Terms and Conditions

 

The use of www.storydoc.com and its services, including the services provided under its subdomains (such as and not limited to editor.storydoc.com), is subject to the following terms and conditions:

​www.storydoc.com is owned and operated by Storydoc Technologies Ltd, of Herzliya, Israel (referred to as “Storydoc” or “us”, “we”, “our” below) and its subsidiaries, including Storydoc Poland S.p z.o.o, of Warsaw, Poland. 

​These Terms of Service along with any other terms and policies referenced herein, and are incorporated herein by reference and form an integral part hereof, as amended from time to time (“Terms”) constitute a legally binding agreement as of the Effective Date (as defined below), governing your access, use, registration and receipt of any Services from Storydoc.

​Your use of the service provided by Storydoc Technologies Ltd, its subsidiaries, and its associated software (referred to as “Service” below), third-party service providers, and sub-processors is conditioned upon your compliance with and acceptance of these terms and conditions.

By approving these terms on the Storydoc site, accessing the Storydoc platform, signing an Order Form, PO or contract with Storydoc (referred to as “Order Form” below), or by using the Storydoc service you (referred to as “you” or “Customer” below) approved these terms and conditions and agree to be bound by them. 

In case you represent your employer or any other entity, you hereby represent that (i) you have full legal authority to bind your employer or such entity (as applicable) to these Terms; and (ii) after reading and understanding these Terms, you agree to these Terms on behalf of your employer or the respective entity (as applicable), and these Terms shall bind your employer or such entity (as the case may be). PLEASE NOTE THAT YOU ARE DEEMED AS AN AUTHORIZED REPRESENTATIVE OF YOUR EMPLOYER OR AN ENTITY IF YOU ARE USING YOUR EMPLOYER'S OR AN ENTITY’S EMAIL ADDRESS IN REGISTERING FOR THE SERVICE. 

YOU ACKNOWLEDGE THAT THESE TERMS ARE BINDING, AND YOU AFFIRM AND SIGNIFY YOUR CONSENT TO THESE TERMS BY EITHER: (I) CLICKING ON A BUTTON OR CHECKING A CHECKBOX FOR THE ACCEPTANCE OF THESE TERMS; OR (II) REGISTERING TO, USING OR ACCESSING THE SERVICES, OF www.storydoc.com, WHICHEVER IS EARLIER (THE DATE OF SUCH REGISTRATION OR ACCEPTANCE BEING THE “EFFECTIVE DATE”).

 

1. The Service.

1.1. Storydoc is a web content editing and publishing service that is designed to allow its users to build, edit and manage web documents created and used by the users of the platform, independently or with the help of the Storydoc team (the “Content”). The Storydoc cloud based services includes our editor and content management platform, documents created with the platform and hosted by it, products, applications, tools, and application programming interface (“API”) (the “Services”).

1.2 Storydoc provides the Customer a right and permission to use the Service subject to a valid subscription, pursuant to the terms of a signed Order Form, or under the terms of ordering the Service through an online registration page.

1.3 Upon your subscription to the Service, Storydoc will grant you access to the Service or certain parts of it, allowing you or Storydoc to add user accounts (“Users“) and to control or manage certain features of the Service. Users’ access to the Service is limited and personal. You are responsible for actions taken by you and all other Users from your company, and by anyone using your accounts and passwords.

1.4 For changes and updates to the Customer’s Content that may require Storydoc’s team involvement, and subject to a signed Order Form granting you the right to get such a service from Storydoc, we will upload a new version of your Content upon the Customer’s request within up to 7 business days from getting the necessary materials. This will come into effect only after providing Storydoc with the full list of desired changes and the necessary materials. “Business Day” shall mean any day in which the Israeli banks are operating in the state of Israel.

1.5 Building additional templates and/or creating Content by the Storydoc team and/or developing new features and/or adding more users to the platform will be solely according to the signed Order Form between the Customer and Storydoc, and/or by purchasing the Service from Storydoc through an online page.

1.6 As part of the Service, Storydoc will supply the Customer with full hosting of his Content. Hosting the Customer’s Content under another domain or subdomain and/or supporting any third-party integrations and/or removing the Storydoc header and footer will be solely according to a signed Order Form between the Customer and Storydoc, or an eligible plan purchased by the User online from Storydoc.

1.7. Storydoc may add, modify or discontinue any functionality, feature or any other tool within any Services and/or Sites, at our own discretion and without further notice, however, if we make any material adverse change in the core functionality of the Services, Storydoc will notify you by posting an announcement on the Storydoc platform, sending you an email, or posting an official update on the Storydoc’s social media accounts.

1.8. You may purchase and/or receive additional services from Storydoc, subject to an agreed Order Form between you and Storydoc that is signed by both parties. 

1.9. You hereby acknowledge that your purchase of the Services hereunder are not contingent on the delivery by us of any future release of any functionality, feature or service, including without limitation: (i) the continuance of certain Services or Additional Services (as defined below) beyond the current Subscription Term; (ii) the availability of Third Party Services, or (iii) dependency on any public comments we make, orally or in writing, regarding any future functionality, feature or service.

1.10. From time to time, Storydoc may offer parts or all of our Services on a free, no-obligation trial and/or in connection with a free Subscription Plan to the Services for a limited duration and with limited functionality (“Trial Services”). The term of the Trial Services shall be as communicated to you within the Services, either online prior to subscribing, in a signed Order Form or separately in writing by Storydoc. We reserve the right to modify, cancel and/or limit the Trial Services at any time, with or without notice, and without liability or explanation to you. In respect of the Trial Services, upon termination, we may change or revoke access to the Account at any time without any prior written notice.

1.11. Storydoc may offer, from time to time, certain Services or parts thereof as Alpha or Beta versions (“Pre-Released Services”) and we use best endeavors to identify such Pre-Released Services as such. Pre-Released Services are Services that are still under development, and as such they may be inoperable or incomplete, and may contain bugs, suffer disruptions and/or not operate as intended and designated, more than usual.

1.12. The Trial Services and Pre-Released Services are governed by these Terms, including relevant Specific Services Terms, provided that notwithstanding anything in these Terms or elsewhere to the contrary, in respect of Trial Services and Pre-Released Services (i) such services are licensed hereunder on an “As-Is”, “With All Faults” “As Available” basis, with no representations and/or warranties, express or implied, of any kind; (ii) the indemnity undertaking by us set forth in Section ‎11.2 herein shall not apply; and (iii) IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF STORYDOC, ITS AFFILIATES OR ITS THIRD PARTY SERVICE PROVIDERS, UNDER, OR OTHERWISE IN CONNECTION WITH, THESE TERMS (INCLUDING THE SITES, THE SERVICES AND THE THIRD PARTY SERVICES), EXCEED US $100. We make no promises that any Trial Services and/or Pre-Released Services will be made available to you and/or generally available.

