Last Updated: January 1, 2026
Welcome to The Viking Stack. This platform is operated by Tovsen Development & Technology Solutions LLC ("TDTS," "we," "us," or "our"). By accessing or using The Viking Stack platform, website, software, mobile applications, SMS services, and related services (collectively, the "Service"), you acknowledge that you have read, understood, and agree to be bound by this Terms of Service Agreement (the "Agreement") and to the collection and use of your information as set forth in our Privacy Policy.
PLEASE READ THIS AGREEMENT CAREFULLY. This Agreement contains important provisions including an arbitration agreement that requires disputes to be resolved on an individual basis rather than through jury trials or class actions. By using the Service, you agree to these terms.
We may update this Agreement from time to time. Your continued use of the Service after changes are posted constitutes acceptance of the updated terms. If you do not agree to these terms, do not use the Service.
You may use the Service only if you can form a binding contract with TDTS and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules, and regulations.
Age Requirement: You must be at least 18 years old to use the Service. If you are using the Service on behalf of a company or organization, you represent that you have the authority to bind that entity to this Agreement.
Account Information: You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate and current. You are responsible for maintaining the confidentiality of your account credentials.
TDTS reserves the right to suspend, terminate, close, or delete your account at any time, for any reason or no reason, with or without notice. Reasons for termination may include, but are not limited to: violation of this Agreement, fraudulent activity, abuse of the platform, non-payment, or at our sole discretion.
No Refund Policy: All fees paid for the Service are non-refundable. If your account is terminated or suspended for any reason, including termination by TDTS, you will not be entitled to any refund of fees already paid. This no-refund policy applies to all subscription plans, one-time purchases, and additional services.
Data Deletion Requests: You may request deletion of your account data by contacting us at [email protected]. Upon receiving a valid data deletion request, we will process the request within ninety (90) days. However, we may retain certain information as required by law, for legitimate business purposes (such as fraud prevention, accounting, or resolving disputes), or as specified in our Privacy Policy.
Effect of Termination: Upon termination of your account, your right to use the Service will immediately cease. We may, but are not obligated to, provide you with a limited period to export your data before permanent deletion.
TDTS is not responsible and shall not be held liable for any downtime, service interruptions, denial of service, system outages, or inaccessibility of the Service for any period of time, regardless of cause. We do not guarantee that the Service will be available 24/7 or that it will be uninterrupted, secure, or error-free.
Business Impact Disclaimer: You acknowledge and agree that TDTS shall not be liable for any impacts to your business, including but not limited to: lost revenue, lost profits, business interruption, loss of business opportunities, loss of data, or any indirect, incidental, special, consequential, or punitive damages arising from or related to service downtime or unavailability.
Maintenance and Updates: We may perform scheduled or emergency maintenance that may result in service interruptions. We will attempt to provide advance notice of scheduled maintenance when reasonably possible, but are not obligated to do so.
Third-Party Dependencies: The Service may rely on third-party services, APIs, or infrastructure. We are not responsible for failures, outages, or issues caused by third-party providers.
SMS Service Description: The Viking Stack may provide SMS (text messaging) functionality to allow you to communicate with your customers, leads, and contacts. By using our SMS features, you agree to comply with all applicable laws and regulations, including but not limited to the Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act, the Cellular Telecommunications Industry Association (CTIA) guidelines, and A2P 10DLC (Application-to-Person 10-Digit Long Code) requirements.
All SMS messaging sent through The Viking Stack platform must comply with A2P 10DLC registration and compliance standards established by wireless carriers and The Campaign Registry (TCR). You are responsible for:
Required Consent: You must obtain prior express written consent from recipients before sending them SMS messages. Consent must be clear, conspicuous, and include disclosure of the message frequency and that message and data rates may apply. You must provide a clear method for recipients to opt-out.
Opt-Out Compliance: You must honor all opt-out requests immediately. The Viking Stack platform provides automatic opt-out functionality via keywords such as "STOP," "UNSUBSCRIBE," "CANCEL," "END," and "QUIT." You may not send further messages to a recipient who has opted out, except for a one-time confirmation message acknowledging the opt-out request.
Prohibited SMS Content: You may not use our SMS services to send:
Carrier Filtering and Blocking: Wireless carriers may filter, block, or throttle SMS messages based on their own policies and compliance requirements. TDTS is not responsible for messages that are blocked, filtered, or undelivered due to carrier actions.
