Last updated: June 2024
Welcome to Storywise AI Ltd.! Please read these terms and
conditions carefully before using our website/services. By
accessing or using our platform, you agree to comply with and
be bound by the following terms:
1. Interpretation
1.1 Agreement: The agreement between Storywise and the
Customer for the supply of the Services, consisting of the
Order Form(s) and these Terms.
1.2 Business Day: any day (other than a Saturday, Sunday or
public holiday) when banks in London are open for business.
1.3 Charges: the fees set forth in the Order Form that are
payable by the Customer under the Agreement.
1.4 Customer: the person or company who purchases the
Services, as identified in the Order Form.
1.5 Effective Date: the date specified on the Order Form on
which the Agreement becomes effective.
1.6 Initial Term: the 12-month period from the Effective Date,
or as otherwise detailed in the Order Form.
1.7 Intellectual Property Rights: all patents, rights to
inventions, utility models, copyright and related rights,
trade-marks, service marks, trade, business and domain names,
rights in trade dress or get-up, rights in goodwill or to sue
for passing off, unfair competition rights, rights in designs,
rights in computer software, database right, topography
rights, moral rights, rights in confidential information
(including know-how and trade secrets) and any other
intellectual property rights on any media whether or not
currently existing or yet to be invented, in each case whether
registered or unregistered and including all applications and
rights to apply for and be granted, renewals or extensions of,
and rights to claim priority from, such rights and all similar
or equivalent rights or forms of protection which subsist or
will subsist now or in the future in any part of the world.
1.8 Manuscript: a novel, biography, autobiography, work of
nonfiction or other literary work.
1.9 Order Form: a form, duly completed and signed by both
parties, detailing the Customer, the Services provided to the
Customer by Storywise, the Charges, the Effective Date, and
any other terms relating to the Agreement.
1.10 Renewal Term: the 12-month period following the end of
the Initial Term or the end of the previous Renewal Term, as
applicable.
1.11 Services: the provision of the Platform, and all related
set up, services and support, to the Customer.
1.12 Services Start Date: The first day of the month following
the date on which Storywise receives a signed Order Form.
1.12 Services Start Date: The first day of the month following
the date on which Storywise receives a signed Order Form.
1.13 Submission: A Manuscript, together with additional
information as prepared by an author and as uploaded either
directly by the author or by the Customer to the Platform.
1.14 Term: the Initial Term of the Agreement, and any Renewal
Term.
2. Acceptance of Terms
2.1 These Terms govern any use by you of Storywise’s Services.
The Services are offered subject to your acceptance without
modification of all of these Terms and all other operating
rules, policies and procedures that may be published from time
to time by the Company.
2.2 The Company reserves the right, at its sole discretion, to
modify or replace any of the terms or conditions contained in
these Terms at any time. It is your responsibility to check
these Terms periodically for changes. Your continued use of
the Services following the posting of any changes to these
Terms constitutes your acceptance of those changes and the
updated Terms. If any change to these Terms is not acceptable
to you, your sole remedy is to cease accessing and otherwise
using the Services.
3. Proprietary Rights and Your Use of The Services
3.1 The Company is and shall remain the sole and exclusive
owner of all right, title and interest in and to the Services
and any other Intellectual Property Rights licensed or
developed by the Company, including without limitation all
patents, copyrights, trade secrets, trademarks, and other
intellectual property and proprietary rights therein including
any and all extensions, adaptations, additions, applications
improvements, updates, upgrades, error-corrections or other
modifications thereof, and any work products thereof
(collectively, the “Company IP”). All modifications of the
Company IP or derivative works based thereon and developed by
the Company under these Terms, in whole or in part, will be
the sole and exclusive property of the Company. For the
avoidance of doubt, nothing shall restrict the Company from
using any function, feature or element of the Services or any
other Company IP for the purpose of providing the Services. No
rights are granted to you hereunder other than as expressly
set forth in these Terms.
