Terms of Service

Key points

• The Service is intended for Business Users, not Consumers.
• The right of withdrawal described below applies only to European Consumers.
• Refunds are covered by our Refund Policy, which forms part of these Terms.

User requirements

By using the Service, you confirm that you are using it for purposes related to your trade, business, craft or profession, and that you do not qualify as a Consumer.

Account registration

To use the Service you must register an account and provide complete and truthful information. You are responsible for keeping your login credentials confidential and for choosing a strong password.

You are fully responsible for all activity under your account. If you believe your personal information or login credentials have been disclosed, stolen or misused, you must tell us straight away at support@storyproof.io.

Account termination

You can close your account at any time from your workspace settings or by contacting us at support@storyproof.io.

Account suspension and deletion

We may suspend or delete any account we consider inappropriate, offensive or in breach of these Terms, at any time and without notice.

Suspension or deletion of an account does not entitle you to any compensation, damages or refund. You remain liable for fees that were due at the time, even if your account is suspended or deleted because of your conduct.

Content on the Service

Unless stated otherwise or clearly recognizable, all content on storyproof.io and in the StoryProof application is owned or provided by us or our licensors.

We make every effort to ensure that this content does not infringe applicable law or third-party rights. If you believe it does, please tell us at support@storyproof.io.

Rights regarding our content

We hold and reserve all intellectual property rights in our content. You may not copy, download, share, modify, translate, publish, transmit, sell, sublicense, edit, transfer or create derivative works from it, or allow any third party to do so.

Where explicitly stated on the Service, you may download, copy and share some content for personal, non-commercial use, provided the copyright attribution is kept. Statutory limitations and exceptions to copyright are not affected.

Your content and testimonials

You keep all ownership rights to the testimonials, logos, media and other content you collect, import or upload through your StoryProof account. You grant us a non-exclusive, worldwide, royalty-free license to host, store, transcode, process and display that content, only as needed to operate the Service for you, including your collection links and widgets.

You are responsible for the content in your account. You confirm that you have the rights and consents needed to collect, import, publish and display it, including the consent of the people who appear in or submitted each testimonial.

Access to external resources

Through the Service you may access resources provided by third parties, such as review platforms you import from or tools you connect. We have no control over those resources and are not responsible for their content or availability. Their own terms apply to them.

Acceptable use

The Service may only be used within its intended scope, in accordance with these Terms and applicable law. You are solely responsible for making sure your use of the Service does not break any law, regulation or third-party right.

In particular, you may not use the Service to collect, publish or display fake, fraudulent or misleading reviews or testimonials, defamatory or hateful content, or content that infringes copyright or other rights.

We may take any appropriate action to protect our legitimate interests, including denying you access to the Service, terminating the Agreement or reporting misconduct to the competent authorities, if you:

• break any law, regulation or these Terms;
• infringe any third-party rights;
• considerably impair our legitimate interests;
• offend us or any third party.

Software license

All intellectual or industrial property rights in the software and technology behind the Service are held by us and our licensors.

Provided you comply with these Terms, we grant you a revocable, non-exclusive, non-sublicensable and non-transferable license to use the software within the scope and for the purposes of the Service. This license does not give you any right to access, use or disclose the original source code. All rights and license grants end immediately when the Agreement ends.

Paid products

Some parts of the Service are provided on a paid basis through the Starter, Pro, Agency and Enterprise plans. The fees, duration and conditions that apply are described on our pricing page and in this section.

Product description

Prices, descriptions and availability of plans are shown on the Service and may change without notice. Product characteristics are confirmed during the purchasing process.

Purchasing process

To purchase a plan, you choose it, review the details shown, and submit your order. Submitting an order concludes the contract and creates an obligation to pay the price, taxes and any further fees shown on the order page. You will receive a confirmation by email, and all notifications about your purchase are sent to the email address on your account.

Prices

Before you submit an order, you are told about all fees, taxes and costs you will be charged. Prices may be shown inclusive or exclusive of taxes, depending on the page you are viewing.

Offers, discounts and coupons

We may offer discounts or special offers, including through coupon codes. They are subject to the eligibility criteria and conditions stated with them and are granted at our sole discretion. A repeated or recurring offer does not give you a right to that offer in the future.

Unless stated otherwise, a coupon must be used in full at the time of purchase, cannot be combined with other coupons, cannot be exchanged for cash, and expires at the end of its stated validity period.

