Terms of Service

Effective Date: 17.08.2017

1.GENERAL TERMS

1.1Subject to the terms and conditions set out in these Terms of Service, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Services for your internal business purposes.

1.2Storyclash provides its services as a Software-as-a-Service model with recurring payments.

1.3Storyclash constantly changes and improves the Service and may add, alter or remove functionality from a Service at any time without prior notice.

1.4Although Storyclash has an excellent record of reliability, we do not offer an uptime guarantee. However, our servers are monitored continuously and are rearly down except for scheduled maintenance and hardware and software updates.

1.5Time schedules and delivery times may only be binding if it is explicitly confirmed by Storyclash.

2.USER REQUIREMENTS

2.1You are required to provide all assistance necessary, so that a timely delivery is possible by Storyclash.

2.2When creating your account, you must provide accurate and complete information as requested, including personal information such as your name and contact information. You must keep this information up to date.

2.3The Services are designed to be used by a modern web browser, operating system and an Internet connection.

2.4Storyclash sets and enforces limits on your use of the APIs (e.g. limiting the number of API requests that you may make or the number of users you may serve), in our sole discretion. You agree to, and will not attempt to circumvent, such limitations documented with each API. If you would like to use any API beyond these limits, you must obtain Storyclash's consent (and Storyclash may decline such request or condition acceptance on your agreement to additional terms and/or charges for that use).

2.5If you have been issued an account by Storyclash in connection with your use of the Services, you are responsible for safeguarding your password and any other credentials used to access that account. You, and not Storyclash, are responsible for any activity occurring in your account, whether or not you authorized that activity. If you become aware of any unauthorized access to your account, you should notify Storyclash immediately. Accounts may not be shared and may only be used by one individual per account.

3.BILLING

3.1The amount of the remuneration is based on the service contract.

3.2When an invoice is delivered to you, payment shall be remitted to Storyclash no later than 14 days later. Storyclash shall be entitled to immediately terminate this agreement or suspend all accounts under that account plan for client's failure to make timely payment

3.3Storyclash may change the fees charged for the Services at any time, provided that, for Services billed on a subscription basis, the change will become effective only at the end of the then-current billing cycle of your Subscription. Storyclash will provide you with reasonable prior written notice of any change in fees to give you an opportunity to cancel your Subscription before the change becomes effective.

3.4All prices shall be net, exclusive of value-added-tax in the legal amount.

3.5If you terminate a Subscription in the middle of a billing cycle, you will not receive a refund for any period of time you did not use in that billing cycle unless you are terminating these Terms for any of the following reasons: (a) we have materially breached these Terms and failed to cure that breach within 30 days after you have so notified us in writing; or (b) a refund is required by law.

4.DISCLAIMER

The Services are provided "as is", "as available", with all faults and without warranties, representations or conditions of any kind. Use of the service is entirley at your own risk. Storyclash does not make any representations, warranties or conditions about the quality, accuracy, security, reliability, completeness, quiet enjoyment, currency or timeliness of the service. Storyclash does not assume any responsibility for any incompleteness, errors, security, viruses, bugs, problems, omissions, inaccuracies or other limitation in, or interruptions in the operation of, the services.

5.OTHER TERMS

5.1You understand that Storyclash service is built on API’s provided by third-party services, including Facebook, Twitter, Instagram and others, and from time-to-time, there are adverse events with respect to those APIs that are no fault of Storyclash’s. In those cases, Storyclash will not be held liable for any disruption of service.

5.2Any controversy or claim arising out of or related to the Terms of Use shall be governed by Austrian law. The Commercial Court of Linz will have exclusive jurisdiction.

5.3If any provision of these Terms of Use is held by a court to be illegal, invalid or unenforceable, the remaining provisions shall remain in full force and effect.

5.4Storyclash may, in its sole discretion, update or otherwise change the Terms of Service from time to time. When Storyclash changes the Terms of Service in a material manner, we will modify the ‘effective’ date at the top of these Terms of Service. Your continued use of the Services after any such change constitutes your acceptance of the new Terms of Service.

5.5Any attempt to undermine or cause harm to a server or customer of Storyclash is strictly prohibited. As our customer you are responsible for all your accounts. Should you violate the Terms of Services outlined within, your account will be cancelled without chance of refund.

5.6We reserve the right to refuse, cancel or suspend service, at our sole discretion.

Storyclash ist ein Service der Storyclash GmbH
Industriezeile 35, 4020 Linz / Austria

Geschäftsführer: Andreas Gutzelnig
Firmenbuch: FN 425334 t