These are the terms (“Terms”) of use for the StoryTemple software (“Software”). The Software entails avideo-editing tool to record, edit and distribute stories on a personal, interactive and engaging manner. Allmaterials created through the use of the Software shall hereinafter be called “Your Content”.
The Software is developed and exploited by StoryTemple BV, having its registered offices at Schoterweg 20, in(2021 HM) Haarlem, the Netherlands, registered at the Dutch Chamber of commerce under registrationnumber 75405245 (“StoryTemple”).
When we refer to “User(s)” we mean you as the user of the Software.
1. Use of the Software
1.1. By agreeing to these Terms, you’re agreeing that you will comply with, and only use the Software as described in, these Terms.
1.2. If you comply with these Terms, we grant you the right to install and use one copy of the Software per device on a worldwide basis for use by only one person at a time as part of your use of the Software ("License”).
1.3. The software is licensed, not sold, and StoryTemple reserves all rights to the Software not expressly granted to you by StoryTemple in these Terms.
1.4. Except as expressly provided under these Terms, StoryTemple does not grant you a license or any other rights of any type under any patents, know-how, copyrights, trade secrets, trademarks or other intellectual property owned or controlled by StoryTemple or any related entity, including but not limited to any name, trade dress, logo or equivalents.
1.5. This license does not give you any right to, and you may not:
a) circumvent or bypass any technological protection measures in or relating to the Software;
b) disassemble, decompile, decrypt, hack, emulate, exploit, or reverse engineer any software or other aspect of the Software that is included in or accessible through the Software, except and only to the extent that the applicable copyright law expressly permits doing so;
c) separate components of the Software for use on different devices;
d) publish, copy, rent, lease, sell, export, import, distribute, or lend the Software, unless StoryTemple expressly authorizes you to do so;
e) transfer the Software, any Software licenses, or any rights to access or use the Software;
f) use the Software in any unauthorized way that could interfere with anyone else’s rights or gains unauthorized access to any service, data, account, or network.
1.1. By agreeing to these Terms, you furthermore agree that, when using the Software, you will not:
a) use the Software for anything illegal, fraudulent, false or misleading, or libelous or defamatory.
b) infringe upon the rights of others (e.g., unauthorized sharing of copyrighted music or other copyrighted material or photographs).
c) circumvent any safety or accessibility restrictions of the Software;
d) use the Software to send spam or engage in phishing;
e) publicly display or use the Software to share inappropriate content or material (involving, for example, nudity, bestiality, pornography, offensive language, graphic violence, or criminal activity) or Your Content or material that does not comply with local laws or regulations;
f) engage in activity that is harmful to you, the Software or others (e.g., transmitting viruses, stalking, posting terrorist or violent extremist content, communicating hate speech, or advocating violence against others);
g) engage in activity that violates the privacy or data protection rights of others;
h) help others break these rules.
1.1. If you violate these Terms, StoryTemple may, in its sole discretion, stop providing Software to you and/or we may close your StoryTemple account. When investigating alleged violations of these Terms, StoryTemple reserves the right to review Your Content in order to resolve the issue, and you hereby authorize such review. In the event Your Content violates these Terms, StoryTemple shall be entitled to remove Your Content.
2. Your Privacy
2.1. We care about the privacy of the Users of our Software. Please read our privacy statement here (the "Privacy Statement") in which we describe the types of data we collect from you and your devices ("Data"), how we use your Data, and the legal bases we have to process your Data.
3. Your Content
3.1. Your Content remains your content and you are responsible for it. StoryTemple does not have any control over Your Content and does not take any responsibility for it.
3.2. You warrant that you have (and will have) all the rights necessary for Your Content that is created, uploaded, stored, or shared on or through the Software and that the collection, use, and retention of Your Content will not violate any law or rights of others. StoryTemple does not own, control, verify, pay for, endorse or otherwise assume any liability for Your Content and cannot be held responsible for Your Content or the material others upload, store or share using the Software.
3.3. Your Content cannot be accessed or watched by other Users, your admin or the public in general, unless you share the link to Your Content. The only other user who can see your data is an organization admin.
3.4. If you publish Your Content in areas or on other platforms or websites where it is available broadly online without restrictions, Your Content may appear in demonstrations or materials that promote that Service.
4. Using the Software
4.1. You’ll need a StoryTemple account to use the Software. Your StoryTemple account lets you sign in to the Software application and websites provided by StoryTemple.
4.2. You can create a StoryTemple account by signing up online. You agree not to provide or use any false, inaccurate or misleading information when signing up for your StoryTemple account. If you create a StoryTemple account on behalf of an entity, such as your business or employer, you represent that you have the legal authority to bind that entity to these Terms. It is not possible to transfer your StoryTemple account credentials to another user or entity. To protect your account, do not share your account details and password with other people. You are responsible for all activity that occurs under your StoryTemple account.
