Last Updated: August 1st, 2023
Welcome to Storywizard ("Storywizard", "we", "us", or "our")!
These Terms of Use ("ToU"), together with our Privacy Policy accessible at storywizard.ai/privacy (hereinafter referred to as the "Privacy Policy" and, collectively with the ToU, the "Terms"), constitute a legally binding agreement between you ("you" or "User"), and us.
The Terms govern your access to and use of the Storywizard website accessible at https://storywizard.ai (hereinafter collectively referred to as the "Platform"), which is designed to facilitate the creation of tailored educational content using artificial intelligence technology ("AI").
Prior to accessing or using the Platform or providing your consent to the Terms when presented with the option, please read the Terms carefully.
By accessing or using the Platform, or by clicking to accept or agree to the Terms when presented with the option, you hereby: (a) acknowledge that you have read, understood, and accepted the Terms; (b) represent and warrant that you possess the requisite legal rights, authority, and capacity to enter into and be bound by the Terms; and (c) agree to comply with the Terms in their entirety and be legally bound by them.
Should you be unable or unwilling to fully accept the Terms, you are expressly prohibited from accessing or using the Platform.
1. Changes to the Terms
1.1 We may revise and update the Terms from time to time at our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Platform thereafter.
1.2 Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
2. Accessing the Platform and Account Security
2.1 We reserve the right to withdraw or amend the Platform, and any service or material we provide on the Platform, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Platform is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Platform, or the entire Platform, to users, including registered users.
2.2 You are responsible for:
(a) Making all arrangements necessary for you to have access to the Platform.
(b) Ensuring that all persons who access the Platform through your internet connection are aware of the Terms and comply with them.
2.3 To access the Platform or some of the resources it offers, you will be asked to provide certain registration details and/or other information. It is a condition of your use of the Platform that all the information you provide on the Platform is correct, current, and complete. You agree that all information you provide to register with the Platform or otherwise, including, but not limited to, through the use of any interactive features on the Platform, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
2.4 If you choose or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity.
2.5 You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Platform or portions of it using your user name, password, or other security information.
2.6 You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
2.7 We have the right to disable any user name, password, or other identifiers, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of the Terms.
3. Intellectual Property Rights
3.1 The Platform and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Storywizard, its licensors, or other providers of such material and are protected by the applicable copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
3.2 The Terms permit you to use the Platform for your personal use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Platform.
3.3 You must not access or use for any illegal purposes any part of the Platform or any services or materials available through the Platform.
3.4 If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Platform in breach of the Terms, your right to use the Platform will stop immediately and you must, at our option, return or destroy any copies of the materials you have made.
3.5 No right, title, or interest in or to the Platform or any content on the Platform is transferred to you, and all rights not expressly granted are reserved by Storywizard.
3.6 Any use of the Platform not expressly permitted by the Terms is a breach of the Terms and may violate copyright, trademark, and other laws.
3.7 Our logo and name, and all related names, logos, product and service names, designs, and slogans are trademarks of Storywizard or its affiliates or licensors. You must not use such marks without the prior written permission of Storywizard.
4. Prohibited Uses
4.1 You may use the Platform only for lawful purposes and in accordance with the Terms.
4.2 You agree not to use the Platform:
(a) In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software).
(b) For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
(c) To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the rules set out in the Terms.
(d) To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
(e) To impersonate or attempt to impersonate Storywizard, a Storywizard employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
(f) To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Platform, or which, as determined by us, may harm Storywizard or users of the Platform, or expose them to liability.
4.3 Additionally, you agree not to:
(a) Use the Platform in any manner that could disable, overburden, damage, or impair the Platform or interfere with any other party's use of the Platform, including their ability to engage in real time activities through the Platform.
(b) Use any robot, spider, or other automatic device, process, or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform.
(c) Use any manual process to monitor or copy any of the material on the Platform, or for any other purpose not expressly authorized in the Terms, without our prior written consent.