3.2 The Company hereby grants you, during the Term, a
non-exclusive, non-transferable, non-sub licensable right to
access and use the Platform solely for your use, provided you
will use the Services (i) in compliance with these Terms, and
(ii) to the extent permitted under all applicable laws and
regulations. Notwithstanding the foregoing, you shall not, and
shall not permit anyone else to, directly or indirectly: (a)
make any part of the Services available to anyone other than
you, or use any Services for the benefit of anyone other than
you, unless expressly agreed otherwise by the Company; (b)
sell, resell, license, sublicense, distribute, make available,
rent or lease any Service, commercially exploit, or otherwise
make the Services available to any third party; (c) use any of
the Services to store or transmit infringing, libellous or
otherwise unlawful or tortious material, or to store or
transmit material in violation of third-party privacy rights
or any applicable laws; (d) use the Services to store or
transmit any code, files, scripts, agents or programs intended
to do harm, including, for example, viruses, worms, time bombs
and Trojan horses; (e) interfere with or disrupt the integrity
or performance of the Services or third-party data contained
therein; (f) attempt to gain unauthorized access to the
Services or its related systems or networks; (g) permit direct
or indirect access to or use of any Services in a way that
circumvents a contractual usage limit, or use any Services to
access or use any of Company IP (as defined above) except as
permitted under these Terms; (h) modify, copy, duplicate,
imitate, reproduce or create derivative works based on the
Services or any part, feature, function or user interface
thereof; (i) frame or mirror any part of any Service; (j)
disassemble, reverse engineer, or decompile the Services or
access it to (1) build a competitive product or service, (2)
build a product or service using similar ideas, features,
functions or graphics of the Service, (3) copy any ideas,
features, functions or graphics of the Service, or (k) use the
Services in any manner that is unlawful or prohibited or in
violation of these Terms and/or any applicable law or
regulation (the foregoing (a) through (k), collectively, the
“Prohibited Uses”).
3.3 Company reserves the right, at its sole discretion without
any liability to you, to disable, suspend or terminate your
right to use or access the Services in the event the Company
determines or reasonably suspects that you are, directly or
indirectly, engaging in any of the Prohibited Uses.
3.4 The trademarks, service marks, and logos of the Company
(the “Company Trademarks“) used and displayed in connection
with the Services are registered and/or unregistered
trademarks or service marks of the Company. Other company
product and service names used in connection with the Services
may be trademarks or service marks owned by third parties (the
“Third Party’s Trademarks“, and, collectively with the Company
Trademarks, the“Trademarks“). The offering of the Services
shall not be construed as granting any license or right to use
any Trademark displayed in connection with the Services
without the prior written consent of the Company. The
Trademarks may not be used to disparage the Company or any
third party or in any manner (in the Company’s sole judgment)
that may damage any goodwill in the Trademarks. Use of any
Trademarks as part of a link to or from any site is prohibited
unless the Company approves the establishment of such a link
by prior written consent specific for each such link.
3.5 You hereby grant to Company a worldwide, perpetual,
irrevocable, royalty-free license to use and incorporate into
its services any suggestion, enhancement request,
recommendation, correction or other feedback provided by you
relating to the operation of Company’s Services.
4. Password And Security
4.1 As part of using the Services, you may create a password
or any kind of additional security method. You are responsible
for maintaining the confidentiality of the password or any
kind of additional security method. You are fully responsible
for all activities that occur on your phone or computer and
any other device.
4.2 The Company cannot and will not be liable for any loss,
damage or other liability arising from your failure to comply
with this section or from any unauthorized access to or use of
your phone or computer or any other device while using the
Services.
5. Your Obligations
5.1 You agree to: (a) use the Services only in accordance with
these Terms and in compliance with applicable laws and
government regulations and guidelines, including any
applicable privacy laws; (b) if you represent a company or
other corporate entity, be responsible for your users’
compliance with these Terms; (c) use commercially reasonable
efforts to prevent unauthorized access to or use of Services
and notify the Company promptly of any such unauthorized
access or use; (d) to the extent required, obtain and maintain
all necessary licenses, consents, and permissions necessary
for the Company to perform its obligations under these Terms,
including the transmission through the Services, of any data
(including personal data) submitted by you (“Data”); (d) be
solely liable for problems, conditions, delays, delivery
failures and all other loss or damage arising from or relating
to your network connections or telecommunications links; and
(e) be responsible for the accuracy, quality and legality of
your Data, the means by which you acquired your Data and your
use of the Data together with the Services.
5.2 You acknowledge, represent and warrant that: (i) Company
does not control or monitor, and is not responsible for the
content of your Data; (ii) the Company reserves the right to
remove your Data which is deemed to be in violation of any of
these Terms, at the Company’s sole discretion; (iii) the
Company makes no representations or warranties as to your
Data, and all express, implied and statutory warranties in
connection with your Data, including without limitation with
respect to the legality, reliability, authenticity, integrity,
accuracy, content, completeness, availability and quality
thereof, are all expressly disclaimed to the fullest extent
permitted by law.
5.3 By using the Services, you give your consent to the
Company, and grant to the Company a worldwide, royalty-free,
and non-exclusive license, to collect your Data, store the
Data in the Company’s third party’s external servers or cloud
services on which the Services operates, and to use the Data
in order to provide the Services.
6. Third-Party Providers
6.1 You acknowledge that the Company uses Amazon Web Services,
Inc. to host your Data or provide other infrastructure that
helps with the delivery of the Company’s Services
(“Third-Party Cloud Provider”). You acknowledge and agree that
Company is not responsible for the availability and
performance of the Third-Party Cloud Provider, and shall not
be held liable for any loss or damage (including loss of data
and/or loss of profits), which may be incurred by you, as a
result of the lack of the Third-Party Cloud Provider
availability or error in their performance of the Services.
6.2 You also acknowledge that the Company may include in the
Services certain third-party software, components, cookies
and/or libraries that are subject to open source license
and/or to other third-parties license terms (“Third-Party
Software”). You acknowledge and agree to the use by the
Company of such Third-Party Software.
6.3 You acknowledge and agree that your right to use such
Third-Party Software in connection with the Services, is
subject to and governed by the terms and conditions of the
open source or third-party license applicable to such
Third-Party Software, including, without limitation, any
applicable acknowledgements, license terms and disclaimers
contained therein. In the event of a conflict between the
provisions of these Terms and the terms of such Third-Party
Software license, the terms of the applicable Third-Party
Software licenses shall prevail with regard to your use of the
relevant Third-Party Software. Other than the applicable
Third-Party Software component, in no event, will the Services
(or any part thereof) be deemed to be “open source” or
“publicly available” software.
6.4 The Services may provide, or third parties may provide,
links to other Internet websites or resources. Because the
Company has no control over such websites and resources, you
acknowledge and agree that the Company is not responsible for
the availability of such websites or resources, and does not
endorse and is not responsible or liable for any content,
advertising, products, services or other materials available
from such websites or resources. You further acknowledge and
agree that the Company shall not be responsible or liable for
any damage or loss caused or alleged to be caused by or in
connection with any use of or reliance on any such content,
advertising, products, services or other materials available
on or through any such website or resource.
7. Charges and Payment for The Services
7.1 In consideration for provision of the Services you agree
to pay the Company the Charges set forth in the Order Form.
Storywise shall invoice the Customer monthly, starting after
the Effective Date, with payment due within one week from the
invoice date. Unless expressly provided otherwise in the Order
Form, all Charges and other amounts due: (i) are stated in and
are payable in USD or GBP, as indicated on the invoice; (ii)
are exclusive of taxes and similar charges, including sales,
usage, excise, VAT, and other taxes (to the extent
applicable); (iii) shall be paid by via by BACS transfer (with
wiring charges to be borne by the Customer); (iv) are
non-cancellable and non-refundable; and (v) are exempt from
any counterclaim or other right of set-off.
7.2 Any Services fees and other amounts due under these Terms
which are not paid when due are subject to a finance charge of
1.5% per month on any outstanding balance, or the maximum
permitted by law, whichever is lower, plus all expenses of
collection and may result in termination of the Services. In
addition, if you are more than 30 days late in paying an
invoice, you shall be considered to be in material breach of
these Terms and without prejudice to any other rights and
remedies available to the Company under any applicable law,
the Company may, at its sole discretion and without liability
to you: (i) disable, suspend or terminate your access to all
or part of the Services, and Company shall be under no
obligation to provide any or all of the Services while the
invoice(s) concerned remain unpaid; and/or (ii) immediately
suspend the Services or otherwise terminate these Terms and/or
any related Order Form. The Company’s right to terminate these
Terms shall not release you of your payment obligations, as
the same shall remain in effect together with the Company’s
right to collect any attorneys’ fees or collections fees as
relevant.
7.3 The Company reserves the right to change (including
increase) its prices (or any part thereof) at any time,
however any such change will only take effect upon
commencement of the next Renewal Term, provided, that no
change that was made within less than 45 days of the next
Renewal Term will be applied to such Renewal Term.
8. Confidentiality
8.1 During the provision of the Services, you and the Company
may be provided with, given access to, or exposed to,
Confidential Information of the other party. ‟Confidential
Information” shall mean any information and data of a
proprietary or confidential nature, whether in oral, written,
graphic, machine-readable form, or in any other form,
including but not limited to proprietary, technical,
development, marketing, sales, price, operating, performance,
cost, know-how, business and process information, methods,
procedures, data, computer programming techniques and computer
code, any information regarding suppliers, licensors,
licensees, partners, affiliates, customers, potential
customers or others, and all record bearing media containing
or disclosing such information and techniques, which is
disclosed by one party to the other party pursuant to these
Terms or to which the other party is exposed or given access
in connection with the Agreement, whether or not marked as
“Confidential” or similar marking. Without derogating from the
generality of the foregoing, Confidential Information of the
Company shall also include the Company IP, details of the
Services, and the results of any performance tests of the
Services and any work products of the Services, any Outputs
from the AI Functions (as defined below) and your Confidential
Information shall also include your Data. “Confidential
Information” shall not include any information that: (a) is or
becomes publicly known other than through any act or omission
of the receiving party; (b) was in the receiving party’s
lawful possession before the disclosure, as evidenced by
applicable documentation; (c) is lawfully disclosed to the
receiving party by a third-party without restriction on
disclosure; (d) is independently developed by the receiving
party, as evidenced by applicable documentation; or (e) is
required to be disclosed by any final judicial or
administrative order or decree or pursuant to any applicable
law, in which case such party shall provide the other with
prompt written notice of the existence, terms and
circumstances of such order or decree so that a protective
order or other appropriate remedy may be sought and/or
compliance with these Terms may be waived, and in all cases
may furnish only the minimum portion of the Confidential
Information which is legally required.
8.2 Each party shall hold the other party’s Confidential
Information in strict confidence, shall not disclose or make
such Confidential Information available to any third-party and
shall not use such Confidential Information for any purpose
other than for performing its obligations under these
Terms.
8.3 Each party shall be entitled to disclose the other party’s
Confidential Information to its officers, directors,
employees, affiliates and consultants (‟Representatives”), on
a need to know basis in order to perform its obligations
hereunder, provided that such Representatives are bound by
confidentiality obligations of at least the same scope of
these Terms and provided further that such party shall be
responsible for and liable to any breach or violation of these
Terms by such Representatives.
8.4 Notwithstanding the provisions of this section 8, the
Customer grants Storywise a limited right to use the
Customer’s name, logo and marks, exclusively for promotional
purposes during the term of the Agreement.
9. Restrictions On Use of The Website
9.1 By using the Platform, you agree not to engage in any
activity that, in the Company’s sole discretion:
9.1.1 is illegal or violates any law or regulation.
9.1.2 distributes, transmits, syndicates, sells or offers to
sell or otherwise makes available all or any part of the
Platform or any content, files, feeds or data from the
Company's website, whether publicly available or not.
9.1.3 copy, download, or store any content, files or data from
the Platform or the Company’s website, reproduce, download,
modify, translate, add to, publish, perform, display,
disclose, archive, upload, broadcast or sell, sublicense,
index or exploit any part of the Platform or the Company’s
website or the content thereon in any medium, either directly
or through the use of any device, software, internet site,
web-based services or other means.
9.1.4 mirror, frame, screen scrape or deep link to any aspect
of content in the Platform or the Company’s website through
technology or means other than those provided or authorized by
the Company.
9.1.5 access the Services via any automated system, including,
without limitation, by “robots,” “spiders,” “offline readers,”
etc., or take any action that infringes, or which may infringe
(as determined in the Company’s sole discretion) on any right
of the Company.
9.1.6 knowingly or recklessly upload invalid data or introduce
viruses, worms, trojan horses or other malware or software
agents, whether harmful or not, to the Platform or the
Company’s website, or tamper with, impair, damage, attack,
exploit or penetrate the Services, or otherwise attempt to
interfere with or the Services.
9.1.7 bypass the measures the Company may use to prevent or
restrict access to or use of the Services, including by
hacking into secured or non-public areas of the Platform
and/or the Company’s website.
10. AI Content
10.1 When using the Platform, you will upload Submissions to
the Platform ("Input") and receive output (which may be
composed of a log line, synopsis and review) generated and
returned by the Al Functions based on an analysis of the Input
("Output", and together with Input, "Al Content").