1.13. Storydoc’s Services may include third party codes and libraries that are subject to third party open source license terms (“Open Source Code” and “Open Source Terms”, respectively). Some of such Open Source Terms determine that to the extent applicable to the respective Open Source Code licensed thereunder, such terms prevail over any conflicting license terms, including these Terms. We use our best endeavors to identify such Open Source Code, within our Services, hence we encourage Customer to familiarize itself with such Open Source Terms. Note that we use best efforts to use only Open Source Codes that do not impose any obligation or affect the Customer Content or related intellectual property (beyond what is stated in the Open Source Terms and herein), on an ordinary use of our Services that does not involve any modification, distribution or independent use of such Open Source Code. Notwithstanding anything to the contrary, we make no warranty or indemnity hereunder with respect to any Open Source Codes. 

 

2. Account Registration and Administration.

2.1. To register to the Services for the first time, you shall create an account for the Services (“Account”). By creating an Account and registering to use the Services you become, either individually or on behalf of your employer or any entity, on behalf of whom you created the Account, a Storydoc customer (“Customer”). The first user of the Account is automatically assigned as an Account administrator (“Admin”). 

2.2. When creating an Account or when you are added into an Account and creating your user profile (“User Profile”), you: (i) agree to provide us with accurate, complete, and current registration information about yourself; (ii) acknowledge that it is your responsibility to ensure that your password remains confidential and secure; (iii) agree that you are fully responsible for all activities that occur under your Account, User Profile and password, including any integration or any other use of third party products or services (and associated disclosure of data) in connection with the Services; and (iv) undertake to promptly notify us in writing if you become aware of any unauthorized access or use of your Account or User Profile and/or any breach of these Terms. We can assume that any communications we receive under your User Profile have been made by you. You will be solely responsible and liable for any losses, damages, liability and expenses incurred by us or a third party, due to any unauthorized usage of the Account by either you or any other User or third party on your behalf.

2.3. You understand and agree that we may require you to provide information that may be used to confirm your identity and help ensure the security of your Account and/or User Profile. In the event that you or an Admin lose access to an Account or otherwise request information about an Account, we reserve the right to request from you or from an Admin any needed verification and/or information, before restoring or providing access to or providing information about such Account.

2.4. The Admin (or Admins) of an Account are deemed as the authorized representatives of the Customer, and any decision or action made by any Admin, is deemed as a decision or action of the Customer. An Admin may: (i) assign or add other members of the Account as Admins; (ii) control the use of the Account, including and limited to making a purchase, upgrade or downgrade to the Services; (iii) create, monitor or modify Users’ actions and permissions; and (iv) integrate or disable integration with Third Party Services. 

2.5. There are several types of Account users within the Storydoc platform, each type having different levels of permissions and account access. All are collectively, including the Admin(s), defined as “Users”. The features, functionalities and privileges available to the Users are determined by the respective user role, Services, offering and Subscription Plan governing your Account. 

2.6. Customer is solely liable and responsible for understanding the settings, privileges and controls for the Services and for controlling whom Customer permits to become a User and what are the settings and privileges for such User, including without limitation, the right for a User to invite or add other Users (either paid or unpaid), the right to incur charges on the Account, the right to access, modify or share boards, etc. Customer is responsible for the activities of all of its Users, including Order Forms they may place and how Users use the Customer Data, even if those Users are not from Customer’s organization or domain. Further, Customer acknowledges that any action taken by a User of Customer’s Account, is deemed by us as an authorized action by Customer, hence Customer shall have no claim in this regard.

2.7 You assume full responsibility for your and your Users’ use of the Service in accordance with these Terms and with applicable local, state, federal, national and international laws, regulations and treaties, and warrant that you have obtained all rights in the Content to authorize Storydoc to input, process, distribute and display the Content as part of the service.

 

3. Your Content.

3.1. Customer content and Data is any data, text, images, reports, personal data, file attachments, or any other content, that is uploaded or submitted, transmitted or otherwise made available, to or through the Services by you or any User and is processed by us on Customer’s behalf (referred to as “Content”). For the avoidance of doubt, Anonymous Information (as defined below) is not regarded as Customer Data. Customer retains all right, title, interest and control, in and to the Customer Data, in the form submitted to the Services. Subject to these Terms, Customer grants us a worldwide, royalty-free, limited license to access, use, process, copy, distribute, perform, export, and display the Content, and solely to the extent that reformatting Content for display in the Services constitutes a modification or derivative work, the foregoing license also includes the right to make modifications and derivative works. The afore-mentioned license is hereby granted solely: (i) to maintain and provide you the Services; (ii) to prevent or address technical, fraud or security issues and resolve support requests; (iii) to investigate when we have a good faith belief, or have received a complaint alleging, that such Customer Data is in violation of these Terms; (iv) to comply with a valid legal subpoena, request, or other lawful process; and (v) as expressly permitted in writing by you.

3.2 The Customer acknowledges that the Content (of any kind) created on the platform or submitted to it, either by you or Storydoc, is supplied and used by the Customer at his own will and at his own risk and responsibilities. Storydoc shall be held harmless from and against all losses, costs, liabilities, claims, damages, and expenses of every kind and character, as incurred, resulting from or relating to or arising out of the Customer’s use of the content.

3.3 Storydoc acknowledges The Content belongs to the customer and Storydoc can’t use, copy or share it for any purpose other than stated on section 3.1 of these Terms, without the Customer’s prior written consent. This clause shall remain in force after the termination of the Subscription. Given a request from the Customer, Storydoc will delete all the Content created and submitted during the Customers’ subscription period.

3.4 Any materials provided by the Customer to Storydoc or uploaded to the platform, including all the document template versions created with the platform, are considered as business confidential content and Storydoc is not allowed to share, copy or use them for any other purpose other than the Customer’s needs as part of his subscription. 

​3.5 When using the Service in conjunction with other third-party services, the Customer will comply with the terms of service of such third party services. Storydoc shall not be held liable for any termination, breach of terms, or suspension of service resulting from the Customer use of the Service.

3.6 The documents created with the Service may contain links, code snippets and/or references to websites, services and applications of others. Storydoc may, from time to time, at its sole discretion, add or remove links. Storydoc has no control over these third-party websites and applications, Storydoc does not endorse, sponsor or confirm their content and is not responsible or liable for any communication or transaction that you make with them.

​3.7 Storydoc will take reasonable actions to prevent unauthorized disclosure of or access to Content, in accordance with industry standards. Storydoc will notify you if it becomes aware of unauthorized access to Content.

​3.8 EITHER PARTY’S AGGREGATE LIABILITY TO THE OTHER PARTY ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SERVICE WILL NOT EXCEED THE FEES ACTUALLY RECEIVED BY STORYDOC FROM THE CUSTOMER UNDER THIS AGREEMENT DURING THE 12 MONTHS PRECEDING THE APPLICABLE CLAIM. THE ABOVE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND ARE FUNDAMENTAL ELEMENTS OF THE BARGAIN BETWEEN THE PARTIES.

