

NOTICE PURSUANT TO THE CHILDREN'S ONLINE PRIVACY PROTECTION ACT OF 1998

The Platform is not directed to individuals under the age of 13, nor does it contain information which would be potentially harmful to minors in any way. However, we advise all visitors to the Platform under the age of 13 not to disclose or provide any Personally Identifiable Information. In the event that Stimulus discovers that a child under the age of 13 has provided Personally Identifiable Information to us, we will delete the child's Personally Identifiable Information in accordance with the Children's Online Privacy Protection Act of 1998.

Notwithstanding the foregoing, pursuant to 47 U.S.C. Section 230 (d), as amended, we hereby notify you that parental control protections are commercially available to assist you in limiting access to material that is harmful to minors. More information on the availability of such software can be found through publicly available sources. You may wish to contact your Internet Service Provider for more information.

2. LICENSE TO USE THE PLATFORM

Stimulus hereby grants you a limited, non-assignable, non-sublicensable, non-transferable, non-exclusive license to access, use and integrate with the Platform (or related applications) subject to and in accordance with these Terms. Any violation of the terms of these Terms is grounds for immediate termination of this limited license and may result in legal action by Stimulus. Stimulus reserves all rights, title, and interest (including the right to enforce any such rights) not expressly granted by these Terms. Our Services on the Platform are made out of the following aspects:

  • Connecting with other users: verified and contributor-level users have an ability to communicate with other users of the Platform through public posts (referred to herein as “stims”), comments, and the like. Additional features are available for verified and contributor-level users.
  • Uploading content to be shared with other users: verified users of the Platform also have an ability to upload their content (subject to the User Content restrictions set forth below) to be shared with other users. Verified and contributor-level users may also repost or share (referred to herein as “restims”) other user's stims on the platform (subject to the User Content restrictions).
  • Creating “Stims” giveaways: contributor-level users are able to create random-draw giveaways with cash prizes using a pre-built stim feature on the Platform, to be run solely on the Platform. Restrictions relating to the cash prize giveaways may apply. Stimulus takes on official rules, winner affidavits and releases, winner selection, notification and verification, and prize fulfillment.

3. LEVELS OF USER PRIVILEGES

We distinguish between the following levels of user privileges:

  • Unverified user: Unverified users of the Platform can browse but are unable to stim (post), like, restim (share/repost) or otherwise engage with other users. Unverified users are users that have elected not to verify their identities, for example, by choice or because identity verification is not possible in their country. Presently, the Platform can only verify identities/users residing in the United States.
  • Verified users: Verified users have verified their identity on the Platform. Upon verification, these users gain the ability to stim, like, and restim content on the Platform. Verified users are unable to attach giveaways to their stims until they become Contributors.
  • Contributor: Contributors have all the privileges of a verified user and additionally can attach giveaways to their stims. In order to become a contributor, a user needs to follow the application process on Stimulus’s website.

4. RULES OF CONDUCT

You agree to comply with all applicable laws, rules and regulations in accessing and/or using the Platform (or related applications). In addition, your use of the Platform (or related applications) is conditioned on your compliance with the following rules of conduct. You agree not to use the Platform (or related applications) for any unlawful or fraudulent purpose, including providing inaccurate information, impersonating any person or entity, including, but not limited to, any Stimulus’s employee, agent, or representative; or expressing or implying that Stimulus endorses any statement you make. You agree not to use the Platform (or related applications) to or to incite a riot, violence, or any other illegal activity.

You also may not modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Platform (or related applications). Further, you may not interfere with or disrupt the operation of the Platform (or related applications), including restricting or inhibiting any other person from using the Platform (or related applications) by means of hacking, or defacing any portion of the Platform (or related applications). Further, transmitting or otherwise making available in connection with the Platform (or related applications) any virus, worm, Trojan horse, rootkit or other harmful code is prohibited.

Moreover, you may not interfere with or violate any other Platform/application visitor's or user's right to privacy or other rights, or harvest or collect personally identifiable information about Platform/application visitors or users, or about Stimulus’s employees and representatives identified on the Platform (or related applications) without their express consent. You are also prescribed from selling, reselling, transferring, licensing or exploiting for any commercial purposes any use of or access (including sharing of passwords and login information) to the Platform (or related applications). Finally, you may not frame, mirror, in-line link to, or make other similar use of, all or any part of the Platform or the Platform’s content (or related applications), including Stimulus’s or any other party’s intellectual property therein, without our prior express written authorization.

Certain portions of the Platform (and related applications) may be protected by passwords or require a login. If you created or have been given a password for access to non-public areas of the Platform (and related applications), you are solely responsible for all activities occurring in connection with or originating from such password. You should take steps to protect the confidentiality of such password and notify Stimulus immediately if you become aware of any disclosure, loss, theft or unauthorized use.