Methods of payment

Accepted payment methods are shown during the purchasing process. All payments are processed by a third-party payment provider. We never receive your full card details, only confirmation that the payment succeeded.

If a payment fails or is refused, we are not obliged to provide the paid plan. Any costs or fees caused by a failed or refused payment are borne by you.

Retention of usage rights

You do not acquire any right to use a paid plan until we have received the full purchase price.

Performance of services

A paid plan is made available as soon as your payment has been received.

Trial period

New accounts start with a 7-day free trial on the Free plan, at no cost and without payment details. Some features may not be available during the trial.

The trial ends automatically and never converts into a paid plan unless you actively purchase one.

Subscriptions

Paid plans are open-ended subscriptions billed monthly or annually. A subscription starts on the day we receive payment and renews automatically at the end of each billing period. To keep your subscription active, the recurring fee must be paid on time. Failure to pay may interrupt the Service.

Cancelling a subscription

You can cancel at any time from the billing screen in your workspace, or by sending a clear cancellation notice to support@storyproof.io. Cancelling stops your subscription from renewing. You keep access to your paid plan until the end of the period you have already paid for, and you are not charged again.

Refunds

Paid plans come with a 30-day money-back guarantee on the first payment for a plan. The full conditions are set out in our Refund Policy at storyproof.io/refund-policy.

Who the right of withdrawal applies to

Unless an exception applies, Users who are European Consumers have a statutory right under EU rules to withdraw from contracts concluded online within 14 days, for any reason and without justification. Users who do not qualify as European Consumers do not benefit from the rights in this section.

Exercising the right of withdrawal

To withdraw, send us a clear statement of your decision to withdraw from the contract before the withdrawal period expires, by email to support@storyproof.io or by post to the address above. You may use the model withdrawal form in the Definitions section, but you do not have to.

When the withdrawal period expires

For the purchase of a service, the withdrawal period expires 14 days after the day the contract is entered into, unless you have waived the right of withdrawal.

Effects of withdrawal

If you withdraw correctly, we will reimburse all payments made to us without undue delay, and in any event no later than 14 days from the day we are informed of your decision. We will use the same means of payment you used for the original transaction, and you will not be charged any fees for the reimbursement.

If you asked for the service to start during the withdrawal period, you must pay an amount proportional to the part of the service provided up to the time you told us you were withdrawing, compared with the full contract.

Australian users: limitation of liability

Nothing in these Terms excludes, restricts or modifies any guarantee, condition, warranty, right or remedy you may have under the Competition and Consumer Act 2010 (Cth) or any similar State or Territory legislation that cannot be excluded, restricted or modified. To the fullest extent permitted by law, our liability to you, including for breach of such a right, is limited, at our sole discretion, to re-performing the services or paying the cost of having them supplied again.

US users: disclaimer of warranties

THE SERVICE IS PROVIDED STRICTLY ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND YOU USE IT AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS.

WITHOUT LIMITING THE ABOVE, WE AND OUR SUBSIDIARIES, AFFILIATES, LICENSORS, OFFICERS, DIRECTORS, AGENTS, PARTNERS, SUPPLIERS AND EMPLOYEES DO NOT WARRANT THAT THE CONTENT IS ACCURATE OR RELIABLE; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT IT WILL BE AVAILABLE AT ANY PARTICULAR TIME OR PLACE, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WE DO NOT WARRANT, ENDORSE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY LINKED WEBSITE, AND WE ARE NOT A PARTY TO ANY TRANSACTION BETWEEN YOU AND A THIRD-PARTY PROVIDER.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE. THESE DISCLAIMERS DO NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

US users: limitations of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE OR OUR SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, PARTNERS, SUPPLIERS AND EMPLOYEES BE LIABLE FOR:

• ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SERVICE;
• ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS TO OR USE OF THE SERVICE, YOUR ACCOUNT OR THE INFORMATION IN IT;
• ANY ERRORS, MISTAKES OR INACCURACIES OF CONTENT;
• ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE;
• ANY BUGS, VIRUSES OR SIMILAR THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICE;
• ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR
• THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OR THIRD PARTY.

IN NO EVENT SHALL OUR TOTAL LIABILITY FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS EXCEED THE AMOUNT YOU PAID US UNDER THESE TERMS IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.