3.9 Both Storydoc and the Customer agree that any claim or cause of action arising out of or related to use of the Service or to the Agreement must be filed within two years after such claim or cause of action arose, or be forever barred.

3.10. You represent and warrant that: (i) you have or have obtained all rights, licenses, consents, permissions, power and/or authority, necessary to grant the rights granted herein, for any Content that you submit, post or display on or through the Services; (ii) The Content does not violate the privacy of others, including posting private and confidential information of others, without their express authorization; (iii) The Content does not encourage others to perform any activities that are defamatory, libelous or threatening, constitute hate speech, harassment, or stalking; (iv) The Content does not transmit through the Services any data, file, attachments, text, prompts, images, reports, software, links or any other content (“Content”) that contains or redirects (or may contain or redirect) to a virus, Trojan horse, worm, scripting exploits, bots or other harmful component or technology that may or is intended to damage or hijack the operation of any hardware, software (including the Services), or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component; and (v) the Content you submit, your use of such Content, and our use of such Content, as set forth in these Terms, do not and shall not (a) infringe or violate any patents, copyrights, trademarks or other intellectual property, proprietary or privacy, data protection or publicity rights of any third party; (b) violate any applicable local, state, federal and international laws, regulations and conventions, including those related to data privacy and data transfer and exportation (“Laws”); (c) violate any of your or third party’s policies and terms governing the Content. Other than our security and data protection obligations expressly set forth in Section ‎6, we assume no responsibility or liability for your Content, and you shall be solely responsible for the Content and the consequences of using, disclosing, storing, or transmitting it. It is hereby clarified that Storydoc shall not monitor and/or moderate your Content and there shall be no claim against Storydoc for not doing such.

3.11. The Customer shall not submit to the Services any data that is protected under a special legislation and requires a unique treatment, including, without limitations, (i) categories of data enumerated in European Union Regulation 2016/679, Article 9(1) or any similar legislation or regulation in other jurisdiction; (ii) any protected health information subject to the Health Insurance Portability and Accountability Act (“HIPAA”), as amended and supplemented, or any similar legislation in other jurisdiction, and (iii) credit, debit or other payment card data subject to PCI DSS or any other credit card schemes.

3.12 Storydoc may offer to the Customer access to use Artificial Intelligence capabilities to allow the Customer to generate, edit, change, or remove Content (“AI Content”) within the Account as part of Service. By using the Service the Customer acknowledges that (i) Content created and modified by AI may contain errors, inaccuracies, or inconsistencies; (ii) Storydoc can’t grantee for the accuracy of the Content created and/or modified by AI and offers no warranties or representations regarding the accuracy or completeness of such AI Content. The Customer is solely responsible for reviewing, verifying, and approving any AI Content before using it within the Storydoc Service or outside of it; (iii) Storydoc has no access, nor control, on the information shared by the Customer with third party AI models used by Storydoc to provide AI Content within the Service. By using AI Content within the Service the Customer acknowledges that it chooses to share information, including Business Confidential Information, with a third-party AI at its own will and responsibility. Storydoc shall be held harmless for loss or damage arising from your use of AI-generated content.

 

4. Scope of service and limitations.

4.1. The Services and Sites, inclusive of materials, such as software, API, apps framework, design, design system, text, editorial materials, informational text, documentation, photographs, illustrations, audio clips, video clips, artwork and other graphic materials, and names, logos, trademarks and services marks (excluding Customer Content), any and all related or underlying know-how, technology or intellectual property, and any modifications, enhancements or derivative works of the foregoing, are the property of Storydoc and may be protected by applicable copyright or other intellectual property laws and treaties. Storydoc retains all right, title and interest, including all intellectual property rights, in and to the Storydoc Materials.

4.2. The Customer acknowledges and accepts that Storydoc has the right to use Customer’s name and logo to identify Customer as a customer of Storydoc or as a User of the Services, on our Sites, marketing materials or otherwise by public announcements. The customer may ask to revoke such right, at any time, by contacting support@storydoc.com.

4.3. Except as expressly permitted in these Terms, you may not, and shall not allow a User or any third party to: (i) give, sell, rent, lease, timeshare, sublicense, disclose, publish, assign, market, resell, display, transmit, broadcast, transfer or distribute any portion of the Services to any third party, including, but not limited to your affiliates, or use the Services in any service bureau arrangement; (ii) circumvent, disable or otherwise interfere with security-related features of the Sites or Services or features that prevent or restrict use or copying of any content or that enforce limitations on use of the Services; (iii) reverse engineer, decompile or disassemble, decrypt or, attempt to derive the source code of the Services, or any components thereof; (iv) copy, modify, translate, patch, improve, alter, change or create any derivative works of the Services, or any part thereof; (v) take any action that imposes or may impose an unreasonable or disproportionately large load on the storydoc.com infrastructure or infrastructure which supports the Services (at Storydoc’s sole discretion) (vi) interfere or attempt to interfere with the integrity or proper working of the Services or Sites, or any related activities; (vii) remove, deface, obscure, or alter Storydoc’s Services, website and/or platform, or any third party’s identification, attribution or copyright notices, trademarks, or other proprietary rights affixed to or provided as part of the Services, or use or display logos of the Services or Sites without Storydoc’s prior written approval; (viii) use the Services for competitive purposes, including to develop or enhance a competing service or product; or (ix) encourage or assist any third party (including other Users) to do any of the foregoing.

​4.4 Storydoc shall be free to use data gathered during the usage of the platform and or the Content created as part of the Service for any purpose it may have, as long as the data is aggregated and is fully anonymized so it can’t be linked in any way to the Customer or to his Content.  

​4.5 In the course of using the Service, the Customer or his Users may provide Storydoc with feedback and suggestions regarding the Service. You hereby assign to Storydoc ownership in all such feedback and suggestions and all rights therein, without any royalty or accounting obligations to you.

4.6. Storydoc may offer an API and/or Storydoc Apps within third-party services that provides additional ways to access and use the Services, including and not limited to: (i) creating new content, accessing, modifying or removing existing content; (ii) creating or removing new Accounts and/or adding or removing Users to an existing account. (iii) sending or receiving any activity data to your Content. Such API or Storydoc Apps are considered a part of the Services, and its use is subject to all Terms of this agreement. Storydoc reserves the right at any time to modify or discontinue, temporarily or permanently, your and/or Customer’s access to the API (or any part of it), subject to the terms of your Storydoc subscription and plan as stated in a signed Order Form or purchased online from Storydoc. The API is subject to changes and modifications, and you are solely responsible to ensure that your use of the API is compatible with the current version.

