Platform Services Agreement

Last updated: June 25, 2026

This Platform Services Agreement is the public form of Stack's Master Services Agreement. The same terms apply whether you accept online at signup or sign a Master Services Agreement with Stack for enterprise use.

Published at: https://www.fast-track.io/legal/services

1. PARTIES

a) Stack ehf., Laugavegur 178, 105 Reykjavík, Iceland, Reg. 641019-1270 ("Stack")

b) The business entity that accepts these Terms online, executes an Order, or signs a Master Services Agreement with Stack ("Customer")

Together, Stack and Customer are referred to as the "Parties" and each individually as a "Party."

Effective Date: the date Customer completes an Online Order (Section 3.2), executes an Enterprise Order (Section 3.3), or otherwise accepts these Terms, unless otherwise specified in the applicable Order.

2. DEFINITIONS

"Affiliate" means any entity that directly or indirectly controls, is controlled by, or is under common control with the subject entity.

"Add-On Functionality" means any add-on functionality and/or feature beyond the FastTrack Platform standard features set forth in the Services Specification.

"Claims" shall have the meaning assigned to it in Section 15.2.

"Confidential Information" shall have the meaning assigned to it in Section 12.1.

"Customer Data" means any data and information submitted by or processed for the Customer in relation to the Services.

"DPA" means the Data Processing Agreement attached as Exhibit A to these Terms and incorporated herein by reference, as may be updated in accordance with its terms.

"Documentation" means the documentation related to the Services supplied by Stack.

"Downtime" means the time in which the Services are not capable of being accessed or used by the Customer in accordance with the Services Specification, as monitored by Stack, subject to any exceptions set forth in Section 8.2.

"Effective Date" means the date set forth in Section 1 above, or for Online Orders, the date Customer completes signup and acceptance as described in Section 3.2.

"Force Majeure Event" shall have the meaning assigned to it in Section 17.

"Malicious Code" means code, files, agents, programs or similar that are intended to do harm, including viruses and trojan horses.

"Monthly Uptime Percentage" or "MUP" means the total number of minutes in a calendar month minus the number of minutes of Downtime suffered in a calendar month, divided by the total number of minutes in a calendar month.

"Order" means a binding agreement specifying Customer's subscription to the FastTrack Platform, including plan, Stores, Add-On Functionality, support tier, and fees. An Order may take the form of: (a) an Online Order; (b) an Enterprise Order; or (c) a subsequent order or adjustment placed via the Stack Portal or agreed in writing.

"Online Order" means an Order formed when Customer completes self-serve signup, selects a subscription plan, accepts these Terms and the DPA, and completes payment or billing setup with Stack.

"Enterprise Order" means an Order executed in writing (including digitally) between Customer and Stack or mediated through a Stack Partner, as identified on the Order.

"Billing Party" means Stack (for Online Orders and direct enterprise billing) or the applicable Stack Partner (for partner-mediated Enterprise Orders), as specified on the Order.

"Stack Portal" means Stack's online account and administration interface, including tenant dashboards at Customer subdomains (e.g. [tenant].fast-track.io).

"Statement of Work" or "SOW" means a written statement of professional or custom services under Exhibit B, executed for a specific project.

"Support Policy" means the support tiers, channels, and fair-use rules published by Stack at https://www.fast-track.io/legal/support, as updated from time to time and incorporated into the Services Specification.

"FastTrack Platform" means Stack's proprietary software solution offered to customers on a software-as-a-service basis.

"Stack Partner" means a reseller designated by Stack to sell FastTrack Platform subscriptions.

"Stack SLA" shall have the meaning assigned to it in Section 8.1.

"Services" means the relevant standard features of the FastTrack Platform, and any Add-On Functionality ordered and paid for by Customer under the applicable Order.

"Services Fees" means the fees payable for Customer's use of the Services pursuant to the Order, invoiced and collected by the Billing Party unless otherwise agreed in writing.

"Services Specification" means the description of the standard features, technical specifications, support (per the Support Policy), and uptime service levels (per the Stack SLA) of the FastTrack Platform applicable to Customer's Order, as published by Stack and made available to Customer via the Stack Portal or at https://www.fast-track.io/legal/support, or otherwise in writing, as updated by Stack from time to time in accordance with Section 18.3.