10.2 By inputting the Input, you acknowledge that you have all
legal right and title to the Input, and you are permitted to
input the Input into the Platform without any restrictions. If
there are any restrictions on your inputting of the Input,
please refrain from using the Platform. Additionally, by using
the Platform, you acknowledge and consent to the Input being
shared with Storywise’s technology partners, such as Amazon
Web Services (AWS), as well as other service providers as
detailed in our Privacy Policy, in order to provide you with
the AI Functions.
10.3 It is hereby clarified that when you use the Platform,
the author to whom the Manuscript belongs remains the owner of
the Manuscript and the publisher/literary agent is the owner
of any Output.
10.4 Storywise exclusively owns all rights, title, and
interest in and to the Platform and the Services, including
all associated Intellectual Property Rights. No license or
other rights (express or implied) in or to the Platform are
granted, assigned, licensed, or conveyed to you.
11. Training AI Models
Storywise will not conduct training of any AI models on
Manuscripts. In the future Storywise may allow for the use of:
(i) Outputs, and/or (ii) any part of the Submission which is
not the Manuscript, for model training purposes, however this
will only be done on a per-publisher basis (i.e. Output of one
publisher will only be used to train that publisher’s model)
and this will only be done with notice to the relevant
publisher and consent by that publisher.
12. Your Consent and Acknowledgement
12.1 Storywise provides the Platform to enhance its services,
provide personalized experiences and improve Storywise’s
services. By using the Platform you:
12.1.1 Expressly consent to the use of artificial intelligence
(AI) features as part of the use of the Platform.
12.1.2 acknowledge and agree that Storywise may collect,
store, and process the AI Content, which may include personal
data, as necessary to provide the AI Functions.
12.1.3 Represent and warrant that you have obtained all
required consents and authorizations as to allow Storywise to
use the AI Functions for purposes detailed in these Terms,
including notifying the author (if the submitter of the
Manuscript is not the author) of the use of the AI Functions,
and you have secured all rights necessary to grant Storywise
the ability to use the AI Functions in the manner detailed in
these Terms. You have the right to withdraw your consent to
the use of data by the AI Functions, at any time, by stopping
to use the Platform.
12.1.4 Agree that you are responsible for any Input, as well
as Output you generate.
12.1.5 Acknowledge that the Output is generated by the AI
Functions on a non-exclusive basis and may be provided to
other users as well. You acknowledge that Storywise cannot
guarantee that the Outputs will be unique or will not be
similar to Outputs of other users. You hereby waive any claim
with respect to any similar or identical Outputs that may be
generated by other Storywise users.
12.1.6 Acknowledge that your reliance on any Output is done at
your own risk. Storywise strongly recommends that you
carefully evaluate the Output for accuracy and appropriateness
for your specific use.
12.1.7 Are responsible for ensuring that any AI Content: (i)
complies at all times with these Terms and the Agreement; (ii)
does not violate any applicable laws and regulations of the
jurisdictions which apply to your use of the Platform; (iii)
does not infringe, violate, or misappropriate any of
Storywise’s rights or the rights of any third party, including
Intellectual Property Rights.
12.1.8 Permit Storywise to disclose such content to law
enforcement or other governmental authorities in response to a
subpoena or court order, in the event that any AI Content is
alleged to be unlawful or otherwise in breach of the
Agreement.
12.1.9 Give Storywise the right to host the AI Content on
Storywise’s Platform and use it as necessary to provide the
Services, comply with applicable laws, enforce Storywise’s
policies and keep Storywise’s Services safe.
12.1.10 Provide all assistance and cooperation necessary for
Storywise to provide you with the Services, as reasonably
required.
13. Restrictions
You hereby agree, when using the Platform, not to
intentionally generate any harmful content. It is prohibited
to use the Platform to: (i) mislead anyone that the content
generated by the AI Functions is human-generated; (ii) provide
medical, financial or legal advice; (iii) generate spam,
ransomware, viruses, intentional disinformation or deception,
or other software, or to intentionally circumvent safety
filters and functionality or prompt models to act in a manner
that violates these Terms; (iv) generate or disseminate
information to be used for the administration of justice or
other legal purposes; (v) violate the privacy rights or
Intellectual Property Rights of others, including unlawful
tracking, monitoring, and identification; (vi) harass, harm,
or encourage the harm of individuals or specific groups; or to
(vii) use the AI Functions for automated decision-making that
has legal or similarly significant effects on individuals,
unless you do so with adequate human review and in compliance
with applicable law, and in such a case you acknowledge you
are doing so at your own risk.