SMS Fees: SMS messaging fees are separate from platform subscription fees and are based on message volume and carrier fees. You are responsible for all SMS messaging costs incurred through your account.
Suspension for Non-Compliance: TDTS reserves the right to immediately suspend or terminate your SMS messaging privileges and/or your entire account if we determine, in our sole discretion, that you are not in compliance with SMS regulations, A2P 10DLC requirements, or this Agreement.
Email Service Description: The Viking Stack provides email marketing and communication tools. By using our email features, you agree to comply with all applicable laws and regulations, including but not limited to the CAN-SPAM Act, GDPR (if applicable), and other anti-spam legislation.
CAN-SPAM Compliance: All commercial emails sent through The Viking Stack must comply with CAN-SPAM Act requirements:
Every marketing email sent through The Viking Stack must include a clear, functional unsubscribe link. The Viking Stack platform automatically includes unsubscribe functionality in compliance with CAN-SPAM requirements. You must:
Consent and Permission: You represent and warrant that you have obtained proper consent from all recipients to send them email communications. You must maintain records of how and when consent was obtained.
Email Content Restrictions: You may not send emails containing illegal content, malware, phishing attempts, deceptive content, or content that violates third-party rights. TDTS reserves the right to review email content and suspend accounts that violate this policy.
Delivery and Deliverability: TDTS does not guarantee email delivery or deliverability rates. Factors affecting deliverability include recipient email server configurations, spam filters, sender reputation, and email content. You are responsible for maintaining good sending practices to protect your sender reputation.
You agree not to engage in any of the following prohibited activities:
Enforcement: TDTS may, without prior notice, suspend or terminate your access to the Service if we determine, in our sole discretion, that you have violated any provision of this Agreement.
TDTS Content: The Service, including all software, text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, and computer code (collectively, "TDTS Content"), is owned by TDTS and its licensors. TDTS Content is protected by copyright, trademark, patent, trade secret, and other intellectual property laws.
Your Data: You retain ownership of all data, content, and information you provide to the Service ("User Data"). By using the Service, you grant TDTS a royalty-free, worldwide, transferable, sublicensable license to use, store, display, reproduce, modify, and distribute your User Data solely for the purposes of providing and improving the Service.
Feedback: If you provide feedback, suggestions, or ideas about the Service, you grant TDTS a perpetual, irrevocable, royalty-free license to use and incorporate such feedback without compensation or attribution.
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
TDTS DOES NOT WARRANT THAT:
You acknowledge that your use of the Service is at your own risk. You are solely responsible for any damage to your computer systems, loss of data, or other harm resulting from your use of the Service.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TDTS, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, REVENUE, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OR INABILITY TO USE THE SERVICE.
TDTS shall not be liable for:
IN NO EVENT SHALL TDTS'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE AMOUNT YOU PAID TO TDTS IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.
You agree to indemnify, defend, and hold harmless TDTS, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from:
Binding Arbitration: In the event of any dispute, claim, or controversy arising out of or relating to this Agreement or the Service (collectively, "Disputes"), both parties agree to resolve such Disputes through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, except as provided herein.
Arbitration Location: Arbitration shall take place in Minneapolis, Minnesota, or remotely via videoconference if mutually agreed.
Class Action Waiver: ALL DISPUTES MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. YOU AND TDTS AGREE TO WAIVE THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Exceptions: Either party may seek injunctive or equitable relief in court to protect intellectual property rights or confidential information.
Costs: Each party shall bear its own costs of arbitration, except that TDTS will pay the arbitration filing fee if you are the claiming party and the claim is not found to be frivolous.
This Agreement shall be governed by the laws of the State of Minnesota, without regard to its conflict of law principles. You agree to submit to the personal jurisdiction of the state and federal courts located in Hennepin County, Minnesota for any actions not subject to arbitration.
Entire Agreement: This Agreement, together with our Privacy Policy, constitutes the entire agreement between you and TDTS regarding the Service and supersedes all prior agreements.
Severability: If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
No Waiver: No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term.
Assignment: You may not assign or transfer this Agreement or your rights hereunder without our prior written consent. TDTS may assign this Agreement without restriction.
Notices: All notices to TDTS must be sent to: [email protected] or Tovsen Development & Technology Solutions LLC, Minneapolis, Minnesota. We may provide notices to you via email, through the Service, or by posting on our website.
Force Majeure: TDTS shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including acts of God, natural disasters, war, terrorism, pandemics, labor disputes, or governmental actions.
If you have questions about this Terms of Service Agreement, please contact us: