Terms of Service
These Terms of Service ("Terms") outline our obligations to you and specify your rights and responsibilities when using our services. We urge you to peruse them attentively and connect with us if you have any queries. These Terms include a mandatory arbitration provision in Section 16. If you don’t consent to these Terms, please refrain from using our services.
These Terms govern your access to and use of the products and services provided through or for storypro.io (collectively, "Services"). By accessing or using any segment of our Services, you agree to abide by all the Terms and all other operating rules, policies, and procedures that we may publish via the Services occasionally (collectively, the "Agreement").
The Services are operated by Story Pro DBA (hereinafter referred to as "StoryPro", "we", "us" or "our"), a company duly registered under the laws of Delaware, United States of America, with its primary place of business at 2093a Philadelphia Pike 182 Claymont, DE, 19703.
We may modify these Terms at any time, in our sole discretion. If we do so, we'll let you know either by posting the modified Terms on the Site or through other communications. It's important that you review the Terms whenever we modify them because if you continue to use the Services after we have posted modified Terms on the Site, you are indicating to us that you agree to be bound by the modified Terms. If you don't agree to be bound by the modified Terms, then you may not use the Services anymore.
If you disagree with a modification, you may discontinue your use of our Services or request us to stop providing our Services to you. By continuing to use our Services after a modification takes effect, you accept the revised Terms. The most recent version of these Terms is always available at https://www.storypro.io/tos.
1. Your Account
When an account is required to use our Services, you agree to provide us with complete and accurate information and to keep the information updated to ensure effective communication about your account. We may restrict your access to our Services until we can verify your account information, such as your email address.
Creating a StoryPro.io account is considered an inquiry about our products and services, implying we may also contact you to share more information about what we offer (i.e., marketing). However, you can always opt-out of marketing communications by contacting us via email or phone. You bear sole responsibility and liability for all activities occurring under your account, including the security of your account (which encompasses safeguarding your password).
2. Minimum Age Requirements
Our Services are not intended for use by children. If you're under the age of 13, or 16 in Europe, you're prohibited from accessing or using our Services. By registering or using our Services, you affirm that you're at least 13 (or 16 in Europe) and that you have the legal capacity to form a binding contract with Story Pro. If you're under the age of 18 (or the legal age of majority in your jurisdiction), you may use our Services only under the supervision of a parent or legal guardian who agrees to this Agreement and confirms that they have provided their consent. We do not knowingly collect or solicit personal data from anyone under the age of 13 (or 16 in Europe) or knowingly allow such individuals to register. If we become aware that we have collected personal data from a child under these ages without verification of parental consent, we will take steps to remove that information and deactivate the child's account.
3. Responsibilities of Users and Visitors
In using our Services, it's imperative to maintain a respectful and safe environment. As such, the posting of hostile or aggressive, harmful, harassing, defamatory, or otherwise objectionable content is strictly prohibited. This includes content that advocates hate, violence, racial or ethnic intolerance, and content that is sexually explicit, obscene, or contains depictions of violence.
We haven’t reviewed, and can’t review, all of the content (like text, photo, video, audio, code, computer software, items for sale, and other materials) posted to or made available through our Services by users or anyone else ("Content") or on websites that link to, or are linked from, our Services. We’re not responsible for any use or effects of Content or third-party websites. So, for example:
- We don’t have any control over third-party websites.
- A link to or from one of our Services does not represent or imply that we endorse any third-party website.
- We don’t endorse any Content or represent that Content is accurate, useful, or not harmful. Content could be offensive, indecent, or objectionable; include technical inaccuracies, typographical mistakes, or other errors; or violate or infringe the privacy, publicity rights, intellectual property rights, or other proprietary rights of third parties.
- You’re fully and solely responsible for the Content available on your website or through your platform and any harm resulting from that Content. It’s your responsibility to ensure that your website’s Content abides by applicable laws and these Terms, including our guidelines on prohibited content. Please read the User’s Guidelines carefully before posting any Content on your website.