5. OWNERSHIP OF CONTENT

Except for User Content (defined below), all of the content on the Platform - including text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features, animations, artworks and other content ("Content") - is owned by Stimulus or others we license Content from, and is protected by copyright, trademark, patent and other laws. Stimulus reserves all rights not expressly described in these Terms.

All trademarks, service marks and trade names are owned, registered and/or licensed by Stimulus. You do not acquire a license or any ownership rights to any trademarks, service marks, or trade names through your access or use of the Platform or Content. You agree not to change or delete any ownership notices from materials downloaded or printed from the Platform.

To the extent Stimulus approves the download or use of Content comprised of copyrights or copyrightable works, Stimulus grants you a limited, personal, non-transferable, non-sublicensable, and revocable license to access and use such copyrights or copyrightable works solely for their intended purpose and solely for as long as Stimulus makes such Content generally available to the public. You do not acquire any ownership rights in the Content (including any trademarks or other intellectual property included in the Content), and all such Content is intended for personal, non-commercial use. Stimulus reserves the right to monitor your use and to alter or revoke this license or your access to the Content at any time and for any reason. Any content you create using Stimulus’s Content, name, and/or logos or trademarks shall become our property unless agreed to otherwise by Stimulus in writing. Stimulus reserves the right to take down any Content in violation of these terms or Stimulus’s intellectual property rights. Stimulus’s allowing you this limited use does not constitute a waiver of any of Stimulus’s rights to the Content.

Outside of the specific usage rights granted to you by Stimulus in connection with the Platform, you agree not to use, copy, edit, translate, display, distribute, download, transmit, sell, create derivative works of, or in any way exploit any Content, including User Content (unless it is your own User Content that you legally stim/restim on the Platform), without Stimulus’s prior written consent. Unauthorized use of the Content may constitute a breach of copyright, trademark or other intellectual property laws and may subject you to criminal or civil charges and penalties.

6. USER CONTENT

Some parts of the Platform allow you to stim/restim photos, videos, comments, and other content, which we refer to as “User Content.” Stimulus is not responsible for User Content others stim/restim to the Platform. User Content is owned by you or whoever created it, but when you stim/restim User Content you license it to Stimulus as described below:

  • You represent that you have the right to stim/restim your User Content, and you grant Stimulus a non-exclusive, perpetual, transferable, sub-licensable, royalty-free, worldwide license to use any of the User Content that you stim/restim on or in connection with the Platform, including the likeness of any person that appears in the User Content, or any of the concepts or ideas contained in the User Content, for any purpose, including commercial use, which includes the right to translate, display, reproduce, modify, create derivative works, sublicense, distribute and assign these rights. Stimulus may, in its sole discretion, remove any User Content at any time.
  • You expressly agree and represent that: (a) your User Content does not contain confidential or proprietary information; (b) Stimulus is not under any obligation of confidentiality relating to the User Content, either express or implied; and (c) you are not entitled to any compensation or reimbursement of any kind from Stimulus in exchange for the User Content.
  • You understand that deleted User Content may persist in Stimulus’s systems and on the Platform to the extent your User Content has been publicly posted as a stim or restim with others who have not deleted it, unless you or the relevant individual request deletion or blocking of personal data in accordance with applicable law.
  • You understand that deleted User Content may persist in Stimulus’s systems and on the Platform to the extent your User Content has been publicly posted as a stim or restim with others who have not deleted it, unless you or the relevant individual request deletion or blocking of personal data in accordance with applicable law.
  • You understand that any comments, feedback, or ideas you send us are provided on a non-confidential basis and you grant to Stimulus a perpetual, worldwide license to use all comments, feedback and ideas you may share with us, without notice, compensation or acknowledgement to you, for any purposes whatsoever, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving products and services.

7. COPYRIGHT INFRINGEMENT; DMCA NOTICE AND TAKEDOWN

Please consult with your attorney before filing a notice with us because there may be penalties for false claims. Stimulus may terminate the accounts of Platform users found to infringe third-party copyrights.

