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Terms of Use

Updated on May 21, 2026

Our Affiliated Brands Include:

Table Of Contents

1. WHO WE ARE AND WHAT WE OFFER

Thank you for using Stadium! Please read these Terms of Use carefully before accessing or using our platform. By creating an account, placing an order, or otherwise using the Services, you agree to be bound by these Terms. Please note that Section 8 of these Terms contains a binding arbitration clause and class action waiver that affects your legal rights. Please review that section carefully.

Stadium is operated by Kitchen Stadium Inc. (“Stadium,” “we,” “us,” or “our”), a technology platform that powers employee recognition programs, group gifting, swag, snack boxes, and rewards, globally. Our Services are available at www.bystadium.com and through affiliated brands including Snackmagic and Swagmagic (collectively, the “Platform”). We work with independent brands, merchants, and fulfillment partners to source and deliver products through the Platform. “You,” “your” or “User” means any individual who accesses or uses the Services. If you access or use the Services on behalf of an organization, you represent and warrant that you have authority to bind that organization, and references to “You” include that organization solely with respect to your use of the Services.

These Terms of Use (“Terms”) govern your use of the Platform and all related services, content, tools, and features (the “Services”). By using the Services, you also agree to our Privacy Policy at www.bystadium.com/privacy-policy, which is incorporated here by reference. If you do not agree to these Terms, please do not use the Services.

 If your organization has entered into a separate written agreement with Stadium (such as an order form, statement of work, or other written agreement (each, an “Order Form”), that agreement governs your organization’s relationship with Stadium and will control over these Terms in the event of any conflict. 

2. ELIGIBILITY, ACCOUNTS, AND WORKSPACES

  • 2.1 Eligibility. You must be at least 18 years of age to use the Services. By using the Platform, you confirm you meet this requirement. If you access or use the Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms and to any applicable agreements with Stadium.

  • 2.2 Account Registration. To access certain features, you must create an account with accurate and current information. You are responsible for all activity that occurs under your account and for keeping your credentials confidential. Notify us immediately at hi@bystadium.com if you suspect unauthorized access.

  • 2.3 Organization Workspaces. Stadium offers workspace features that allow an organization - such as your employer - to create a shared environment on the Platform and invite users to join. Organizations may designate administrators ("Admins") with elevated permissions, including the ability to manage accounts, configure settings, allocate Wallet funds, and access content and activity within the workspace.

  • 2.4 What Joining a Workspace Means. By joining a workspace, you acknowledge that your content, activity, order history, kudos, and recognition interactions within that workspace may be visible to Admins and other designated members of your organization, consistent with the permissions configured by your organization. Please review your organization's privacy practices if you have questions about how your workspace activity is managed internally.

  • 2.5 Organization Responsibility. The organization that creates and manages a workspace is solely responsible for: managing user accounts and Admin designations; ensuring users have consented to participation; complying with applicable employment, privacy, and data protection laws; and resolving internal disputes. Stadium provides the platform infrastructure only and is not responsible for intra-organization decisions, Admin conduct, or disputes arising from workspace use.

  • 2.6 Workspace Data. If your Platform access is provided through an organizational workspace, your organization may access, export, modify, or delete data associated with your account within that workspace, including upon your departure from the organization. Stadium has no obligation to provide you with independent access to that data following a change in your relationship with the organization. This applies only to data within the organizations’ workspace.

3. PAYMENTS, WALLET, POINTS, AND CREDITS

  • 3.1  Fees and Pricing.  Prices for Products and Services made available through the Services may differ from prices offered directly by Merchants or through other channels. Prices may change at any time without notice. You are responsible for all fees, taxes, and other charges associated with transactions made through your account. Applicable taxes may be assessed and collected by Stadium, Merchants, payment processors, or other third parties depending on the transaction. If claiming a tax exemption, you may be required to provide a valid exemption certificate to the applicable party processing the transaction.

  • 3.2  Payment.  Stadium uses third-party payment processors. By providing payment information, you authorize Stadium or its processor to charge applicable fees. You represent that you are authorized to use the payment method provided.

  • 3.3  Subscriptions. Certain features of the Services may be offered on a subscription basis. Subscription packages for organizations are entered into pursuant to a separate Order Form or written agreement with Stadium, which will specify the applicable fees, term, renewal, and cancellation provisions. In the event of any conflict between these Terms and an Order Form, the Order Form will control.

    For individual users or accounts not subject to an Order Form, any applicable subscription terms presented at the time of purchase or enrollment will govern. Unless otherwise specified at the time of purchase, subscriptions will automatically renew at the end of each subscription term at the then-current rate until cancelled. You may cancel a subscription in accordance with the instructions provided at the time of purchase or by contacting hi@bystadium.com.

