Storied.ai Terms of Service
Last Updated: June 16, 2020
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INTRODUCTION & DEFINITIONS
Thank you for visiting the Storied.ai website and mobile application. By accessing or using any Storied.ai products, software, and services provided to you (the “Service” or “Services”), whether automated or otherwise, you (“Customer”) agree to be bound by these terms of service, the Storied.ai Privacy Policy and any additional terms and conditions that are referenced below (“Terms” or “Agreement”). Please read these Terms carefully before using the Services. If you do not agree to be bound by all of these Terms, you may not use the Services.
Your access to and use of the Services are conditioned on your acceptance of and compliance with these Terms. Your registration for and/or use of the Services shall be deemed to be your agreement to abide by these Terms, including any requirements or policies available on the Storied.ai website incorporated by reference herein, including but not limited to Storied.ai’s Privacy Policy accessible at https://www.storied.ai/privacy
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We reserve the right, at our sole discretion, to modify, add or delete portions of these terms at any time by posting updated Terms of Service on the Storied.ai website. Please check these terms frequently for updates. Any modifications, additions or deletions to these terms shall be effective immediately upon posting of updated Terms of Service.
THESE TERMS CONTAIN WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR POTENTIAL LIABILITY TO YOU. PLEASE READ THESE TERMS IN THEIR ENTIRETY. By accessing or using the Services you agree to be bound by these Terms. If you disagree with any part of these Terms then you may not access the Service.
Privacy
We respect your privacy. Please see our Privacy Policy. By visiting this Site and accessing and using the Services, you consent to our collection and use of your personal information as set forth in the Privacy Policy.
Acceptance of Agreement
Welcome to Storied.ai. This agreement (“Agreement”) describes your rights and responsibilities related to your use of Storied.ai’s website, mobile apps, platform, and services as a registered member, and what you can expect from us.
These Terms govern your access and use of the Services offered by Storied.ai and any information displayed on the Platform. By using the Services, you are indicating your acceptance of this Agreement, which thereby becomes a binding contract between you and Storied.ai. You represent that you are legally able to accept these Terms, and affirm that you are of legal age to form a binding contract. You represent that you are a natural being (human, corvine, bovine, or vulpine) and not a corporation, partnership, limited liability company, or other forms of entity.
Storied.ai’s acceptance is expressly conditioned upon your assent to all the terms and conditions of this Agreement. The Services are not intended for and should not be used by anyone under the age of 13. By using the Services, you represent and warrant that you meet the foregoing eligibility requirement.
The terms “you,” “your,” “yourself” shall also include your employees, agents, business representatives and any other individuals that you provide access to the Services through your Account (as defined below). You are responsible for ensuring that all persons who access the Services through your account are aware of these Terms and comply with them.
Storied.ai reserves the right to revise and update these Terms from time to time in its sole discretion. All changes are effective immediately when posted. Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
ACCESS & USE OF THE SERVICE
Service Description
Storied.ai is the private social network for family and friends to tell life stories. We hope that people will use Storied.ai to solicit and share stories and life milestones in private, member-based groups. Milestones, story questions, and stories may be assigned to a specific date or date range on a timeline.
All members in the private group can see content from all other members. Any member of a private group can invite another user. Users in a group may also receive notifications when users in that private group create new content.
Our Services uses speech recognition technology to transform voices into legible text. Storied.ai technology makes voice conversations searchable like email or other text communications. Storied.ai enables any user in a private group to download conversations and associated transcripts.
Mobile Services
The Service includes certain services that are available via a mobile device, including (i) the ability to upload content to the Service via a mobile device, (ii) the ability to browse the Service and the Site from a mobile device and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices.
Storied.ai is not responsible for any text-message or data related costs you or any user on your account incur through the use of the Services. Not all cell phone plans have free / unlimited texting so please check your plan details carefully prior to signing up for the Service.
We will make the Services available to you. You are responsible for making all arrangements necessary for you to have access to the Services, including the high-speed internet.