4.7. Through the Services you may enable integrations with your Account with Third Party Services, which will allow an exchange, transmission, modification or removal of data between Storydoc and the Third Party Service, including without limitation, the Customer data or your Content, the scope of which is determined by the applicable actions set by such integration. You hereby acknowledge that any access, collection, transmission, processing, storage or any other use of data, including the Customer Content and your data, by a Third Party Services, is governed by the Third Party Agreement, including any applicable privacy policy, and that Storydoc is not responsible for any access, collection, transmission, processing, storage or any other use your data or Content by the Third Party Service integrated. By integrating and/or using the Third Party Services, you acknowledge and agree that: (i) you are solely responsible for your compliance with applicable privacy restrictions, laws and regulations, including your use of the Third Party Services and other data activities you may conduct or may permit third parties, including the Third Party Services, to conduct; (ii) the activities and use of the data by you and any other Users within the Account, may result in a modification and/or removal of data, either in your Account (i.e. Customer Content) and in the integrated Third Party Services. Storydoc shall have no obligation of any kind, for any such modification and/or removal of data, either in the Account with us and/or the integrated Third Party Services.

4.8. STORYDOC BEARS NO RESPONSIBILITY AND/OR LIABILITY FOR ANY THIRD PARTY SERVICES, INCLUDING WITHOUT LIMITATION, THEIR OPERABILITY WITH OUR SERVICES, SECURITY, ACCURACY, RELIABILITY, DATA PROTECTION AND PROCESSING PRACTICES AND THE QUALITY OF ITS OFFERINGS, AS WELL AS ANY ACTS OR OMISSIONS BY THIRD PARTIES. BY ACCESSING AND/OR USING THE THIRD PARTY SERVICES, YOU ACKNOWLEDGE THAT YOUR ACCESS AND USE OF THE THIRD PARTY SERVICES ARE AT YOUR SOLE DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ENSURING SUCH THIRD PARTY SERVICES’ OPERATION AND PRACTICES AND ITS RESPECTIVE THIRD PARTY AGREEMENT MEET YOUR NEEDS.

 

5. Privacy, Security, and Mutual confidentiality

5.1. Storydoc implements reasonable security measures and procedures designed to assist in protecting your Customer Data. You can learn more on our security measures and procedures on our Compliance & Security, as updated from time to time.

5.2. As a part of accessing or using the Services and the Sites, we may collect, access, use and share certain Personal Data (as defined in our Privacy Policy and updated from time to time) from, and/or about you. 

5.3. By using the Services, the Customer also accepts our Data Processing Agreement (“DPA”), which governs the Processing of Personal Data (as both terms are defined in the DPA) on Customer’s behalf.

5.4. In connection with these Terms and the Services (including the evaluation thereof), each party (“Disclosing Party”) may disclose to the other party (“Receiving Party”), non-public business, product, technology and marketing information, including without limitation, customers lists and information, know-how, software and any other non-public information that is either identified as such or should reasonably be understood to be confidential given the nature of the information and the circumstances of disclosure, whether disclosed prior to or after the Effective Date (“Confidential Information”). For the avoidance of doubt, (i) Customer Data is regarded as Customer’s Confidential Information, and (ii) our Site, Services, Trial Services and/or Pre-Released Services, inclusive of their underlying technology, and their respective performance information, as well as any data, reports and materials we provided to you in connection with your evaluation or use of the Services, are regarded as our Confidential Information. Confidential Information does not include information that (a) is or becomes generally available to the public without breach of any obligation owed to the Disclosing Party; (b) was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party; (c) is received from a third party without breach of any obligation owed to the Disclosing Party; or (d) was independently developed by the Receiving Party without any use or reference to the Confidential Information.

5.5 “Business Confidential Information” means all information provided by a party to another party, whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure, and excluding any information that was or has become publicly available without the receiving party’s actions or inactions. Storydoc’s confidential information includes, without limitation, the Service’s features, functionality and performance and your view of the Service. The Customers’ Confidential Information includes, without limitation, his Content.

5.6 Each party will hold the other party’s Confidential Information in strict confidence, use it only subject to the terms of this Agreement, allow its use only by the receiving party’s employees and consultants who have signed in advance a confidentiality agreement containing terms similar to this Agreement and on a need-to-know basis and pursuant to the terms of this Agreement, not make the other party’s Confidential Information available to any third party unless to the extent required by applicable law, implement adequate security measures to ensure against unauthorized access to, use or copying of the other party’s Confidential Information, and notify the other party in writing of any misuse of misappropriation of the other party’s Business Confidential Information of which the receiving party may become aware.

5.7. The Receiving Party will (i) take at least reasonable measures to prevent the unauthorized disclosure or use of Confidential Information, and limit access to those employees, affiliates, service providers and agents, on a need to know basis and who are bound by confidentiality obligations at least as restrictive as those contained herein; and (ii) not use or disclose any Confidential Information to any third party, except as part of its performance under these Terms and as required to be disclosed to legal or financial advisors to the Receiving Party or in connection with a due diligence process that the Receiving Party is undergoing, provided that any such disclosure shall be governed by confidentiality obligations at least as restrictive as those contained herein.

5.8. Notwithstanding the above, Confidential Information may be disclosed pursuant to the order or requirement of a court, administrative agency or other governmental body; provided, however, that to the extent legally permissible, the Receiving Party shall make best efforts to provide prompt written notice of such court order or requirement to the Disclosing Party to enable the Disclosing Party to seek a protective order or otherwise prevent or restrict such disclosure.

5.9. Notwithstanding any other provision of these Terms, Storydoc may collect, use and publish Anonymous Information (defined below) relating to, or generated by your use of the Services and/or Sites, and disclose it for the purpose of providing, operating, improving and publicizing our products and services, including the the Services, and for other business purposes. “Anonymous Information” means aggregated information which does not enable identification of an individual, such as de-identified, aggregated and/or analytics information. Storydoc owns all Anonymous Information collected or obtained by the Service.

 

6. Subscription, Fees, Payments, Upgrades and Renewals.

6.1. The Services may be purchased via an Order Form, e.g. a sales order, purchase document or any other instrument as determined by Storydoc, which shall be completed and placed either online, in-product, offline, or in any other form designated by Storydoc (“Order Form”). Such Order Form will list, at a minimum, the Services ordered, the associated fees, the subscription plan and term, and additions or modifications to the general Terms of Service (if applicable). If the Customer provides Storydoc with a purchase order related to an Order Form, such is deemed to incorporate these Terms and if such contains terms in regards to the Services then such shall have no force or effect.

6.2. Unless stated otherwise in an Order Form, the Services are provided on a subscription basis for the subscription term specified in the Order Form, in accordance with the respective subscription plan, as applicable, purchased under such Order Form “Subscription Term” and “Subscription Plan”, respectively, and collectively the “Subscription”).

6.3. In consideration for the provision of the Services (except for Trial Services), Customer shall pay Storydoc the applicable fees, as set forth in the applicable Order Form (“Fees”). Unless indicated otherwise, Fees are stated in US dollars. Customer hereby authorizes Storydoc, either directly or through our payment processing services, to charge such Fees according to the Customer’s selected payment method, upon due date. Unless expressly set forth herein, the Fees are non-cancelable and non-refundable. Storydoc reserves the right to change the Fees at any time, upon notice to the Customer if such change may affect Customer’s existing subscriptions upon renewal. In the event of failure to collect the Fees owed by Customer, Storydoc may, at our sole discretion (but shall not be obligated to) retry to collect at a later time, and/or suspend or cancel the Account, without notice.