4.3. By creating a StoryTemple account and/or using the Software, you accept and agree to be bound by these Terms and represent that you have either reached the age of "majority" or "legal responsibility", or your parent or legal guardian agrees to be bound by these Terms on your behalf.
4.4. When you create an account with a work email address, you agree that your use of the StoryTemple Software may be subject to the (additional) agreements StoryTemple has with you, your organization or your employer, and that these Terms may not (fully) apply.
4.5. You must use your StoryTemple account to keep it active. This means you must sign in at least once every 12 months. If you don’t sign in during this period, we will assume your StoryTemple account is inactive and will close it for you.
4.6. If we reasonably suspect that your StoryTemple account may be used unauthorized by a third party (for example, as a result of an account compromise), StoryTemple may suspend your account until you can reclaim ownership. Based on the nature of the compromise, we may be required to disable access to some or all of Your Content for safety reasons.
4.7. You can cancel the use of the Software or close your StoryTemple account at any time and for any reason. To close your StoryTemple account, please visit admin.storytemple.com or contact your company admin if you do not have administration rights.
4.8. Each company shall at least have one User with admin rights.
4.9. Admin rights shall enable you to:
a) add and remove user accounts for yourself and employees that are part of the same company;
b) access the analytics information (metadata) regarding the content created by the Users of the same company, without having access to the content itself;
c) create new identities.
4.10. If your StoryTemple account is closed (whether by you, your admin or us):
a) your right to use the StoryTemple account to access the Software stops immediately, and
b) we’ll delete Data or Your Content associated with your StoryTemple account or will otherwise disassociate it from you and your StoryTemple account (unless we are required by law to keep it, return it, or transfer it to you or a third party identified by you). StoryTemple won’t be able to retrieve Your Content or Data once your account is closed.
1.1. To be able to use the Software, you may need an internet connection and/or data/cellular plan. You might also need additional equipment, like a headset, camera or microphone. You are responsible for providing all connections, plans, and equipment needed to make optimal use of the Software and for paying any (additional) fees connected herewith.
1.2. When we need to inform you about the Software, we’ll send you Service notifications to the email address you provided during the registration of your StoryTemple account. We may also send you Service notifications by other means (for example by in-product messages).
5. Service Availability & Support
5.1. We strive to keep the Software up and running; however, all online Software can suffer occasional disruptions and outages. StoryTemple is not liable for any disruption or loss you may suffer as a result. In the event of an outage, you may not be able to retrieve all of Your Content or Data.
5.2. The Software might not be compatible with software provided by third parties. We guarantee the compatibility of the following browsers:
● Chrome version 80 and further
● Firefox version 74 and further
● Microsoft edge version 80 and further
● IOS version 14 and further
● Safari version 14.1 and further
5.3. Customer support for the Software is available at support@storytemple.com. Support may not be available for preview or beta versions of features or Software.
5.4. By contacting customer support and requesting help with regard to Your Content, you allow StoryTemple to access Your Content. To the extent necessary to provide you with the requested support, you grant StoryTemple a worldwide, royalty-free license to view and modify Your Content.
6. Updates to the Software or Software, and Changes to These Terms.
6.1. We may change these Terms at any time, and will inform you before we do so by email, to the address provided by you during the registration of your StoryTemple account.
6.2. By using the Software after the changes become effective you agree to the new terms. If you do not agree to the new terms, you must stop using the Software, close your StoryTemple account and/or, if you are a parent or guardian, help your minor child close his or her StoryTemple account.
6.3. Sometimes you will need software updates to keep using the Software. We may automatically check your version of the Software and download software updates or configuration changes. You may be required to update the Software to continue using is. All updates are subject to these Terms unless other terms accompany the updates, in which case, those other terms shall apply in addition to these Terms, unless stated otherwise. You may withdraw your consent to future Software updates at any time by uninstalling the Software.
6.4. StoryTemple isn't obligated to make any updates available and doesn't guarantee that the (version of the) system for which you obtained a license for the use of the Software shall be supported.
7. Payment Terms
7.1. By acquiring a License, you agree to the following payment terms that shall be applicable.
7.1.1. You agree to pay the fee for the use of the Software (“License Fee”) in the currency specified.
7.1.2. The License Fee is charged in advance of the applicable subscription period.
7.1.3. We may suspend or cancel your License if we do not receive an on time, full payment from you. Suspension or cancellation of the License Fee for non-payment could result in a loss of access to and use of your account and its content.
