Product Terms of Service
PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY PURCHASING OR USING ANY OF OUR PRODUCTS, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS. IT IS THE RESPONSIBILITY OF YOU, THE USER, TO READ THE TERMS AND CONDITIONS BELOW BEFORE PROCEEDING TO PURCHASE OR USE ANY OF STORYY’S PRODUCTS OR SERVICES, AS DEFINED BELOW. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT PURCHASE OR USE OUR SERVICES.
The present terms and conditions constitute a legal agreement between you and BizGrowth Marketing, LLC dba Storyy (hereinafter “STORYY”), a company duly organized and validly existing under Utah law, located at 1411 W. 1250 S. Suite 300, Orem UT 84058. These Terms supersede and void all previous agreements for use of STORYY’s services.
This Terms of Service agreement (“Terms” or “Agreement”) is a legally binding agreement made by and between Storyy (“Storyy,” “we,” “our” or “us”) and you personally and, if you use the services in your business, your business entity (collectively, “user,” “Client,” “you” or “your”). These Terms govern your use of Storyy products and services, including subscriptions and data and all related web pages, portals and interfaces, customer support, training or educational courses (collectively, hereinbefore and after, the “Services”) and the products we offer through http://www.storyy.co (the “Site”).
Any new features or tools which are added to the Site’s current store shall also be subject to the Terms. You can review the most current version of these Terms at any time on this Site, consistent with the Website Terms of Service. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our Site. It is your responsibility to check this Site periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.
SECTION 1 – GENERAL TERMS
By purchasing or using Storyy’s Services, you represent that you are at least the age of majority (i.e., 18 years of age) in your state or province of residence and that you have not given us your consent to allow any of your minor dependents to purchase or use any of Storyy’s Services. Specifically, the Services are not directed to, and do not knowingly collect personal identifiable information from children under the age of thirteen (13) years.
You agree you will not use our Services for any illegal or unauthorized purpose nor may you violate any laws in your jurisdiction involving the purchase of use of our Services. By purchasing or using our Services, you agree you will not transmit any worms or viruses or any code of a destructive nature. You understand and acknowledge that Storyy utilizes cookies to enable more efficient use of its Services.
A breach or violation by you of any of these Terms or of any of Storyy’s Terms of Service, and Storyy’s Website Terms of Service will result in an immediate termination of your right to purchase or use any of Storyy’s Services.
Storyy has the right, but not the obligation, to take any of the following actions in our sole discretion at any time and for any reason without giving you any prior notice:
1. Restrict, suspend or terminate your ability to purchase or use all or any our Services;
2. Change, suspend or discontinue all or any part of our Services;
3. Deactivate or delete your accounts;
4. Establish general practices and limits concerning purchase or use of our Services.
You agree that Storyy will not be liable to you or any third party for taking any of these actions. You agree you will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the Services. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Storyy or our licensors except as expressly authorized by these Terms.
SECTION 2 – ACCEPTANCE OF THE TERMS; PRODUCTS
You accept these Terms when you use or purchase any of our Services.
a) Subject to the terms herein and upon payment in full by you of any then-applicable fees, Storyy hereby grants you a revocable, limited and non-exclusive license to use one of its social media services, including but not limited to the Storyy Social Pro, Storyy Social Pro +, and Storyy BrandBuilder products, which can include but are not limited to, Video Editing, Social Posting, Boosting, and Engagement (collectively hereinbefore and after “Storyy Services” or “Services”). The Services are licensed, not sold to you, for use as outlined under these Terms. This license and grant is a non-sublicensable, non-transferrable, revocable, limited, license to use Services only as set forth herein.
b) In addition to the Services subject to a non-exclusive license identified above, you will be entitled to purchase subscriptions from Storyy for the Social Pro, Social Pro +, or BrandBuilder services, at the then-existing subscription price located on the Site, Storyy.co.
c) In consideration of Storyy’s promises herein, you agree not to utilize the Services for any purpose other than for their intended uses, and not to share, copy, or otherwise re-distribute the Services and without the express written consent of Storyy. You further agree not to disseminate or disclose your account username or password, nor to allow third parties or anyone else to utilize or access your account for access into Storyy’s systems. The limited license granted hereunder provides that a copy of the software Services may only be used by you. Concurrent or simultaneous use on two or more computers owned or leased by you is prohibited.