14. Term and Termination
14.1 The Agreement commences on the Effective Date and
continues for the Initial Term, automatically renewing for
each Renewal Term, unless terminated in accordance with the
terms below.
14.2 Either party may terminate the Agreement with at least 30
days’ notice prior to the end of the Initial Term or any
Renewal Term (as applicable), which will come into effect at
the end of the applicable Term.
14.3 Notwithstanding the foregoing, and without prejudice to
any other rights or remedies to which the Company may be
entitled under these Terms and/or any applicable law, the
Company, at its sole discretion may immediately terminate the
use of the Services by you and terminate any Order Form signed
between the Company and you and immediately deactivate any
further access to the Services or suspend the Services,
without liability to you if: (a) you breached any provision of
these Terms or any applicable law or regulation, including
without limitation your failure to meet the data security
requirements or your failure to timely pay any amount owed to
the Company; (b) if you become insolvent, make an assignment
for the benefit of creditors, file or have filed against it a
petition in bankruptcy or seeking reorganization, have a
receiver appointed, or institute any proceedings for the
liquidation or winding up, and/or (c) if the Company believes,
in its sole discretion that the use of the Services by you
creates a risk for the Company and/or for any other third
party user of the Services.
14.4 You agree that the Company shall not be liable to you or
any third party for any termination of your right to use or
otherwise access the Services.
14.5 Upon termination or expiration of these Terms for any
reason whatsoever: (a) all rights granted to you under these
Terms shall immediately terminate; (b) you shall immediately
cease any use of the Services; (c) all outstanding Services’
fees will immediately become due and payable by you; (d) to
the greatest extent allowed by law, you shall delete and make
no further use of the Company’s Confidential Information and
(e) the Company will destroy any of the your Data in its
possession (if any) upon your written request.
14.6 For the avoidance of doubt, all the provisions of these
Terms that by their nature should survive termination of your
right to use the Services shall survive (including, without
limitation, all limitations on liability, releases,
indemnification obligations, disclaimers of warranties, and
intellectual property protections).
15. Disclaimer of Warranties
15.1 Storywise is constantly working to improve its Services
to make them more accurate, reliable, safe, and beneficial.
Given the nature of artificial intelligence machine learning
technology and the fact that the Outputs are generated through
machine learning processes and are not tested, verified and
endorsed, the AI Functions may, in some situations, result in
inaccurate Output. The use of the AI Functions is at your sole
risk. You should independently review and verify all Outputs
as to appropriateness for any use cases. You acknowledge that
Storywise has not verified the accuracy of the Output and it
does not represent Storywise’s views. Storywise makes no
warranty or guarantee as to the accuracy, completeness,
fitness for a specific purpose, or reliability of the Output,
nor the legal possibility to use the Output or whether it
infringes any third parties’ rights, and shall not have any
liability or responsibility arising in any way regarding the
Output or any omissions or errors contained in the Output.
Storywise recommends that you obtain professional and
independent advice before you act on any advice contained in
the Output, rely on the accuracy of the Output, or use of the
Output, in any way.
15.2 Storywise reserves the right to immediately, without
reason and without notice, discontinue any or all AI Functions
as deemed necessary, and you acknowledge and agree that you
have no claims against Storywise should such action be
taken.
15.3 You acknowledge and agree that Storywise is not
responsible for any activities or legal consequences of your
use of the AI Functions or its Outputs, including in case that
a third party has a claim against you following the usage of
such AI Functions.
15.4 The AI Functions are provided on an “as is” and “as
available” basis. Storywise hereby expressly disclaims all
warranties of any kind, express or implied, including, but not
limited to, implied warranties of merchantability, title,
non-infringement and fitness for a particular purpose, as well
as any warranties regarding security, suitability,
reliability, availability, timeliness, accuracy and
performance of the AI functions. Storywise makes no warranty
that: (i) the AI Functions will meet your requirements, (ii)
the AI Functions will be uninterrupted, timely, secure, or
error-free, (iii) the results and/or output that may be
obtained from the use of the AI Functions will be accurate or
reliable, or (iv) any errors in the AI Functions will be
corrected. The foregoing disclaimers shall not apply to the
extent prohibited by applicable law. In addition, Storywise
does not warrant or guarantee the accuracy of the results
generated by the AI Functions. You remain responsible for
making your own business decisions and for determining the
appropriateness of the AI functions for your unique use case
and needs.