"Start Date" means the date(s) specified in the relevant Order, as of which the Services shall be made available to the Customer in each Store.

"Store" means any individual supermarket or other store in relation to which the Customer is authorized to use and access the Services.

"Subscription Term" means the agreed subscription term pursuant to the relevant Order, during which the Customer may access the Services, subject to payment of the Services Fees.

"Terms" means this Master Services Agreement (also published as the Platform Services Agreement at https://www.fast-track.io/legal/services), including the DPA (Exhibit A), SOW template (Exhibit B), and any exhibits incorporated herein.

"Third-Party Products" means hardware and software products, services and tools offered by third parties which might be used by the Customer in connection with the Services.

"User" means an individual who is authorized by Customer to use the Services and to whom the Customer has supplied a user ID and a password. Users may include, for example, employees of the Customer.

3. CONTRACT FORMATION

3.1 General. These Terms apply to all Customers using the FastTrack Platform, whether formed by online acceptance or by written or digital signature.

3.2 Online Orders (self-serve). Customer enters into these Terms and the DPA by: (a) creating an account; (b) selecting a subscription plan; (c) accepting these Terms, the DPA, and the Privacy Policy at https://www.fast-track.io/legal/privacy; and (d) completing payment or valid billing setup with Stack. The checkout summary and order confirmation constitute the Online Order. Stack may record acceptance metadata (timestamp, terms version, and technical identifiers) for audit purposes.

3.3 Enterprise Orders (direct). Customer enters into these Terms and the DPA by executing these Terms (including the DPA) with Stack digitally or in writing and accepting an Enterprise Order describing subscription scope and fees. The Effective Date is the date of execution unless otherwise specified on the Order.

3.4 Partner-mediated Enterprise Orders. Where an Enterprise Order identifies a Stack Partner as the Billing Party, the Partner is Customer's commercial counterparty for invoicing and collection of Services Fees. Stack remains the provider of the Services under these Terms. Service credits, support routing, and notices follow the Order (Partner or Stack as specified). Where the Order also names the Partner as the first-line support provider, the Partner provides first-line support to Customer and Stack provides second-line escalation support to the Partner; Stack remains responsible for providing the Services and meeting the Stack SLA.

3.5 Professional services. Custom development, implementation, migration, or other professional services are not included in the standard subscription unless expressly stated in the Order. Such work requires a signed Statement of Work under Exhibit B.

4. RIGHT TO USE THE SERVICES

4.1 Subject to the terms of these Terms, and Customer's payment in full of all applicable Services Fees, Customer is granted a limited, non-exclusive, and revocable license to access and use the Services and related Documentation within the Customer's business activities during the Subscription Term.

4.2 The license granted herein shall be non-sublicensable and non-transferrable, save that Customer may enable Users of any Affiliate to access and use the Services, provided that Customer will be fully liable for such Affiliate's and its Users' use of the FastTrack Platform and compliance with these Terms.

5. OBLIGATIONS OF STACK

Subject to Customer's payment in full of all applicable Services Fees and its continued compliance with these Terms, Stack will:

a) make the Services available to Customer pursuant to the relevant Order and these Terms;

b) host and maintain the FastTrack Platform and Customer Data; and

c) comply with all applicable laws and regulations in relation to its provision of the Services.

5.1 Further, Stack will procure that regular database backups are performed and maintained and use measures consistent with prevailing practices for the software-as-a-service industry to screen the Services for the purpose of avoiding the introduction of any Malicious Code into Customer Data or Customer's hardware or systems.

5.2 Notwithstanding what is set forth in Section 5.1 above, Stack reserves the right to amend the Services at any time and at the sole discretion of Stack, provided that the functionality offered via the Services is not materially decreased.

5.3 Support. Stack will provide support for the Services in accordance with the Support Policy and the support tier specified in Customer's Order.

5.4 Onboarding. If included in Customer's Order, Stack will provide onboarding assistance as described in the Order or Services Specification.

5.5 Professional services. Stack has no obligation to perform work outside subscription scope unless agreed in a Statement of Work under Exhibit B. Stack may redirect excessive or out-of-scope support requests to billable professional services as described in the Support Policy.