6.4. The Fees are exclusive of any and all taxes (including without limitation, value added tax, sales tax, use tax, excise, goods and services tax, etc.), levies, or duties, which may be imposed in respect of these Terms and the purchase or sale, of the Services hereunder (“Taxes”). If the Customer is located in a jurisdiction which requires the Customer to deduct or withhold Taxes or other amounts from any amounts due to us, the Customer should notify this to Storydoc or our payment processing services, in writing, and we shall join efforts to avoid and/or reduce any such Tax withholding, provided, however, that in any case, Customer shall bear the sole responsibility and liability to pay such Tax and such Tax should be deemed as being added on top of the Fees payable by the Customer.

6.5. The Customer may order more services and/or upgrade his current subscription and/or enhance its Services by either: (i) adding Users; (ii) upgrading to a higher type of Subscription Plan; (iii) adding additional services, products, Add-Ons, features or functionalities; and/or (iv) upgrading to a longer Subscription Term (collectively, “Upgrades”). Some Upgrades or other changes may be considered as a new purchase, hence will restart the Subscription Term for all or some of the Services and some will not, as indicated within the Services and/or the Order Form. Upon an Upgrade, Customer will be billed for the applicable additional Fees, at our then-current rates (unless indicated otherwise in an Order Form), either: (a) prorated for the remainder of the then-current Subscription Term, or (b) whenever the Subscription Term is being restarted, then the Fees already paid by the Customer will be reduced from the new upgraded Fees, and the difference shall be due and payable by the Customer upon the date on which the Upgrade was made. “Add-Ons” means additional enhancements and/or additional functionalities for the applicable Services for the respective Subscription Plan purchased by the Customer that are made available for purchase by Storydoc, either temporarily or permanently, which may be subject to additional Fees.

6.6. The Customer acknowledges that: (i) Users within the same email domain will be offered the option to automatically join the Account; and (ii) Users within Customer’s Account may invite other persons to be added to the Account as Users (collectively, “Users Increase”). The Customer will be billed for the applicable additional Fees at our then-current rates and the Fees already paid by Customer will be reduced from the new additional Fees, unless otherwise agreed in an Order Form in which case Users will be added for the remainder of the Subscription Term on a prorated basis. Storydoc will bill Customer upon the Users increase, unless such alternative time is otherwise agreed by both parties in a signed Order Form.

6.7. We shall have the right, including without limitation where we, at our sole discretion, believe that the Customer and/or any of its Users, have misused the Services or otherwise use the Services in an excessive manner compared to the anticipated standard use at our sole discretion (for instance, an excessive number of guests, excessive use of automations, etc.), to offer the Services in different pricing and/or impose additional fees or other restrictions as for the upload, storage, download and/or use of the Services, including, without limitation, restrictions on Third Party Services, network traffic and bandwidth, size and/or length of content, quality and/or format of content, sources of content, volume of download time, etc.

6.8. As part of registering, or submitting billing information, to the Services, the Customer agrees to provide Storydoc with updated, accurate and complete billing information, and Customer authorizes Storydoc (either directly or through our subsidiaries and/or affiliates and/or third-party processing services) to charge, request and collect payment (or otherwise charge, refund or take any other billing actions) from the Customer’s payment method or designated banking account, and to make any inquiries that we may consider necessary to validate Customer’s designated payment account or financial information, in order to ensure payment, including for the purpose of receiving updated payment details from Customer’s credit card company or banking account (e.g., updated expiry date or card number as may be provided to us by Customer’s credit card company).

6.9. In order to ensure that the Customer will not experience any interruption or loss of services, the Customer’s Subscription will automatically renew. Accordingly, unless stated otherwise in a signed Order Form between the parties, the Customer cancels its Subscription prior to its expiration, which in the case of an annual Subscription, such cancellation notice shall be no less than 30 days prior to its expiration (unless otherwise stated in a signed Order Form between the parties), the Subscription to the underlying Services will automatically renew upon the end of the then applicable Subscription Term, for a renewal period equal in time to the original Subscription Term and, unless otherwise notified to the Customer, at the same price (subject to applicable Tax changes and excluding any discount or other promotional offer provided for the first Subscription Term). 

6.10. According to 6.9, unless either the Customer or Storydoc cancel the Subscription prior to its expiration, we will attempt to automatically charge Customer the applicable Fees upon or immediately prior to the expiration of the then applicable Subscription Term. If the Customer wishes to avoid such auto-renewal, Customer shall cancel its Subscription, prior to its expiration, at any time through the Account settings or by contacting our support at support@storydoc.com. 

6.11. Except as expressly set forth in these Terms, in case a Customer cancels its Subscription, during a Subscription Term, the Subscription will not renew for an additional period, but Customer will not be refunded or credited for any unused period within the Subscription Term.

6.12. Unless expressly stated otherwise in a separate legally binding agreement, if the Customer received a special discount or other promotional offer, the Customer acknowledges that upon renewal of the Subscription to the Services, Storydoc will renew such Subscription to the Services, at the full applicable Fee at the time of renewal.

 

7. Refund Policy; Disputes and Chargeback.

7.1. If the Customer is not satisfied with its first purchase of the Services and solely with respect thereto (“Initial Purchase”), then the Customer may terminate such Initial Purchase of the Services by providing us a written notice, within 14 days of such Initial Purchase (“Refund Period”). In the event that Customer terminates such Initial Purchase, within the Refund Period, we will refund Customer the pro rata portion of any unused and unexpired Fees pre-paid by Customer in respect of such terminated Services, unless such other sum is required by applicable law, in the same currency we were originally paid (“Refund”). 

7.2 The Refund is applicable only to the Initial Purchase and does not apply to any additional or subsequent purchases, upgrades, modification or renewals of the Services (even if such were performed during the Refund Period). Please note that we shall not be responsible to Refund any differences caused by change of currency exchange rates or fees that Customer was charged by third parties, such as wire transfer fees. After the Refund Period, the Fees are non-refundable and non-cancellable. To the extent permitted by law, if we find that a notice of cancellation has been given in bad faith or in an illegitimate attempt to avoid payment for Services actually received and enjoyed, we reserve our right to reject Customer’s Refund request. Subject to the foregoing, upon termination by Customer all outstanding payment obligations shall immediately become due for the used Services and Customer will promptly remit to Storydoc any fees due to us under these Terms.

7.3. Certain Services may be non-refundable, such as but not limited to Storydoc’s design studio services and integration services. In such an event we will identify such Services as non-refundable, and Customer shall not be entitled, and we shall not be under any obligation, to terminate the Services and give a Refund.