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LICENSE & RESTRICTIONS
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Storied.ai hereby grants you a non-exclusive, non-transferable, limited, revocable, worldwide right to use the Service solely for your own internal, non-commercial purposes, subject to these Terms. You agree not to incorporate the technology or software of the Service into your commercial products or services as a service offering from you or any third party to create, manage, run and find groups.
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All rights not expressly granted to you are reserved by Storied.ai and its licensors.
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You agree not to (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service in any way; (ii) modify or make derivative works based upon the Service; (iii) embed the Service as a frame from within another application; or (iv) reverse engineer or access the Service in order to (a) build a competitive product or service, (b) build a product using ideas, features, functions or graphics that are similar to those related to the Service, or (c) copy any ideas, features, functions or graphics of the Service.
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You agree not to: (i) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (ii) interfere with or disrupt the integrity or performance of the Service or the data contained therein, or Storied.ai’s website; (iii) attempt to gain unauthorized access to the Service or its related systems or networks; or (iv) take any action that imposes an unreasonably or disproportionately large load on Storied.ai’s infrastructure.
REGISTRATION & ACCOUNT SECURITY
Accessing Your Account
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You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
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You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
To use certain features or areas of the Services, you will be required to provide personal and/or demographic information as part of a registration or login process and to create an account (“Account”). In addition, certain features of the Services are only available to our registered users, and to access those areas of the Services you will be required to log in using your username and password. In connection with such registration, Storied.ai may refuse to grant you, and you may not use, a username (or email address) or screen name that is already being used by someone else, that may be construed as impersonating another person, that belongs to another person, that violates the intellectual property or other rights of any person, that is offensive, or that Storied.ai rejects for any other reason in its sole discretion.
You agree to provide true, accurate, current and complete information about yourself as prompted by the applicable registration or login form, and you are responsible for keeping such information up-to-date (this includes your contact information, so that we can reliably contact you). The information you submit must describe you (you may not impersonate another person or entity), and you may not sell, share or otherwise transfer your account information. If you provide any information that is untrue or inaccurate, not current, or incomplete, or if Storied.ai suspects that your information is untrue or inaccurate, not current, or incomplete, Storied.ai may, in its sole discretion, suspend or terminate your right to access any material for which registration is required. Any personally identifiable information supplied hereunder will be subject to the terms of the Storied.ai Privacy Policy.
If you choose, or are provided with a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential. You are responsible for all activity occurring when the Services are accessed through your account, whether authorized by you or not. We are not liable for any loss or damage arising from your failure to protect your password or Account information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time at our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.
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RULES OF CONDUCT
You and others that you record are solely responsible for any content that becomes part of the Customer Data (as defined below). If you submit materials, recordings, videos, pictures, or files (“Customer Data”), you affirm, represent, and warrant that any processing of such Customer Data by Storied.ai will not violate any applicable laws or regulations, and that such content shall not, and you will not upload, transmit, or contribute anything that violates these rules.
These are rules of conduct that you must follow when you use the Services:
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Legal: You must not:
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Use the Services in any way that violates any applicable federal, state, local, or international law or regulation;
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Promote any illegal activity, or advocate, promote, or assist any unlawful act;
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To solicit others to perform or participate in any unlawful acts; to upload, post, email or otherwise transmit material that provides instructional information about illegal activities;
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You may not remove, obscure or alter any proprietary rights notices (such as copyright or trademark notices) which may be affixed to or contained within the Service.
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Infringes any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person;
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Distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods and services;
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Infringe upon or violate Storied.ai’s intellectual property rights or the intellectual property rights of others;
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Technology: You must not:
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Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
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Spam, phish, pharm, pretext, spider, crawl, or scrape;
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Upload content that contains any virus, malware, spyware or other harmful content or code, or materials that otherwise violate this Agreement.