- We aren’t responsible for any harm resulting from anyone’s access, use, purchase, or downloading of the Content or for any harm resulting from third-party websites. You’re responsible for taking the necessary precautions to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.
- Any Content that’s for sale through any of our Services is the seller’s sole responsibility, so you must look solely to the seller for any damages that result from your purchase or use of Content.
- We are not a party to, and will have no responsibility or liability for, any communications, transactions, interactions, or disputes between you and the provider of any Content.
You are solely responsible for
(i) Your and your authorized users’ access and use of our Services and compliance with these Terms,
(ii) Maintaining the confidentiality of your and your authorized users’ log-in information, credentials, and passwords associated with your account, and the privacy and security of your account,
(iii) Any monies due to you related to transactions that are processed through your payment gateways, merchant account providers, or any payment processors that you utilize in connection with our Services, and
(iv) All activities that occur regarding your account, regardless of whether the activities are undertaken by you, your employees, or a third party (including your contractors or agents). We are not responsible for any alteration, compromise, corruption, or loss of your customer data or any activity that arises from any access to, sharing, or use of your account, log-in information, credentials or passwords, or your activities, except to the extent caused by our breach of these Terms.
You agree to notify us immediately of any unauthorized access or use of your account, log-in information, credentials or passwords, or any unauthorized activity in your account. We have the right to suspend or terminate our Services without notice to you if we suspect any unauthorized activity.
You agree to cooperate with us in any investigation into suspected or actual unauthorized activity. You also agree to comply with all applicable laws, rules, and regulations in connection with your use of our Services, including data protection, privacy, data transmission, and export control laws, rules, and regulations.
You also agree to ensure that no content that violates our prohibited content policy, including hate speech or pornographic material, is allowed to be posted or shared on your platform.
It is also important to note that additional third-party terms and conditions may apply to the Content you download, copy, purchase, or use. You're responsible for complying with any such third-party terms.
4. Service Level
We will make commercially reasonable efforts to keep our services operational 24 hours a day and seven days a week, except for planned downtime (i) for maintenance, upgrades, and updates, for which we will use commercially reasonable efforts to provide at least 48 hours prior notice, or (ii) for unplanned downtime caused by any circumstance beyond our control, including acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems, failures in computer, hardware, telecommunications, internet service provider or hosting facilities, power shortages and denial of service attacks.
Despite our efforts, our services or any functionality may, from time to time, encounter technical or other problems and may not continue uninterrupted. We are not responsible for any such problems, interruptions, any ongoing obligation to offer our services or any functionality, or any damages resulting therefrom. We reserve the right to modify, suspend or discontinue all or any part of our services at any time for any reason without liability to you.
5. Users Outside of the United States
6. Payment & Renewal
5.1. General Terms
We will charge you a fee based on your account plan by charging your payment method in advance for the subscription term you have agreed to follow your account’s activation (hereinafter also referred to as "Paid Services"). Should you upgrade or downgrade your account plan, your payment method will be charged for your new billing rate. At the time of your upgrade or downgrade, your prior account plan charges will be prorated based on the number of days under the prior account plan. Your payment method will then be charged at your new billing rate for the new subscription term thereafter.
To the extent permitted by law, or unless explicitly stated otherwise, all fees do not include applicable federal, provincial, state, local, or other governmental sales, value-added, goods and services, harmonized or other taxes, fees, or charges ("Taxes"). You’re responsible for paying all applicable taxes relating to your use of our Services, your payments, or your purchases. If we’re obligated to pay or collect Taxes on the fees you’ve paid or will pay, you’re responsible for those Taxes, and we may collect payment.
If your payment fails, Paid Services are otherwise not paid for or paid for on time (for example, if you contact your bank or credit card company to decline or reverse the charge of fees for Paid Services), or we suspect a payment is fraudulent, we may immediately cancel or revoke your access to Paid Services without notice to you.
