Terms of Use

Last Updated February 21, 2023

  1.     General.  These Website Terms of Use are entered into between you and by StoryFit Inc. (“StoryFit,” “our,” “us” or “we”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms”), govern your access to and use of https://storyfit.com, including any content, functionality and service offered on and through the https://storyfit.com, (the “Website”), whether as a guest or registered user. 

Please read these Terms carefully before you start to use the Website. By accessing, browsing, using and interacting with this Website, you agree that you have read, understood, accept and agree to be bound and abide by these Terms and any documents expressly incorporated herein, including without limitation our Privacy Policy, incorporated herein by reference. 

These Terms do not govern your use of any products or services that may be offered by StoryFit or any products or services that may be offered by third parties from or in connection with the Website or otherwise, which are subject to their own terms and conditions (collectively, “Additional Terms”). You must accept such Additional Terms are incorporated into these Terms by this reference.  To the extent there is a conflict between these Terms and any Additional Terms, this Agreement shall control unless the Additional Terms expressly provide otherwise.

  1. Use of the Website.  You may only use this Website for its intended purpose and solely in accordance with these Terms. In addition, you may not restrict or inhibit any other person from using or enjoying the Website. The Website may contain links to other Internet websites and third-party resources, and we may employ third-party technologies in connection with our Website that require you to accept such third party’s terms. StoryFit is not responsible for either the availability of these outside resources or their content, including for any products or services you may obtain by contacting any person or entity as a result of use of the Website or the features hereof. StoryFit may, but is not obligated to, monitor your use of the Website.
  2. Intellectual Property Rights.  The Website 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 StoryFit, its licensors or other providers of such material and are protected by law, including without limitation United States copyright law, trademark law, and applicable international treaties. You are granted permission to display the materials on this Website solely for your own personal, non-commercial use. You may not remove any legends placed thereon. You may not “mirror” any content contained within this Website without our express prior written consent. Except as stated herein, none of the content may be reproduced, distributed, modified, published, displayed, downloaded, stored or transmitted in any form by any means without our prior written consent, or the consent of the applicable copyright owner. StoryFit does not grant you any licenses, express or implied, to the intellectual property of StoryFit or its licensors, except as expressly stated in these Terms.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made.  No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company.  Any use of the Website not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws.

  1.     Trademarks. “STORYFIT” and all associated names, logos, product and service names, designs and slogans displayed within the Website are our trademarks. You must not use such marks without the prior written permission of StoryFit.  All other names, logos, product and service names, designs, and slogans on the Website are the trademarks of their respective owners.
  2.     Information about you and your visits to the Website. All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken to us with respect to your information in compliance with the Privacy Policy.
  3. International Use.  This Website is controlled and operated by StoryFit from within the United States. StoryFit makes no representations that materials contained within the Website are appropriate or available for use in other locations, and access to the Website from locations where such activity is illegal is prohibited. Those who choose to use the Website from other locations do so on their own initiative and are solely responsible for compliance with all applicable laws.
  4. U.S. Government Restricted Rights. The content of this Website is provided with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the United States Government is subject to restrictions as set forth in applicable laws and regulations.
  5.   Disclaimer of Warranties.  You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet, Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.  

TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, THE CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, THE CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE 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 WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

  1. Limitation of Liability.  THE WEBSITE AND ITS CONTENT ARE PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT SHALL STORYFIT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO EMOTIONAL DISTRESS, LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF BUSINESS, LOSS OF USE, LOSS OF GOODWILL AND LOSS OF DATA ARISING FROM YOUR USE OF THE WEBSITE OR ITS CONTENT, EVEN IF STORYFIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH DAMAGES WERE FORESEEABLE. TO THE FULLEST EXTENT PROVIDED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, STORYFIT’S AGGREGATE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $50.00. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
  2.   Indemnification. You agree to defend, indemnify and hold harmless StoryFit, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against all claims, liabilities, damages, judgements, 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 Website, including but not limited to, your User Generated Content, any use of the Website’s content, services and products other than as expressly authorized in these Terms or your use of any information obtained from the Website.
  3. Term and Termination.  These Terms are effective as of the date of your first access or use of the Website and shall remain in effect for the duration of your access or use. Your right to use the Website shall automatically terminate upon your breach of these Terms.
  4.   Change to these Terms and Website.  We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access and use of the Website thereafter. Your continued use of the Website 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 to you. 

We may update the content on the Website from time to time, but the content is not necessarily complete or up-to-date.  Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

  1. Governing Law and Jurisdiction.  The laws of the State of Texas, excluding its conflict of law principles, govern these Terms and your use of the Website. Any suit to enforce these Terms shall be brought exclusively in the state or federal courts sitting in Travis County, Texas and you hereby consent to the jurisdiction of such courts and waive any venue objection. These Terms may not be modified, supplemented, qualified, or interpreted by any trade usage or prior course of dealing not made a part of these Terms. 

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

  1.   Waiver and Severability. The invalidity or unenforceability of any provision of these Terms shall not affect the validity of these Terms as a whole and any such provision should be enforced by authorities, and reconstructed if need be, to apply to the maximum extent allowable under applicable law. The failure by either party to enforce at any time any of the provisions of these Terms, to exercise any election or option provided herein, or to require at any time the performance of the other of any of the provisions herein will not in any way be construed as a waiver of such provisions. Reasonable attorneys' fees and costs will be awarded to the prevailing party in the event of litigation involving the enforcement or interpretation of these Terms. The section headings used herein are for convenience only and shall not be given any legal import.
  2.   Entire Agreement. These Terms and Privacy Policy constitute the sole and entire agreement between you and StoryFit with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.
  3.    Contact Us. This website is operated by StoryFit Inc., 3305 Steck Ave., Suite #275, Austin, TX 78757. All questions, comments, feedback and other communications regarding the Website or products and services offered by StoryFit should be directed to info@storyfit.com.