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To interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet; or
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“Harvest” (or collect) information from the Platform using an automated software tool or manually on a mass basis (unless we have given you separate written permission to do so);
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Use automated means to access the Platform, or gain unauthorized access to the Platform or to any account or computer system connected to the Platform;
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Obtain, or attempt to obtain, unauthorized access to areas of the Platform or our systems;
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“Flood” the Platform with requests or use the Services in any manner that could disable, overburden, damage, or impair the Platform;
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Circumvent or reverse engineer the Platform or its systems;
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Manipulate or forge identifiers in order to disguise the origin of any information posted on the Platform or otherwise provided to us or our employees;
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Identity: You must not:
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Impersonate or attempt to impersonate Storied.ai, a Storied.ai employee, another user, or any other person or entity;
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You may not post, upload or transmit any messages or materials anonymously or under a false name or a false email address.
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Provide any information to us that is false or misleading, that attempts to hide your identity or that you do not have the right to disclose;
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Behavior: You must not:
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Harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
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Harm minors in any way; this may include, but is not limited to, uploading, posting, ordering books for print, emailing or otherwise transmitting or communicating any content that violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct;
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Post content that contains any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable;
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Violate the legal rights (including the rights of publicity and privacy) of others or submit any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and our Privacy Policy;
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Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person, or engage in any other conduct that interferes with anyone’s use or enjoyment of the Services, or which, as determined by us, may harm Storied.ai or users of the Services or expose them to liability.
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The Services provide a feature that allows you to record individual voices or conversations. The laws regarding the notice and notification requirements of such recorded conversations vary by location. It may be an offense in your jurisdiction to record other individuals without their prior written consent. It is your responsibility to follow applicable foreign, federal and local laws when using such feature, including informing the participants in your meetings that the discussion is being recorded. We absolutely do not condone the use of our Services for illegal purposes.
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Children under the age of thirteen (13) are NOT eligible to participate in the Service, even with parental consent.
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Storied.ai is not responsible or liable for any materials posted or uploaded to Storied.ai website or app by you or others. Storied.ai cannot verify the accuracy of statements that users place on the Storied.ai app or website, and does not guarantee that any material posted, uploaded or transmitted has been done with the permission of the copyright or proprietary owner or is otherwise in compliance with the rules of the Storied.ai Terms of Service.
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The use of the Services is done at your own discretion and risk and with the agreement that you will be solely responsible for Customer Data and the consequences of recording, submitting and publishing Customer Data on or through the Services.
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Monitoring and Enforcement]
By using the Service, you agree to abide by these rules. You acknowledge that Storied.ai has the right (but not the obligation) to pre-screen, review, filter, modify, refuse, delete, edit or remove material that it deems, in its sole discretion, to be in violation of the rules of the Storied.ai Terms of Service, or which it otherwise, in its sole discretion, considers to be objectionable.
You further acknowledge that Storied.ai has the right (but not the obligation) to limit or terminate access to the Service for any reason, including violation of the rules of the Storied.ai Terms of Service.
We may review conduct for compliance purposes. We are not responsible for the content of any of your materials, recordings, videos, pictures, data, information, content, or files (“Customer Data”) or the way you choose to store or process any Customer Data on the Platform. If we determine that removal of content is necessary, we will make every effort to do so within a reasonable time frame. However, making deletions or other corrections is a manual process and may not happen immediately.
We reserve the right to terminate your use of the Service or any related website for violating the terms and conditions herein.
We reserve the right to investigate and take appropriate legal action in our sole discretion against anyone who violates these Terms. We have the right to:
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Remove any Customer Data;
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Take any action with respect to any Customer Data that we deem necessary or appropriate in our sole discretion, including if we believe that such Customer Data violates the Terms, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users or the public, or could create liability for Storied.ai;
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Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services; or Terminate or suspend your access to all or part of the Services for any reason, including without limitation, any violation of these Terms.
Without limiting the foregoing, we have the right to cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Platform. YOU WAIVE AND HOLD HARMLESS STORIED.AI AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review any material before it is uploaded to or posted on the Platform, and cannot ensure prompt removal of objectionable material. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
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CONTENT
Content That You Submit
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You acknowledge and agree that all content is created on a restricted membership timeline. All approved users of that timeline have to the data that you submit through the Service.