  • 3.4 Fees and Refunds. Payment obligations are non-cancelable and all fees paid for completed and delivered orders are final and non-refundable. Stadium has no obligation to provide refunds or credits, but may issue them at its sole discretion. If a product or experience is unsatisfactory, notify Stadium promptly, but in any event no later than seven (7) calendar days of delivery to hi@bystadium.com. Stadium may require the return or photographic evidence of the product to investigate the matter further.

  • 3.5 Wallet Funds. “Wallet” means a feature of the Services that enables users or organizations to maintain prepaid balances for future purchases or use of services on the Platform. Wallet balances may include funds added by a user or organization, promotional credits, or other value issued by Stadium.

    A Wallet is not a bank account, deposit account, or other regulated stored-value account. Wallet balances may be used solely in connection with the Services and may not be transferred to another user or third party.

    Funds are credited to a Wallet only after receipt of cleared payment. Wallet balances do not expire. Wallet balances are non-refundable except as required by applicable law or at Stadium's sole discretion. A transaction fee may apply to any approved refund of Wallet funds to an external payment method, as determined by Stadium in its sole discretion.

  • 3.6 Points. Stadium may offer a points-based rewards system. Points have no cash value, cannot be withdrawn or converted to cash or currency, and cannot be transferred outside the Platform. Points do not expire. Points may be subject to usage restrictions, workspace-level controls, and caps set by your organization. Stadium reserves the right to adjust, modify, or discontinue points at any time. Where a point-to-dollar conversion rate is displayed, it applies only to redemptions within the Platform for eligible products and services. The conversion rate is set by Stadium (or by your organization for workspace-based programs) and may be changed at any time. Points cannot be redeemed for cash regardless of any stated conversion rate.

  • 3.7 Gift Codes. Stadium may offer prepaid codes or similar instruments ("Gift Codes") that allow recipients to redeem value for Stadium products or services. Gift Codes are not legal tender, are not redeemable for cash, and do not constitute stored value or gift cards unless expressly stated. Gift Codes are issued on behalf of the purchasing organization, which is responsible for their distribution and security. Gift Codes may be subject to usage limits, workspace or shop restrictions, and expiration dates. Stadium is not responsible for lost, stolen, misdirected, or improperly distributed Gift Codes. Gift Codes may expire automatically or be manually expired by the issuing organization. Unredeemed value may be forfeited or returned to the issuing organization's Wallet where supported by the Services. Stadium does not resolve disputes regarding ownership or entitlement to Gift Code value.

  • 3.8 Corporate Billing. If pre-approved for corporate billing (invoice or purchase order), payment is due prior to shipment unless otherwise specified in writing. Credit limits are set at Stadium's sole discretion and subject to change. Late payment fees may apply for overdue balances.

  • 3.9 Promotional Offers. Stadium may offer promotional discounts or credits at its sole discretion. Promotions cannot be combined with other offers, cannot be redeemed for cash, are subject to any stated terms, and may be modified, suspended, or revoked by Stadium at any time without notice. Stadium may withhold or recover credits obtained fraudulently or in violation of these Terms.

  • 3.10 Balances and Credits. Wallet funds, Points, Gift Codes, and promotional credits are each distinct and may be subject to their own terms and restrictions. They are not interchangeable and may not be transferred between each other or converted from one type to another unless expressly permitted by Stadium.

4. PRODUCTS, ORDERS, AND PLATFORM USE

  • 4.1 Products and Merchants. Stadium works with independent merchants, brands, and fulfillment partners ("Merchants") to source and deliver products through the Platform. Stadium does not manufacture any product and is not responsible for manufacturing defects, ingredient decisions, product formulations, or fulfillment errors made by Merchants. Where a Merchant fails to fulfill an order correctly, Stadium will use good-faith efforts to facilitate a resolution on your behalf, subject to the limitations in Section 7.

  • 4.1.1 How Product Issues Are Handled. If you experience an issue with an order -- including non-delivery, incorrect items, damaged goods, or quality concerns -- contact Stadium support at hi@bystadium.com within seven (7) calendar days of the delivery date or expected delivery date. Stadium will review the issue and, where the claim is valid and supported by reasonable evidence, will use good-faith efforts to facilitate a resolution. Possible resolutions may include a replacement order, a Wallet credit, or other remedies Stadium determines appropriate in its sole discretion. Stadium does not guarantee any specific outcome and is not obligated to provide a cash refund. Stadium's total liability in connection with any product issue is limited as set forth in Section 7.2. For disputes that cannot be resolved through this process, the dispute resolution procedures in Section 8 apply.