16. Limitation of Liability
In no event shall Storywise be liable, whether in tort,
contract, misrepresentation, restitution or otherwise, for any
loss of profits, loss of business, depletion of goodwill
and/or similar losses, pure economic loss, or for any special,
indirect punitive, incidental, consequential, exemplary or
other similar loss, costs, damages, charges or expenses,
arising out of or in any way connected with the use of,
misuse, inability to use, or the reliance upon, the AI
Functions and/or otherwise in connection with these Terms; and
in no event shall Storywise’s total aggregate liability, in
contract, tort, misrepresentation, restitution or otherwise,
arising out of or in any way connected with the use of,
misuse, inability to use, or the reliance upon, the AI
Functions and/or otherwise in connection with the Agreement,
exceed the total charges paid by you for the AI Functions
during the 12 month period preceding the date in which the
claim leading to liability arose.
17. Indemnity
You agree to defend, indemnify and hold Storywise, and its
affiliates, and each of its and their respective officers,
directors, agents, co-branders, other partners, and employees,
harmless from any and all damage (whether direct, indirect,
incidental, consequential or otherwise), loss, liability, cost
and expense (including, without limitation, reasonable
attorneys’ and accounting fees) resulting from any claim,
demand, suit, proceeding (whether before an arbitrator, court,
mediator or otherwise), or investigation made by any third
party (each a “Claim”) due to or arising out of your use of,
contribution to or connection with the platform; your
violation of these Terms and/or your violation of any rights
of a third party including infringement of Intellectual
Property Rights of a third party. Storywise shall provide you
notice of any such Claim; provided, that, the failure or delay
by Storywise in providing such notice shall not limit your
obligations hereunder. Storywise reserves the right to assume
the exclusive defense and control of any matter which is
subject to indemnification under this section 17, and in such
case, you agree to cooperate with all reasonable requests of
Storywise in assisting Storywise’s defense of such matter.
18. Removal Requests
If Storywise receives a removal request related to your AI
Content (e.g. for infringing a third party’s Intellectual
Property Rights), Storywise may, at its sole discretion,
taking into account technological limitation and the resources
involved in carrying out such removal request, make its best
efforts to remove such AI Content in whole or in part from the
AI Functions, and will provide you with a prior notice of the
actions taken in response to such request. Storywise shall
have no obligation to investigate such a claim, and shall have
no liability in relation to its compliance, non-compliance, or
partial compliance with any such request. Storywise reserves
the right to notify the person or entity which made the
removal request providing the infringement notice of such
removal at its discretion.
19. Internal Use
Subject to the provisions in Company’s Privacy Policy, the
Company may use information that it collects related to your
use of the Platform (“Usage Data”) for its own internal usage,
which may include without limitation, for quality control,
security monitoring and product development. In addition, the
Company may disclose Usage Data to third parties, provided
that such information does not identify you, any personal Data
that you transmitted to Storywise and/or any of your
Confidential Information. Company retains all intellectual
property rights and property rights in the Usage Data.
20. Additional Terms
20.1 These Terms and the Agreement constitute the entire
agreement between you and the Company and govern your use of
the Services, superseding any prior or contemporaneous
agreements, proposals, discussions or communications between
you and the Company on the subject matter hereof.
20.2 These Terms and the Agreement are governed by the laws of
England and Wales (including any dispute relating to the
formation or applicability of the Agreement).
20.3 The failure or delay by the Company to exercise or
enforce any right or provision of these Terms shall not
constitute a waiver of such right or provision. No oral
waiver, amendment or modification shall be effective under any
circumstance whatsoever. If any provision of these Terms is
found by an arbitrator or court of competent jurisdiction to
be invalid, the parties nevertheless agree that the court
should endeavor to give effect to the parties’ intentions as
reflected in the provision, and the other provisions of these
Terms shall remain in full force and effect.
20.4 The section titles in these Terms are for convenience
only and have no legal or contractual effect.
20.5 You may not assign any of your rights or obligations
hereunder, whether by operation of law or otherwise, without
the Company’s prior written consent.
20.6 If any provision (or part of a provision) of these Terms
is found by any court or administrative body of competent
jurisdiction to be invalid, unenforceable or illegal, the
other provisions (or the remainder of the provision) shall
remain in full force and effect.
20.7 Except for any payment obligations, neither party will be
responsible for any failure or delay in its performance under
these Terms due to a force majeure event.
For any questions or concerns regarding these terms, please
contact us at
Our Contact Page.