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You own the rights to all content you submit to a timeline that you have joined. This may include timelines where you are not the primary Storyteller.
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You are responsible for the content that you post to the Service, including its legality, reliability, and appropriateness. You acknowledge that Storied.ai does not pre-screen, control, edit or endorse Content made available through the Service and has no obligation to monitor the Content posted via the Service.
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Customer retains all ownership rights in Customer Data. However, by transmitting, uploading or posting Customer Data on or through the Services, you hereby grant Storied.ai a perpetual, worldwide, non-exclusive, royalty-free, license to access, process, copy, export, use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with our Services), communicate, publish, publicly perform, publicly display and distribute such content, and display Customer Data, (a) to provide, maintain and update the Services; (b) to prevent or address service, security, support or technical issues; (c) as required by law; and (d) as expressly permitted by Customer. Customer represents and warrants that it has secured all rights in and to Customer Data as may be necessary to grant this license.
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You represent and warrant that: (i) the content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity.
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Storied.ai will not use any User Content you provide to a group for any purpose other than to provide the Services, for the operation of the Services and to otherwise improve or enhance the Services.
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Respect Your Group Members’ Privacy. We believe that providing a group of family and friends with a place where they can communicate privately among themselves will help them tell more interesting stories. This is why your group manages its own membership. In order to ensure that the privacy expectations of group members are respected, you may not:
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share with a third party or post a member’s information (e.g. name, address, phone number, email address) without their permission;
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repost information or Content posted on Stories.ai without the posting member’s permission;
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repost (either on or outside of Storied.ai) the content of another member’s private message without the author’s permission; or
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gather, collect or aggregate information from Storied.ai, either manually or by using automation (such as through scripts, robots, crawlers, spiders or similar technologies) for use outside of Nextdoor or attempt to access information you do not have permission to access.
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Content That Storied.ai Owns
The contents of the Storied.ai website are protected by U.S. and international copyright laws. You may not reproduce, distribute, transmit, display, prepare derivative works, or perform any copyrighted material from the Storied.ai website without the prior written consent of Storied.ai, except as provided below. Any other use of content contained or displayed on the Storied.ai requires prior written permission from Storied.ai. For permission requests, contact us.
Storied.ai materials
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The Services, including the Platform and its entire contents, features, and functionality (including, but not limited to, all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by Storied.ai, its affiliates, licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Storied.ai, its affiliates and licensors are and shall continue to be the sole and exclusive owner of all right, title and interest in and to all intellectual property rights associated with the Services. You must not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Platform or the Services unless explicitly authorized in these Terms or by the owner(s) of the materials.
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We grant to Customer a non-sublicensable, non-transferable, non-exclusive, limited license to use the Services in accordance with this Agreement and its intended purposes only. Except for allowing you to use the Services as set forth herein, you are not receiving any other license or any other rights, including intellectual property or other proprietary rights of Storied.ai. You understand that you have no rights to the Platform or Services or any other Storied.ai property except as indicated in these Terms. All of our rights not expressly granted by this license are hereby retained.
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Storied.ai (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Service and its original content (excluding content entered into timelines by users as licensed to Storied.ai as above), features, functionality, and any aggregated metrics, data and trends compiled by or for Storied.ai.
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Storied.ai claims exclusive rights to the Storied.ai name, the Storied.ai logo, and the product and service names associated with the Service. No right or license is granted to use trademarks of Storied.ai or third parties. Trademarks, Storied.ai copyrighted material (including questions), and trade dress may not be used in connection with any product or service without the prior written consent of Storied.ai.
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Storied.ai appreciates hearing from you, as well as our other users, and welcomes your comments and feedback regarding our Service. If you send us creative suggestions, questions, ideas, other ideas, drawings, concepts, feedback or other information (collectively, the "Submissions"), such Submissions will be the property of Storied.ai. In addition, none of the Submissions will be subject to any obligations of confidentiality and Storied.ai will not be liable for any future use or disclosure of such Submissions.
Copyright & DMCA Notice
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law.