(d) Use any device, software, or routine that interferes with the proper working of the Platform.
(e) Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
(f) Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Platform, the server on which the Platform is stored, or any server, computer, or database connected to the Platform.
(g) Attack the Platform via a denial-of-service attack or a distributed denial-of-service attack.
(h) Otherwise attempt to interfere with the proper working of the Platform.
5. User Contributions
5.1 The Platform may contain interactive features (collectively, "Interactive Services") allowing users to write, create, edit, post, submit, publish, display, or transmit to themselves, other users or third parties (hereinafter, "post") tailored educational content and other content or materials on or through the Platform ("User Contributions").
5.2 All User Contributions must comply with the Content Standards set out in the Terms.
5.3 Any User Contribution you post to the Platform will be considered non-confidential and non-proprietary. By providing any User Contribution on the Platform, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any of the User Contributions and other related content and material for any purpose.
5.4 You represent and warrant that:
(a) You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
(b) All of your User Contributions do and will comply with the Terms.
(c) You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Storywizard, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
(d) We are not responsible or liable to you and/or any third party for any aspect regarding the User Contribution (including its uniqueness or level) or other related content or accuracy of any User Contributions posted by you or any other user of the Platform.
6. Monitoring and Enforcement; Termination
6.1 We have the right to:
(a) Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
(b) Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Platform or the public, or could create liability for Storywizard.
(c) Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
(d) Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Platform.
(e) Terminate or suspend your access to all or part of the Platform for any or no reason, including without limitation, any violation of the Terms.
6.2 Without any restriction, we reserve the right to collaborate entirely with any court order or law enforcement agency that requests or instructs us to reveal the identity or any other information related to any individual who posts any content on the Platform. You relinquish and absolve Storywizard, its affiliates, licensees, and service providers from any legal claims that may arise due to any measures taken by any of the aforementioned parties during investigations conducted by law enforcement agencies or the said parties.
6.3 Note that we do not undertake to review all material and User Contribution before it is posted on the Platform and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for the performance or nonperformance of the activities described in this section.
7. Content Standards
7.1 These content standards (“Content Standards”) apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations.
7.2 Without limiting the foregoing, User Contributions must not:
(a) Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
(b) Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
(c) Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
(d) Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with the Terms and our Privacy Policy.
(e) Be likely to deceive any person.
(f) Promote any illegal activity, or advocate, promote, or assist any unlawful act.
(g) Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
(h) Impersonate any person or misrepresent your identity or affiliation with any person or organization.
(i) Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
(j) Give the impression that they emanate from or are endorsed by us or any other person or entity if this is not the case.
8. Reliance on Information Posted
8.1 The information presented on or through the Platform is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Platform, or by anyone who may be informed of any of its contents.
8.2 The Platform may include or includes content, features and/or technological tools provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Storywizard, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Storywizard. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
9. Changes to the Platform
9.1 While we may occasionally update the content on the Platform, it may not always be complete or up-to-date.
9.2 The content on the Platform may be outdated at any given moment, and we hold no responsibility to revise or refresh such materials.
10. Information About You and Your Visits to the Platform
10.1 All information we collect on the Platform is subject to our Privacy Policy.
10.2 By using the Platform, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
11. Other Terms and Conditions
11.1 Additional terms and conditions may also apply to specific portions, services, or features of the Platform.
11.2 All such additional terms and conditions are hereby incorporated by this reference into the Terms.
12. Linking to the Platform and Social Media Features:
12.1 The Platform may provide certain social media features that enable you to
(a) Link from your own or certain third-party websites to certain content on the Platform.
(b) Send emails or other communications with certain content, or links to certain content, on the Platform.
(c) Cause limited portions of content on the Platform to be displayed or appear to be displayed on your own or certain third-party websites.
12.2 You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features.
12.3 You must not:
(a) Establish a link from any website that is not owned by you.
(b) Cause the Platform or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
(c) Link to any part of the Platform other than the homepage.