SECTION 3 – CREATING AN ACCOUNT
Once you create an account with Storyy, you are registered on the Storyy Site and may purchase our Services. The terms “Client,” “user,” and “you” all refer to this registration as a user on Storyy’s Site. When you create an account, you will provide a unique username and email. We will also ask you to create a password. Because any activities that occur under your username or password are your responsibility, it is important for you to keep your username and/or password secure. You may not assign or otherwise transfer your account to any other person or entity. For security purposes, we recommend you change your password often. Under no circumstance should you respond to a request for your password. Our employees will never ask for your password in any manner via any means of communication. You must notify us immediately if you receive such a request. You acknowledge that Storyy is not responsible for third party access to your account that results from theft or misappropriation of your account. Notify us immediately if you believe that someone has used your username, email, or password without your authorization.
Furthermore, as the registering party, you hereby acknowledge, understand and agree to:
Furnish factual, correct, current and complete information with regards to yourself as may be requested by the data registration process; and
maintain and promptly update your registration and profile information in an effort to maintain accuracy and completeness at all times.
SECTION 4 – CONDUCT RELATING TO PRODUCT
As a user of the Site and purchaser of Services, you herein acknowledge, understand and agree that all Services and products purchased from Storyy, whether they are publicly or privately posted and/or transmitted, is the expressed sole responsibility of the individual from whom the content originated. It is expressly understood by you that by your use of our Services you may be exposed to content including, but not limited to, any errors or omissions in any content of the Services provided, and that any loss or damage of any kind incurred by you as a result of the use of these Services, may not be attributed to Storyy. You understand and agree that Storyy shall not be liable for any misuse, misapplication, misappropriation, or any action undertaken by its independent contractors or by third-parties (such as social media platforms). For example, Storyy will not be held liable for any actions taken by third-party social media companies restricting access or functionality to a user’s account(s), including downtime or lack of platform access through no fault of Storyy. Users are responsible for knowing and complying with the terms and conditions of use or service for their accounts with third-parties (such as social media platforms).
You also agree not to utilize the Services for any purpose other than for their intended uses, and not to share, copy, or otherwise re-distribute the Services and without the express written consent of Storyy. You further agree not to disseminate or disclose your account’s username or password, nor to allow third parties or anyone else to utilize or access your account for access to Storyy’s systems. The limited license granted hereunder provides that a copy of the Services may only be used by you. Client further agrees not to disseminate or disclose his account’s username or password, nor to allow third parties anyone else to utilize or access this account for access to Storyy systems.
SECTION 5 – TERMS OF SUBSCRIPTIONS
You authorize Storyy to invoice you and process your Credit Card for payment (of the Service) according to the Billing Cycle established for you. At the end of each Billing Cycle, these Terms shall automatically renew for an additional term equal to the original service plan until you cancel the service by providing written notice to Storyy in accordance with Section 6 below. In the event that Storyy is not able to process payment from you at the beginning of a renewal term, either because your Credit Card has expired or for any other reason, Storyy reserves the right to continue billing your Credit Card until a payment has been made. If a payment is not made within 14 days of the bill date the account will automatically terminate and Storyy may initiate efforts to collect past due amounts owing it for your use of Storyy’s Services.. If you wish to reactivate your account at that point, you will be solely responsible for any applicable reactivation fees. In the event that Storyy is not able to process payment from you at the beginning of a renewal term, Storyy reserves the unilateral right to change annual, semiannual and quarterly Billing Cycles to a monthly Billing Cycle at the then current Subscription Rate.
SECTION 6 – TERM AND TERMINATION OF ACCOUNT
This Agreement shall become effective on the date you access or purchase Services from Storyy. The initial term of this Agreement shall be ninety (90) days, determined by the date of the initial payment to Storyy (hereinafter the “Initial Term”). The Agreement will then automatically renew unless it is canceled by either party in writing at least thirty (30) calendar days prior to the expiration of the Initial Term or of any subsequent renewal term. Any subsequent renewal term must be for the same length of time as the Initial Term.
As a user, you may cancel or terminate your account, associated email address and/or access to our Services by submitting a written cancellation or termination notice to Storyy no later than thirty (30) calendar days prior to the end of the Initial Term or any additional term.