  • 4.2 Prepackaged Goods. Many products available through the Platform are prepackaged goods sourced from third-party manufacturers. Stadium does not manufacture, inspect, open, or otherwise examine prepackaged goods prior to shipment and has no ability to verify their contents, quality, or condition before they are dispatched. Stadium makes no representations regarding the quality, safety, contents, or condition of prepackaged goods and is not liable for any manufacturing defects, inaccuracies, contamination, or harm arising from them, except where the issue is directly caused by Stadium's own handling or fulfillment error. Claims related to manufacturing defects or product quality should be directed to Stadium support at hi@bystadium.com, subject to the limitations in Section 7.

  • 4.3 Product Accuracy. Product images, descriptions, and catalog content are for informational purposes only. Actual products may vary. Stadium reserves the right to substitute products in pre-curated boxes, kits, or shops due to availability or operational factors, at its discretion.

  • 4.4 Dietary and Allergen Information. Any dietary, allergen, or nutritional information displayed on the Platform is sourced from Merchants and manufacturers and is provided for informational purposes only. Stadium does not independently verify this information. Always read product labels and contact the manufacturer directly if you have severe allergies. Stadium is not liable for adverse reactions arising from any product.

  • 4.5 Global Fulfillment. Stadium fulfills orders in 170+ countries. Product and service availability varies by location. You are responsible for ensuring any product you order complies with local import, customs, and regulatory requirements.

5. Intellectual Property

  • 5.1 Stadium IP. All Platform content, software, trademarks, logos, and related intellectual property ("Stadium IP") are owned by or licensed to Stadium. Your use of the Services does not grant you any ownership of Stadium IP. You receive a limited, revocable, non-exclusive, non-transferable license to access and use the Services for their intended purposes only.

  • 5.2 Your Brand. Where applicable, Stadium may display your name or company name and logo on its website and in sales or marketing materials to identify you as a user of the Platform. This use is limited to general customer identification and does not imply endorsement or partnership beyond your use of the Services. You may opt out of this use at any time by sending written notice to hi@bystadium.com, after which Stadium will remove your brand from new materials within 30 days. Stadium will not use your logo in a manner that implies a deeper endorsement or formal partnership without your prior written consent. Stadium may reference you as a customer in internal business contexts (e.g., pitch decks or investor materials) without separate approval unless you have provided written notice requesting otherwise.

  • 5.3 Your Content. If you submit content through the Services -- including reviews, feedback, images, or designs (collectively, "User Content") -- you grant Stadium a worldwide, royalty-free, sublicensable license to use, reproduce, and display that content in connection with operating and improving the Services. You represent that you own or have rights to submit such content and that it does not violate any third-party rights.

  • 5.4 Custom Designs and Branded Assets. The Services allow you to upload logos, artwork, design files, and other materials for use on customized products such as swag, branded merchandise, and recognition items ("Branded Assets"). By uploading Branded Assets, you represent and warrant that: (a) you own the Branded Assets or have obtained all necessary rights, licenses, and permissions to use them for the intended purpose; (b) the Branded Assets do not infringe, misappropriate, or violate any copyright, trademark, trade dress, right of publicity, or other intellectual property or proprietary right of any third party; and (c) you have the authority to grant Stadium the right to reproduce and use the Branded Assets solely to fulfill your orders and provide the Services. Stadium does not verify ownership, licensing, or authorization of Branded Assets submitted to the Platform and is not responsible for any claims, damages, or liability arising from their use. You agree to indemnify and hold Stadium harmless from any third-party claims related to Branded Assets you submit. For more information on how Stadium handles intellectual property, please review our Intellectual Property Policy at www.bystadium.com/intellectual-property-policy.

  • 5.5 Feedback. Any ideas or suggestions you share with Stadium outside of a formal agreement are considered non-confidential. Stadium may use them for any purpose without obligation or compensation to you.

6. YOUR RESPONSIBILITIES AND PROHIBITED CONDUCT

6.1 By using the Services, you agree not to:

  • Use the Services for any unlawful, fraudulent, or harmful purpose.
  • Transmit material that is infringing, defamatory, obscene, threatening, or otherwise objectionable.
  • Impersonate any person or entity, or misrepresent your affiliation with any person or entity.
  • Use automated tools (bots, scrapers, spiders) to access or extract data from the Platform without Stadium's express written permission.
  • Attempt to probe, scan, or circumvent any security or authentication measures.
  • Resell or commercially exploit the Services or Platform content without Stadium's written consent.
  • Abuse promotions or credit systems, including by creating multiple accounts for first-user benefits.
  • Take any action that damages, disables, or impairs the Platform or its infrastructure.