7.4. If, at any time, we record a decline, chargeback or other rejection of a charge of any due and payable Fees (“Chargeback”), this will be considered as a breach of Customer’s payment obligations hereunder, and the Customer’s use of the Services may be suspended, disabled or terminated at Storydoc’s discretion. The Customer may not have any further access to the Services in the event of such suspension, disablement or termination, unless Storydoc otherwise enables the Customer to resume its access to the Services, at its sole discretion, subject to Customer’s payment of any applicable Fees in full, including any fees and expenses incurred by us and/or any Third Party Services for each Chargeback received (including handling and processing charges and fees incurred by the payment processor), without derogating from any other remedy that may be applicable to us under these Terms or applicable law.

 

8. Term and Termination.

8.1. These Terms are in full force and effect, commencing upon the Effective Date, until the end of all Subscriptions to the Services underlying the Account, either paid or unpaid, unless terminated otherwise in accordance with these Terms.

8.2. Either Customer or Storydoc may terminate the respective Services and these Terms, as applicable, upon written notice, in case that the other party (a) is in material breach of these Terms and to the extent, curable, fails to cure such breach, within a reasonable cure period, which shall not be less than 10 days following a written notice from by the non-breaching party; provided, however, that termination by Customer shall apply only with respect to those components of the Services with respect to which the breach has occurred; or (b) ceases its business operations or becomes subject to insolvency proceedings and the proceedings are not dismissed within 45 days.

8.3. Customer may terminate its Subscription to the Services by canceling the Services and/or deleting the Account, whereby such termination shall not derogate from Customer’s obligation to pay applicable Fees except where such termination is made within the Refund Period. In accordance with Section ‎7 above, unless mutually agreed otherwise by the Customer and Storydoc in a written instrument, the effective date of such termination will take effect at the end of the then-current Subscription Term, and the Customer’s obligation is to pay the Fees throughout the end of such Subscription Term shall remain in full force and effect, and Customer shall not be entitled to a refund for any pre-paid Fees.

8.4. Upon termination or expiration of these Terms, the Customer’s Subscription and all rights granted to you hereunder shall terminate, and Storydoc may revoke access to the Account. It is Customer’s sole liability to export the Customer Data prior to such termination or expiration. In the event that Customer did not delete the Customer Data from the Account, we may continue to store and host it until either Customer or Storydoc, at our sole discretion, delete such Customer Content and Data, and during such period, Customer may still be able to make a limited use of the Services in order to access the Customer Content, but note that we are not under any obligation to maintain the Read-Only Mode period, hence such period may be terminated by us, at any time, with or without notice to the Customer, and subsequently, the Customer Content and Data will be deleted. Customer acknowledges the foregoing and its sole responsibility to export, download, and/or delete the Customer Content and Data prior to the termination or expiration of these Terms, and therefore we shall not have any liability either to Customer, nor to any User or third party, in connection thereto. Unless expressly indicated herein otherwise, the termination or expiration of these Terms shall not relieve the Customer from its obligation to pay due Fees.

8.5. Without derogating from our termination rights above, we may decide to temporarily suspend the Account and/or a specific User within the Account (including any access thereto) and/or our Services, in the following events: (i) we believe, at our sole discretion, that you or any third party, are using the Services in a manner that may impose a security risk, may cause harm to us or any third party, and/or may raise any liability for us or any third party; (ii) we believe, at our sole discretion, that you or any third party, are using the Services in breach of these Terms or applicable Law; (iii) Customer’s payment obligations, in accordance with these Terms, are or are likely to become, overdue; or (iv) Customer’s or any of its Users’ breach of the Acceptable Use Policy. The afore-mentioned suspension rights are in addition to any remedies that may be available to us in accordance with these Terms and/or applicable Law.

8.6. Survival. Sections ‎1.10, 1.11 and 1.12 (Governing Terms of Trial Services and Pre-Released Services), 2.6 (Customer Responsibility for Users), ‎3 (Your Content), 5 (Privacy, Security, and Mutual confidentiality), ‎‎6 (Subscription, Fees, Payments, Upgrades and Renewals) in respect of unpaid Subscription Fees‎, 8 (Term and Termination;), 9 (Warranty Disclaimer), ‎10 (Limitations of Liability), ‎11 (Indemnification), ‎14 (Governing Law and Jurisdiction; Arbitration) and 15 (General Provisions), and such other sections of these Terms which by their nature are intended to survive, shall survive the termination or expiration of these Terms, and continue to be in force and effect in accordance with their applicable terms.

 

9. Warranty Disclaimer.

EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, WE MAKE NO REPRESENTATIONS AND/OR WARRANTIES AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW:

9.1. THE SITES AND THE SERVICES ARE PROVIDED ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS, AND WITHOUT WARRANTIES OF ANY KIND. WE AND OUR AFFILIATES, SUBCONTRACTORS, AGENTS AND VENDORS (INCLUDING, THE THIRD PARTY SERVICE PROVIDERS), HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION, REPRESENTATIONS AND/OR WARRANTIES OF MERCHANTABILITY, FUNCTIONALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WHETHER EXPRESS, IMPLIED OR STATUTORY.

9.2. WE AND OUR VENDORS DO NOT WARRANT, AND EXPRESSLY DISCLAIM ANY REPRESENTATIONS AND/OR WARRANTIES THAT THE SERVICES AND SITES, INCLUDING THE ACCESS THERETO AND USE THEREOF, WILL BE UNINTERRUPTED, TIMELY, SECURED, ERROR FREE, THAT DATA WILL NOT BE LOST, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITES AND/OR SERVICES ARE FREE FROM VIRUSES OR OTHER HARMFUL CODE. WE AND OUR VENDORS FURTHER DISCLAIM ANY AND ALL LIABILITY OR RESPONSIBILITY FOR ANY DELAYS, FAILURES, INTERCEPTION, ALTERATION, LOSS, OR OTHER DAMAGES THAT YOU AND/OR YOUR DATA (INCLUDING CUSTOMER DATA) MAY SUFFER, THAT ARE BEYOND OUR CONTROL.

9.3. WE DO NOT WARRANT, AND EXPRESSLY DISCLAIM ANY REPRESENTATIONS AND/OR WARRANTIES (I) THAT OUR SERVICES AND SITES (OR ANY PORTION THEREOF) IS COMPLETE, ACCURATE, OF ANY CERTAIN QUALITY, RELIABLE, SUITABLE FOR, OR COMPATIBLE WITH, ANY OF YOUR CONTEMPLATED ACTIVITIES, DEVICES, OPERATING SYSTEMS, BROWSERS, SOFTWARE OR TOOLS (OR THAT IT WILL REMAIN AS SUCH AT ANY TIME), OR COMPLY WITH ANY LAWS APPLICABLE TO YOU; AND/OR (II) REGARDING ANY CONTENT, INFORMATION, REPORTS OR RESULTS THAT YOU OBTAIN THROUGH THE SERVICES AND/OR THE SITES.

