TERMS OF USE AND LICENSE, PRIVACY POLICY, AND DATA PROCESSING AGREEMENT

Please read these Terms of Use and the included License, Privacy Policy and our Data Processing Agreement (together, the “Terms,” “Terms of Use” or “Agreement”) carefully before using this web site (“Site”) or using the services, content and products (“Services”) offered through this Site. These Terms set forth the terms and conditions of your use of this Site and the Services, and contain important information regarding your legal rights and remedies, including information about future changes to these Terms, the license and fee requirements to which you are agreeing, limitations of liability and other important legal matters. The words “you”, “your”, “user” or “customer” refers to any individual or entity who accepts these Terms by using the Site or the Services found at the Site. If you are agreeing to these Terms of Use on behalf of a corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to these Terms of Use, in which case the terms “you”, “your”, “user” or “customer” shall refer to such corporate entity. Nothing in these Terms of Use shall be deemed to confer any third-party rights or benefits.

By your use of this Site, you accept all of the terms and conditions described in these Terms of Use.  Using this Site indicates that you accept these terms.  If you do not accept these terms, please exit and do not use this Site. BY CLICKING ON THE “I AGREE” BUTTON OR ACCESSING OR USING THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ THESE TERMS AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT CLICK ON THE “I AGREE” BUTTON AND DO NOT ACCESS THIS WEBSITE OR USE ANY SERVICES.  By clicking on “I agree” (or by using the Site), you represent and warrant that you are of legal age to form a binding contract with Storyline. If you do not meet these requirements, you must not request Services or access or use the Site. All information we collect from you whether through the Site, a registration process or otherwise, is subject to our Privacy Policy.  You consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Storyline AI Inc (“Storyline,” the “Company,” “we” or “us”) reserves all rights that are not expressly granted to you in these Terms of Use.  We reserve the right to change these Terms of Use at any time, without notice to you.  Your continued use of this Site or the Services following any such changes will constitute your acceptance of any such changes.  Each time that you access or use this Site you signify that you have read, understand, and agree to be bound by these Terms. Accordingly, you should visit this page from time to time to review the then-current terms because they are binding on you.  Certain provisions of these terms may be superseded or supplemented by expressly designated legal notices or terms located on particular pages at this site.

YOUR ACCOUNT

In order to utilize certain parts of the Site or Services, you will be asked to create an account (“Account”) by providing certain personal information such as your name, email address, physical address, payment information, account preferences and other relevant information. The Privacy Policy explains how such information may be collected and used. When you use Services from us, you accept these Terms of Use and the specific terms applicable to those Services. You are entirely responsible for maintaining the confidentiality of your password and Account and agree not to disclose any login or password for use of the Services to anyone other than authorized employees.

Upon creating your Account and by accessing the Services, you consent to having this Agreement provided to you in electronic form and that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirements that such communications be in writing. When you create your Account you may be asked for your telephone and mobile telephone number so that we may contact you regarding importation information about Services and your account, and to provide special offers to you. You expressly consent to our communicating with you about our Services using the contact Information you provided to us. You also attest that you have the legal authority over any telephone number you provide to us and can provide us with the authorization to contact you. This means we may contact you, in person or by recorded message, by e-mail, telephone and/or mobile telephone number (including use of automated dialing equipment), text (SMS) message, or any other means of communication that your wireless or other telecommunications device may be capable of receiving.

An account is available only to users who have completed the information required by the Site’s enrollment form. As an Account holder, you agree to provide true, accurate, current, and complete information about yourself as prompted by the Site’s enrollment form. We reserve the right to revoke or prohibit your Account for any reason at any time, without notice, but, in particular, upon any violation of any of these Terms of Use or the Privacy Policy.

You are responsible for maintaining the confidentiality of your Account and password. You may not share your password with third parties. You agree to accept responsibility for all activities that occur under your account or password. You agree to immediately notify us in the event of any unauthorized use of your account or other breach of security.

SERVICES

Storyline provides data analytic and processing Services. We have the right to modify the Services from time to time and at any time in our discretion. Your right with respect to any dissatisfaction with any modifications made pursuant to this provision of the Services is to stop using those Services.

LICENSE TO USE SERVICES

Commencing as provided under the Term and Cancelation provisions below, Storyline grants you a nonexclusive, nontransferable, revocable, limited license to access and use the Services and information available through the Site, strictly subject to and in accordance with these Terms and the limitations and restrictions described herein.  Storyline reserves the right to terminate this license at any time and for any reason.