5.6 Stack may subcontract to third parties certain of its obligations under these Terms, provided that Stack remains responsible for the performance of subcontracted obligations. Where personal data is processed by a sub-processor, Stack will comply with the DPA.

6. CUSTOMER RESPONSIBILITIES, USAGE AND CONTENT OF THE SERVICES

The Customer will:

a) pay all applicable Services Fees;

b) use and procure that all Users use the Services only in accordance with these Terms and the relevant Order, the Documentation, any applicable laws and regulations, and any applicable terms of the hosting service provider;

c) be responsible for the control and verification of any Customer Data, e.g. prices, article numbers, names, codes, etc.;

d) procure that all Customer Data and Customer's collection and processing is in compliance with any applicable laws, including, as applicable, any Data Protection Laws (as defined in the DPA);

e) inform Stack when personal data is transferred to Stack, prior to such transfer. Such information shall describe the types of personal data, categories of data subjects, and the Customer's purposes for processing the personal data. Customer will undertake all applicable measures to ensure the safe and lawful processing of personal data, including entering into the DPA with Stack, as further described in Section 11 below;

f) prevent unauthorized access to or use of the FastTrack Platform and notify Stack promptly of any such unauthorized use;

g) not make the FastTrack Platform available to anyone other than the authorized Users and not lease, sublicense, rent, distribute the FastTrack Platform or use the FastTrack Platform to the benefit of others;

h) not permit direct or indirect access to or use of the FastTrack Platform in a way that circumvents a contractual usage limit set out in the applicable Order;

i) not use the FastTrack Platform to store or transmit Malicious Code;

j) not reverse engineer the FastTrack Platform or use the FastTrack Platform to access Stack's intellectual property (save as permitted under mandatory law); and

k) not use the FastTrack Platform for any illegal, harmful, offensive, immoral or unauthorized purposes or in a way that violates applicable laws or creates a material adverse effect on Stack, or take any action that imposes or may impose (in Stack's sole discretion) an unreasonable or disproportionate burden on Stack's and/or Stack's suppliers' technical infrastructure.

7. RESTRICTION OF ACCESS TO THE SERVICES

7.1 In the event the provision of the Services causes damages or risk of damages for Stack, Stack's subcontractors or customers of Stack, e.g. for regulatory or legal reasons or in the event of a virus attack or introduction of Malicious Code, Stack shall be free to (without any obligation for Stack or the Billing Party to compensate the Customer) disable Customer's subscription or otherwise restrict the Customer's access to the Services and/or to remove, disable access to, or modify any content or resource that violates these Terms. Stack will notify the Customer's contact person promptly of any such restrictions and shall only undertake the measures as justified by the circumstances in each case.

7.2 Stack reserves the right to stop providing the Services to Users that are using or have used the Services in ways that are not in accordance with these Terms and the relevant Order. If Stack exercises this right, Stack shall inform the Customer thereof.

8. SERVICE AVAILABILITY

8.1 Stack SLA. Subject to any limitations and exceptions set forth below in this Section, Stack will use reasonable efforts to achieve a Monthly Uptime Percentage of at least 99.5% per Store (the "Stack SLA"). If Stack does not meet the Stack SLA, Customer will be entitled to request credits from the Billing Party for that month's Services Fees applicable to the Store for which the Stack SLA was not achieved, as described below. Such credits shall be Customer's sole and exclusive remedy for any failure by Stack to meet the Stack SLA.

8.2 Downtime exclusions. Notwithstanding the foregoing, the following circumstances will not count as Downtime for the purpose of calculating the Monthly Uptime Percentage hereunder:

a) Services unavailability caused by scheduled (planned) maintenance of the FastTrack Platform (Stack will endeavor to provide at least three (3) days' advance notice of service-affecting scheduled maintenance); and

b) Services unavailability caused by events outside of the direct control of Stack, including any Force Majeure Event, the failure or unavailability of Customer's systems, the internet, or any Services unavailability due to a failure in the hosting services provided by Stack's third-party hosting service provider (Amazon Web Services).