As a user, you agree that Storyy may, without any prior written notice, immediately suspend, terminate, discontinue and/or limit your account, any email associated with your account, and access to any of our Services. The cause for such termination, discontinuance, suspension and/or limitation of access shall include, but is not limited to:
a) any breach or violation of the TOS or any other incorporated agreement, regulation and/or guideline;
b) by way of requests from law enforcement or any other governmental agencies;
c) the discontinuance, alternation and/or material modification to our Services, or any of them;
d) unexpected technical or security issues and/or problems;
e) any extended periods of inactivity in your account;
f) any engagement by you in any fraudulent or illegal activities; and/or
g) the nonpayment of any associated fees after 14 days past the end of a Billing Cycle that may be owed by you in connection with your account services.
Furthermore, you herein agree that any and all terminations, suspensions, discontinuances, and or limitations of access for cause shall be made at our sole discretion and that we shall not be liable to you or any other third party with regards to the termination of your account, associated email address and and/or all of the following:
a) the removal of any access to any or all of the Services within;
b) the deletion of your password and any and all related information, files, and any such content that may be associated with or inside your account, or any part thereof; and
c) the barring of any further purchase of all or part of our Services.
SECTION 7 – LIMITED WARRANTY OF SERVICES
Within seven (7) days of written notice by you to Storyy of errors made in video, graphic, or written content created by Storyy, Storyy will at no additional cost to the user, correct the error. However this is limited to errors in the video, graphic, or written content created by Storyy according to the user’s applicable Service and original requirements for the user’s creative asset. Any edits or revisions based on subjective creative opinion or changes to requirements are not covered by this warranty and payment for which shall be the sole responsibility of the user.
SECTION 8 – FEES AND PAYMENT
A current fee schedule for the Services can be found on Storyy’s Site, and the applicable fee and cost for such Services purchased by you are incorporated herein by reference.
SECTION 9 – SUBMITTED CONTENT
Storyy may provide an area for our users to contribute content. When you submit ideas, documents, videos, images, suggestions and/or proposals (“Contributions” or “User Input Information”) to our team, you acknowledge and agree that:
a) your contributions do not contain any type of confidential or proprietary information;
b) Storyy shall not be liable or under any obligation to ensure or maintain confidentiality, expressed or implied, related to any Contributions;
c) Storyy shall be entitled to make use of and/or disclose any such Contributions in any such manner as we may see fit;
d) the contributor’s Contributions may be used by Storyy or any of its affiliates and subsidiaries, including for marketing purposes, unless Storyy is given prior written consent by the contributor; and
e) Storyy is under no obligation to either compensate or provide any form of reimbursement to user(s).
SECTION 10 – INDEMNITY
You agree to indemnify and hold Storyy, its contractors, our subsidiaries, affiliates, agents, employees, officers, partners and/or licensors harmless, from any claim or demand by any third party, which may include, but is not limited to, reasonable attorney fees, made by that third party arising from any content purchase or content a user of our Services may submit, post, modify, transmit or otherwise make available through our Services, the use of Storyy Services or your connection with these Services, your violations of the Terms of Service and/or your violation of any such rights of another person.
SECTION 11- LIMITATION OF LIABILITY
You explicitly acknowledge, understand and agree that Storyy and its affiliates, independent contractors, subsidiaries, officers, employees, agents, partners and licensors shall not be liable to you for any punitive, indirect, incidental, special, consequential or exemplary damages including but not limited to damages which may be related to the loss of any profits, goodwill, use, data, social accounts and/or other intangible losses, even though we may have been advised of such possibility that said damages may occur, and result from:
a) the use or inability to use our Services;
b) the inaccuracy of any content made with our Services;
c) the costs of procuring substitute services; and/or
d) and any other matter which may be related to our Services.
SECTION 12 – RELEASE
In the event you have a dispute over the use of our Services, you agree to release Storyy and its officers, directors, employees, agents, parent subsidiaries, affiliates, independent contractors, co-branders, partners and any other third parties from claims, demands and damages (actual and consequential of every kind and nature, known and unknown, suspected or unsuspected, disclosed and undisclosed), arising out of or in any way connected to such dispute other than damages equal to or less than the cost of the Services you purchased from Storyy.