You specifically agree that you will not sell, resell, lease, license, sublicense, or otherwise commercialize or provide all or any part of the Services or any of the information provided through the Services. You agree that you will not, unless specifically permitted by us (i) copy, display or distribute any part of the Services or Site without our prior written consent, or (ii) alter or modify any part of the content herein other than as may be reasonably necessary to use it for their intended purpose. You further agree that you will not use any automated devices, such as spiders, robots or data mining techniques to download, store or otherwise reproduce, store or distribute content or to manipulate our applications, Site, or Services. 

TERM AND CANCELATION

You may not commence accessing services until you have opened an Account and we receive all documents necessary to begin the Services and notify you that your Account is active. The term of this Agreement will continue on a month to month basis until terminated by either party, or such longer period as you may agree to. You may cancel your Account at any time by contacting us via the contact information below. When you cancel, your participation will continue through the rest of the current month. At the end of that period, your Account will not renew automatically, and you will lose the right to use the Services provided hereunder. Your failure to comply with any of the Terms will result in automatic termination of your rights and license hereunder, with or without prior notice. Upon termination of cancellation, you must immediately destroy all copies of any downloaded materials in its possession or control. You may not assign or transfer the license granted hereunder and may not lease, sublicense, assign or transfer any of the rights, duties or obligations hereunder.

FEES

You agree to pay a monthly fee for the Services as then in effect.  You will be able to reference the pricing options from within the “Manage Subscription” section under “Account Settings” in your Account.  We will bill you for your online Account using the billing information you provide (your “Billing Account”). A one-month term is agreed by each member to be a 30-day period. You agree to pay us all charges at the prices then in effect for your use of the Services using your Account, and any applicable taxes, and you authorize us to charge your chosen payment provider (your “Payment Method”) for the Services. You agree to make payment using that selected Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method (the “Payment Method Provider”). If we do not receive payment from your Payment Method Provider, you agree to pay all amounts due on your Account upon demand. In the event we are advised of insufficient funds in your account or credit to cover your payment by credit card, we may re-present such uncleared or rejected payment to your Payment Method Provider. We reserve the right to correct any errors or mistakes even if we have already requested or received payment and to update your information from available third-party sources. Because of the access granted to you while your Account remains active, all monthly or yearly charges are NON-REFUNDABLE. All prices are in United States Dollars and do not include Internet service provider, telephone, and other connection charges.

NO TAX, LEGAL, OR ACCOUNTING ADVICE

The Services and information on this Site are not intended to provide tax, legal or accounting advice.  You should not rely on this Site to make any tax, legal or accounting decisions.  The information is not intended to replace advice from your attorney, accountant or other service provider regarding any questions that you may have concerning your legal, tax or accounting issues.

SITE CONTENT

We are providing this Site and the information and material contained herein on an “as is” and “as available” basis.  This Site might contain errors or inaccuracies and may not be free from viruses.  Your use of this Site and your reliance upon any information or material contained herein is at your own risk. You specifically agree not to distribute any of the Site content without our prior written permission. Except as expressly set forth herein, we do not make any representations about the accuracy, completeness, timeliness, legality in your jurisdiction, reliability, currency, quality or suitability of this Site or any information or material contained herein.  This Site and the information and material contained herein is provided to you without any warranties, express, statutory or implied other than as express set forth herein or agreed to by us in writing.  Without limiting the foregoing, ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, ARE HEREBY EXPRESSLY DISCLAIMED.

LEGAL RIGHTS IN SITE AND SERVICES

The content on the Site and the Services found at the Site, including without limitation the text, software, scripts, source code, graphics, photos, videos and interactive features and the trademarks, service marks and logos contained therein, are owned by or licensed to Storyline, and are subject to copyright, trademark, and/or patent protection in the United States and foreign countries, and other intellectual property rights under United States and foreign laws. You should assume that all contents of this Site are copyrights unless otherwise noted. Names mentioned herein may be the trademarks of Storyline or of other companies or persons.  Your use of this Site constitutes your agreement that you have no rights to use any such trademarks without the prior written consent of Storyline.

USE OF SITE AND SERVICES

You may not use materials on this Site or provided with the Services in a manner that is inconsistent with these Terms.  You may freely view and use this Site and download material solely for your permitted uses hereunder, provided that you retain all copyright notices and other proprietary notices contained in the original downloaded materials or any copies of the materials.   However, you may not otherwise use, modify, display, copy, download, distribute, reproduce, retransmit or create derivative works from, the materials at this site or that you download from this site, without the prior written consent of Storyline.  Nothing in this Site creates, by implication, estoppel, or otherwise, any license or right under any patent, copyright, trademark or other intellectual property right of Storyline or of any third party.  You agree not to circumvent, disable or otherwise interfere with the security-related features of the Site or the Services (including without limitation those features that prevent or restrict use or copying of any content) or enforce limitations on the use of the Site or the Services or the content therein.