8.3 Service credit claims. To receive a service credit for a calendar month, Customer must submit a claim ticket to the Billing Party (or to Stack if Stack is the Billing Party) within thirty (30) days of the end of the month during which the Services did not meet the Stack SLA, and include the following information:

a) Customer name and account number, as applicable;

b) the name, email address, and telephone number of the Customer's designated contact; and

c) information supporting each claim of Downtime, including date, time, and a description of the incident and affected Services, all of which must fall within the calendar month for which Customer is submitting a claim.

9. THIRD-PARTY PRODUCTS OR SERVICES

9.1 To use the Services, the Customer might also be dependent on Third-Party Products. Customer acknowledges and accepts that Stack does not warrant the availability or functionality of such Third-Party Products and assumes no liability for the suitability of Third-Party Products for the purposes of accessing and using the Services. Third-Party Products shall be used in accordance with the applicable terms and conditions set out by the supplier of such Third-Party Products.

9.2 The functionality of the Services is dependent on the Customer having an adequate internet connection between in-store Store equipment and the FastTrack Platform (minimum 20 Mbit/s). It is the Customer's sole responsibility to ensure it fulfills such requirements. It is understood that inadequate throughput, latency and packet drop might impact the performance of the FastTrack Platform.

9.3 Stack may from time to time, without any liability whatsoever, recommend Third-Party Products and services which Stack deems suitable to be used in connection with the Services.

9.4 Customer agrees to comply with any usage policies as designated by the relevant third-party hosting service provider and referenced at https://aws.amazon.com/aup/. Customer acknowledges and agrees that its violation of such third-party usage policies may cause Customer's access to the FastTrack Platform to be revoked, without any liability for Stack or the Billing Party.

10. PROPRIETARY RIGHTS AND LICENSES

10.1 With the exception of any Third-Party Products and any Customer Data fed into the system by the Customer, Stack or its licensors owns all rights, including intellectual property rights, in and to the FastTrack Platform and the underlying software and all parts thereof as well as in any results, deliverables, or work product arising out of Stack's provision of the Services or of any professional or custom services under a Statement of Work, unless otherwise expressly agreed in writing. Subject to the limited rights granted to Customer hereunder, Stack reserves all right and title to the FastTrack Platform and its underlying software, including any intellectual property rights related thereto. No rights are granted to the Customer other than as expressly set forth herein.

10.2 Customer grants to Stack a worldwide, royalty-free license to host, copy, modify, transmit and display Customer Data as necessary for Stack to provide the Services in accordance with these Terms and the relevant Order. This shall specifically include a right for Stack to obtain data regarding Customer's usage of the Services and any devices connected to the Services, and data related to or in connection therewith, and to use such data:

a) to provide, maintain, secure, and improve the Services for Customer; and

b) to create aggregated and anonymized analytics, insights, and offerings, provided that such aggregated and anonymized data cannot reasonably be used to identify Customer or any individual data subject.

Stack will not sell, disclose, or otherwise make available non-aggregated and non-anonymized Customer Data (including personal data) to third parties without Customer's prior written consent, except as required to provide the Services, comply with law, or as permitted under the DPA. Processing of personal data for any purpose other than providing the Services to Customer is governed exclusively by the DPA.

10.3 Stack will maintain reasonable administrative, physical and technical security measures consistent with current prevailing security practices for the software-as-a-service industry, to protect against the loss, misuse or unauthorized access of Customer Data.

11. PERSONAL DATA

11.1 The parties acknowledge that Customer Data may include personal data to be processed within the Customer's use of the Services and that the Customer is the personal data controller with respect to such personal data. Stack acts as a processor (or sub-processor, as applicable) with respect to such personal data. Primary Platform hosting is in the European Union (AWS eu-west-1, Ireland), as further described in the DPA.

11.2 Stack will maintain administrative and technical safeguards for the protection of the security, confidentiality and integrity of such personal data and will only process said data on behalf of the Customer and in accordance with the DPA.

11.3 DPA incorporation. The DPA attached as Exhibit A is hereby incorporated into and forms part of these Terms. Each Party agrees to execute (or is deemed to have executed) the DPA upon execution of these Terms. In the event of any conflict between these Terms and the DPA with respect to the processing of personal data, the DPA shall prevail.