If you believe that any content uploaded or posted to, or otherwise made available on the Services infringes upon any copyright which you own or control, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C. § 512(c)(3) for further detail).
Please include your name, mailing address, telephone number, email address, and direct your notification to support@storied.ai or by regular mail to: Storied.ai, Strassburger Str. 9, Berlin 10405, Germany
If you believe in good faith that a notice of copyright infringement has been wrongly filed by Storied.ai against you, the DMCA permits you to send Storied.ai a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the Service should be sent to Storied.ai for notice of claims.
Links To Other WebSites
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Our Service may contain links to third-party web sites or services that are not owned or controlled by Storied.ai.
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Storied.ai has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services.
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Storied.ai does not endorse the content, operators, products or services of such sites, and Storied.ai is not responsible or liable for the content, operators, availability, accuracy, quality, advertising, products, services or other materials on or available from such sites.
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You further acknowledge and agree that Storied.ai shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
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We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
PRODUCTS & SERVICES
About Software in our Services
When a Service requires or includes downloadable software, this software may update automatically on your device once a new version or feature is available. Some Services may let you adjust your automatic update settings.
Storied.ai gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Storied.ai as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Storied.ai, in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.
Some software used in our Services may be offered under an open source license that we will make available to you. There may be provisions in the open source license that expressly override some of these terms.
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Modification & Limitation of Service
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You agree that Storied.ai may establish general practices, policies and limits, which may or may not be published, concerning the use of the Service, including without limitation the maximum number of timeline entries and photos that may be sent from an account, the length of timeline entries, and the maximum number of photos contained within an account and/or timeline.
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You agree that Storied.ai has no responsibility or liability for the failure to store any content transmitted by or through the Service. You agree that Storied.ai has the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
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You can stop using our Services at any time. Storied.ai may also stop providing Services to you, or add or create new limits to our Services at any time.
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We believe that you own your data and preserving your access to such data is important. If we discontinue a Service, where reasonably possible, we will give you reasonable advance notice and a chance to get information out of that Service.
COMMUNICATION
In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications.
TERM & TERMINATION
Use & Storage
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You acknowledge that Storied.ai may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on Storied.ai’s servers on your behalf.
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You agree that Storied.ai has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service.
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You acknowledge that Storied.ai reserves the right to terminate accounts that are inactive for an extended period of time.
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We may terminate or suspend your access to or ability to use any and all Services at any time, without prior notice or liability, for any reason or no reason. In particular, Storied.ai may immediately terminate or suspend your Account if you are in breach of these Terms or if your Account has been flagged for copyright infringement.
Termination
You may stop using our Services at any time. Upon termination, your right to use the Service will immediately cease.
If, in our sole judgment, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate Service at any time without notice and you will remain liable for all amounts due up to and including the date of termination, and we may deny you access to our Services (or any part thereof).
Termination of your access to and use of the Services shall not relieve you of any obligations arising or accruing prior to such termination or limit any liability that you otherwise may have to Storied.ai or any third party.
All provisions of the Terms which by their nature shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Closing Your Account
You may request that Storied.ai close your account. Storied.ai’s account closure policy is as follows:
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To safeguard against mistaken account deletions, Storied.ai’s policy is to remove all personally identifiable information from the account holder, other than phone number, rather than deleting all content, so that an account could be restored at a future date without loss of content. Upon receipt of a second request from you to specifically delete your content, Storied.ai will acknowledge and perform your request.
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When your account is deleted, only your own profile information and submissions (e.g. voice, transcriptions, milestones on your timeline, etc.) are deleted.
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The content created by others who have contributed user-generated data on a timeline will be maintained until which time they request to close their own account are described in the Terms.