SECTION 13 – NOTICES
Storyy may furnish you with notices, including those with regards to any changes to the Terms, including but not limited to email, regular mail, MMS or SMS, text messaging, push notifications, postings on our website Services, or other reasonable means currently known or any which may be hereinafter developed. Any such notices may not be received if you violate any aspects of the Terms by using any of our Services in an unauthorized manner. Your acceptance of these Terms constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you read and accepted our Terms and purchased or used our Services in an authorized manner.
Some of the Services may require consent by the user to receive communication from specific channels, including but not limited to email, regular mail, MMS or SMS, text messaging, push notifications, postings on our website Services. If a user does not provide consent to receive communication via one of these communication channels, the user understands and agrees that their ability to receive all features and benefits of the Service, including Customer Support, may be limited.
SECTION 14 – ENTIRE AGREEMENT
These Terms constitute the entire agreement between you and Storyy governing the use of our Services, superseding any prior version of these Terms. You may also be subject to additional and amended terms and conditions that may apply when you use or purchase Storyy Services, such as terms of service imposed on you by media platforms. However, Storyy reserves the right to update these terms of service at any time in the future without prior notice to users.
SECTION 15 – WAIVER AND SEVERABILITY OF TERMS
At any time, should Storyy fail to exercise or enforce any right or provision of these Terms, such failure shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.
SECTION 16 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our Site or other materials that contains typographical errors, inaccuracies or omissions that may relate to product or service descriptions, pricing, promotions, offers, product or service shipping charges, transit times, service level times, and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Site or other materials, or on any related Site is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information on the Site or on any related materials or related Sites, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Site, materials, or on any related Sites, should be taken to indicate that all information on the Site, materials, or on any other related Sites has been modified or updated.
SECTION 17- INTELLECTUAL PROPERTY
The Services and all copyrights, patent rights, trade secret rights, trademarks, service marks, logos, and all other current and future intellectual property and proprietary rights in whole or in part related thereto (collectively, “Intellectual Property”) are expressly reserved to Storyy. You speciﬁcally acknowledge that these Terms do not confer upon you any interest in the Intellectual Property or any right to use any trademark or service mark of Storyy. You acknowledge that the Intellectual Property is protected by state, federal and international trademark and/or copyright laws and treaties and you hereby prospectively waive any challenges to the existence, ownership and enforceability the same. You shall not alter the Intellectual Property or trademarks provided by Storyy under this Agreement and you shall not use such proprietary content, components, and information except as expressly permitted by this Agreement. You agree not to directly or indirectly, attempt to, copy, create derivative works of, decompile, derive the source code of, disassemble, modify, reverse engineer, the Intellectual Property or register or use the trademarks any other marks that are confusingly similar to the Storyy trademarks.
SECTION 18 – LEGAL RELATIONSHIP
By this Agreement, no agency, employment, ownership, partnership, or joint venture relationship is formed between Storyy and you beyond that of a vendor and purchaser of goods and services.
SECTION 19 – CHOICE OF LAW AND FORUM
It is at the mutual agreement of both you and Storyy with regard to these Terms that the relationship between the parties shall be governed by the laws of the state of Utah without regard to its conflict of law provisions and that any and all claims, causes of action and/or disputes, arising out of or relating to these Terms, or the relationship between you and Storyy, shall be filed within the courts having jurisdiction exclusively within the County of Utah, state of Utah or the U.S. District Court located in said state, which courts will have exclusive jurisdiction over the dispute. You and Storyy agree to submit to the exclusive jurisdiction of the courts as previously mentioned, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
SECTION 20 – DAMAGES, INJUNCTIONS AND ATTORNEYS FEES
Should you breach any of the Terms, Storyy may bring legal action to recover damages caused by you for your breach of your obligations in the Terms. In addition, you agree that should you breach any of the Terms, that Storyy will have been irreparably harmed, entitling it to injunctive relief against you. In addition, you agree that the non-breaching party will be entitled to an award of reasonable attorneys fees and costs against the breaching party, incurred in connection with such legal action.
All notices which may or shall be given under these Terms shall be made by email to firstname.lastname@example.org (if made by you to Storyy) and to the end-user’s email address (if made by Storyy to you) and shall be deemed made at the moment the email is received. If either party has changes to its email address, an electronic or written notice thereof shall be given to the other party.