11.4 Data breach notification. Stack will notify Customer of any personal data breach affecting Customer Data without undue delay and in any event within seventy-two (72) hours of becoming aware of such breach, in accordance with the DPA and applicable Data Protection Laws.

12. CONFIDENTIALITY

12.1 Definition. "Confidential Information" means all non-public information disclosed by one Party ("Disclosing Party") to the other Party ("Receiving Party"), whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. Confidential Information includes, without limitation, Customer Data, the FastTrack Platform (including its underlying technology), business plans, pricing, and the terms of these Terms and any Order. Confidential Information does not include information that: (a) is or becomes publicly available without breach of these Terms; (b) was known to the Receiving Party prior to disclosure; (c) is received from a third party without breach of any obligation of confidentiality; or (d) is independently developed by the Receiving Party without use of Confidential Information.

12.2 Obligations. The Receiving Party will: (a) use Confidential Information only to perform its obligations or exercise its rights under these Terms; (b) not disclose Confidential Information to any third party except to employees, contractors, and advisors who need to know and are bound by confidentiality obligations at least as protective as those herein; and (c) protect Confidential Information using at least the same degree of care it uses to protect its own confidential information, but in no event less than reasonable care.

12.3 Compelled disclosure. If the Receiving Party is compelled by law to disclose Confidential Information, it will provide the Disclosing Party with prompt prior notice (where legally permitted) and reasonable assistance to contest the disclosure.

12.4 Duration. The obligations in this Section 12 survive termination or expiration of these Terms for five (5) years, except that obligations with respect to trade secrets and personal data survive for as long as such information remains confidential or is subject to applicable Data Protection Laws.

13. DATA RETURN AND DELETION

13.1 Export window. Upon expiration or termination of these Terms or the applicable Subscription Term, Customer may export Customer Data in a standard machine-readable format made available by Stack via the FastTrack Platform or upon written request, for a period of thirty (30) days following the effective date of termination or expiration ("Export Window").

13.2 Deletion. Following the Export Window, Stack will delete or anonymize Customer Data (including personal data processed on behalf of Customer) from Stack's active systems within ninety (90) days, except to the extent Stack is required to retain copies to comply with applicable law or as otherwise permitted under the DPA (including backup retention periods described in the DPA).

13.3 Certification. Upon Customer's written request, Stack will provide reasonable confirmation that Customer Data has been deleted in accordance with this Section 13 and the DPA.

14. WARRANTIES AND DISCLAIMERS

14.1 Subject to any exceptions set forth in these Terms, Stack warrants that during the Subscription Term, the Services will perform materially in accordance with the Services Specification and the Stack SLA, as applicable.

14.2 Other than as stated in Section 14.1 above, Stack makes no warranty of any kind whether express, implied, statutory or otherwise and, to the maximum extent permitted by applicable law, disclaims all implied warranties such as implied warranties for fitness for a particular purpose, merchantability, non-infringement, and the FastTrack Platform being free from errors and bugs.

15. LIABILITY

15.1 Stack IP indemnity. Stack shall defend Customer against any third-party claim alleging that the FastTrack Platform (excluding Customer Data and Third-Party Products) as provided by Stack infringes such third party's intellectual property rights, and shall indemnify Customer from any damages, costs, and reasonable attorney fees finally awarded against Customer (or agreed in settlement) in connection with such claim, provided that Customer: (a) promptly notifies Stack in writing of the claim; (b) grants Stack sole control of the defense and settlement (provided no settlement imposes obligations on Customer without Customer's consent, not to be unreasonably withheld); and (c) provides reasonable assistance at Stack's expense. If the FastTrack Platform becomes, or in Stack's opinion is likely to become, the subject of an infringement claim, Stack may at its option: (i) procure the right for Customer to continue using the Services; (ii) replace or modify the Services to make them non-infringing; or (iii) terminate the affected Services and refund any prepaid, unused Services Fees for the terminated portion on a pro-rata basis. Stack will have no liability under this Section 15.1 to the extent the claim arises from Customer Data, modifications not made by Stack, combination with non-Stack products, or use outside the scope of these Terms.