(d) Otherwise take any action with respect to the materials on the Platform that is inconsistent with any other provision of the Terms.
12.4 The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in the Terms.
12.5 You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
12.6 We may disable all or any social media features and any links at any time without notice in our discretion.
13. Links from the Platform
13.1 If the Platform contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links.
13.2 We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.
13.3 If you decide to access any of the third-party websites linked to the Platform, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
14. Geographic Restrictions
14.1 We make no statements that the Platform or any of its content is accessible or appropriate outside of the United States.
14.2 Access to the Platform may not be legal for certain persons or in certain countries.
14.3 If you access the Platform from outside United States, you do so on your own initiative and are responsible for compliance with local laws.
15. Disclaimer of Warranties
15.1 You understand that we cannot and do not guarantee or warrant that using the Platform will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checks required for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.
15.2 By using the Platform, you acknowledge and understand that due to the nature of AI, content created through the Platform (including User Generate Content, hereinafter "Output") may not be entirely unique, and that the Output may contain content, creations, phrases, sentences, or ideas that resemble or closely align with pre-existing content, and the Output and/or the results obtained from using our services may occasionally be unintentional, inaccurate or irrelevant. You agree that we are not responsible for any unintentional, inaccurate, or irrelevant Output or similarities or unintentional duplications in the Output, and you should be aware that Output is not guaranteed to be exclusive or one-of-a-kind and may, in some instances, mirror previously published or created content.
15.3 TO THE FULLEST EXTENT PROVIDED BY THE APPLICABLE LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR LINKED TO IT.
15.4 YOUR USE OF THE PLATFORM, ITS CONTENT, THE OUTPUT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM IS AT YOUR OWN RISK. THE PLATFORM, ITS CONTENT, THE OUTPUT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER STORYWIZARD NOR ANY PERSON ASSOCIATED WITH STORYWIZARD MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE PLATFORM. WITHOUT LIMITING THE FOREGOING, NEITHER STORYWIZARD NOR ANYONE ASSOCIATED WITH STORYWIZARD REPRESENTS OR WARRANTS THAT THE PLATFORM, ITS CONTENT, THE OUTPUT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
15.5 TO THE FULLEST EXTENT PROVIDED BY THE APPLICABLE LAW, STORYWIZARD HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.
16. Limitation on Liability
16.1 TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, IN NO EVENT WILL STORYWIZARD, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE PLATFORM, ANY PLATFORMS LINKED TO IT, ANY CONTENT ON THE PLATFORM OR SUCH OTHER PLATFORMS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
17. Indemnification
17.1 You agree to defend, indemnify, and hold harmless Storywizard, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of the Terms or your use of the Platform, including, but not limited to, your User Contributions, any use of the Platform's content, services, and products other than as expressly authorized in the Terms, or your use of any information obtained from the Platform.
18. Governing Law and Jurisdiction
18.1 The Terms shall be governed by and construed in accordance with the internal laws of the State of Israel, without giving effect to any choice or conflict of law provision or rule.
18.2 All matters relating to the Platform and the Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims) shall be (i) governed, construed and interpreted in accordance with the Laws of the State of Israel, without giving effect to principles of conflicts of any other law or choice of other law that would cause such other laws of any other jurisdiction to apply; and (ii) resolved exclusively in the competent court of Tel Aviv.
19. Limitation on Time to File Claims
19.1 ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE PLATFORM MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
20. Waiver and Severability
20.1 No waiver by Storywizard of any term or condition set out in the Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Storywizard to assert a right or provision under the Terms shall not constitute a waiver of such right or provision.
20.2 If any provision of the Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
21. Entire Agreement
21.1 The Terms and any other incorporated documents or policies constitute the sole and entire agreement between you and us regarding the Platform and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Platform.
22. Your Comments and Concerns
22.1 All feedback, comments, questions, requests for technical support, and other communications relating to the Platform should be directed to contact@storywizard.ai.