Any unauthorized use of any materials at this site may violate copyright, trademark, and other laws.  Breach of any of these terms results in termination of your authorization to use this Site, and upon a breach, you must immediately destroy any downloaded or printed materials. No logo, graphic, sound or image may be copied or retransmitted, without our written consent.

As a condition of your use of this Site or the Services, you represent to Storyline that you will not use this Site or the Services for any purpose that (i) is prohibited by these terms, conditions, and notices, (ii) is illegal, or promotes or encourages illegal activity; (iii) promotes, encourages or engages in defamatory, harassing, abusive or otherwise objectionable behavior; (iv) promotes, encourages or engages in child pornography or the exploitation of children; (v) promotes, encourages or engages in hate speech, hate crime, terrorism, violence against people, animals, or property, or intolerance of or against any protected class; (vi) promotes, encourages or engages in any spam or other unsolicited bulk email, or computer or network hacking or cracking; (vii) infringes on the intellectual property rights of another user or any other person or entity; (viii) violates the privacy or publicity rights of another user or any other person or entity, or breaches any duty of confidentiality that you owe to another user or any other person or entity; (ix) contains false or deceptive language, or unsubstantiated or comparative claims, regarding us, the Site or the Services.  You may not use this Site in any manner that could damage, disable or impair this Site or interfere with any other party’s use and enjoyment of the Site.  You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

In addition, You may not use the Site or Services in any manner that: (i) imposes an unreasonable or disproportionately large load on the Site’s infrastructure, or otherwise adversely affects, restricts or inhibits any other user from using and enjoying the Site; (ii) introduces a virus or other harmful component to the Site; (iii) constitutes or contains false or misleading indications of origin or statements of fact including but not limited to impersonating any other person; (iv) contains any virus, Trojan horse, worm, time bomb, cancelbot or other similar harmful or deleterious programming routine; (v) results in the transmission of any information, data, text, images, links, files, etc., except in connection with your authorized use of the Site or (vi) results in the harvesting of any information concerning other users of the Site.

We may change, suspend or discontinue any aspect of the Site or the Services at any time, including the availability of any Site feature, Services or content (including without limitation prices and fees for the same). We may also impose limits on certain features and services or restrict your access to parts or the entire Site or Services without notice or liability.

Due to technical difficulties with the Internet, Internet software or transmission problems could produce inaccurate or incomplete copies of information contained on the Site. Computer viruses or other destructive programs may also be inadvertently downloaded from the Site and Services.

Storyline does not claim ownership of any materials or information that you may provide to us via this Site (including questions or other communications) or post, upload or submit to us.  However, by posting, uploading, or providing your submission, you are granting Storyline and its affiliates and licensees permission to use your submission in connection with Storyline’ business, including, without limitation, the rights to:  copy, distribute, transmit, reproduce, edit, translate and reformat your submission.

By providing your submission, you represent and warrant to us that you own or otherwise control all of the rights to your submission, including, without limitation, all the rights necessary for you to provide the submissions.

LINKS TO THIRD PARTY SITES

We provide certain links to other Sites.  When you click on these links, you leave Storyline’ Site.  The links are provided as a service to users and are not sponsored by, affiliated with or controlled by Storyline.  You access any such links at your own risk.  Storyline makes no representations or warranties about the content of these links, or about the terms of use or privacy policies that may apply to such other sites.  The inclusion of a link does not imply endorsement by Storyline of the linked Site.

LIMITATION OF LIABILITY

IN NO EVENT WILL STORYLINE, ITS EMPLOYEES, OR ANY THIRD PARTIES INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS SITE, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF, OR RELATED TO, YOUR ACCESS, USE, OR INABILITY TO USE, OR THE RESULTS OF USE, OF THIS SITE OR THE SERVICES, ANY WEB SITES LINKED TO THIS SITE, OR THE MATERIALS OR INFORMATION CONTAINED AT ANY OR ALL SUCH SITES, OR ANY ERRORS OR OMISSIONS IN SUCH CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  IF YOUR USE OF THIS SITE OR THE SERVICES RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF.  APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.  IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES RESULTING FROM: (1) THE SITE FAILING TO OPERATE UNINTERRUPTED OR ERROR FREE; (2) DEFECTS OR ERRORS IN THE SITE; (3) VIRUSES OR OTHER HARMFUL COMPONENTS; OR (4) INACCURATE SITE CONTENT.IN THE EVENT OF ANY PROBLEM WITH THIS WEB SITE OR ANY INFORMATION OR MATERIAL CONTAINED ON THIS SITE, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS SITE.