Stadium reserves the right to suspend or terminate your access for any violation of these Terms or applicable law.

6.2 Third-Party Services and Links. The Platform may contain links to, or otherwise reference, third-party websites, services, or platforms (“Third-Party Services”). The presence of a link or reference to a Third-Party Service does not mean Stadium endorses, warrants, or recommends it. Stadium does not control Third-Party Services and is not responsible for their content, accuracy, availability, security, or practices. Any reliance you place on a Third-Party Service is entirely at your own risk and subject to that service’s own terms and policies. Stadium expressly disclaims all liability arising from your access to or use of any Third-Party Service.

6.3 Integrations. The Services may interoperate with or connect to third-party platforms, applications, or services, including but not limited to messaging platforms (such as Slack and Microsoft Teams), human resources information systems, customer relationship management systems, and employee recognition platforms (“Integrations”). You acknowledge and agree that any data, content, or instructions transmitted to the Services through an Integration are provided by you or the applicable third party. Stadium does not verify, monitor, or control such data and is not responsible for its accuracy, completeness, timeliness, or legality. Stadium does not control and is not responsible for the availability, security, functionality, or performance of any third-party platform or Integration, including any outages, interruptions, changes, or discontinuation of such third-party services. Your use of Integrations is subject to the applicable third-party terms and policies, and Stadium disclaims all liability arising from your use of or reliance on any Integration.

7. DISCLAIMERS, LIABILITY, AND INDEMNIFICATION

  • 7.1 Disclaimer of Warranties.THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND -- EXPRESS, IMPLIED, OR STATUTORY -- INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. STADIUM DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE FROM HARMFUL COMPONENTS. STADIUM DOES NOT GUARANTEE THAT AUTOMATED, SCHEDULED, OR INTEGRATION-DRIVEN FEATURES -- INCLUDING AUTOMATED GIFTING, MILESTONE TRIGGERS, RECOGNITION WORKFLOWS, HRIS SYNCS, AND MESSAGING PLATFORM INTEGRATIONS -- WILL OPERATE WITHOUT INTERRUPTION, DELAY, OR ERROR. YOUR USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK.

  • 7.2 Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, STADIUM AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES -- INCLUDING LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, OR BUSINESS INTERRUPTION -- ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICES, REGARDLESS OF THE THEORY OF LIABILITY AND WHETHER OR NOT STADIUM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

    STADIUM'S TOTAL LIABILITY TO YOU FOR DIRECT DAMAGES WILL NOT EXCEED THE GREATER OF: (A) THE FEES YOU PAID TO STADIUM IN THE THREE (3) MONTHS BEFORE THE CLAIM AROSE; OR (B) $100 USD. THIS CAP APPLIES TO ALL CLAIMS IN THE AGGREGATE, NOT PER INCIDENT. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIABILITY EXCLUSIONS; IN THOSE CASES, STADIUM'S LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. WHERE YOU ARE USING THE SERVICES ON BEHALF OF AN ORGANIZATION, THE FEES USED TO CALCULATE THE LIABILITY CAP ARE THE TOTAL FEES PAID BY THAT ORGANIZATION IN THE THREE (3) MONTHS PRECEDING THE CLAIM.

  • 7.3 Indemnification. You, and where applicable the organization on whose behalf you use the Services, agree to defend and hold harmless Stadium and its affiliates, officers, directors, employees, and agents from any claims, damages, losses, and expenses (including reasonable attorneys' fees) arising from third-party claims related to: (a) your breach of these Terms; (b) your violation of any law or third-party rights, including any intellectual property or privacy rights; (c) content, Branded Assets, or designs you submit through the Services; (d) your collection, use, or handling of any personal data in connection with your use of the Services in violation of applicable privacy or data protection laws; or (e) any claims by recipients arising from content, gifts, communications, or other items sent through the Platform at your direction. Stadium may assume control of the defense of any such claim at its own expense, and you agree to cooperate fully with that defense.

8. DISPUTE RESOLUTION AND GOVERNING LAW

  • 8.1 Applicability. This Section applies to disputes arising from or relating to  these Terms and your use of the Services. This Section does not apply to disputes governed by a separate written agreement between Stadium and an organization.

  • 8.2 Informal Resolution. We encourage you to contact us at hi@bystadium.com before initiating any formal dispute. We will make good-faith efforts to resolve concerns quickly and informally where possible.