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WARRANTY DISCLAIMER
YOUR USE OF THE SERVICES, THE PLATFORM, AND ANY CONTENT OR PRODUCTS THEREIN IS AT YOUR OWN RISK. THE SERVICES, THE PLATFORM, AND ANY CONTENT OR PRODUCTS THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER STORIED.AI NOR ANY PERSON ASSOCIATED WITH STORIED.AI MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES OR THE PLATFORM. WITHOUT LIMITING THE FOREGOING, NEITHER STORIED.AI NOR ANYONE ASSOCIATED WITH STORIED.AI REPRESENTS OR WARRANTS THAT THE SERVICES, THE PLATFORM, AND ANY CONTENT OR PRODUCTS THEREIN WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES, THE PLATFORM, AND ANY CONTENT OR PRODUCTS THEREIN WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. TO THE FULLEST EXTENT PROVIDED BY LAW, STORIED.AI HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES OR GUARANTEES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.
STORIED.AI MAY ALTER, SUSPEND, ADD TO, OR DISCONTINUE THE SERVICES IN WHOLE OR IN PART AT ANY TIME FOR ANY REASON, WITHOUT NOTICE OR COST. STORIED.AI ASSUMES NO RESPONSIBILITY FOR YOUR ABILITY TO (OR ANY COSTS OR FEES ASSOCIATED WITH YOUR ABILITY TO) OBTAIN ACCESS TO THE SERVICES. STORIED.AI DOES NOT ASSUME ANY LIABILITY FOR THE FAILURE TO STORE OR MAINTAIN ANY CUSTOMER DATA, USER COMMUNICATIONS, ACCOUNT INFORMATION, OR PERSONAL SETTINGS. THE SERVICES MAY BECOME UNAVAILABLE DUE TO MAINTENANCE OR MALFUNCTION OF COMPUTER EQUIPMENT, SERVERS, OR OTHER REASONS.
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
YOU ARE SOLELY RESPONSIBLE FOR ANY AND ALL ACTS OR OMISSIONS TAKEN OR MADE IN RELIANCE ON THE SERVICES OR THE INFORMATION CONTAINED THEREIN, INCLUDING INACCURATE OR INCOMPLETE INFORMATION. YOU AGREE THAT STORIED.AI HAS MADE NO AGREEMENTS, REPRESENTATIONS OR WARRANTIES OTHER THAN THOSE EXPRESSLY SET FORTH IN THESE TERMS.
By using the Service you accept the following Terms:
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We reserve the right, but are not obligated, to limit the distribution or sales of our products or Service to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.
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We reserve the right to limit the quantities of any products or services that we offer.
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All descriptions of products are subject to change at any time without notice, at Storied.ai’s sole discretion.
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We reserve the right to discontinue any product at any time.
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Any offer for any product or service made on this site is void where prohibited.
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We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
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Prices for our products and services are subject to change without notice.
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We reserve the right at any time to modify or discontinue the Service (or any part or content thereof). In the event of a discontinuance of Service, Storied.ai will use its best efforts to provide 60 days notice prior to a discontinuance of service, communicating via email. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
INDEMNIFICATION
You represent and warrant that (a) any material you post, upload or transmit on or through the Service does not and will not violate any rules of the Service or these Terms of Service, and (b) your use of the Service complies with these Terms of Service.
You agree to defend, indemnify, and hold harmless Storied.ai, its affiliates, licensees, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Services, including, but not limited to:
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Your Customer Data, any use of the Platform content, services, and products other than as expressly authorized in these Terms or your use of any information obtained from the Platform.
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Your breach of any of the above representations and warranties,
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Your use of the Service,
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The materials and content you have posted, uploaded or transmitted through the Storied.ai Service
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Storied.ai publication, distribution or use of such materials.
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LIMITATIONS ON LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL STORIED.AI, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, THE PLATFORM, OR ANY CONTENT OR PRODUCTS THEREIN, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. IN NO EVENT SHALL STORIED.AI’S TOTAL LIABILITY FOR ALL DAMAGES UNDER THIS AGREEMENT EXCEED THE LESSER OF (I)THE AGGREGATED AMOUNTS YOU PAID TO STORIED.AI DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE CIRCUMSTANCES GIVING RISE TO THE CLAIM, OR (II) $1.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. THEREFORE, ONLY THOSE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Disclaimer
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YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF OUR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR COURSE OF PERFORMANCE.