If you believe that your work has been improperly copied to the Platform, such that it constitutes infringement, please provide us with the following information:

  1. name, address, telephone number, email address and an electronic or physical signature of the copyright owner or of the person authorized to act on his/her behalf;
  2. a description of the copyrighted work that you claim has been infringed;
  3. a description of where on the Platform the content that you claim is infringing is located;
  4. a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  5. a statement by you, made under penalty of perjury (depending on applicable law), that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Send copyright infringement complaints to: help@stimulus.com

8. THIRD-PARTY CONTENT AND ACTIVITIES

From time to time, Stimulus may link to or partner with third-party websites, platforms, mobile apps, and other products and services (“Third Parties”). You may be able to connect with these Third Parties through the Platform (and related applications), but this does not mean Stimulus endorses, monitors or has any control over these Third Parties or their content or activities, which are subject to separate terms of use and privacy policies. You should carefully review any Third Party’s sites’, terms of use and privacy policy. STIMULUS is not responsible for the content, policies, or activities of Third Parties and you interact with Third Parties at your own risk.

9. USER INTERACTIONS

To the extent allowed by applicable law, we are not responsible for your interactions with other users of the Platform (and related applications) or any damage or harm you may experience because of these interactions. You acknowledge and agree that you must be responsible and take precautions when interacting with other users (including users you do not know) on the Platform (including related applications), and you must comply with the acceptable use and conduct guidelines of the respective platforms. Stimulus is under no obligation to become involved with any user dispute, but may do so at its own discretion.

10. WARRANTY DISCLAIMER

THE PLATFORM (AND RELATED APPLICATIONS), CONTENT, AND THE MATERIALS AND PRODUCTS MADE AVAILABLE THEREIN ARE PROVIDED “AS IS,” WITH ALL FAULTS, AND ANY THIRD-PARTY WARRANTIES, SERVICES, MAINTENANCE AND SUPPORT ARE PROVIDED BY THE ORIGINAL MANUFACTURER OR SUPPLIER, NOT BY STIMULUS. STIMULUS DOES NOT GUARANTEE THAT THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE PLATFORM (OR RELATED APPLICATIONS) ARE FREE OF VIRUSES OR ANYTHING ELSE HARMFUL.

TO THE FULLEST EXTENT PERMITTED BY LAW, STIMULUS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE PLATFORM (AND RELATED APPLICATIONS), CONTENT, SUBMISSIONS AND ANY PRODUCTS OR SERVICES YOU MAY OBTAIN OR ACCESS THROUGH THE PLATFORM, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

TO THE FULLEST EXTENT PERMITTED BY LAW, STIMULUS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE PLATFORM (AND RELATED APPLICATIONS), CONTENT, SUBMISSIONS AND ANY PRODUCTS OR SERVICES YOU MAY OBTAIN OR ACCESS THROUGH THE PLATFORM, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

STIMULUS PERIODICALLY ADDS, CHANGES, IMPROVES, OR UPDATES THE INFORMATION ON THE PLATFORM (AND RELATED APPLICATIONS) WITHOUT NOTICE. STIMULUS ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE PLATFORM (AND RELATED APPLICATIONS), INCLUDING BUT NOT LIMITED TO, TYPOGRAPHICAL ERRORS. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, STIMULUS IS NOT RESPONSIBLE OR LIABLE FOR ANY USER CONTENT POSTED (STIM OR RESTIM) ON THE PLATFORM. ALSO, NOTHING CONTAINED ON THE PLATFORM SHALL BE INTERPRETED AS ADVISING YOU.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH CASE, THE EXCLUSIONS AND LIMITATIONS WILL APPLY TO THE MAXIMUM IT CAN UNDER THE LAW.

You are solely responsible for any damage to your Device resulting from accessing the Platform (and related applications), to the extent applicable law does not provide otherwise. We hope you enjoy and get the full benefit of the Platform (and related applications); however, we do not guarantee any results.

11. TERMINATION

Stimulus may terminate or modify the Platform (or related applications), product or service at any time without notice. Stimulus may delete any of the User Content, and restrict your use of all or any part of the Platform (or related applications) at any time and for any reason, without any liability to Stimulus, subject to applicable law.

You understand and agree that some of your User Content, particularly that which is displayed in an activity feed or in other public places on the Platform, may continue to appear publicly even after your account is terminated, subject to your right to have your User Content and personal information removed upon request in accordance with applicable law.

These Terms remain in effect even after your account is terminated or you have stopped using the Platform (or related applications).

12. INDEMNIFICATION / LIMITATION OF LIABILITY

We want you to enjoy the Platform (or related application), but Stimulus must also protect itself from any damages you may cause.

INDEMNIFICATION AND RELEASE

Some jurisdictions do not permit certain limitations or exclusions on liabilities, legal warranties and remedies, so these exclusions or limitations may not apply to you. You agree to indemnify, defend, and hold harmless Stimulus, its affiliates, officers, directors, employees, agents, licensors and suppliers (the “Stimulus Parties”) from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, attorneys' fees, arising from or relating in any way to your User Content, your use of Content, your use of the Platform (or related application), your conduct in connection with the Platform (or related application) or with other users, or any violation of these Terms, any law or the rights of any third party. You, for yourself and on behalf of your heirs, estate, insurers, successors and assigns, hereby fully and forever release and discharge the Stimulus Parties from any and all claims or causes of action you may have for damages relating in any way to your use of the Platform, and covenant not to sue the Stimulus Parties.