5.4 Automatic Renewal
To ensure uninterrupted service, recurring Story Pro subscriptions are automatically renewed. The date for the automatic renewal is based on the date of the original purchase and cannot be changed. Unless you notify Story Pro before the end of the applicable subscription period that you want to cancel your subscription, your Story Pro subscription will automatically renew, and you authorize us to collect the then-applicable annual or monthly subscription fee for such subscription (as well as any taxes) using any credit card or other payment mechanism we have on record for you.
5.5. Canceling Automatic Renewal
Subscriptions can be canceled at any time in the Account section of your site's dashboard.
5.6 Fees and Changes
We may change our fees at any time in accordance with these Terms and requirements under applicable law. This means that we may change our fees going forward, start charging fees for Services that were previously free, or remove or update features or functionality that were previously included in the fees. If you don’t agree with the changes, you must cancel your Paid Service.
5.7 Refund Policy
Unless indicated otherwise at the explicit discretion of Story Pro, all sales are final, and no refunds are provided for any products or services provided. All payment obligations are non-cancelable, and all amounts paid are non-refundable. We do not provide refunds or credits for less than 30 days of the Services or for a period when your account is open, but you do not use our Services. We reserve the right to change our fees and billing methods upon 30-days notice. We will notify you of any fee changes by, for example, sending a message to the email address associated with your account. For existing contracts for which fees have already been received by us, we will implement the price changes during the next renewal period.
We love hearing from you and are always looking to improve our Services. When you share comments, ideas, or feedback with us, you agree that we’re free to use them without any restriction or compensation to you.
7. General Representation and Warranty
Our Services are designed to give you control and ownership over your publications. We encourage you to express yourself freely, subject to a few requirements. In particular, you represent and warrant that your use of our Services:
- Will be in strict accordance with the Agreement;
- Will comply with all applicable laws and regulations (including, without limitation, all applicable laws regarding online conduct and acceptable content, privacy, data protection, the transmission of technical data exported from the United States or the country in which you reside, the use or provision of financial services, notification and consumer protection, unfair competition, and false advertising);
- Will not be for any unlawful purposes, to publish illegal content, or in furtherance of illegal activities;
- Will not be for any publishing or sharing of pornographic material;
- Will not infringe or misappropriate the intellectual property rights of Story Pro or any third party;
- Will not overburden or interfere with our systems or impose an unreasonable or disproportionately large load on our infrastructure, as determined by us in our sole discretion;
- Will not disclose the personal information of others;
- Will not be used to send spam or bulk unsolicited messages;
- Will not interfere with, disrupt, or attack any service or network;
- Will not be used to create, distribute, or enable material that is, facilitates, or operates in conjunction with malware, spyware, adware, or other malicious programs or code;
- Will not involve reverse engineering, decompiling, disassembling, deciphering, or otherwise attempting to derive the source code for the Services or any related technology that is not open-source; and
- Will not involve renting, leasing, loaning, selling, or reselling the Services or related data without our consent.
8. Copyright Policy and DMCA Policy
As we ask others to respect our intellectual property rights, we respect the intellectual property rights of others. If you believe any Content violates your copyright, please send us a notice at firstname.lastname@example.org ("Notice").
Please include the following with your Notice:
- the identity of the material on the website that you claim is infringing in sufficient detail so that we may locate it on the website;
- a statement by you that you have good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- your physical address, telephone number, and email address;
- a statement by you declaring under penalty of perjury that (i) the above information in your Notice is accurate, (ii) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that copyright owner; and (iii) that you have a good faith belief that the material on the website that you claim is infringing is not authorized by the intellectual property or copyright owner, its agent, or the law;
- your physical or electronic signature.