7.1.4. When you obtain a License on a subscription basis (e.g., monthly, quarterly or annually), you agree that you are authorizing recurring payments. Recurring payments of the License Fee will be made to StoryTemple by the method and at the recurring intervals you have agreed to, until the License for the Software is terminated by you or by StoryTemple. You must cancel your License before the next billing date to stop being charged for the use of the Software. We will provide you with instructions on how you may cancel your License.
7.2. We may change the price of the License Fee. Price changes will become effective at any time and if you have a recurring purchase, we will notify you by email, at least 15 days before the price change. If you do not agree to the price change, you must cancel and stop using the Software before the price change takes effect. If there is a fixed term and price for the use of your Software, that price will remain in force for the fixed term.
7.3. From time to time, StoryTemple may offer the Software for free for a trial period or pilot, or at a discounted rate. StoryTemple reserves the right to terminate your access to the Software and charge (at the normal rate) if StoryTemple determines (in its reasonable discretion) that you are abusing the terms of the offer.
7.4. If you are taking part in a pilot or trial-period offer, you may be required to cancel the trial Service(s) within the timeframe communicated to you when you accepted the offer in order to avoid being charged to continue the Service(s) at the end of the trial period.
8. Term and Termination
8.1. The minimum duration of your license is 30 days. You have the option to choose between a monthly, quarterly or yearly License.
8.2. You may cancel your License at any time, with or without cause. Cancelling paid Software stops future charges to continue the Service;
8.3. If you cancel, your access to the Software ends at the end of your current Service period or, if we bill your account on a periodic basis, at the end of the period in which you canceled. If you initiate a chargeback or reversal with your bank for your payment of Software, we will deem you to have canceled as of the date that the original payment was made, and you authorize us to immediately cancel your service and/or revoke any content that was provided to you in exchange for such payment.
9. Warranties
9.1. StoryTemple, including its affiliates and resellers do not make warranties with respect to the use of the Software.
9.2. Use of the Software is at your own risk and you remain fully liable for Your Content.
10. Limitation of Liability
10.1. StoryTemple is not responsible or liable for any failure to perform, or delay in performing, its obligations under these Terms, to the extent that the failure or delay is caused by circumstances beyond StoryTemple’s reasonable control (such as labor disputes, natural disaster, pandemics, war or terrorist activity, accidents or compliance with any applicable law, regulation or government order).
10.2. StoryTemple shall not be liable for indirect loss, consequential losses or damages, loss of actual or anticipated profits, loss of actual or anticipated income, lost savings, reduced goodwill, loss due to business interruption, loss as a result of claims of your customers, loss of contract or business or other losses or damages arising from your use of the Software, or the (temporary) unavailability to use the Software.
10.3. To the extent permitted by the applicable law, the aggregated liability of StoryTemple is limited to the amount paid by you in license fee for the use of the Software, which amount can never be higher than the amount covered by StoryTemple’s insurance company.
11. Miscellaneous
11.1. Section headings are for reference only and have no legal effect.
11.2. To the extent permitted by applicable law, we may assign these Terms, subcontract our obligations under these Terms, or sublicense our rights under these Terms, in whole or in part, at any time without notice to you.
11.3. Your license is personal. You may not assign these Terms or transfer any rights to use the Software.
11.4. These Terms supersede any prior agreements between you and StoryTemple regarding your use of the Software.
11.5. The conditions of these Terms apply to the maximum extent permitted by law. If a court holds that we can't enforce a part of these Terms as written, we will replace those terms with similar terms to the extent enforceable under the relevant law. The rest of these Terms won't change or be affected.
12. Governing law and jurisdiction
12.1. These Terms shall be governed by the law of the Netherlands, with the exclusion of the UN Convention for the International Sale of Goods (CISG).
12.2. Any and all disputes with Users that are private persons, not acting in the course of a trade, business or profession, shall be decided by the competent court in the Netherlands, unless any rule or regulation of mandatory law describes otherwise.
12.3. In case of disputes with other Users than the users described in article 12.2 of these Terms, the following applies in case of a dispute.
1.1.1. If the User, or the company the User works for, has its registered offices within the territory of the European Union, disputes will be exclusively subject to the ruling of the competent courts in the district of Amsterdam, the Netherlands;
1.1.2. If the User, or the company the User works for, has its registered offices outside the territory of the European Union, disputes will be exclusively submitted to the Dutch Arbitration Institute in the Netherlands, and settled under the Rules of this Arbitration Institute (NAI Rules) to the examination of one arbitrator, location of arbitration in Amsterdam, the Netherlands, in the English language, and under the rules of law. StoryTemple will at all times remain entitled to seek preliminary or injunctive relief before local courts if it may deem such necessary or appropriate, which rights will in no way harm or affect to the NAI arbitration under this clause.
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