 

10. Limitation of Liability.

NOTWITHSTANDING ANYTHING IN THESE TERMS OR ELSEWHERE TO THE CONTRARY AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW:

10.1. IN NO EVENT SHALL EITHER PARTY HERETO AND ITS AFFILIATES, SUBCONTRACTORS, AGENTS AND VENDORS (INCLUDING, THE THIRD PARTY SERVICE PROVIDERS), BE LIABLE UNDER, OR OTHERWISE IN CONNECTION WITH THESE TERMS FOR (I) ANY INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES; (II) ANY LOSS OF PROFITS, COSTS, ANTICIPATED SAVINGS; (III) ANY LOSS OF, OR DAMAGE TO DATA, USE, BUSINESS, REPUTATION, REVENUE OR GOODWILL; AND/OR (IV) THE FAILURE OF SECURITY MEASURES AND PROTECTIONS, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY OR OTHERWISE, AND WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

10.2. EXCEPT FOR THE INDEMNITY OBLIGATIONS OF EITHER PARTY UNDER SECTION ‎11 (INDEMNIFICATION) HEREIN, YOUR PAYMENT OBLIGATIONS HEREUNDER OR BREACH OF OUR ACCEPTABLE USE POLICIES BY EITHER YOU OR IN CASE OF A CUSTOMER, ANY OF THE USERS UNDERLYING ITS ACCOUNT, IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF EITHER PARTY, ITS AFFILIATES, SUBCONTRACTORS, AGENTS AND VENDORS (INCLUDING, ITS THIRD PARTY SERVICE PROVIDERS), UNDER, OR OTHERWISE IN CONNECTION WITH, THESE TERMS (INCLUDING THE SITES AND THE SERVICES), EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID BY YOU (IF ANY), DURING THE 12 CONSECUTIVE MONTHS PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY. THIS LIMITATION OF LIABILITY IS CUMULATIVE AND NOT PER INCIDENT.

10.3 Except as expressly stated in these Terms, we make no representations or warranties that your use of the Services is appropriate in your jurisdiction. Other than as indicated herein, you are responsible for your compliance with any local and/or specific applicable Laws, as applicable to your use of the Services.

10.4. You hereby acknowledge and confirm that the limitations of liability and warranty disclaimers contained in these Terms are agreed upon by you and us and we both find such limitations and allocation of risks to be commercially reasonable and suitable for our engagement hereunder, and both you and us have relied on these limitations and risk allocation in determining whether to enter these Terms.

 

11. Indemnification.

11.1. The Customer hereby agrees to indemnify, defend and hold harmless Storydoc and its affiliates, officers, directors, employees and agents from and against any and all claims, damages, obligations, liabilities, losses, reasonable expenses or costs (collectively, “Losses”) incurred as a result of any third party claim arising from (i) Customer’s and/or any of its Users’, violation of these Terms or applicable Law; and/or (ii) Customer Data, including the use of Customer Data by Storydoc and/or any of its subcontractors, infringes or violates, any third party’s rights, including, without limitation, intellectual property, privacy and/or publicity rights.

11.2. Storydoc will defend any suit or action brought against Customer to the extent that it is based upon a third party claim that the Service, as provided by Storydoc to the Customer, infringe any intellectual property, including any patent or any copyright or misappropriate any trade secret (“IP Claim”), and will pay any costs, damages and reasonable attorneys’ fees attributable to such claim awarded in final judgment against or paid in settlement by Customer.

11.3. Exclusions for Storydoc’s Indemnification for an IP Claim. Notwithstanding the terms of Section ‎11.2, Storydoc will have no liability for any IP Claim to the extent that it results from: (i) a modification of the Service by anyone other than Storydoc; (ii) the combination, operation or use of the Service with software or data (including without limitation the Content) not supplied by Storydoc, if a claim would not have occurred but for such combination, operation or use; or (iii) Customer’s or a User’s use of the Service other than in accordance with these Terms of Service or the Service’s documentation.

11.4. If Customer’s use of the Service is, or in Storydoc’s opinion is likely to be, subject to an IP Claim, then Storydoc may, at its sole option and expense: (i) replace or modify the Service to make them non-infringing and of equivalent functionality; (ii) procure for the Customer the right to continue using the Service under the terms of these Terms of Service; or (iii) if Storydoc is unable to accomplish either (i) or (ii) despite using its reasonable commercial efforts, terminate Customer’s rights and Storydoc’s obligation under these Terms of Service with respect to such Service and refund to Customer a pro-rata portion of the Fees paid for the remaining Term during which Customer would have had access to the Service.

11.5. The defense and indemnification obligations of the indemnifying party under this Section ‎11 are subject to: (i) the indemnified party promptly providing a written notice of the claim for which an indemnification is being sought, provided that such indemnitee’s failure to do so will not relieve the indemnifying party of its obligations under this Section ‎12, except to the extent the indemnifying party’s defense is materially prejudiced thereby; (ii) the indemnifying party being given immediate and exclusive control over the defense and/or settlement of the claim, provided, however that the indemnifying party shall not enter into any compromise or settlement of any such claim that requires any monetary obligation or admission of liability or any unreasonable responsibility or liability by an indemnitee without the prior written consent of the affected indemnitee, which shall not be unreasonably withheld or delayed; and (iii) the indemnified party providing reasonable cooperation and assistance, at the indemnifying party’s expense, in the defense and/or settlement of such claim and not taking any action that prejudices the indemnifying party’s defense of, or response to, such claim.

 

12. Export Controls; Sanctions.

The Services may be subject to Israeli, U.S. or foreign export controls, Laws and regulations (“Export Controls”), and you acknowledge and confirm that: (i) you are not located or use, export, re-export or import the Services (or any portion thereof) in or to, any person, entity, organization, jurisdiction or otherwise, in violation of the Export Controls; (ii) you are not: (a) organized under the laws of, operating from, or otherwise ordinarily resident in a country or territory that is the target or comprehensive U.S. or Israeli economic or trade sanctions (currently, Cuba, Lebanon, Iran, Syria, North Korea, or the Crimea region of Ukraine), (b) identified on a list of prohibited or restricted persons, such as the U.S. Treasury Department’s List of Specially Designated Nationals and Blocked Persons, or (c) otherwise the target of U.S. sanctions; and Customer is solely responsible for complying with applicable Export Controls and sanctions which may impose additional restrictions, prohibitions or requirements on the use, export, re-export or import of the Services and/or the Customer Content and Data; and (iii) Customer Content and Data is not controlled under the U.S. International Traffic in Arms Regulations or similar Laws in other jurisdictions, or otherwise requires any special permission or license, in respect of its use, import, export or re-export hereunder.

 

13. Modifications.

Occasionally, Storydoc may make changes to these Terms for valid reasons, such as adding new functions or features to the Services, technical adjustments, typos or error fixing, for legal or regulatory reasons or for any other reasons as we deem necessary, at our sole discretion. When we make material changes to these Terms, we’ll provide the Customer with notice as appropriate under the circumstances, e.g., by displaying a prominent notice within the Services or by sending Customer an email. Your continued use of the Services after the changes have been implemented will constitute your acceptance of the changes.