LIMITATION OF LIABILITY

Some jurisdictions do not permit certain limitations or exclusions on liabilities, legal warranties and remedies, so these exclusions or limitations may not apply to you. NONE OF THE STIMULUS PARTIES WILL BE LIABLE FOR ANY PUNITIVE, EXEMPLARY, DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION FOR ANY LOST PROFITS OR LOST DATA, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE PLATFORM (OR RELATED APPLICATIONS), OR THE PERFORMANCE OF THE PRODUCTS PURCHASED THROUGH THE WEBSITE OR THE CONDUCT OF OTHER USERS OF THE PLATFORM (WHETHER ONLINE OR OFFLINE), OR ANY USER CONTENT OR ANY OTHER ACTIVITY IN CONNECTION WITH THE USE OF THE PLATFORM (OR RELATED APPLICATIONS), EVEN IF STIMULUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL YOU BE ENTITLED TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, INCLUDING ATTORNEYS’ FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THESE TERMS OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE PLATFORM. YOUR ONLY REMEDY AGAINST STIMULUS PARTIES IN CONNECTION WITH ANY DAMAGES ARISING FROM YOUR USE OF THE PLATFORM (OR RELATED APPLICATIONS), OR ANY CONTENT/USER CONTENT IS TO STOP USING THE PLATFORM (OR RELATED APPLICATIONS). IF ANY STIMULUS PARTY IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THE PLATFORM (OR RELATED APPLICATIONS), OR ANY CONTENT, SUCH STIMULUS PARTY’S LIABILITY SHALL NOT EXCEED US$100.00. ANY CLAIMS MADE AGAINST STIMULUS MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF ACCRUAL.

13. ENFORCEMENT OF THE AGREEMENT

Stimulus may investigate any reported, alleged or suspected violation of these Terms, and take any action that Stimulus, in its sole discretion, deems appropriate. Such action may include issuing warnings, suspension of a user’s access to the Platform (or related applications) or complete termination of such access, at any time. Additionally, Stimulus reserves the right to bring suit for any violation of this Agreement.

14. CHOICE OF LAW; JURISDICTION; DISPUTES

ALL CLAIMS AND CONTROVERSIES SHALL BE RESOLVED MANDATORY BINDING ARBITRATION UNLESS OTHERWISE REQUIRED BY LAW. THESE TERMS, THE PLATFORM AND PRIVACY POLICY ARE GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF NEW YORK, WITHOUT REGARD TO CHOICE OF LAW PROVISIONS, AND NOT BY THE 1980 U.N. CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS. THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN MONTGOMERY COUNTY, NEW YORK, OR THE NORTHERN DISTRICT OF NEW YORK’S FEDERAL COURT. IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY AMERICAN ARBITRATION ASSOCIATION IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF (“AAA RULES”). THE AAA RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN NEW YORK. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN MONTGOMERY COUNTY, NEW YORK.

YOU AGREE THAT ANY AND ALL RIGHTS AND OBLIGATIONS OF ANY PARTY SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. ANY DEMAND FOR ARBITRATION MUST BE FILED WITHIN ONE (1) YEAR FROM ACCRUAL OF THE CAUSE OF ACTION, OR THE CAUSE OF ACTION SHALL BE FOREVER BARRED.

15. ELECTRONIC COMMUNICATIONS

By using the Platform, you agree to receive certain electronic communications from Stimulus, subject to applicable law. You agree that any notice, agreement, disclosure or other communication that Stimulus sends you electronically will satisfy any legal communication requirements, including that such communications be in writing.

16. RIGHT TO ASSIGN; NO WAIVERS; SEVERABILITY; ENTIRE AGREEMENT

Stimulus may assign its rights and duties under these Terms to any party at any time without notice to you, unless notice to you is required by applicable law, but this will not affect your rights or our obligations under these Terms.

Stimulus’s failure to insist upon or enforce strict performance of these Terms is not a waiver of any of these Terms or Stimulus’s rights. Users should always assume these Terms apply. If any provision in these Terms is held invalid or unenforceable, the remainder of these Terms shall continue to be enforceable.

These Terms (inclusive of the hyperlinked documents which are incorporated herein) constitute the entire agreement between Stimulus and you in relation to your use of the Platform (or related applications), and supersede all prior agreements and understandings.