PLEASE READ THE FOLLOWING PRODUCT 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
PRODUCTS OR 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 303, Orem UT 84058. These Terms supersede and void all previous agreements for use of Storyy’s services. OVERVIEW This Product 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, in your individual capacity (collectively, “user, “Client,” “you” or “your”). You are personally bound by this Agreement unless you or Storyy terminates the Agreement consistent with Section 6 below. 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 (the “Products”) we offer through http://www.storyy.co (the “Site”). Any new features, tools, Services or Products which are offered through or 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 When purchasing or using any of Storyy’s Products or Services, you agree to abide by the Terms under the Storyy Website Terms of Service. The purpose of the Site is to inform you of the Products and Services that Storyy offers to sell to you. Storyy will sell its Products and Services to you on the Terms outlined herein. Storyy and you anticipate that you will use Storyy’s Products and Services to create information which is useful for your business
(collectively, “user input information”). Provided that your account is current and Storyy has
received payment in full, the user input information belongs to you and not Storyy. However, you
understand and agree that Storyy may use the user input information to improve and enhance
Storyy’s Products and Services, including but not limited to, conducting product research,
utilizing AI, gathering marketing statistics, and creating content examples. You also understand
and acknowledge that Storyy may share this user input information with its affiliate and
subsidiary companies via social media and other mediums, consistent with Storyy’s Privacy
Policy, for the purposes of, among other things, sharing offers, promotions, and content
examples to Storyy’s user base. If there is particular user input information that you want Storyy
to exclude from sharing, promoting, or using to improve Storyy’s Products and Services, or
sharing with its affiliate and subsidiary companies, you must notify Storyy in writing at
team@storyy.co by specifically identifying the user input information to be excluded within
twenty-four (24) hours of you posting the user information content on any social media site.
By purchasing or using Storyy’s Products or 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 Products or Services. Specifically, the Products and 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 Products or Services for any illegal or unauthorized purpose nor
may you violate any laws in your jurisdiction involving the purchase or use of our Products or
Services. By purchasing or using our Products or 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 Products and Services.
A breach or violation by you of any of these Terms or of any of Storyy’s other Terms of Service,
including its Website Terms of Service, will result in an immediate termination of your right to
purchase or use any of Storyy’s Products or 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 Products
or Services;
2. Change, suspend or discontinue all or any part of our Products or Services;
3. Deactivate or delete your accounts;
4. Establish general practices and limits concerning the purchase or use of our Products
and 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 Products or 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 TERMS; NON-EXCLUSIVE, LIMITED LICENSE TO
PRODUCTS
You accept these Terms when you use or purchase any of our Products or 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 or more of
its Products and 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 the 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 additional Products and 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 Products or Services
for any purpose other than for their intended uses, and not to share, copy, or otherwise
re-distribute the Products or Services 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 be used by
you and only you. Concurrent or simultaneous use on two or more computers owned or leased
by you is prohibited.
d) Under these Terms, Storyy offers the following 30-day risk free guarantee (the “Guarantee”)
to new users: i you will receive a full refund if your written instructions are not followed by
Storyy’s fulfillment team based on the directions in your project submission, provided your
refund is requested within 30 days of sign-up. To qualify for this Guarantee, you must have
completed your Brand Notes, made Brand Information accessible to Storyy within the Storyy app,
made a project submission to Storyy, and made at least one revision request to Storyy before any
relevant content is approved or posted on your behalf. Once your content has been approved and
posted, Section 6 shall apply.
SECTION 3 – CREATING AN ACCOUNT
Once you create an account with Storyy, you are registered on the Storyy Site and may
purchase our Products and 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 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:
a) furnish factual, correct, current and complete information regarding yourself as may be
requested by the data registration process; and
b) 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 Products and/or Services, you hereby acknowledge,
understand and agree that all content included in the Products and Services purchased from
Storyy, whether the content is publicly or privately posted and/or transmitted, is the sole
responsibility of the individual from whom the content originated. The views and opinions that
may be expressed in the content are those of the individual from whom the content originated
and are not the views of, nor are they endorsed by, Storyy.
You acknowledge, understand, and agree that by uploading or submitting any content to Storyy,
you represent and warrant that you have all required and proper licensing and permissions to
utilize that content for and in the Products and Services provided by Storyy. You acknowledge,
understand, and agree that it shall not be Storyy’s responsibility to obtain any required licenses
or permissions to use the content you upload or submit to Storyy, and Storyy shall not be liable
for any errors or omissions in the content you provide, or for your failure to obtain the requisite
licensing and permissions for the content you upload or submit to Storyy. Any loss or damage of
any kind incurred by you as a result of your use of the content you uploaded or submitted to
Storyy for use with Storyy’s Products or Services may not be attributed to and shall not be the
responsibility of Storyy and you expressly waive any and all rights to claim otherwise.
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 Products or Services for any purpose other than for their
intended uses, and not to share, copy, or otherwise re-distribute the Products or 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 one copy of the Products or Services may be used by you and only you.
SECTION 5 – TERMS OF SUBSCRIPTIONS
You authorize Storyy to invoice you and process your Credit Card for payment for the Products
or Services used by you 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 Products and 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. If you fail to submit payment in full for content created by Storyy,
Storyy shall retain all rights in such content until full payment has been made.
SECTION 6 – TERM AND TERMINATION OF ACCOUNT
This Agreement shall become effective on the date you access or purchase Products or
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 pursuant to
Section 21 herein no later than thirty (30) calendar days prior to the end of the Initial Term or
any additional term. If the cancellation notice is not timely delivered at least thirty (30) calendar
days before the end of the Initial Term or any additional term, you will remain responsible for
payment under this Agreement for thirty (30) calendar days following Storyy’s receipt of your
cancellation notice. Deleting your Storyy app does not constitute a written cancellation or
termination notice.
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 these Terms or any other Storyy Terms of Service, 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 Products or 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 Products or Services herein;
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 Products and Services.
SECTION 7 – LIMITED WARRANTY OF SERVICES
Storyy provides the following limited warranty for its Services under these Terms: If you notify
Storyy within seven (7) days of an error in a video, graphic, or other written content created by
Storyy on your behalf under these Terms, Storyy shall, within seven (7) days, correct the error.
The foregoing limited warranty, however, is limited to actual errors in the video, graphic, or
written content created by Storyy according to the user’s applicable Service and the original
written 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 limited warranty, and
payment from the user shall be required to make such edits or revisions. Once a project has
been approved by you and marked as complete, no further revisions shall be permitted under
these Terms without the agreement of Storyy and additional payment.
SECTION 8 – FEES AND PAYMENT
A current fee schedule for the Products and Services can be found on Storyy’s Site, and the
applicable fee and cost for such Products and 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.
SECTION 21 – NOTICES
All notices which may or shall be given under these Terms shall be made by email to
team@storyy.co (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.