 

14. Governing Law and Jurisdiction; Mandatory Arbitration.

14.1. These Terms and any action related thereto will be governed and interpreted by and under the laws of the State of Israel without giving effect to any conflicts of laws principles that require the application of the law of a different jurisdiction. Courts of competent jurisdiction located in Tel Aviv, Israel, shall have the sole and exclusive jurisdiction and venue over all controversies and claims arising out of, or relating to, these Terms. You and us mutually agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms. Notwithstanding the foregoing, Storydoc reserves the right to seek injunctive relief in any court in any jurisdiction.

14.2. WHERE PERMITTED UNDER APPLICABLE LAW, YOU AND STORYDOC AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER PARTY ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and Storydoc mutually agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.

14.3. To the extent permitted under applicable Law, you and Storydoc hereby irrevocably agree to the following provisions:

14.3.1. Any dispute, claim, or controversy between you and us arising in connection with, or relating in any way to, these Terms (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination or expiration of these Terms) will be determined solely by mandatory binding arbitration. In arbitration there is no judge or jury and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow the terms of these Terms as a court would.

14.3.2. Notwithstanding clause 14.3.1 above, you and Storydoc both agree that nothing herein will be deemed to waive, preclude, or otherwise limit either of our rights, at any time, to seek injunctive relief in a court of law. In addition to the above, notwithstanding clause 14.3.1 above, Storydoc may file a suit in a court of law against you to address intellectual property infringement claims.

14.3.3. Either you or Storydoc may start arbitration proceedings. Any arbitration between you and us will be finally settled under the Rules of Arbitration of the International Chamber of Commerce (“ICC”) then in force (“ICC Rules”) by one arbitrator appointed in accordance with the ICC Rules. The arbitration will take place in Tel Aviv, and shall be conducted in the English language and unless otherwise required by a mandatory law of any jurisdiction, the law to be applied in any arbitration shall be the law of the State of Israel, without regard to choice or conflicts of law principles. The arbitration proceedings shall be conducted on an expedited basis and shall result in an award within no more than 60 days. The arbitration shall be conducted on a confidential basis. The award of the Arbitrator shall be final and binding on the parties. The arbitration award shall be enforceable in any court of competent jurisdiction. Any motion to enforce or vacate an arbitration award under this agreement shall be kept confidential to the maximum extent possible.

14.3.4. Any arbitration must be commenced by filing a demand for arbitration within 2 years after the date the party asserting the claim first knows or reasonably should know of the act, omission, or default giving rise to the claim; and there shall be no right to any remedy for any claim not asserted within that time period. If applicable law prohibits such limitation period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable Law.

14.3.5. A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail or Federal Express (signature required), or in the event that we do not have a physical address on file for you, by electronic mail (“Dispute Notice”). The Dispute Notice must (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought. We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Dispute Notice is received, you or us may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or us shall not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. Without derogating from the generality of the confidentiality protection under clause 14.3.3 above, all documents and information disclosed in the course of the arbitration shall be kept strictly confidential by the recipient and shall not be used by the recipient for any purpose other than for purposes of the arbitration or the enforcement of the arbitrator’s decision and award and shall not be disclosed except in confidence to persons who have a need to know for such purposes or as required by applicable Law. Except as required to enforce the arbitrator’s decision and award, neither you nor us shall make any public announcement or public comment or originate any publicity concerning the arbitration, including, but not limited to, the fact that the parties are in dispute, the existence of the arbitration, or any decision or award of the arbitrator.

 

15. General Provisions.

15.1. Any heading, caption or section title contained herein, and/or any explanation or summary columns, is provided only for convenience, and in no way alters and/or amend the provisions within the Terms nor shall it legally bind us in any way. These Terms are written in English and if a translated (non-English) version of these Terms conflicts in any way with this English version, the provisions of the English version shall prevail.

15.2. Neither we nor you will be liable by reason of any failure or delay in the performance of its obligations on account of events beyond the reasonable control of a party (Force Majeure), which may include denial-of-service attacks, interruption or failure of the internet or any utility service, failures in third-party hosting services, strikes, shortages, riots, fires, acts of God, war, terrorism, and governmental action.

15.3. The parties are independent contractors. These Terms and the Services provided hereunder, do not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between the parties. There are no third party beneficiaries to these Terms.

15.4. We shall use your contact details that we have in our records, in connection with providing you notices, subject to this Section 15.4. Our contact details for any notices are detailed below. You acknowledge notices that we provide you, in connection with these Terms and/or as otherwise related to the Services, shall be provided as follows: via the Services, including by posting on our Sites or posting in your account, text, in-app notification, e-mail, phone or first class, airmail, or overnight courier. You further acknowledge that an electronic notification satisfies any applicable legal notification requirements, including that such notification will be in writing. Any notice to you will be deemed given upon the earlier of: (i) receipt; or (ii) 24 hours of delivery. Notices to us shall be provided to Storydoc Technologies Ltd. at support@storydoc.com, or sent to Portzei Haderech 63, Hertzelia, 4627470, Israel.

15.5. These Terms, and any and all rights and obligations hereunder, may not be transferred or assigned by you without our written approval, provided that you may assign these Terms to your successor entity or person, resulting from a merger, acquisition, or sale of all or substantially all of your assets or voting rights, except for an assignment to a competitor of Storydoc, and provided that you provide us with prompt written notice of such assignment and the respective assignee agrees, in writing, to assume all of your obligations under these Terms. We may assign our rights and/or obligations hereunder and/or transfer ownership rights and title in the Services to a third party without your consent or prior notice to you. Subject to the foregoing conditions, these Terms shall bind and ensure to the benefit of the parties, their respective successors, and permitted assigns. Any assignment not authorized under this Section 15.5 shall be null and void.

15.6. These Terms shall be enforced to the fullest extent permitted under applicable Law. If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law, the provision will be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of these Terms will remain in effect.

15.7. No failure or delay by either party in exercising any right under these Terms will constitute a waiver of that right. No waiver under these Terms will be effective unless made in writing and signed by an authorized representative of the party being deemed to have granted the waiver.

15.8. You acknowledge and agree that you do not rely on, and shall have no remedy in respect of, any statement, warranty and/or representation made (including whether innocently or negligently) by us or any other person on our behalf except as expressly set out in these Terms or an Order Form.

15.9 This Agreement and any signed Order Form comprise the entire agreement between the Customer and Storydoc and supersede all prior agreements pertaining to subject matters of the Agreement and Order Form. You specifically confirm that you have not entered into this Agreement relying on any oral or written public comments made by Storydoc regarding future functionality or features of the Service. The terms of any purchase order or similar document will have no effect and are hereby rejected. 

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LAST UPDATED: Oct 28th, 2025