We reserve the right to remove, suspend, terminate access, or take other appropriate actions against users or visitors that we believe, in good faith, to be repeat offenders of our copyright policy hereunder. Please be aware that Story Pro does not determine copyright ownership in the event of a dispute. As required by law, we will remove Content from our website if we receive a complete and valid takedown notice. The party whose material has been removed can then respond with a counter-notice. If we receive a valid counter-notification, we will forward it to the person who submitted the original takedown claim. If the dispute continues, it will be settled by the parties involved.
9. Intellectual Property
The Agreement doesn’t transfer any Story Pro or third-party intellectual property to you, and all rights, title, and interest in and to such property remain (as between Story Pro and you) solely with Story Pro. Story Pro and all other trademarks, service marks, graphics, and logos used in connection with our websites or Services are trademarks or registered trademarks of Story Pro (or Story Pro's licensors). Other trademarks, service marks, graphics, and logos used in connection with our Services may be the trademarks of other third parties. Using our Services doesn’t grant you any right or license to reproduce or otherwise use any Story Pro or third-party trademarks.
10. Third-Party Products and Services
Our Services may contain or may contain links to third-party information, websites, products, services, or resources that are not owned or controlled by us. We do not endorse any such third-party content. If you access or use such third-party content through our Services, you do so at your own risk. You agree that we have no responsibility arising from your access to or use of any such third-party information, websites, products, services, or resources.
You agree that we may use your name and logo to identify you as a Story Pro customer on our website or in other sales or marketing materials, provided that we will not issue any press release without your prior consent.
We may update, change, or discontinue any aspect of our Services at any time. Since we’re constantly updating our Services, we sometimes have to change the legal terms under which they’re offered. The Agreement may only be modified by a written amendment signed by an authorized executive of Story Pro or if Story Pro posts a revised version. We’ll let you know when there are changes: we’ll post them here and update the "Last Updated" date, and we may also post on one of our blogs or send you an email or other communication before the changes become effective. Your continued use of our Services after the new terms take effect will be subject to the new terms, so if you disagree with the changes in the new terms, you should stop using our Services. To the extent you have an existing subscription, you may be eligible for a refund.
We may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. We have the right (though not the obligation) to, in our sole discretion,
(i) reclaim your username or website’s URL due to prolonged inactivity
(ii) refuse or remove any content that, in our reasonable opinion, violates any the Agreement or any Story Pro policy, or is in any way harmful or objectionable
(iii) ask you to make adjustments, restrict the resources your website uses, or terminate your access to the Services if we believe your website’s storage or bandwidth usage burdens our systems (which is rare and typically only occurs when a website is used for file-sharing or storage)
(iv) terminate or deny access to and use of any of our Services to any individual or entity for any reason. We will have no obligation to provide a refund of any fees previously paid. You can cancel at any time, subject to the Fees, Payment, and Renewal section of these Terms.
14. Warranty Disclaimer
Our Services are provided "as is." Story Pro and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement. Neither Story Pro nor its suppliers and licensors make any warranty that our Services will be error-free or that access thereto will be continuous or uninterrupted. You understand that you download from or otherwise obtain content or services through our Services at your own discretion and risk.
15. Jurisdiction and Applicable Law
Except to the extent any applicable law provides otherwise, the Agreement and any access to or use of our Services will be governed by the laws of the state of Delaware, U.S.A., excluding its conflict of law provisions. The proper venue for any disputes arising out of or relating to the Agreement and any access to or use of our Services that are not otherwise subject to arbitration (as indicated below) will be the state and federal courts located in New Castle County, Delaware.
16. Dispute Resolution
You agree to the following provisions regarding the resolution of disputes:
(a) Informal Dispute Resolution: Before filing a claim against Story Pro, you agree to try to resolve the dispute informally by contacting email@example.com. We'll attempt to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 30 days of submission, either you or Story Pro may initiate formal proceedings.