THIS LIMITATION APPLIES TO THE FULLEST EXTENT PERMITTED BY LAW, WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.

US users: indemnification

You agree to defend, indemnify and hold harmless us and our subsidiaries, affiliates, officers, directors, agents, partners, suppliers and employees from and against any claims, demands, damages, obligations, losses, liabilities, costs, debts and expenses, including legal fees, arising from:

• your use of and access to the Service, including any data or content you transmit or receive;
• your breach of these Terms, including any of the representations and warranties in them;
• your violation of any third-party right, including any right of privacy, publicity or intellectual property;
• your violation of any law, rule or regulation;
• any content submitted from your account, including testimonials, and including access by third parties using your credentials;
• your wilful misconduct.

No waiver

Our failure to assert any right or provision under these Terms does not waive that right or provision. No waiver is a further or continuing waiver of that term or any other term.

Service interruption

To provide the best possible service, we may interrupt the Service for maintenance, system updates or other changes, and will inform you appropriately.

Within the limits of the law, we may also suspend or end the Service altogether. If the Service ends, we will help you retrieve your personal data and content in accordance with applicable law.

The Service may also be unavailable for reasons outside our reasonable control, such as force majeure, infrastructure failures or power outages.

Service reselling

You may not reproduce, duplicate, copy, sell, resell or exploit any part of the Service without our express prior written permission, given directly or through a legitimate reseller program.

Privacy policy

To learn how we use personal data, please read our Privacy Policy at storyproof.io/privacy-policy.

Intellectual property rights

All intellectual property rights related to the Service, including copyrights, trademarks, patents and design rights, and all trademarks, trade names, service marks, logos and images shown in connection with StoryProof, are the exclusive property of StoryProof LLC or its licensors and are protected by applicable law and international treaties.

Changes to these Terms

We may amend or modify these Terms at any time, and will inform you appropriately when we do. Changes only affect our relationship with you from that point forward.

Continuing to use the Service means you accept the revised Terms. If you do not wish to be bound by the changes, you must stop using the Service. The previous version governs the relationship before your acceptance, and you can ask us for a copy of it.

Assignment of contract

We may transfer, assign, dispose of by novation or subcontract any of our rights or obligations under these Terms, taking your legitimate interests into account. You may not assign or transfer your rights or obligations under these Terms without our written permission.

Contacts

All communications about the use of the Service must be sent to support@storyproof.io or to the postal address in this document.

Severability

If any provision of these Terms is or becomes invalid or unenforceable under applicable law, the remaining provisions stay in full force and effect.

For US users, any invalid or unenforceable provision will be interpreted and reformed to the extent reasonably required to make it valid and enforceable while keeping its original intent. These Terms are the entire Agreement between you and us on their subject matter and replace all prior communications and agreements.

For EU users, the parties will try in good faith to agree on valid provisions to replace any that are void or unenforceable. Failing that, the applicable statutory provisions apply. The invalidity of one provision does not affect the whole Agreement unless that provision is essential to it.

Governing law

These Terms are governed by the laws of the State of Wyoming, United States, where we are based, without regard to conflict of laws principles.

However, if you qualify as a European Consumer and your country of habitual residence provides a higher standard of consumer protection, that higher standard prevails.

Venue of jurisdiction

The courts of the State of Wyoming, United States, have exclusive jurisdiction over any dispute arising from or connected with these Terms. This does not apply to Users who qualify as European Consumers, or to Consumers based in Switzerland, Norway or Iceland.

Dispute resolution

You can bring any dispute to us and we will try to resolve it amicably. Your right to take legal action is not affected. Please send a short description of the issue, with the details of the related order or account, to support@storyproof.io. We will handle your complaint without undue delay.

The European Commission provides an online dispute resolution platform for out-of-court resolution of disputes about online contracts. European Consumers, and Consumers based in Norway, Iceland or Liechtenstein, can use it at https://ec.europa.eu/consumers/odr/.

Model withdrawal form

To: StoryProof LLC, 30 N Gould St Ste N, Sheridan, Wyoming 82801, USA, support@storyproof.io

I/We hereby give notice that I/we withdraw from my/our contract for the provision of the following service:

• Service: ____________________
• Ordered on: ____________________
• Name of consumer(s): ____________________
• Address of consumer(s): ____________________
• Date: ____________________
• Signature (only if this form is sent on paper): ____________________