15.2 Customer indemnity. Customer shall indemnify Stack against any and all claims, demands, suits or proceedings (collectively "Claims") made or brought against Stack by a third party alleging that the Customer Data or Customer's use of the FastTrack Platform in breach of these Terms infringes such third party's intellectual property rights or privacy rights or violates applicable law, and Customer will indemnify Stack from any cost or damages (including reasonable attorney fees) incurred by Stack in connection with such Claims. Stack will, without undue delay, notify Customer in writing of any Claims, and Customer will be given the right to control the defense against such action and decide on any agreement or settlement. Further, Stack will give Customer a reasonable opportunity to defend and/or settle the Claim at its own expense and with counsel of its own selection. The parties shall provide each other such assistance as may reasonably be requested in order to ensure a proper and adequate defense. Customer must not settle any Claim without the prior written approval of Stack, not to be unreasonably withheld.

15.3 Limitation of liability. Except as set forth in Sections 15.4 and 15.5, in no event shall either Party be liable to the other for any indirect or consequential damages, including but not limited to loss of business, revenues, profits, anticipated savings, goodwill, reputation, or data, or the cost of procuring substitute services. Except as set forth in Sections 15.4 and 15.5, each Party's aggregate liability to the other arising out of or related to these Terms shall not exceed the total Services Fees paid or payable by Customer under the applicable Order(s) during the twelve (12) months immediately preceding the event giving rise to the claim (the "General Cap"); provided that, for claims arising out of or related to a Statement of Work, the General Cap shall instead be measured by reference to the fees paid or payable under that Statement of Work during the same period.

15.4 Enhanced cap. Notwithstanding the General Cap, each Party's aggregate liability for (a) breach of Section 12 (Confidentiality); (b) Stack's breach of the DPA or applicable Data Protection Laws with respect to personal data; and (c) Stack's indemnification obligations under Section 15.1, shall not exceed two (2) times the General Cap. The exclusion of indirect damages in Section 15.3 does not apply to liability under subsections (a) and (b) of this Section 15.4, but such liability remains subject to the limit set out in this Section 15.4.

15.5 Unlimited liability. The limitations in Sections 15.3 and 15.4 do not apply to: (a) Customer's indemnification obligations under Section 15.2; (b) Customer's payment obligations; (c) either Party's liability arising from gross negligence, willful misconduct, or fraud; or (d) liability for death or personal injury caused by a Party's negligence. Nothing in these Terms limits liability that cannot be limited under mandatory applicable law.

16. TERM AND TERMINATION

16.1 These Terms commence on the Start Date and continue until the expiration or termination of the Subscription Term.

16.2 Stack may terminate these Terms and thereby disable Customer's subscription, with immediate effect without liability in the event Customer materially breaches these Terms and does not cure such breach (if curable) within ten (10) days from being notified by Stack or the Billing Party of such a breach.

16.3 Customer may terminate these Terms and any Order concluded with Stack hereunder, with immediate effect in the event Stack materially breaches these Terms and does not cure such breach (if curable) within thirty (30) days from being notified by Customer of such a breach.

16.4 For clarity, subscriptions to the FastTrack Platform may not be cancelled before the end of the applicable Subscription Term except as expressly permitted in these Terms or the applicable Order, and any subscription fees paid to the Billing Party hereunder are non-refundable except as expressly stated herein.

16.5 Effect of termination. Upon termination or expiration of these Terms, Customer's right to access and use the Services ceases immediately. Sections that by their nature should survive (including Sections 10, 11, 12, 13, 14.2, 15, 16.4, 16.5, 17, and 18) survive termination or expiration.

17. FORCE MAJEURE

Neither party shall be responsible to the other for any failure or delay in performing any of its obligations under these Terms or for other non-performance hereof if such delay or non-performance is caused by fire, flood, riot, civil commotion, act or ordinance of any governmental or local authority, terrorism, or by any other similar cause beyond the reasonable control of that party (a "Force Majeure Event"). The parties expressly acknowledge and agree that a delay or non-performance by Stack with regard to the FastTrack Platform due to the effects of any type of pandemic shall be deemed a Force Majeure Event of Stack. The party who is affected by a Force Majeure Event shall immediately inform the other party of such event and use reasonable commercial efforts to remove or overcome the hindrance for performance. Should a Force Majeure Event continue for more than three (3) months, either party shall have the right to terminate these Terms with immediate effect.