IN NO EVENT SHALL THE TOTAL LIABILITY OF STORYLINE, OR ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DISTRIBUTORS, SUPPLIERS, OR THIRD PARTIES PROVIDING SERVICES FOR THE SITE OR THE SERVICES, TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OR INABILITY TO USE THE SITE, SERVICES OR CONTENT WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNT YOU PAID TO US IN CONNECTION WITH THE APPLICABLE EVENT, OR PURCHASE GIVING RISE TO SUCH LIABILITY.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

APPLICABLE LAWS

The Site and Services is administered by Storyline from its offices, and may be operated from servers, located in the State of California.  These Terms of Use will be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of laws.  All users of this Site expressly consent to the exclusive jurisdiction of the state or federal courts located in Sacramento, California, without regard to the conflicts of laws principles of any other state or country.  

INDEMNIFICATION

As a condition of use of this Site or the Services, you, the user, agree to indemnify Storyline, our subsidiaries and affiliates, and their officers, directors, employees and agents, and its content providers (together, “indemnified parties”), from and against any and all liabilities, losses, damages and expenses, including attorneys’ fees, arising out or relating to your use of this Site, including, without limitation, any claims alleging facts that if true would constitute a breach by you of these Terms or unauthorized use by you of this Site or the Services.  You agree to cooperate as reasonably required in the defense of any such claim.  We reserve the right, at our expense, to assume the defense and control of any claim with respect to which an indemnified party may be entitled to indemnification hereunder.

INTERNATIONAL USE

Although accessible by others, this Site is primarily intended for access and use by United States residents.  We make no representation that information on the Site is appropriate or available for use outside the United States. Those who choose to access the Site from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.  Storyline makes no representation that materials at this Site are appropriate or available for use outside the United States, and access to them from territories where their contents are illegal is prohibited.   You may not use, export or re-export the materials at this Site or any copy or adaptation in violation of any applicable laws or regulations, including, without limitation, United States export laws and regulations.

GOVERNING LAW AND VENUE

These Terms shall be governed by and construed in accordance with the laws of the State of California without application of conflict of laws rules. The parties hereby irrevocably consent to the exclusive jurisdiction of the State of California and agree that any litigation arising out of this agreement, whether in arbitration or judicial proceedings, shall be conducted in Sacramento County, California.

LINKS

The Site may contain links and pointers to other websites and resources. Links to and from the Site to other web sites maintained by third parties, do not constitute an endorsement by us or any of our affiliates of any third-party website or content. We are not responsible for the availability of these third-party resources or their contents and in no event shall any reference to any third party, third party website or product be construed as an endorsement or approval. You should direct any concerns regarding any external link to its website administrator or webmaster.

MISCELLANEOUS

The agreement reflected in these Terms of Use and any specific terms or plan set forth in a separate written agreement signed by you and us (“Written Terms or Plan”) constitutes the entire agreement between you and Storyline and governs your use of this Site and the Services.  This agreement and any Written Terms or Plan supersede any previous agreements or provisions between Storyline and you concerning use of this Site.  Our failure to exercise or enforce any provision of these Terms of Use does not constitute a waiver of such provision.  No waiver shall be enforceable unless it is in writing and signed by the party against whom enforcement is sought.  If any portion of these Terms of Use are held to be unenforceable, the portion will be interpreted so as to be enforceable to the maximum extent permitted under applicable law, and all other provisions of these Terms of Use shall continue to be enforceable to the maximum extent permitted under applicable law. The section headings in these Terms of Use are for convenience only and must not be given any legal import.

The Site may contain typographical errors or inaccuracies and may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions (including after an order has been submitted) and to change or update information at any time without prior notice. Please note that such errors, inaccuracies or omissions may relate to pricing and availability, and we reserve the right to cancel or refuse to accept any order placed based on incorrect pricing or availability information. We apologize for any inconvenience. 

All contents are of Storyline and are copyright 2022 Storyline AI Inc..  All Rights Reserved.

CONTACT US

Please contact us by email at:  support@storyline.com.