  • 8.3 Binding Arbitration. If informal resolution fails, any dispute, claim, or controversy arising from or relating to these Terms or your use of the Services will be resolved exclusively by binding individual arbitration, not in court. This agreement is governed by the Federal Arbitration Act. Exceptions: either party may bring qualifying claims in small claims court; either party may seek emergency injunctive relief in court to protect intellectual property pending arbitration.

  • 8.4 AAA Arbitration Rules. Arbitration will be administered by the American Arbitration Association (AAA) under its applicable rules (available at www.adr.org). The arbitrator's decision will be final and binding. Arbitration may be conducted by phone, video, written submissions, or in person.

  • 8.5 No Class Actions. ALL CLAIMS MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY. YOU WAIVE ANY RIGHT TO BRING CLAIMS ON A CLASS, COLLECTIVE, OR REPRESENTATIVE BASIS. CLAIMS OF MULTIPLE USERS MAY NOT BE CONSOLIDATED.

  • 8.6 Opt-Out. You may opt out of arbitration by sending written notice to legal@bystadium.com within 30 days of first accepting these Terms. Include your name, address, and account email. Opting out does not affect any other part of these Terms.

  • 8.7 Governing Law and Venue. These Terms are governed by the laws of the State of New York, without regard to conflict of law rules. For any matter not subject to arbitration, you consent to exclusive jurisdiction in the state or federal courts of New York, New York.

9. TERM, TERMINATION, AND CHANGES TO THESE TERMS

  • 9.1 Your Right to Stop Using the Services. You may stop using the Services at any time. To cancel a paid subscription, provide at least 60 days' written notice to hi@bystadium.com, unless otherwise specified in your Order Form. Stopping use does not entitle you to any refund of fees already paid.

  • 9.2 Stadium's Right to Terminate or Suspend. Stadium may suspend or terminate your access to the Services at any time, with or without cause, and with or without notice. If Stadium terminates your access without cause, it will make reasonable efforts to provide advance notice. If termination is due to a violation of these Terms, it may be immediate and without notice.

  • 9.3 Effect of Termination. Upon termination, your right to use the Services ends. Sections 5 (Intellectual Property), 7 (Disclaimers and Liability), 8 (Dispute Resolution), and 10 (General) survive termination.

  • 9.4 Changes to These Terms. Stadium may update these Terms at any time. We will post the updated version on the Platform and update the effective date. For material changes, we will provide notice by email or in-platform notification where reasonably practicable. Your continued use of the Services after the effective date of any update constitutes your acceptance of the updated Terms. If you do not agree, stop using the Services.

10. GENERAL

  • 10.1 Entire Agreement. These Terms, together with our Privacy Policy, constitute the entire agreement between you and Stadium regarding your use of the Services and supersede all prior agreements and understandings.

  • 10.2 These Terms Are Not a Customer Agreement or Master Services Agreement.  These Terms of Use govern access to and use of the Platform. They are not a master services agreement, enterprise contract, or Order Form and do not govern custom commercial arrangements. These Terms may not be modified by any individual user. Only a written amendment signed by an authorized officer of Stadium constitutes a valid modification. If your organization requires a custom commercial agreement, please contact Stadium's sales team to discuss an Order Form or Master Services Agreement. These Terms apply to all users of the Platform, including individuals and organizations, and are intended to be read and enforced accordingly.

  • 10.3 No Waiver. Stadium's failure to enforce any provision does not waive its right to do so later. No waiver is effective unless in writing.

  • 10.4 Severability. If any provision is found invalid or unenforceable, it will be modified to reflect the parties' original intent, and the remaining provisions will stay in effect.

  • 10.5 Assignment. You may not assign or transfer any of your rights or obligations under these Terms without Stadium's prior written consent. Stadium may assign these Terms in connection with a merger, acquisition, sale of assets, corporate restructuring, or transfer to an affiliate or subsidiary.

  • 10.6 Electronic Signatures. By accessing or using the Services in any manner -- including creating an account, placing an order, or continuing to use the Platform -- you provide your electronic signature and legally binding acceptance of these Terms and the Privacy Policy, consistent with the U.S. Electronic Signatures in Global and National Commerce Act (E-SIGN Act). No third-party certification is required for the enforceability of your acceptance.

  • 10.7 Force Majeure. Stadium is not liable for any delay or failure to perform any of its obligations under these Terms by reason of events or circumstances beyond its reasonable control.

  • 10.8 Relationship of Parties. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and Stadium.

  • 10.9 Compliance with Laws. You are responsible for complying with all laws applicable to your use of the Services, including data privacy, export controls, and consumer protection laws.

View our archived Terms page >>
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