18. MISCELLANEOUS

18.1 Notices. Any notice required or permitted to be given by either party under these Terms shall be in writing and may be delivered by hand or courier, sent by registered airmail letter or e-mail to the parties' contact persons at the addresses stated in the Order or as otherwise agreed in writing between the parties. Such notice shall be deemed to be given:

a) if sent by hand or courier, on the day of delivery to the receiving party;

b) if sent by registered airmail letter, five (5) days after the day of dispatch; and

c) if sent by e-mail, on the day after sending, provided that the sending party does not receive any error message and that the sending email account indicates that the email was sent to the correct address.

18.2 Assignment. The Customer may not assign these Terms or any rights granted herein without the prior written consent of Stack. Stack may assign these Terms to an Affiliate or in connection with the sale or transfer of all or substantially all of the stock or assets of Stack. These Terms shall be binding upon and shall inure to the benefit of each of the parties and their permitted successors and assigns.

18.3 Amendments. Stack may amend these Terms with thirty (30) days' prior written notice to Customer, save that, to the extent that any such amendments are required under any applicable laws or regulations, such notification period may be shorter. Material adverse amendments to service levels, liability, or data protection terms require Customer's written consent.

18.4 Order of precedence. In the event of conflict between documents governing the relationship of the Parties:

a) for the processing of personal data: the DPA prevails over these Terms and all other documents;

b) for professional services under a signed Statement of Work: the SOW (and any Change Orders) prevails over these Terms and the Order for the services described in that SOW;

c) for subscription and Platform matters: the applicable Order prevails over the Services Specification and Documentation; and

d) otherwise: these Terms govern matters not expressly addressed in the Order or SOW.

18.5 Entire Agreement. These Terms (including the DPA and any exhibits) constitute the entire agreement between the parties and supersede all previous agreements, arrangements and understandings between the parties, whether written or oral, relating to the Services. The End User License Agreement applicable to Licensed Software (FastTrack Merchant App and FastTrack Agent) governs end-user use of that software and does not replace these Terms for Customer's subscription to the Services.

18.6 Governing Law and Disputes. These Terms shall be governed by and construed in accordance with the laws of Iceland, with the exclusion of its conflict of law rules. Any dispute, controversy or claim arising out of or in connection with this contract, or the breach, termination or invalidity thereof, shall be finally settled by arbitration administered by the Arbitration Institute of the Icelandic Chamber of Commerce ("The ICC Institute"). The place of arbitration shall be Reykjavík, Iceland. The language to be used in the arbitral proceedings shall be English, unless otherwise agreed. The Rules for Expedited Arbitrations of the Arbitration Institute of the Icelandic Chamber of Commerce shall apply, unless the ICC Institute, taking into account the complexity of the case, the amount in dispute and other circumstances, determines, in its discretion, that the Rules of the Arbitration Institute of the Icelandic Chamber of Commerce shall apply. In the latter case, the ICC Institute shall also decide whether the arbitral tribunal shall be composed of one or three arbitrators. The parties undertake and agree that all arbitral proceedings conducted with reference to this arbitration clause will be kept strictly confidential. This confidentiality undertaking shall cover all information disclosed in the course of such arbitral proceedings, as well as any decision or award that is made or declared during the proceedings. Information covered by this confidentiality undertaking may not, in any form, be disclosed to a third party without the written consent of the other party. This notwithstanding, a party shall not be prevented from disclosing such information in order to safeguard in the best possible way its rights vis-à-vis the other party in connection with the dispute, or if the party is obliged to so disclose pursuant to statute, regulation, a decision by an authority or similar or rules by a recognized stock exchange.

EXHIBIT A — DATA PROCESSING AGREEMENT

The Data Processing Agreement (DPA) forms Exhibit A to these Terms and is incorporated herein by reference. The current published form of the DPA is available at https://www.fast-track.io/legal/dpa.

EXHIBIT B — STATEMENT OF WORK (TEMPLATE)

Professional and custom services are governed by a signed Statement of Work using the SOW template form. Each executed SOW is incorporated by reference and assigned a unique SOW ID.