(b) Arbitration Agreement: Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any and all disputes arising under or related to this Agreement, including disputes related to the interpretation of this Agreement, will be resolved through arbitration. This arbitration will be conducted under the Delaware Rapid Arbitration Act. The arbitrators can either be mutually agreed upon by both parties, or appointed by the Court of Chancery upon a petition by one of the parties. The party that prevails in any action or proceeding to enforce this Agreement will be entitled to costs and attorneys’ fees.
(c) Waiver of Class Actions: You agree that disputes must be brought on an individual basis only. Unless prohibited by law, you may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.
(d) Acknowledgment of Rights: By entering into this Agreement, you acknowledge that you are giving up your right to go to court to assert or defend your rights, except for matters that may be taken to small claims court. You understand that you are agreeing to resolve disputes through arbitration, which can be a quicker and less formal process than going to court. However, your rights during arbitration will be the same as they would be in court and an arbitrator can award the same damages and relief as a court can.
(e) Severability: If any part of this Section 8 is found to be illegal or unenforceable, the remainder will remain in effect, except that if a finding of partial illegality or unenforceability would allow class or representative arbitration, this Section 8 will be unenforceable in its entirety.
Please note: your use of the Services represents your agreement to the terms of this Dispute Resolution section.
17. Limitation of Liability
To the maximum extent permitted by applicable law, in no event will Story Pro, or its suppliers, partners, or licensors, be liable with respect to any subject matter of the Agreement under any contract, negligence, strict liability, or other legal or equitable theory for: (i) any special, incidental, consequential or punitive damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; (iv) any Content generated, posted, uploaded or otherwise made available on or through the website or user’s platform by users; (v) any conduct or Content of any third party on the Services, including, without limitation, any defamatory, offensive, or illegal conduct of other users or third parties; (vi) any Content obtained from the Services; (vii) any violations of applicable privacy laws by users on their own platforms. Story Pro shall have no liability for any failure or delay due to matters beyond its reasonable control. The foregoing shall not apply to the extent prohibited by applicable law. In no event shall the aggregate liability of Story Pro, its suppliers, partners, or licensors, exceed the greater of one hundred U.S. Dollars or the amount you paid Story Pro, if any, in the past six (6) months for the Pais Services giving rise to the claim.
You agree, to the extent permitted by law, to indemnify and hold harmless Story Pro, its contractors, licensors, and their respective directors, officers, employees, and agents from and against any and all losses, liabilities, demands, damages, costs, claims, and expenses, including attorneys’ fees, arising out of or related to (a) your use of our Services, or any products or services provided by a third party in connection with the Services, even if recommended, made available, or approved by Story Pro; (b) your Content that you post, download, or make available in any other way, including infringement claims related to your Content; (c) any activities conducted through your or another user’s website or platform; (d) your breach of this Agreement or any applicable law or regulation; or (e) your negligence or willful misconduct.
19. US Economic Sanctions
You may not use the Services if such use is inconsistent with U.S. sanctions law or if you are on any list maintained by a U.S. government authority relating to designated, restricted, or prohibited persons.
The Agreement (together with any other terms we provide that apply to any specific Service) constitutes the entire agreement between Story Pro and you concerning our Services. If any part of the Agreement is unlawful, void, or unenforceable, that part is severable from the Agreement and does not affect the validity or enforceability of the rest of the Agreement. A waiver by either party of any term or condition of the Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
Story Pro may assign its rights under the Agreement without condition. You may only assign your rights under the Agreement with our prior written consent.
21. Contact Information
We may communicate with you via email at the email address associated with your account, our blog, or our website regarding your account, system updates, or other matters related to our Services and your account. You may opt out of receiving marketing emails by following the instruction in the email. If you have any questions about these Terms, or if you want to contact Story Pro for any reason, please mail us at Story Pro 2093 Philadelphia Pike #8180 Claymont, DE 19703, or email us at firstname.lastname@example.org.
Your notice must specify your name and your account. Each notice shall be effective upon receipt.