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STORIED.AI, ITS SUBSIDIARIES, AFFILIATES, AND LICENSORS DO NOT WARRANT THAT (A) THE SERVICE WILL FUNCTION UNINTERRUPTED, SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY ERRORS OR DEFECTS WILL BE CORRECTED; (C) THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS.
Exclusions
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
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Governing Law; Jurisdiction; Venue
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These Terms shall be governed and construed in accordance with the laws of the United States, without regard to its conflict of law provisions. You consent to exclusive venue and jurisdiction for actions concerning or relating to these Terms in the federal or state courts of Massachusetts, Suffolk County. In any action to interpret or enforce these terms, the prevailing party shall be awarded all court costs and reasonable attorneys’ fees it incurs. You submit to the jurisdiction of said courts and waive any defense of forum non conveniens and agree to waive all rights to jury trials. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
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Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
Export Controls
Software available in connection with the Service and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable content.
Notice for California Users
Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Note to Non-US Residents.
For the purposes of the EU data protection law, Storied.ai is the controller of the personal data of non-US members and visitors collected, used and shared through the Services. If you are a non-US member or visitor, then by continuing to use Storied.ai, you acknowledge that we may transfer and store your data outside your home country, including to and in the US in order to provide the Services. The privacy protections and the rights of authorities to access your personal information in the countries to which we transfer data may not be the same as in your home country. Storied.ai will only transfer personal data as permitted by law, and will take steps intended to ensure appropriate protection of your personal information; please review our Privacy Policy for details. If you have questions, please contact us.
Dispute Resolution
If you have a dispute with Storied.ai, you agree to contact us and try to resolve the dispute informally before pursuing other avenues.
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Changes, Assignment
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We reserve the right, at our sole discretion, to modify or replace these Terms at any time by posting updated terms on our website, found at this URL.
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By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
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Please review the website periodically for changes. If you do not agree to any or all posted changes, please do not continue to access or use Storied.ai Products and Services.
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These Terms may not be assigned by you without the prior written approval of Storied.ai, but may be assigned without your consent by Storied.ai to (i) a parent, subsidiary or other affiliate, (ii) an acquirer of Storied.ai’s assets, or (iii) a successor by merger, consolidation, stock sale or similar transaction. Any purported assignment in violation of these Terms shall be void.
THE SERVICE AND ANY PRODUCTS SOLD ON OR THROUGH THE SERVICE ARE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WHILE STORIED.AI DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, WE VALUE THE SECURITY OF YOUR DATA AND TAKE STEPS TO PROTECT YOUR DATA TO THE EXTENT POSSIBLE USING INDUSTRY-STANDARD TECHNOLOGY AND SERVICES. NOR DOES STORIED.AI MAKE ANY WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, PRODUCTS, OPINIONS, OR STATEMENTS AVAILABLE ON OR THROUGH THE SERVICE OR THROUGH LINKS ON THE SERVICE. USE OF THIS SERVICE IS ENTIRELY AT YOUR OWN RISK.
Miscellaneous
These Terms of Service, together with the Privacy Policy, represent the entire understanding of the parties regarding the use of the Storied.ai Services
A modification or waiver of a part of these Terms of Service shall not constitute a waiver or modification of any other portion of the Terms of Service. If for any reason any provision of these Terms of Service is found unenforceable, that provision will be enforced to the maximum extent permissible, and the remainder of the Terms of Service will continue in full force and effect.
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Survival. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and indemnification.
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No Waiver; Severability. No waiver of by Storied.ai of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Storied.ai to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
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Governing Law and Jurisdiction. All matters relating to the Services and these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of, or related to, the Services and these Terms shall be decided exclusively by a court of competent jurisdiction located in Santa Clara County, California. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
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Entire Agreement. These Terms, together with our Privacy Policy, shall constitute the entire agreement between you and Storied.ai concerning the Services.
CONTACT USIf you have any questions about these Terms, please contact us at email at michael@storied.ai or by regular mail at:
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Storied.ai
Strassburger Str. 9
Berlin 10405
Germany
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